H.R. 8831

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8831 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8831

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 14, 2026

Mr. Raskin (for himself, Mr. Garcia of California, Mr. Morelle, Mr. 
Amo, Ms. Ansari, Ms. Balint, Ms. Barragan, Mrs. Beatty, Mr. Bell, Mr. 
Beyer, Mr. Boyle of Pennsylvania, Ms. Brownley, Mr. Carbajal, Mr. 
Carson, Mr. Case, Ms. Castor of Florida, Mr. Cleaver, Mr. Cohen, Mr. 
Courtney, Ms. Craig, Ms. Crockett, Mr. Crow, Mr. Davis of Illinois, Ms. 
Dean of Pennsylvania, Ms. DeGette, Ms. DelBene, Mr. Deluzio, Mr. 
DeSaulnier, Ms. Dexter, Mrs. Dingell, Mr. Doggett, Mrs. Fletcher, Mr. 
Foster, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Mr. 
Garcia of Illinois, Mr. Green of Texas, Mrs. Grijalva, Mr. Harder of 
California, Mr. Hoyer, Ms. Hoyle of Oregon, Mr. Huffman, Mr. Ivey, Mr. 
Jackson of Illinois, Ms. Jacobs, Mr. Johnson of Georgia, Ms. Johnson of 
Texas, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr. Kennedy of New 
York, Mr. Khanna, Mr. Krishnamoorthi, Mr. Larsen of Washington, Mr. 
Larson of Connecticut, Mr. Latimer, Ms. Leger Fernandez, Mr. Levin, Mr. 
Lieu, Ms. Lofgren, Mr. Lynch, Mr. Magaziner, Mr. Mannion, Mrs. McClain 
Delaney, Ms. McCollum, Ms. Mejia, Mr. Mfume, Mr. Min, Mr. Moulton, Mr. 
Mullin, Mr. Nadler, Ms. Norton, Ms. Pelosi, Mr. Quigley, Ms. Randall, 
Ms. Ross, Mr. Scott of Virginia, Ms. Sewell, Mr. Sherman, Ms. Simon, 
Ms. Stansbury, Mr. Stanton, Ms. Stevens, Mr. Subramanyam, Mr. Thanedar, 
Mr. Thompson of California, Mr. Thompson of Mississippi, Ms. Titus, Ms. 
Tlaib, Mr. Tonko, Ms. Velazquez, Mr. Walkinshaw, Mrs. Watson Coleman, 
Ms. Wilson of Florida, Ms. Garcia of Texas, Mrs. McIver, Ms. Houlahan, 
Mrs. Ramirez, Ms. Chu, Mr. Carter of Louisiana, and Ms. Waters) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Committees on 
the Judiciary, House Administration, the Budget, Transportation and 
Infrastructure, Rules, Foreign Affairs, Ways and Means, and 
Intelligence (Permanent Select), for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

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

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

SECTION 1. SHORT TITLE.

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

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

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

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

TITLE XI--ABUSE OF THE PARDON POWER PREVENTION

Sec. 1101. Short title.
Sec. 1102. Congressional oversight relating to certain pardons.
Sec. 1103. Bribery in connection with pardons and commutations.
Sec. 1104. Prohibition on presidential self-pardon.
TITLE XII--ENSURING NO PRESIDENT IS ABOVE THE LAW

Sec. 1201. Short title.
Sec. 1202. Tolling of statute of limitations.
Sec. 1203. Contracts by the President, the Vice President, or a cabinet 
member.
Sec. 1204. Forfeiture of benefits for former Presidents convicted of a 
felony.
TITLE XIII--ENFORCEMENT OF THE EMOLUMENTS CLAUSES OF THE CONSTITUTION

Sec. 1301. Short title.
Sec. 1302. Definitions.
Sec. 1303. Prohibition on acceptance of foreign emoluments.
Sec. 1304. Civil actions by Congress concerning foreign emoluments.
Sec. 1305. Prohibiting senior Federal officials from accepting foreign 
payments.
Sec. 1306. Disclosures concerning foreign and domestic emoluments.
Sec. 1307. Enforcement authority for Office of Government Ethics and 
financial disclosures.
Sec. 1308. Jurisdiction of the Office of Special Counsel.
Sec. 1309. Rulemaking for ethics requirements for legal expense funds.
Sec. 1310. Limitations and disclosure of certain donations to, and 
disbursements by, inaugural committees.
Sec. 1311. Prohibition on payments to the President of Federal or State 
government funds.
Sec. 1312. Prohibition on payments to the President from individuals 
receiving government positions or grants of 
clemency from the President.
Sec. 1313. Penalties.
Sec. 1314. Exceptions.
Sec. 1315. Severability.
TITLE XIV--INVESTIGATIVE INTEGRITY PROTECTION

Sec. 1401. Short title.
Sec. 1402. Presidential oversight of Attorney General.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
TRANSPARENCY

TITLE XXI--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

Sec. 2101. Short title.
Sec. 2102. Enforcement of congressional subpoenas.
Sec. 2103. Compliance with congressional subpoenas.
Sec. 2104. Rule of construction.
Sec. 2105. Enforcement of requests for information from certain 
committees of Congress.
TITLE XXII--REASSERTING CONGRESSIONAL POWER OF THE PURSE

Sec. 2201. Short title.
Subtitle A--Strengthening Congressional Control and Review To Prevent 
Impoundment

Sec. 2221. Strengthening congressional control.
Sec. 2222. Strengthening congressional review.
Sec. 2223. Updated authorities for and reporting by the Comptroller 
General.
Sec. 2224. Advance congressional notification and litigation.
Sec. 2225. Penalties for failure to comply with the Impoundment Control 
Act of 1974.
Subtitle B--Strengthening Transparency and Reporting

Part 1--Funds Management and Reporting to the Congress

Sec. 2241. Expired balance reporting in the President's budget.
Sec. 2242. Cancelled balance reporting in the President's budget.
Sec. 2243. Lapse in appropriations--reporting in the President's 
budget.
Sec. 2244. Transfer and other repurposing authority reporting in the 
President's budget.
Part 2--Empowering Congressional Review Through Nonpartisan 
Congressional Agencies and Transparency Initiatives

Sec. 2251. Requirement to respond to requests for information from the 
Comptroller General for budget and 
appropriations law decisions.
Sec. 2252. Reporting requirements for Antideficiency Act violations.
Sec. 2253. Department of Justice reporting to Congress for 
Antideficiency Act violations.
Sec. 2254. Publication of budget or appropriations law opinions of the 
Department of Justice Office of Legal 
Counsel.
Sec. 2255. Treatment of requests for information from Members of 
Congress.
Subtitle C--Strengthening Congressional Role in and Oversight of 
Emergency Declarations and Designations

Sec. 2261. Improving checks and balances on the use of the National 
Emergencies Act.
Sec. 2262. National Emergencies Act declaration spending reporting in 
the President's budget.
Sec. 2263. Disclosure to Congress of presidential emergency action 
documents.
Sec. 2264. Congressional designations.
TITLE XXIII--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

Sec. 2301. Short title.
Sec. 2302. Definitions.
Sec. 2303. Communications logs.
Sec. 2304. Rule of construction.
TITLE XXIV--PROTECTING WHISTLEBLOWERS

Sec. 2401. Short title.
Subtitle A--Whistleblower Protection Improvement

Sec. 2421. Additional whistleblower protections.
Sec. 2422. Enhancement of whistleblower protections.
Sec. 2423. Classifying certain furloughs as adverse personnel actions.
Sec. 2424. Codification of protections for disclosures of censorship 
related to research, analysis, or technical 
information.
Sec. 2425. Title 5 technical and conforming amendments.
Subtitle B--Whistleblowers of the Intelligence Community

Sec. 2441. Limitation on sharing of intelligence community 
whistleblower complaints with persons named 
in such complaints.
Sec. 2442. Disclosures to Congress.
Sec. 2443. Prohibition against disclosure of whistleblower identity as 
reprisal against whistleblower disclosure 
by employees and contractors in 
intelligence community.
TITLE XXV--ACCOUNTABILITY FOR ACTING OFFICIALS

Sec. 2501. Short title.
Sec. 2502. Clarification of Federal Vacancies Reform Act of 1998.
TITLE XXVI--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

Sec. 2601. Short title.
Subtitle A--Strengthening Hatch Act Enforcement and Penalties

Sec. 2621. Strengthening Hatch Act enforcement and penalties against 
political appointees.
Sec. 2622. Including Executive Office of the President under limitation 
on nepotism in the civil service.
Sec. 2623. Disclosure of Hatch Act investigations for certain political 
employees.
Sec. 2624. Clarification on candidates visiting Federal property.
Sec. 2625. Applying Hatch Act to President and Vice President while on 
Federal property.
Sec. 2626. Granting the Office of Special Counsel rulemaking authority.
Sec. 2627. Greater accountability for political appointees.
Sec. 2628. Investigating former political employees.
Sec. 2629. GAO review of reimbursable political events.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal 
Executive Employees

Sec. 2641. Definitions.
Sec. 2642. Ethics pledge.
Sec. 2643. Waivers.
Sec. 2644. Administration.
Sec. 2645. Enforcement.
Sec. 2646. General provisions.
TITLE XXVII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 2701. Presidential and vice presidential tax transparency.
TITLE XXVIII--BRINGING EXECUTIVE ACCOUNTABILITY, CLARITY, AND OVERSIGHT

Sec. 2801. Short title.
Sec. 2802. Office of Inspector General in the Executive Office of the 
President.
DIVISION C--MISCELLANEOUS

TITLE XXXI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 3101. Federal campaign reporting of foreign contacts.
Sec. 3102. Federal campaign foreign contact reporting compliance 
system.
Sec. 3103. Criminal penalties.
Sec. 3104. Report to congressional intelligence committees.
Sec. 3105. Rule of construction.
TITLE XXXII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 3201. Clarification of application of foreign money ban.
Sec. 3202. Requiring acknowledgment of foreign money ban by political 
committees.
Sec. 3203. Prohibition on contributions and donations by foreign 
nationals in connections with ballot 
initiatives and referenda.
TITLE XXXIII--HONEST ADS

Sec. 3301. Short title.
Sec. 3302. Expansion of definition of public communication.
Sec. 3303. Expansion of definition of electioneering communication.
Sec. 3304. Application of disclaimer statements to online 
communications.
Sec. 3305. Political record requirements for online platforms.
Sec. 3306. Preventing contributions, expenditures, independent 
expenditures, and disbursements for 
electioneering communications by foreign 
nationals in the form of online 
advertising.
Sec. 3307. Requiring online platforms to display notices identifying 
sponsors of political advertisements and to 
ensure notices continue to be present when 
advertisements are shared.
TITLE XXXIV--PREVENTING A PATRONAGE SYSTEM

Sec. 3401. Short title.
Sec. 3402. Limitations on excepting positions from competitive service 
and transferring positions.
TITLE XXXV--USE OF FEDERAL PROPERTY; VISITOR RECORDS

Sec. 3501. Prohibition on use of Federal property for political 
conventions.
Sec. 3502. Improving access to influential visitor access records.
TITLE XXXVI--NO CORPORATE CROOKS

Sec. 3601. Short title.
Sec. 3602. Restriction on service in the executive branch.
TITLE XXXVII--RECUSAL OF EXECUTIVE BRANCH OFFICERS AND EMPLOYEES

Sec. 3701. Short title.
Sec. 3702. Recusal of executive branch officers and employees in 
matters affecting financial interests of 
previous employers.
TITLE XXXVIII--CLARIFICATION OF DEFINITION OF OFFICIAL ACT

Sec. 3801. Short title.
Sec. 3802. Clarification of definition of official act.
DIVISION D--SEVERABILITY

TITLE XLI--SEVERABILITY

Sec. 4101. Severability.

DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER

TITLE XI--ABUSE OF THE PARDON POWER PREVENTION

SEC. 1101. SHORT TITLE.

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

SEC. 1102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.

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

SEC. 1103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.

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

SEC. 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.

TITLE XII--ENSURING NO PRESIDENT IS ABOVE THE LAW

SEC. 1201. SHORT TITLE.

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

SEC. 1202. TOLLING OF STATUTE OF LIMITATIONS.

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

SEC. 1203. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET 
MEMBER.

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

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

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

TITLE XIII--ENFORCEMENT OF THE EMOLUMENTS CLAUSES OF THE CONSTITUTION

SEC. 1301. SHORT TITLE.

(a) Short Title.--This title may be cited as the ``Foreign and 
Domestic Emoluments Enforcement Act''.
(b) Table of Contents.--The table of contents for this title is as 
follows:

Sec. 1301. Short title.
Sec. 1302. Definitions.
Sec. 1303. Prohibition on acceptance of foreign emoluments.
Sec. 1304. Civil actions by Congress concerning foreign emoluments.
Sec. 1305. Prohibiting senior Federal officials from accepting foreign 
payments.
Sec. 1306. Disclosures concerning foreign and domestic emoluments.
Sec. 1307. Enforcement authority for Office of Government Ethics and 
financial disclosures.
Sec. 1308. Jurisdiction of the Office of Special Counsel.
Sec. 1309. Rulemaking for ethics requirements for legal expense funds.
Sec. 1310. Limitations and disclosure of certain donations to, and 
disbursements by, inaugural committees.
Sec. 1311. Prohibition on payments to the President of Federal or State 
government funds.
Sec. 1312. Prohibition on payments to the President from individuals 
receiving government positions or grants of 
clemency from the President.
Sec. 1313. Penalties.
Sec. 1314. Exceptions.
Sec. 1315. Severability.

SEC. 1302. DEFINITIONS.

In this title:
(1) Emolument.--The term ``emolument'' means any profit, 
gain, or advantage, including any payment that is received 
directly or indirectly from any government of a foreign 
country, the Federal Government, or any State or local 
government, or from any instrumentality thereof.
(2) Government of a foreign country.--The term ``government 
of a foreign country'' has the meaning given the term in 
section 1(e) of the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 611(e)).
(3) Payment.--The term ``payment''--
(A) means the direct or indirect provision of 
anything of value, including any tangible item; and
(B) includes any direct or indirect payment in any 
form arising from a commercial transaction of any kind, 
including any payment involving a Presidentially-owned 
entity, whether or not at fair market value.
(4) Person holding any office of profit or trust under the 
united states.--The term ``person holding any office of profit 
or trust under the United States'' includes--
(A) the President; and
(B) the Vice President.
(5) Presidentially-owned entity.--The term 
``Presidentially-owned entity'' means a corporation, 
association, partnership, limited liability company, limited 
liability partnership, other legal entity, or sole 
proprietorship in which the President has an ownership stake, 
except that such term does not include an entity in which more 
than 100 people have an ownership stake and the President holds 
no more than five percent in a beneficial ownership stake and 
that--
(A) issues securities registered with the 
Securities and Exchange Commission pursuant to section 
12 of the Securities Exchange Act of 1934 (15 U.S.C. 
78l);
(B) is an investment company registered pursuant to 
section 8 of the Investment Company Act of 1940 (15 
U.S.C. 80a-8) that does not have a stated policy of 
concentrating the investments of the investment company 
in any industry, business, single country other than 
the United States, or bonds of a single State within 
the United States; or
(C) is a unit investment trust, as defined in 
section 4 of the Investment Company Act of 1940 (15 
U.S.C. 80a-4) that--
(i) is a regulated investment company, as 
defined in section 851 of the Internal Revenue 
Code of 1986; and
(ii) does not have a stated policy of 
concentrating the investments of the investment 
company in any industry, business, single 
country other than the United States, or bonds 
of a single State within the United States.
(6) State.--The term ``State'' means each of the several 
States of the United States, the District of Columbia, or any 
territory or possession of the United States.
(7) Covered official.--The term ``covered official'' 
means--
(A) any individual (other than an individual 
nominated for appointment to a position as a Foreign 
Service Officer or a grade or rank in the uniformed 
services for which the pay grade prescribed by section 
201 of title 37 is O-6 or below)--
(i) nominated by the President for a 
position the appointment to which requires the 
advice and consent of the Senate; or
(ii) whom the President-elect has publicly 
announced an intent to nominate to such a 
position; and
(B) any individual occupying--
(i) a position described under sections 
5312 through 5316 of title 5, United States 
Code (relating to the Executive Schedule);
(ii) a noncareer appointment in the Senior 
Executive Service, as defined under section 
3132(a) of such title 5;
(iii) a 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
(iv) a position in the Executive Office of 
the President pursuant to an appointment other 
than a career or career-conditional 
appointment.

SEC. 1303. PROHIBITION ON ACCEPTANCE OF FOREIGN EMOLUMENTS.

(a) In General.--Except as otherwise provided in section 7342 of 
title 5, United States Code, it shall be unlawful for any person 
holding any office of profit or trust under the United States to accept 
from a government of a foreign country, without first obtaining the 
consent of Congress, any present, emolument, payment, office, or title.
(b) Application.--The prohibition under paragraph (1) shall apply 
without regard to whether the present, emolument, payment, office, or 
title is--
(1) provided directly or indirectly by the government of a 
foreign country or an instrumentality thereof; or
(2) provided to the person holding any office of profit or 
trust under the United States or to any private business 
interest of that person.

SEC. 1304. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.

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

SEC. 1305. PROHIBITING SENIOR FEDERAL OFFICIALS FROM ACCEPTING FOREIGN 
PAYMENTS.

(a) In General.--Subchapter IV of chapter 73 of title 5, United 
States Code, is amended by adding after section 7342 the following:
``Sec. 7343. Prohibiting senior Federal officials from accepting 
foreign payments
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any senior 
Federal official to receive, accept, or retain a foreign 
payment, including through a business entity controlled by a 
senior Federal official, without first obtaining the consent of 
Congress pursuant to this section and section 7344.
``(2) Two-year post employment.--During the 2-year period 
beginning on the date that an individual leaves the position of 
a senior Federal official, it shall be unlawful for such 
individual to receive, accept, or retain a foreign payment, 
including through a business entity controlled by a senior 
Federal official, without first obtaining the consent of 
Congress pursuant to this section and section 7344. Such 
individual shall make the requisite disclosures required under 
subsection (b) of this section.
``(3) Candidate reports.--An individual other than an 
incumbent President or Vice President who becomes a candidate 
(as defined in section 301 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30101)) for the office of President or Vice 
President shall submit a report to Congress at the end of each 
30-day period such individual is such a candidate listing any 
foreign payments such individual received during such period.
``(b) Disclosure.--
``(1) Notice.--Any senior Federal official that wishes to 
receive, accept, or retain a foreign payment shall submit (in 
writing) notice to the Director prior to receiving, accepting, 
or retaining any foreign payment. Such request shall include, 
at a minimum--
``(A) the name of, and position occupied by, the 
senior Federal official;
``(B) details regarding the foreign payment the 
senior Federal official wishes to receive, accept, and 
retain, including the foreign government that would 
provide the foreign payment, the type of payment and 
the financial instrument to be used to provide the 
payment, the value of the foreign payment, and whether 
the foreign payment would be provided through a 
business entity, and, if so, the business entity and 
the specific transaction through which it would be 
provided; and
``(C) a statement confirming that the senior 
Federal official has not requested or otherwise 
encouraged the tender of the foreign payment.
``(2) Notification to congress.--Not later than 10 days 
after receiving notice under paragraph (1), the Director shall 
submit such notice to Congress.
``(3) Members of congress.--For purposes of carrying out 
this subsection with respect to Members of Congress--
``(A) with respect to any such Member who is a 
Senator, the term `the Select Committee on Ethics of 
the Senate' shall be substituted for `Director'; and
``(B) with respect to any such Member who is a 
Member of the House of Representatives, the term 
`Committee on Ethics of the House of Representatives' 
shall be substituted for `Director'.
``(c) Definitions.--For purposes of this section and sections 7344 
and 7345--
``(1) the term `business entity'--
``(A) means a for-profit corporation, association, 
partnership, limited liability company, limited 
liability partnership, other legal entity, or sole 
proprietorship in which a senior Federal official has 
an ownership stake; and
``(B) does not include an entity in which more than 
100 people have an ownership stake and the senior 
Federal official holds no more than 5 percent in a 
beneficial ownership stake and that--
``(i) issues securities registered with the 
Securities and Exchange Commission pursuant to 
section 12 of the Securities Exchange Act of 
1934 (15 U.S.C. 78l);
``(ii) is an investment company registered 
pursuant to section 8 of the Investment Company 
Act of 1940 (15 U.S.C. 80a-8) that does not 
have a stated policy of concentrating the 
investments of the investment company in any 
industry, business, single country other than 
the United States, or bonds of a single State 
within the United States; or
``(iii) is a unit investment trust, as 
defined in section 4 of the Investment Company 
Act of 1940 (15 U.S.C. 80a-4) that--
``(I) is a regulated investment 
company, as defined in section 851 of 
the Internal Revenue Code of 1986; and
``(II) does not have a stated 
policy of concentrating the investments 
of the investment company in any 
industry, business, single country 
other than the United States, or bonds 
of a single State within the United 
States;
``(2) the term `Director' means the Director of the Office 
of Government Ethics;
``(3) the term `foreign payment'--
``(A) means any direct or indirect payment in any 
form, including any tangible item, arising from 
commercial transactions of any kind, including any 
payment involving a business entity, whether or not at 
fair market value from--
``(i) any foreign government (as that term 
is defined in section 7342(a));
``(ii) any corporate enterprise engaged in 
commercial endeavors owned 50 percent or more 
or controlled by a foreign government; or
``(iii) any member of the family of a 
sovereign in a monarchical government; and
``(B) does not include any gift or decoration 
covered under section 7342; and
``(4) the term `senior Federal official' means--
``(A) the President and the Vice President;
``(B) a Member of Congress (as that term is defined 
in section 2106);
``(C) the head of any Executive department;
``(D) any individual employed on the staff of the 
President in a position with the title of Assistant to 
the President, Deputy Assistant to the President, 
Special Assistant to the President, Advisor to the 
President, or Counselor to the President; and
``(E) any other senior United States Government 
employee designated by the Director.
``Sec. 7344. Congressional review of request to receive, accept, and 
retain foreign payment
``(a) In General.--A senior Federal official may not receive, 
accept, or retain a foreign payment unless Congress has, prior to such 
receipt, acceptance, or retention, consented through enactment of a 
concurrent resolution of approval as provided under this section.
``(b) Review.--
``(1) In general.--In this section, the term `concurrent 
resolution' means only a concurrent resolution--
``(A) introduced during the period beginning on the 
date Congress receives notice from the Director under 
section 7343(b)(2) and ending on the date that is 90 
days thereafter; and
``(B) consisting only of the following text in the 
matter following the resolving clause: `That Congress 
hereby consents to the acceptance by ______ of the 
foreign payment described as follows: _____.', with the 
first blank space filled in with the name of the senior 
Federal official and the second blank space filled in 
with a detailed description of the foreign payment.
``(2) Committee consideration.--A concurrent resolution 
under this section shall be referred to the appropriate 
committee of the House of Representatives and the Senate. One 
such concurrent resolution shall be reported out by such 
committee together with its recommendations within fifteen 
legislative days after the day on which such resolution is 
referred to such committee, unless such House shall otherwise 
determine by the yeas and nays.
``(3) Consideration.--Any concurrent resolution so reported 
shall become the pending business of the House in question (in 
the case of the Senate the time for debate shall be equally 
divided between the proponents and the opponents) and shall be 
voted on within three legislative days after the day on which 
such resolution is reported, unless such House shall otherwise 
determine by yeas and nays.
``(4) Coordination.--Such a concurrent resolution passed by 
one House shall be referred to the appropriate committee of the 
other House and shall be reported out by such committee 
together with its recommendations within fifteen legislative 
days after the day on which such resolution is referred to such 
committee and shall thereupon become the pending business of 
such House and shall be voted upon within three legislative 
days after the day on which such resolution is reported, unless 
such House shall otherwise determine by yeas and nays.
``(5) Conference.--In the case of any disagreement between 
the two Houses of Congress with respect to a joint resolution 
passed by both Houses, conferees shall be promptly appointed 
and the committee of conference shall make and file a report 
with respect to such joint resolution within six legislative 
days after the day on which managers on the part of the Senate 
and the House have been appointed. Notwithstanding any rule in 
either House concerning the printing of conference reports or 
concerning any delay in the consideration of such reports, such 
report shall be acted on by both Houses not later than six 
legislative days after the conference report is filed in the 
House in which such report is filed first. In the event the 
conferees are unable to agree within forty-eight hours, they 
shall report back to their respective Houses in disagreement.
``(c) Exercise of Rulemaking Powers.--This section is enacted by 
the Congress--
``(1) as an exercise of the rulemaking power of the House 
of Representatives and the Senate, respectively, and as such 
they shall be considered as part of the rules of each House, 
respectively, or of that House to which they specifically 
apply, and such rules shall supersede other rules only to the 
extent that they are inconsistent therewith; and
``(2) with full recognition of the constitutional right of 
either House to change such rules (so far as relating to such 
House) at any time, in the same manner, and to the same extent 
as in the case of any other rule of such House.
``Sec. 7345. Penalties
``(a) Civil Action by the Attorney General.--The Attorney General 
may bring a civil action against a senior Federal official in an 
appropriate United States district court for a violation of section 
7343 or 7344 for--
``(1) a civil monetary penalty in an amount not to exceed 
$5,000 more than the retail value of the foreign payment; and
``(2) such injunctive relief as may be appropriate.
``(b) Criminal Penalty.--Whoever, being a senior Federal official, 
knowingly violates section 7343 or 7344 shall be imprisoned for not 
more than one year, fined in the amount of $50,000 or the total value 
of the foreign payments accepted, whichever is greater, or both.
``(c) Forfeiture.--Any payment received, accepted, or retained in 
violation of section 7343 or 7344 shall be seized and forfeited to the 
United States in accordance with chapter 46 of title 18.
``(d) Actions by Private Persons.--A person may bring a civil 
action for a violation of section 7343 or 7344 for the person and for 
the United States Government in the same manner as an action under 
section 3730(b) of title 31, except that--
``(1) any extension of time under section 3730(b)(3) of 
title 31 shall not exceed 120 days;
``(2) section 3730(e)(2) of title 31 shall not apply; and
``(3) section 3730(e)(4) of title 31 shall not apply with 
regard to a civil action brought against the President, the 
Vice President, or the Attorney General.
``(e) Safe Harbor.--The penalties under this section shall not 
apply with respect to a foreign payment made to a senior Federal 
official if the official--
``(1) did not solicit the payment; and
``(2) not later than 72 hours after becoming aware of the 
receipt of such a payment, and in no case later than 90 days 
after its receipt--
``(A) notifies the Director (or, in the case of a 
Member of Congress, the Select Committee on Ethics of 
the Senate or the Committee on Ethics of the House of 
Representatives, as the case may be) of the payment; 
and
``(B) returns the payment in full to the entity 
that made the payment or remits such payment to the 
Treasury.''.
(b) Designation by OGE.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Government 
Ethics shall publish, on the Office's public website, an initial list 
of any individual designated by the Director under section 
7343(c)(4)(E) of title 5, United States Code (as added by subsection 
(a) of this Act). The Director shall update such list as appropriate.
(c) Clerical.--The table of sections for subchapter IV of chapter 
73 of title 5, United States Code, is amended by adding after the item 
relating to section 7342 the following:

``7343. Prohibiting senior Federal officials from accepting foreign 
payments.
``7344. Congressional review of foreign payments.
``7345. Penalties.''.

SEC. 1306. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.

(a) Disclosures.--Section 13104(a) of title 5, United States Code, 
is amended by adding at the end the following:
``(9) Foreign emoluments.--Any present, emolument, office, 
or title received from a government of a foreign country (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 emoluments.--
Each business interest that is reasonably expected to result in 
the receipt of any present or emolument from a government of a 
foreign country (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 the united states.--In the case of 
the President, 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.
``(12) Business interests receiving emoluments from the 
united states.--Each business interest that is reasonably 
expected to result in the receipt of any emolument from the 
United States or a State during the current calendar year.''.
(b) Reporting Requirements Relating to Spouses and Dependent 
Children.--Section 13104(e)(1) of title 5, United States Code, is 
amended--
(1) in the matter preceding subparagraph (A), by inserting 
``and paragraphs (9) through (15)'' after ``(5)''; and
(2) by inserting after subparagraph (F) the following:
``(G) Foreign emoluments.--In the case of items 
described in paragraphs (9) and (10) of subsection (a), 
all information required to be reported under those 
paragraphs.
``(H) Emoluments from united states.--In the case 
of--
``(i) items described in paragraph (11)(A) 
of subsection (a), any such items received by 
spouse or dependent child of the President 
other than items related to the 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.''.
(c) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to affect the prohibition against the 
acceptance of presents and emoluments under section 1303.

SEC. 1307. ENFORCEMENT AUTHORITY FOR OFFICE OF GOVERNMENT ETHICS AND 
FINANCIAL DISCLOSURES.

(a) Enforcement.--
(1) In general.--Section 13122(a) of title 5, United States 
Code, is amended--
(A) by striking ``The Director'' and inserting 
``(1) In general.--The Director''; and
(B) by adding at the end the following:
``(2) Foreign payments.--
``(A) In general.--The Director shall provide 
overall direction of executive branch policies related 
to compliance with sections 7343 through 7345, and 
shall have authority to--
``(i) order individuals to take corrective 
action; and
``(ii) pursuant to section 7345, require 
disgorgement and divestiture of any foreign 
payment received, accepted, or retained by a 
senior Federal official without the consent of 
Congress to ensure compliance by a senior 
Federal official with paragraphs (16) and (17) 
of subsection (b) and (17), and with paragraphs 
(9) through (15) of section 13104(a).
``(B) Definitions.--In this paragraph and for 
purposes of subsection (b)(16), the terms `foreign 
payment' and `senior Federal official' have the meaning 
given those terms in section 7343(c).
``(3) Overall direction.--The Director shall--
``(A) provide overall direction of executive branch 
policies related to compliance with section 1303 and 
1304 of the Foreign and Domestic Emoluments Enforcement 
Act and with paragraphs (9) through (15) of section 
13104(a); and
``(B) shall have the authority, with respect to 
section 1303 and 1304 of the Foreign and Domestic 
Emoluments Enforcement Act and with paragraphs (9) 
through (15) of section 13104(a), 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.''.
(2) Specific authority.--Section 13122(b) of title 5, 
United States Code, is amended--
(A) in paragraph (14), by striking ``and'' at the 
end;
(B) in paragraph (15), by striking the period at 
the end and inserting a semicolon; and
(C) by adding after paragraph (15) the following:
``(16) developing and promulgating rules and regulations to 
ensure compliance with the requirements of sections 7343 
through 7345, including establishing--
``(A) a process for making required reports and 
notifications to Congress;
``(B) a process for ensuring the surrender or 
requiring the disgorgement and divestiture of a foreign 
payment when Congress does not consent to retention of 
the foreign payment;
``(C) a process for notifying Congress of non-
compliance with the requirements of section 7343 and 
7344 or with any disapproval of retention of any 
foreign payment by a senior Federal official; and
``(D) such other matters as are necessary to ensure 
compliance with the requirements of section 7343 and 
7344; and
``(17) developing and promulgating rules and regulations to 
ensure compliance with section 1303 and 1304 of the Foreign and 
Domestic Emoluments Enforcement Act and with paragraphs (9) 
through (15) of section 13104(a), 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).''.
(b) Disclosures.--Section 13104(a) of title 5, United States Code, 
as amended by this Act, is further amended by adding at the end the 
following:
``(13) Foreign payments.--Any foreign payment received by a 
senior Federal official on or before the date of filing during 
the preceding calendar year, including the source, date, type, 
amount or value, date of surrender, or the date of adoption by 
Congress of a concurrent resolution approving the retention of 
the foreign payment under section 7344. In this paragraph, the 
terms `foreign payment' and `senior Federal official' have the 
meaning given those terms in section 7343(c).
``(14) Payments to business interest.--Each business 
interest of a senior Federal official that is reasonably 
expected to result in the receipt of any foreign payment during 
the current calendar year. In this paragraph, the terms 
`foreign payment' and `senior Federal official' have the 
meaning given those terms in section 7343(c).''.

SEC. 1308. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.

Section 1216 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the 
end;
(B) in paragraph (5) by striking the period and 
inserting ``; and''; and
(C) by adding at the end the following:
``(6) any violation of--
``(A) section 1303 of the Foreign and Domestic 
Emoluments Enforcement Act;
``(B) paragraphs (9) through (15) of section 
13104(a); or
``(C) subparagraph (G) and (H) of section 
13104(e)(1).''; and
(2) by adding at the end the following:
``(d) If the Director of the Office of Government Ethics refers a 
matter for investigation pursuant to section 13122, or if the Special 
Counsel receives a credible complaint of a violation 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.''.

SEC. 1309. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EXPENSE FUNDS.

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

SEC. 1310. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND 
DISBURSEMENTS BY, INAUGURAL COMMITTEES.

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

``SEC. 325. INAUGURAL COMMITTEES.

``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful for--
``(A) an Inaugural Committee--
``(i) to solicit, accept, or receive a 
donation from a person that is not an 
individual; or
``(ii) to solicit, accept, or receive a 
donation from a foreign national;
``(B) a person--
``(i) to make a donation to an Inaugural 
Committee in the name of another person, or to 
knowingly authorize his or her name to be used 
to effect such a donation;
``(ii) to knowingly accept a donation to an 
Inaugural Committee made by a person in the 
name of another person; or
``(iii) to convert a donation to an 
Inaugural Committee to personal use as 
described in paragraph (2); or
``(C) a foreign national to, directly or 
indirectly, make a donation, or make an express or 
implied promise to make a donation, to an Inaugural 
Committee.
``(2) Conversion of donation to personal use.--For purposes 
of paragraph (1)(B)(iii), a donation shall be considered to be 
converted to personal use if any part of the donated amount is 
used--
``(A) to fulfill a commitment, obligation, or 
expense of a person that would exist irrespective of 
the responsibilities of the Inaugural Committee; or
``(B) to benefit the personal business venture of 
the President or Vice President of the United States, 
the Inaugural Committee, or an immediate family member 
of such individuals.
``(3) No effect on disbursement of unused funds to 
nonprofit organizations.--Nothing in this subsection may be 
construed to prohibit an Inaugural Committee from disbursing 
unused funds to an organization which is described in section 
501(c)(3) of the Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual 
to make donations to an Inaugural Committee which, in the 
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential 
election year (beginning with 2028), the amount described in 
paragraph (1) shall be increased by the cumulative percent 
difference determined in section 315(c)(1)(A) since the 
previous Presidential election year. If any amount after such 
increase is not a multiple of $1,000, such amount shall be 
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall 
file with the Commission a report disclosing any 
donation by an individual to the committee in an amount 
of $1,000 or more not later than 24 hours after the 
receipt of such donation.
``(B) Contents of report.--A report filed under 
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received; 
and
``(iii) the name and address of the 
individual making the donation.
``(2) Final report.--Not later than the date that is 90 
days after the date of the Presidential inaugural ceremony, the 
Inaugural Committee shall file with the Commission a report 
containing the following information:
``(A) For each donation of money or anything of 
value made to the committee in an aggregate amount 
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received; 
and
``(iii) the name and address of the 
individual making the donation.
``(B) The total amount of all disbursements, and 
all disbursements in the following categories:
``(i) Disbursements made to meet committee 
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets 
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an 
aggregate amount or value in excess of $200 is 
made by the committee to meet a committee 
operating expense, together with date, amount, 
and purpose of such operating expense;
``(ii) who receives a loan repayment from 
the committee, together with the date and 
amount of such loan repayment;
``(iii) who receives a donation refund or 
other offset to donations from the committee, 
together with the date and amount of such 
disbursement; and
``(iv) to whom any other disbursement in an 
aggregate amount or value in excess of $200 is 
made by the committee, together with the date 
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1) Donation.--
``(A) In general.--The term `donation' includes--
``(i) any gift, subscription, loan, 
advance, or deposit of money or anything of 
value made by any person to the committee; or
``(ii) the payment by any person of 
compensation for the personal services of 
another person which are rendered to the 
committee without charge for any purpose.
``(B) Exception.--The term `donation' does not 
include the value of services provided without 
compensation by any individual who volunteers on behalf 
of the committee.
``(2) Foreign national.--The term `foreign national' has 
the meaning given that term by section 319(b).
``(3) Immediate family member.--The term `immediate family 
member' means a parent, parent-in-law, spouse, adult child, or 
sibling.
``(4) Inaugural committee.--The term `Inaugural Committee' 
has the meaning given that term by section 501 of title 36, 
United States Code.
``(e) Rule of Construction.--Nothing in this section may be 
construed to limit the authority of a Federal agency to enforce a 
Federal law with respect to an Inaugural Committee.''.
(b) Confirming Amendments Related to Reporting Requirements.--
(1) Section 304 of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30104) is amended--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection 
(h).
(2) Section 309(a)(4)(C)(iv)(I) is amended by striking ``or 
(i)'' and inserting ``or (h)''.
(3) Section 313(c)(4) is amended by striking ``section 
304(i)(8)(B)'' and inserting ``section 304(h)(8)(B)''.
(c) Conforming Amendment Related to Status of Committee.--Section 
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee 
for purposes of this chapter unless the committee agrees to, and meets, 
the requirements of section 325 of the Federal Election Campaign Act of 
1971.''.
(d) Effective Date.--The amendments made by this section shall 
apply with respect to Inaugural Committees established under chapter 5 
of title 36, United States Code, for inaugurations held in 2029 and any 
succeeding year.

SEC. 1311. PROHIBITION ON PAYMENTS TO THE PRESIDENT OF FEDERAL OR STATE 
GOVERNMENT FUNDS.

Section 102 of title 3, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a) In 
General.--The President''; and
(2) by adding at the end the following:
``(b) Limitations.--
``(1) In general.--Except for the amounts provided by 
subsection (a), and except as provided in paragraph (2) of this 
subsection and section 1314 of the Foreign and Domestic 
Emoluments Enforcement Act--
``(A) the President may not accept any payment, 
including any payment to any Presidentially-owned 
entity, from any Federal or State funds; and
``(B) no individual may cause an agency, 
department, or other instrumentality of the Federal 
Government to make such a payment.
``(2) Application.--Except for payments made to the 
President or a Presidentially-owned entity, nothing in this 
subsection shall be construed to limit the total amount of 
funds a Government entity may obligate or expend to assist in 
defraying expenses relating to or resulting from the discharge 
of the President's official duties, including expenses for the 
security necessary for the President to discharge such duties, 
consistent with applicable levels of appropriations made 
available for such expenses and the requirements of the Foreign 
and Domestic Emoluments Enforcement Act.
``(3) Unofficial act.--The acceptance by the President of a 
payment prohibited by this subsection is not an official act.
``(4) Disgorgement.--
``(A) Notice.--
``(i) Federal agencies.--Not later than 30 
days after the date on which a Federal agency, 
department, or other instrumentality of the 
Government makes a payment that is prohibited 
under paragraph (1), the head of such Federal 
agency, department, or other instrumentality 
shall submit a notice of such payment to the 
President, the Committee on Oversight and 
Accountability of the House of Representatives, 
and the Committee on Homeland Security and 
Governmental Affairs of the Senate.
``(ii) The president.--
``(I) In general.--Not later than 
the earlier of 30 days after the date 
on which the President learns of the 
receipt of a payment prohibited under 
paragraph (1) or seven days after 
receiving notice under clause (i), the 
President shall submit a notice of such 
payment to the Committee on Oversight 
and Accountability of the House of 
Representatives and the Committee on 
Homeland Security and Governmental 
Affairs of the Senate.
``(II) Contents.--A notice 
submitted under subclause (I) with 
respect to a payment prohibited under 
paragraph (1) shall include--
``(aa) the date on which 
the President received such 
payment and the value of such 
payment;
``(bb) the source of such 
payment; and
``(cc) if the President 
received the payment through a 
Presidentially-owned entity, 
the name of each 
Presidentially-owned entity 
through which the President 
received such payment.
``(B) Return of prohibited state and federal 
payments.--Not later than 60 days after the date on 
which the President learns of the receipt of a payment 
prohibited under paragraph (1), the President shall--
``(i) in the case of a payment from a State 
government or subdivision thereof that is 
prohibited under paragraph (1), return such 
payment to the State or subdivision; and
``(ii) in the case of a payment from the 
Federal Government that is prohibited under 
such paragraph, transfer or return such payment 
to the Treasury.
``(C) Certification of return.--
``(i) In general.--Not later than 30 days 
after the date on which the President makes a 
return payment to the Treasury under 
subparagraph (B), the President and the 
Secretary of the Treasury shall each submit to 
the Committee on Oversight and Accountability 
of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a sworn certification of 
such return payment to the Treasury.
``(ii) Contents.--A certification submitted 
under clause (i) for a return payment with 
respect to a payment prohibited under paragraph 
(1) shall include--
``(I) the date on which the 
President received such prohibited 
payment and the value of such 
prohibited payment;
``(II) the source of such 
prohibited payment;
``(III) the date on which the 
President made such return payment;
``(IV) the value of such return 
payment;
``(V) each source of such return 
payment; and
``(VI) if the President received 
such prohibited payment through a 
Presidentially-owned entity, the name 
of each Presidentially-owned entity 
through which the President received 
such prohibited payment.
``(5) Definitions.--In this subsection--
``(A) the terms `Presidentially-owned entity' and 
`payment' have the meaning given those terms in section 
1302 of the Foreign and Domestic Emoluments Enforcement 
Act; and
``(B) the term `return payment' means a payment 
constituting the transfer or return a payment 
prohibited under paragraph (1).''.

SEC. 1312. PROHIBITION ON PAYMENTS TO THE PRESIDENT FROM INDIVIDUALS 
RECEIVING GOVERNMENT POSITIONS OR GRANTS OF CLEMENCY FROM 
THE PRESIDENT.

(a) Prohibition on Payments.--
(1) Payments made.--
(A) Covered officials.--A covered official may not 
knowingly make or cause to be made a payment to the 
President, including any payment to a Presidentially-
owned entity.
(B) Individuals granted clemency.--An individual 
granted clemency (including a pardon) by the President 
may not knowingly make or cause to be made a payment to 
the President, including any payment to a 
Presidentially-owned entity, during any period that the 
President that granted such clemency to such individual 
is the President.
(2) Payments received.--The President may not accept any 
payment that is unlawful to make or cause to be made under 
paragraph (1).
(3) De minimis payments.--Paragraphs (1) and (2) shall not 
apply with respect to a payment that is less than or equal to 
than $50.
(4) Unofficial act.--The acceptance by the President of a 
payment prohibited by this section is not an official act.
(b) Required Disclosures to Congress.--
(1) Advice and consent positions.--On the date that the 
President transmits to the Senate the nomination of an 
individual to a position the appointment to which requires the 
advice and consent of the Senate, the President shall submit 
with such transmittal a report, to the applicable committee of 
the Senate that will consider the nomination, listing any 
payment made by such individual to the President, including any 
payment to a Presidentially-owned entity, during the period 
beginning on the date on which the President became a candidate 
(as such term is defined in section 301 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the 
President and ending on the date of such transmittal.
(2) Other positions.--On the date any individual is 
appointed to a position described in section 1302(7)(B), the 
President shall submit, to the Committee on Oversight and 
Accountability of the House of Representatives and the 
Committee of Homeland Security and Governmental Affairs of the 
Senate, a report listing any payment made by such individual to 
the President, including any payment to a Presidentially-owned 
entity, during the period beginning on the date on which the 
President became a candidate (as such term is defined in 
section 301 of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101)) for the office of the President and ending on 
the date of the submission of such report.
(3) Clemency.--On the date the President issues clemency, 
including a pardon, to any individual, the President shall 
submit, to the Committee on the Judiciary of the House of 
Representatives, the Committee on Oversight and Accountability 
of the House of Representatives, the Committee on the Judiciary 
of the Senate, and the Committee of Homeland Security and 
Governmental Affairs of the Senate, a report listing any 
payment made by such individual to the President, including any 
payment to a Presidentially-owned entity, during the period 
beginning on the date on which the President became a candidate 
(as such term is defined in section 301 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101)) for the office of the 
President and ending on the date of the submission of such 
report.
(c) Return of Funds.--
(1) In general.--Not later than 60 days after the date of 
the transmittal of a report under paragraph (1), (2), or (3) of 
subsection (b), any payment listed in any such report shall be 
transferred or returned to the general fund of the Treasury.
(2) Report.--Not later than 30 days after the date any 
payment has been deposited in the general fund of the Treasury 
pursuant to paragraph (1), the President shall submit a report, 
to the Committee on Oversight and Accountability of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate, listing the name of the 
individual who made such payment or caused such payment to be 
made.
(d) Financial Disclosures.--Section 13104 of title 5, United States 
Code, is amended--
(1) in subsection (a), by adding at the end the following 
new paragraph:
``(15) Payments to president.--
``(A) In general.--Any payment, including any 
payments to a Presidentially-owned entity, received by 
the President during a calendar year from any covered 
official, or from any individual granted clemency 
(including a pardon) by the President, including the 
source, date, type, amount or value of the payment, 
and, if accepted through a Presidentially-owned entity, 
the name of the business through which it was accepted.
``(B) Application.--The disclosure required under 
this paragraph shall only apply to reports filed 
pursuant to section 13103(d) and (e) by the President.
``(C) Definitions.--In this paragraph, terms 
`Presidentially-owned entity', `covered official', and 
`payment' have the meaning given those terms in section 
1302 of the Foreign and Domestic Emoluments Enforcement 
Act.''; and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph 
(3); and
(B) by inserting after paragraph (1) the following:
``(2) New appointee payments to the president.--
``(A) New appointees.--With respect to any report 
filed under paragraph (1) pursuant to subsections (a) 
or (b) of section 13103 by an individual nominated or 
appointed (as the case may be) by the President to be a 
covered official, such report shall include--
``(i) any payment made by the individual to 
the President, including a payment to a 
Presidentially-owned entity, during the period 
beginning on the date on which the President 
became a candidate (as such term is defined in 
section 301 of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30101)) for the office 
of the President before being elected as 
President and ending on the date on which such 
individual files such report;
``(ii) the date of nomination or 
appointment;
``(iii) the date, type, and amount or value 
of the payment; and
``(iv) for any payment made to a 
Presidentially-owned entity, the name of the 
entity to which the payment was made.
``(B) Definitions.--In this paragraph, terms 
`covered official', `Presidentially-owned entity', and 
`payment' have the meaning given those terms in section 
1302 of the Foreign and Domestic Emoluments Enforcement 
Act.''.

SEC. 1313. PENALTIES.

(a) Attorney General.--The Attorney General may bring a civil 
action against any person in an appropriate United States district 
court for receiving, accepting, making, or causing to be made a payment 
in violation of section 1313(a)or section 102(b) of title 3, United 
States Code, as added by section 1312 of this Act, for--
(1) a civil monetary penalty in an amount not to exceed 
$5,000 more than the value of such payment; and
(2) such injunctive relief as may be appropriate.
(b) Private Action.--A person may bring a civil action for a 
violation of subsections (a) and (c) of section 1313 or section 102(b) 
of title 3, United States Code, as added by section 1312 of this Act, 
for the person and for the United States Government in the same manner 
as an action under subsection (b) of section 3730 of title 31, United 
States Code, except that--
(1) any extension of time under paragraph (3) of such 
subsection shall not exceed 120 days; and
(2) subsection (e) of such section, other than paragraph 
(3) of such subsection, shall not apply.
(c) Statute of Limitation Tolled.--Any statute of limitations 
applicable to an action for a payment in violation of section 1313(a) 
or section 102(b) of title 3, United States Code, as added by section 
1312 of this Act, shall be tolled for each period of time during 
which--
(1) in the case of a payment to an individual holding the 
office of President, such individual holds the office of 
President; or
(2) in the case of a payment to a Presidentially-owned 
entity, the individual holding the office of President at the 
time of such payment holds the office of the President.

SEC. 1314. EXCEPTIONS.

This title, and the provisions of section 510 of title 36, United 
States Code, section 325 of the Federal Election Campaign Act of 1971, 
and section 7343 of title 5, United States Code, do not apply in the 
case of the following:
(1) Payment of compensation of the President under section 
102 of title 3, United States Code.
(2) Any other payment derived from Federal or State funds, 
or from any covered official, that is required under Federal or 
State law, including Government contributions for health care, 
pension payments, or any other authorized benefit.
(3) Any payment from the Federal Government or a State to 
the President or a Presidentially-owned entity under a program 
that is available to the public and which is made without 
regard to the ownership of such entity by an individual holding 
the office of the President.

SEC. 1315. SEVERABILITY.

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

TITLE XIV--INVESTIGATIVE INTEGRITY PROTECTION

SEC. 1401. SHORT TITLE.

This title may be cited as the ``Investigative Integrity Protection 
Act''.

SEC. 1402. PRESIDENTIAL OVERSIGHT OF ATTORNEY GENERAL.

(a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530E. Presidential oversight of Attorney General
``(a) Certification.--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.
``(b) Considerations.--
``(1) In general.--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--
``(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 considerations.--Evidence 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 Court.--Any action seeking dismissal under this 
section shall be heard by a three-judge court convened pursuant to 
section 2284.
``(d) Sanctions.--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.
``(e) Inspector General Responsibilities.--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.
``(f) Preservation and Submission of Materials.--If 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).''.
(b) Technical and Conforming Amendment.--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.''.

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

TITLE XXI--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

SEC. 2101. SHORT TITLE.

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

SEC. 2102. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.

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

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

SEC. 2103. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.

(a) In General.--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:

``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.

``(a) Subpoena by Congressional Committee.--Any recipient of any 
subpoena from a congressional committee or subcommittee shall appear 
and testify, produce, or otherwise disclose information in a manner 
consistent with the subpoena and this section.
``(b) Failure To Produce Information.--
``(1) Grounds for withholding information.--Unless required 
by the Constitution 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 withheld.--In the case 
of information that is withheld, in whole or in part, by the 
subpoena recipient, the subpoena recipient shall, without 
delay, provide a log containing the following:
``(A) An express assertion and description of the 
ground asserted for withholding the information.
``(B) The type of information.
``(C) The general subject matter.
``(D) The date, author, and addressee.
``(E) The relationship of the author and addressee 
to each other.
``(F) The custodian of the information.
``(G) Any other descriptive information that may be 
produced or disclosed regarding the information that 
will enable the congressional committee or subcommittee 
issuing the subpoena to assess the ground asserted for 
withholding the information.
``(c) Definition.--For purposes of this section, the term 
`information' includes any books, papers, documents, data, or other 
objects requested in a subpoena issued by a congressional committee or 
subcommittee.''.
(b) Clerical Amendment.--The table of contents for chapter 7 of 
title II of the Revised Statutes is amended by adding at the end the 
following:

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

SEC. 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.

SEC. 2105. ENFORCEMENT OF REQUESTS FOR INFORMATION FROM CERTAIN 
COMMITTEES OF CONGRESS.

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

TITLE XXII--REASSERTING CONGRESSIONAL POWER OF THE PURSE

SEC. 2201. SHORT TITLE.

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

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

SEC. 2221. STRENGTHENING CONGRESSIONAL CONTROL.

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

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

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

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

SEC. 2222. STRENGTHENING CONGRESSIONAL REVIEW.

(a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 2221(a), is further amended 
by adding at the end the following:

``reporting on apportionment of appropriations by departments and 
agencies

``Sec. 1019. Each department or agency shall--
``(1) notify the Committee on the Budget and the Committee 
on Appropriations of the House of Representatives, the 
Committee on the Budget and the Committee on Appropriations of 
the Senate, and any other appropriate congressional committees 
if--
``(A) an apportionment is not made in the required 
time period provided in section 1513(b) of title 31, 
United States Code;
``(B) an approved apportionment received by the 
department or agency conditions the availability of an 
appropriation on further action; or
``(C) an approved apportionment received by the 
department or agency may hinder the prudent obligation 
of such appropriation or the execution of a program, 
project, or activity by such department or agency; and
``(2) include in each notification under paragraph (1) 
information identifying the bureau, account name, appropriation 
name, and Treasury Appropriation Fund Symbol or fund 
account.''.
(b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 2221(b), is further amended by 
inserting after the item relating to section 1018 the following:

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

SEC. 2223. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER 
GENERAL.

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

SEC. 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:

``suits by comptroller general

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

SEC. 2225. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL 
ACT OF 1974.

(a) In General.--Part B of the Impoundment Control Act of 1974 (2 
U.S.C. 682 et seq.), as amended by section 2222(a), is further amended 
by adding at the end the following:

``penalties for failure to comply

``Sec. 1020. (a) Administrative Discipline.--An officer or 
employee of the Executive Branch of the United States Government 
violating this part shall be subject to appropriate administrative 
discipline, including, when circumstances warrant, suspension from duty 
without pay or removal from office.
``(b) Reporting Violations.--
``(1) In general.--In the event of a violation of section 
1001, 1012, 1013, or 1018 of this part, or in the case that the 
Comptroller General issues a legal decision concluding that a 
department, agency, or office of the United States violated 
this part, the President or the head of the relevant department 
or agency as the case may be, shall report immediately to 
Congress all relevant facts and a statement of actions taken. A 
copy of each report shall also be transmitted to the 
Comptroller General and the relevant inspector general on the 
same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of 
the facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund account, 
the amount involved for each violation, the date on which the 
violation occurred, the position of any individuals responsible 
for the violation, a statement of the administrative discipline 
imposed and any further action taken with respect to any 
officer or employee involved in the violation, a statement of 
any additional action taken to prevent recurrence of the same 
type of violation, and any written response by any officer or 
employee identified by position as involved in the violation. 
In the case that the Comptroller General issues a legal 
decision concluding that a department, agency, or office of the 
United States violated this part and the relevant department, 
agency, or office does not agree that a violation has occurred, 
the report provided to Congress, the Comptroller General, and 
relevant inspector general will explain the position of the 
department, agency, or office.
``(3) Opportunity to respond.--If any such report 
identifies the position of any officer or employee as involved 
in the violation, such officer or employee shall be provided a 
reasonable opportunity to respond in writing, and any such 
response shall be appended to the report.''.
(b) Clerical Amendment.--The table of contents of the Congressional 
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of 
such Act, as amended by section 2222(b), is further amended by 
inserting after the item relating to section 1019 the following:

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

Subtitle B--Strengthening Transparency and Reporting

PART 1--FUNDS MANAGEMENT AND REPORTING TO THE CONGRESS

SEC. 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:
``(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.''.

SEC. 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:
``(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.''.

SEC. 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:
``(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.''.

SEC. 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:
``(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.''.

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

SEC. 2251. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE 
COMPTROLLER GENERAL FOR BUDGET AND APPROPRIATIONS LAW 
DECISIONS.

(a) In General.--Subchapter II of chapter 7 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 722. Requirement to respond to requests for information from the 
Comptroller General for budget and appropriations law 
decisions
``(a) If an agency receives a written request for information, 
documentation, or views from the Comptroller General relating to a 
decision or opinion on budget or appropriations law, the agency shall 
provide the requested information, documentation, or views not later 
than 20 days after receiving the written request, unless such written 
request specifically provides otherwise.
``(b) If an agency fails to provide the requested information, 
documentation, or views within the time required by subsection (a)--
``(1) the Comptroller General shall notify, in writing, the 
Committee on Homeland Security and Governmental Affairs of the 
Senate, the Committee on Oversight and 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.''.
(b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 7 of title 31, United States Code, is amended by inserting 
after the item relating to section 721 the following:

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

SEC. 2252. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.

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

SEC. 2253. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR 
ANTIDEFICIENCY ACT VIOLATIONS.

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

SEC. 2254. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE 
DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.

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

SEC. 2255. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF 
CONGRESS.

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

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

SEC. 2261. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL 
EMERGENCIES ACT.

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

``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

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

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

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

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

``(a) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that does 
not have a preamble and that contains only the following provisions 
after its resolving clause:
``(1) A provision approving one or more--
``(A) proclamations declaring national emergencies 
under section 201(a);
``(B) Executive orders issued under section 
201(b)(2); or
``(C) Executive orders issued under section 202(b).
``(2) A provision approving a list of all or a portion of 
the provisions of law specified by the President under section 
201(b) in the proclamations or Executive orders that are the 
subject of the joint resolution.
``(b) Joint Resolution of Termination Defined.--In this section, 
the term `joint resolution of termination' means a resolution 
introduced in the House or Senate to terminate--
``(1) a national emergency declared under section 201; or
``(2) the exercise of any authorities pursuant to that 
emergency.
``(c) Procedures for Consideration of Joint Resolutions of Approval 
and Joint Resolutions of Termination.--
``(1) Introduction.--After the President transmits to 
Congress a proclamation declaring a national emergency under 
section 201(a), or an Executive order specifying emergency 
powers or authorities under section 201(b)(2) or renewing a 
national emergency under section 202(b), a joint resolution of 
approval or joint resolution of termination may be introduced 
in either House of Congress by any member of that House.
``(2) Consideration in senate.--In the Senate, the 
following shall apply:
``(A) Committee referral.--A joint resolution of 
approval or joint resolution of termination shall be 
referred to the appropriate committee or committees.
``(B) Reporting and discharge.--If the committee to 
which a joint resolution of approval or joint 
resolution of termination has been referred has not 
reported it at the end of 10 calendar days after its 
introduction, that committee shall be discharged from 
further consideration of the resolution and it shall be 
placed on the calendar.
``(C) Proceeding to consideration.--Notwithstanding 
Rule XXII of the Standing Rules of the Senate, when a 
committee to which a joint resolution of approval or 
joint resolution of termination is referred has 
reported the resolution, or when that committee is 
discharged under subparagraph (B) from further 
consideration of the resolution, it is at any time 
thereafter in order to move to proceed to the 
consideration of the joint resolution, and all points 
of order against the joint resolution (and against the 
motion to proceed to the consideration of the joint 
resolution) are waived. The motion to proceed shall be 
debatable for 4 hours evenly divided between proponents 
and opponents of the joint resolution of approval or 
joint resolution of termination. The motion is not 
subject to amendment, or to a motion to postpone, or to 
a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the 
motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of a 
joint resolution of approval or joint resolution of 
termination is agreed to, the joint resolution shall 
remain the unfinished business of the Senate until 
disposed of.
``(D) Floor consideration.--There shall be 10 hours 
of consideration on a joint resolution of approval or 
joint resolution of termination, to be divided evenly 
between the proponents and opponents of the joint 
resolution. Of that 10 hours, there shall be a total of 
2 hours of debate on any debatable motions in 
connection with the joint resolution, to be divided 
evenly between the proponents and opponents of the 
joint resolution.
``(E) Amendments.--No amendments shall be in order 
with respect to a joint resolution of approval or joint 
resolution of termination in the Senate.
``(F) Motion to reconsider vote on passage.--A 
motion to reconsider a vote on passage of a joint 
resolution of approval or joint resolution of 
termination shall not be in order.
``(G) Appeals.--Points of order and appeals from 
the decision of the Presiding Officer shall be decided 
without debate.
``(3) Consideration in house of representatives.--In the 
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to 
which a joint resolution of approval or joint 
resolution of termination has been referred has not 
reported it to the House within seven legislative days 
after the date of referral such committee shall be 
discharged from further consideration of the joint 
resolution.
``(B)(i) Proceeding to consideration.--Beginning on 
the third legislative day after each committee to which 
a joint resolution of approval or joint resolution of 
termination has been referred reports it to the House 
or has been discharged from further consideration 
thereof, it shall be in order to move to proceed to 
consider the joint resolution of approval or joint 
resolution of termination in the House. All points of 
order against the motion are waived. Such a motion 
shall not be in order after the House has disposed of 
another motion to proceed on the joint resolution of 
approval or joint resolution of termination. The 
previous question shall be considered as ordered on the 
motion to its adoption without intervening motion. The 
motion shall not be debatable. A motion to reconsider 
the vote by which the motion is disposed of shall not 
be in order.
``(ii) Motion.--A motion to proceed to the 
consideration of a joint resolution of approval of an 
Executive order described in subsection (a)(1) or a 
list described in subsection (a)(2) shall not be in 
order before the enactment of a joint resolution of 
approval of the proclamation described in subsection 
(a)(1) that is the subject of such Executive order or 
list.
``(C) Consideration.--The joint resolution of 
approval or joint resolution of termination shall be 
considered as read. All points of order against the 
joint resolution of approval or joint resolution of 
termination and against its consideration are waived. 
The previous question shall be considered as ordered on 
the joint resolution of approval or joint resolution of 
termination to final passage without intervening motion 
except two hours of debate equally divided and 
controlled by the sponsor of the joint resolution of 
approval or joint resolution of termination (or a 
designee) and an opponent. A motion to reconsider the 
vote on passage of the joint resolution of approval or 
joint resolution of termination shall not be in order.
``(4) Coordination with action by other house.--
``(A) In general.--If, before the passage by one 
House of a joint resolution of approval or joint 
resolution of termination of that House, that House 
receives from the other House a joint resolution of 
approval or joint resolution of termination with regard 
to the same proclamation or Executive order, then the 
following procedures shall apply:
``(i) The joint resolution of approval or 
joint resolution of termination of the other 
House shall not be referred to a committee.
``(ii) With respect to a joint resolution 
of approval or joint resolution of termination 
of the House receiving the joint resolution--
``(I) the procedure in that House 
shall be the same as if no joint 
resolution of approval or joint 
resolution of termination had been 
received from the other House; but
``(II) the vote on passage shall be 
on the joint resolution of approval or 
joint resolution of termination of the 
other House.
``(iii) Upon the failure of passage of the 
joint resolution of approval or joint 
resolution of termination of the other House, 
the question shall immediately occur on passage 
of the joint resolution of approval or joint 
resolution of termination of the receiving 
House.
``(B) Treatment of legislation of other house.--If 
one House fails to introduce a joint resolution of 
approval or joint resolution of termination under this 
section, the joint resolution of approval or joint 
resolution of termination of the other House shall be 
entitled to expedited floor procedures under this 
section.
``(C) Application to revenue measures.--The 
provisions of this paragraph shall not apply in the 
House of Representatives to a joint resolution of 
approval or joint resolution of termination that is a 
revenue measure.
``(5) Treatment of veto message.--Debate on a veto message 
in the Senate under this section shall be 1 hour evenly divided 
between the majority and minority leaders or their designees.
``(d) Rule of Construction.--The enactment of a joint resolution of 
approval or joint resolution of termination under this section shall 
not be interpreted to serve as a grant or modification by Congress of 
statutory authority for the emergency powers of the President.
``(e) Rules of the House and Senate.--This section is enacted by 
Congress--
``(1) as an exercise of the rulemaking power of the Senate 
and the House of Representatives, respectively, and as such is 
deemed a part of the rules of each House, respectively, but 
applicable only with respect to the procedure to be followed in 
the House in the case of joint resolutions described in this 
section, and supersedes other rules only to the extent that it 
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of 
either House to change the rules (so far as relating to the 
procedure of that House) at any time, in the same manner, and 
to the same extent as in the case of any other rule of that 
House.''.
(b) Reporting Requirements.--Section 401 of the National 
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the 
following:
``(d) Report on Emergencies.--The President shall transmit to 
Congress, with any proclamation declaring a national emergency under 
section 201(a) or any Executive order specifying emergency powers or 
authorities under section 201(b)(2) or renewing a national emergency 
under section 202(b), a report, in writing, that includes the 
following:
``(1) A description of the circumstances necessitating the 
declaration of a national emergency, the renewal of such an 
emergency, or the use of a new emergency power or authority 
specified in the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or 
a statement that the duration of the national emergency cannot 
reasonably be estimated at the time of transmission of the 
report.
``(3) A summary of the actions the President or other 
officers intend to take, including any reprogramming or 
transfer of funds and any contracts anticipated to be entered 
into, and the statutory authorities the President and such 
officers expect to rely on in addressing the national 
emergency.
``(4) In the case of a renewal of a national emergency, a 
summary of the actions the President or other officers have 
taken in the preceding one-year period, including any 
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President shall 
provide to Congress such other information as Congress may request in 
connection with any national emergency in effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the President 
declares a national emergency under section 201(a), the President 
shall, not less frequently than every 90 days for the duration of the 
emergency, report to Congress on the status of the emergency and the 
actions the President or other officers have taken and authorities the 
President and such officers have relied on in addressing the 
emergency.''.
(c) Exclusion of Imposition of Duties and Import Quotas From 
Presidential Authorities Under International Emergency Economic Powers 
Act.--Section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section 
does not include the authority to impose duties or tariff-rate quotas 
or (subject to paragraph (2)) other quotas on articles entering the 
United States.
``(2) The limitation under paragraph (1) does not prohibit the 
President from excluding all articles imported from a country from 
entering the United States.''.
(d) Conforming Amendment.--Title III of the National Emergencies 
Act (50 U.S.C. 1631) is repealed.
(e) Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), this 
section and the amendments made by this section shall take 
effect on the date of the enactment of this Act and apply with 
respect to national emergencies declared under section 201 of 
the National Emergencies Act on or after that date.
(2) Applicability to renewals of existing emergencies.--
When a national emergency declared under section 201 of the 
National Emergencies Act before the date of the enactment of 
this Act would expire or be renewed under section 202(d) of 
that Act (as in effect on the day before such date of 
enactment), that national emergency shall be subject to the 
requirements for renewal under section 202(b) of that Act, as 
amended by subsection (a).

SEC. 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:
``(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.''.

SEC. 2263. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION 
DOCUMENTS.

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

SEC. 2264. CONGRESSIONAL DESIGNATIONS.

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

TITLE XXIII--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

SEC. 2301. SHORT TITLE.

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

SEC. 2302. DEFINITIONS.

In this title:
(1) Communications log.--The term ``communications log'' 
means the log required to be maintained under section 2303(a).
(2) Covered communication.--
(A) In general.--The term ``covered communication'' 
means any communication relating to any contemplated or 
ongoing investigation or litigation conducted by the 
Department of Justice in any civil or criminal matter 
(regardless of whether a civil action or criminal 
indictment or information has been filed).
(B) Exceptions.--The term ``covered communication'' 
does not include a communication that is any of the 
following:
(i) A communication that involves contact 
between the President, the Vice President, the 
Counsel to the President, or the Principal 
Deputy Counsel to the President, and the 
Attorney General, the Deputy Attorney General, 
or the Associate Attorney General, except to 
the extent that the communication concerns a 
contemplated or ongoing investigation or 
litigation in which a target or subject is one 
of the following:
(I) The President, the Vice 
President, 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.
(II) Any individual working in the 
Executive Office of the President who 
is compensated at a rate of pay at or 
above level II of the Executive 
Schedule under section 5313 of title 5, 
United States Code.
(III) The current or former chair 
or treasurer of any national campaign 
committee that sought the election or 
seeks the reelection of the President, 
or any officer of such a committee 
exercising authority at the national 
level, during the tenure in office of 
the President.
(ii) A communication that involves contact 
between an officer or employee of the 
Department of Justice and an officer or 
employee of the Executive Office of the 
President on a particular matter, if any of the 
President, the Vice President, the Counsel to 
the President, or the Principal Deputy Counsel 
to the President, and if any of the Attorney 
General, the Deputy Attorney General, or the 
Associate Attorney General, have designated a 
subordinate to carry on such contact, and the 
person so designating monitors all subsequent 
communications and the person designated keeps 
the designating person informed of each such 
communication, except to the extent that the 
communication concerns a contemplated or 
ongoing investigation or litigation in which a 
target or subject is one of the following:
(I) The President, the Vice 
President, 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.
(II) Any individual working in the 
Executive Office of the President who 
is compensated at a rate of pay at or 
above level II of the Executive 
Schedule under section 5313 of title 5, 
United States Code.
(III) The current or former chair 
or treasurer of any national campaign 
committee that sought the election or 
seeks the reelection of the President, 
or any officer of such a committee 
exercising authority at the national 
level, during the tenure in office of 
the President.
(iii) A communication that involves contact 
from or to the Deputy Counsel to the President 
for National Security Affairs, the staff of the 
National Security Council, or the staff of the 
Homeland Security Council that relates to a 
national security matter, except to the extent 
that the communication concerns a pending civil 
or criminal action that may have national 
security implications.
(iv) A communication that involves contact 
between the Office of the Pardon Attorney of 
the Department of Justice and the Counsel to 
the President or a Deputy Counsel to the 
President relating to pardon matters.
(v) A communication that relates solely to 
policy, appointments, legislation, rulemaking, 
budgets, public relations or affairs, 
programmatic matters, intergovernmental 
relations, administrative or personnel matters, 
appellate litigation, or requests for legal 
advice.
(3) Immediate family of the president or vice president.--
The term ``immediate family of the President or Vice 
President'' means the persons to whom the President or Vice 
President--
(A) is related by blood, marriage, or adoption; or
(B) stands in loco parentis.
(4) President-elect.--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.
(5) Vice president-elect.--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.

SEC. 2303. COMMUNICATIONS LOGS.

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

SEC. 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.

TITLE XXIV--PROTECTING WHISTLEBLOWERS

SEC. 2401. SHORT TITLE.

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

Subtitle A--Whistleblower Protection Improvement

SEC. 2421. ADDITIONAL WHISTLEBLOWER PROTECTIONS.

(a) Investigations as Personnel Actions.--
(1) In general.--Section 2302(a)(2)(A) of title 5, United 
States Code, is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) by redesignating clause (xii) as clause (xiii); 
and
(C) by inserting after clause (xi) the following:
``(xii) for purposes of subsection (b)(8)--
``(I) the commencement, expansion, or 
extension of an investigation, but not 
including any investigation that is ministerial 
or nondiscretionary (including a ministerial or 
nondiscretionary investigation described in 
section 1213) or any investigation that is 
conducted by an Inspector General of an entity 
of the Government of an employee not employed 
by the office of that Inspector General; and
``(II) a referral to an Inspector General 
of an entity of the Government, except for a 
referral that is ministerial or 
nondiscretionary; and''.
(2) Application.--The amendment made by paragraph (1) shall 
apply to any investigation commenced, expanded, or extended, or 
to any referral made, as described in clause (xii) of section 
2302(a)(2)(A) of title 5, United States Code, as amended by 
that paragraph, on or after the date of enactment of this Act.
(b) Right To Petition Congress.--
(1) In general.--Section 2302(b)(9) of title 5, United 
States Code, is amended--
(A) in subparagraph (C), by striking ``or'' at the 
end;
(B) in subparagraph (D), by adding ``or'' after the 
semicolon at the end; and
(C) by adding at the end the following:
``(E) the exercise of any right protected under 
section 7211;''.
(2) Application.--The amendment made by paragraph (1) shall 
apply to the exercise of any right described in subparagraph 
(E) of section 2302(b)(9) of title 5, United States Code, as 
added by that paragraph, occurring on or after the date of 
enactment of this Act.
(c) Prohibition on Disclosure of Whistleblower Identity.--
(1) In general.--Section 2302 of title 5, United States 
Code, is amended by adding at the end the following:
``(g)(1) No employee of an agency may willfully communicate or 
transmit to any individual who is not an officer or employee of the 
Government the identity of, or personally identifiable information 
about, any other employee because that other employee has made, or is 
suspected to have made, a disclosure protected by subsection (b)(8), 
unless--
``(A) the other employee provides express written consent 
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.''.
(2) Application.--The amendment made by paragraph (1) shall 
apply to any transmission or communication described in 
subsection (g) of section 2302 of title 5, United States Code, 
as added by paragraph (1), made on or after the date of 
enactment of this Act.
(d) Right To Petition Congress.--
(1) In general.--Section 7211 of title 5, United States 
Code, is amended to read as follows:
``Sec. 7211. Employees' right to petition or furnish information or 
respond to Congress
``(a) In General.--Each officer or employee of the Federal 
Government, individually or collectively, has a right to--
``(1) petition Congress or a Member of Congress;
``(2) furnish information, documents, or testimony to 
either House of Congress, any Member of Congress, or any 
committee or subcommittee of Congress; or
``(3) respond to any request for information, documents, or 
testimony from either House of Congress or any Committee or 
subcommittee of Congress.
``(b) Prohibited Actions.--No officer or employee of the Federal 
Government may interfere with or deny the right 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) Application.--This section shall not be construed to 
authorize disclosure of any information that is--
``(1) specifically prohibited from disclosure by any other 
provision of Federal law; or
``(2) specifically required by Executive order to be kept 
secret in the interest of national defense or the conduct of 
foreign affairs, unless disclosure is otherwise authorized by 
law.
``(d) Definition of Officer or Employee of the Federal 
Government.--For purposes of this section, the term `officer or 
employee of the Federal Government' includes--
``(1) the President;
``(2) a Member of Congress;
``(3) a member of the uniformed services;
``(4) an employee (as that term is defined in section 
2105);
``(5) an employee of the United States Postal Service or 
the Postal Regulatory Commission; and
``(6) an employee appointed under chapter 73 or 74 of title 
38.''.
(2) Clerical amendment.--The table of sections for 
subchapter II of chapter 72 of title 5, United States Code, is 
amended by striking the item related to section 7211 and 
inserting the following:

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

SEC. 2422. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS.

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

SEC. 2423. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE PERSONNEL ACTIONS.

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

SEC. 2424. CODIFICATION OF PROTECTIONS FOR DISCLOSURES OF CENSORSHIP 
RELATED TO RESEARCH, ANALYSIS, OR TECHNICAL INFORMATION.

(a) In General.--Section 2302 of title 5, United States Code, as 
amended by this title, is further amended by adding at the end the 
following:
``(h)(1) In this subsection--
``(A) the term `applicant' means an applicant for a covered 
position;
``(B) the term `censorship related to research, analysis, 
or technical information' means any effort to distort, 
misrepresent, or suppress research, analysis, or technical 
information; and
``(C) the term `employee' means an employee in a covered 
position in an agency.
``(2) Any disclosure of information by an employee or applicant 
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.''.
(b) Repeal.--
(1) In general.--Section 110 of the Whistleblower 
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is 
repealed.
(2) Rule of construction.--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.

SEC. 2425. TITLE 5 TECHNICAL AND CONFORMING AMENDMENTS.

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

Subtitle B--Whistleblowers of the Intelligence Community

SEC. 2441. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH 
COMPLAINTS.

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

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

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

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

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

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

SEC. 2442. DISCLOSURES TO CONGRESS.

(a) In General.--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:

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

``(a) Guidance.--
``(1) Obligation to provide security direction upon 
request.--Upon the request of a whistleblower, the head of the 
relevant element of the intelligence community, acting through 
the covered Inspector General for that element, shall furnish 
on a confidential basis to the whistleblower information 
regarding how the whistleblower may directly contact the 
congressional intelligence committees, in accordance with 
appropriate security practices, regarding a complaint or 
information of the whistleblower pursuant to section 
103H(k)(5)(D) or other appropriate provision of law.
``(2) Nondisclosure.--Unless a whistleblower who makes a 
request under paragraph (1) provides prior consent, a covered 
Inspector General may not disclose to the head of the relevant 
element of the intelligence community--
``(A) the identity of the whistleblower; or
``(B) the element at which such whistleblower is 
employed, detailed, or assigned as a contractor 
employee.
``(b) Oversight of Obligation.--If a covered Inspector General 
determines that the head of an element of the intelligence community 
denied a request by a whistleblower under subsection (a), directed the 
whistleblower not to contact the congressional intelligence committees, 
or unreasonably delayed in providing information under such subsection, 
the covered Inspector General shall notify the congressional 
intelligence committees of such denial, direction, or unreasonable 
delay.
``(c) Permanent Security Officer.--The head of each element of the 
intelligence community may designate a permanent security officer in 
the element to provide to whistleblowers the information under 
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of 
the National Security Act of 1947 is amended by inserting after the 
item relating to section 1203, as added by section 2411(b)(2), the 
following new item:

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

SEC. 2443. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS 
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES 
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.

(a) In General.--Paragraph (3) of subsection (a) of section 1201 of 
the National Security Act of 1947, as designated by section 
2441(b)(1)(A), is amended--
(1) in subparagraph (I), by striking ``; or'' and inserting 
a semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K); 
and
(3) by inserting after subparagraph (I) the following new 
subparagraph:
``(J) a knowing and willful disclosure revealing 
the identity or other personally identifiable 
information of such employee or such contractor 
employee without the express written consent of such 
employee or such contractor employee or if the 
Inspector General determines such disclosure is 
necessary for the exclusive purpose of investigating a 
complaint or information received under section 416 of 
title 5, United States Code; or''.
(b) Applicability to Detailees.--Such subsection is amended by 
adding at the end the following new paragraph:
``(5) Employee.--The term `employee', with respect to an 
agency or a covered intelligence community element, includes an 
individual who has been detailed to such agency or covered 
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of 
Whistleblower Identity.--Subsection (f) of such section is amended to 
read as follows:
``(f) Enforcement.--
``(1) In general.--Except as otherwise provided in this 
subsection, the President shall provide for the enforcement of 
this section.
``(2) Private right of action for unlawful, willful 
disclosure of whistleblower identity.--In a case in which an 
employee of an agency, or other employee or officer of the 
Federal Government, takes a personnel action described in 
subsection (a)(3)(J) against an employee of a covered 
intelligence community element as a reprisal in violation of 
subsection (b) or in a case in which a contractor employee 
takes a personnel action described in such subsection against 
another contractor employee as a reprisal in violation of 
subsection (c), the employee or contractor employee against 
whom the personnel action was taken may bring a private action 
for all appropriate remedies, including injunctive relief and 
compensatory and punitive damages, against the employee or 
contractor employee who took the personnel action, in a Federal 
district court of competent jurisdiction within 180 days of 
when the employee or contractor employee first learned of or 
should have learned of the violation.''.

TITLE XXV--ACCOUNTABILITY FOR ACTING OFFICIALS

SEC. 2501. SHORT TITLE.

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

SEC. 2502. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.

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

TITLE XXVI--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

SEC. 2601. SHORT TITLE.

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

Subtitle A--Strengthening Hatch Act Enforcement and Penalties

SEC. 2621. STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES AGAINST 
POLITICAL APPOINTEES.

(a) Investigations by Office of Special Counsel.--Section 1216 of 
title 5, United States Code, as amended by section 1307 of this Act, is 
amended--
(1) in subsection (c), by striking ``(1),''; and
(2) by adding at the end the following:
``(e)(1) In addition to the authority otherwise provided in this 
chapter, the Special Counsel--
``(A) shall conduct an investigation with respect to any 
allegation concerning political activity prohibited under 
subchapter III of chapter 73 (relating to political activities 
by Federal employees); and
``(B) may, regardless of whether the Special Counsel has 
received an allegation, conduct any investigation as the 
Special Counsel considers necessary concerning political 
activity prohibited under subchapter III of chapter 73.
``(2) With respect to any investigation under paragraph (1), the 
Special Counsel may seek corrective action under section 1214 and 
disciplinary action under section 1215 in the same way as if a 
prohibited personnel practice were involved.
``(f)(1) Notwithstanding section 1215(b), consistent with paragraph 
(3) of this subsection, if, after an investigation under subsection 
(d)(1), the Special Counsel determines that a political appointee has 
violated section 7323 or 7324, the Special Counsel may present a 
complaint to the Merit Systems Protection Board under the process 
provided in section 1215 against such political appointee.
``(2) Notwithstanding section 7326, a final order of the Board on a 
complaint of a violation of section 7323 or 7324 by a political 
appointee may impose an assessment of a civil penalty not to exceed 
$50,000.
``(3) The Special Counsel may not present a complaint under 
paragraph (1) of this subsection--
``(A) unless no disciplinary action or civil penalty has 
been taken or assessed, respectively, against the political 
appointee pursuant to section 7326; and
``(B) until on or after the date that is 90 days after the 
date that the complaint regarding the political appointee was 
presented to the President under section 1215(b), 
notwithstanding whether the President submits a written 
statement pursuant to paragraph (4) of this subsection.
``(4)(A) Not later than 90 days after receiving from the Special 
Counsel a complaint recommending disciplinary action under section 
1215(b) with respect to a political appointee for a violation of 
section 7323 or 7324, the President shall provide a written statement 
to the Special Counsel on whether the President imposed the recommended 
disciplinary action, imposed another form of disciplinary action and 
the nature of that disciplinary action, or took no disciplinary action 
against the political appointee.
``(B) Not later than 14 days after the date on which the Special 
Counsel receives a written statement under subparagraph (A) of this 
paragraph, the Special Counsel shall--
``(i) submit the written statement to the Committee on 
Homeland Security and Governmental Affairs of the Senate and 
the Committee on Oversight and 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).''.
(b) Clarification on Application of Hatch Act to EOP and OVP 
Employees.--Section 7322(1)(A) of title 5, United States Code, is 
amended by inserting after ``Executive agency'' the following: ``, 
including the Executive Office of the President, the Office of the Vice 
President, and any other office of the White House,''.
(c) Criminal Penalty.--
(1) In general.--Subchapter III of chapter 73 of title 5, 
United States Code, is amended by adding at the end the 
following:
``Sec. 7327. Criminal penalty for Hatch Act violations
``(a) In General.--Any person who knowingly violates section 7323 
or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of 
title 18), imprisoned for not more than 1 year, or both. 
Notwithstanding section 3571(e) of title 18, for each violation after 
the first, the fine applicable under this section shall be double the 
amount of the fine assessed for the previous violation.
``(b) Attorney Fees.--A court may assess against the United States 
reasonable attorney fees and other litigation costs reasonably incurred 
in any case under this section in which an employee has established, by 
a preponderance of the evidence, that a superior ordered or otherwise 
coerced the employee into taking any act that resulted in a violation 
of section 7323 or 7324.''.
(2) Clerical amendment.--The table of sections for 
subchapter III of chapter 73 of title 5, United States Code, is 
amended by inserting after the item relating to section 7326 
the following:

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

SEC. 2622. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER LIMITATION 
ON NEPOTISM IN THE CIVIL SERVICE.

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

SEC. 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:
``(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)).''.

SEC. 2624. CLARIFICATION ON CANDIDATES VISITING FEDERAL PROPERTY.

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

SEC. 2625. APPLYING HATCH ACT TO PRESIDENT AND VICE PRESIDENT WHILE ON 
FEDERAL PROPERTY.

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

SEC. 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.

SEC. 2627. GREATER ACCOUNTABILITY FOR POLITICAL APPOINTEES.

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

SEC. 2628. INVESTIGATING FORMER POLITICAL EMPLOYEES.

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

SEC. 2629. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.

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

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

SEC. 2641. DEFINITIONS.

(a) In General.--Subject to subsection (b), in this subtitle:
(1) Administration.--The term ``Administration'' means each 
term of office of the incumbent President serving at the time 
of the appointment of an appointee.
(2) Appointee.--The term ``appointee''--
(A) includes each individual appointed--
(i) to a full-time, noncareer position by 
the President or the Vice President;
(ii) to a position described in sections 
5312 through 5316 of title 5, United States 
Code (relating to the Executive Schedule);
(iii) 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
(iv) to a position in an Executive agency 
excepted from the competitive service by reason 
of being of a confidential or policy-
determining character under schedule C of 
subpart C of part 213 of title 5, Code of 
Federal Regulations, or another position 
excepted from the competitive service under 
comparable criteria; and
(B) does not include any individual appointed to a 
position in the Senior Foreign Service or solely as a 
uniformed service commissioned officer.
(3) Covered executive branch official; lobbying activities, 
lobbyist.--The terms ``covered executive branch official'', 
``lobbying activities'', and ``lobbyist'' have the meanings 
given those terms in section 3 of the Lobbying Disclosure Act 
of 1995 (2 U.S.C. 1602).
(4) Directly and substantially related to my former 
employer or any former client.--The term ``directly and 
substantially related to my former employer or any former 
client'' means any matter in which the former employer or a 
former client of an appointee is a party or represents a party 
to the matter.
(5) Executive agency.--The term ``Executive agency'' has 
the meaning given the term ``Executive agency'' in section 105 
of title 5, United States Code, except that such term--
(A) includes--
(i) the Executive Office of the President;
(ii) the United States Postal Service; and
(iii) the Postal Regulatory Commission; and
(B) does not include the Government Accountability 
Office.
(6) Former client.--The term ``former client''--
(A) means any person for whom an appointee, during 
the 2-year period before the date of the appointment of 
the appointee, served personally as 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
(B) does not include any clients of the former 
employer of the appointee to whom the appointee did not 
personally provide services.
(7) Former employer.--The term ``former employer''--
(A) means any person for whom an appointee, during 
the 2-year period before the date of appointment of the 
appointee, served as an employee, officer, director, 
trustee, or general partner; and
(B) does not include--
(i) any Executive agency or other entity of 
the Federal Government;
(ii) any State or local government;
(iii) the Government of the District of 
Columbia;
(iv) any Tribal government;
(v) any government of a United States 
territory or possession; or
(vi) any international organization of 
which the United States is a member state.
(8) Gift.--The term ``gift''--
(A) has the meaning given the term in section 
2635.203(b) of title 5, Code of Federal Regulations;
(B) includes any gift that is solicited or accepted 
indirectly, as defined in section 2635.203(f) of title 
5, Code of Federal Regulations; and
(C) does not include any item excepted under 
subsections (b), (c), (e)(1), (e)(3), (j), or (l) of 
section 2635.204 of title 5, Code of Federal 
Regulations.
(9) Government official.--The term ``Government official'' 
means any employee of the executive branch of the Government.
(10) Lobby.--The term ``lobby'' means to act or have acted 
as a registered lobbyist.
(11) Materially assist.--The term ``materially assist''--
(A) means to provide substantive assistance; and
(B) does not include--
(i) the provision of background or general 
education on a matter of law or policy based 
upon the subject matter expertise of an 
individual; or
(ii) any conduct or assistance permitted 
under section 207(j) of title 18, United States 
Code.
(12) Participate.--The term ``participate'' means to 
participate personally and substantially.
(13) Particular matter.--The term ``particular matter'' has 
the meaning given the term in section 207 of title 18, United 
States Code, and section 2635.402(b)(3) of title 5, Code of 
Federal Regulations.
(14) Particular matter involving specific parties.--The 
term ``particular matter involving specific parties'' has the 
meaning given the term in section 2641.201(h) of title 5, Code 
of Federal Regulations, except that the term shall also include 
any meeting or other communication relating to the performance 
of the official duties of an individual with a former employer 
or former client of the individual, unless--
(A) the communication applies to a particular 
matter of general applicability; and
(B) participation in the meeting or other event is 
open to all interested parties.
(15) Pledge.--The term ``pledge'' means the ethics pledge 
under section 2642.
(16) Registered lobbyist or lobbying organization.--The 
term ``registered lobbyist or lobbying organization'' means--
(A) 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
(B) in the case of an organization required to file 
such a registration, includes each of the lobbyists of 
the organization identified therein.
(17) Senior white house staff.--The term ``Senior White 
House staff'' means any individual appointed by--
(A) the President to a position under subparagraph 
(A) or (B) of section 105(a)(2) of title 3, United 
States Code; or
(B) the Vice President to a position under 
subparagraph (A) or (B) of section 106(a)(1) of title 
3, United States Code.
(b) Rule of Construction.--Any reference to a provision of Federal 
law, including any regulation, under this subtitle shall be construed 
to refer to any such provision in effect on January 20, 2025.

SEC. 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 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 ban.--I will not accept any gift from 
any registered lobbyist or lobbying organization for the 
duration of my service as an appointee.
``(2) Revolving door ban; all appointees entering 
government.--For a period of 2 years beginning on the date of 
my appointment, I will not participate in any particular matter 
involving specific parties that is directly and substantially 
related to my former employer or former clients, including 
regulations and contracts.
``(3) Revolving door ban; lobbyists and registered agents 
entering government.--If, during the 2-year period before the 
date of my appointment, I was registered under the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or the Foreign 
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et 
seq.), in addition to abiding by the limitations of paragraph 
(2), I will not, for a period of 2 years beginning on the date 
of my appointment--
``(A) participate in any particular matter with 
respect to which I lobbied, or engaged in any activity 
that would require registration under the Foreign 
Agents Registration Act of 1938, as amended (22 U.S.C. 
611 et seq.), during the 2-year period before the date 
of my appointment;
``(B) participate in the specific issue area 
involving the particular matter described in 
subparagraph (A); or
``(C) seek or accept employment with any Executive 
agency with respect to which I lobbied, or engaged in 
any activity that would require registration under the 
Foreign Agents Registration Act of 1938, as amended (22 
U.S.C. 611 et seq.), during the 2-year period before 
the date of my appointment.
``(4) Revolving door ban; appointees leaving government.--
If, upon my departure from the Government, the post-employment 
restrictions relating to communicating with employees of my 
former Executive agency under section 207(c) of title 18, 
United States Code, and any implementing regulations, apply to 
me, I agree that I will abide by those restrictions for a 
period of 2 years beginning on the last date of my appointment. 
I will abide by those same restrictions with respect to 
communicating with the Senior White House staff.
``(5) Revolving door ban; senior and very senior appointees 
leaving government.--If, upon my departure from the Government, 
the post-employment restrictions under subsections (c) or (d) 
of section 207 of title 18, United States Code, and any 
implementing regulations, apply to me, I agree that, in 
addition to abiding by those restrictions, for a period of 1 
year beginning on the last date of my appointment, I will not 
materially assist any other person in making any communication 
or appearance that I am prohibited from undertaking myself by--
``(A) holding myself out as being available to 
engage in lobbying activities in support of any such 
communication or appearance; or
``(B) engaging in any such lobbying activities.
``(6) Revolving door ban; appointees leaving government to 
lobby.--In addition to abiding by the limitations under 
paragraph (4), I also agree, upon leaving Government service, 
not to lobby any covered executive branch official or 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 ban.--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.
``(8) Employment qualification commitment.--I agree that 
any hiring or other employment decisions I make will be based 
on the qualifications, competence, and experience of the 
candidate.
``(9) Assent to enforcement.--I acknowledge that subtitle B 
of title 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.''.

SEC. 2643. WAIVERS.

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

SEC. 2644. ADMINISTRATION.

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

SEC. 2645. ENFORCEMENT.

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

SEC. 2646. GENERAL PROVISIONS.

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

TITLE XXVII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

SEC. 2701. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

(a) Definitions.--In this section--
(1) The term ``covered candidate'' means a candidate of a 
major party in a general election for the office of President 
or Vice President.
(2) The term ``income tax return'' means, with respect to 
an individual, any return (as such term is defined in section 
6103(b)(1) of the Internal Revenue Code of 1986, except that 
such term shall not include declarations of estimated tax) of--
(A) such individual, other than information returns 
issued to persons other than such individual; or
(B) any corporation, partnership, or trust in which 
such individual holds, directly or indirectly, a 
significant interest as the sole or principal owner or 
the sole or principal beneficial owner (as such terms 
are defined in regulations prescribed by the 
Secretary).
(3) The term ``major party'' has the meaning given the term 
in section 9002 of the Internal Revenue Code of 1986.
(4) The term ``Secretary'' means the Secretary of the 
Treasury or the delegate of the Secretary.
(b) Disclosure.--
(1) In general.--
(A) Candidates for president and vice president.--
Not later than the date that is 15 days after the date 
on which an individual becomes a covered candidate, the 
individual shall submit to the Federal Election 
Commission a copy of the individual's income tax 
returns for the 10 most recent taxable years for which 
a return has been filed with the Internal Revenue 
Service.
(B) President and vice president.--With respect to 
an individual who is the President or Vice President, 
not later than the due date for the return of tax for 
each taxable year, such individual shall submit to the 
Federal Election Commission a copy of the individual's 
income tax returns for the taxable year and for the 9 
preceding taxable years.
(C) Transition rule for sitting presidents and vice 
presidents.--Not later than the date that is 30 days 
after the date of enactment of this section, an 
individual who is the President or Vice President on 
such date of enactment shall submit to the Federal 
Election Commission a copy of the income tax returns 
for the 10 most recent taxable years for which a return 
has been filed with the Internal Revenue Service.
(2) Failure to disclose.--If any requirement under 
paragraph (1) to submit an income tax return is not met, the 
chairman of the Federal Election Commission shall submit to the 
Secretary a written request that the Secretary provide the 
Federal Election Commission with the income tax return.
(3) Publicly available.--The chairman of the Federal 
Election Commission shall make publicly available each income 
tax return submitted under paragraph (1) in the same manner as 
a return provided under section 6103(l)(23) of the Internal 
Revenue Code of 1986 (as added by this section).
(4) Treatment under the federal election campaign act of 
1971.--Section 304(a)(11) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104(a)(11)) is amended by adding at the 
end the following:
``(E) An income tax return filed under the Protecting Our Democracy 
Act shall be filed in electronic form accessible by computers and shall 
be treated as a report filed under and required by this Act for 
purposes of subparagraphs (B) and (C), except that if it would require 
considerable, extensive, and significant time for the Commission to 
make redactions to such a return, as required under section 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.''.
(c) Disclosure of Returns of Presidents and Vice Presidents and 
Certain Candidates for President and Vice President.--
(1) In general.--Section 6103(l) of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
paragraph:
``(23) Disclosure of return information of presidents and 
vice presidents and certain candidates for president and vice 
president.--
``(A) In general.--Upon written request by the 
chairman of the Federal Election Commission under 
section 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 general.--The chairman of the 
Federal Election Commission shall make publicly 
available any return which is provided under 
subparagraph (A).
``(ii) Redaction of certain information.--
Before making publicly available under clause 
(i) any return, the chairman of the Federal 
Election Commission shall redact such 
information as the Federal Election Commission 
and the Secretary jointly determine is 
necessary for protecting against identity 
theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code 
is amended--
(A) in the matter preceding subparagraph (A) by 
striking ``or (22)'' and inserting ``(22), or (23)''; 
and
(B) in subparagraph (F)(ii) by striking ``or (22)'' 
and inserting ``(22), or (23)''.
(3) Effective date.--The amendments made by this subsection 
shall apply to disclosures made on or after the date of 
enactment of this Act.

TITLE XXVIII--BRINGING EXECUTIVE ACCOUNTABILITY, CLARITY, AND OVERSIGHT

SEC. 2801. SHORT TITLE.

This title may be cited as the cited as the ``Bringing Executive 
Accountability, Clarity, and Oversight Now Act'' or the ``BEACON Act''.

SEC. 2802. OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE OF THE 
PRESIDENT.

(a) Establishment.--
(1) In general.--Section 401 of title 5, United States Code 
(commonly referred to as the ``Inspector General Act of 
1978''), is amended--
(A) in paragraph (1), by striking ``or the National 
Reconnaissance Office'' and inserting ``the National 
Reconnaissance Office, or the Executive Office of the 
President''; and
(B) 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)''.
(2) Appointment of inspector general.--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.
(b) Special Provisions.--Chapter 4 of title 5, United States Code, 
is amended by inserting after section 424 the following:
``Sec. 425. Special provisions concerning the Executive Office of the 
President
``(a) Audits, Investigations, and Issuance of Subpoenas.--
``(1) Authority, direction, and control.--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:
``(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 situations.--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).
``(3) Notice after prohibition.--
``(A) To inspector general.--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.
``(B) To congress.--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:
``(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 included.--Any 
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 president.--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.
``(3) Transmission to congress.--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:
``(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 general.--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.
``(2) Report.--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.''.
(c) Technical and Conforming Amendments.--
(1) In general.--Chapter 4 of title 5, United States Code, 
is amended--
(A) in section 415(a)(2)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) 
through (F) as subparagraphs (C) through (E), 
respectively; and
(B) in section 418, by striking ``or 421'' and 
inserting ``, 421, or 425''.
(2) Table of sections.--The table of sections for chapter 4 
of title 5, United States Code, is amended by adding at the end 
the following:

``425. Special provisions concerning the Executive Office of the 
President.''.
(d) Over-Classification Audit.--
(1) Evaluations required.--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--
(A) 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
(B) 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.
(2) Deadlines for evaluations.--
(A) Initial evaluation.--The first evaluation 
required under paragraph (1) shall be completed not 
later than 1 year after the date of enactment of this 
Act.
(B) Second evaluation.--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.
(3) Coordination.--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.
(4) Reports required.--
(A) In general.--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.
(B) Content.--Each report submitted under 
subparagraph (A) shall include a description of--
(i) the policies, procedures, rules, 
regulations, or management practices, if any, 
identified by the Inspector General under 
paragraph (1)(B); and
(ii) the recommendations, if any, of the 
Inspector General to address any such 
identified policies, procedures, rules, 
regulations, or management practices.
(5) Appropriate entities defined.--In this subsection, the 
term ``appropriate entities'' means 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.
(E) Any other appropriate committee or subcommittee 
of Congress.
(F) The President.
(G) The Director of the Information Security 
Oversight Office.

DIVISION C--MISCELLANEOUS

TITLE XXXI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 3101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 
1309, is amended by adding at the end the following new 
subsection:
``(i) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1 
week after a reportable foreign contact, each political 
committee shall notify the Federal Bureau of Investigation and 
the Commission of the reportable foreign contact and provide a 
summary of the circumstances with respect to such reportable 
foreign contact. The Federal Bureau of Investigation, not later 
than 1 week after receiving a notification from a political 
committee under this paragraph, shall submit to the political 
committee, the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Committee on 
Intelligence of the Senate written or electronic confirmation 
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3 
days after a reportable foreign contact--
``(A) each candidate and each immediate family 
member of a candidate shall notify the treasurer or 
other designated official of the principal campaign 
committee of such candidate of the reportable foreign 
contact and provide a summary of the circumstances with 
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a 
political committee shall notify the treasurer or other 
designated official of the committee of the reportable 
foreign contact and provide a summary of the 
circumstances with respect to such reportable foreign 
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign 
contact' means any direct or indirect contact or 
communication that--
``(i) is between--
``(I) a candidate, an immediate 
family member of the candidate, a 
political committee, or any official, 
employee, or agent of such committee; 
and
``(II) an individual that the 
person described in subclause (I) 
knows, has reason to know, or 
reasonably believes is a covered 
foreign national; and
``(ii) the person described in clause 
(i)(I) knows, has reason to know, or reasonably 
believes involves--
``(I) an offer or other proposal 
for a contribution, donation, 
expenditure, disbursement, or 
solicitation described in section 319; 
or
``(II) coordination or 
collaboration with, an offer or 
provision of information or services to 
or from, or persistent and repeated 
contact with, a covered foreign 
national in connection with an 
election.
``(B) Exceptions.--
``(i) Contacts in official capacity as 
elected official.--The term `reportable foreign 
contact' shall not include any contact or 
communication with a covered foreign national 
by an elected official or an employee of an 
elected official solely in an official capacity 
as such an official or employee.
``(ii) Contacts for purposes of enabling 
observation of elections by international 
observers.--The term `reportable foreign 
contact' shall not include any contact or 
communication with a covered foreign national 
by any person which is made for purposes of 
enabling the observation of elections in the 
United States by a foreign national or the 
observation of elections outside of the United 
States by a candidate, political committee, or 
any official, employee, or agent of such 
committee.
``(iii) Exceptions not applicable if 
contacts or communications involve prohibited 
disbursements.--A contact or communication by 
an elected official or an employee of an 
elected official shall not be considered to be 
made solely in an official capacity for 
purposes of clause (i), and a contact or 
communication shall not be considered to be 
made for purposes of enabling the observation 
of elections for purposes of clause (ii), if 
the contact or communication involves a 
contribution, donation, expenditure, 
disbursement, or solicitation described in 
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the 
term `covered foreign national' means--
``(I) a foreign principal (as 
defined in section 1(b) of the Foreign 
Agents Registration Act of 1938 (22 
U.S.C. 611(b))) that is a government of 
a foreign country or a foreign 
political party;
``(II) any person who acts as an 
agent, representative, employee, or 
servant, or any person who acts in any 
other capacity at the order, request, 
or under the direction or control, of a 
foreign principal described in 
subclause (I) or of a person any of 
whose activities are directly or 
indirectly supervised, directed, 
controlled, financed, or subsidized in 
whole or in major part by a foreign 
principal described in subclause (I); 
or
``(III) any person included in the 
list of specially designated nationals 
and blocked persons maintained by the 
Office of Foreign Assets Control of the 
Department of the Treasury pursuant to 
authorities relating to the imposition 
of sanctions relating to the conduct of 
a foreign principal described in 
subclause (I).
``(ii) Clarification regarding application 
to citizens of the united states.--In the case 
of a citizen of the United States, subclause 
(II) of clause (i) applies only to the extent 
that the person involved acts within the scope 
of that person's status as the agent of a 
foreign principal described in subclause (I) of 
clause (i).
``(4) Immediate family member.--In this subsection, the 
term `immediate family member' means, with respect to a 
candidate, a parent, parent-in-law, spouse, adult child, or 
sibling.''.
(2) Effective date.--The amendment made by paragraph (1) 
shall apply with respect to reportable foreign contacts which 
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C. 
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph 
(7);
(B) by striking the period at the end of paragraph 
(8) and inserting ``; and''; and
(C) by adding at the end the following new 
paragraph:
``(9) for any reportable foreign contact (as defined in 
subsection (i)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated 
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the 
nature of any contribution, donation, expenditure, 
disbursement, or solicitation involved and the nature 
of any activity described in subsection 
(i)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1) 
shall apply with respect to reports filed on or after the 
expiration of the 60-day period which begins on the date of the 
enactment of this Act.

SEC. 3102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE 
SYSTEM.

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

SEC. 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:
``(E) Any person who knowingly and willfully 
commits a violation of subsection (i) or (b)(9) of 
section 304 or section 302(j) shall be fined not more 
than $500,000, imprisoned not more than 5 years, or 
both.
``(F) Any person who knowingly and willfully 
conceals or destroys any materials relating to a 
reportable foreign contact (as defined in section 
304(i)) shall be fined not more than $1,000,000, 
imprisoned not more than 5 years, or both.''.

SEC. 3104. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

(a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees a report relating to notifications received by the Federal 
Bureau of Investigation under section 304(i)(1) of the Federal Election 
Campaign Act of 1971 (as added by section 3101(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a 
minimum, the following with respect to notifications described in 
subsection (a):
(1) The number of such notifications received from 
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by 
the Federal Bureau of Investigation relating to receipt and 
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the 
year covered by the report, a description of any subsequent 
actions taken by the Director resulting from the receipt of 
such notifications.
(c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' has the 
meaning given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003).

SEC. 3105. RULE OF CONSTRUCTION.

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

TITLE XXXII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

SEC. 3201. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.

(a) Clarification of Treatment of Provision of Certain Information 
as Contribution or Donation of a Thing of Value.--Section 319 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by 
adding at the end the following new subsection:
``(c) Clarification of Treatment of Provision of Certain 
Information as Contribution or Donation of a Thing of Value.--For 
purposes of this section, a `contribution or donation of money or other 
thing of value' includes the provision of opposition research, polling, 
or other non-public information relating to a candidate for election 
for a Federal, State, or local office for the purpose of influencing 
the election, regardless of whether such research, polling, or 
information has monetary value, except that nothing in this subsection 
shall be construed to treat the mere provision of an opinion about a 
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All 
Contributions and Donations of Things of Value and to All Solicitations 
of Contributions and Donations of Things of Value.--Section 319(a) of 
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a 
contribution or donation'' and inserting ``promise to make such 
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and 
inserting ``donation of money or other thing of value, or to 
make an express or implied promise to make such a contribution 
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or 
indirectly) a contribution or donation described in 
subparagraph (A) or (B) of paragraph (1), or to solicit, 
accept, or receive (directly or indirectly) an express or 
implied promise to make such a contribution or donation, from a 
foreign national.''.
(c) Enhanced Penalty for Certain Violations.--
(1) In general.--Section 309(d)(1) of such Act (52 U.S.C. 
30109(d)(1)), as amended by section 3103, is further amended by 
adding at the end the following new subparagraph:
``(G)(i) Any person who knowingly and willfully 
commits a violation of section 319 which involves a 
foreign national which is a government of a foreign 
country or a foreign political party, or which involves 
a thing of value consisting of the provision of 
opposition research, polling, or other non-public 
information relating to a candidate for election for a 
Federal, State, or local office for the purpose of 
influencing the election, shall be fined under title 
18, United States Code, or imprisoned for not more than 
5 years, or both.
``(ii) In clause (i), each of the terms `government 
of a foreign country' and `foreign political party' has 
the meaning given such term in section 1 of the Foreign 
Agents Registration Act of 1938, as Amended (22 U.S.C. 
611).''.
(2) Effective date.--The amendment made by paragraph (1) 
shall apply with respect to violations committed on or after 
the date of the enactment of this Act.

SEC. 3202. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL 
COMMITTEES.

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

SEC. 3203. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND 
REFERENDA.

(a) In General.--Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking 
``State, or local election'' and inserting the following: ``State, or 
local election, including a State or local ballot initiative or 
referendum''.
(b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2026 or any succeeding year.

TITLE XXXIII--HONEST ADS

SEC. 3301. SHORT TITLE.

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

SEC. 3302. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

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

SEC. 3303. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

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

SEC. 3304. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
COMMUNICATIONS.

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

SEC. 3305. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

(a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by sections 1309 and 3101, is 
amended by adding at the end the following new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall 
maintain, and make available for online public 
inspection in machine readable format, a 
complete record of any qualified political 
advertisement which is purchased by a person 
whose aggregate purchases of qualified 
political advertisements on such online 
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political 
ads sold by third-party advertising vendors.--
An online platform that displays a qualified 
political advertisement sold by a third-party 
advertising vendor shall include on its own 
platform--
``(I) an easily accessible and 
identifiable link to the records 
maintained by the third-party 
advertising vendor under clause (i) 
regarding such qualified political 
advertisement; or
``(II) in any case in which the 
third-party advertising vendor does not 
make such records available, a 
statement that no records from the 
third-party advertising vendors records 
are available.
``(B) Requirements for advertisers.--Any person who 
purchases a qualified political advertisement on an 
online platform shall provide the online platform with 
such information as is necessary for the online 
platform to comply with the requirements of 
subparagraph (A).
``(2) Contents of record.--A record maintained under 
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political 
advertisement;
``(B) a description of the audience that received 
the advertisement, the number of views generated from 
the advertisement, and the date and time that the 
advertisement is first displayed and last displayed; 
and
``(C) information regarding--
``(i) the total cost of the advertisement 
(which may be rounded to the nearest $100);
``(ii) the name of the candidate to which 
the advertisement refers and the office to 
which the candidate is seeking election, the 
election to which the advertisement refers, or 
the national legislative issue to which the 
advertisement refers (as applicable);
``(iii) in the case of a request made by, 
or on behalf of, a candidate, the name of the 
candidate, the authorized committee of the 
candidate, and the treasurer of such committee; 
and
``(iv) in the case of any request not 
described in clause (iii), the name of the 
person purchasing the advertisement, the name 
and address of a contact person for such 
person, and a list of the chief executive 
officers or members of the executive committee 
or of the board of directors of such person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection, 
subject to subparagraph (B), the term `online platform' 
means any public-facing website, web application, or 
digital application (including a social network, ad 
network, or search engine) which--
``(i)(I) sells qualified political 
advertisements; and
``(II) has 50,000,000 or more unique 
monthly United States visitors or users for a 
majority of months during the preceding 12 
months; or
``(ii) is a third-party advertising vendor 
that has 50,000,000 or more unique monthly 
United States visitors in the aggregate on any 
advertisement space that it has sold or bought 
for a majority of months during the preceding 
12 months, as measured by an independent 
digital ratings service accredited by the Media 
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any 
online platform that is a distribution facility of any 
broadcasting station or newspaper, magazine, blog, 
publication, or periodical.
``(C) Third-party advertising vendor defined.--For 
purposes of this subsection, the term `third-party 
advertising vendor' includes any third-party 
advertising vendor network, advertising agency, 
advertiser, or third-party advertisement serving 
company that buys and sells advertisement space on 
behalf of unaffiliated third-party websites, search 
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of 
this subsection, the term `qualified political advertisement' 
means any advertisement (including search engine marketing, 
display advertisements, video advertisements, native 
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any 
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of 
public importance.
``(5) Time to maintain file.--The information required 
under this subsection shall be made available as soon as 
possible and shall be retained by the online platform for a 
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection, 
multiple versions of an advertisement that contain no material 
differences (such as versions that differ only because they 
contain a recipient's name, or differ only in size, color, 
font, or layout) may be treated as a single qualified political 
advertisement.
``(7) Penalties.--For penalties for failure by online 
platforms, and persons requesting to purchase a qualified 
political advertisement on online platforms, to comply with the 
requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set forth in 
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
(1) for determining whether an advertisement communicates a 
national legislative issue for purposes of section 304(j) of 
the Federal Election Campaign Act of 1971 (as added by 
subsection (a));
(2) requiring common data formats for the record required 
to be maintained under such section 304(j) so that all online 
platforms submit and maintain data online in a common, machine-
readable and publicly accessible format; and
(3) establishing search interface requirements relating to 
such record, including searches by candidate name, issue, 
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement 
of the requirements of section 304(j) of the Federal Election 
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section 
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and 
accountability to political advertisements distributed online 
for free.

SEC. 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:
``(b) Responsibilities of Broadcast Stations, Providers of Cable 
and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast 
station, provider of cable or satellite television, or online 
platform (as defined in section 304(j)(3)) shall make 
reasonable efforts to ensure that communications described in 
section 318(a) and made available by such station, provider, or 
platform are not purchased by a foreign national, directly or 
indirectly.
``(2) Regulations.--Not later than 1 year after the date of 
the enactment of this subsection, the Commission shall 
promulgate regulations on what constitutes reasonable efforts 
under paragraph (1).''.

SEC. 3307. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING 
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE 
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE 
SHARED.

(a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by sections 1309, 3101, and 
3305(a), is amended by adding at the end the following new subsection:
``(k) Ensuring Display and Sharing of Sponsor Identification in 
Online Political Advertisements.--
``(1) Requirement.--Any online platform that displays a 
qualified political advertisement (regardless of whether such 
qualified political advertisement was purchased directly from 
the online platform) shall--
``(A) display with the advertisement a visible 
notice identifying the sponsor of the advertisement 
(or, if it is not practical for the platform to display 
such a notice, a notice that the advertisement is 
sponsored by a person other than the platform); and
``(B) ensure that the notice will continue to be 
displayed if a viewer of the advertisement shares the 
advertisement with others on that platform.
``(2) Safe harbor.--An online platform shall not be treated 
as having failed to comply with the requirements of paragraph 
(1)(A) for the misidentification of a person as the sponsor of 
the advertisement if--
``(A) the person placing the online advertisement 
designated the person displayed in the advertisement as 
the sponsor; and
``(B) the online platform relied on such 
designation in good faith.
``(3) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning 
given such term in subsection (j)(3);
``(B) the term ``qualified political advertisement' 
has the meaning given such term in subsection (j)(4); 
and
``(C) the term `sponsor' means the person 
purchasing the advertisement.''.
(b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to advertisements displayed on or after the 120-day 
period which begins on the date of the enactment of this Act and shall 
take effect without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such amendments.

TITLE XXXIV--PREVENTING A PATRONAGE SYSTEM

SEC. 3401. SHORT TITLE.

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

SEC. 3402. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE SERVICE 
AND TRANSFERRING POSITIONS.

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

TITLE XXXV--USE OF FEDERAL PROPERTY; VISITOR RECORDS

SEC. 3501. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLITICAL 
CONVENTIONS.

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

``612. Prohibition on use of Federal property for certain political 
activities.''.
(c) Application.--
(1) In general.--This 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.
(2) Travel.--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.

SEC. 3502. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.

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

TITLE XXXVI--NO CORPORATE CROOKS

SEC. 3601. SHORT TITLE.

This title may be cited as the ``No Corporate Crooks Act''.

SEC. 3602. RESTRICTION ON SERVICE IN THE EXECUTIVE BRANCH.

(a) Restriction.--
(1) In general.--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.
(2) Covered crime defined.--In this subsection, the term 
``covered crime'' means any of the following:
(A) Any corruption-related offense under Federal 
law, which includes the following:
(i) Bribery, which includes a violation of 
section 201 or 666 of title 18, United States 
Code.
(ii) Copyright infringement, which includes 
a violation of chapter 5 of title 17, United 
States Code.
(iii) Cybercrime, which includes a 
violation of section 1030 of title 18, United 
States Code.
(iv) Embezzlement, which includes a 
violation of chapter 31 of title 18, United 
States Code.
(v) Fraud, which includes a violation of 
chapter 63 of title 18, United States Code.
(vi) Insider trading, which includes a 
violation of section 10 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78j).
(vii) Wage theft, which includes a 
violation of the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.).
(viii) Tax evasion, which includes a 
violation of section 7201 of the Internal 
Revenue Code of 1986.
(B) Any offense under the law of a State that is 
comparable to an offense under Federal law described in 
subparagraph (A).
(b) Penalty.--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.

TITLE XXXVII--RECUSAL OF EXECUTIVE BRANCH OFFICERS AND EMPLOYEES

SEC. 3701. SHORT TITLE.

This title may be cited as the ``Stop Millionaires Using Service 
for Kickbacks Act'' or the ``Stop MUSK Act''.

SEC. 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,''.

TITLE XXXVIII--CLARIFICATION OF DEFINITION OF OFFICIAL ACT

SEC. 3801. SHORT TITLE.

This title may be cited as the ``Closing Bribery Loopholes Act''.

SEC. 3802. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

Section 201(a)(3) of title 18, United States Code, is amended to 
read as follows:
``(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.''.

DIVISION D--SEVERABILITY

TITLE XLI--SEVERABILITY

SEC. 4101. SEVERABILITY.

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