Protecting Our Democracy Act
This bill addresses issues involving (1) abuses of presidential power; (2) checks and balances, accountability, and transparency; and (3) foreign interference in elections.
Specifically, regarding abuses of presidential power, the bill
To address checks and balances, accountability, and transparency, the bill, among other things
To protect against foreign interference in elections, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8363 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8363
To protect our democracy by preventing abuses of presidential power,
restoring checks and balances and accountability and transparency in
government, and defending elections against foreign interference, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2020
Mr. Schiff (for himself, Mr. Nadler, Mrs. Carolyn B. Maloney of New
York, Mr. Yarmuth, Ms. Lofgren, Mr. Engel, Mr. Neal, Mr. Cohen, Mr.
Connolly, Ms. Dean, Mr. Jeffries, Mr. Ted Lieu of California, Ms.
Porter, Mr. Raskin, Ms. Scanlon, Ms. Speier, and Mr. Swalwell of
California) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committees on
the Judiciary, the Budget, Transportation and Infrastructure, Rules,
Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect our democracy by preventing abuses of presidential power,
restoring checks and balances and accountability and transparency in
government, and defending elections against foreign interference, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Democracy Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Preventing Abuses of Presidential Power.
(2) Division B--Restoring Checks and Balances,
Accountability, and Transparency.
(3) Division C--Defending Elections Against Foreign
Interference.
(4) Division D--Severability.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER
TITLE I--ABUSE OF THE PARDON POWER PREVENTION
Sec. 101. Short title.
Sec. 102. Congressional oversight relating to certain pardons.
Sec. 103. Bribery in connection with pardons and commutations.
Sec. 104. Prohibition on presidential self-pardon.
TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW
Sec. 201. Short title.
Sec. 202. Tolling of statute of limitations.
TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES
OF THE CONSTITUTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibition on acceptance of foreign and domestic emoluments.
Sec. 304. Civil actions by Congress concerning foreign emoluments.
Sec. 305. Disclosures concerning foreign and domestic emoluments.
Sec. 306. Enforcement authority of the Director of the Office of
Government Ethics.
Sec. 307. Jurisdiction of the Office of Special Counsel.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND
TRANSPARENCY
TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Enforcement of congressional subpoenas.
Sec. 404. Compliance with congressional subpoenas.
Sec. 405. Rule of construction.
TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE
Sec. 500. Short title.
Subtitle A--Strengthening Congressional Control and Review To Prevent
Impoundment
Sec. 501. Strengthening congressional control.
Sec. 502. Strengthening congressional review.
Sec. 503. Updated authorities for and reporting by the Comptroller
General.
Sec. 504. Advance congressional notification and litigation.
Sec. 505. Penalties for failure to comply with the Impoundment Control
Act of 1974.
Subtitle B--Strengthening Transparency and Reporting
Part 1--Funds Management and Reporting to the Congress
Sec. 511. Expired balance reporting in the President's budget.
Sec. 512. Cancelled balance reporting in the President's budget.
Sec. 513. Lapse in appropriations--Reporting in the President's budget.
Sec. 514. Transfer and other repurposing authority reporting in the
President's budget.
Sec. 515. Authorizing cancellations in indefinite accounts by
appropriation.
Part 2--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 521. Requirement to respond to requests for information from the
Government Accountability Office for budget
and appropriations law decisions.
Sec. 522. Reporting requirements for Antideficiency Act violations.
Sec. 523. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 524. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
Subtitle C--Strengthening Congressional Role in and Oversight of
Emergency Declarations and Designations
Sec. 531. Improving checks and balances on the use of the National
Emergencies Act.
Sec. 532. National Emergencies Act declaration spending reporting in
the President's budget.
Sec. 533. Disclosure to Congress of presidential emergency action
documents.
Sec. 534. Emergency and overseas contingency operations designations by
Congress in statute.
TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Communications logs.
Sec. 604. Rule of construction.
TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE
Subtitle A--Requiring Cause for Removal
Sec. 701. Short title.
Sec. 702. Amendment.
Subtitle B--Inspectors General of Intelligence Community
Sec. 711. Independence of Inspectors General of the Intelligence
Community.
Sec. 712. Authority of Inspectors General of the Intelligence Community
to determine matters of urgent concern.
Sec. 713. Conforming amendments and coordination with other provisions
of law.
Subtitle C--Congressional Notification
Sec. 721. Short title.
Sec. 722. Congressional notification of change in status of Inspector
General.
Sec. 723. Presidential explanation of failure to nominate an Inspector
General.
TITLE VIII--PROTECTING WHISTLEBLOWERS
Subtitle A--Whistleblower Protection Improvement
Sec. 801. Short title.
Sec. 802. Additional whistleblower protections.
Sec. 803. Enhancement of whistleblower protections.
Sec. 804. Classifying certain furloughs as adverse personnel actions.
Sec. 805. Codification of protections for disclosures of censorship
related to research, analysis, or technical
information.
Sec. 806. Technical and conforming amendments.
Subtitle B--Reauthorization of Merit Systems Protection Board
Sec. 811. Short title.
Sec. 812. Reauthorization of Merit Systems Protection Board.
Sec. 813. Authorization of Federal employee surveys for merit systems
studies.
Sec. 814. Whistleblower training for MSPB administrative judges.
Subtitle C--Whistleblowers of the Intelligence Community
Sec. 821. Limitation on sharing of intelligence community whistleblower
complaints with persons named in such
complaints.
Sec. 822. Disclosures to Congress.
Sec. 823. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
TITLE IX--ACCOUNTABILITY FOR ACTING OFFICIALS
Sec. 901. Short title.
Sec. 902. Clarification of Federal Vacancies Reform Act of 1998.
TITLE X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES
Sec. 1001. Short title.
Sec. 1002. Strengthening Hatch Act enforcement and penalties against
political appointees.
DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE
TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 1101. Federal campaign reporting of foreign contacts.
Sec. 1102. Federal campaign foreign contact reporting compliance
system.
Sec. 1103. Criminal penalties.
Sec. 1104. Report to congressional intelligence committees.
Sec. 1105. Rule of construction.
TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 1201. Clarification of application of foreign money ban.
Sec. 1202. Requiring acknowledgment of foreign money ban by political
committees.
DIVISION D--SEVERABILITY
TITLE XIII--SEVERABILITY
Sec. 1301. Severability.
DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER
TITLE I--ABUSE OF THE PARDON POWER PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Abuse of the Pardon Power
Prevention Act''.
SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS.
(a) Submission of Information.--In the event that the President
grants an individual a pardon for a covered offense, not later than 30
days after the date of such pardon--
(1) the Attorney General shall submit to the chairmen and
ranking minority members of the appropriate congressional
committees--
(A) all materials obtained or produced by the
prosecution team, including the Attorney General and
any United States Attorney, and all materials obtained
or prepared by any investigative agency of the United
States government, relating to the offense for which
the individual was so pardoned; and
(B) all materials obtained or produced by the
Department of Justice in relation to the pardon; and
(2) the President shall submit to the chairmen and ranking
minority members of the appropriate congressional committees
all materials obtained or produced within the Executive Office
of the President in relation to the pardon.
(b) Treatment of Information.--Rule 6(e) of the Federal Rules of
Criminal Procedure may not be construed to prohibit the disclosure of
information required by subsection (a) of this section.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of
the Senate; and
(B) if an investigation relates to intelligence or
counterintelligence matters, the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``covered offense'' means--
(A) an offense against the United States that
arises from an investigation in which the President, or
a relative of the President, is a target or subject;
(B) an offense under section 192 of title 2, United
States Code; or
(C) an offense under section 1001, 1505, 1512, or
1621 of title 18, United States Code, provided that the
offense occurred in relation to a Congressional
proceeding or investigation.
(3) The term ``pardon'' includes a commutation of sentence.
(4) The term ``relative'' has the meaning given that term
in section 3110(a) of title 5, United States Code.
SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
the President and the Vice President of the United
States,'' after ``or an officer or employee or
person''; and
(B) in paragraph (3), by inserting before the
period at the end the following: ``, including any
pardon, commutation, or reprieve, or an offer of any
such pardon, commutation, or reprieve''; and
(2) in subsection (b)(3), by inserting ``(including, for
purposes of this paragraph, any pardon, commutation, or
reprieve, or an offer of any such pardon, commutation, or
reprieve)'' after ``corruptly gives, offers, or promises
anything of value''.
SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President's grant of a pardon to himself or herself is void and
of no effect, and shall not deprive the courts of jurisdiction, or
operate to confer on the President any legal immunity from
investigation or prosecution.
TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW
SEC. 201. SHORT TITLE.
This title may be cited as the ``No President is Above the Law
Act''.
SEC. 202. TOLLING OF STATUTE OF LIMITATIONS.
(a) Offenses Committed by the President or Vice President During or
Prior to Tenure in Office.--Section 3282 of title 18, United States
Code, is amended by adding at the end the following:
``(c) Offenses Committed by the President or Vice President During
or Prior to Tenure in Office.--In the case of any person serving as
President or Vice President of the United States, the duration of that
person's tenure in office shall not be considered for purposes of any
statute of limitations applicable to any Federal criminal offense
committed by that person (including any offenses committed during any
period of time preceding such tenure in office).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any offense committed before the date of the enactment of this
section, if the statute of limitations applicable to that offense had
not run as of such date.
TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES
OF THE CONSTITUTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Foreign and Domestic Emoluments
Enforcement Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) The term ``emolument'' means any profit, gain, or
advantage that is received directly or indirectly from any
government of a foreign country, the Federal government, or any
State or local government, or from any instrumentality thereof,
including payments arising from commercial transactions at fair
market value.
(2) The term ``person holding any office of profit or trust
under the United States'' includes the President of the United
States and the Vice-President of the United States.
(3) The term ``government of a foreign country'' has the
meaning given such term in section 1(e) of the Foreign Agents
Registration Act (22 U.S.C. 611(e)).
SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Foreign.--Except as otherwise provided in section 7342 of title
5, United States Code, it shall be unlawful for any person holding an
office of profit or trust under the United States to accept from a
government of a foreign country, without first obtaining the consent of
Congress, any present or emolument, or any office or title. The
prohibition under this subsection applies without regard to whether the
present, emolument, office, or title is--
(1) provided directly or indirectly by that government of a
foreign country; or
(2) provided to that person or to any private business
interest of that person.
(b) Domestic.--It shall be unlawful for the President to accept
from the United States, or any of them, any emolument other than the
compensation for his or her services as President provided for by
Federal law. The prohibition under this subsection applies without
regard to whether the emolument is provided directly or indirectly, and
without regard to whether the emolument is provided to the President or
to any private business interest of the President.
SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN EMOLUMENTS.
(a) Cause of Action.--The House of Representatives or the Senate
may bring a civil action against any person for a violation of
subsection (a) of section 303.
(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
(1) The action shall be filed before the United States
District Court for the District of Columbia.
(2) The action shall be heard by a three-judge court
convened pursuant to section 2284 of title 28, United States
Code. It shall be the duty of such court to advance on the
docket and to expedite to the greatest possible extent the
disposition of any such action. Such action shall be reviewable
only by appeal directly to the Supreme Court of the United
States. Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(3) It shall be the duty of the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any such action and appeal.
(c) Remedy.--If the court determines that a violation of subsection
(a) of section 303 has occurred, the court shall issue an order
enjoining the course of conduct found to constitute the violation, and
such of the following as are appropriate:
(1) The disgorgement of the value of any foreign present or
emolument.
(2) The surrender of the physical present or emolument to
the Department of State, which shall, if practicable, dispose
of the present or emolument and deposit the proceeds into the
United States Treasury.
(3) The renunciation of any office or title accepted in
violation of such subsection.
(4) A prohibition on the use or holding of such an office
or title.
(5) Such other relief as the court determines appropriate.
(d) Use of Government Funds Prohibited.--No appropriated funds,
funds provided from any accounts in the United States Treasury, funds
derived from the collection of fees, or any other Government funds
shall be used to pay any disgorgement imposed by the court pursuant to
this section.
SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC EMOLUMENTS.
(a) Disclosures.--Section 102(a) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
``(9) Any present, emolument, office, or title received
from a government of a foreign country, including the source,
date, type, and amount or value of each present or emolument
accepted on or before the date of filing during the preceding
calendar year.
``(10) Each business interest that is reasonably expected
to result in the receipt of any present or emolument from a
government of a foreign country during the current calendar
year.
``(11) In addition, the President shall report--
``(A) any emolument received from the United
States, or any of them, other than the compensation for
his or her services as President provided for by
Federal law; and
``(B) any business interest that is reasonably
expected to result in the receipt of any emolument from
the United States, or any of them.''.
(b) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to affect the prohibition against the
acceptance of presents and emoluments under section 303.
SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
GOVERNMENT ETHICS.
(a) General Authority.--Section 402(a) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``(a) The Director'' and inserting ``(a)(1)
The Director''; and
(2) by adding at the end the following new paragraph:
``(2) The Director shall provide overall direction of executive
branch policies related to compliance with the Foreign and Domestic
Emoluments Enforcement Act and the amendments made by such Act and
shall have the authority to--
``(A) issue administrative fines to individuals for
violations;
``(B) order individuals to take corrective action,
including disgorgement, divestiture, and recusal, as the
Director deems necessary; and
``(C) bring civil actions to enforce such fines and
orders.''.
(b) Specific Authorities.--Section 402(b) of such Act (5 U.S.C.
App.) is amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) developing and promulgating rules and regulations to
ensure compliance with the Foreign and Domestic Emoluments
Enforcement Act and the amendments made by such Act, including
establishing--
``(A) requirements for reporting and disclosure;
``(B) a schedule of administrative fines that may
be imposed by the Director for violations; and
``(C) a process for referral of matters to the
Office of Special Counsel for investigation in
compliance with section 1216(d) of title 5, United
States Code.''.
SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.
Section 1216 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) any violation of section 303 of the Foreign and
Domestic Emoluments Enforcement Act or of the amendments made
by section 305 of such Act.''; and
(2) by adding at the end the following:
``(d) If the Director of the Office of Government Ethics refers a
matter for investigation pursuant to section 402 of the Ethics in
Government Act of 1978, or if the Special Counsel receives a credible
complaint of a violation referred to in subsection (a)(6), the Special
Counsel shall complete an investigation not later than 120 days
thereafter. If the Special Counsel investigates any violation pursuant
to subsection (a)(6), the Special Counsel shall report not later than 7
days after the completion of such investigation to the Director of the
Office of Government Ethics and to Congress on the results of such
investigation.''.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND
TRANSPARENCY
TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Congressional Subpoena Compliance
and Enforcement Act''.
SEC. 402. FINDINGS.
The Congress finds as follows:
(1) As the Supreme Court has repeatedly affirmed, including
in its July 9, 2020, holding in Trump v. Mazars, Congress'
``power of inquiry--with process to enforce it--is an essential
and appropriate auxiliary to the legislative function''.
Congress' power to obtain information, including through the
issuance of subpoenas and the enforcement of such subpoenas, is
``broad and indispensable''.
(2) Congress ``suffers a concrete and particularized injury
when denied the opportunity to obtain information necessary''
to the exercise of its constitutional functions, as the U.S.
Court of Appeals for the District of Columbia Circuit correctly
recognized in its August 7, 2020, en banc decision in Committee
on the Judiciary of the U.S. House of Representatives v.
McGahn.
(3) Accordingly, the Constitution secures to each House of
Congress an inherent right to enforce its subpoenas in court.
Explicit statutory authorization is not required to secure such
a right of action, and the contrary holding by a divided panel
of the U.S. Court of Appeals for the District of Columbia
Circuit in McGahn, entered on August 31, 2020, was in error.
SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by inserting after section 1365 the following:
``Sec. 1365a. Congressional actions against subpoena recipients
``(a) Cause of Action.--The United States House of Representatives,
the United States Senate, or a committee or subcommittee thereof, may
bring a civil action against the recipient of a subpoena issued by a
congressional committee or subcommittee to enforce compliance with the
subpoena.
``(b) Special Rules.--In any civil action described in subsection
(a), the following rules shall apply:
``(1) The action may be filed in a United States district
court of competent jurisdiction.
``(2) Notwithstanding section 1657(a), it shall be the duty
of every court of the United States to expedite to the greatest
possible extent the disposition of any such action and appeal.
Upon a showing by the plaintiff of undue delay, other
irreparable harm, or good cause, a court to which an appeal of
the action may be taken shall issue any necessary and
appropriate writs and orders to ensure compliance with this
paragraph.
``(3) If a three-judge court is expressly requested by the
plaintiff in the initial pleading, the action shall be heard by
a three-judge court convened pursuant to section 2284, and
shall be reviewable only by appeal directly to the Supreme
Court of the United States. Such appeal shall be taken by the
filing of a notice of appeal within 10 days, and the filing of
a jurisdictional statement within 30 days, of the entry of the
final decision.
``(c) Penalties.--
``(1) Cases involving government agencies.--
``(A) In general.--The court may impose monetary
penalties directly against each head of a Government
agency and the head of each component thereof held to
have knowingly failed to comply with any part of a
congressional subpoena.
``(B) Prohibition on use of government funds.--No
appropriated funds, funds provided from any accounts in
the Treasury, funds derived from the collection of
fees, or other Government funds shall be used to pay
any monetary penalty imposed by the court pursuant to
this paragraph.
``(2) Legal fees.--In addition to any other penalties or
sanctions, the court shall require that any defendant, other
than a Government agency, held to have willfully failed to
comply with any part of a congressional subpoena, pay a penalty
in an amount equal to that party's legal fees, including
attorney's fees, litigation expenses, and other costs. If such
defendant if is an officer or employee of a Government agency,
such fees may be paid from funds appropriated to pay the salary
of the defendant.
``(d) Waiver.--Any ground for noncompliance asserted by the
recipient of a congressional subpoena shall be deemed to have been
waived as to any particular information withheld from production if the
court finds that the recipient failed in a timely manner to comply with
the requirements of section 105(b) of the Revised Statutes of the
United States with respect to such information.
``(e) Rules of Procedure.--The Supreme Court and the Judicial
Conference of the United States shall prescribe rules of procedure to
ensure the expeditious treatment of actions described in subsection
(a). Such rules shall be prescribed and submitted to the Congress
pursuant to sections 2072, 2073, and 2074. This shall include
procedures for expeditiously considering any assertion of
constitutional or Federal statutory privilege made in connection with
testimony by any recipient of a subpoena from a congressional committee
or subcommittee. The Supreme Court shall transmit such rules to
Congress within 6 months after the effective date of this section and
then pursuant to section 2074 thereafter.
``(f) Definition.--For purposes of this section, the term
`Government agency' means any office or entity described in section 105
and 106 of title 3, an executive department listed in section 101 of
title 5, an independent establishment, commission, board, bureau,
division, or office in the executive branch, or other agency or
instrumentality of the Federal Government, including wholly or partly
owned Government corporations.''.
(b) Clerical Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by inserting after the item
relating to section 1365 the following:
``1365a. Congressional actions against subpoena recipients.''.
SEC. 404. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.
(a) In General.--Chapter 7 of title II of the Revised Statutes of
the United States (2 U.S.C. 191 et seq.) is amended--
(1) by adding at the end the following:
``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.
``(a) Subpoena by Congressional Committee.--Any recipient of any
subpoena from a congressional committee or subcommittee shall appear
and testify, produce, or otherwise disclose information in a manner
consistent with the subpoena and this section.
``(b) Failure To Produce Information.--
``(1) Grounds for withholding information.--Unless required
by the Constitution or by Federal statute, no claim of
privilege or protection from disclosure shall be a ground for
withholding information responsive to the subpoena or required
by this section.
``(2) Identification of information withheld.--In the case
of information that is withheld, in whole or in part, by the
subpoena recipient, the subpoena recipient shall, without delay
provide a log containing the following:
``(A) An express assertion and description of the
ground asserted for withholding the information.
``(B) The type of information.
``(C) The general subject matter.
``(D) The date, author, and addressee.
``(E) The relationship of the author and addressee
to each other.
``(F) The custodian of the information.
``(G) Any other descriptive information that may be
produced or disclosed regarding the information that
will enable the congressional committee or subcommittee
issuing the subpoena to assess the ground asserted for
withholding the information.
``(c) Definition.--For purposes of this section the term
`information' includes any books, papers, documents, data, or other
objects requested in a subpoena issued by a congressional committee or
subcommittee.''; and
(2) in section 104, by striking the period at the end and
inserting the following:
``, or the Attorney General for the District of Columbia, in which
case, notwithstanding section 23-101, District of Columbia Official
Code, the offense may be prosecuted by the Attorney General for the
District of Columbia, and shall be punishable by a fine of not more
than $1,000 and imprisonment of not more than 12 months.''.
(b) Clerical Amendment.--The table of contents for chapter 7 of
title II of the Revised Statutes of the United States is amended by
adding at the end the following:
``105. Response to congressional subpoenas.''.
SEC. 405. RULE OF CONSTRUCTION.
Nothing in this title may be interpreted to limit or constrain
Congress' inherent authority or foreclose any other means for enforcing
compliance with congressional subpoenas, nor may anything in this title
be interpreted to establish or recognize any ground for noncompliance
with a congressional subpoena.
TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE
SEC. 500. SHORT TITLE.
This title may be cited as the ``Congressional Power of the Purse
Act''.
Subtitle A--Strengthening Congressional Control and Review To Prevent
Impoundment
SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.) is amended by adding at the end the following:
``prudent obligation of budget authority and specific requirements for
expiring budget authority
``Sec. 1018. (a) Special Message Requirement.--With respect to
budget authority proposed to be rescinded or that is set to be reserved
or proposed to be deferred in a special message transmitted under
section 1012 or 1013, such budget authority--
``(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013; and
``(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority, including,
if applicable, the 90-day period before the expiration of an
initial period of availability for which such budget authority
was provided.
``(b) Administrative Requirement.--With respect to an apportionment
of an appropriation (as that term is defined in section 1511 of title
31, United States Code) made pursuant to section 1512 of such title, an
appropriation shall be apportioned--
``(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
``(2) to make available all amounts for obligation, without
precondition or limitation (including footnotes) that shall be
met prior to obligation, not later than 90 days before the
expiration of the period of availability of such appropriation,
including, if applicable, 90 days before the expiration of an
initial period of availability for which such appropriation was
provided.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act is amended by adding after the item relating to section 1017
the following:
``1018. Prudent obligation of budget authority and specific
requirements for expiring budget
authority.''.
SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.), as amended by section 501(a), is further amended by adding at
the end the following:
``reporting
``Sec. 1019. (a) Apportionment of Appropriations.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Office of Management and Budget
shall complete implementation of an automated system to post
each document apportioning an appropriation, pursuant to
section 1513(b) of title 31, United States Code, including any
associated footnotes, in a format that qualifies each such
document as an Open Government Data Asset (as defined in
section 3502 of title 44, United States Code), not later than 2
business days after the date of approval of such apportionment,
and shall place on such website each document apportioning an
appropriation, pursuant to such section 1513(b), including any
associated footnotes, already approved for the fiscal year, and
shall report the date of completion of such requirements to the
Committees on the Budget and Appropriations of the House of
Representatives and Senate.
``(2) Explanatory statement.--Each document apportioning an
appropriation posted on a publicly accessible website under
paragraph (1) shall also include a written explanation by the
official approving each such apportionment (pursuant to section
1513(b) of title 31, United States Code) of the rationale for
the apportionment schedule and for any footnotes.
``(3) Special process for transmitting classified
documentation to the congress.--The Office of Management and
Budget or the applicable department or agency shall make
available classified documentation relating to apportionment to
appropriate congressional committees on a schedule to be
determined by each such committee.
``(4) Department and agency report.--Each department or
agency shall notify the Committees on the Budget and
Appropriations of the House of Representatives and the Senate
and any other appropriate congressional committees if--
``(A) an apportionment is not made in the required
time period provided in section 1513(b) of title 31,
United States Code;
``(B) an approved apportionment received by the
department or agency conditions the availability of an
appropriation on further action; or
``(C) an approved apportionment received by the
department or agency may hinder the prudent obligation
of such appropriation or the execution of a program,
project, or activity by such department or agency,
and such notification shall contain information identifying the
bureau, account name, appropriation name, and Treasury
Appropriation Fund Symbol or fund account.
``(b) Approving Officials.--
``(1) Delegation of authority.--Not later than 15 days
after the date of enactment of this section, any delegation of
apportionment authority pursuant to section 1513(b) of title
31, United States Code that is in effect as of such date shall
be submitted for publication in the Federal Register. Any
delegation of such apportionment authority after the date of
enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal
Register. The Office of Management and Budget shall publish
such delegations in a format that qualifies such publications
as an Open Government Data Asset (as defined in section 3502 of
title 44, United States Code) on a public internet website,
which shall be continuously updated with the position of each
Federal officer or employee to whom apportionment authority has
been delegated.
``(2) Report to congress.--Not later than 5 days after any
change in the position of the approving official with respect
to such delegated apportionment authority for any account is
made, the Office shall submit a report to the Congress
explaining why such change was made.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 501(b), is further amended by adding
after the item relating to section 1018 the following:
``1019. Reporting.''.
SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY THE COMPTROLLER
GENERAL.
(a) Section 1015 of the Impoundment Control Act of 1974 (2 U.S.C.
686) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Review.--
``(1) In general.--The Comptroller General shall review
compliance with this part and shall submit to the Committees on
the Budget, Appropriations, and Oversight and Reform of the
House of Representatives, the Committees on the Budget,
Appropriations, and Homeland Security and Governmental Affairs
of the Senate, and any other appropriate congressional
committee of the House of Representatives and Senate a report,
and any relevant information related to the report, on any
noncompliance with this part.
``(2) Information, documentation, and views.--The President
or the head of the relevant department or agency of the United
States shall provide information, documentation, and views to
the Comptroller General, as is determined by the Comptroller
General to be necessary to determine such compliance, not later
than 20 days after the date on which the request from the
Comptroller General is received, or if the Comptroller General
determines that a shorter or longer period is appropriate based
on the specific circumstances, within such shorter or longer
period.
``(3) Access.--To carry out the responsibilities of this
part, the Comptroller General shall also have access to
interview the officers, employees, contractors, and other
agents and representatives of a department, agency, or office
of the United States at any reasonable time as the Comptroller
General may request.''.
(b) Section 1001 of the Impoundment Control Act of 1974 (2 U.S.C.
681) is amended--
(1) in paragraph (3), by striking the ``or'' at the end of
the paragraph;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) affecting or limiting in any way the authorities
provided to the Comptroller General under chapter 7 of title
31, United States Code.''.
SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.
Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687)
is amended to read as follows:
``suits by comptroller general
``Sec. 1016. If, under this chapter, budget authority is required
to be made available for obligation and such budget authority is not
made available for obligation or information, documentation, views, or
access are required to be produced and such information, documentation,
views, or access are not produced, the Comptroller General is expressly
empowered, through attorneys of their own selection, to bring a civil
action in the United States District Court for the District of Columbia
to require such budget authority to be made available for obligation or
such information, documentation, views, or access to be produced, and
such court is expressly empowered to enter in such civil action,
against any department, agency, officer, or employee of the United
States, any decree, judgment, or order which may be necessary or
appropriate to make such budget authority available for obligation or
compel production of such information, documentation, views, or access.
No civil action shall be brought by the Comptroller General to require
budget authority be made available under this section until the
expiration of 15 calendar days following the date on which an
explanatory statement by the Comptroller General of the circumstances
giving rise to the action contemplated is filed with the Speaker of the
House of Representatives and the President of the Senate, except that
expiration of such period shall not be required if the Comptroller
General finds (and incorporates the finding in the explanatory
statement filed) that the delay would be contrary to the public
interest.''.
SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE IMPOUNDMENT CONTROL
ACT OF 1974.
(a) In General.--The Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.), as amended by section 502(a), is further amended by adding at
the end the following:
``penalties for failure to comply
``Sec. 1020. (a) Administrative Discipline.--An officer or
employee of the Executive Branch of the United States Government
violating this part shall be subject to appropriate administrative
discipline including, when circumstances warrant, suspension from duty
without pay or removal from office.
``(b) Reporting Violations.--
``(1) In general.--In the event of a violation of section
1001, 1012, 1013, or 1018 of this part, or in the case that the
Government Accountability Office issues a legal decision
concluding that a department, agency, or office of the United
States violated this part, the President or the head of the
relevant department or agency as the case may be, shall report
immediately to Congress all relevant facts and a statement of
actions taken. A copy of each report shall also be transmitted
to the Comptroller General and the relevant inspector general
on the same date the report is transmitted to the Congress.
``(2) Contents.--Any such report shall include a summary of
the facts pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund account,
the amount involved for each violation, the date on which the
violation occurred, the position of any individuals responsible
for the violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, and a statement
of any additional action taken to prevent recurrence of the
same type of violation. In the case that the Government
Accountability Office issues a legal decision concluding that a
department, agency, or office of the United States violated
this part and the relevant department, agency, or office does
not agree that a violation has occurred, the report provided to
Congress, the Comptroller General, and relevant inspector
general will explain its position.
``(3) Opportunity to respond.--If the report identifies the
position of any officer or employee as involved in the
violation, such officer or employee shall be provided a
reasonable opportunity to respond in writing, and any such
response shall be appended to the report.''.
(b) Clerical Amendment.--The table of contents of the Congressional
Budget and Impoundment Control Act of 1974 set forth in section 1(b) of
such Act, as amended by section 502(b), is further amended by adding
after the item relating to section 1019 the following:
``1020. Penalties for failure to comply.''.
Subtitle B--Strengthening Transparency and Reporting
PART 1--FUNDS MANAGEMENT AND REPORTING TO THE CONGRESS
SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following:
``(40) for the budgets for each of fiscal years 2022
through 2026, a report on--
``(A) unobligated expired balances as of the
beginning of the current fiscal year and the beginning
of each of the preceding 2 fiscal years by agency and
the applicable Treasury Appropriation Fund Symbol or
fund account; and
``(B) an explanation of expired balances in any
Treasury Appropriation Fund Symbol or fund account that
exceed the lesser of 5 percent of total appropriations
made available for that account or $100,000,000.''.
SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 511, is further amended by adding at the end the following:
``(41) for the budgets for each of fiscal years 2022
through 2026, a report on--
``(A) cancelled balances (pursuant to section
1552(a)) for the preceding 3 fiscal years by agency and
Treasury Appropriation Fund Symbol or fund account;
``(B) an explanation of cancelled balances in any
Treasury Appropriation Fund Symbol or fund account that
exceed the lesser of 5 percent of total appropriations
made available for that account or $100,000,000; and
``(C) a tabulation, by Treasury Appropriation Fund
Symbol or fund account and appropriation, of all
balances of appropriations available for an indefinite
period in an appropriation account available for an
indefinite period that do not meet the criteria for
closure under section 1555, but for which either--
``(i) the head of the agency concerned or
the President has determined that the purposes
for which the appropriation was made have been
carried out; or
``(ii) no disbursement has been made
against the appropriation--
``(I) in the prior year and the
preceding fiscal year; or
``(II) in the prior year and which
the budget estimates zero disbursements
in the current year.''.
SEC. 513. LAPSE IN APPROPRIATIONS--REPORTING IN THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 512, is further amended by adding at the end the following:
``(42) a report on--
``(A) any obligation or expenditure made by a
department or agency affected in whole or in part by
any lapse in appropriations of 5 consecutive days or
more during the preceding fiscal year; and
``(B)(i) with respect to any such obligation or
expenditure, the amount so obligated or expended, the
account affected, and an explanation of which
Antideficiency Act exceptions permitted the department
or agency, as the case may be, to incur such obligation
or expenditure; and
``(ii) an explanation of any changes in the
application of any Antideficiency Act exception for a
program, project, or activity from any explanations
previously reported on pursuant to this paragraph.''.
SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING IN THE
PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 513, is further amended by adding at the end the following:
``(43) for the budget for fiscal year 2022, a report on--
``(A) any transfer authority or other authority to
repurpose appropriations provided in a law other than
an appropriation act; and
``(B) with respect to any such authority, the
citation to the statute, the list of departments or
agencies covered, an explanation of when such authority
may be used, and an explanation on any use of such
authority in the preceding 3 fiscal years.''.
SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY
APPROPRIATION.
(a) In General.--Subchapter IV of chapter 15 of title 31, United
States Code, is amended by inserting after section 1555 the following:
``SEC. 1555A. CANCELLATION OF APPROPRIATIONS AVAILABLE FOR INDEFINITE
PERIODS WITHIN AN ACCOUNT.
``Any remaining balance (whether obligated or unobligated) from an
appropriation available for an indefinite period in an appropriation
account available for an indefinite period that does not meet the
requirements for closure under section 1555 shall be canceled, and
thereafter shall not be available for obligation or expenditure for any
purpose, if--
``(1) the head of the agency concerned or the President
determines that the purposes for which the appropriation was
made have been carried out; and
``(2) no disbursement has been made against the
appropriation for two consecutive fiscal years.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 15 of title 31, United States Code, is amended by inserting
after the item relating to section 1555 the following:
``1555a. Cancellation of appropriations available for indefinite
periods within an account.''.
PART 2--EMPOWERING CONGRESSIONAL REVIEW THROUGH NONPARTISAN
CONGRESSIONAL AGENCIES AND TRANSPARENCY INITIATIVES
SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE
GOVERNMENT ACCOUNTABILITY OFFICE FOR BUDGET AND
APPROPRIATIONS LAW DECISIONS.
(a) In General.--Subchapter II of chapter 7 of title 31, United
States Code, is amended by adding at the end the following:
``SEC. 722. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION FROM THE
GOVERNMENT ACCOUNTABILITY OFFICE FOR BUDGET AND
APPROPRIATIONS LAW DECISIONS.
``(a) If an executive agency or the District of Columbia government
receives a written request for information, documentation, or views
from the Government Accountability Office relating to a decision or
opinion on budget or appropriations law, the executive agency or the
District of Columbia government shall provide the requested
information, documentation, or views not later than 20 days after
receiving the written request, unless such written request specifically
provides otherwise.
``(b) If an executive agency or the District of Columbia government
fails to respond to the request for information, documentation, or
views within the time required by this section--
``(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and the
Senate of such failure; and
``(2) the Comptroller General is hereby expressly
empowered, through attorneys of their own selection, to bring a
civil action in the United States District Court for the
District of Columbia to require such information,
documentation, or views to be produced, and such court is
expressly empowered to enter in such civil action, against any
department, agency, officer, or employee of the United States,
any decree, judgment, or order which may be necessary or
appropriate to require such production.
``(c) Nothing in this section shall be construed as affecting or
otherwise limiting the authorities provided to the Comptroller General
in section 716 of this title.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 721 the following:
``722. Requirement to respond to requests for information from the
Government Accountability Office for budget
and appropriations law decisions.''.
SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Section 1341 or 1342.--Section 1351 of title 31,
United States Code, is amended--
(1) by striking ``If'' and inserting ``(a) If the
Government Accountability Office, an executive agency, or the
District of Columbia government determines that''; and
(2) by adding at the end the following:
``(b) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury Appropriation Fund
Symbol of the appropriation or fund account, the amount involved for
each violation, the date on which the violation occurred, the position
of any officer or employee responsible for the violation, a statement
of the administrative discipline imposed and any further action taken
with respect to any officer or employee involved in the violation, a
statement of any additional action taken to prevent recurrence of the
same type of violation, a statement of any determination that the
violation was not knowing and willful that has been made by the
executive agency or District of Columbia government, and any written
response by any officer or employee identified by position as involved
in the violation. In the case that the Government Accountability Office
issues a legal decision concluding that section 1341(a) or 1342 was
violated and the executive agency or District of Columbia government,
as applicable, does not agree that a violation has occurred, the report
provided to the President, the Congress, and the Comptroller General
will explain its position.''.
(b) Violations of Section 1517.--Section 1517 of title 31, United
States Code, is amended--
(1) in subsection (b), by striking ``If'' and inserting
``If the Government Accountability Office, an executive agency,
or the District of Columbia government determines that''; and
(2) by adding at the end the following:
``(c) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury Appropriation Fund
Symbol of the appropriation or fund account, the amount involved for
each violation, the date on which the violation occurred, the position
of any officer or employee responsible for the violation, a statement
of the administrative discipline imposed and any further action taken
with respect to any officer or employee involved in the violation, a
statement of any additional action taken to prevent recurrence of the
same type of violation, a statement of any determination that the
violation was not knowing and willful that has been made by the
executive agency or District of Columbia government, and any written
response by any officer or employee identified by position as involved
in the violation. In the case that the Government Accountability Office
issues a legal decision concluding that subsection (a) was violated and
the executive agency or District of Columbia government, as applicable,
does not agree that a violation has occurred, the report provided to
the President, the Congress, and the Comptroller General will explain
its position.''.
SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR
ANTIDEFICIENCY ACT VIOLATIONS.
(a) Violations of Sections 1341 or 1342.--Section 1350 of title 31,
United States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1351, a violation of section 1341(a)
or 1342, the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1341(a) or 1342, as
applicable. If the Attorney General determines that there are such
reasonable grounds, the Attorney General diligently shall investigate a
criminal violation under this section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and the
District of Columbia government--
``(A) the number of reports under section 1351 transmitted
to the President during the preceding calendar year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee of the United States Government or of the District of
Columbia government, a description of each investigation
undertaken in accordance with paragraph (1) during the
preceding calendar year and an explanation of the status of any
such investigation; and
``(D) without identification of any individual officer or
employee of the United States Government or of the District of
Columbia government, an explanation of any update to the status
of any review or investigation previously reported pursuant to
this subsection.''.
(b) Violations of Section 1517.--Section 1519 of title 31, United
States Code, is amended--
(1) by striking ``An officer'' and inserting ``(a) An
officer''; and
(2) by adding at the end the following:
``(b)(1) If an executive agency or the District of Columbia
government reports, under section 1517(b), a violation of section
1517(a), the Attorney General shall promptly review such report and
investigate to the extent necessary to determine whether there are
reasonable grounds to believe that the responsible officer or employee
knowingly and willfully violated such section 1517(a). If the Attorney
General determines that there are such reasonable grounds, the Attorney
General diligently shall investigate a criminal violation under this
section.
``(2) The Attorney General shall submit to Congress and the
Comptroller General on or before March 31 of each calendar year an
annual report detailing separately for each executive agency and the
District of Columbia government--
``(A) the number of reports under section 1517(b)
transmitted to the President during the preceding calendar
year;
``(B) the number of reports reviewed in accordance with
paragraph (1) during the preceding calendar year;
``(C) without identification of any individual officer or
employee of the United States Government or of the District of
Columbia government, a description of each investigation
undertaken in accordance with paragraph (1) during the
preceding calendar year and an explanation of the status of any
such investigation; and
``(D) without identification of any individual officer or
employee of the United States Government or of the District of
Columbia government, an explanation of any update to the status
of any review or investigation previously reported pursuant to
this subsection.''.
SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW OPINIONS OF THE
DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL.
(a) Schedule of Publication for Final OLC Opinions.--Each final
opinion issued by the Office of Legal Counsel of the Department of
Justice relating to section 1301(a), 1341, 1342, 1501, 1502, 1512,
1513, 1515, 1517, or 3302(b) of title 31, United States Code, any
provision of the Balanced Budget and Emergency Deficit Control Act of
1985, the Federal Credit Reform Act of 1990, the Impoundment Control
Act of 1974, an appropriation Act, continuing resolution, or another
provision of law providing or governing appropriations or budget
authority shall be made available on its public website in a manner
that is searchable, sortable, and downloadable in its entirety as soon
as is practicable, but--
(1) not later than 30 days after the opinion is issued or
updated if such action takes place on or after the date of
enactment of this Act;
(2) not later than 1 year after the date of enactment of
this Act for an opinion issued on or after January 20, 1993;
(3) not later than 2 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1981,
and before or on January 19, 1993;
(4) not later than 3 years after the date of enactment of
this Act for an opinion issued on or after January 20, 1969,
and before or on January 19, 1981; and
(5) not later than 4 years after the date of enactment of
this Act for all other opinions.
(b) Exceptions and Limitation on Public Availability of Final OLC
Opinions.--
(1) In general.--A final OLC opinion or part thereof may be
withheld only to the extent--
(A) information contained in the opinion was--
(i) specifically authorized to be kept
secret, under criteria established by an
Executive order, in the interest of national
defense or foreign policy;
(ii) properly classified, including all
procedural and marking requirements, pursuant
to such Executive order;
(iii) the Attorney General determines that
the national defense or foreign policy
interests protected outweigh the public's
interest in access to the information; and
(iv) put through declassification review
within the past two years;
(B) information contained in the opinion relates to
the appointment of a specific individual not confirmed
to Federal office;
(C) information contained in the opinion is
specifically exempted from disclosure by statute (other
than sections 552 and 552b of title 5, United States
Code), if such statute--
(i) requires that the material be withheld
in such a manner as to leave no discretion on
the issue; or
(ii) establishes particular criteria for
withholding or refers to particular types of
material to be withheld;
(D) information in the opinion includes trade
secrets and commercial or financial information
obtained from a person and privileged or confidential
whose disclosure would likely cause substantial harm to
the competitive position of the person from whom the
information was obtained;
(E) the President, in his or her sole and
nondelegable determination, formally and personally
claims in writing that executive privilege prevents the
release of the information and disclosure would cause
specific identifiable harm to an interest protected by
an exception or the disclosure is prohibited by law; or
(F) information in the opinion includes personnel
and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion
of personal privacy.
(2) Determination to withhold.--Any determination under
this subsection to withhold information contained in a final
OLC opinion shall be made by the Attorney General or a designee
of the Attorney General. The determination shall be--
(A) in writing;
(B) made available to the public within the same
timeframe as is required of a formal OLC opinion;
(C) sufficiently detailed as to inform the public
of what kind of information is being withheld and the
reason therefore; and
(D) effective only for a period of 3 years, subject
to review and reissuance, with each reissuance made
available to the public.
(3) Final opinions.--For final OLC opinions for which the
text is withheld in full or in substantial part, a detailed
unclassified summary of the opinion shall be made available to
the public, in the same timeframe as required of the final OLC
opinion, that conveys the essence of the opinion, including any
interpretations of a statute, the Constitution, or other legal
authority. A notation shall be included in any published list
of OLC opinions regarding the extent of the withholdings.
(4) No limitation on freedom of information.--Nothing in
this subsection shall be construed as limiting the availability
of information under section 552 of title 5, United States Code
or construed as an exemption under paragraph (3) of subsection
(b) of such section.
(5) No limitation on relief.--A decision by the Attorney
General to release or withhold information pursuant to this
title shall not preclude any action or relief conferred by
statutory or regulatory regime that empowers any person to
request or demand the release of information.
(6) Reasonably segregable portions of opinions to be
published.--Any reasonably segregable portion of an opinion
shall be provided after withholding of the portions which are
exempt under this section. The amount of information withheld,
and the exemption under which the withholding is made, shall be
indicated on the released portion of the opinion, unless
including that indication would harm an interest protected by
the exemption in this paragraph under which the withholding is
made. If technically feasible, the amount of the information
withheld, and the exemption under which the withholding is
made, shall be indicated at the place in the opinion where such
withholding is made.
(c) Method of Publication.--The Attorney General shall publish each
final OLC opinion to the extent the law permits, including by
publishing the opinions on a publicly accessible website that--
(1) with respect to each opinion--
(A) contains an electronic copy of the opinion,
including any transmittal letter associated with the
opinion, in an open format that is platform independent
and that is available to the public without
restrictions;
(B) provides the public the ability to retrieve an
opinion, to the extent practicable, through searches
based on--
(i) the title of the opinion;
(ii) the date of publication or revision;
or
(iii) the full text of the opinion;
(C) identifies the time and date when the opinion
was required to be published, and when the opinion was
transmitted for publication; and
(D) provides a permanent means of accessing the
opinion electronically;
(2) includes a means for bulk download of all OLC opinions
or a selection of opinions retrieved using a text-based search;
(3) provides free access to the opinions, and does not
charge a fee, require registration, or impose any other
limitation in exchange for access to the website; and
(4) is capable of being upgraded as necessary to carry out
the purposes of this section.
(d) Definitions.--In this section:
(1) OLC opinion.--The term ``OLC opinion'' means views on a
matter of legal interpretation communicated by the Office of
Legal Counsel of the Department of Justice to any other office
or agency, or person in an office or agency, in the Executive
Branch, including any office in the Department of Justice, the
White House, or the Executive Office of the President, and
rendered in accordance with sections 511-513 of title 28,
United States Code. Where the communication of the legal
interpretation takes place verbally, a memorialization of that
communication qualifies as an ``OLC opinion''.
(2) Final olc opinion.--The term ``final OLC opinion''
means an OLC opinion that--
(A) the Attorney General, Assistant Attorney
General for the Office of Legal Counsel, or a Deputy
Assistant General for the Office of Legal Counsel, has
determined is final;
(B) government officials or government contractors
are relying on or have relied on;
(C) is or has been relied upon to formulate legal
guidance; or
(D) is cited in another Office of Legal Counsel
opinion.
Subtitle C--Strengthening Congressional Role in and Oversight of
Emergency Declarations and Designations
SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE OF THE NATIONAL
EMERGENCIES ACT.
(a) Requirements Relating to Declaration and Renewal of National
Emergencies.--Title II of the National Emergencies Act (50 U.S.C. 1621
et seq.) is amended by striking sections 201 and 202 and inserting the
following:
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With respect to
Acts of Congress authorizing the exercise, during the period of a
national emergency, of any special or extraordinary power, the
President is authorized to declare such a national emergency by
proclamation. Such proclamation shall immediately be transmitted to
Congress and published in the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised and
Reporting.--No powers or authorities made available by statute for use
during the period of a national emergency shall be exercised unless and
until the President specifies the provisions of law under which the
President proposes that the President or other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted to
Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President under subsection
(b) with respect to a national emergency, the President may
not, during the remainder of the term of office of that
President, exercise that power or authority with respect to
that emergency.
``(d) Effect of Future Laws.--No law enacted after the date of the
enactment of the Congressional Power of the Purse Act shall supersede
this title unless it does so in specific terms, referring to this
title, and declaring that the new law supersedes the provisions of this
title.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--Unless previously terminated pursuant to
Presidential order or Act of Congress, a declaration of a
national emergency shall remain in effect for 20 session days,
in the case of the Senate, and 20 legislative days, in the case
of the House, from the issuance of the proclamation under
section 201(a) (not counting the day on which the proclamation
was issued) and shall terminate when that period expires unless
there is enacted into law a joint resolution of approval under
section 203 with respect to the proclamation.
``(2) Exercise of powers and authorities.--Unless the
declaration of national emergency has been terminated pursuant
to Presidential order or Act of Congress, any emergency power
or authority made available under a provision of law specified
pursuant to section 201(b) may be exercised pursuant to a
declaration of a national emergency for 20 session days, in the
case of the Senate, and 20 legislative days, in the case of the
House, from the issuance of the proclamation or Executive order
(not counting the day on which such proclamation or Executive
order was issued). That power or authority may not be exercised
after that period expires unless there is enacted into law a
joint resolution of approval under section 203 approving--
``(A) the proclamation of the national emergency or
the Executive order; and
``(B) the exercise of the power or authority
specified by the President in such proclamation or
Executive order.
``(b) Renewal of National Emergencies.--A national emergency
declared by the President under section 201(a) or previously renewed
under this subsection, and not already terminated pursuant to
subsection (a) or (c), shall terminate on the date that is one year
after the President transmitted to Congress the proclamation declaring
the emergency or the enactment of a previous renewal pursuant to this
subsection, unless--
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203 before
the termination of the emergency or previous renewal of the
emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the earliest
of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress
terminating the emergency; or
``(D) the date specified in a proclamation of the
President terminating the emergency.
``(2) Effect of termination.--Effective on the date of the
termination of a national emergency under paragraph (1)--
``(A) any powers or authorities exercised by reason
of the emergency shall cease to be exercised;
``(B) any amounts reprogrammed, repurposed, or
transferred under any provision of law with respect to
the emergency that remain unobligated on that date
shall be returned and made available for the purpose
for which such amounts were appropriated; and
``(C) any contracts entered into under any
provision of law relating to the emergency shall be
terminated.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this section, the
term `joint resolution of approval' means a joint resolution that does
not have a preamble and that contains only the following provisions
after its resolving clause:
``(1) A provision approving one or more--
``(A) proclamations of national emergency made
under section 201(a);
``(B) Executive orders issued under section
201(b)(2); or
``(C) Executive orders issued under section 202(b);
or
``(2) a provision approving a list of all or a portion of
the provisions of law specified by the President under section
201(b) in the proclamations or Executive orders that are the
subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution of
approval may be introduced in either House of Congress by any
member of that House.
``(2) Committee referral in the senate.--In the Senate, a
joint resolution of approval shall be referred to the
appropriate committee.
``(3) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Committee referral.--A joint resolution of
approval shall be referred to the appropriate committee
or committees.
``(B) Reporting and discharge.--If the committee to
which a joint resolution of approval has been referred
has not reported it at the end of 10 calendar days
after its introduction, that committee shall be
discharged from further consideration of the resolution
and it shall be placed on the calendar.
``(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, when a
committee to which a joint resolution of approval is
referred has reported the resolution, or when that
committee is discharged under subparagraph (B) from
further consideration of the resolution, it is at any
time thereafter in order to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against the
motion to proceed to the consideration of the joint
resolution) are waived. The motion to proceed shall be
debatable for 4 hours evenly divided between proponents
and opponents of the joint resolution of approval. The
motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of a joint resolution of approval is
agreed to, the joint resolution shall remain the
unfinished business of the Senate until disposed of.
``(D) Floor consideration.--There shall be 10 hours
of consideration on a joint resolution of approval, to
be divided evenly between the proponents and opponents
of the joint resolution. Of that 10 hours, there shall
be a total of 2 hours of debate on any debatable
motions in connection with the joint resolution, to be
divided evenly between the proponents and opponents of
the joint resolution.
``(E) Amendments.--No amendments shall be in order
with respect to a joint resolution of approval in the
Senate.
``(F) Motion to reconsider vote on passage.--A
motion to reconsider a vote on passage of a joint
resolution of approval shall not be in order.
``(G) Appeals.--Points of order and appeals from
the decision of the Presiding Officer shall be decided
without debate.
``(4) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to
which a joint resolution of approval has been referred
has not reported it to the House within seven
legislative days after the date of referral such
committee shall be discharged from further
consideration of the joint resolution.
``(B)(i) Proceeding to consideration.--Beginning on
the third legislative day after each committee to which
a joint resolution of approval has been referred
reports it to the House or has been discharged from
further consideration thereof, it shall be in order to
move to proceed to consider the joint resolution of
approval in the House. All points of order against the
motion are waived. Such a motion shall not be in order
after the House has disposed of a motion to proceed on
the joint resolution of approval. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
``(ii) Motion.--A motion to proceed to the
consideration of a joint resolution of approval of an
Executive order described in subsection (a)(1) or a
list described in subsection (a)(2) shall not be in
order prior to the enactment of a joint resolution of
approval of the proclamation described in subsection
(a)(1) that is the subject of such Executive order or
list.
``(C) Consideration.--The joint resolution of
approval shall be considered as read. All points of
order against the joint resolution of approval and
against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution of approval to final passage without
intervening motion except two hours of debate equally
divided and controlled by the sponsor of the joint
resolution of approval (or a designee) and an opponent.
A motion to reconsider the vote on passage of the joint
resolution of approval shall not be in order.
``(5) Coordination with action by other house.--
``(A) In general.--If, before the passage by one
House of a joint resolution of approval of that House,
that House receives from the other House a joint
resolution of approval with regard to the same
proclamation or Executive order, then the following
procedures shall apply:
``(i) The joint resolution of approval of
the other House shall not be referred to a
committee.
``(ii) With respect to a joint resolution
of approval of the House receiving the joint
resolution--
``(I) the procedure in that House
shall be the same as if no joint
resolution of approval had been
received from the other House; but
``(II) the vote on passage shall be
on the joint resolution of approval of
the other House.
``(iii) Upon the failure of passage of the
joint resolution of approval of the other
House, the question shall immediately occur on
passage of the joint resolution of approval of
the receiving House.
``(B) Treatment of legislation of other house.--If
one House fails to introduce a joint resolution of
approval under this section, the joint resolution of
approval of the other House shall be entitled to
expedited floor procedures under this section.
``(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
approval which is a revenue measure.
``(6) Treatment of veto message.--Debate on a veto message
in the Senate under this section shall be 1 hour evenly divided
between the majority and minority leaders or their designees.
``(c) Rule of Construction.--The enactment of a joint resolution of
approval under this section shall not be interpreted to serve as a
grant or modification by Congress of statutory authority for the
emergency powers of the President.
``(d) Rules of the House and Senate.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of joint resolutions described in this
section, and supersedes other rules only to the extent that it
is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
``(a) In General.--In the case of a national emergency described in
subsection (b), the provisions of the National Emergencies Act, as in
effect on the day before the date of the enactment of the Congressional
Power of the Purse Act, shall continue to apply on and after such date
of enactment.
``(b) National Emergency Described.--
``(1) In general.--A national emergency described in this
subsection is a national emergency pursuant to which the
President proposes to exercise emergency powers or authorities
made available under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), supplemented as necessary
by a provision of law specified in paragraph (2).
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are--
``(A) the United Nations Participation Act of 1945
(22 U.S.C. 287 et seq.);
``(B) section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)); or
``(C) any provision of law that authorizes the
implementation, imposition, or enforcement of economic
sanctions with respect to a foreign country.
``(c) Effect of Additional Powers and Authorities.--Subsection (a)
shall not apply to a national emergency or the exercise of emergency
powers and authorities pursuant to the national emergency if, in
addition to the exercise of emergency powers and authorities described
in subsection (b), the President proposes to exercise, pursuant to the
national emergency, any emergency powers and authorities under any
other provision of law.''.
(b) Reporting Requirements.--Section 401 of the National
Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the
following:
``(d) Report on Emergencies.--The President shall transmit to
Congress, with any proclamation declaring a national emergency under
section 201(a) or any Executive order specifying emergency powers or
authorities under section 201(b)(2) or renewing a national emergency
under section 202(b), a report, in writing, that includes the
following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified in
the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency cannot
reasonably be estimated at the time of transmission of the
report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds and any contracts anticipated to be entered
into, and the statutory authorities the President and such
officers expect to rely on in addressing the national
emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President shall
provide to Congress such other information as Congress may request in
connection with any national emergency in effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the President
declares a national emergency under section 201(a), the President
shall, not less frequently than every 3 months for the duration of the
emergency, report to Congress on the status of the emergency and the
actions the President or other officers have taken and authorities the
President and such officers have relied on in addressing the
emergency.''.
(c) Exclusion of Imposition of Duties and Import Quotas From
Presidential Authorities Under International Emergency Economic Powers
Act.--Section 203 of the International Emergency Economic Powers Act
(50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this section
does not include the authority to impose duties or tariff-rate quotas
or (subject to paragraph (2)) other quotas on articles entering the
United States.
``(2) The limitation under paragraph (1) does not prohibit the
President from excluding all articles imported from a country from
entering the United States.''.
(d) Conforming Amendments.--
(1) National emergencies act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(2) International emergency economic powers act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(A) in subsection (b), by striking ``concurrent
resolution'' and inserting ``joint resolution'' each
place it appears; and
(B) by adding at the end the following:
``(e) In this section, the term `National Emergencies Act' means
the National Emergencies Act, as in effect on the day before the date
of the enactment of the Congressional Power of the Purse Act.''.
(e) Effective Date; Applicability.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect upon enactment and apply with respect to national
emergencies declared under section 201 of the National
Emergencies Act on or after that date.
(2) Applicability to renewals of existing emergencies.--
When a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of
the Congressional Power of the Purse Act would expire or be
renewed under section 202(d) of that Act (as in effect on the
day before such date of enactment), that national emergency
shall be subject to the requirements for renewal under section
202(b) of that Act, as amended by subsection (a).
SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION SPENDING REPORTING IN
THE PRESIDENT'S BUDGET.
Section 1105(a) of title 31, United States Code, as amended by
section 514, is further amended by adding at the end the following:
``(44)(A) a report on the proposed, planned, and actual
obligations and expenditures of funds (for the prior fiscal
year, the current fiscal year, and the fiscal years for which
the budget is submitted) attributable to the exercise of powers
and authorities made available by statute for each national
emergency declared by the President, currently active or in
effect during the applicable fiscal years.
``(B) Obligations and expenditures contained in the report
under subparagraph (A) shall be organized by Treasury
Appropriation Fund Symbol or fund account and by program,
project, and activity, and include--
``(i) a description of each such program, project,
and activity;
``(ii) the authorities under which such funding
actions are taken; and
``(iii) the purpose and progress of such
obligations and expenditures toward addressing the
applicable national emergency.
``(C) Such report shall include, with respect to any
transfer, reprogramming, or repurposing of funds to address the
applicable national emergency--
``(i) the amount of such transfer, reprogramming,
or repurposing;
``(ii) the authority authorizing each such
transfer, reprogramming, or repurposing; and
``(iii) a description of programs, projects, and
activities affected by such transfer, reprogramming, or
repurposing, including by a reduction in funding.''.
SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY ACTION
DOCUMENTS.
(a) In General.--Not later than 30 days after the conclusion of the
process for approval, adoption, or revision of any presidential
emergency action document, the President shall submit that document to
the appropriate congressional committees.
(b) Documents in Existence Before Date of Enactment.--Not later
than 15 days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees all
presidential emergency action documents in existence before such date
of enactment.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'', with respect to a
presidential emergency action document submitted under
subsection (a) or (b), means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate;
(B) the Committee on Oversight and Reform, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(C) any other committee of the Senate or the House
of Representatives with jurisdiction over the subject
matter addressed in the presidential emergency action
document.
(2) Presidential emergency action document.--The term
``presidential emergency action document'' refers to--
(A) each of the approximately 56 documents
described as presidential emergency action documents in
the budget justification materials for the Office of
Legal Counsel of the Department of Justice submitted to
Congress in support of the budget of the President for
fiscal year 2018; and
(B) any other pre-coordinated legal document in
existence before, on, or after the date of the
enactment of this Act, that--
(i) is designated as a presidential
emergency action document; or
(ii) is designed to implement a
presidential decision or transmit a
presidential request when an emergency disrupts
normal governmental or legislative processes.
SEC. 534. EMERGENCY AND OVERSEAS CONTINGENCY OPERATIONS DESIGNATIONS BY
CONGRESS IN STATUTE.
Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and the President
subsequently so designates''; and
(2) in clause (ii), by striking ``and the President
subsequently so designates''.
TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Security from Political
Interference in Justice Act of 2020''.
SEC. 602. DEFINITIONS.
In this title:
(1) Communications log.--The term ``communications log''
means the log required to be maintained under section 603(a).
(2) Covered communication.--
(A) In general.--The term ``covered communication''
means any communication relating to any contemplated or
ongoing investigation or litigation conducted by the
Department of Justice in any civil or criminal matter
(regardless of whether a civil action or criminal
indictment or information has been filed).
(B) Exceptions.--The term does not include a
communication that is any of the following:
(i) A communication that involves contact
between the President, the Vice President, the
Counsel to the President, or the Principal
Deputy Counsel to the President, and the
Attorney General, the Deputy Attorney General,
or the Associate Attorney General, except to
the extent that the communication concerns a
contemplated or ongoing investigation or
litigation in which a target or subject is one
of the following:
(I) The President, the Vice
President, or a member of the immediate
family of the President or Vice
President.
(II) Any individual working in the
Executive Office of the President who
is compensated at a rate of pay at or
above level II of the Executive
Schedule under section 5313 of title 5,
United States Code.
(III) The current or former chair
or treasurer of any national campaign
committee that sought the election or
seeks the reelection of the President,
or any officer of such a committee
exercising authority at the national
level, during the tenure in office of
the President.
(ii) A communication that involves contact
between an officer or employee of the
Department of Justice and an officer or
employee of the Executive Office of the
President on a particular matter, if any of the
President, the Vice President, the Counsel to
the President, or the Principal Deputy Counsel
to the President, and if any of the Attorney
General, the Deputy Attorney General, or the
Associate Attorney General have designated a
subordinate to carry on such contact, and the
person so designating monitors all subsequent
communications and the person designated keeps
the designating person informed of each such
communication, except to the extent that the
communication concerns a contemplated or
ongoing investigation or litigation in which a
target or subject is one of the following:
(I) The President, the Vice
President, or a member of the immediate
family of the President or Vice
President.
(II) Any individual working in the
Executive Office of the President who
is compensated at a rate of pay at or
above level II of the Executive
Schedule under section 5313 of title 5,
United States Code.
(III) The current or former chair
or treasurer of any national campaign
committee that sought the election or
seeks the reelection of the President,
or any officer of such a committee
exercising authority at the national
level, during the tenure in office of
the President.
(iii) A communication that involves contact
from or to the Deputy Counsel to the President
for National Security Affairs, the staff of the
National Security Council, and the staff of the
Homeland Security Council that relates to a
national security matter, except to the extent
that the communication concerns a pending
adversary case in litigation that may have
national security implications.
(iv) A communication that involves contact
between the Office of the Pardon Attorney of
the Department of Justice and the Counsel to
the President or the Deputy Counsels to the
President relating to pardon matters.
(v) A communication that relates solely to
policy, appointments, legislation, rulemaking,
budgets, public relations or affairs,
programmatic matters, intergovernmental
relations, administrative or personnel matters,
appellate litigation, or requests for legal
advice.
(3) Immediate family.--The term ``immediate family of the
President or Vice President'' means those persons to whom the
President or Vice President--
(A) is related by blood, marriage, or adoption; or
(B) stands in loco parentis.
SEC. 603. COMMUNICATIONS LOGS.
(a) In General.--The Attorney General shall maintain a log of
covered communications.
(b) Contents.--A communications log shall include, with respect to
a covered communication--
(1) the name and title of each officer or employee of the
Department of Justice or the Executive Office of the President
who participated in the covered communication;
(2) the topic of the covered communication; and
(3) a statement describing the purpose and necessity of the
covered communication.
(c) Oversight.--
(1) Periodic disclosure of logs.--Not later than January 30
and July 30 of each year, the Attorney General shall submit to
the Office of the Inspector General of the Department of
Justice a report containing the communications log for the 6-
month period preceding that January or July.
(2) Notice of inappropriate or improper communications.--
The Office of the Inspector General of the Department of
Justice shall--
(A) review each communications log received under
paragraph (1)(A); and
(B) notify the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate if the Inspector General
determines that a covered communication described in
the communications log--
(i) is inappropriate from a law enforcement
perspective; or
(ii) raises concerns about improper
political interference.
SEC. 604. RULE OF CONSTRUCTION.
Nothing in this title may be construed to affect any requirement to
report pursuant to title I of this Act, or the amendments made by that
title.
TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE
Subtitle A--Requiring Cause for Removal
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Inspector General Independence
Act''.
SEC. 702. AMENDMENT.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by striking ``An Inspector General'' and
inserting ``(1) An Inspector General'';
(B) by inserting after ``by the President'' the
following: ``in accordance with paragraph (2)''; and
(C) by inserting at the end the following new
paragraph:
``(2) The President may remove an Inspector General only for any of
the following grounds (and the documentation of any such ground shall
be included in the communication required pursuant to paragraph (1)):
``(A) Documented permanent incapacity.
``(B) Documented neglect of duty.
``(C) Documented malfeasance.
``(D) Documented conviction of a felony or conduct
involving moral turpitude.
``(E) Documented knowing violation of a law or regulation.
``(F) Documented gross mismanagement.
``(G) Documented gross waste of funds.
``(H) Documented abuse of authority.
``(I) Documented inefficiency.''; and
(2) in section 8G(e)(2), by adding at the end the following
new sentence: ``An Inspector General may be removed only for
any of the following grounds (and the documentation of any such
ground shall be included in the communication required pursuant
to this paragraph):
``(A) Documented permanent incapacity.
``(B) Documented neglect of duty.
``(C) Documented malfeasance.
``(D) Documented conviction of a felony or conduct
involving moral turpitude.
``(E) Documented knowing violation of a law or regulation.
``(F) Documented gross mismanagement.
``(G) Documented gross waste of funds.
``(H) Documented abuse of authority.
``(I) Documented inefficiency.''.
Subtitle B--Inspectors General of Intelligence Community
SEC. 711. INDEPENDENCE OF INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended by adding at the end the following new title:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``Subtitle A--Inspectors General
``SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL.
``(a) Removal.--A covered Inspector General may be removed from
office only by the head official. The head official may remove a
covered Inspector General only for any of the following grounds:
``(1) Documented permanent incapacity.
``(2) Documented neglect of duty.
``(3) Documented malfeasance.
``(4) Documented conviction of a felony or conduct
involving moral turpitude.
``(5) Documented knowing violation of a law or regulation.
``(6) Documented gross mismanagement.
``(7) Documented gross waste of funds.
``(8) Documented abuse of authority.
``(9) Documented Inefficiency.
``(b) Administrative Leave.--A covered Inspector General may be
placed on administrative leave only by the head official. The head
official may place a covered Inspector General on administrative leave
only for any of the grounds specified in subsection (a).
``(c) Notification.--The head official may not remove a covered
Inspector General under subsection (a) or place a covered Inspector
General on administrative leave under subsection (b) unless--
``(1) the head official transmits in writing to the
appropriate congressional committees a notification of such
removal or placement, including an explanation of the
documented grounds specified in subsection (a) for such removal
or placement; and
``(2) with respect to the removal of a covered Inspector
General, a period of 30 days elapses following the date of such
transmittal.
``(d) Report.--Not later than 30 days after the date on which the
head official notifies a covered Inspector General of being removed
under subsection (a) or placed on administrative leave under subsection
(b), the office of that Inspector General shall submit to the
appropriate congressional committees a report containing--
``(1) a description of the facts and circumstances of any
pending complaint, investigation, inspection, audit, or other
review or inquiry, including any information, allegation, or
complaint reported to the Attorney General in accordance with
section 535 of title 28, United States Code, that the Inspector
General was working on as of the date of such removal or
placement; and
``(2) any other significant matter that the office of the
Inspector General determines appropriate.
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit a personnel action of a covered Inspector General
otherwise authorized by law, other than transfer or removal.
``(f) Definitions.--In this section:
``(1) Administrative leave.--The term `administrative
leave' includes any other type of paid or unpaid non-duty
status.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
and
``(B) the Committee on Oversight and Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
``(3) Head official.--The term `head official' means--
``(A) with respect to the position of a covered
Inspector General that requires appointment by the
President, by and with the advice and consent of the
Senate, the President; and
``(B) with respect to the position of a covered
Inspector General that requires appointment by a head
of a department or agency of the Federal Government,
the head of such department or agency.''.
(b) Definition.--Section 3 of such Act (50 U.S.C. 3003) is amended
by adding at the end the following new paragraph:
``(8) The term `covered Inspector General' means each of
the following:
``(A) The Inspector General of the Intelligence
Community.
``(B) The Inspector General of the Central
Intelligence Agency.
``(C) The Inspector General of the Defense
Intelligence Agency.
``(D) The Inspector General of the National
Reconnaissance Office.
``(E) The Inspector General of the National
Geospatial-Intelligence Agency.
``(F) The Inspector General of the National
Security Agency.''.
(c) Clerical Amendments.--The table of sections at the beginning of
the National Security Act of 1947 is amended by adding after the items
relating to title XI the end the following new items:
``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY
``SUBTITLE A--INSPECTORS GENERAL
``Sec. 1201. Independence of Inspectors General.''.
SEC. 712. AUTHORITY OF INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY
TO DETERMINE MATTERS OF URGENT CONCERN.
(a) Determination.--
(1) In general.--Title XII of the National Security Act of
1947, as added by section 711, is amended by inserting after
section 1201 the following new section:
``SEC. 1203. DETERMINATION OF MATTERS OF URGENT CONCERN.
``(a) Determination.--Each covered Inspector General shall have
sole authority to determine whether any complaint or information
reported to the Inspector General is a matter of urgent concern. Such
determination is final and conclusive.
``(b) Foreign Interference in Elections.--In addition to any other
matter which is considered an urgent concern pursuant to section
103H(k)(5)(G), section 17(d)(5)(G) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable provision of
law, the term `urgent concern' includes a serious or flagrant problem,
abuse, violation of law or Executive order, or deficiency relating to
foreign interference in elections in the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of the National Security Act of 1947 is amended by
inserting after the item relating to section 1201, as added by
section 711, the following new item:
``Sec. 1203. Determination of matters of urgent concern.''.
(b) Conforming Amendments.--
(1) Intelligence community.--Section 103H(k)(5)(G) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is
amended by striking ``In this paragraph'' and inserting ``In
accordance with section 1203, in this paragraph''.
(2) Central intelligence agency.--Section 17(d)(5)(G) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)(G)) is amended by striking ``In this paragraph'' and
inserting ``In accordance with section 1203 of the National
Security Act of 1947, in this paragraph''.
(c) Reports on Unresolved Differences.--Paragraph (3) of section
103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)) is
amended by adding at the end the following new subparagraph:
``(C) With respect to each report submitted pursuant to
subparagraph (A)(i), the Inspector General shall include in the report,
at a minimum--
``(i) a general description of the unresolved differences,
the particular duties or responsibilities of the Inspector
General involved, and, if such differences relate to a
complaint or information under paragraph (5), a description of
the complaint or information and the entities or individuals
identified in the complaint or information; and
``(ii) to the extent such differences can be attributed not
only to the Director but also to any other official,
department, agency, or office within the executive branch, or a
component thereof, the titles of such official, department,
agency, or office.''.
(d) Clarification of Role of Director of National Intelligence.--
Section 102A(f)(1) of such Act (50 U.S.C. 3024(f)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) The authority of the Director of National
Intelligence under subparagraph (A) includes coordinating and
supervising activities undertaken by elements of the
intelligence community for the purpose of protecting the United
States from any foreign interference in elections in the United
States.''.
SEC. 713. CONFORMING AMENDMENTS AND COORDINATION WITH OTHER PROVISIONS
OF LAW.
(a) Intelligence Community.--Paragraph (4) of section 103H(c) of
the National Security Act of 1947 (50 U.S.C. 3033(c)) is amended to
read as follows:
``(4) The provisions of title XII shall apply to the Inspector
General with respect to the removal of the Inspector General and any
other matter relating to the Inspector General as specifically provided
for in such title.''.
(b) Central Intelligence Agency.--Paragraph (6) of section 17(b) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)) is
amended to read as follows:
``(6) The provisions of title XII of the National Security Act of
1947 shall apply to the Inspector General with respect to the removal
of the Inspector General and any other matter relating to the Inspector
General as specifically provided for in such title.''.
(c) Other Elements.--
(1) In general.--Title XII of the National Security Act of
1947, as added by section 711, is further amended by inserting
after section 1203, as added by section 712(a), the following
new section:
``SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF LAW.
``No provision of law that is inconsistent with any provision of
this title shall be considered to supersede, repeal, or otherwise
modify a provision of this title unless such other provision of law
specifically cites a provision of this title in order to supersede,
repeal, or otherwise modify that provision of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of the National Security Act of 1947 is amended by
inserting after the item relating to section 1203, as added by
section 713, the following new item:
``Sec. 1205. Coordination with other provisions of law.''.
Subtitle C--Congressional Notification
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ``Inspector General Protection
Act''.
SEC. 722. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR
GENERAL.
(a) Change in Status of Inspector General of Offices.--Section 3(b)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``is removed from office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(b) Change in Status of Inspector General of Designated Federal
Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting ``, is placed on paid or unpaid non-duty
status,'' after ``office'';
(2) by inserting ``, change in status,'' after ``any such
removal''; and
(3) by inserting ``, change in status,'' after ``before the
removal''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of the enactment of this Act.
SEC. 723. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR
GENERAL.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following
new section:
``Sec. 3349e. Presidential explanation of failure to nominate an
Inspector General
``If the President fails to make a formal nomination for a vacant
Inspector General position that requires a formal nomination by the
President to be filled within the period beginning on the date on which
the vacancy occurred and ending on the day that is 210 days after that
date, the President shall communicate, within 30 days after the end of
such period, to Congress in writing--
``(1) the reasons why the President has not yet made a
formal nomination; and
``(2) a target date for making a formal nomination.''.
(b) Clerical Amendment.--The table of sections for chapter 33 of
title 5, United States Code, is amended by inserting after the item
relating to 3349d the following new item:
``3349e. Presidential explanation of failure to nominate an Inspector
General.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any vacancy first occurring on or after that date.
TITLE VIII--PROTECTING WHISTLEBLOWERS
Subtitle A--Whistleblower Protection Improvement
SEC. 801. SHORT TITLE.
This subtitle may be cited as the ``Whistleblower Protection
Improvement Act of 2020''.
SEC. 802. ADDITIONAL WHISTLEBLOWER PROTECTIONS.
(a) Investigations as Personnel Actions.--
(1) In general.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) by redesignating clause (xii) as clause (xiii);
and
(C) by adding after the clause (xi) the following:
``(xii) the opening of any investigation as
a result of a disclosure protected by
subsection (b)(8) (but not including any
investigation that is ministerial or
nondiscretionary or that is conducted by an
Inspector General or Special Inspector General
under the authority of the Inspector General
Act of 1978 or any other law granting authority
to an Inspector General or Special Inspector
General); and''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any investigation opened (as described under section
2302(a)(2)(A)(xii) of title 5, United States Code, as added by
such paragraph) on or after the date of enactment of this Act.
(b) Right To Petition Congress.--
(1) In general.--Section 2302(b)(9) of title 5, United
States Code, is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' at the
end after the semicolon; and
(C) by adding at the end the following:
``(E) the exercise of any right protected under
section 7211;''.
(2) Application.--The amendment made by paragraph (1) shall
apply to the exercise of any right described in section
2302(b)(9)(E) of title 5, United States Code, as added by
paragraph (1), occurring on or after the date of enactment of
this Act.
(c) Prohibition on Disclosure of Whistleblower Identity.--
(1) In general.--Section 2302 of title 5, United States
Code, is amended by adding at the end the following:
``(g)(1) No employee of an agency may willfully communicate or
transmit to any individual who is not an officer or employee of the
Government the identity of, or personally identifiable information
about, any other employee who has made, or is suspected to have made, a
disclosure protected by subsection (b)(8), unless--
``(A) the other employee provides express written consent
prior to the communication or transmission;
``(B) the communication or transmission is made in
accordance with the provisions of section 552a;
``(C) the communication or transmission is made to a lawyer
for the sole purpose of providing legal advice to an employee
accused of whistleblower retaliation; or
``(D) the communication or transmission is required or
permitted by any other provision of law.
``(2) In this subsection, the term `officer or employee of the
Government' means--
``(A) the President;
``(B) a Member of Congress;
``(C) a member of the uniformed services;
``(D) an employee as that term is defined in section 2105,
including an employee of the United States Postal Service, the
Postal Regulatory Commission, or the Department of Veterans
Affairs (including any employee appointed pursuant to chapter
73 or 74 of title 38); and
``(E) any other officer or employee in any branch of the
Government of the United States.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any transmission or communication described in
subsection (g) of section 2302 of title 5, United States Code,
as added by paragraph (1), made on or after the date of
enactment of this Act.
(d) Right To Petition Congress.--
(1) In general.--Section 7211 of title 5, United States
Code, is amended to read as follows:
``Sec. 7211. Employees' right to petition or furnish information or
respond to Congress
``(a) In General.--Each officer or employee of the Federal
Government, individually or collectively, has a right to--
``(1) petition Congress or a Member of Congress;
``(2) furnish information, documents, or testimony to
either House of Congress, any Member of Congress, or any
committee or subcommittee of the Congress; or
``(3) respond to any request for information, documents, or
testimony from either House of Congress or any Committee or
subcommittee of Congress.
``(b) Prohibited Actions.--No officer or employee of the Federal
Government may interfere with or deny the right set forth in subsection
(a), including by--
``(1) prohibiting or preventing, or attempting or
threatening to prohibit or prevent, any other officer or
employee of the Federal Government from engaging in activity
protected in subsection (a); or
``(2) removing, suspending from duty without pay, demoting,
reducing in rank, seniority, status, pay, or performance or
efficiency rating, denying promotion to, relocating,
reassigning, transferring, disciplining, or discriminating in
regard to any employment right, entitlement, or benefit, or any
term or condition of employment of, any other officer or
employee of the Federal Government or attempting or threatening
to commit any of the foregoing actions protected in subsection
(a).
``(c) Application.--This section shall not be construed to
authorize disclosure of any information that is--
``(1) specifically prohibited from disclosure by any other
provision of Federal law; or
``(2) specifically required by Executive order to be kept
secret in the interest of national defense or the conduct of
foreign affairs, unless disclosure is otherwise authorized by
law.
``(d) Definition of Officer or Employee of the Federal
Government.--For purposes of this section, the term `officer or
employee of the Federal Government' includes--
``(1) the President;
``(2) a Member of Congress;
``(3) a member of the uniformed services;
``(4) an employee (as that term is defined in section
2105);
``(5) an employee of the United States Postal Service or
the Postal Regulatory Commission; and
``(6) an employee appointed under chapter 73 or 74 of title
38.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 72 of title 5, United States Code, is
amended by striking the item related to section 7211 and
inserting the following:
``7211. Employees' right to petition or furnish information or respond
to Congress.''.
SEC. 803. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS.
(a) Disclosures Relating to Officers or Employees of an Office of
Inspector General.--Section 1213(c) of title 5, United States Code, is
amended by adding at the end the following:
``(3) If the information transmitted under this subsection
disclosed a violation of law, rule, or regulation, or gross
waste, gross mismanagement, abuse of authority, or a
substantial and specific danger to public health or safety, by
any officer or employee of an Office of Inspector General, the
Special Counsel may refer the matter to the Committee of
Inspectors General for Integrity and Efficiency, which shall
comply with the standards and procedures applicable to
investigations and reports under subsection (c).''.
(b) Ensuring Timely Relief.--
(1) Individual right of action.--Section 1221 of title 5,
United States Code, is amended by striking ``section 2302(b)(8)
or section 2302(b)(9)(A)(i), (B), (C), or (D),'' in each
instance and inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13),
or section 2302(g),''.
(2) Stays.--Section 1221(c)(2) of title 5, United States
Code, is amended to read as follows:
``(2) Any stay requested under paragraph (1) shall be
granted within 10 calendar days (excluding Saturdays, Sundays,
and legal holidays) after the date the request is made, if the
Board determines that such a stay would be appropriate. If the
stay request is denied, the employee, former employee, or
applicant may, within 7 days after receiving notice of the
denial, file an appeal for expedited review by the Board. The
agency shall have 7 days thereafter to respond. The Board shall
provide a decision not later than 21 days after receiving the
appeal. During the period of appeal, both parties may
supplement the record with information unavailable to them at
the time the stay was first requested.''.
(3) Access to district court; jury trials.--Section 1221(i)
of title 5, United States Code, is amended--
(A) by striking ``(i) Subsections'' and inserting
``(i)(1) Subsections''; and
(B) by adding at the end the following:
``(2)(A) If, in the case of an employee, former employee, or
applicant for employment who seeks corrective action from the Merit
Systems Protection Board based on an alleged prohibited personnel
practice described in section 2302(b)(8), section 2302(b)(9)(A)(i),
(B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no
final order or decision is issued by the Board within 180 days after
the date on which a request for such corrective action has been duly
submitted to the Board, such employee, former employee, or applicant
may, after providing written notice to the Special Counsel and the
Board and only within 20 days after providing such notice, bring an
action for review de novo before the appropriate United States district
court, and such action shall, at the request of either party to such
action, be tried before a jury. Upon filing of an action with the
appropriate United States district court, any proceedings before the
Board shall cease and the employee, former employee, or applicant for
employment waives any right to refile with the Board.
``(B) If the Board certifies (in writing) to the parties of a case
that the complexity of such case requires a longer period of review,
subparagraph (A) shall be applied by substituting `240 days' for `180
days'.
``(C) In any such action brought before a United States district
court under subparagraph (A), the court--
``(i) shall apply the standards set forth in subsection
(e); and
``(ii) may award any relief which the court considers
appropriate, including any relief described in subsection
(g).''.
(c) Recipients of Whistleblower Disclosures.--Section 2302(b)(8)(B)
of title 5, United States Code, is amended by striking ``or to the
Inspector General of an agency or another employee designated by the
head of the agency to receive such disclosures'' and inserting ``the
Inspector General of an agency, a supervisor in the employee's direct
chain of command up to and including the head of the employing agency,
or to an employee designated by any of the aforementioned individuals
for the purpose of receiving such disclosures''.
(d) Attorney Fees.--Section 7703(a) of title 5, United States Code,
is amended by adding at the end the following:
``(3) If an employee, former employee, or applicant for
employment is the prevailing party under an appeal under this
section, the employee, former employee, or applicant for
employment shall be entitled to attorney fees for all
representation carried out pursuant to this section. In such an
action for attorney fees, the agency responsible for taking the
personnel action shall be the respondent and shall be
responsible for paying the fees.''.
(e) Extending Whistleblower Protection Act to Certain Employees.--
Section 2302(a)(2)(A) of title 5, United States Code, is amended in the
matter following clause (xiii)--
(1) by inserting ``subsection (b)(9)(A)(i), (B), (C), (D),
or (E), subsection (b)(13), or subsection (g),'' after
``subsection (b)(8),''; and
(2) by inserting after ``title 31'' the following: ``, a
commissioned officer or applicant for employment in the Public
Health Service, and a noncareer appointee in the Senior
Executive Service''.
(f) Relief.--Section 7701(b)(2)(A) of title 5, United States Code,
is amended by striking ``upon the making of the decision'' and
inserting ``upon making of the decision, necessary to make the employee
whole as if there had been no prohibited personnel practice, including
training, seniority and promotions consistent with the employee's prior
record,''.
SEC. 804. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE PERSONNEL ACTIONS.
(a) In General.--Section 7512 of title 5, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) a furlough of more than 14 days but less than 30
days; and
``(6) a furlough of 13 days or less that is not due to a
lapse in appropriations;''.
(b) Application.--The amendment made by subsection (a) shall apply
to any furlough covered by such section 7512(5) or (6) (as amended by
such subsection) occurring on or after the date of enactment of this
Act.
SEC. 805. CODIFICATION OF PROTECTIONS FOR DISCLOSURES OF CENSORSHIP
RELATED TO RESEARCH, ANALYSIS, OR TECHNICAL INFORMATION.
(a) In General.--Section 2302 of title 5, United States Code, as
amended by section 802(c)(1), is further amended by adding at the end
the following:
``(h)(1) In this subsection--
``(A) the term `applicant' means an applicant for a covered
position;
``(B) the term `censorship related to research, analysis,
or technical information' means any effort to distort,
misrepresent, or suppress research, analysis, or technical
information; and
``(C) the term `employee' means an employee in a covered
position in an agency.
``(2)(A) Any disclosure of information by an employee or applicant
for employment that the employee or applicant reasonably believes is
evidence of censorship related to research, analysis, or technical
information--
``(i) shall come within the protections of subsection
(b)(8)(A) if--
``(I) the employee or applicant reasonably believes
that the censorship related to research, analysis, or
technical information is or will cause--
``(aa) any violation of law, rule, or
regulation; or
``(bb) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety; and
``(II) such disclosure is not specifically
prohibited by law or such information is not
specifically required by Executive order to be kept
classified in the interest of national defense or the
conduct of foreign affairs; and
``(ii) shall come within the protections of subsection
(b)(8)(B) if--
``(I) the employee or applicant reasonably believes
that the censorship related to research, analysis, or
technical information is or will cause--
``(aa) any violation of law, rule, or
regulation; or
``(bb) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety; and
``(II) the disclosure is made to the Special
Counsel, or to the Inspector General of an agency or
another person designated by the head of the agency to
receive such disclosures, consistent with the
protection of sources and methods.
``(3) A disclosure shall not be excluded from paragraph (2) for any
reason described under subsection (f)(1) or (2).
``(4) Nothing in this subsection shall be construed to imply any
limitation on the protections of employees and applicants afforded by
any other provision of law, including protections with respect to any
disclosure of information believed to be evidence of censorship related
to research, analysis, or technical information.''.
(b) Repeal.--
(1) In general.--Section 110 of the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199) is
hereby repealed.
(2) Rule of construction.--Nothing in this section shall be
construed to limit or otherwise affect any action under such
section 110 commenced before the date of enactment of this Act
or any protections afforded by such section with respect to
such action.
SEC. 806. TECHNICAL AND CONFORMING AMENDMENTS.
Title 5, United States Code, is amended--
(1) in section 1212(h), by striking ``or (9)'' in each
instance and inserting ``, (b)(9), (b)(13), or (g)'';
(2) in section 1214(a)--
(A) by striking ``section 2302(b)(8) or section
2302(b)(9)(A)(i), (B), (C), or (D)'' in each instance
and inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E), section
2302(b)(13), or section 2302(g)''; and
(B) in subsection (i), by striking ``section
2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of
section 2302(b)(9)'' and inserting ``section
2302(b)(8), subparagraph (A)(i), (B), (C), (D), or (E)
of section 2302(b)(9), section 2302(b)(13), or section
2302(g)'';
(3) in section 1215, by striking ``section 2302(b)(8), or
2302(b)(9)(A)(i), (B), (C), or (D)'' in each instance and
inserting ``section 2302(b)(8), section 2302(b)(9)(A)(i), (B),
(C), (D), or (E), section 2302(b)(13), or section 2302(g)'';
(4) in section 2302--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``or
(g)'' after ``subsection (b)''; and
(ii) in paragraph (2)(C)(i), by striking
``subsection (b)(8) or section
2302(b)(9)(A)(i), (B), (C), or (D)'' and
inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E),
section 2302(b)(13), or section 2302(g)''; and
(B) in subsection (c)(1)(B), by striking
``paragraph (8) or subparagraph (A)(i), (B), (C), or
(D) of paragraph (9) of subsection (b)'' and inserting
``paragraph (8), subparagraph (A)(i), (B), (C), or (D)
of paragraph (9), or paragraph (13) of subsection (b)
or subsection (g)'';
(5) in section 7515(a)(2), by striking ``paragraph (8),
(9), or (14) of section 2302(b)'' and inserting ``paragraph
(8), (9), (13), or (14) of section 2302(b) or section
2302(g)'';
(6) in section 7701(c)(2)(B), by inserting ``or section
2302(g)'' after ``section 2302(b)''; and
(7) in section 7703(b)(1)(B), by striking ``section
2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' in each
instance and inserting ``section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13),
or section 2302(g)''.
Subtitle B--Reauthorization of Merit Systems Protection Board
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``Merit Systems Protection Board
Empowerment Act of 2020''.
SEC. 812. REAUTHORIZATION OF MERIT SYSTEMS PROTECTION BOARD.
Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5
U.S.C. 5509 note) is amended by striking ``2003, 2004, 2005, 2006, and
2007'' and inserting ``2021, 2022, 2023, 2024, and 2025''.
SEC. 813. AUTHORIZATION OF FEDERAL EMPLOYEE SURVEYS FOR MERIT SYSTEMS
STUDIES.
Section 1204(e)(3) of title 5, United States Code, is amended by--
(1) striking ``(3) In carrying'' and inserting ``(3)(A) In
carrying''; and
(2) adding at the end the following:
``(B) The Office of Personnel Management and other agencies shall--
``(i) provide assistance to the Board to facilitate the
conduct by the Board of surveys of employees; and
``(ii) upon request, unless otherwise prohibited by law,
provide to the Board records and information concerning
applicants for Federal employment.''.
SEC. 814. WHISTLEBLOWER TRAINING FOR MSPB ADMINISTRATIVE JUDGES.
Section 7701(b)(1) of title 5, United States Code, is amended to
read as follows:
``(1)(A) The Board may hear any case appealed to it or may
refer the case to an administrative law judge appointed under
section 3105 or other employee of the Board designated by the
Board to hear such cases, except that any case involving--
``(i) a removal from the service shall be heard by
the Board, an employee experienced in hearing appeals,
or an administrative law judge; and
``(ii) an alleged prohibited personnel practice in
violation of section 2302(b)(8), section
2302(b)(9)(A)(i), (B), (C) or (D), or section
2302(b)(13) shall be heard by the Board or an
administrative law judge or other employee of the Board
designated by the Board to hear such cases who has
successfully completed training regarding protections
afforded by the Whistleblower Protection Act of 1989.
``(B) The Board, administrative law judge, or other
employee shall make a decision after receipt of the written
representations of the parties to the appeal and after
opportunity for a hearing under subsection (a)(1) of this
section. A copy of the decision shall be furnished to each
party to the appeal and to the Office of Personnel
Management.''.
Subtitle C--Whistleblowers of the Intelligence Community
SEC. 821. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
COMPLAINTS WITH PERSONS NAMED IN SUCH COMPLAINTS.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 711, is further amended by inserting after section
1205, as added by section 713(c), the following new subtitle:
``Subtitle B--Protections for Whistleblowers
``SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY
WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH
COMPLAINTS.
``(a) In General.--It shall be unlawful for any employee or officer
of the Federal Government to knowingly and willfully share any
whistleblower disclosure information with any individual named as a
subject of the whistleblower disclosure and alleged in the disclosure
to have engaged in misconduct, unless--
``(1) the whistleblower consented, in writing, to such
sharing before the sharing occurs;
``(2) a covered Inspector General to whom such disclosure
is made--
``(A) determines that such sharing is necessary to
advance an investigation, audit, inspection, review, or
evaluation by the Inspector General; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs; or
``(3) an attorney for the Government--
``(A) determines that such sharing is necessary to
advance an investigation by the attorney; and
``(B) notifies the whistleblower of such sharing
before the sharing occurs.
``(b) Whistleblower Disclosure Information Defined.--In this
section, the term `whistleblower disclosure information' means, with
respect to a whistleblower disclosure--
``(1) the disclosure;
``(2) confirmation of the fact of the existence of the
disclosure; or
``(3) the identity, or other identifying information, of
the whistleblower who made the disclosure.''.
(b) Technical and Clerical Amendments.--
(1) Transfer.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended as follows:
(A) Section 1104 is--
(i) transferred to title XII of such Act,
as added by section 711;
(ii) inserted before section 1223 of such
Act, as added by this section; and
(iii) redesignated as section 1221.
(B) Section 1106 is--
(i) amended by striking ``section 1104''
each place it appears and inserting ``section
1221'';
(ii) transferred to title XII of such Act,
as added by section 711;
(iii) inserted after section 1223 of such
Act, as added by this section; and
(iv) redesignated as section 1225.
(2) Clerical amendments.--The table of sections at the
beginning of the National Security Act of 1947 is amended--
(A) by striking the items relating to section 1104
and section 1106; and
(B) by inserting after the item relating to section
1205 the following new items:
``SUBTITLE B--PROTECTIONS FOR WHISTLEBLOWERS
``Sec. 1221. Prohibited personnel practices in the intelligence
community.
``Sec. 1223. Limitation on sharing of intelligence community
whistleblower complaints with persons named
in such complaints.
``Sec. 1225. Inspector General external review panel.''.
(c) Definitions.--Section 3 of such Act (50 U.S.C. 3003), as
amended by section 711, is further amended by adding at the end the
following new paragraphs:
``(9) The term `whistleblower' means a person who makes a
whistleblower disclosure.
``(10) The term `whistleblower disclosure' means a
disclosure that is protected under section 1221 of this Act or
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)).''.
(d) Conforming Amendment.--Section 5331 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020 (division E of Public Law 116-92; 50 U.S.C.
3033 note) is amended by striking ``section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234)'' and inserting ``section 1221 of
the National Security Act of 1947''.
SEC. 822. DISCLOSURES TO CONGRESS.
(a) In General.--Title XII of the National Security Act of 1947, as
added by section 711, is further amended by inserting after section
1225, as designated by section 821(b), the following new section:
``SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.
``(a) Guidance.--
``(1) Obligation to provide security direction upon
request.--Upon the request of a whistleblower, the head of the
relevant element of the intelligence community, acting through
the covered Inspector General for that element, shall furnish
on a confidential basis to the whistleblower information
regarding how the whistleblower may directly contact the
congressional intelligence committees, in accordance with
appropriate security practices, regarding a complaint or
information of the whistleblower pursuant to section
103H(k)(5)(D) or other appropriate provision of law.
``(2) Nondisclosure.--Unless a whistleblower who makes a
request under paragraph (1) provides prior consent, a covered
Inspector General may not disclose to the head of the relevant
element of the intelligence community--
``(A) the identity of the whistleblower; or
``(B) the element at which such whistleblower is
employed, detailed, or assigned as a contractor
employee.
``(b) Oversight of Obligation.--If a covered Inspector General
determines that the head of an element of the intelligence community
denied a request by a whistleblower under subsection (a), directed the
whistleblower not to contact the congressional intelligence committees,
or unreasonably delayed in providing information under such subsection,
the covered Inspector General shall notify the congressional
intelligence committees of such denial, direction, or unreasonable
delay.
``(c) Permanent Security Officer.--The head of each element of the
intelligence community may designate a permanent security officer in
the element to provide to whistleblowers the information under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
the National Security Act of 1947 is amended by inserting after the
item relating to section 1225, as added by section 821(b), the
following new item:
``Sec. 1227. Procedures regarding disclosures to Congress.''.
(c) Conforming Amendment.--Section 103H(k)(5)(D)(i) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding
at the end the following: ``The employee may request information
pursuant to section 1227 with respect to contacting such committees.''.
SEC. 823. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Paragraph (3) of subsection (a) of section 1221 of
the National Security Act of 1947, as designated by section
821(b)(1)(A), is amended--
(1) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of such employee or such contractor
employee without the express written consent of such
employee or such contractor employee or if the
Inspector General determines such disclosure is
necessary for the exclusive purpose of investigating a
complaint or information received under section 8H of
the Inspector General Act of 1978 (5 U.S.C. App. 8H);
or''.
(b) Applicability to Detailees.--Such subsection is amended by
adding at the end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (d) of such section is amended to
read as follows:
``(d) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Private right of action for unlawful, willful
disclosure of whistleblower identity.--In a case in which an
employee of an agency, or other employee or officer of the
Federal Government, takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which a contractor employee
takes a personnel action described in such subsection against
another contractor employee as a reprisal in violation of
subsection (c), the employee or contractor employee against
whom the personnel action was taken may bring a private action
for all appropriate remedies, including injunctive relief and
compensatory and punitive damages, against the employee or
contractor employee who took the personnel action, in a Federal
district court of competent jurisdiction within 180 days of
when the employee or contractor employee first learned of or
should have learned of the violation.''.
TITLE IX--ACCOUNTABILITY FOR ACTING OFFICIALS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Accountability for Acting
Officials Act''.
SEC. 902. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.
(a) First Assistant Requirements.--Section 3345 of title 5, United
States Code, is amended as follows:
(1) In subsection (a)--
(A) in paragraph (1), by adding at the end before
the semi-colon the following: ``, but, and except as
provided in subsection (e), only if the individual
serving in the position of first assistant has occupied
such position for a period of at least 30 days during
the 365-day period preceding the date of the death,
resignation, or beginning of inability to serve''; and
(B) by striking subparagraph (A) of paragraph (3)
and inserting the following:
``(A) the officer or employee served in a position
in such agency for a period of at least 1 year
preceding the date of death, resignation, or beginning
of inability to serve of the applicable officer; and''.
(2) By adding at the end the following:
``(d) For purposes of this section, a position shall be considered
to be the first assistant to the office with respect to which a vacancy
occurs only if such position has been designated, at least 30 days
before the date of the vacancy, by law, rule, or regulation as the
first assistant position. The previous sentence shall begin to apply on
the date that is 180 days after the date of enactment of the
Accountability for Acting Officials Act.
``(e) The 30-day service requirement in subsection (a)(1) shall not
apply to any individual who is a first assistant if--
``(1) the office of such first assistant is an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate; and
``(2) the Senate has approved the appointment of such
individual to such office.''.
(b) Qualifications.--Section 3345(b) of title 5, United States
Code, is amended by adding at the end the following:
``(3) Any individual directed to perform the functions and duties
of the vacant office temporarily in an acting capacity under subsection
(a)(2) or (f) shall possess the qualifications (if any) set forth in
law, rule, or regulation that are otherwise applicable to an individual
appointed by the President, by and with the advice and consent of the
Senate, to occupy such office.''.
(c) Application to Individuals Removed From Office.--Paragraph (2)
of section 3345(c) of title 5, United States Code, is amended by
inserting after ``the expiration of a term of office'' the following:
``or removal (voluntarily or involuntarily) from office''.
(d) Vacancy of Inspector General Positions.--
(1) In general.--Section 3345 of title 5, United States
Code, as amended by subsection (a)(2), is further amended by
adding at the end the following:
``(f)(1) Notwithstanding subsection (a), if an Inspector General
position that requires appointment by the President by and with the
advice and consent of the Senate to be filled is vacant, the first
assistant of such position shall perform the functions and duties of
the Inspector General temporarily in an acting capacity subject to the
time limitations of section 3346.
``(2) Notwithstanding subsection (a), if for purposes of carrying
out paragraph (1) of this subsection, by reason of absence, disability,
or vacancy, the first assistant to the position of Inspector General is
not available to perform the functions and duties of the Inspector
General, an acting Inspector General shall be appointed by the
President from among individuals serving in an office of any Inspector
General, provided that--
``(A) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of the
applicable Inspector General, the individual served in a
position in an office of any Inspector General for not less
than 90 days; and
``(B) the rate of pay for the position of such individual
is equal to or greater than the minimum rate of pay payable for
a position at GS-15 of the General Schedule.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to any vacancy first occurring with respect to an
Inspector General position on or after the date of enactment of
this Act.
(e) Testimony of Acting Officials Before Congress.--Section 3345 of
title 5, United States Code, as amended by subsection (d)(1), is
further amended by adding at the end the following:
``(g)(1) Any individual serving as an acting officer due to a
vacancy to which this section applies, or any individual who has served
in such capacity and continues to perform the same or similar duties
beyond the time limits described in section 3346, shall appear, at
least once during any 60-day period that the individual is so serving,
before the appropriate committees of jurisdiction of the House of
Representatives and the Senate.
``(2) Paragraph (1) may be waived upon mutual agreement of the
chairs and ranking minority members of such committees.''.
(f) Time Limitation for Principal Officers.--Section 3346 of title
5, United States Code, is amended--
(1) in subsection (a), by inserting ``or as provided in
subsection (d)'' after ``sickness''; and
(2) by adding at the end the following:
``(d) With respect to the vacancy of the position of head of any
agency listed in subsection (b) of section 901 of title 31, or any
other position that is within the President's cabinet and to which this
section applies, subsections (a) through (c) of this section and
sections 3348(c), 3349(b), and 3349a(b) shall be applied by
substituting `120' for `210' in each instance.''.
(g) Exclusivity.--Section 3347 of title 5, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Notwithstanding subsection (a), any statutory provision
covered under paragraph (1) of such subsection that contains a non-
discretionary order or directive to designate an officer or employee to
perform the functions and duties of a specified office temporarily in
an acting capacity shall be the exclusive means for temporarily
authorizing an acting official to perform the functions and duties of
such office.''.
(h) Reporting of Vacancies.--
(1) In general.--Section 3349 of title 5, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking ``immediately upon'' in
each instance and inserting ``not later than 7
days after'';
(ii) in paragraph (3), by striking ``and''
at the end;
(iii) in paragraph (4), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(5) notification of the end of the term of service of any
person serving in an acting capacity and the name of any
subsequent person serving in an acting capacity and the date
the service of such subsequent person began not later than 7
days after such date.''; and
(B) in subsection (b), by striking ``immediately''
and inserting ``not later than 14 days after the date
of such determination''.
(2) Technical corrections.--Paragraphs (1) and (2) of
subsection (b) of such section 3349 are amended to read as
follows:
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(2) the Committee on Oversight and Reform of the House of
Representatives;''.
(i) Vacancies During Presidential Inaugural Transitions.--
Subsection (b) of section 3349a of title 5, United States Code, is
amended to read as follows:
``(b) Notwithstanding section 3346 (except as provided in paragraph
(2) of this subsection) or 3348(c), with respect to any vacancy that
exists on a transitional inauguration day, or that arises during the
60-day period beginning on such day, the person serving as an acting
officer as described under section 3345 may serve in the office--
``(1) for no longer than 300 days beginning on such day; or
``(2) subject to subsection 3346(b), once a first or second
nomination for the office is submitted to the Senate, from the
date of such nomination for the period that the nomination is
pending in the Senate.''.
TITLE X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Hatch Act Accountability Act''.
SEC. 1002. STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES AGAINST
POLITICAL APPOINTEES.
(a) Investigations by Office of Special Counsel.--Section 1216 of
title 5, United States Code, as amended by section 307, is amended--
(1) in subsection (c), by striking ``(1),''; and
(2) by adding at the end the following:
``(e)(1) In addition to the authority otherwise provided in this
chapter, the Special Counsel--
``(A) shall conduct an investigation with respect to any
allegation concerning political activity prohibited under
subchapter III of chapter 73 (relating to political activities
by Federal employees); and
``(B) may, regardless of whether the Special Counsel has
received an allegation, conduct any investigation as the
Special Counsel considers necessary concerning political
activity prohibited under such subchapter.
``(2) With respect to any investigation under paragraph (1), the
Special Counsel may seek corrective action under section 1214 and
disciplinary action under section 1215 in the same way as if a
prohibited personnel practice were involved.
``(f)(1) Consistent with paragraph (3), if after an investigation
under subsection (d)(1) the Special Counsel determines that a political
appointee has violated section 7323 or 7324, the Special Counsel may
assess an administrative fine, not to exceed $50,000, against such
political appointee.
``(2)(A) Any political appointee assessed a fine under paragraph
(1) shall have the opportunity to request a hearing in a time and
manner prescribed for by regulations issued by the Special Counsel.
``(B) If a political appointee assessed a fine under paragraph (1)
does not request a hearing under subparagraph (A), the decision of the
Special Counsel finding a violation and assessing a fine shall be
considered a final decision and shall not be subject to judicial
review.
``(C) If a political appointee requests a hearing under
subparagraph (A), the Special Counsel shall conduct a hearing in
accordance with section 554 and issue a final decision not more than 30
days after the conclusion of the hearing.
``(D) Not later than 30 days after the issuance of a final decision
by the Special Counsel under subparagraph (C), the political appointee
who is the subject of the final decision may file an action seeking
judicial review in accordance with section 702.
``(E) Consistent with paragraph (3), the Special Counsel may file a
civil action in the district courts of the United States seeking an
order and such other relief as the court deems appropriate to enforce a
final decision by the Special Counsel under this paragraph.
``(3) The Special Counsel may not assess an administrative fine or
file a civil action to enforce a final decision of the Special Counsel
under paragraph (2)--
``(A) unless no disciplinary action or civil penalty has
been taken or assessed, respectively, against the political
appointee pursuant to section 7326; and
``(B) until on or after the date that is 90 days after the
date that the complaint regarding the political appointee was
presented to the President under section 1215(b).
``(4)(A) Not later than 90 days after receiving from the Special
Counsel a complaint recommending disciplinary action under section
1215(b) with respect to a political appointee for a violation of
section 7323 or 7324, the President shall provide a written statement
to the Special Counsel on whether the President imposed the recommended
disciplinary action, imposed another form of disciplinary action, or
took no disciplinary action against the political appointee.
``(B) Not later than 14 days after receiving a written statement
under subparagraph (A)--
``(i) the Special Counsel shall submit the written
statement to the Committee on Oversight and Reform of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(ii) publish the written statement on the public website
of the Office of Special Counsel.
``(5) Not later than 14 days after the date that the Special
Counsel determines a political appointee has violated section 7323 or
7324, the Special Counsel shall--
``(A) submit a report on the investigation into such
political appointee, and any communications sent from the
Special Counsel to the President recommending discipline of
such political appointee, to the Committee on Oversight and
Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(B) publish the report and such communications on the
public website of the Office of Special Counsel.
``(6) In this subsection, the term `political appointee' means any
individual, other than the President and the Vice-President, employed
or holding office--
``(A) in the Executive Office of the President, the Office
of the Vice President, and any other office of the White House,
but not including any career employee; or
``(B) in a confidential, policy-making, policy-determining,
or policy-advocating position appointed by the President, by
and with the advice and consent of the Senate (other than an
individual in the Foreign Service of the United States).''.
(b) Clarification on Application of Hatch Act to EOP and OVP
Employees.--Section 7322(1)(A) of title 5, United States Code, is
amended by inserting after ``Executive agency'' the following: ``,
including the Executive Office of the President, the Office of the Vice
President, and any other office of the White House,''.
DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE
TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS
SEC. 1101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at
the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation and
the Commission of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact. The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a candidate shall notify the treasurer or
other designated official of the principal campaign
committee of such candidate of the reportable foreign
contact and provide a summary of the circumstances with
respect to such reportable foreign contact; and
``(B) each official, employee, or agent of a
political committee shall notify the treasurer or other
designated official of the committee of the reportable
foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign
contact' means any direct or indirect contact or
communication that--
``(i) is between--
``(I) a candidate, an immediate
family member of the candidate, a
political committee, or any official,
employee, or agent of such committee;
and
``(II) an individual that the
person described in subclause (I)
knows, has reason to know, or
reasonably believes is a covered
foreign national; and
``(ii) the person described in clause
(i)(I) knows, has reason to know, or reasonably
believes involves--
``(I) an offer or other proposal
for a contribution, donation,
expenditure, disbursement, or
solicitation described in section 319;
or
``(II) coordination or
collaboration with, an offer or
provision of information or services to
or from, or persistent and repeated
contact with, a covered foreign
national in connection with an
election.
``(B) Exceptions.--
``(i) Contacts in official capacity as
elected official.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by an elected official or an employee of an
elected official solely in an official capacity
as such an official or employee.
``(ii) Contacts for purposes of enabling
observation of elections by international
observers.--The term `reportable foreign
contact' shall not include any contact or
communication with a covered foreign national
by any person which is made for purposes of
enabling the observation of elections in the
United States by a foreign national or the
observation of elections outside of the United
States by a candidate, political committee, or
any official, employee, or agent of such
committee.
``(iii) Exceptions not applicable if
contacts or communications involve prohibited
disbursements.--A contact or communication by
an elected official or an employee of an
elected official shall not be considered to be
made solely in an official capacity for
purposes of clause (i), and a contact or
communication shall not be considered to be
made for purposes of enabling the observation
of elections for purposes of clause (ii), if
the contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described in
section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the
term `covered foreign national' means--
``(I) a foreign principal (as
defined in section 1(b) of the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611(b))) that is a government of
a foreign country or a foreign
political party;
``(II) any person who acts as an
agent, representative, employee, or
servant, or any person who acts in any
other capacity at the order, request,
or under the direction or control, of a
foreign principal described in
subclause (I) or of a person any of
whose activities are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in major part by a foreign
principal described in subclause (I);
or
``(III) any person included in the
list of specially designated nationals
and blocked persons maintained by the
Office of Foreign Assets Control of the
Department of the Treasury pursuant to
authorities relating to the imposition
of sanctions relating to the conduct of
a foreign principal described in
subclause (I).
``(ii) Clarification regarding application
to citizens of the united states.--In the case
of a citizen of the United States, subclause
(II) of clause (i) applies only to the extent
that the person involved acts within the scope
of that person's status as the agent of a
foreign principal described in subclause (I) of
clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated
official of the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the
nature of any contribution, donation, expenditure,
disbursement, or solicitation involved and the nature
of any activity described in subsection
(j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 1102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE
SYSTEM.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following
new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents of
such committee to notify the treasurer or other appropriate
designated official of the committee of any reportable foreign
contact (as defined in section 304(j)) not later than 3 days
after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides for
the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report
filed under section 304(a), the treasurer of each
political committee (other than an authorized
committee) shall certify that--
``(i) the committee has in place policies
that meet the requirements of paragraphs (1)
and (2);
``(ii) the committee has designated an
official to monitor compliance with such
policies; and
``(iii) not later than 1 week after the
beginning of any formal or informal affiliation
with the committee, all officials, employees,
and agents of such committee will--
``(I) receive notice of such
policies;
``(II) be informed of the
prohibitions under section 319; and
``(III) sign a certification
affirming their understanding of such
policies and prohibitions.
``(B) Authorized committees.--With respect to an
authorized committee, the candidate shall make the
certification required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after
the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act, each
political committee under the Federal Election Campaign Act of
1971 shall file a certification with the Federal Election
Commission that the committee is in compliance with the
requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 1103. CRIMINAL PENALTIES.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109(d)(1)) is amended by adding at the end the following new
subparagraphs:
``(E) Any person who knowingly and willfully commits a violation of
subsection (j) or (b)(9) of section 304 or section 302(j) shall be
fined not more than $500,000, imprisoned not more than 5 years, or
both.
``(F) Any person who knowingly and willfully conceals or destroys
any materials relating to a reportable foreign contact (as defined in
section 304(j)) shall be fined not more than $1,000,000, imprisoned not
more than 5 years, or both.''.
SEC. 1104. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees a report relating to notifications received by the Federal
Bureau of Investigation under section 304(j)(1) of the Federal Election
Campaign Act of 1971 (as added by section 1101(a) of this Act).
(b) Elements.--Each report under subsection (a) shall include, at a
minimum, the following with respect to notifications described in
subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1105. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title shall be
construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a
national of the United States, as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent
residence, as defined by section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS
SEC. 1201. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.
(a) Clarification of Treatment of Provision of Certain Information
as Contribution or Donation of a Thing of Value.--Section 319 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by
adding at the end the following new subsection:
``(c) Clarification of Treatment of Provision of Certain
Information as Contribution or Donation of a Thing of Value.--For
purposes of this section, a `contribution or donation of money or other
thing of value' includes the provision of opposition research, polling,
or other non-public information relating to a candidate for election
for a Federal, State, or local office for the purpose of influencing
the election, regardless of whether such research, polling, or
information has monetary value, except that nothing in this subsection
shall be construed to treat the mere provision of an opinion about a
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All
Contributions and Donations of Things of Value and to All Solicitations
of Contributions and Donations of Things of Value.--Section 319(a) of
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a
contribution or donation'' and inserting ``promise to make such
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and
inserting ``donation of money or other thing of value, or to
make an express or implied promise to make such a contribution
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or
indirectly) a contribution or donation described in
subparagraph (A) or (B) of paragraph (1), or to solicit,
accept, or receive (directly or indirectly) an express or
implied promise to make such a contribution or donation, from a
foreign national.''.
(c) Enhanced Penalty for Certain Violations.--
(1) In general.--Section 309(d)(1) of such Act (52 U.S.C.
30109(d)(1)), as amended by section 1103, is further amended by
adding at the end the following new subparagraph:
``(G)(i) Any person who knowingly and willfully commits a violation
of section 319 which involves a foreign national which is a government
of a foreign country or a foreign political party, or which involves a
thing of value consisting of the provision of opposition research,
polling, or other non-public information relating to a candidate for
election for a Federal, State, or local office for the purpose of
influencing the election, shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(ii) In clause (i), each of the terms `government of a foreign
country' and `foreign political party' has the meaning given such term
in section 1 of the Foreign Agents Registration Act of 1938, as Amended
(22 U.S.C. 611).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to violations committed on or after
the date of the enactment of this Act.
SEC. 1202. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY POLITICAL
COMMITTEES.
(a) Provision of Information by Federal Election Commission.--
Section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30103) is amended by adding at the end the following new subsection:
``(e) Acknowledgment of Foreign Money Ban.--
``(1) Notification by commission.--Not later than 30 days
after a political committee files its statement of organization
under subsection (a), and biennially thereafter until the
committee terminates, the Commission shall provide the
committee with a written explanation of section 319.
``(2) Acknowledgment by committee.--
``(A) In general.--Not later than 30 days after
receiving the written explanation of section 319 under
paragraph (1), the committee shall transmit to the
Commission a signed certification that the committee
has received such written explanation and has provided
a copy of the explanation to all members, employees,
contractors, and volunteers of the committee.
``(B) Person responsible for signature.--The
certification required under subparagraph (A) shall be
signed--
``(i) in the case of an authorized
committee of a candidate, by the candidate; or
``(ii) in the case of any other political
committee, by the treasurer of the
committee.''.
(b) Effective Date; Transition for Existing Committees.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file
statements of organization under section 303 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103) on or after the
date of the enactment of this Act.
(2) Transition for existing committees.--
(A) Notification by federal election commission.--
Not later than 90 days after the date of the enactment
of this Act, the Federal Election Commission shall
provide each political committee under such Act with
the written explanation of section 319 of such Act, as
required under section 303(e)(1) of such Act (as added
by subsection (a)).
(B) Acknowledgment by committee.--Not later than 30
days after receiving the written explanation under
subparagraph (A), each political committee under such
Act shall transmit to the Federal Election Commission
the signed certification, as required under section
303(e)(2) of such Act (as added by subsection (a)).
DIVISION D--SEVERABILITY
TITLE XIII--SEVERABILITY
SEC. 1301. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.