S2838-119

1102. Congressional oversight relating to certain pardons 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— 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 all materials obtained or produced by the Department of Justice in relation to the pardon. 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. In this section: The term appropriate congressional committee means— the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and 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. The term covered offense means— an offense against the United States that arises from an investigation in which a target or subject is— the President; a relative of the President; a former President; 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 XXVI of this Act) under the President; 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 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), (iv), or (v), any person or entity; an offense under section 102 of the Revised Statutes of the United States (2 U.S.C. 192); or 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. The term pardon includes a commutation of a sentence. The term relative, with respect to the President, means— 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 a spouse of a family member described in subparagraph (A).

1104. 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.

1105. Financial disclosure reports by pardon recipients In this section: The term covered individual means an individual who is granted a pardon by the President on or after the date of enactment of this Act. The term Director means the Director of the Office of Government Ethics. The term gift— has the meaning given the term in section 2635.203(b) of title 5, Code of Federal Regulations, as in effect on the date of enactment of this Act; and includes any gift that is solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations, as in effect on the date of enactment of this Act. The term pardon includes a commutation of a sentence. Except as provided in subparagraph (B), if a covered individual gave a gift to the President who granted the covered individual a pardon during the 365-day period before the date on which the pardon was granted, not later than 30 days after the date on which the pardon is granted, the covered individual shall submit to the Director, through the online portal established under subsection (c), a financial disclosure report with respect to each gift that, during the 365-day period preceding the date on which the pardon was granted, the covered individual gave to the President who granted the pardon. Except as provided in subparagraph (B), if a covered individual gives a gift to the President who granted the covered individual a pardon on or after the date on which the pardon is granted, not later than May 15 of each year during the 5-year period following the date on which the pardon is granted, the covered individual shall submit to the Director, through the online portal established under subsection (c), a financial disclosure report with respect to each gift that, during the 365-day period preceding the date of each report, the covered individual gave to the President who granted the pardon. Any report required to be submitted under clause (i) or (ii) of subparagraph (A) during the period before the Director has established the online portal pursuant to subsection (c) shall be submitted in such form and manner as the Director may require. Each financial disclosure report submitted under paragraph (1) shall include, which respect to each gift required to be reported— the date on which the covered individual gave the gift to the President; a description of the gift; and the value of the gift. Not later than 180 days after the date of enactment of this Act, the Director shall establish an online portal on the internet website of the Office of Government Ethics through which covered individuals shall submit the financial disclosure reports required under subsection (b). The Director shall publish in a searchable format on the publicly accessible internet website of the Office of Government Ethics each financial disclosure report submitted in accordance with subsection (b) not later than 15 days after the date on which the financial disclosure report is submitted.

1204. 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— in subsection (a), by striking Each former President and inserting Subject to subsection (h), each former President; in subsection (f), by striking paragraph (2) and inserting: who has not been impeached by the House of Representatives and convicted by the Senate pursuant to the impeachment; and by adding at the end the following new subsection: 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— no monetary allowance under subsection (a) may be provided to such former President; 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 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. The term finally convicted means a conviction— which has not been appealed and is no longer appealable because the time for taking an appeal has expired; or which has been appealed and the appeals process for which is completed. (2)who has not been impeached by the House of Representatives and convicted by the Senate pursuant to the impeachment; and; and (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..

1304. Civil actions by Congress concerning foreign emoluments The Senate or the House of Representatives may bring a civil action against any person for a violation of section 1303(a). In any civil action described in subsection (a), the following rules shall apply: The action shall be filed before the United States District Court for the District of Columbia. The action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code. It shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action. Such action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal. If the court determines that a violation of section 1303(a) has occurred, the court shall issue an order enjoining the course of conduct found to constitute the violation, and such of the following as are appropriate: The disgorgement of the value of any present or emolument from the government of a foreign country. The surrender of the physical present or emolument to the Department of State, which shall, if practicable, dispose of the present or emolument and deposit the proceeds into the United States Treasury. The renunciation of any office or title accepted in violation of such subsection. A prohibition on the use or holding of such an office or title. Such other relief as the court determines appropriate. No appropriated funds, funds provided from any accounts in the United States Treasury, funds derived from the collection of fees, or any other Government funds shall be used to pay any disgorgement imposed by the court pursuant to this section.

1305. Disclosures concerning foreign and domestic emoluments Section 13104(a) of title 5, United States Code, is amended by adding at the end the following: Any present, emolument, office, or title received from a government of a foreign country (as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(e))), 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. Each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country (as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(e))) during the current calendar year. The President shall report— any emolument received from the United States, or a State, other than the compensation for services of the President as President provided for by Federal law, including the source, date, type, and amount or value of each emolument accepted on or before the date of filing during the preceding calendar year; and any business interest that is reasonably expected to result in the receipt of any emolument from the United States or a State. Section 13104(e)(1) of title 5, United States Code, is amended— in the matter preceding subparagraph (A), by inserting and paragraphs (9) through (11) after (5); and by inserting after subparagraph (F) the following: In the case of items described in paragraphs (9) and (10) of subsection (a), all information required to be reported under those paragraphs. In the case of— 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 services of the President as President provided for by Federal law; and items described in paragraph (11)(B) of subsection (a), all information required to be reported under that paragraph. Nothing in the amendments made by this section shall be construed to affect the prohibition against the acceptance of presents and emoluments under section 1303. (9)Foreign emolumentsAny present, emolument, office, or title received from a government of a foreign country (as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(e))), 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 emolumentsEach business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country (as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(e))) during the current calendar year.(11)Emoluments from United StatesThe President shall report—(A)any emolument received from the United States, or a State, other than the compensation for services of the President as President provided for by Federal law, including the source, date, type, and amount or value of each emolument accepted on or before the date of filing during the preceding calendar year; and(B)any business interest that is reasonably expected to result in the receipt of any emolument from the United States or a State.. (G)Foreign emolumentsIn the case of items described in paragraphs (9) and (10) of subsection (a), all information required to be reported under those paragraphs.(H)Emoluments from United StatesIn 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 services of the President as President provided for by Federal law; and(ii)items described in paragraph (11)(B) of subsection (a), all information required to be reported under that paragraph..

1306. Enforcement authority of the Director of the Office of Government Ethics Section 13122(a) of title 5, United States Code, is amended— by striking The Director and inserting the following: The Director by adding at the end the following: The Director shall— provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act; and shall have the authority, with respect to the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, to— issue administrative fines to individuals for violations; order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Director deems necessary; and bring civil actions to enforce such fines and orders. Section 13122(b) of title 5, United States Code, is amended— in paragraph (14), by striking and at the end; in paragraph (15), by striking the period at the end and inserting ; and; and by adding at the end the following: 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— requirements for reporting and disclosure; a schedule of administrative fines that may be imposed by the Director for violations; and a process for referral of matters to the Office of Special Counsel for investigation in compliance with section 1216(d). (1)In generalThe Director; and (2)Overall directionThe 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, with respect to the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, 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.. (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)..

1307. Jurisdiction of the Office of Special Counsel Section 1216 of title 5, United States Code, is amended— in subsection (a)— in paragraph (4), by striking and at the end; in paragraph (5) by striking the period and inserting ; and; and by adding at the end the following: any violation of— section 1303 of the Foreign and Domestic Emoluments Enforcement Act; or the amendments made by section 1305 of the Foreign and Domestic Emoluments Enforcement Act. by adding at the end the following: 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 described in subsection (a)(6) of this section, 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, not later than 7 days after the completion of such investigation, report to the Director of the Office of Government Ethics and to Congress on the results of such investigation. (6)any violation of— (A)section 1303 of the Foreign and Domestic Emoluments Enforcement Act; or (B)the amendments made by section 1305 of the Foreign and Domestic Emoluments Enforcement Act.; and (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 described in subsection (a)(6) of this section, 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, not later than 7 days after the completion of such investigation, report to the Director of the Office of Government Ethics and to Congress on the results of such investigation..

1308. Rulemaking for ethics requirements for legal expense funds Not later than 1 year after the date of enactment of this Act, the Director of the Office of Government Ethics shall finalize a rule establishing ethics requirements for the establishment or operation of a legal expense fund for the benefit of the President, the Vice President, or any political appointee (as defined in section 1216(f)(6) of title 5, United States Code, as added by section 2621(a) of this Act), consistent with the requirements of subsection (b). A legal expense fund described in subsection (a) may not accept any contribution or other payment made by— an individual who is a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or an 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). In the case of a contribution described in paragraph (1)— the legal expense fund shall take appropriate remedial action; and the Director of the Office of Government Ethics may assess a fine against the individual or agent of a foreign principal, as defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611), who made, or attempted to make, the contribution or other payment.

1309. Limitations and disclosure of certain donations to, and disbursements by, 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: It shall be unlawful for— an Inaugural Committee— to solicit, accept, or receive a donation from a person that is not an individual; or to solicit, accept, or receive a donation from a foreign national; a person— 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; to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); or 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. 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— to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee; or 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. 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. It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. 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. 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. A report filed under subparagraph (A) shall contain— the amount of the donation; the date the donation is received; and the name and address of the individual making the donation. 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: For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200— the amount of the donation; the date the donation is received; and the name and address of the individual making the donation. The total amount of all disbursements, and all disbursements in the following categories: Disbursements made to meet committee operating expenses. Repayment of all loans. Donation refunds and other offsets to donations. Any other disbursements. The name and address of each person— 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; who receives a loan repayment from the committee, together with the date and amount of such loan repayment; who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and 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. For purposes of this section: The term donation includes— any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or 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. The term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. The term foreign national has the meaning given that term by section 319(b). The term immediate family member means a parent, parent-in-law, spouse, adult child, or sibling. The term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code. 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. Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended— by striking subsection (h); and by redesignating subsection (i) as subsection (h). Section 309(a)(4)(C)(iv)(I) is amended by striking or (i) and inserting or (h). Section 313(c)(4) is amended by striking section 304(i)(8)(B) and inserting section 304(h)(8)(B). Section 510 of title 36, United States Code, is amended to read as follows: 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. 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 2029 and any succeeding year. 325.Inaugural committees(a)Prohibited donations(1)In generalIt 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 useFor 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 organizationsNothing 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 generalIt shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000.(2)IndexingAt 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 generalAn 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 reportA 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 reportNot 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)DefinitionsFor purposes of this section:(1)Donation(A)In generalThe 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)ExceptionThe term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee.(2)Foreign nationalThe term foreign national has the meaning given that term by section 319(b).(3)Immediate family memberThe term immediate family member means a parent, parent-in-law, spouse, adult child, or sibling.(4)Inaugural CommitteeThe term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code.(e)Rule of constructionNothing 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.. 510.Disclosure of and prohibition on certain donationsA 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..

325. Inaugural committees It shall be unlawful for— an Inaugural Committee— to solicit, accept, or receive a donation from a person that is not an individual; or to solicit, accept, or receive a donation from a foreign national; a person— 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; to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); or 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. 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— to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee; or 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. 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. It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. 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. 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. A report filed under subparagraph (A) shall contain— the amount of the donation; the date the donation is received; and the name and address of the individual making the donation. 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: For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200— the amount of the donation; the date the donation is received; and the name and address of the individual making the donation. The total amount of all disbursements, and all disbursements in the following categories: Disbursements made to meet committee operating expenses. Repayment of all loans. Donation refunds and other offsets to donations. Any other disbursements. The name and address of each person— 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; who receives a loan repayment from the committee, together with the date and amount of such loan repayment; who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and 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. For purposes of this section: The term donation includes— any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or 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. The term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. The term foreign national has the meaning given that term by section 319(b). The term immediate family member means a parent, parent-in-law, spouse, adult child, or sibling. The term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code. 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.

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.

1402. Presidential oversight of Attorney General Chapter 31 of title 28, United States Code, is amended by adding at the end the following: In the case of any criminal prosecution against the President or a President-elect, irrespective of when the prosecution was initiated, if the Government seeks dismissal of such prosecution, the court shall require the Attorney General to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable. The court shall only grant dismissal under this section if the court determines such dismissal is appropriate and in the interest of justice after having duly considered— the circumstances of the case; the sworn statement required by subsection (a); any evidence in the record or ex curia, which shall be reflected in the order of the court, to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the President or President-elect, as applicable, to act outside of the legal and constitutional authority of the Presidency; and any other factor the court determines is appropriate. Evidence considered under paragraph (1)(C) may include— whether the dismissal was suggested, encouraged, requested, or ordered by the President or President-elect, as applicable; or whether the Attorney General was, in the opinion of the court, appointed in whole or in part for the willingness of the Attorney General to dismiss the prosecution or any other criminal prosecution against the President or President-elect, as applicable. Any action seeking dismissal under this section shall be heard by a three-judge court convened pursuant to section 2284. If the court, in making a determination under subsection (b), additionally determines that the motion to dismiss was made without good cause, the court may impose sanctions as appropriate. The Inspector General of the Department of Justice, upon having a good-faith basis to conclude that a motion to dismiss a prosecution against the President or President-elect, as applicable, was brought at the direction of the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable, shall immediately report such findings to Congress. If a court grants a dismissal under this section, the Attorney General shall— preserve any materials obtained or prepared by the Department of Justice until the date on which the applicable limitations period expires; and submit to the Inspector General of the Department of Justice and to Congress the materials described in paragraph (1). The table of sections for chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E.Presidential oversight of Attorney General(a)CertificationIn the case of any criminal prosecution against the President or a President-elect, irrespective of when the prosecution was initiated, if the Government seeks dismissal of such prosecution, the court shall require the Attorney General to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable.(b)Considerations(1)In generalThe court shall only grant dismissal under this section if the court determines such dismissal is appropriate and in the interest of justice after having duly considered—(A)the circumstances of the case;(B)the sworn statement required by subsection (a);(C)any evidence in the record or ex curia, which shall be reflected in the order of the court, to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the President or President-elect, as applicable, to act outside of the legal and constitutional authority of the Presidency; and(D)any other factor the court determines is appropriate.(2)Evidentiary considerationsEvidence considered under paragraph (1)(C) may include—(A)whether the dismissal was suggested, encouraged, requested, or ordered by the President or President-elect, as applicable; or(B)whether the Attorney General was, in the opinion of the court, appointed in whole or in part for the willingness of the Attorney General to dismiss the prosecution or any other criminal prosecution against the President or President-elect, as applicable.(c)Three-Judge courtAny action seeking dismissal under this section shall be heard by a three-judge court convened pursuant to section 2284.(d)SanctionsIf the court, in making a determination under subsection (b), additionally determines that the motion to dismiss was made without good cause, the court may impose sanctions as appropriate.(e)Inspector General responsibilitiesThe Inspector General of the Department of Justice, upon having a good-faith basis to conclude that a motion to dismiss a prosecution against the President or President-elect, as applicable, was brought at the direction of the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable, shall immediately report such findings to Congress.(f)Preservation and submission of materialsIf a court grants a dismissal under this section, the Attorney General shall—(1)preserve any materials obtained or prepared by the Department of Justice until the date on which the applicable limitations period expires; and(2)submit to the Inspector General of the Department of Justice and to Congress the materials described in paragraph (1).. 530E. Presidential oversight of Attorney General..

530E. Presidential oversight of Attorney General In the case of any criminal prosecution against the President or a President-elect, irrespective of when the prosecution was initiated, if the Government seeks dismissal of such prosecution, the court shall require the Attorney General to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable. The court shall only grant dismissal under this section if the court determines such dismissal is appropriate and in the interest of justice after having duly considered— the circumstances of the case; the sworn statement required by subsection (a); any evidence in the record or ex curia, which shall be reflected in the order of the court, to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the President or President-elect, as applicable, to act outside of the legal and constitutional authority of the Presidency; and any other factor the court determines is appropriate. Evidence considered under paragraph (1)(C) may include— whether the dismissal was suggested, encouraged, requested, or ordered by the President or President-elect, as applicable; or whether the Attorney General was, in the opinion of the court, appointed in whole or in part for the willingness of the Attorney General to dismiss the prosecution or any other criminal prosecution against the President or President-elect, as applicable. Any action seeking dismissal under this section shall be heard by a three-judge court convened pursuant to section 2284. If the court, in making a determination under subsection (b), additionally determines that the motion to dismiss was made without good cause, the court may impose sanctions as appropriate. The Inspector General of the Department of Justice, upon having a good-faith basis to conclude that a motion to dismiss a prosecution against the President or President-elect, as applicable, was brought at the direction of the President or President-elect, as applicable, or anyone acting pursuant to the direction of the President or President-elect, as applicable, shall immediately report such findings to Congress. If a court grants a dismissal under this section, the Attorney General shall— preserve any materials obtained or prepared by the Department of Justice until the date on which the applicable limitations period expires; and submit to the Inspector General of the Department of Justice and to Congress the materials described in paragraph (1).

2102. Enforcement of congressional subpoenas Chapter 85 of title 28, United States Code, is amended by inserting after section 1365 the following: 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. In any civil action described in subsection (a), the following rules shall apply: The action may be filed in a United States district court of competent jurisdiction. 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. 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. 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. 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— the President instructed the official not to comply; and 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. 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. 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. 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 with respect to such information. 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. 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. 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(a)Cause of actionThe 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 rulesIn 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 generalThe 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 fundsNo 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 feesIn 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)WaiverAny 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 with respect to such information.(e)Rules of procedureThe 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)DefinitionFor 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.. 1365a. Congressional actions against subpoena recipients..

1365a. Congressional actions against subpoena recipients 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. In any civil action described in subsection (a), the following rules shall apply: The action may be filed in a United States district court of competent jurisdiction. 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. 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. 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. 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— the President instructed the official not to comply; and 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. 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. 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. 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 with respect to such information. 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. 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.

2103. Compliance with congressional subpoenas Chapter 7 of title II of the Revised Statutes (2 U.S.C. 191 et seq.) is amended by adding at the end the following: 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. Unless required by the Constitution of the United States 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. 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: An express assertion and description of the ground asserted for withholding the information. The type of information. The general subject matter. The date, author, and addressee. The relationship of the author and addressee to each other. The custodian of the information. 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. 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. The table of contents for chapter 7 of title II of the Revised Statutes is amended by adding at the end the following: 105.Response to congressional subpoenas(a)Subpoena by congressional committeeAny 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 informationUnless required by the Constitution of the United States 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 withheldIn 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)DefinitionFor 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.. 105. Response to congressional subpoenas..

105. Response to congressional subpoenas 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. Unless required by the Constitution of the United States 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. 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: An express assertion and description of the ground asserted for withholding the information. The type of information. The general subject matter. The date, author, and addressee. The relationship of the author and addressee to each other. The custodian of the information. 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. 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.

2104. 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.

2105. Enforcement of requests for information from certain committees of Congress Section 2954 of title 5, United States Code, is amended— by striking An Executive and inserting (a) Submitting information.—An Executive; and by adding at the end the following: 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 shall apply to such a request in the same manner as such sections 1365a and 105 apply to a subpoena. (b)Failure To complyFor 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 shall apply to such a request in the same manner as such sections 1365a and 105 apply to a subpoena..

2221. Strengthening congressional control 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: 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— shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013; and 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. 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— to make available all amounts for obligation in sufficient time to be prudently obligated; and 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. 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(a)Special message requirementWith 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 requirementWith 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.. Sec. 1018. Prudent obligation of budget authority and specific requirements for expiring budget authority..

1018. Prudent obligation of budget authority and specific requirements for expiring budget authority 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— shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013; and 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. 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— to make available all amounts for obligation in sufficient time to be prudently obligated; and 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.

2222. Strengthening congressional review Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.), as amended by section 2221(a), is further amended by adding at the end the following: Each department or agency shall— 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— an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or 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 include in each notification under paragraph (1) information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account. 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 2221(b), is further amended by inserting after the item relating to section 1018 the following: 1019.Reporting on apportionment of appropriations by departments and agenciesEach 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.. Sec. 1019. Reporting on apportionment of appropriations by departments and agencies..

1019. Reporting on apportionment of appropriations by departments and agencies Each department or agency shall— 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— an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or 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 include in each notification under paragraph (1) information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.

2223. Updated authorities for and reporting by the Comptroller General Section 1015 of the Impoundment Control Act of 1974 (2 U.S.C. 686) is amended— in subsection (a), in the matter following paragraph (2), by striking the last sentence; and by adding at the end the following: The Comptroller General shall— review compliance with this part; and 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 Government 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. 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. 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. Section 1001 of the Impoundment Control Act of 1974 (2 U.S.C. 681) is amended— in paragraph (3), by striking the or at the end of the paragraph; in paragraph (4), by striking the period at the end and inserting ; or; and by adding at the end the following: affecting or limiting in any way the authorities provided to the Comptroller General under chapter 7 of title 31, United States Code. (c)Review(1)In generalThe 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 Government 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 viewsThe 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)AccessTo 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.. (5)affecting or limiting in any way the authorities provided to the Comptroller General under chapter 7 of title 31, United States Code..

2224. 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: 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. 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. 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. 1016.Suits by Comptroller General(a)In generalIf, 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 authorityIn 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)NoticeNo 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..

1016. Suits by Comptroller 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. 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. 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.

2225. Penalties for failure to comply with the Impoundment Control Act of 1974 Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.), as amended by section 2222(a), is further amended by adding at the end the following: 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. 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. 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. 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. 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 2222(b), is further amended by inserting after the item relating to section 1019 the following: 1020.Penalties for failure to comply(a)Administrative disciplineAn 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 generalIn 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)ContentsAny 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 respondIf 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. . Sec. 1020. Penalties for failure to comply..

1020. Penalties for failure to comply 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. 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. 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. 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.

2241. 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: for the budget for each of fiscal years 2027 through 2031, a report— 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 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. (39)for the budget for each of fiscal years 2027 through 2031, 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..

2242. Cancelled balance reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 2241, is further amended by adding at the end the following: for the budget for each of fiscal years 2027 through 2031, a report— identifying cancelled balances (pursuant to section 1552(a)) for the preceding 3 fiscal years by agency and Treasury Appropriation Fund Symbol or fund account; 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 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— 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 no disbursement has been made against the appropriation— in the prior year and the preceding fiscal year; or in the prior year and which the budget estimates zero disbursements in the current year. (40)for the budget for each of fiscal years 2027 through 2031, 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..

2243. Lapse in appropriations—reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 2242, is further amended by adding at the end the following: a report— 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 with respect to any such obligation or expenditure, providing— the amount so obligated or expended; the account affected; 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 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. (41)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..

2244. Transfer and other repurposing authority reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 2243, is further amended by adding at the end the following: for the budget for fiscal year 2027, a report— identifying any transfer authority or other authority to repurpose appropriations provided in a law other than an appropriation act; and 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. (42)for the budget for fiscal year 2027, 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..

2251. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following: 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. If an agency fails to provide the requested information, documentation, or views within the time required by subsection (a)— the Comptroller General shall notify, in writing, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and any other appropriate congressional committee of such failure; 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 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. 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. 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(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 Government Reform 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.. 722. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions..

722. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions 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. If an agency fails to provide the requested information, documentation, or views within the time required by subsection (a)— the Comptroller General shall notify, in writing, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and any other appropriate congressional committee of such failure; 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 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. 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.

2252. Reporting requirements for Antideficiency Act violations Section 1351 of title 31, United States Code, is amended— by striking If and inserting (a) If; 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; by striking the Comptroller General and inserting the Comptroller General and the Attorney General; and by adding at the end the following: 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. Section 1517 of title 31, United States Code, is amended— in subsection (b)— 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 by striking the Comptroller General and inserting the Comptroller General and the Attorney General; and by adding at the end the following: 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. (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.. (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..

2253. Department of Justice reporting to Congress for Antideficiency Act violations Section 1350 of title 31, United States Code, is amended— by striking An officer and inserting (a) An officer; and by adding at the end the following: 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. 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— the number of reports under section 1351 transmitted to the President during the preceding calendar year; the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year; 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 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. Section 1519 of title 31, United States Code, is amended— by striking An officer and inserting (a) An officer; and by adding at the end the following: 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. 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— the number of reports under section 1517(b) transmitted to the President during the preceding calendar year; the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year; 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 without identification of any individual officer or employee, an explanation of any update to the status of any review or investigation previously reported pursuant to this subsection. (b)(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)(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..

2254. Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel 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— 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; not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; 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; 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 not later than 4 years after the date of enactment of this Act for all other opinions. A final OLC opinion or part thereof may be withheld only to the extent— information contained in the opinion was— specifically authorized to be kept secret, under criteria established by an Executive order, in the interest of national defense or foreign policy; properly classified, including all procedural and marking requirements, pursuant to such Executive order; the Attorney General determines that the national defense or foreign policy interests protected outweigh the public’s interest in access to the information; and put through declassification review within the past two years; information contained in the opinion relates to the appointment of a specific individual not confirmed to Federal office; 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— requires that the material be withheld in such a manner as to leave no discretion on the issue; or establishes particular criteria for withholding or refers to particular types of material to be withheld; 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; 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 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. 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— in writing; made available to the public within the same timeframe as is required of a formal OLC opinion; sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. 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. 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. 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. 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. 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— with respect to each opinion— 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; provides the public the ability to retrieve an opinion, to the extent practicable, through searches based on— the title of the opinion; the date of publication or revision; or the full text of the opinion; identifies the time and date when the opinion was required to be published, and when the opinion was transmitted for publication; and provides a permanent means of accessing the opinion electronically; includes a means for bulk download of all final OLC opinions or a selection of opinions retrieved using a text-based search; 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 is capable of being upgraded as necessary to carry out the purposes of this section. In this section: 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— subtitle II, III, V, or VI of title 31, United States Code; the Balanced Budget and Emergency Deficit Control Act of 1985; the Congressional Budget and Impoundment Control Act of 1974; or any appropriations Act, continuing resolution, or other provision of law providing or governing appropriations or budget authority. The term final OLC opinion means an OLC opinion that— 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 is cited in another Office of Legal Counsel opinion.

2261. Improving checks and balances on the use of the National Emergencies Act 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: 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. 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— a proclamation declaring a national emergency under subsection (a); or one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. 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. 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. No law enacted after the date of the enactment of the Protecting Our Democracy 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. 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. 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. 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. 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— the proclamation of the national emergency or the Executive order; and the exercise of the power or authority specified by the President in such proclamation or Executive order. 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— the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and 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. Any national emergency declared by the President under section 201(a) shall terminate on the earliest of— the date provided for in subsection (a); the date provided for in subsection (b); the date specified in an Act of Congress, including a joint resolution of termination under section 203, terminating the emergency; or the date specified in a proclamation of the President terminating the emergency. Effective on the date of the termination of a national emergency under paragraph (1)— any powers or authorities exercised by reason of the emergency shall cease to be exercised; 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 any contracts entered into under any provision of law relating to the emergency shall be terminated. 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: A provision approving one or more— proclamations declaring national emergencies under section 201(a); Executive orders issued under section 201(b)(2); or Executive orders issued under section 202(b). 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. In this section, the term joint resolution of termination means a resolution introduced in the House or Senate to terminate— a national emergency declared under section 201; or the exercise of any authorities pursuant to that emergency. 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. In the Senate, the following shall apply: A joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees. 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. 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. 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. No amendments shall be in order with respect to a joint resolution of approval or joint resolution of termination in the Senate. A motion to reconsider a vote on passage of a joint resolution of approval or joint resolution of termination shall not be in order. Points of order and appeals from the decision of the Presiding Officer shall be decided without debate. In the House of Representatives, the following shall apply: 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. 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. 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. 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. 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: The joint resolution of approval or joint resolution of termination of the other House shall not be referred to a committee. With respect to a joint resolution of approval or joint resolution of termination of the House receiving the joint resolution— 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 the vote on passage shall be on the joint resolution of approval or joint resolution of termination of the other House. 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. 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. 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. 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. 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. This section is enacted by Congress— 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 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. Section 401 of the National Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the following: 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: 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. 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. 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. 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. The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. 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. Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended— by redesignating subsection (c) as subsection (d); and by inserting after subsection (b) the following: 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. The limitation under paragraph (1) does not prohibit the President from excluding all articles imported from a country from entering the United States. Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed. 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. 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). 201.Declarations of national emergencies(a)Authority To declare national emergenciesWith 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 reportingNo 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 declarationsIf 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 authoritiesIf 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 lawsNo law enacted after the date of the enactment of the Protecting Our Democracy 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 generalAny 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 withheldNo 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.202.Effective periods of national emergencies(a)Temporary effective periods(1)In generalUnless 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 authoritiesUnless 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 emergenciesA 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 generalAny 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 terminationEffective 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.203.Review by Congress of national emergencies(a)Joint resolution of approval definedIn 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 definedIn 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)IntroductionAfter 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 SenateIn the Senate, the following shall apply:(A)Committee referralA joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees.(B)Reporting and dischargeIf 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 considerationNotwithstanding 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 considerationThere 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)AmendmentsNo 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 passageA motion to reconsider a vote on passage of a joint resolution of approval or joint resolution of termination shall not be in order.(G)AppealsPoints of order and appeals from the decision of the Presiding Officer shall be decided without debate.(3)Consideration in House of RepresentativesIn the House of Representatives, the following shall apply:(A)Reporting and dischargeIf 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 considerationBeginning 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)MotionA 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)ConsiderationThe 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 generalIf, 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 houseIf 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 measuresThe 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 messageDebate 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 constructionThe 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 SenateThis 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.. (d)Report on emergenciesThe 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 congressThe 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 emergenciesIf 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)(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..

201. Declarations of 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. 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— a proclamation declaring a national emergency under subsection (a); or one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. 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. 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. No law enacted after the date of the enactment of the Protecting Our Democracy 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. 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. 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.

202. Effective periods of national emergencies 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. 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— the proclamation of the national emergency or the Executive order; and the exercise of the power or authority specified by the President in such proclamation or Executive order. 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— the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and 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. Any national emergency declared by the President under section 201(a) shall terminate on the earliest of— the date provided for in subsection (a); the date provided for in subsection (b); the date specified in an Act of Congress, including a joint resolution of termination under section 203, terminating the emergency; or the date specified in a proclamation of the President terminating the emergency. Effective on the date of the termination of a national emergency under paragraph (1)— any powers or authorities exercised by reason of the emergency shall cease to be exercised; 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 any contracts entered into under any provision of law relating to the emergency shall be terminated.

203. Review by Congress of national emergencies 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: A provision approving one or more— proclamations declaring national emergencies under section 201(a); Executive orders issued under section 201(b)(2); or Executive orders issued under section 202(b). 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. In this section, the term joint resolution of termination means a resolution introduced in the House or Senate to terminate— a national emergency declared under section 201; or the exercise of any authorities pursuant to that emergency. 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. In the Senate, the following shall apply: A joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees. 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. 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. 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. No amendments shall be in order with respect to a joint resolution of approval or joint resolution of termination in the Senate. A motion to reconsider a vote on passage of a joint resolution of approval or joint resolution of termination shall not be in order. Points of order and appeals from the decision of the Presiding Officer shall be decided without debate. In the House of Representatives, the following shall apply: 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. 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. 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. 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. 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: The joint resolution of approval or joint resolution of termination of the other House shall not be referred to a committee. With respect to a joint resolution of approval or joint resolution of termination of the House receiving the joint resolution— 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 the vote on passage shall be on the joint resolution of approval or joint resolution of termination of the other House. 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. 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. 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. 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. 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. This section is enacted by Congress— 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 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.

2262. National Emergencies Act declaration spending reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 2244, is further amended by adding at the end the following: 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. 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— a description of each such program, project, and activity; the authorities under which such funding actions are taken; and the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency. Such report shall include, with respect to any transfer, reprogramming, or repurposing of funds to address the applicable national emergency— the amount of such transfer, reprogramming, or repurposing; the authority authorizing each such transfer, reprogramming, or repurposing; and a description of programs, projects, and activities affected by such transfer, reprogramming, or repurposing, including by a reduction in funding. (43)(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..

2263. Disclosure to Congress of presidential emergency action documents 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. 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. In this section: The term appropriate congressional committees, with respect to a presidential emergency action document submitted under subsection (a) or (b), means— the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; the Committee on Oversight and Government Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and any other committee of the Senate or the House of Representatives with jurisdiction over the subject matter addressed in the presidential emergency action document. The term presidential emergency action document refers to— 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 any other precoordinated legal document in existence before, on, or after the date of the enactment of this Act, that— is designated as a presidential emergency action document; or is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes.

2302. Definitions In this title: The term communications log means the log required to be maintained under section 2303(a). 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). The term covered communication does not include a communication that is any of the following: 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: The President, the Vice President, a President-elect, a Vice President-elect, a former President, a former Vice President, or a member of the immediate family of the President or Vice President. 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. 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. 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: The President, the Vice President, a President-elect, a Vice President-elect, a former President, a former Vice President, or a member of the immediate family of the President or Vice President. 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. 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. 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. 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. 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. The term immediate family of the President or Vice President means the persons to whom the President or Vice President— is related by blood, marriage, or adoption; or stands in loco parentis. The term President-elect means any person who is an apparent successful candidate for the office of President, as determined under section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88–277) and has not yet assumed the office of President. The term Vice President-elect means any person who is an apparent successful candidate for the office of Vice President, as determined under section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88–277) and has not yet assumed the office of Vice President.

2303. Communications logs The Attorney General shall maintain a log of covered communications. A communications log shall include, with respect to a covered communication— 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; the topic of the covered communication; and a statement describing the purpose and necessity of the covered communication. 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. The Office of the Inspector General of the Department of Justice shall— review each communications log received under paragraph (1); and 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— is inappropriate from a law enforcement perspective; or raises concerns about improper political interference. 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.

2304. Rule of construction Nothing in this title may be construed to affect any requirement to report pursuant to title XI of this Act or the amendments made by that title.

2421. Additional whistleblower protections Section 2302(a)(2)(A) of title 5, United States Code, is amended— in clause (xi), by striking and at the end; by redesignating clause (xii) as clause (xiii); and by inserting after clause (xi) the following: for purposes of subsection (b)(8)— 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 a referral to an Inspector General of an entity of the Government, except for a referral that is ministerial or nondiscretionary; and 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 that paragraph, on or after the date of enactment of this Act. Section 2302(b)(9) of title 5, United States Code, is amended— in subparagraph (C), by striking or at the end; in subparagraph (D), by adding or after the semicolon at the end; and by adding at the end the following: the exercise of any right protected under section 7211; 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. Section 2302 of title 5, United States Code, is amended by adding at the end the following: 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— the other employee provides express written consent before the communication or transmission of the identity or personally identifiable information of that other employee; the communication or transmission is made in accordance with the provisions of section 552a; 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 the communication or transmission is required or permitted by any other provision of law. In this subsection, the term officer or employee of the Government means— the President; a Member of Congress; a member of the uniformed services; 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 any other officer or employee in any branch of the Government of the United States. 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. Section 7211 of title 5, United States Code, is amended to read as follows: Each officer or employee of the Federal Government, individually or collectively, has a right to— petition Congress or a Member of Congress; furnish information, documents, or testimony to either House of Congress, any Member of Congress, or any committee or subcommittee of Congress; or respond to any request for information, documents, or testimony from either House of Congress or any Committee or subcommittee of Congress. No officer or employee of the Federal Government may interfere with or deny the right under subsection (a), including by— 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 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). This section shall not be construed to authorize disclosure of any information that is— specifically prohibited from disclosure by any other provision of Federal law; or 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. For purposes of this section, the term officer or employee of the Federal Government includes— the President; a Member of Congress; a member of the uniformed services; an employee (as that term is defined in section 2105); an employee of the United States Postal Service or the Postal Regulatory Commission; and an employee appointed under chapter 73 or 74 of title 38. 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: (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. (E)the exercise of any right protected under section 7211;. (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 before the communication or transmission of the identity or personally identifiable information of that other employee;(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.. 7211.Employees’ right to petition or furnish information or respond to Congress(a)In generalEach 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 actionsNo officer or employee of the Federal Government may interfere with or deny the right under 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)ApplicationThis 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 governmentFor 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.. 7211. Employees’ right to petition or furnish information or respond to Congress..

7211. Employees’ right to petition or furnish information or respond to Congress Each officer or employee of the Federal Government, individually or collectively, has a right to— petition Congress or a Member of Congress; furnish information, documents, or testimony to either House of Congress, any Member of Congress, or any committee or subcommittee of Congress; or respond to any request for information, documents, or testimony from either House of Congress or any Committee or subcommittee of Congress. No officer or employee of the Federal Government may interfere with or deny the right under subsection (a), including by— 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 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). This section shall not be construed to authorize disclosure of any information that is— specifically prohibited from disclosure by any other provision of Federal law; or 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. For purposes of this section, the term officer or employee of the Federal Government includes— the President; a Member of Congress; a member of the uniformed services; an employee (as that term is defined in section 2105); an employee of the United States Postal Service or the Postal Regulatory Commission; and an employee appointed under chapter 73 or 74 of title 38.

2422. Enhancement of whistleblower protections Section 1213(c) of title 5, United States Code, is amended by adding at the end the following: 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. Section 1214(d) of title 5, United States Code, is amended by adding at the end the following: 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. 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 that term 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),. Section 1221(c)(2) of title 5, United States Code, is amended to read as follows: Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board— determines that there is a substantial likelihood that protected activity was a contributing factor to the personnel action involved; or otherwise determines that such a stay would be appropriate. Section 1221(c) of title 5, United States Code, is amended by adding at the end the following: 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. Section 1221(i) of title 5, United States Code, is amended— by striking (i) Subsections and inserting (i)(1) Subsections; and by adding at the end the following: 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. 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. In any such action brought before a United States district court under subparagraph (A), the court— shall apply the standards set forth in subsection (e); and may award any relief that the court considers appropriate, including any relief described in subsection (g). 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. 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— 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 brings such action not later than 20 days after providing such notice. 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. Section 7703(a) of title 5, United States Code, is amended by adding at the end the following: 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. 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 court of the United States 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 7703 before the date of enactment of this Act with respect to which the applicable court has not issued a final decision. Section 2302(a)(2)(A) of title 5, United States Code, is amended, in the matter following clause (xiii), as so redesignated by this title— by inserting subsection (b)(9)(A)(i), (B), (C), (D), or (E), subsection (b)(13), or subsection (g), after subsection (b)(8),; and 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. Section 261 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071) is amended— in subsection (a)— by striking paragraph (8); and by redesignating paragraphs (9) through (26) as paragraphs (8) through (25), respectively; and in subsection (b), by striking the second sentence. 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. 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. 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. 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. 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 that section before the date of enactment of this Act with respect to which the Board has not issued a final decision. (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.. (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.. (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.. (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.. (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).. (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..

2424. Codification of protections for disclosures of censorship related to research, analysis, or technical information Section 2302 of title 5, United States Code, as amended by this title, is further amended by adding at the end the following: In this subsection— the term applicant means an applicant for a covered position; the term censorship related to research, analysis, or technical information means any effort to distort, misrepresent, or suppress research, analysis, or technical information; and the term employee means an employee in a covered position in an agency. Any disclosure of information by an employee or applicant that the employee or applicant reasonably believes is evidence of censorship related to research, analysis, or technical information— shall come within the protections of subsection (b)(8)(A) if— the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause— any violation of law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and the disclosure is not specifically prohibited by law or that 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 shall come within the protections of subsection (b)(8)(B) if— the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause— any violation of law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and 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 the disclosure, consistent with the protection of sources and methods. A disclosure shall not be excluded from paragraph (2) for any reason described in paragraph (1) or (2) of subsection (f). 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. Section 110 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is repealed. Nothing in this subsection 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 that section with respect to that action. (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 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)the disclosure is not specifically prohibited by law or that 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 the disclosure, 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..

2441. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding at the end the following new title: In this section, the term whistleblower disclosure information means, with respect to a whistleblower disclosure— the disclosure; confirmation of the fact of the existence of the disclosure; or the identity, or other identifying information, of the whistleblower who made the disclosure. 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— the whistleblower consented, in writing, to such sharing before the sharing occurs; a covered Inspector General to whom such disclosure is made— determines that such sharing is necessary to advance an investigation, audit, inspection, review, or evaluation by the Inspector General; and notifies the whistleblower of such sharing before the sharing occurs; or an attorney for the Federal Government— determines that such sharing is necessary to advance an investigation by the attorney; and notifies the whistleblower of such sharing before the sharing occurs. The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended as follows: Section 1104 (50 U.S.C. 3234) is— transferred to title XII of such Act, as added by subsection (a); inserted before section 1202 of such Act, as added by such subsection; and redesignated as section 1201. Section 1106 (50 U.S.C. 3236) is— amended by striking section 1104 each place it appears and inserting section 1201; transferred to title XII of such Act, as added by subsection (a); inserted after section 1202 of such Act, as added by such subsection; and redesignated as section 1203. The table of sections at the beginning of the National Security Act of 1947 is amended— by striking the items relating to section 1104 and section 1106; and by adding after the items relating to title XI the end the following new items: Section 3 of such Act (50 U.S.C. 3003) is amended by adding at the end the following new paragraphs: The term covered Inspector General means each of the following: The Inspector General of the Intelligence Community. The Inspector General of the Central Intelligence Agency. The Inspector General of the Defense Intelligence Agency. The Inspector General of the National Reconnaissance Office. The Inspector General of the National Geospatial-Intelligence Agency. The Inspector General of the National Security Agency. The term whistleblower means a person who makes a whistleblower disclosure. 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)). 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. XIIMatters regarding Inspectors General of elements of the intelligence community1202.Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints(a)Whistleblower disclosure information definedIn 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 generalIt 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.. Title XII—Matters regarding Inspectors General of elements of the intelligence communitySec. 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.. (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))..

2442. Disclosures to Congress Title XII of the National Security Act of 1947, as added by section 2441, is further amended by inserting after section 1203, as designated by section 2441(b), the following new section: 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. 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— the identity of the whistleblower; or the element at which such whistleblower is employed, detailed, or assigned as a contractor employee. 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. 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). 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 2411(b)(2), the following new item: 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.. 1204.Procedures regarding disclosures to Congress(a)Guidance(1)Obligation to provide security direction upon requestUpon 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)NondisclosureUnless 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 obligationIf 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 officerThe 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).. Sec. 1204. Procedures regarding disclosures to Congress..

1204. Procedures regarding disclosures to Congress 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. 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— the identity of the whistleblower; or the element at which such whistleblower is employed, detailed, or assigned as a contractor employee. 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. 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).

2443. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community Paragraph (3) of subsection (a) of section 1201 of the National Security Act of 1947, as designated by section 2441(b)(1)(A), is amended— in subparagraph (I), by striking ; or and inserting a semicolon; by redesignating subparagraph (J) as subparagraph (K); and by inserting after subparagraph (I) the following new subparagraph: 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 Such subsection is amended by adding at the end the following new paragraph: 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. Subsection (f) of such section is amended to read as follows: Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. 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. (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. (5)EmployeeThe 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.. (f)Enforcement(1)In generalExcept 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 identityIn 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..

2502. Clarification of Federal Vacancies Reform Act of 1998 Section 3345 of title 5, United States Code, is amended— in subsection (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 by striking subparagraph (A) of paragraph (3) and inserting the following: 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 by adding at the end the following: 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. The 30-day service requirement in subsection (a)(1) shall not apply to any individual who is a first assistant if— 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 the Senate has approved the appointment of such individual to such office; or 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)). Section 3345(b) of title 5, United States Code, is amended by adding at the end the following: 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. 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,. Section 3345 of title 5, United States Code, is amended by adding at the end the following: 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. Paragraph (1) may be waived upon mutual agreement of the chairs and ranking members of the committees described in that paragraph. Section 3346 of title 5, United States Code, is amended— in subsection (a), in the matter preceding paragraph (1), by inserting or as provided in subsection (d) after sickness; and by adding at the end the following: 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. Section 3347 of title 5, United States Code, is amended— by redesignating subsection (b) as subsection (c); and by inserting after subsection (a) the following: 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. Section 3349 of title 5, United States Code, is amended— in subsection (a)— by striking immediately upon each place that term appears and inserting not later than 7 days after; in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end and inserting ; and; and by adding at the end the following: 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. 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. Paragraphs (1) and (2) of section 3349(b) of title 5, United States Code, are amended to read as follows: the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; Section 3349a(b) of title 5, United States Code, is amended to read as follows: 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— for no longer than 300 days beginning on such day; or 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. (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; and (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)).. (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.. (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.. (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.. (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.. (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 (1)the Committee on Homeland Security and Governmental Affairs of the Senate;(2)the Committee on Oversight and Government Reform of the House of Representatives;. (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..

2621. Strengthening Hatch Act enforcement and penalties against political appointees Section 1216 of title 5, United States Code, as amended by section 1307 of this Act, is amended— in subsection (c), by striking (1),; and by adding at the end the following: In addition to the authority otherwise provided in this chapter, the Special Counsel— 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 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. 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. 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. 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. The Special Counsel may not present a complaint under paragraph (1) of this subsection— unless no disciplinary action or civil penalty has been taken or assessed, respectively, against the political appointee pursuant to section 7326; and 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. 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. 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— submit the written statement to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives; and publish the written statement on the public website of the Office of Special Counsel. 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— 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 Government Reform of the House of Representatives; and publish the report and the communications described in subparagraph (A) on the public website of the Office of Special Counsel. In this subsection, the term political appointee means any individual, other than the President or the Vice President, employed or holding office— 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 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). 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,. Subchapter III of chapter 73 of title 5, United States Code, is amended by adding at the end the following: 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. 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. 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: 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. (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 Government Reform 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 Government Reform 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 or 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).. 7327.Criminal penalty for Hatch Act violations(a)In generalAny 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 feesA 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.. 7327. Criminal penalty for Hatch Act violations..

7327. Criminal penalty for Hatch Act violations 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. 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.

2623. Disclosure of Hatch Act investigations for certain political employees Section 1216 of title 5, United States Code, as amended by section 2621 of this Act, is amended by adding at the end the following: 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— publish, on the website of the Office of Special Counsel, that determination and a report on that determination; and 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 Government Reform of the House of Representatives. 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): Any position required to be filled by an appointment by the President, by and with the advice and consent of the Senate. 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. Any position in or under the Executive Office of the President. Any position in or under the Office of the Vice President. 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)). (g)(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 Government Reform 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))..

2625. Applying Hatch Act to President and Vice President while on Federal property Subchapter III of chapter 73 of title 5, United States Code, as amended by this Act, is further amended— by redesignating sections 7326 and 7327 as sections 7327 and 7328, respectively; and by inserting after section 7325 the following: 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. The table of sections of subchapter III of chapter 73 of title 5, United States Code, as amended by this Act, 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 White House groundsNotwithstanding 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.. 7326. Limitations on political activity of President and Vice President while on Federal property7327. Penalties7327. Criminal penalty for Hatch Act violations..

2626. Granting the Office of Special Counsel rulemaking authority Notwithstanding any other provision of 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.

2629. GAO review of reimbursable political events 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). The report required under subsection (a) shall include the following: 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). An assessment of what constitutes a political event during the covered period. Whether an event that was not classified as a political event during the covered period should have been classified as such an event. A review of any payment made by a political entity under the terms of the requirements described in paragraph (1). Recommendations for Congress on— a definition for the term political event; how to assess whether presidential administrations are following the requirements described in paragraph (1); and how to hold presidential administrations accountable if the requirements described in paragraph (1) are not followed.

2641. Definitions Subject to subsection (b), in this subtitle: The term Administration means each term of office of the incumbent President serving at the time of the appointment of an appointee. The term appointee— includes each individual appointed— to a full-time, noncareer position by the President or the Vice President; to a position described in sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); to a position as a noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or as a noncareer appointee under another comparable personnel system for senior personnel; or 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 does not include any individual appointed to a position in the Senior Foreign Service or solely as a uniformed service commissioned officer. 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). 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. 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— includes— the Executive Office of the President; the United States Postal Service; and the Postal Regulatory Commission; and does not include the Government Accountability Office. The term former client— means any person for whom an appointee, during the 2-year period before the date of the appointment of the appointee, served personally as an agent, an attorney, or a consultant, except that such service as an agent, an attorney, or a consultant shall not include any instance in which the service provided was limited to speeches or similar appearances; and does not include any clients of the former employer of the appointee to whom the appointee did not personally provide services. The term former employer— 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 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. The term gift— has the meaning given the term in section 2635.203(b) of title 5, Code of Federal Regulations; includes any gift that is solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations; and 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. The term Government official means any employee of the executive branch of the Government. The term lobby means to act or have acted as a registered lobbyist. The term materially assist— means to provide substantive assistance; and does not include— the provision of background or general education on a matter of law or policy based upon the subject matter expertise of an individual; or any conduct or assistance permitted under section 207(j) of title 18, United States Code. The term participate means to participate personally and substantially. 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. 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— the communication applies to a particular matter of general applicability; and participation in the meeting or other event is open to all interested parties. The term pledge means the ethics pledge under section 2642. The term registered lobbyist or lobbying organization means— any lobbyist or an organization required to file a registration pursuant to section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and in the case of an organization required to file such a registration, includes each of the lobbyists of the organization identified therein. The term Senior White House staff means any individual appointed by— the President to a position under subparagraph (A) or (B) of section 105(a)(2) of title 3, United States Code; or the Vice President to a position under subparagraph (A) or (B) of section 106(a)(1) of title 3, United States Code. 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, 2025.

2642. Ethics pledge Each appointee in each Executive agency appointed on or after January 20, 2025, shall sign, and upon signing shall be contractually committed to, an ethics pledge that states the following: I will not accept any gift from any registered lobbyist or lobbying organization for the duration of my service as an appointee. 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. 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— 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; participate in the specific issue area involving the particular matter described in subparagraph (A); or 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. 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. 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— holding myself out as being available to engage in lobbying activities in support of any such communication or appearance; or engaging in any such lobbying activities. 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 noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or engage in any activity on behalf of any foreign government or foreign political party that, if such activity was undertaken on January 20, 2025, 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. I have not accepted and will not accept, including after entering Government service, 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. I agree that any hiring or other employment decisions I make will be based on the qualifications, competence, and experience of the candidate. I acknowledge that subtitle B of title XXVI 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. I recognize that this pledge is part of a broader ethics in Government plan designed to restore and maintain public trust in the Federal 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 banI 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 GovernmentFor 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 GovernmentIf, 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 GovernmentIf, 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 GovernmentIf, 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 lobbyIn 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 noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or engage in any activity on behalf of any foreign government or foreign political party that, if such activity was undertaken on January 20, 2025, 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 banI have not accepted and will not accept, including after entering Government service, 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 commitmentI 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 enforcementI acknowledge that subtitle B of title XXVI 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..

2643. Waivers 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— that the literal application of the restriction is inconsistent with the purposes of the restriction; or that, subject to subsection (c), it is in the public interest to grant the waiver. Any waiver granted under paragraph (1) shall— reflect the basis for the waiver; and 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. 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. 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. 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. 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: 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. The uniqueness of the qualifications of the individual to meet the needs of the Government. 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. 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.

2644. Administration 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— that every appointee in the Executive agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; that compliance with paragraph (3) of the pledge is addressed in a written ethics agreement with each appointee to whom that paragraph applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work; 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 that the Executive agency generally complies with this subtitle. 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. The Director of the Office of Government Ethics shall— 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); in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officials (as defined in section 13101 of title 5, United States Code) in providing advice to current or former appointees regarding the application of the pledge; in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate— to carry out the foregoing responsibilities; 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; 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; 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 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; 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— 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 recommendations relating to both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and provide an annual report on the administration of the pledge and this subtitle. Not later than 180 days after the date of enactment of this Act, 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. The report required under paragraph (1) shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation. Each pledge signed by an appointee, and any waiver granted under section 2643 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.

2645. Enforcement The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States pursuant to this section by any legally available means, including— debarment proceedings within any affected Executive agency; or judicial civil proceedings for declaratory, injunctive, or monetary relief. 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. 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). The Attorney General may— 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 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 district court of the United States with jurisdiction to consider the matter. In any civil action commenced under paragraph (1)(B), the Attorney General may request any and all relief authorized by Federal law, including— 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 the former appointee signed; and 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 the former appointee signed.

2646. General provisions 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. Nothing in this subtitle shall be construed to impair or otherwise affect— the authority granted by Federal law to any Executive agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This subtitle shall be implemented consistent with applicable law and subject to the availability of appropriations. 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.

2701. Presidential and vice presidential tax transparency In this section— The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President. 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— such individual, other than information returns issued to persons other than such individual; or 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). The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. The term Secretary means the Secretary of the Treasury or the delegate of the Secretary. 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. 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. 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. 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. 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). 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: 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 2701(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. Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Upon written request by the chairman of the Federal Election Commission under section 2701(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. The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). 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. Section 6103(p)(4) of such Code is amended— in the matter preceding subparagraph (A) by striking or (22) and inserting (22), or (23); and in subparagraph (F)(ii) by striking or (22) and inserting (22), or (23). The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act. (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 2701(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.. (23)Disclosure of return information of presidents and vice presidents and certain candidates for president and vice president(A)In generalUpon written request by the chairman of the Federal Election Commission under section 2701(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 generalThe chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).(ii)Redaction of certain informationBefore 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..

2802. Office of Inspector General in the Executive Office of the President Section 401 of title 5, United States Code, (commonly referred to as the Inspector General Act of 1978) is amended— in paragraph (1), by striking or the National Reconnaissance Office and inserting the National Reconnaissance Office, or the Executive Office of the President; and in paragraph (3), by striking or the Director of the National Reconnaissance Office and inserting the Director of the National Reconnaissance Office; or the President (with respect to the Executive Office of the President). Not later than 120 days after the date of enactment of this Act, the President shall appoint an individual as the Inspector General of the Executive Office of the President in accordance with the requirements of section 403(a) of title 5, United States Code. Chapter 4 of title 5, United States Code, is amended by inserting after section 424 the following: Notwithstanding the last 2 sentences of section 403(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following: The identity of a confidential source, including a protected witness. An intelligence or counterintelligence matter. An undercover operation. With respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1). If the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power. Not later than 30 days after receiving a notice under subparagraph (A), the Inspector General of the Executive Office of the President shall transmit a copy of the notice to the chair and ranking member of each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following: With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. A certification of whether the Inspector General of the Executive Office of the President has had full and direct access to all information relevant to the performance of the functions of the Inspector General. A description of any audit, inspection, or evaluation occurring during the reporting period in which the Inspector General of the Executive Office of the President could not obtain relevant information due to an exercise of power by the President under subsection (a)(2). Such recommendations as the Inspector General of the Executive Office of the President considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the President, and the detection and elimination of fraud, waste, and abuse in such programs and operations. Notwithstanding section 405(c), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 405(b), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year. Not later than 30 days after submitting the semiannual report to the President under paragraph (2), the Inspector General of the Executive Office of the President shall transmit the semiannual report to the chair and ranking member of each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Not later than 120 days after the President appoints an individual as the Inspector General of the Executive Office of the President, and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall conduct an audit of the Office of the Inspector General of the Executive Office of the President to ensure that the office is able to effectively provide oversight of the Executive Office of the President. Not later than October 31 after the first audit is completed under paragraph (1), and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall submit to Congress a report on the findings of the audit. Chapter 4 of title 5, United States Code, is amended— in section 415(a)(2)— by striking subparagraph (C); and by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; and in section 418, by striking or 421 and inserting , 421, or 425. The table of sections for chapter 4 of title 5, United States Code, is amended by adding at the end the following: The Inspector General of the Executive Office of the President, in consultation with the Information Security Oversight Office of the National Archives and Records Administration, shall carry out 2 evaluations of the Executive Office of the President— to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within the Executive Office of the President; and to identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material within the Executive Office of the President. The first evaluation required under paragraph (1) shall be completed not later than 1 year after the date of enactment of this Act. The second evaluation required under paragraph (1) shall review progress made pursuant to the results of the first evaluation and shall be completed not later than 1 year after the date on which the first evaluation is completed. The Inspector General of the Executive Office of the President shall coordinate with other Inspectors General and the Information Security Oversight Office to ensure that evaluations follow a consistent methodology, as appropriate, that allows for cross-agency comparisons. Not later than 45 days after the completion of an evaluation, the Inspector General of the Executive Office of the President shall submit to the appropriate entities a report on that evaluation. Each report submitted under subparagraph (A) shall include a description of— the policies, procedures, rules, regulations, or management practices, if any, identified by the Inspector General under paragraph (1)(B); and the recommendations, if any, of the Inspector General to address any such identified policies, procedures, rules, regulations, or management practices. In this subsection, the term appropriate entities means each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. The President. The Director of the Information Security Oversight Office. 425.Special provisions concerning the Executive Office of the President(a)Audits, investigations, and issuance of subpoenas(1)Authority, direction, and controlNotwithstanding the last 2 sentences of section 403(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following:(A)The identity of a confidential source, including a protected witness.(B)An intelligence or counterintelligence matter.(C)An undercover operation.(2)Prohibition in certain situationsWith respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1).(3)Notice after prohibition(A)To Inspector GeneralIf the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power.(B)To CongressNot later than 30 days after receiving a notice under subparagraph (A), the Inspector General of the Executive Office of the President shall transmit a copy of the notice to the chair and ranking member of each of the following:(i)The Committee on Homeland Security and Governmental Affairs of the Senate.(ii)The Committee on the Judiciary of the Senate.(iii)The Committee on Oversight and Government Reform of the House of Representatives.(iv)The Committee on the Judiciary of the House of Representatives.(v)Any other appropriate committee or subcommittee of Congress.(b)Semiannual reports(1)Additional information to be includedAny semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following:(A)With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action.(B)A certification of whether the Inspector General of the Executive Office of the President has had full and direct access to all information relevant to the performance of the functions of the Inspector General.(C)A description of any audit, inspection, or evaluation occurring during the reporting period in which the Inspector General of the Executive Office of the President could not obtain relevant information due to an exercise of power by the President under subsection (a)(2).(D)Such recommendations as the Inspector General of the Executive Office of the President considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the President, and the detection and elimination of fraud, waste, and abuse in such programs and operations.(2)Submission to PresidentNotwithstanding section 405(c), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 405(b), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year.(3)Transmission to CongressNot later than 30 days after submitting the semiannual report to the President under paragraph (2), the Inspector General of the Executive Office of the President shall transmit the semiannual report to the chair and ranking member of each of the following:(A)The Committee on Homeland Security and Governmental Affairs of the Senate.(B)The Committee on the Judiciary of the Senate.(C)The Committee on Oversight and Government Reform of the House of Representatives.(D)The Committee on the Judiciary of the House of Representatives.(c)Audit of the Office of the Inspector General of the Executive Office of the President (1)In generalNot later than 120 days after the President appoints an individual as the Inspector General of the Executive Office of the President, and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall conduct an audit of the Office of the Inspector General of the Executive Office of the President to ensure that the office is able to effectively provide oversight of the Executive Office of the President.(2)ReportNot later than October 31 after the first audit is completed under paragraph (1), and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall submit to Congress a report on the findings of the audit.. 425. Special provisions concerning the Executive Office of the President..

425. Special provisions concerning the Executive Office of the President Notwithstanding the last 2 sentences of section 403(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following: The identity of a confidential source, including a protected witness. An intelligence or counterintelligence matter. An undercover operation. With respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1). If the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power. Not later than 30 days after receiving a notice under subparagraph (A), the Inspector General of the Executive Office of the President shall transmit a copy of the notice to the chair and ranking member of each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Any other appropriate committee or subcommittee of Congress. Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following: With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. A certification of whether the Inspector General of the Executive Office of the President has had full and direct access to all information relevant to the performance of the functions of the Inspector General. A description of any audit, inspection, or evaluation occurring during the reporting period in which the Inspector General of the Executive Office of the President could not obtain relevant information due to an exercise of power by the President under subsection (a)(2). Such recommendations as the Inspector General of the Executive Office of the President considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the President, and the detection and elimination of fraud, waste, and abuse in such programs and operations. Notwithstanding section 405(c), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 405(b), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year. Not later than 30 days after submitting the semiannual report to the President under paragraph (2), the Inspector General of the Executive Office of the President shall transmit the semiannual report to the chair and ranking member of each of the following: The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. Not later than 120 days after the President appoints an individual as the Inspector General of the Executive Office of the President, and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall conduct an audit of the Office of the Inspector General of the Executive Office of the President to ensure that the office is able to effectively provide oversight of the Executive Office of the President. Not later than October 31 after the first audit is completed under paragraph (1), and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall submit to Congress a report on the findings of the audit.

3101. Federal campaign reporting of foreign contacts Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 1309, is amended by adding at the end the following new subsection: 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. Not later than 3 days after a reportable foreign contact— 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 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. In this subsection: The term reportable foreign contact means any direct or indirect contact or communication that— is between— a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or 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. 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. 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. 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. In this paragraph, the term covered foreign national means— 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; 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 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). 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). In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling. 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. Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended— by striking and at the end of paragraph (7); by striking the period at the end of paragraph (8) and inserting ; and; and by adding at the end the following new paragraph: for any reportable foreign contact (as defined in subsection (i)(3))— the date, time, and location of the contact; the date and time of when a designated official of the committee was notified of the contact; the identity of individuals involved; and 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. 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. (i)Disclosure of reportable foreign contacts(1)Committee obligation to notifyNot 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 notifyNot 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 contactIn this subsection:(A)In generalThe 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 officialThe 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 observersThe 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 disbursementsA 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 generalIn 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 statesIn 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 memberIn this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.. (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..

3102. Federal campaign foreign contact reporting compliance system 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: 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. 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. 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— the committee has in place policies that meet the requirements of paragraphs (1) and (2); the committee has designated an official to monitor compliance with such policies; and 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— receive notice of such policies; be informed of the prohibitions under section 319; and sign a certification affirming their understanding of such policies and prohibitions. With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A). 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. 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)). (j)Reportable foreign contacts compliance policy(1)ReportingEach 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 recordsEach 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 generalUpon 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 committeesWith respect to an authorized committee, the candidate shall make the certification required under subparagraph (A)..

3103. 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: 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. 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. (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..

3104. Report to congressional intelligence committees 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 3101(a) of this Act). Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): The number of such notifications received from political committees during the year covered by the report. A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. 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. 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).

3105. Rule of construction Nothing in this title or the amendments made by this title shall be construed— to impede legitimate journalistic activities; or to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who— resides in the United States; 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 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)).

3201. Clarification of application of foreign money ban 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: 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. Section 319(a) of such Act (52 U.S.C. 30121(a)) is amended— in paragraph (1)(A), by striking promise to make a contribution or donation and inserting promise to make such a contribution or donation; 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 by amending paragraph (2) to read as follows: 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. Section 309(d)(1) of such Act (52 U.S.C. 30109(d)(1)), as amended by section 3103, is further amended by adding at the end the following new subparagraph: 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. 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). The amendment made by paragraph (1) shall apply with respect to violations committed on or after the date of the enactment of this Act. (c)Clarification of treatment of provision of certain information as contribution or donation of a thing of valueFor 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.. (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.. (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)..

3202. Requiring acknowledgment of foreign money ban by political committees 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: 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. 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. The certification required under subparagraph (A) shall be signed— in the case of an authorized committee of a candidate, by the candidate; or in the case of any other political committee, by the treasurer of the committee. 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. 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)). 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)). (e)Acknowledgment of foreign money ban(1)Notification by commissionNot 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 generalNot 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 signatureThe 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..

3302. Expansion of definition of public communication 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. Section 301 of such Act (52 U.S.C. 30101) is amended— 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 in paragraph (9)(B)— by amending clause (i) to read as follows: 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; 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. Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended— 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 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. 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). 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. (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

3303. Expansion of definition of electioneering communication 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. 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: 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)). 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. Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: 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; The amendments made by this section shall apply with respect to communications made on or after the date of 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. (D)Qualified internet or digital communicationThe 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)).. (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;.

3304. Application of disclaimer statements to online communications Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended— 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 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.. Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: 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— state the name of the person who paid for the communication; and 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. A statement in a 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: In the case of a text or graphic communication, the statement— appears in letters at least as large as the majority of the text in the communication; and meets the requirements of paragraphs (2) and (3) of subsection (c). 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. In the case of a video communication which also includes audio, the statement— is included at either the beginning or the end of the communication; and is made both in— a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and an audible format that meets the requirements of subparagraph (B). 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). 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). Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended— in paragraph (1)(A)— by striking which is transmitted through radio and inserting which is in an audio format; and by striking By radio in the heading and inserting Audio format; in paragraph (1)(B)— by striking which is transmitted through television and inserting which is in video format; and by striking By television in the heading and inserting Video format; and in paragraph (2)— by striking transmitted through radio or television and inserting made in audio or video format; and by striking through television in the second sentence and inserting in video format. 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. (e)Special rules for qualified internet or digital communications(1)Special rules with respect to statementsIn 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 mannerA statement in a 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 communicationsIn 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 communicationsIn 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 communicationsIn 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 communicationsIn 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)..

3305. Political record requirements for online platforms Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by sections 1309 and 3101, is amended by adding at the end the following new subsection: 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. An online platform that displays a qualified political advertisement sold by a third-party advertising vendor shall include on its own platform— 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 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. 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). A record maintained under paragraph (1)(A) shall contain— a digital copy of the qualified political advertisement; 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 information regarding— the total cost of the advertisement (which may be rounded to the nearest $100); 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); 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 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. 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— sells qualified political advertisements; and has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or 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). Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. 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. 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— is made by or on behalf of a candidate; or communicates a message relating to any political matter of national importance, including— a candidate; any election to Federal office; or a national legislative issue of public importance. 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. 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. 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. 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). Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— 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)); 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 establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. 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— 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); recommendations for any modifications to such section to assist in carrying out its purposes; and identifying ways to bring transparency and accountability to political advertisements distributed online for free. (j)Disclosure of certain online advertisements(1)In general(A)Requirements for online platforms(i)In generalAn 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 vendorsAn 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 advertisersAny 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 recordA 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 generalFor 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)ExemptionSuch 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 definedFor 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 advertisementFor 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 fileThe 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 ruleFor 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)PenaltiesFor 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..

3306. 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 3201, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: 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. 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). (b)Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms(1)In generalEach 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)RegulationsNot 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)..

3307. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by sections 1309, 3101, and 3305(a), is amended by adding at the end the following new subsection: Any online platform that displays a qualified political advertisement (regardless of whether such qualified political advertisement was purchased directly from the online platform) shall— 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 ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. 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— the person placing the online advertisement designated the person displayed in the advertisement as the sponsor; and the online platform relied on such designation in good faith. In this subsection— the term online platform has the meaning given such term in subsection (j)(3); the term ‘qualified political advertisement has the meaning given such term in subsection (j)(4); and the term sponsor means the person purchasing the advertisement. 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. (k)Ensuring display and sharing of sponsor identification in online political advertisements(1)RequirementAny 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 harborAn 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)DefinitionsIn 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..

3501. Prohibition on use of Federal property for political conventions Chapter 29 of title 18, United States Code, is amended by inserting after section 611 the following: 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. 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. 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). The table of sections for such chapter is amended by inserting after the item relating to section 611 the following: This section and the amendments made by this section 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. Nothing in this section or the amendments made by this section 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. 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).. 612. Prohibition on use of Federal property for certain political activities..

612. Prohibition on use of federal property for certain political activities 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. 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. 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).

3502. Improving access to influential visitor access records In this section: The term covered location means— the White House; the residence of the Vice President; and any other location at which the President or the Vice President regularly conducts official business. The term covered records means information relating to a visit at a covered location, which shall include— the name of each visitor at the covered location; the name of each individual with whom each visitor described in subparagraph (A) met at the covered location; and the purpose of the visit. 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. The President shall not include in the database established under subsection (b) any covered record— the posting of which would implicate personal privacy or law enforcement concerns or threaten national security; relating to a purely personal guest at a covered location; or 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. With respect to a particularly sensitive meeting at a covered location, the President shall— include the number of visitors at the covered location in the database established under subsection (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 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).

3601. Short title This title may be cited as the No Corporate Crooks Act.

3602. Restriction on service in the executive branch Any individual who is finally convicted of a covered crime for which any portion of the conduct constituting the covered crime was committed while the individual was serving or employed as the chief executive officer of any public or private non-Federal entity, without regard to whether the conduct was committed in the course of the official duties of the individual as chief executive officer, shall be ineligible for appointment to a position in the executive branch of the Federal Government. In this subsection, the term covered crime means any of the following: Any corruption-related offense under Federal law, which includes the following: Bribery, which includes a violation of section 201 or 666 of title 18, United States Code. Copyright infringement, which includes a violation of chapter 5 of title 17, United States Code. Cybercrime, which includes a violation of section 1030 of title 18, United States Code. Embezzlement, which includes a violation of chapter 31 of title 18, United States Code. Fraud, which includes a violation of chapter 63 of title 18, United States Code. Insider trading, which includes a violation of section 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78j). Wage theft, which includes a violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Tax evasion, which includes a violation of section 7201 of the Internal Revenue Code of 1986. Any offense under the law of a State that is comparable to an offense under Federal law described in subparagraph (A). Any individual serving in a position in the executive branch of the Federal Government on the date of enactment of this Act who would not be eligible for appointment to such a position under subsection (a) shall removed from service or employment in the executive branch of the Federal Government.

3702. Recusal of executive branch officers and employees in matters affecting financial interests of previous employers Section 208(a) of title 18, United States Code, is amended by inserting after organization in which he is serving as officer, director, trustee, general partner or employee, the following: organization for which he, during the 4-year period preceding such participation, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, or direct competitor, organization (other than a political organization, as defined in section 527(e) of the Internal Revenue Code of 1986) in which he is an active participant,.

3802. Clarification of definition of official act Section 201(a)(3) of title 18, United States Code, is amended to read as follows: the term official act means any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official’s official capacity or in such official’s place of trust or profit, including any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve; and for purposes of subparagraph (A), an official act— may be comprised of a single act, more than one act, or a course of conduct to effect the official act; and may occur whether or not it successfully achieves a desired outcome. (3)(A)the term official act means any act within the range of official duty, and any decision, recommendation, or action on any question, matter, cause, suit, proceeding, or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official’s official capacity or in such official’s place of trust or profit, including any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve; and(B)for purposes of subparagraph (A), an official act—(i)may be comprised of a single act, more than one act, or a course of conduct to effect the official act; and(ii)may occur whether or not it successfully achieves a desired outcome..