II 

117TH CONGRESS 

1ST SESSION S. 2921 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2021 

Ms. KLOBUCHAR (for herself, Mr. BLUMENTHAL, Mr. COONS, Mrs. FEINSTEIN, Ms. HIRONO, Mr. MERKLEY, Mr. SANDERS, Ms. WARREN, and 

Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Our Democ5 racy Act’’. 


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into divisions 

4 as follows: 

5 (1) Division A—Preventing Abuses of Presi6 dential Power. 

7 (2) Division B—Restoring Checks and Bal8 ances, Accountability, and Transparency. 

9 (3) Division C—Defending Elections Against 

10 Foreign Interference. 

11 (4) Division D—Severability. 

12 (b) TABLE OF CONTENTS.—The table of contents of 

13 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. 


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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. 


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TITLE VI—SECURITY FROM POLITICAL INTERFERENCE IN 

JUSTICE 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Communications logs. 

Sec. 604. Rule of construction. 

TITLE VII—PROTECTING INSPECTOR GENERAL INDEPENDENCE 

Subtitle A—Requiring Cause for Removal 

Sec. 701. Short title. 

Sec. 702. Amendment. 

Sec. 703. Removal or transfer requirements. 

Subtitle B—Inspectors General of Intelligence Community 

Sec. 711. Independence of Inspectors General of the Intelligence Community. 

Sec. 712. Authority of Inspectors General of the Intelligence Community to determine matters of urgent concern. 

Sec. 713. Conforming amendments and coordination with other provisions of 

law. 

Subtitle C—Congressional Notification 

Sec. 721. Short title. 

Sec. 722. Change in status of Inspector General offices. 

Sec. 723. Presidential explanation of failure to nominate an Inspector General. 

TITLE VIII—PROTECTING WHISTLEBLOWERS 

Sec. 801. Short title. 

Subtitle A—Whistleblower Protection Improvement 

Sec. 811. Additional whistleblower protections. 

Sec. 812. Enhancement of whistleblower protections. 

Sec. 813. Classifying certain furloughs as adverse personnel actions. 

Sec. 814. Codification of protections for disclosures of censorship related to research, analysis, or technical information. 

Sec. 815. Title 5 technical and conforming amendments. 

Subtitle B—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 


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Sec. 1001. Short title. 

Sec. 1002. Strengthening Hatch Act enforcement and penalties against political 

appointees. 

TITLE XI—PROMOTING EFFICIENT PRESIDENTIAL TRANSITIONS 

Sec. 1101. Short title. 

Sec. 1102. Ascertainment of successful candidates in general elections for purposes of presidential transition. 

TITLE XII—PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

TRANSPARENCY 

Sec. 1201. Presidential and Vice Presidential tax transparency. 

DIVISION C—DEFENDING ELECTIONS AGAINST FOREIGN 

INTERFERENCE 

TITLE XIII—REPORTING FOREIGN INTERFERENCE IN ELECTIONS 

Sec. 1301. Federal campaign reporting of foreign contacts. 

Sec. 1302. Federal campaign foreign contact reporting compliance system. 

Sec. 1303. Criminal penalties. 

Sec. 1304. Report to congressional intelligence committees. 

Sec. 1305. Rule of construction. 

TITLE XIV—ELIMINATING FOREIGN INTERFERENCE IN 

ELECTIONS 

Sec. 1401. Clarification of application of foreign money ban. 

Sec. 1402. Requiring acknowledgment of foreign money ban by political committees. 

DIVISION D—SEVERABILITY 

TITLE XV—SEVERABILITY 

Sec. 1501. Severability. 

1 DIVISION A—PREVENTING 

2 ABUSES OF PRESIDENTIAL 

3 POWER 

4 TITLE I—ABUSE OF THE PARDON 

5 POWER PREVENTION 

6 SEC. 101. SHORT TITLE. 

7 This title may be cited as the ‘‘Abuse of the Pardon 

8 Power Prevention Act’’. 


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1 SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CER2 TAIN PARDONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on the Judiciary of the 

8 Senate and the Committee on the Judiciary of 

9 the House of Representatives; and 

10 (B) if an investigation relates to intel11 ligence or counterintelligence matters, the Se12 lect Committee on Intelligence of the Senate 

13 and the Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 (2) COVERED OFFENSE.—The term ‘‘covered 

16 offense’’ means— 

17 (A) an offense against the United States 

18 that arises from an investigation in which the 

19 President, or a relative of the President, is a 

20 target or subject; 

21 (B) an offense under section 102 of the 

22 Revised Statutes of the United States (2 U.S.C. 

23 192); or 

24 (C) an offense under section 1001, 1505, 

25 1512, or 1621 of title 18, United States Code, 


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1 if the offense occurred in relation to a Congres2 sional proceeding or investigation. 

3 (3) PARDON.—The term ‘‘pardon’’ includes a 

4 commutation of sentence. 

5 (4) RELATIVE.—The term ‘‘relative’’ has the 

6 meaning given that term in section 3110 of title 5, 

7 United States Code. 

8 (b) SUBMISSION OF INFORMATION.—If the President 

9 grants an individual a pardon for a covered offense, not 

10 later than 30 days after the date of such pardon the Attor11 ney General shall submit to the chairpersons and ranking 

12 members of the appropriate congressional committees— 

13 (1) all materials obtained or produced by the 

14 prosecution team, including the Attorney General 

15 and any United States Attorney, and all materials 

16 obtained or prepared by any investigative agency of 

17 the United States government, relating to the of18 fense for which the individual was so pardoned; and 

19 (2) all materials obtained or produced by the 

20 Department of Justice in relation to the pardon. 

21 (c) TREATMENT OF INFORMATION.—Rule 6(e) of the 

22 Federal Rules of Criminal Procedure shall not be con23 strued to prohibit the disclosure of information required 

24 by subsection (b). 


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1 SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND 

2 COMMUTATIONS. 

3 Section 201 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by inserting ‘‘, in7 cluding the President and the Vice President of 

8 the United States,’’ after ‘‘or an officer or em9 ployee or person’’; and 

10 (B) in paragraph (3), by inserting before 

11 the period at the end the following: ‘‘, including 

12 any pardon, commutation, or reprieve, or an 

13 offer of any such pardon, commutation, or re14 prieve’’; and 

15 (2) in subsection (b)(3), by inserting ‘‘(includ16 ing, for purposes of this paragraph, any pardon, 

17 commutation, or reprieve, or an offer of any such 

18 pardon, commutation, or reprieve)’’ after ‘‘corruptly 

19 gives, offers, or promises anything of value’’. 

20 SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON. 

21 If the President grants a pardon to himself or herself, 

22 the pardon— 

23 (1) shall be void and of no effect; and 

24 (2) shall not— 

25 (A) deprive the courts of jurisdiction; or 


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1 (B) operate to confer on the President any 

2 legal immunity from investigation or prosecu3 tion. 

4 TITLE II—ENSURING NO 

5 PRESIDENT IS ABOVE THE LAW 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘No President is Above 

8 the Law Act’’. 

9 SEC. 202. TOLLING OF STATUTE OF LIMITATIONS. 

10 (a) OFFENSES COMMITTED BY THE PRESIDENT OR

11 VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF12 FICE.—Section 3282 of title 18, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(c) OFFENSES COMMITTED BY THE PRESIDENT OR

15 VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF16 FICE.—In the case of any person serving as President or 

17 Vice President of the United States, the duration of that 

18 person’s tenure in office shall not be considered for pur19 poses of any statute of limitations applicable to any Fed20 eral criminal offense committed by that person (including 

21 any offenses committed during any period of time pre22 ceding such tenure in office).’’. 

23 (b) APPLICABILITY.—The amendments made by sub24 section (a) shall apply to any offense committed before the 

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1 tions applicable to that offense had not run as of such 

2 date. 

3 TITLE III—ENFORCEMENT OF 

4 THE FOREIGN AND DOMESTIC 

5 EMOLUMENTS CLAUSES OF 

6 THE CONSTITUTION 

7 SEC. 301. SHORT TITLE. 

8 This title may be cited as the ‘‘Foreign and Domestic 

9 Emoluments Enforcement Act’’. 

10 SEC. 302. DEFINITIONS. 

11 In this title: 

12 (1) The term ‘‘emolument’’ means any profit, 

13 gain, or advantage that is received directly or indi14 rectly from any government of a foreign country, the 

15 Federal Government, or any State or local govern16 ment, or from any instrumentality thereof, including 

17 payments arising from commercial transactions at 

18 fair market value. 

19 (2) The term ‘‘person holding any office of 

20 profit or trust under the United States’’ includes the 

21 President of the United States and the Vice-Presi22 dent of the United States. 

23 (3) The term ‘‘government of a foreign coun24 try’’ has the meaning given such term in section 1(e) 


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1 of the Foreign Agents Registration Act of 1938, as 

2 amended (22 U.S.C. 611(e)). 

3 SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND 

4 DOMESTIC EMOLUMENTS. 

5 (a) FOREIGN.—Except as otherwise provided in sec6 tion 7342 of title 5, United States Code, it shall be unlaw7 ful for any person holding an office of profit or trust under 

8 the United States to accept from a government of a for9 eign country, without first obtaining the consent of Con10 gress, any present or emolument, or any office or title. 

11 The prohibition under this subsection applies without re12 gard to whether the present, emolument, office, or title 

13 is— 

14 (1) provided directly or indirectly by that gov15 ernment of a foreign country; or 

16 (2) provided to that person or to any private 

17 business interest of that person. 

18 (b) DOMESTIC.—It shall be unlawful for the Presi19 dent to accept from the United States, or any of them, 

20 any emolument other than the compensation for his or her 

21 services as President provided for by Federal law. The 

22 prohibition under this subsection applies without regard 

23 to whether the emolument is provided directly or indi24 rectly, and without regard to whether the emolument is 


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1 provided to the President or to any private business inter2 est of the President. 

3 SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOR4 EIGN EMOLUMENTS. 

5 (a) CAUSE OF ACTION.—The Senate or the House 

6 of Representatives may bring a civil action against any 

7 person for a violation of subsection (a) of section 303. 

8 (b) SPECIAL RULES.—In any civil action described 

9 in subsection (a), the following rules shall apply: 

10 (1) The action shall be filed before the United 

11 States District Court for the District of Columbia. 

12 (2) The action shall be heard by a three-judge 

13 court convened pursuant to section 2284 of title 28, 

14 United States Code. It shall be the duty of such 

15 court to advance on the docket and to expedite to 

16 the greatest possible extent the disposition of any 

17 such action. Such action shall be reviewable only by 

18 appeal directly to the Supreme Court of the United 

19 States. Such appeal shall be taken by the filing of 

20 a notice of appeal within 10 days, and the filing of 

21 a jurisdictional statement within 30 days, of the 

22 entry of the final decision. 

23 (3) It shall be the duty of the Supreme Court 

24 of the United States to advance on the docket and 


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1 to expedite to the greatest possible extent the dis2 position of any such action and appeal. 

3 (c) REMEDY.—If the court determines that a viola4 tion of subsection (a) of section 303 has occurred, the 

5 court shall issue an order enjoining the course of conduct 

6 found to constitute the violation, and such of the following 

7 as are appropriate: 

8 (1) The disgorgement of the value of any for9 eign present or emolument. 

10 (2) The surrender of the physical present or 

11 emolument to the Department of State, which shall, 

12 if practicable, dispose of the present or emolument 

13 and deposit the proceeds into the United States 

14 Treasury. 

15 (3) The renunciation of any office or title ac16 cepted in violation of such subsection. 

17 (4) A prohibition on the use or holding of such 

18 an office or title. 

19 (5) Such other relief as the court determines 

20 appropriate. 

21 (d) USE OF GOVERNMENT FUNDS PROHIBITED.—No 

22 appropriated funds, funds provided from any accounts in 

23 the United States Treasury, funds derived from the collec24 tion of fees, or any other Government funds shall be used 


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1 to pay any disgorgement imposed by the court pursuant 

2 to this section. 

3 SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DO4 MESTIC EMOLUMENTS. 

5 (a) DISCLOSURES.—Section 102(a) of the Ethics in 

6 Government Act of 1978 (5 U.S.C. App.) is amended by 

7 adding at the end the following: 

8 ‘‘(9) Any present, emolument, office, or title re9 ceived from a government of a foreign country, in10 cluding the source, date, type, and amount or value 

11 of each present or emolument accepted on or before 

12 the date of filing during the preceding calendar year. 

13 ‘‘(10) Each business interest that is reasonably 

14 expected to result in the receipt of any present or 

15 emolument from a government of a foreign country 

16 during the current calendar year. 

17 ‘‘(11) In addition, the President shall report— 

18 ‘‘(A) any emolument received from the 

19 United States, or any of them, other than the 

20 compensation for his or her services as Presi21 dent provided for by Federal law; and 

22 ‘‘(B) any business interest that is reason23 ably expected to result in the receipt of any 

24 emolument from the United States, or any of 

25 them.’’. 


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1 (b) RULE OF CONSTRUCTION.—Nothing in the 

2 amendments made by this section shall be construed to 

3 affect the prohibition against the acceptance of presents 

4 and emoluments under section 303. 

5 SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR 

6 OF THE OFFICE OF GOVERNMENT ETHICS. 

7 (a) GENERAL AUTHORITY.—Section 402(a) of the 

8 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

9 amended— 

10 (1) by striking ‘‘(a) The Director’’ and insert11 ing ‘‘(a)(1) The Director’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The Director shall provide overall direction of 

15 executive branch policies related to compliance with the 

16 Foreign and Domestic Emoluments Enforcement Act and 

17 the amendments made by such Act and shall have the au18 thority to— 

19 ‘‘(A) issue administrative fines to individuals 

20 for violations; 

21 ‘‘(B) order individuals to take corrective action, 

22 including disgorgement, divestiture, and recusal, as 

23 the Director deems necessary; and 

24 ‘‘(C) bring civil actions to enforce such fines 

25 and orders.’’. 


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1 (b) SPECIFIC AUTHORITIES.—Section 402(b) of such 

2 Act (5 U.S.C. App.) is amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (14); 

5 (2) by striking the period at the end of para6 graph (15) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(16) developing and promulgating rules and 

10 regulations to ensure compliance with the Foreign 

11 and Domestic Emoluments Enforcement Act and the 

12 amendments made by such Act, including estab13 lishing— 

14 ‘‘(A) requirements for reporting and disclo15 sure; 

16 ‘‘(B) a schedule of administrative fines 

17 that may be imposed by the Director for viola18 tions; and 

19 ‘‘(C) a process for referral of matters to 

20 the Office of Special Counsel for investigation 

21 in compliance with section 1216(d) of title 5, 

22 United States Code.’’. 


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1 SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL 

2 COUNSEL. 

3 Section 1216 of title 5, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (4), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (5) by striking the period 

9 and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(6) any violation of section 303 of the Foreign 

12 and Domestic Emoluments Enforcement Act or of 

13 the amendments made by section 305 of such Act.’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(d) If the Director of the Office of Government Eth17 ics refers a matter for investigation pursuant to section 

18 402 of the Ethics in Government Act of 1978, or if the 

19 Special Counsel receives a credible complaint of a violation 

20 referred to in subsection (a)(6), the Special Counsel shall 

21 complete an investigation not later than 120 days there22 after. If the Special Counsel investigates any violation pur23 suant to subsection (a)(6), the Special Counsel shall re24 port not later than 7 days after the completion of such 

25 investigation to the Director of the Office of Government 


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1 Ethics and to Congress on the results of such investiga2 tion.’’. 

3 DIVISION B—RESTORING 

4 CHECKS AND BALANCES, AC5 COUNTABILITY, AND TRANS6 PARENCY 

7 TITLE IV—ENFORCEMENT OF 

8 CONGRESSIONAL SUBPOENAS 

9 SEC. 401. SHORT TITLE. 

10 This title may be cited as the ‘‘Congressional Sub11 poena Compliance and Enforcement Act’’. 

12 SEC. 402. FINDINGS. 

13 The Congress finds as follows: 

14 (1) As the Supreme Court of the United States 

15 has repeatedly affirmed, including in its July 9, 

16 2020, holding in Trump v. Mazars, Congress’s 

17 ‘‘power of inquiry—with process to enforce it—is an 

18 essential and appropriate auxiliary to the legislative 

19 function’’. Congress’s power to obtain information, 

20 including through the issuance of subpoenas and the 

21 enforcement of such subpoenas, is ‘‘broad and indis22 pensable’’. 

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1 tional functions, as the United States Court of Ap2 peals for the District of Columbia Circuit correctly 

3 recognized in its August 7, 2020, en banc decision 

4 in Committee on the Judiciary of the U.S. House of 

5 Representatives v. McGahn. 

6 (3) Accordingly, the Constitution of the United 

7 States secures to each House of Congress an inher8 ent right to enforce its subpoenas in court. Explicit 

9 statutory authorization is not required to secure 

10 such a right of action, and the contrary holding by 

11 a divided panel of the United States Court of Ap12 peals for the District of Columbia Circuit in 

13 McGahn, entered on August 31, 2020, was in error. 

14 SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS. 

15 (a) IN GENERAL.—Chapter 85 of title 28, United 

16 States Code, is amended by inserting after section 1365 

17 the following: 

18 ‘‘§ 1365a. Congressional actions against subpoena re19 cipients 

20 ‘‘(a) CAUSE OF ACTION.—The Senate, the House of 

21 Representatives, or a committee or subcommittee thereof, 

22 may bring a civil action against the recipient of a sub23 poena issued by a congressional committee or sub24 committee to enforce compliance with the subpoena. 


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1 ‘‘(b) SPECIAL RULES.—In any civil action described 

2 in subsection (a), the following rules shall apply: 

3 ‘‘(1) The action may be filed in a United States 

4 district court of competent jurisdiction. 

5 ‘‘(2) Notwithstanding section 1657(a), it shall 

6 be the duty of every court of the United States to 

7 expedite to the greatest possible extent the disposi8 tion of any such action and appeal. Upon a showing 

9 by the plaintiff of undue delay, other irreparable 

10 harm, or good cause, a court to which an appeal of 

11 the action may be taken shall issue any necessary 

12 and appropriate writs and orders to ensure compli13 ance with this paragraph. 

14 ‘‘(3) If a three-judge court is expressly re15 quested by the plaintiff in the initial pleading, the 

16 action shall be heard by a three-judge court con17 vened pursuant to section 2284, and shall be review18 able only by appeal directly to the Supreme Court of 

19 the United States. Such appeal shall be taken by the 

20 filing of a notice of appeal within 10 days, and the 

21 filing of a jurisdictional statement within 30 days, of 

22 the entry of the final decision. 

23 ‘‘(4) The initial pleading shall be accompanied 

24 by certification that the party bringing the action 

25 has in good faith conferred or attempted to confer 


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1 with the recipient of the subpoena to secure compli2 ance with the subpoena without court action. 

3 ‘‘(c) PENALTIES.— 

4 ‘‘(1) CASES INVOLVING GOVERNMENT AGEN5 CIES.— 

6 ‘‘(A) IN GENERAL.—The court may impose 

7 monetary penalties directly against each head of 

8 a Government agency and the head of each 

9 component thereof held to have knowingly failed 

10 to comply with any part of a congressional sub11 poena, unless— 

12 ‘‘(i) the President instructed the offi13 cial not to comply; and 

14 ‘‘(ii) the President, or the head of the 

15 agency or component thereof, submits to 

16 the court a letter confirming such instruc17 tion and the basis for such instruction. 

18 ‘‘(B) PROHIBITION ON USE OF GOVERN19 MENT FUNDS.—No appropriated funds, funds 

20 provided from any accounts in the Treasury, 

21 funds derived from the collection of fees, or 

22 other Government funds shall be used to pay 

23 any monetary penalty imposed by the court 

24 pursuant to this paragraph. 


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1 ‘‘(2) LEGAL FEES.—In addition to any other 

2 penalties or sanctions, the court shall require that 

3 any defendant, other than a Government agency, 

4 held to have willfully failed to comply with any part 

5 of a congressional subpoena, pay a penalty in an 

6 amount equal to that party’s legal fees, including at7 torney’s fees, litigation expenses, and other costs. If 

8 such defendant is an officer or employee of a Gov9 ernment agency, such legal fees may be paid from 

10 funds appropriated to pay the salary of the defend11 ant. 

12 ‘‘(d) WAIVER.—Any ground for noncompliance as13 serted by the recipient of a congressional subpoena shall 

14 be deemed to have been waived as to any particular infor15 mation withheld from production if the court finds that 

16 the recipient failed in a timely manner to comply with the 

17 applicable requirements of section 105(b) of the Revised 

18 Statutes of the United States with respect to such infor19 mation. 

20 ‘‘(e) RULES OF PROCEDURE.—The Supreme Court of 

21 the United States and the Judicial Conference of the 

22 United States shall prescribe rules of procedure to ensure 

23 the expeditious treatment of actions described in sub24 section (a). Such rules shall be prescribed and submitted 

25 to the Congress pursuant to sections 2072, 2073, and 


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1 2074. This shall include procedures for expeditiously con2 sidering any assertion of constitutional or Federal statu3 tory privilege made in connection with testimony by any 

4 recipient of a subpoena from a congressional committee 

5 or subcommittee. The Supreme Court shall transmit such 

6 rules to Congress within 6 months after the effective date 

7 of this section and then pursuant to section 2074 there8 after. 

9 ‘‘(f) DEFINITION.—For purposes of this section, the 

10 term ‘Government agency’ means any office or entity de11 scribed in sections 105 and 106 of title 3, an Executive 

12 department listed in section 101 of title 5, an independent 

13 establishment, commission, board, bureau, division, or of14 fice in the executive branch, or other agency or instrumen15 tality of the Federal Government, including wholly or part16 ly owned Government corporations.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for chapter 85 of title 28, United States Code, is amended 

19 by inserting after the item relating to section 1365 the 

20 following: 

‘‘1365a. Congressional actions against subpoena recipients.’’. 

21 SEC. 404. COMPLIANCE WITH CONGRESSIONAL SUB22 POENAS. 

23 (a) IN GENERAL.—Chapter 7 of title II of the Re24 vised Statutes of the United States (2 U.S.C. 191 et seq.) 

25 is amended by adding at the end the following: 


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1 ‘‘SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS. 

2 ‘‘(a) SUBPOENA BY CONGRESSIONAL COMMITTEE.— 

3 Any recipient of any subpoena from a congressional com4 mittee or subcommittee shall appear and testify, produce, 

5 or otherwise disclose information in a manner consistent 

6 with the subpoena and this section. 

7 ‘‘(b) FAILURE TO PRODUCE INFORMATION.— 

8 ‘‘(1) GROUNDS FOR WITHHOLDING INFORMA9 TION.—Unless required by the Constitution of the 

10 United States or by Federal statute, no claim of 

11 privilege or protection from disclosure shall be a 

12 ground for withholding information responsive to the 

13 subpoena or required by this section. 

14 ‘‘(2) IDENTIFICATION OF INFORMATION WITH15 HELD.—In the case of information that is withheld, 

16 in whole or in part, by the subpoena recipient, the 

17 subpoena recipient shall without delay provide a log 

18 containing the following: 

19 ‘‘(A) An express assertion and description 

20 of the ground asserted for withholding the in21 formation. 

22 ‘‘(B) The type of information. 

23 ‘‘(C) The general subject matter. 

24 ‘‘(D) The date, author, and addressee. 

25 ‘‘(E) The relationship of the author and 

26 addressee to each other. 


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1 ‘‘(F) The custodian of the information. 

2 ‘‘(G) Any other descriptive information 

3 that may be produced or disclosed regarding 

4 the information that will enable the congres5 sional committee or subcommittee issuing the 

6 subpoena to assess the ground asserted for 

7 withholding the information. 

8 ‘‘(c) DEFINITION.—For purposes of this section, the 

9 term ‘information’ includes any books, papers, documents, 

10 data, or other objects requested in a subpoena issued by 

11 a congressional committee or subcommittee.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 for chapter 7 of title II of the Revised Statutes of the 

14 United States is amended by adding at the end the fol15 lowing: 

‘‘105. Response to congressional subpoenas.’’. 

16 SEC. 405. RULE OF CONSTRUCTION. 

17 Nothing in this title may be interpreted to limit or 

18 constrain Congress’s inherent authority or foreclose any 

19 other means for enforcing compliance with congressional 

20 subpoenas, nor may anything in this title be interpreted 

21 to establish or recognize any ground for noncompliance 

22 with a congressional subpoena. 


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1 TITLE V—REASSERTING CON2 GRESSIONAL POWER OF THE 

3 PURSE 

4 SEC. 500. SHORT TITLE. 

5 This title may be cited as the ‘‘Foreign and Domestic 

6 Emoluments Enforcement Act’’. 

7 Subtitle A—Strengthening Con8 gressional Control and Review 

9 To Prevent Impoundment 

10 SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL. 

11 (a) IN GENERAL.—Part B of the Impoundment Con12 trol Act of 1974 (2 U.S.C. 682 et seq.) is amended by 

13 adding at the end the following: 

14 ‘‘PRUDENT OBLIGATION OF BUDGET AUTHORITY AND

15 SPECIFIC REQUIREMENTS FOR EXPIRING BUDGET

16 AUTHORITY

17 ‘‘SEC. 1018. (a) SPECIAL MESSAGE REQUIRE18 MENT.—With respect to budget authority proposed to be 

19 rescinded or that is set to be reserved or proposed to be 

20 deferred in a special message transmitted under section 

21 1012 or 1013, such budget authority— 

22 ‘‘(1) shall be made available for obligation in 

23 sufficient time to be prudently obligated as required 

24 under section 1012(b) or 1013; and 


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1 ‘‘(2) may not be deferred or otherwise withheld 

2 from obligation during the 90-day period before the 

3 expiration of the period of availability of such budget 

4 authority, including, if applicable, the 90-day period 

5 before the expiration of an initial period of avail6 ability for which such budget authority was pro7 vided. 

8 ‘‘(b) ADMINISTRATIVE REQUIREMENT.—With respect 

9 to an apportionment of an appropriation (as that term is 

10 defined in section 1511 of title 31, United States Code) 

11 made pursuant to section 1512 of such title, an appropria12 tion shall be apportioned— 

13 ‘‘(1) to make available all amounts for obliga14 tion in sufficient time to be prudently obligated; and 

15 ‘‘(2) to make available all amounts for obliga16 tion, without precondition (including footnotes) that 

17 shall be met prior to obligation, not later than 90 

18 days before the expiration of the period of avail19 ability of such appropriation, including, if applicable, 

20 90 days before the expiration of an initial period of 

21 availability for which such appropriation was pro22 vided.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 of the Congressional Budget and Impoundment Control 

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1 ed by inserting after the item relating to section 1017 the 

2 following: 

‘‘1018. Prudent obligation of budget authority and specific requirements for expiring budget authority.’’. 

3 SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW. 

4 (a) IN GENERAL.—Part B of the Impoundment Con5 trol Act of 1974 (2 U.S.C. 682 et seq.), as amended by 

6 section 501(a), is further amended by adding at the end 

7 the following: 

8 ‘‘REPORTING

9 ‘‘SEC. 1019. (a) APPORTIONMENT OF APPROPRIA10 TIONS.— 

11 ‘‘(1) IN GENERAL.—Not later than 90 days 

12 after the date of enactment of this section, the Of13 fice of Management and Budget shall— 

14 ‘‘(A) complete implementation of a publicly 

15 available website with an automated system to 

16 post each document apportioning an appropria17 tion, pursuant to section 1513(b) of title 31, 

18 United States Code, including any associated 

19 footnotes, in a format that qualifies each such 

20 document as an Open Government Data Asset 

21 (as defined in section 3502 of title 44, United 

22 States Code), not later than 2 business days 

23 after the date of approval of such apportion24 ment; 


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1 ‘‘(B) place on such website each document 

2 apportioning an appropriation, pursuant to 

3 such section 1513(b), including any associated 

4 footnotes, already approved for the fiscal year; 

5 and 

6 ‘‘(C) submit to the Committee on the 

7 Budget and the Committee on Appropriations 

8 of the Senate and the Committee on the Budget 

9 and the Committee on Appropriations of the 

10 House of Representatives a report indicating 

11 the date of completion of the requirements 

12 under subparagraphs (A) and (B). 

13 ‘‘(2) EXPLANATORY STATEMENT.—Each docu14 ment apportioning an appropriation posted on a 

15 publicly accessible website under paragraph (1) shall 

16 also include a written explanation by the officer ap17 proving each such apportionment (pursuant to sec18 tion 1513(b) of title 31, United States Code) of the 

19 rationale for the apportionment schedule and for any 

20 footnotes for apportioned amounts. 

21 ‘‘(3) SPECIAL PROCESS FOR TRANSMITTING

22 CLASSIFIED DOCUMENTATION TO THE CONGRESS.— 

23 The Office of Management and Budget or the appli24 cable department or agency shall make available 

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1 tionment at the request of the chair or ranking 

2 member of any appropriate congressional committee 

3 or subcommittee. 

4 ‘‘(4) DEPARTMENT AND AGENCY REPORT.— 

5 Each department or agency shall— 

6 ‘‘(A) notify the Committee on the Budget 

7 and the Committee on Appropriations of the 

8 Senate, the Committee on the Budget and the 

9 Committee on Appropriations of the House of 

10 Representatives, and any other appropriate con11 gressional committees if— 

12 ‘‘(i) an apportionment is not made in 

13 the required time period provided in sec14 tion 1513(b) of title 31, United States 

15 Code; 

16 ‘‘(ii) an approved apportionment re17 ceived by the department or agency condi18 tions the availability of an appropriation 

19 on further action; or 

20 ‘‘(iii) an approved apportionment re21 ceived by the department or agency may 

22 hinder the prudent obligation of such ap23 propriation or the execution of a program, 

24 project, or activity by such department or 

25 agency; and 


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1 ‘‘(B) include in each notification under 

2 subparagraph (A) information identifying the 

3 bureau, account name, appropriation name, and 

4 Treasury Appropriation Fund Symbol or fund 

5 account. 

6 ‘‘(b) APPROVING OFFICIALS.— 

7 ‘‘(1) DELEGATION OF AUTHORITY.—Not later 

8 than 15 days after the date of enactment of this sec9 tion, any delegation of apportionment authority pur10 suant to section 1513(b) of title 31, United States 

11 Code, that is in effect as of such date shall be sub12 mitted for publication in the Federal Register. Any 

13 delegation of such apportionment authority after the 

14 date of enactment of this section shall, on the date 

15 of such delegation, be submitted for publication in 

16 the Federal Register. The Office of Management 

17 and Budget shall publish such delegations in a for18 mat that qualifies such publications as an Open 

19 Government Data Asset (as defined in section 3502 

20 of title 44, United States Code) on a public internet 

21 website, which shall be continuously updated with 

22 the position of each Federal officer or employee to 

23 whom apportionment authority has been delegated. 

24 ‘‘(2) REPORT TO CONGRESS.—Not later than 5 

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1 ing official with respect to such delegated apportion2 ment authority for any account is made, the Office 

3 shall submit a report to the Committee on Appro4 priations and the Committee on the Budget of the 

5 Senate, the Committee on Appropriations and the 

6 Committee on the Budget of the House of Rep7 resentatives, and any other appropriate congres8 sional committee explaining why such change was 

9 made.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 of the Congressional Budget and Impoundment Control 

12 Act of 1974 set forth in section 1(b) of such Act, as 

13 amended by section 501(b), is further amended by insert14 ing after the item relating to section 1018 the following: 

‘‘1019. Reporting.’’. 

15 SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY 

16 THE COMPTROLLER GENERAL. 

17 (a) IN GENERAL.—Section 1015 of the Impoundment 

18 Control Act of 1974 (2 U.S.C. 686) is amended— 

19 (1) in subsection (a), in the matter following 

20 paragraph (2), by striking the last sentence; and 

21 (2) by adding at the end the following: 

22 ‘‘(c) REVIEW.— 

23 ‘‘(1) IN GENERAL.—The Comptroller General 

24 shall— 

25 ‘‘(A) review compliance with this part; and 


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1 ‘‘(B) submit to the Committee on the 

2 Budget, the Committee on Appropriations, and 

3 the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate, the Committee 

5 on the Budget, the Committee on Appropria6 tions, and the Committee on Oversight and Re7 form of the House of Representatives, and any 

8 other appropriate congressional committee of 

9 the Senate or the House of Representatives a 

10 report, and any relevant information related to 

11 the report, on any noncompliance with this 

12 part. 

13 ‘‘(2) INFORMATION, DOCUMENTATION, AND

14 VIEWS.—The President or the head of the relevant 

15 department or agency of the United States shall pro16 vide information, documentation, and views to the 

17 Comptroller General, as is determined by the Comp18 troller General to be necessary to determine such 

19 compliance, not later than 20 days after the date on 

20 which the request from the Comptroller General is 

21 received, or if the Comptroller General determines 

22 that a shorter or longer period is appropriate based 

23 on the specific circumstances, within such shorter or 

24 longer period. 


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1 ‘‘(3) ACCESS.—To carry out the responsibilities 

2 of this part, the Comptroller General shall have ac3 cess to interview the officers, employees, contractors, 

4 and other agents and representatives of a depart5 ment, agency, or office of the United States at any 

6 reasonable time as the Comptroller General may re7 quest.’’. 

8 (b) RULE OF CONSTRUCTION.—Section 1001 of the 

9 Impoundment Control Act of 1974 (2 U.S.C. 681) is 

10 amended— 

11 (1) in paragraph (3), by striking the ‘‘or’’ at 

12 the end of the paragraph; 

13 (2) in paragraph (4), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(5) affecting or limiting in any way the au17 thorities provided to the Comptroller General under 

18 chapter 7 of title 31, United States Code.’’. 

19 SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND 

20 LITIGATION. 

21 Section 1016 of the Impoundment Control Act of 

22 1974 (2 U.S.C. 687) is amended to read as follows: 

23 ‘‘SUITS BY COMPTROLLER GENERAL

24 ‘‘SEC. 1016. (a) IN GENERAL.—If, under this title, 

25 budget authority is required to be made available for obli26 gation and such budget authority is not made available 


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1 for obligation or information, documentation, views, or ac2 cess are required to be produced and such information, 

3 documentation, views, or access are not produced, the 

4 Comptroller General is expressly empowered, through at5 torneys selected by the Comptroller General, to bring a 

6 civil action in the United States District Court for the Dis7 trict of Columbia to require such budget authority to be 

8 made available for obligation or such information, docu9 mentation, views, or access to be produced. 

10 ‘‘(b) COURT AUTHORITY.—In a civil action under 

11 subsection (a), the court is expressly empowered to enter, 

12 against any department, agency, officer, or employee of 

13 the United States, any decree, judgment, or order which 

14 may be necessary or appropriate to make such budget au15 thority available for obligation or compel production of 

16 such information, documentation, views, or access. 

17 ‘‘(c) NOTICE.—No civil action shall be brought by the 

18 Comptroller General to require budget authority be made 

19 available under this section until the expiration of 15 cal20 endar days following the date on which an explanatory 

21 statement by the Comptroller General of the cir22 cumstances giving rise to the action contemplated is filed 

23 with the Speaker of the House of Representatives and the 

24 President of the Senate, except that expiration of such pe25 riod shall not be required if the Comptroller General finds 


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1 (and incorporates the finding in the explanatory statement 

2 filed) that such delay would be contrary to the public in3 terest.’’. 

4 SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE 

5 IMPOUNDMENT CONTROL ACT OF 1974. 

6 (a) IN GENERAL.—Part B of the Impoundment Con7 trol Act of 1974 (2 U.S.C. 682 et seq.), as amended by 

8 section 502(a), is further amended by adding at the end 

9 the following: 

10 ‘‘PENALTIES FOR FAILURE TO COMPLY

11 ‘‘SEC. 1020. (a) ADMINISTRATIVE DISCIPLINE.—An 

12 officer or employee of the Executive Branch of the United 

13 States Government violating this part shall be subject to 

14 appropriate administrative discipline, including, when cir15 cumstances warrant, suspension from duty without pay or 

16 removal from office. 

17 ‘‘(b) REPORTING VIOLATIONS.— 

18 ‘‘(1) IN GENERAL.—In the event of a violation 

19 of section 1001, 1012, 1013, or 1018 of this part, 

20 or in the case that the Government Accountability 

21 Office issues a legal decision concluding that a de22 partment, agency, or office of the United States vio23 lated this part, the President or the head of the rel24 evant department or agency as the case may be, 

25 shall report immediately to Congress all relevant 

26 facts and a statement of actions taken. A copy of 


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1 each report shall also be transmitted to the Comp2 troller General and the relevant inspector general on 

3 the same date the report is transmitted to Congress. 

4 ‘‘(2) CONTENTS.— 

5 ‘‘(A) IN GENERAL.—Any such report shall 

6 include a summary of the facts pertaining to 

7 the violation, the title and Treasury Appropria8 tion Fund Symbol of the appropriation or fund 

9 account, the amount involved for each violation, 

10 the date on which the violation occurred, the 

11 position of any individuals responsible for the 

12 violation, a statement of the administrative dis13 cipline imposed and any further action taken 

14 with respect to any officer or employee involved 

15 in the violation, a statement of any additional 

16 action taken to prevent recurrence of the same 

17 type of violation, and any written response by 

18 any officer or employee identified by position as 

19 involved in the violation. 

20 ‘‘(B) DISAGREEMENT.—If the Government 

21 Accountability Office issues a legal decision 

22 concluding that a department, agency, or office 

23 of the United States violated this part and the 

24 relevant department, agency, or office does not 

25 agree that a violation has occurred, the report 


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1 provided to Congress, the Comptroller General, 

2 and relevant inspector general will explain the 

3 position of the department, agency, or office. 

4 ‘‘(3) OPPORTUNITY TO RESPOND.—If any such 

5 report identifies the position of any officer or em6 ployee as involved in the violation, such officer or 

7 employee shall be provided a reasonable opportunity 

8 to respond in writing, and any such response shall 

9 be appended to the report.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 of the Congressional Budget and Impoundment Control 

12 Act of 1974 set forth in section 1(b) of such Act, as 

13 amended by section 502(b), is further amended by insert14 ing after the item relating to section 1019 the following: 

‘‘1020. Penalties for failure to comply.’’. 

15 Subtitle B—Strengthening 

16 Transparency and Reporting 

17 PART 1—FUNDS MANAGEMENT AND REPORTING 

18 TO THE CONGRESS 

19 SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESI20 DENT’S BUDGET. 

21 Section 1105(a) of title 31, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(40) for the budget for each of fiscal years 

24 2023 through 2027, a report— 


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1 ‘‘(A) identifying unobligated expired bal2 ances as of the beginning of the current fiscal 

3 year and the beginning of each of the preceding 

4 2 fiscal years by agency and the applicable 

5 Treasury Appropriation Fund Symbol or fund 

6 account; and 

7 ‘‘(B) providing an explanation of unobli8 gated expired balances in any Treasury Appro9 priation Fund Symbol or fund account that ex10 ceed the lesser of 5 percent of total appropria11 tions made available for that account or 

12 $100,000,000.’’. 

13 SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESI14 DENT’S BUDGET. 

15 Section 1105(a) of title 31, United States Code, as 

16 amended by section 511, is further amended by adding 

17 at the end the following: 

18 ‘‘(41) for the budget for each of fiscal years 

19 2023 through 2027, a report— 

20 ‘‘(A) identifying cancelled balances (pursu21 ant to section 1552(a)) for the preceding 3 fis22 cal years by agency and Treasury Appropriation 

23 Fund Symbol or fund account; 

24 ‘‘(B) providing an explanation of cancelled 

25 balances in any Treasury Appropriation Fund 


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1 Symbol or fund account that exceed the lesser 

2 of 5 percent of total appropriations made avail3 able for that account or $100,000,000; and 

4 ‘‘(C) including a tabulation, by Treasury 

5 Appropriation Fund Symbol or fund account 

6 and appropriation, of all balances of appropria7 tions available for an indefinite period in an ap8 propriation account available for an indefinite 

9 period that do not meet the criteria for closure 

10 under section 1555, but for which either— 

11 ‘‘(i) the head of the agency concerned 

12 or the President has determined that the 

13 purposes for which the appropriation was 

14 made have been carried out; or 

15 ‘‘(ii) no disbursement has been made 

16 against the appropriation— 

17 ‘‘(I) in the prior year and the 

18 preceding fiscal year; or 

19 ‘‘(II) in the prior year and which 

20 the budget estimates zero disburse21 ments in the current year.’’. 


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1 SEC. 513. LAPSE IN APPROPRIATIONS; REPORTING IN THE 

2 PRESIDENT’S BUDGET. 

3 Section 1105(a) of title 31, United States Code, as 

4 amended by section 512, is further amended by adding 

5 at the end the following: 

6 ‘‘(42) a report— 

7 ‘‘(A) identifying any obligation or expendi8 ture made by a department or agency affected 

9 in whole or in part by any lapse in appropria10 tions of 5 consecutive days or more during the 

11 preceding fiscal year for which amounts were 

12 not available; and 

13 ‘‘(B) with respect to any such obligation or 

14 expenditure— 

15 ‘‘(i) the amount so obligated or ex16 pended; 

17 ‘‘(ii) the account affected; 

18 ‘‘(iii) an explanation of the Antidefi19 ciency Act exception or other legal author20 ity that permitted the department or agen21 cy, as the case may be, to incur such obli22 gation or expenditure; and 

23 ‘‘(iv) an explanation of any change in 

24 the application of any Antideficiency Act 

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1 ity from any explanations previously re2 ported on pursuant to this paragraph.’’. 

3 SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHOR4 ITY REPORTING IN THE PRESIDENT’S BUDG5 ET. 

6 Section 1105(a) of title 31, United States Code, as 

7 amended by section 513, is further amended by adding 

8 at the end the following: 

9 ‘‘(43) for the budget for fiscal year 2023, a re10 port— 

11 ‘‘(A) identifying any transfer authority or 

12 other authority to repurpose appropriations pro13 vided in a law other than an appropriation act; 

14 and 

15 ‘‘(B) with respect to any such authority, 

16 providing the citation to the statute, the list of 

17 departments or agencies covered, an expla18 nation of when such authority may be used, and 

19 an explanation of any use of such authority in 

20 the preceding 3 fiscal years.’’. 

21 SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE 

22 ACCOUNTS BY APPROPRIATION. 

23 (a) IN GENERAL.—Subchapter IV of chapter 15 of 

24 title 31, United States Code, is amended by inserting after 

25 section 1555 the following: 


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1 ‘‘§ 1555a. Cancellation of appropriations available for 

2 indefinite periods within an account 

3 ‘‘Any remaining balance (whether obligated or unobli4 gated) from an appropriation available for an indefinite 

5 period in an appropriation account available for an indefi6 nite period that does not meet the requirements for closure 

7 under section 1555 shall be canceled, and thereafter shall 

8 not be available for obligation or expenditure for any pur9 pose, if— 

10 ‘‘(1) the head of the agency concerned or the 

11 President determines that the purposes for which 

12 the appropriation was made have been carried out; 

13 and 

14 ‘‘(2) no disbursement has been made against 

15 the appropriation for 2 consecutive fiscal years.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for subchapter IV of chapter 15 of title 31, United States 

18 Code, is amended by inserting after the item relating to 

19 section 1555 the following: 

‘‘1555a. Cancellation of appropriations available for indefinite periods within an 

account.’’. 


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1 PART 2—EMPOWERING CONGRESSIONAL REVIEW 

2 THROUGH NONPARTISAN CONGRESSIONAL 

3 AGENCIES AND TRANSPARENCY INITIATIVES 

4 SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR 

5 INFORMATION FROM THE COMPTROLLER 

6 GENERAL FOR BUDGET AND APPROPRIA7 TIONS LAW DECISIONS. 

8 (a) IN GENERAL.—Subchapter II of chapter 7 of title 

9 31, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 722. Requirement to respond to requests for infor12 mation from the Comptroller General for 

13 budget and appropriations law decisions 

14 ‘‘(a) If an executive agency or the District of Colum15 bia government receives a written request for information, 

16 documentation, or views from the Comptroller General re17 lating to a decision or opinion on budget or appropriations 

18 law, the executive agency or the District of Columbia gov19 ernment shall provide the requested information, docu20 mentation, or views not later than 20 days after receiving 

21 the written request, unless such written request specifi22 cally provides otherwise. 

23 ‘‘(b) If an executive agency or the District of Colum24 bia government fails to provide the requested information, 

25 documentation, or views within the time required by sub26 section (a)— 


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1 ‘‘(1) the Comptroller General shall notify, in 

2 writing, the Committee on Homeland Security and 

3 Governmental Affairs of the Senate, the Committee 

4 on Oversight and Reform of the House of Represent5 atives, and any other appropriate congressional com6 mittee of such failure; 

7 ‘‘(2) the Comptroller General is hereby ex8 pressly empowered, through attorneys selected by 

9 the Comptroller General, to bring a civil action in 

10 the United States District Court for the District of 

11 Columbia to require such information, documenta12 tion, or views to be produced; and 

13 ‘‘(3) the court in a civil action brought under 

14 paragraph (2) is expressly empowered to enter 

15 against any department, agency, officer, or employee 

16 of the United States any decree, judgment, or order 

17 which may be necessary or appropriate to require 

18 such production. 

19 ‘‘(c) Nothing in this section shall be construed as af20 fecting or otherwise limiting the authorities provided to 

21 the Comptroller General in section 716 of this title.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 for subchapter II of chapter 7 of title 31, United States 

24 Code, is amended by inserting after the item relating to 

25 section 721 the following: 


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‘‘722. Requirement to respond to requests for information from the Comptroller 

General for budget and appropriations law decisions.’’. 

1 SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIEN2 CY ACT VIOLATIONS. 

3 (a) VIOLATIONS OF SECTION 1341 OR 1342.—Sec4 tion 1351 of title 31, United States Code, is amended— 

5 (1) by striking ‘‘If’’ and inserting ‘‘(a) If the 

6 Comptroller General, an executive agency, or the 

7 District of Columbia government determines that’’; 

8 (2) by striking ‘‘violates’’ and inserting ‘‘has 

9 violated’’; 

10 (3) by inserting ‘‘and the Attorney General’’ 

11 after ‘‘transmitted to the Comptroller General’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(b) Any such report shall include a statement of the 

14 provision violated, a summary of the facts pertaining to 

15 the violation, the title and Treasury Appropriation Fund 

16 Symbol of the appropriation or fund account, the amount 

17 involved for each violation, the date on which the violation 

18 occurred, the position of any officer or employee respon19 sible for the violation, a statement of the administrative 

20 discipline imposed and any further action taken with re21 spect to any officer or employee involved in the violation, 

22 a statement of any additional action taken to prevent re23 currence of the same type of violation, a statement of any 

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1 ful that has been made by the executive agency or District 

2 of Columbia government, and any written response by any 

3 officer or employee identified by position as involved in 

4 the violation. 

5 ‘‘(c) If the Comptroller General issues a legal decision 

6 concluding that an officer or employee of an executive 

7 agency or of the District of Columbia government has vio8 lated section 1341(a) or 1342 and the executive agency 

9 or District of Columbia government, as applicable, does 

10 not agree that a violation has occurred, the report under 

11 subsection (a) shall explain its position.’’. 

12 (b) VIOLATIONS OF SECTION 1517.—Section 1517 of 

13 title 31, United States Code, is amended— 

14 (1) in subsection (b)— 

15 (A) by striking ‘‘If’’ and inserting ‘‘If the 

16 Comptroller General, an executive agency, or 

17 the District of Columbia government determines 

18 that’’; 

19 (B) by striking ‘‘violates’’ and inserting 

20 ‘‘has violated’’; and 

21 (C) by inserting ‘‘and the Attorney Gen22 eral’’ after ‘‘transmitted to the Comptroller 

23 General’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(c) Any such report shall include a statement of the 

2 provision violated, a summary of the facts pertaining to 

3 the violation, the title and Treasury Appropriation Fund 

4 Symbol of the appropriation or fund account, the amount 

5 involved for each violation, the date on which the violation 

6 occurred, the position of any officer or employee respon7 sible for the violation, a statement of the administrative 

8 discipline imposed and any further action taken with re9 spect to any officer or employee involved in the violation, 

10 a statement of any additional action taken to prevent re11 currence of the same type of violation, a statement of any 

12 determination that the violation was not knowing and will13 ful that has been made by the executive agency or District 

14 of Columbia government, and any written response by any 

15 officer or employee identified by position as involved in 

16 the violation. 

17 ‘‘(d) If the Comptroller General issues a legal deci18 sion concluding that an officer or employee of an executive 

19 agency or of the District of Columbia government has vio20 lated subsection (a) and the executive agency or District 

21 of Columbia government, as applicable, does not agree 

22 that a violation has occurred, the report provided to the 

23 President, the Congress, and the Comptroller General will 

24 explain its position.’’. 


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1 SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CON2 GRESS FOR ANTIDEFICIENCY ACT VIOLA3 TIONS. 

4 (a) VIOLATIONS OF SECTION 1341 OR 1342.—Sec5 tion 1350 of title 31, United States Code, is amended— 

6 (1) by striking ‘‘An officer’’ and inserting ‘‘(a) 

7 An officer’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b)(1) If an executive agency or the District of Co10 lumbia government reports, under section 1351, a viola11 tion of section 1341(a) or 1342, the Attorney General 

12 shall promptly review such report and investigate to the 

13 extent necessary to determine whether there are reason14 able grounds to believe that the responsible officer or em15 ployee knowingly and willfully violated section 1341(a) or 

16 1342, as applicable. If the Attorney General determines 

17 that there are such reasonable grounds, the Attorney Gen18 eral diligently shall investigate a criminal violation under 

19 this section. 

20 ‘‘(2) The Attorney General shall submit to Congress 

21 and the Comptroller General on or before March 31 of 

22 each calendar year an annual report detailing separately 

23 for each executive agency and the District of Columbia 

24 government— 


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•S 2921 IS

1 ‘‘(A) the number of reports under section 1351 

2 transmitted to the President during the preceding 

3 calendar year; 

4 ‘‘(B) the number of reports reviewed in accord5 ance with paragraph (1) during the preceding cal6 endar year; 

7 ‘‘(C) without identification of any individual of8 ficer or employee of an executive agency or of the 

9 District of Columbia government, a description of 

10 each investigation undertaken in accordance with 

11 paragraph (1) during the preceding calendar year 

12 and an explanation of the status of any such inves13 tigation; and 

14 ‘‘(D) without identification of any individual of15 ficer or employee of an executive agency or of the 

16 District of Columbia government, an explanation of 

17 any update to the status of any review or investiga18 tion previously reported pursuant to this para19 graph.’’. 

20 (b) VIOLATIONS OF SECTION 1517.—Section 1519 of 

21 title 31, United States Code, is amended— 

22 (1) by striking ‘‘An officer’’ and inserting ‘‘(a) 

23 An officer’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(b)(1) If an executive agency or the District of Co2 lumbia government reports, under section 1517(b), a vio3 lation of section 1517(a), the Attorney General shall 

4 promptly review such report and investigate to the extent 

5 necessary to determine whether there are reasonable 

6 grounds to believe that the responsible officer or employee 

7 knowingly and willfully violated section 1517(a). If the At8 torney General determines that there are such reasonable 

9 grounds, the Attorney General diligently shall investigate 

10 a criminal violation under this section. 

11 ‘‘(2) The Attorney General shall submit to Congress 

12 and the Comptroller General on or before March 31 of 

13 each calendar year an annual report detailing separately 

14 for each executive agency and the District of Columbia 

15 government— 

16 ‘‘(A) the number of reports under section 

17 1517(b) transmitted to the President during the pre18 ceding calendar year; 

19 ‘‘(B) the number of reports reviewed in accord20 ance with paragraph (1) during the preceding cal21 endar year; 

22 ‘‘(C) without identification of any individual of23 ficer or employee of the United States Government 

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1 ance with paragraph (1) during the preceding cal2 endar year and an explanation of the status of any 

3 such investigation; and 

4 ‘‘(D) without identification of any individual of5 ficer or employee of the United States Government 

6 or of the District of Columbia government, an expla7 nation of any update to the status of any review or 

8 investigation previously reported pursuant to this 

9 subsection.’’. 

10 SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS 

11 LAW OPINIONS OF THE DEPARTMENT OF JUS12 TICE OFFICE OF LEGAL COUNSEL. 

13 (a) SCHEDULE OF PUBLICATION FOR FINAL OLC 

14 OPINIONS.—Each final OLC opinion shall be made avail15 able on its public website in a manner that is searchable, 

16 sortable, and downloadable in its entirety as soon as is 

17 practicable, but— 

18 (1) not later than 30 days after the opinion is 

19 issued or updated if such action takes place on or 

20 after the date of enactment of this Act; 

21 (2) not later than 1 year after the date of en22 actment of this Act for an opinion issued on or after 

23 January 20, 1993; 

24 (3) not later than 2 years after the date of en25 actment of this Act for an opinion issued on or after 


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•S 2921 IS

1 January 20, 1981, and before or on January 19, 

2 1993; 

3 (4) not later than 3 years after the date of en4 actment of this Act for an opinion issued on or after 

5 January 20, 1969, and before or on January 19, 

6 1981; and 

7 (5) not later than 4 years after the date of en8 actment of this Act for all other opinions. 

9 (b) EXCEPTIONS AND LIMITATION ON PUBLIC

10 AVAILABILITY OF FINAL OLC OPINIONS.— 

11 (1) IN GENERAL.—A final OLC opinion or part 

12 thereof may be withheld only to the extent— 

13 (A) information contained in the opinion 

14 was— 

15 (i) specifically authorized to be kept 

16 secret, under criteria established by an Ex17 ecutive order, in the interest of national 

18 defense or foreign policy; 

19 (ii) properly classified, including all 

20 procedural and marking requirements, pur21 suant to such Executive order; 

22 (iii) the Attorney General determines 

23 that the national defense or foreign policy 

24 interests protected outweigh the public’s 

25 interest in access to the information; and 


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1 (iv) put through declassification re2 view within the past two years; 

3 (B) information contained in the opinion 

4 relates to the appointment of a specific indi5 vidual not confirmed to Federal office; 

6 (C) information contained in the opinion is 

7 specifically exempted from disclosure by statute 

8 (other than sections 552 and 552b of title 5, 

9 United States Code), if such statute— 

10 (i) requires that the material be with11 held in such a manner as to leave no dis12 cretion on the issue; or 

13 (ii) establishes particular criteria for 

14 withholding or refers to particular types of 

15 material to be withheld; 

16 (D) information in the opinion includes 

17 trade secrets and commercial or financial infor18 mation obtained from a person and privileged 

19 or confidential whose disclosure would likely 

20 cause substantial harm to the competitive posi21 tion of the person from whom the information 

22 was obtained; 

23 (E) the President, in his or her sole and 

24 nondelegable determination, formally and per25 sonally claims in writing that executive privilege 


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•S 2921 IS

1 prevents the release of the information and dis2 closure would cause specific identifiable harm to 

3 an interest protected by an exception or the dis4 closure is prohibited by law; or 

5 (F) information in the opinion includes 

6 personnel and medical files and similar files the 

7 disclosure of which would constitute a clearly 

8 unwarranted invasion of personal privacy. 

9 (2) DETERMINATION TO WITHHOLD.—Any de10 termination under this subsection to withhold infor11 mation contained in a final OLC opinion shall be 

12 made by the Attorney General or a designee of the 

13 Attorney General. The determination shall be— 

14 (A) in writing; 

15 (B) made available to the public within the 

16 same timeframe as is required of a formal OLC 

17 opinion; 

18 (C) sufficiently detailed as to inform the 

19 public of what kind of information is being 

20 withheld and the reason therefore; and 

21 (D) effective only for a period of 3 years, 

22 subject to review and reissuance, with each 

23 reissuance made available to the public. 

24 (3) FINAL OPINIONS.—For final OLC opinions 

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1 tial part, a detailed unclassified summary of the 

2 opinion shall be made available to the public, in the 

3 same timeframe as required of the final OLC opin4 ion, that conveys the essence of the opinion, includ5 ing any interpretations of a statute, the Constitu6 tion, or other legal authority. A notation shall be in7 cluded in any published list of final OLC opinions 

8 regarding the extent of the withholdings. 

9 (4) NO LIMITATION ON FREEDOM OF INFORMA10 TION.—Nothing in this subsection shall be construed 

11 as limiting the availability of information under sec12 tion 552 of title 5, United States Code or construed 

13 as an exemption under paragraph (3) of subsection 

14 (b) of such section. 

15 (5) NO LIMITATION ON RELIEF.—A decision by 

16 the Attorney General to release or withhold informa17 tion pursuant to this title shall not preclude any ac18 tion or relief conferred by statutory or regulatory re19 gime that empowers any person to request or de20 mand the release of information. 

21 (6) REASONABLY SEGREGABLE PORTIONS OF

22 OPINIONS TO BE PUBLISHED.—Any reasonably seg23 regable portion of an opinion shall be provided after 

24 withholding of the portions which are exempt under 

25 this section. The amount of information withheld, 


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•S 2921 IS

1 and the exemption under which the withholding is 

2 made, shall be indicated on the released portion of 

3 the opinion, unless including that indication would 

4 harm an interest protected by the exemption in this 

5 paragraph under which the withholding is made. If 

6 technically feasible, the amount of the information 

7 withheld, and the exemption under which the with8 holding is made, shall be indicated at the place in 

9 the opinion where such withholding is made. 

10 (c) METHOD OF PUBLICATION.—The Attorney Gen11 eral shall publish each final OLC opinion to the extent 

12 the law permits, including by publishing the opinions on 

13 a publicly accessible website that— 

14 (1) with respect to each opinion— 

15 (A) contains an electronic copy of the opin16 ion, including any transmittal letter associated 

17 with the opinion, in an open format that is plat18 form independent and that is available to the 

19 public without restrictions; 

20 (B) provides the public the ability to re21 trieve an opinion, to the extent practicable, 

22 through searches based on— 

23 (i) the title of the opinion; 

24 (ii) the date of publication or revision; 

25 or 


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•S 2921 IS

1 (iii) the full text of the opinion; 

2 (C) identifies the time and date when the 

3 opinion was required to be published, and when 

4 the opinion was transmitted for publication; 

5 and 

6 (D) provides a permanent means of access7 ing the opinion electronically; 

8 (2) includes a means for bulk download of all 

9 final OLC opinions or a selection of opinions re10 trieved using a text-based search; 

11 (3) provides free access to the opinions, and 

12 does not charge a fee, require registration, or impose 

13 any other limitation in exchange for access to the 

14 website; and 

15 (4) is capable of being upgraded as necessary to 

16 carry out the purposes of this section. 

17 (d) DEFINITIONS.—In this section: 

18 (1) OLC OPINION.—The term ‘‘OLC opinion’’ 

19 means views on a matter of legal interpretation com20 municated by the Office of Legal Counsel of the De21 partment of Justice to any other office or agency, or 

22 person in an office or agency, in the executive 

23 branch, including any office in the Department of 

24 Justice, the White House, or the Executive Office of 

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1 tions 511–513 of title 28, United States Code, and 

2 relating to— 

3 (A) subtitle II, III, V, or VI of title 31, 

4 United States Code; 

5 (B) the Balanced Budget and Emergency 

6 Deficit Control Act of 1985; 

7 (C) the Congressional Budget and Im8 poundment Control Act of 1974; or 

9 (D) any appropriations Act, continuing 

10 resolution, or other provision of law providing 

11 or governing appropriations or budget author12 ity. 

13 (2) FINAL OLC OPINION.—The term ‘‘final 

14 OLC opinion’’ means an OLC opinion that— 

15 (A) the Attorney General, Assistant Attor16 ney General for the Office of Legal Counsel, or 

17 a Deputy Assistant Attorney General for the 

18 Office of Legal Counsel, has determined is 

19 final; or 

20 (B) is cited in another Office of Legal 

21 Counsel opinion. 


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1 Subtitle C—Strengthening Con2 gressional Role in and Over3 sight of Emergency Declarations 

4 and Designations 

5 SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE 

6 OF THE NATIONAL EMERGENCIES ACT. 

7 (a) REQUIREMENTS RELATING TO DECLARATION

8 AND RENEWAL OF NATIONAL EMERGENCIES.—Title II of 

9 the National Emergencies Act (50 U.S.C. 1621 et seq.) 

10 is amended by striking sections 201 and 202 and inserting 

11 the following: 

12 ‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 

13 ‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER14 GENCIES.—With respect to Acts of Congress authorizing 

15 the exercise, during the period of a national emergency, 

16 of any special or extraordinary power, the President is au17 thorized to declare such a national emergency by procla18 mation. Such proclamation shall immediately be trans19 mitted to Congress and published in the Federal Register. 

20 ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE

21 EXERCISED AND REPORTING.—No powers or authorities 

22 made available by statute for use during the period of a 

23 national emergency shall be exercised unless and until the 

24 President specifies the provisions of law under which the 


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•S 2921 IS

1 President proposes that the President or other officers will 

2 act in— 

3 ‘‘(1) a proclamation declaring a national emer4 gency under subsection (a); or 

5 ‘‘(2) one or more Executive orders relating to 

6 the emergency published in the Federal Register and 

7 transmitted to Congress. 

8 ‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF

9 EMERGENCIES NOT APPROVED.— 

10 ‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 

11 resolution of approval is not enacted under section 

12 203 with respect to a national emergency before the 

13 expiration of the period described in section 202(a), 

14 or with respect to a national emergency proposed to 

15 be renewed under section 202(b), the President may 

16 not, during the remainder of the term of office of 

17 that President, declare a subsequent national emer18 gency under subsection (a) with respect to the same 

19 circumstances. 

20 ‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 

21 resolution of approval is not enacted under section 

22 203 with respect to a power or authority specified by 

23 the President in a proclamation under subsection (a) 

24 or an Executive order under subsection (b)(2) with 

25 respect to a national emergency, the President may 


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•S 2921 IS

1 not, during the remainder of the term of office of 

2 that President, exercise that power or authority with 

3 respect to that emergency. 

4 ‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 

5 after the date of the enactment of the Congressional 

6 Power of the Purse Act shall supersede this title unless 

7 it does so in specific terms, referring to this title, and de8 claring that the new law supersedes the provisions of this 

9 title. 

10 ‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER11 GENCIES. 

12 ‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 

13 ‘‘(1) IN GENERAL.—A declaration of a national 

14 emergency shall remain in effect for a period of 20 

15 days from the issuance of the proclamation under 

16 section 201(a) (unless the declaration is terminated 

17 before the end of that period pursuant to an Act of 

18 Congress under subsection (c)(1)(C) or a proclama19 tion of the President under subsection (c)(1)(D)) 

20 and shall terminate when that 20-day period expires 

21 unless there is enacted into law a joint resolution of 

22 approval under section 203 with respect to the proc23 lamation. 

24 ‘‘(2) EXERCISE OF POWERS AND AUTHORI25 TIES.—Any emergency power or authority made 


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•S 2921 IS

1 available under a provision of law specified in a 

2 proclamation or Executive order pursuant to section 

3 201(b) may be exercised pursuant to the declaration 

4 of a national emergency for a period of 20 days from 

5 the issuance of the proclamation or Executive order 

6 (unless the declaration is terminated before the end 

7 of that period pursuant to an Act of Congress under 

8 subsection (c)(1)(C) or a proclamation of the Presi9 dent under subsection (c)(1)(D)). That power or au10 thority may not be exercised after that 20-day pe11 riod expires unless there is enacted into law a joint 

12 resolution of approval under section 203 approv13 ing— 

14 ‘‘(A) the proclamation of the national 

15 emergency or the Executive order; and 

16 ‘‘(B) the exercise of the power or authority 

17 specified by the President in such proclamation 

18 or Executive order. 

19 ‘‘(3) COMPUTATION OF DAYS.—For purposes of 

20 paragraphs (1) and (2), a period of days shall be 

21 computed excluding— 

22 ‘‘(A) the days on which the Senate or the 

23 House of Representatives is not in session be24 cause of an adjournment of more than 3 days 


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•S 2921 IS

1 to a day certain or an adjournment of the Con2 gress sine die; 

3 ‘‘(B) any Saturday and Sunday, not ex4 cluded under subparagraph (A), when the Sen5 ate or the House of Representatives is not in 

6 session; or 

7 ‘‘(C) the date on which the proclamation or 

8 Executive order described in paragraph (1) or 

9 (2), as applicable, is issued. 

10 ‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.— 

11 ‘‘(1) IN GENERAL.—A national emergency de12 clared by the President under section 201(a) or pre13 viously renewed under this subsection, and not al14 ready terminated pursuant to subsection (a) or (c), 

15 shall terminate on the date described in paragraph 

16 (2) unless— 

17 ‘‘(A) the President publishes in the Fed18 eral Register and transmits to Congress an Ex19 ecutive order renewing the emergency; and 

20 ‘‘(B) there is enacted into law a joint reso21 lution of approval with respect to renewing the 

22 emergency pursuant to section 203 before the 

23 termination of the emergency or previous re24 newal of the emergency. 


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1 ‘‘(2) DATE DESCRIBED.—The date described in 

2 this paragraph is the date that is one year after, as 

3 applicable— 

4 ‘‘(A) the date on which the President 

5 transmitted to Congress the proclamation de6 claring the emergency; or 

7 ‘‘(B) the date of the enactment of a pre8 vious joint resolution of approval with respect 

9 to renewing the emergency pursuant to section 

10 203. 

11 ‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 

12 ‘‘(1) IN GENERAL.—Any national emergency 

13 declared by the President under section 201(a) shall 

14 terminate on the earliest of— 

15 ‘‘(A) the date provided for in subsection 

16 (a); 

17 ‘‘(B) the date provided for in subsection 

18 (b); 

19 ‘‘(C) the date specified in an Act of Con20 gress terminating the emergency; or 

21 ‘‘(D) the date specified in a proclamation 

22 of the President terminating the emergency. 

23 ‘‘(2) EFFECT OF TERMINATION.—Effective on 

24 the date of the termination of a national emergency 

25 under paragraph (1)— 


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1 ‘‘(A) any powers or authorities exercised 

2 by reason of the emergency shall cease to be ex3 ercised; 

4 ‘‘(B) any amounts reprogrammed, repur5 posed, or transferred under any provision of law 

6 with respect to the emergency that remain un7 obligated on that date shall be returned and 

8 made available for the purpose for which such 

9 amounts were appropriated; and 

10 ‘‘(C) any contracts entered into under any 

11 provision of law relating to the emergency shall 

12 be terminated. 

13 ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER14 GENCIES. 

15 ‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 

16 In this section, the term ‘joint resolution of approval’ 

17 means a joint resolution that does not have a preamble 

18 and that contains only the following provisions after its 

19 resolving clause: 

20 ‘‘(1) A provision approving one or more— 

21 ‘‘(A) proclamations declaring national 

22 emergencies under section 201(a); 

23 ‘‘(B) Executive orders issued under section 

24 201(b)(2); or 


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•S 2921 IS

1 ‘‘(C) Executive orders issued under section 

2 202(b). 

3 ‘‘(2) A provision approving a list of all or a por4 tion of the provisions of law specified by the Presi5 dent under section 201(b) in the proclamations or 

6 Executive orders that are the subject of the joint 

7 resolution. 

8 ‘‘(b) PROCEDURES FOR CONSIDERATION OF JOINT

9 RESOLUTIONS OF APPROVAL.— 

10 ‘‘(1) INTRODUCTION.—After the President 

11 transmits to Congress a proclamation declaring a 

12 national emergency under section 201(a), or an Ex13 ecutive order specifying emergency powers or au14 thorities under section 201(b)(2) or renewing a na15 tional emergency under section 202(b), a joint reso16 lution of approval may be introduced in either House 

17 of Congress by any member of that House. 

18 ‘‘(2) COMMITTEE REFERRAL IN THE SENATE.— 

19 In the Senate, a joint resolution of approval shall be 

20 referred to the appropriate committee. 

21 ‘‘(3) EXPEDITED CONSIDERATION IN SEN22 ATE.—In the Senate, the following shall apply: 

23 ‘‘(A) COMMITTEE REFERRAL.—A joint res24 olution of approval shall be referred to the ap25 propriate committee or committees. 


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•S 2921 IS

1 ‘‘(B) REPORTING AND DISCHARGE.—If the 

2 committee to which a joint resolution of ap3 proval has been referred has not reported it at 

4 the end of 10 calendar days after its introduc5 tion, that committee shall be discharged from 

6 further consideration of the resolution and it 

7 shall be placed on the calendar. 

8 ‘‘(C) PROCEEDING TO CONSIDERATION.— 

9 Notwithstanding Rule XXII of the Standing 

10 Rules of the Senate, when a committee to which 

11 a joint resolution of approval is referred has re12 ported the resolution, or when that committee is 

13 discharged under subparagraph (B) from fur14 ther consideration of the resolution, it is at any 

15 time thereafter in order to move to proceed to 

16 the consideration of the joint resolution, and all 

17 points of order against the joint resolution (and 

18 against the motion to proceed to the consider19 ation of the joint resolution) are waived. The 

20 motion to proceed shall be debatable for 4 

21 hours evenly divided between proponents and 

22 opponents of the joint resolution of approval. 

23 The motion is not subject to amendment, or to 

24 a motion to postpone, or to a motion to proceed 

25 to the consideration of other business. A motion 


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•S 2921 IS

1 to reconsider the vote by which the motion is 

2 agreed to or disagreed to shall not be in order. 

3 If a motion to proceed to the consideration of 

4 a joint resolution of approval is agreed to, the 

5 joint resolution shall remain the unfinished 

6 business of the Senate until disposed of. 

7 ‘‘(D) FLOOR CONSIDERATION.—There 

8 shall be 10 hours of consideration on a joint 

9 resolution of approval, to be divided evenly be10 tween the proponents and opponents of the 

11 joint resolution. Of that 10 hours, there shall be 

12 a total of 2 hours of debate on any debatable 

13 motions in connection with the joint resolution, 

14 to be divided evenly between the proponents 

15 and opponents of the joint resolution. 

16 ‘‘(E) AMENDMENTS.—No amendments 

17 shall be in order with respect to a joint resolu18 tion of approval in the Senate. 

19 ‘‘(F) MOTION TO RECONSIDER VOTE ON

20 PASSAGE.—A motion to reconsider a vote on 

21 passage of a joint resolution of approval shall 

22 not be in order. 

23 ‘‘(G) APPEALS.—Points of order and ap24 peals from the decision of the Presiding Officer 

25 shall be decided without debate. 


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1 ‘‘(4) EXPEDITED CONSIDERATION IN HOUSE OF

2 REPRESENTATIVES.—In the House of Representa3 tives, the following shall apply: 

4 ‘‘(A) REPORTING AND DISCHARGE.—If any 

5 committee to which a joint resolution of ap6 proval has been referred has not reported it to 

7 the House within 7 legislative days after the 

8 date of referral such committee shall be dis9 charged from further consideration of the joint 

10 resolution. 

11 ‘‘(B)(i) PROCEEDING TO CONSIDER12 ATION.—Beginning on the third legislative day 

13 after each committee to which a joint resolution 

14 of approval has been referred reports it to the 

15 House or has been discharged from further con16 sideration thereof, it shall be in order to move 

17 to proceed to consider the joint resolution of ap18 proval in the House. All points of order against 

19 the motion are waived. Such a motion shall not 

20 be in order after the House has disposed of a 

21 motion to proceed on the joint resolution of ap22 proval. The previous question shall be consid23 ered as ordered on the motion to its adoption 

24 without intervening motion. The motion shall 

25 not be debatable. A motion to reconsider the 


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1 vote by which the motion is disposed of shall 

2 not be in order. 

3 ‘‘(ii) MOTION.—A motion to proceed to the 

4 consideration of a joint resolution of approval 

5 with respect to an Executive order described in 

6 subparagraph (B) or (C) of subsection (a)(1) or 

7 a list described in subsection (a)(2) shall not be 

8 in order before the enactment of a joint resolu9 tion of approval with respect to the proclama10 tion described in subsection (a)(1)(A) that is 

11 the subject of the Executive order or list. 

12 ‘‘(C) CONSIDERATION.—The joint resolu13 tion of approval shall be considered as read. All 

14 points of order against the joint resolution of 

15 approval and against its consideration are 

16 waived. The previous question shall be consid17 ered as ordered on the joint resolution of ap18 proval to final passage without intervening mo19 tion except 2 hours of debate equally divided 

20 and controlled by the sponsor of the joint reso21 lution of approval (or a designee) and an oppo22 nent. A motion to reconsider the vote on pas23 sage of the joint resolution of approval shall not 

24 be in order. 


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1 ‘‘(5) COORDINATION WITH ACTION BY OTHER

2 HOUSE.— 

3 ‘‘(A) IN GENERAL.—If, before the passage 

4 by one House of Congress of a joint resolution 

5 of approval of that House, that House receives 

6 from the other House a joint resolution of ap7 proval with respect to the same proclamation 

8 described in section 201(a) or Executive order 

9 described in section 201(b)(2) or 202(b), then 

10 the following procedures shall apply: 

11 ‘‘(i) The joint resolution of approval 

12 of the other House shall not be referred to 

13 a committee. 

14 ‘‘(ii) With respect to a joint resolution 

15 of approval of the House receiving the 

16 joint resolution— 

17 ‘‘(I) the procedure in that House 

18 shall be the same as if no joint resolu19 tion of approval had been received 

20 from the other House; but 

21 ‘‘(II) the vote on passage shall be 

22 on the joint resolution of approval of 

23 the other House. 

24 ‘‘(iii) Upon the failure of passage of 

25 the joint resolution of approval of the other 


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1 House, the question shall immediately 

2 occur on passage of the joint resolution of 

3 approval of the receiving House. 

4 ‘‘(B) TREATMENT OF LEGISLATION OF

5 OTHER HOUSE.—If one House fails to introduce 

6 a joint resolution of approval under this section 

7 with respect to proclamation under section 

8 201(a) or Executive order under section 

9 201(b)(2) or 202(b), the joint resolution of ap10 proval of the other House shall be entitled to 

11 expedited consideration under paragraph (3) or 

12 (4), as applicable. 

13 ‘‘(C) APPLICATION TO REVENUE MEAS14 URES.—The provisions of this paragraph shall 

15 not apply in the House of Representatives to a 

16 joint resolution of approval that is a revenue 

17 measure. 

18 ‘‘(6) TREATMENT OF VETO MESSAGE.—Debate 

19 on a veto message in the Senate under this section 

20 shall be 1 hour evenly divided between the majority 

21 and minority leaders or their designees. 

22 ‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 

23 joint resolution of approval under this section shall not 

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1 gress of statutory authority for the emergency powers of 

2 the President. 

3 ‘‘(d) RULES OF THE HOUSE AND SENATE.—This sec4 tion is enacted by Congress— 

5 ‘‘(1) as an exercise of the rulemaking power of 

6 the Senate and the House of Representatives, re7 spectively, and as such is deemed a part of the rules 

8 of each House, respectively, but applicable only with 

9 respect to the procedure to be followed in the House 

10 in the case of joint resolutions of approval described 

11 in this section, and supersedes other rules only to 

12 the extent that it is inconsistent with such other 

13 rules; and 

14 ‘‘(2) with full recognition of the constitutional 

15 right of either House to change the rules (so far as 

16 relating to the procedure of that House) at any time, 

17 in the same manner, and to the same extent as in 

18 the case of any other rule of that House. 

19 ‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMER20 GENCIES INVOKING INTERNATIONAL EMER21 GENCY ECONOMIC POWERS ACT. 

22 ‘‘(a) IN GENERAL.—In the case of a national emer23 gency described in subsection (b), the provisions of the 

24 National Emergencies Act, as in effect on the day before 

25 the date of the enactment of the Congressional Power of 


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1 the Purse Act, shall continue to apply on and after such 

2 date of enactment. 

3 ‘‘(b) NATIONAL EMERGENCY DESCRIBED.— 

4 ‘‘(1) IN GENERAL.—A national emergency de5 scribed in this subsection is a national emergency 

6 pursuant to which the President proposes to exercise 

7 emergency powers or authorities made available 

8 under the International Emergency Economic Pow9 ers Act (50 U.S.C. 1701 et seq.), supplemented as 

10 necessary by a provision of law specified in para11 graph (2). 

12 ‘‘(2) PROVISIONS OF LAW SPECIFIED.—The 

13 provisions of law specified in this paragraph are— 

14 ‘‘(A) the United Nations Participation Act 

15 of 1945 (22 U.S.C. 287 et seq.); 

16 ‘‘(B) section 212(f) of the Immigration 

17 and Nationality Act (8 U.S.C. 1182(f)); or 

18 ‘‘(C) any provision of law that authorizes 

19 the implementation, imposition, or enforcement 

20 of economic sanctions with respect to a foreign 

21 country. 

22 ‘‘(c) EFFECT OF ADDITIONAL POWERS AND AU23 THORITIES.—Subsection (a) shall not apply to a national 

24 emergency or the exercise of emergency powers and au25 thorities pursuant to the national emergency if, in addition 


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1 to the exercise of emergency powers and authorities de2 scribed in subsection (b), the President proposes to exer3 cise, pursuant to the national emergency, any emergency 

4 powers and authorities under any other provision of law.’’. 

5 (b) REPORTING REQUIREMENTS.—Section 401 of the 

6 National Emergencies Act (50 U.S.C. 1641) is amended 

7 by adding at the end the following: 

8 ‘‘(d) REPORT ON EMERGENCIES.—The President 

9 shall transmit to Congress, with any proclamation declar10 ing a national emergency under section 201(a) or any Ex11 ecutive order specifying emergency powers or authorities 

12 under section 201(b)(2) or renewing a national emergency 

13 under section 202(b), a report, in writing, that includes 

14 the following: 

15 ‘‘(1) A description of the circumstances necessi16 tating the declaration of a national emergency, the 

17 renewal of such an emergency, or the use of a new 

18 emergency power or authority, as the case may be. 

19 ‘‘(2) The estimated duration of the national 

20 emergency, or a statement that the duration of the 

21 national emergency cannot reasonably be estimated 

22 at the time of transmission of the report. 

23 ‘‘(3) A summary of the actions the President or 

24 other officers intend to take, including any re25 programming or transfer of funds and any contracts 


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1 anticipated to be entered into, and the statutory au2 thorities the President and such officers expect to 

3 rely on in addressing the national emergency. 

4 ‘‘(4) In the case of a renewal of a national 

5 emergency, a summary of the actions the President 

6 or other officers have taken in the preceding one7 year period, including any reprogramming or trans8 fer of funds, to address the emergency. 

9 ‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 

10 The President shall provide to Congress such other infor11 mation as Congress may request in connection with any 

12 national emergency in effect under title II. 

13 ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER14 GENCIES.—If the President declares a national emergency 

15 under section 201(a), the President shall, not less fre16 quently than every 90 days for the duration of the emer17 gency, report to Congress on the status of the emergency 

18 and the actions the President or other officers have taken 

19 and authorities the President and such officers have relied 

20 on in addressing the emergency.’’. 

21 (c) EXCLUSION OF IMPOSITION OF DUTIES AND IM22 PORT QUOTAS FROM PRESIDENTIAL AUTHORITIES

23 UNDER INTERNATIONAL EMERGENCY ECONOMIC POW24 ERS ACT.—Section 203 of the International Emergency 

25 Economic Powers Act (50 U.S.C. 1702) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c)(1) The authority granted to the President by 

6 this section does not include the authority to impose duties 

7 or tariff-rate quotas or (subject to paragraph (2)) other 

8 quotas on articles entering the United States. 

9 ‘‘(2) The limitation under paragraph (1) does not 

10 prohibit the President from excluding all articles imported 

11 from a country from entering the United States.’’. 

12 (d) CONFORMING AMENDMENTS.— 

13 (1) NATIONAL EMERGENCIES ACT.—Title III of 

14 the National Emergencies Act (50 U.S.C. 1631) is 

15 repealed. 

16 (2) INTERNATIONAL EMERGENCY ECONOMIC

17 POWERS ACT.—Section 207 of the International 

18 Emergency Economic Powers Act (50 U.S.C. 1706) 

19 is amended— 

20 (A) in subsection (b), by striking ‘‘concur21 rent resolution’’ and inserting ‘‘joint resolution’’ 

22 each place it appears; and 

23 (B) by adding at the end the following: 

24 ‘‘(e) In this section, the term ‘National Emergencies 

25 Act’ means the National Emergencies Act, as in effect on 


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1 the day before the date of the enactment of the Congres2 sional Power of the Purse Act.’’. 

3 (e) EFFECTIVE DATE; APPLICABILITY.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), this section and the amendments made by 

6 this section shall take effect on the date of the en7 actment of this Act and apply with respect to na8 tional emergencies declared under section 201 of the 

9 National Emergencies Act on or after that date. 

10 (2) APPLICABILITY TO RENEWALS OF EXISTING

11 EMERGENCIES.—When a national emergency de12 clared under section 201 of the National Emer13 gencies Act before the date of the enactment of the 

14 Congressional Power of the Purse Act would expire 

15 or be renewed under section 202(d) of that Act (as 

16 in effect on the day before such date of enactment), 

17 that national emergency shall be subject to the re18 quirements for renewal under section 202(b) of that 

19 Act, as amended by subsection (a). 

20 SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION 

21 SPENDING REPORTING IN THE PRESIDENT’S 

22 BUDGET. 

23 Section 1105(a) of title 31, United States Code, as 

24 amended by section 514 of this Act, is further amended 

25 by adding at the end the following: 


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1 ‘‘(44)(A) a report on the proposed, planned, 

2 and actual obligations and expenditures of funds (for 

3 the prior fiscal year, the current fiscal year, and the 

4 fiscal year for which the budget is submitted) attrib5 utable to the exercise of powers and authorities 

6 made available by statute for each national emer7 gency declared by the President, currently active or 

8 in effect during the applicable fiscal years. 

9 ‘‘(B) Obligations and expenditures contained in 

10 the report under subparagraph (A) shall— 

11 ‘‘(i) be organized by Treasury Appropria12 tion Fund Symbol or fund account and by pro13 gram, project, and activity; and 

14 ‘‘(ii) include— 

15 ‘‘(I) a description of each such pro16 gram, project, and activity; 

17 ‘‘(II) the authorities under which such 

18 funding actions are taken; and 

19 ‘‘(III) the purpose and progress of 

20 such obligations and expenditures toward 

21 addressing the applicable national emer22 gency. 

23 ‘‘(C) The report under subparagraph (A) shall 

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1 ming, or repurposing of funds to address the appli2 cable national emergency— 

3 ‘‘(i) the amount of such transfer, re4 programming, or repurposing; 

5 ‘‘(ii) the authority authorizing each such 

6 transfer, reprogramming, or repurposing; and 

7 ‘‘(iii) a description of programs, projects, 

8 and activities affected by such transfer, re9 programming, or repurposing, including by a 

10 reduction in funding.’’. 

11 SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL 

12 EMERGENCY ACTION DOCUMENTS. 

13 (a) IN GENERAL.—Not later than 30 days after the 

14 conclusion of the process for approval, adoption, or revi15 sion of any presidential emergency action document, the 

16 President shall submit that document to the appropriate 

17 congressional committees. 

18 (b) DOCUMENTS IN EXISTENCE BEFORE DATE OF

19 ENACTMENT.—Not later than 15 days after the date of 

20 the enactment of this Act, the President shall submit to 

21 the appropriate congressional committees all presidential 

22 emergency action documents in existence before such date 

23 of enactment. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’, with respect to a presidential emergency 

4 action document submitted under subsection (a) or 

5 (b), means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs, the Committee on 

8 the Judiciary, and the Select Committee on In9 telligence of the Senate; 

10 (B) the Committee on Oversight and Re11 form, the Committee on the Judiciary, and the 

12 Permanent Select Committee on Intelligence of 

13 the House of Representatives; and 

14 (C) any other committee of the Senate or 

15 the House of Representatives with jurisdiction 

16 over the subject matter addressed in the presi17 dential emergency action document. 

18 (2) PRESIDENTIAL EMERGENCY ACTION DOCU19 MENT.—The term ‘‘presidential emergency action 

20 document’’ refers to— 

21 (A) each of the approximately 56 docu22 ments described as presidential emergency ac23 tion documents in the budget justification mate24 rials for the Office of Legal Counsel of the De25 partment of Justice submitted to Congress in 


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1 support of the budget of the President for fiscal 

2 year 2018; and 

3 (B) any other pre-coordinated legal docu4 ment in existence before, on, or after the date 

5 of the enactment of this Act, that— 

6 (i) is designated as a presidential 

7 emergency action document; or 

8 (ii) is designed to implement a presi9 dential decision or transmit a presidential 

10 request when an emergency disrupts nor11 mal governmental or legislative processes. 

12 SEC. 534. EMERGENCY AND OVERSEAS CONTINGENCY OP13 ERATIONS DESIGNATIONS BY CONGRESS IN 

14 STATUTE. 

15 Section 251(b)(2)(A) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985 (2 U.S.C. 

17 901(b)(2)(A)) is amended— 

18 (1) in clause (i), by striking ‘‘and the President 

19 subsequently so designates’’; and 

20 (2) in clause (ii), by striking ‘‘and the President 

21 subsequently so designates’’. 


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1 TITLE VI—SECURITY FROM PO2 LITICAL INTERFERENCE IN 

3 JUSTICE 

4 SEC. 601. SHORT TITLE. 

5 This title may be cited as the ‘‘Security from Political 

6 Interference in Justice Act’’. 

7 SEC. 602. DEFINITIONS. 

8 In this title: 

9 (1) COMMUNICATIONS LOG.—The term ‘‘com10 munications log’’ means the log required to be main11 tained under section 603(a). 

12 (2) COVERED COMMUNICATION.— 

13 (A) IN GENERAL.—The term ‘‘covered 

14 communication’’ means any communication re15 lating to any contemplated or ongoing investiga16 tion or litigation conducted by the Department 

17 of Justice in any civil or criminal matter (re18 gardless of whether a civil action or criminal in19 dictment or information has been filed). 

20 (B) EXCEPTIONS.—The term ‘‘covered 

21 communication’’ does not include a communica22 tion that is any of the following: 

23 (i) A communication that involves 

24 contact between the President, the Vice 

25 President, the Counsel to the President, or 


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1 the Principal Deputy Counsel to the Presi2 dent, and the Attorney General, the Dep3 uty Attorney General, or the Associate At4 torney General, except to the extent that 

5 the communication concerns a con6 templated or ongoing investigation or liti7 gation in which a target or subject is one 

8 of the following: 

9 (I) The President, the Vice Presi10 dent, or a member of the immediate 

11 family of the President or Vice Presi12 dent. 

13 (II) Any individual working in 

14 the Executive Office of the President 

15 who is compensated at a rate of pay 

16 at or above level II of the Executive 

17 Schedule under section 5313 of title 

18 5, United States Code. 

19 (III) The current or former chair 

20 or treasurer of any national campaign 

21 committee that sought the election or 

22 seeks the reelection of the President, 

23 or any officer of such a committee ex24 ercising authority at the national 


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1 level, during the tenure in office of the 

2 President. 

3 (ii) A communication that involves 

4 contact between an officer or employee of 

5 the Department of Justice and an officer 

6 or employee of the Executive Office of the 

7 President on a particular matter, if any of 

8 the President, the Vice President, the 

9 Counsel to the President, or the Principal 

10 Deputy Counsel to the President, and if 

11 any of the Attorney General, the Deputy 

12 Attorney General, or the Associate Attor13 ney General, have designated a subordinate 

14 to carry on such contact, and the person so 

15 designating monitors all subsequent com16 munications and the person designated 

17 keeps the designating person informed of 

18 each such communication, except to the ex19 tent that the communication concerns a 

20 contemplated or ongoing investigation or 

21 litigation in which a target or subject is 

22 one of the following: 

23 (I) The President, the Vice Presi24 dent, or a member of the immediate 


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1 family of the President or Vice Presi2 dent. 

3 (II) Any individual working in 

4 the Executive Office of the President 

5 who is compensated at a rate of pay 

6 at or above level II of the Executive 

7 Schedule under section 5313 of title 

8 5, United States Code. 

9 (III) The current or former chair 

10 or treasurer of any national campaign 

11 committee that sought the election or 

12 seeks the reelection of the President, 

13 or any officer of such a committee ex14 ercising authority at the national 

15 level, during the tenure in office of the 

16 President. 

17 (iii) A communication that involves 

18 contact from or to the Deputy Counsel to 

19 the President for National Security Af20 fairs, the staff of the National Security 

21 Council, or the staff of the Homeland Se22 curity Council that relates to a national se23 curity matter, except to the extent that the 

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1 sarial case in litigation that may have na2 tional security implications. 

3 (iv) A communication that involves 

4 contact between the Office of the Pardon 

5 Attorney of the Department of Justice and 

6 the Counsel to the President or a Deputy 

7 Counsel to the President relating to par8 don matters. 

9 (v) A communication that relates sole10 ly to policy, appointments, legislation, rule11 making, budgets, public relations or af12 fairs, programmatic matters, intergovern13 mental relations, administrative or per14 sonnel matters, appellate litigation, or re15 quests for legal advice. 

16 (3) MEMBER OF THE IMMEDIATE FAMILY OF

17 THE PRESIDENT OR VICE PRESIDENT.—The term 

18 ‘‘member of the immediate family of the President 

19 or Vice President’’ means an individual to whom the 

20 President or Vice President— 

21 (A) is related by blood, marriage, or adop22 tion; or 

23 (B) stands in loco parentis. 


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1 SEC. 603. COMMUNICATIONS LOGS. 

2 (a) IN GENERAL.—The Attorney General shall main3 tain a log of covered communications. 

4 (b) CONTENTS.—A communications log shall include, 

5 with respect to a covered communication— 

6 (1) the name and title of each officer or em7 ployee of the Department of Justice or the Executive 

8 Office of the President who participated in the cov9 ered communication; 

10 (2) the topic of the covered communication; and 

11 (3) a statement describing the purpose and ne12 cessity of the covered communication. 

13 (c) OVERSIGHT.— 

14 (1) PERIODIC DISCLOSURE OF LOGS.—Not later 

15 than January 30 and July 30 of each year, the At16 torney General shall submit to the Office of the In17 spector General of the Department of Justice a re18 port containing the communications log for the 6- 

19 month period preceding that January or July. 

20 (2) NOTICE OF INAPPROPRIATE OR IMPROPER

21 COMMUNICATIONS.—The Office of the Inspector 

22 General of the Department of Justice shall— 

23 (A) review each communications log re24 ceived under paragraph (1); and 

25 (B) notify the Committee on the Judiciary 

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1 ary of the House of Representatives if the In2 spector General determines that a covered com3 munication described in the communications 

4 log— 

5 (i) is inappropriate from a law en6 forcement perspective; or 

7 (ii) raises concerns about improper 

8 political interference. 

9 (d) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to limit the valid written assertion 

11 by the President of presidential communications privilege 

12 with regard to any material required to be submitted 

13 under this section. 

14 SEC. 604. RULE OF CONSTRUCTION. 

15 Nothing in this title may be construed to affect any 

16 requirement to report pursuant to title I of this Act or 

17 the amendments made by that title. 

18 TITLE VII—PROTECTING IN19 SPECTOR GENERAL INDE20 PENDENCE 

21 Subtitle A—Requiring Cause for 

22 Removal 

23 SEC. 701. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Inspector General 

25 Independence Act’’. 


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1 SEC. 702. AMENDMENT. 

2 The Inspector General Act of 1978 (5 U.S.C. App.) 

3 is amended— 

4 (1) in section 3(b)— 

5 (A) by striking ‘‘An Inspector General’’ 

6 and inserting ‘‘(1) An Inspector General’’; 

7 (B) by inserting after ‘‘by the President’’ 

8 the following: ‘‘in accordance with paragraph 

9 (2)’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(2) The President may remove an Inspector General 

12 only for any of the following grounds (and the documenta13 tion of any such ground shall be included in the commu14 nication required pursuant to paragraph (1)): 

15 ‘‘(A) Documented permanent incapacity. 

16 ‘‘(B) Documented neglect of duty. 

17 ‘‘(C) Documented malfeasance. 

18 ‘‘(D) Documented conviction of a felony or con19 duct involving moral turpitude. 

20 ‘‘(E) Documented knowing violation of a law or 

21 regulation. 

22 ‘‘(F) Documented gross mismanagement. 

23 ‘‘(G) Documented gross waste of funds. 

24 ‘‘(H) Documented abuse of authority. 

25 ‘‘(I) Documented inefficiency.’’; and 


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1 (2) in section 8G(e)(2), by adding at the end 

2 the following: ‘‘An Inspector General may be re3 moved only for any of the following grounds (and 

4 the documentation of any such ground shall be in5 cluded in the communication required pursuant to 

6 this paragraph): 

7 ‘‘(A) Documented permanent incapacity. 

8 ‘‘(B) Documented neglect of duty. 

9 ‘‘(C) Documented malfeasance. 

10 ‘‘(D) Documented conviction of a felony or con11 duct involving moral turpitude. 

12 ‘‘(E) Documented knowing violation of a law or 

13 regulation. 

14 ‘‘(F) Documented gross mismanagement. 

15 ‘‘(G) Documented gross waste of funds. 

16 ‘‘(H) Documented abuse of authority. 

17 ‘‘(I) Documented inefficiency.’’. 

18 SEC. 703. REMOVAL OR TRANSFER REQUIREMENTS. 

19 (a) REASONS FOR REMOVAL OR TRANSFER.—Section 

20 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), 

21 as amended by section 702, is amended— 

22 (1) in paragraph (1), by striking ‘‘reasons’’ and 

23 inserting ‘‘substantive rationale, including detailed 

24 and case-specific reasons,’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(3) If there is an open or completed inquiry into 

2 an Inspector General that relates to the removal or trans3 fer of the Inspector General under paragraph (1), the 

4 written communication required under that paragraph 

5 shall— 

6 ‘‘(A) identify each entity that is conducting, or 

7 that conducted, the inquiry; and 

8 ‘‘(B) in the case of a completed inquiry, contain 

9 the findings made during the inquiry.’’. 

10 (b) REASONS FOR REMOVAL OR TRANSFER FOR DES11 IGNATED FEDERAL ENTITIES.—Section 8G(e) of the In12 spector General Act of 1978 (5 U.S.C. App.) is amend13 ed— 

14 (1) in paragraph (2), by striking ‘‘reasons’’ and 

15 inserting ‘‘substantive rationale, including detailed 

16 and case-specific reasons,’’; and 

17 (2) by inserting at the end the following: 

18 ‘‘(3) If there is an open or completed inquiry into 

19 an Inspector General that relates to the removal or trans20 fer of the Inspector General under paragraph (2), the 

21 written communication required under that paragraph 

22 shall— 

23 ‘‘(A) identify each entity that is conducting, or 

24 that conducted, the inquiry; and 


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1 ‘‘(B) in the case of a completed inquiry, contain 

2 the findings made during the inquiry.’’. 

3 Subtitle B—Inspectors General of 

4 Intelligence Community 

5 SEC. 711. INDEPENDENCE OF INSPECTORS GENERAL OF 

6 THE INTELLIGENCE COMMUNITY. 

7 (a) IN GENERAL.—The National Security Act of 

8 1947 (50 U.S.C. 3001 et seq.) is amended by adding at 

9 the end the following new title: 

10 ‘‘TITLE XII—MATTERS REGARD11 ING INSPECTORS GENERAL 

12 OF ELEMENTS OF THE INTEL13 LIGENCE COMMUNITY 

14 ‘‘Subtitle A—Inspectors General 

15 ‘‘SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) ADMINISTRATIVE LEAVE.—The term ‘ad18 ministrative leave’ includes any other type of paid or 

19 unpaid non-duty status. 

20 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘appropriate congressional com22 mittees’ means— 

23 ‘‘(A) the congressional intelligence commit24 tees; and 


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1 ‘‘(B) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate and the 

3 Committee on Oversight and Reform of the 

4 House of Representatives. 

5 ‘‘(3) HEAD OFFICIAL.—The term ‘head official’ 

6 means— 

7 ‘‘(A) with respect to the position of a cov8 ered Inspector General that requires appoint9 ment by the President, by and with the advice 

10 and consent of the Senate, the President; and 

11 ‘‘(B) with respect to the position of a cov12 ered Inspector General that requires appoint13 ment by a head of a department or agency of 

14 the Federal Government, the head of such de15 partment or agency. 

16 ‘‘(b) REMOVAL.— 

17 ‘‘(1) IN GENERAL.—A covered Inspector Gen18 eral may be removed from office only by the head of19 ficial. 

20 ‘‘(2) GROUNDS.—The head official may remove 

21 a covered Inspector General only for any of the fol22 lowing grounds: 

23 ‘‘(A) Documented permanent incapacity. 

24 ‘‘(B) Documented neglect of duty. 

25 ‘‘(C) Documented malfeasance. 


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1 ‘‘(D) Documented conviction of a felony or 

2 conduct involving moral turpitude. 

3 ‘‘(E) Documented knowing violation of a 

4 law or regulation. 

5 ‘‘(F) Documented gross mismanagement. 

6 ‘‘(G) Documented gross waste of funds. 

7 ‘‘(H) Documented abuse of authority. 

8 ‘‘(I) Documented Inefficiency. 

9 ‘‘(c) ADMINISTRATIVE LEAVE.— 

10 ‘‘(1) IN GENERAL.—A covered Inspector Gen11 eral may be placed on administrative leave only by 

12 the head official. 

13 ‘‘(2) GROUNDS.—The head official may place a 

14 covered Inspector General on administrative leave 

15 only for any of the grounds specified in subsection 

16 (b)(2). 

17 ‘‘(d) NOTIFICATION.—The head official may not re18 move a covered Inspector General under subsection (b) or 

19 place a covered Inspector General on administrative leave 

20 under subsection (c) unless— 

21 ‘‘(1) the head official transmits in writing to 

22 the appropriate congressional committees a notifica23 tion of such removal or placement, including an ex24 planation of the documented grounds specified in 

25 subsection (b)(2) for such removal or placement; and 


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1 ‘‘(2) with respect to the removal of a covered 

2 Inspector General, a period of 30 days elapses fol3 lowing the date of such transmittal. 

4 ‘‘(e) REPORT.—Not later than 30 days after the date 

5 on which the head official notifies a covered Inspector 

6 General of being removed under subsection (b) or placed 

7 on administrative leave under subsection (c), the office of 

8 that Inspector General shall submit to the appropriate 

9 congressional committees a report containing the fol10 lowing: 

11 ‘‘(1) A description of the facts and cir12 cumstances of any pending complaint, investigation, 

13 inspection, audit, or other review or inquiry, includ14 ing any information, allegation, or complaint re15 ported to the Attorney General in accordance with 

16 section 535 of title 28, United States Code, that the 

17 Inspector General was working on as of the date of 

18 such removal or placement. 

19 ‘‘(2) Any other significant matter that the of20 fice of the Inspector General determines appropriate. 

21 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to prohibit a personnel action of 

23 a covered Inspector General otherwise authorized by law, 

24 other than transfer or removal.’’. 


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1 (b) DEFINITION.—Section 3 of such Act (50 U.S.C. 

2 3003) is amended by adding at the end the following new 

3 paragraph: 

4 ‘‘(8) The term ‘covered Inspector General’ 

5 means each of the following: 

6 ‘‘(A) The Inspector General of the Intel7 ligence Community. 

8 ‘‘(B) The Inspector General of the Central 

9 Intelligence Agency. 

10 ‘‘(C) The Inspector General of the Defense 

11 Intelligence Agency. 

12 ‘‘(D) The Inspector General of the Na13 tional Reconnaissance Office. 

14 ‘‘(E) The Inspector General of the Na15 tional Geospatial-Intelligence Agency. 

16 ‘‘(F) The Inspector General of the Na17 tional Security Agency.’’. 

18 (c) CLERICAL AMENDMENTS.—The table of sections 

19 at the beginning of the National Security Act of 1947 is 

20 amended by adding after the items relating to title XI the 

21 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.’’. 


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1 SEC. 712. AUTHORITY OF INSPECTORS GENERAL OF THE 

2 INTELLIGENCE COMMUNITY TO DETERMINE 

3 MATTERS OF URGENT CONCERN. 

4 (a) DETERMINATION.— 

5 (1) IN GENERAL.—Title XII of the National Se6 curity Act of 1947, as added by section 711, is 

7 amended by inserting after section 1201 the fol8 lowing new section: 

9 ‘‘SEC. 1203. DETERMINATION OF MATTERS OF URGENT 

10 CONCERN. 

11 ‘‘(a) DETERMINATION.— 

12 ‘‘(1) IN GENERAL.—Each covered Inspector 

13 General shall have sole authority to determine 

14 whether any complaint or information reported to 

15 the Inspector General is a matter of urgent concern. 

16 ‘‘(2) FINALITY.—A determination described in 

17 paragraph (1) is final and conclusive. 

18 ‘‘(b) FOREIGN INTERFERENCE IN ELECTIONS.—In 

19 addition to any other matter which is considered an urgent 

20 concern pursuant to section 103H(k)(5)(G), section 

21 17(d)(5)(G) of the Central Intelligence Agency Act of 

22 1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable pro23 vision of law, the term ‘urgent concern’ includes a serious 

24 or flagrant problem, abuse, violation of law or Executive 

25 order, or deficiency relating to foreign interference in elec26 tions in the United States.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of the National Security Act 

3 of 1947 is amended by inserting after the item relat4 ing to section 1201, as added by section 711, the 

5 following new item: 

‘‘Sec. 1203. Determination of matters of urgent concern.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) INTELLIGENCE COMMUNITY.—Section 

8 103H(k)(5)(G) of the National Security Act of 1947 

9 (50 U.S.C. 3033(k)(5)(G)) is amended by striking 

10 ‘‘In this paragraph’’ and inserting ‘‘In accordance 

11 with section 1203, in this paragraph’’. 

12 (2) CENTRAL INTELLIGENCE AGENCY.—Section 

13 17(d)(5)(G) of the Central Intelligence Agency Act 

14 of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended by 

15 striking ‘‘In this paragraph’’ and inserting ‘‘In ac16 cordance with section 1203 of the National Security 

17 Act of 1947, in this paragraph’’. 

18 (c) REPORTS ON UNRESOLVED DIFFERENCES.— 

19 Paragraph (3) of section 103H(k) of the National Security 

20 Act of 1947 (50 U.S.C. 3033(k)) is amended by adding 

21 at the end the following new subparagraph: 

22 ‘‘(C) With respect to each report submitted pursuant 

23 to subparagraph (A)(i), the Inspector General shall in24 clude in the report, at a minimum— 


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1 ‘‘(i) a general description of the unresolved dif2 ferences, the particular duties or responsibilities of 

3 the Inspector General involved, and, if such dif4 ferences relate to a complaint or information under 

5 paragraph (5), a description of the complaint or in6 formation and the entities or individuals identified in 

7 the complaint or information; and 

8 ‘‘(ii) to the extent such differences can be at9 tributed not only to the Director but also to any 

10 other official, department, agency, or office within 

11 the executive branch, or a component thereof, the ti12 tles of such official, department, agency, or office.’’. 

13 (d) CLARIFICATION OF ROLE OF DIRECTOR OF NA14 TIONAL INTELLIGENCE.—Section 102A(f)(1) of such Act 

15 (50 U.S.C. 3024(f)(1)) is amended— 

16 (1) by redesignating subparagraph (B) as sub17 paragraph (C); and 

18 (2) by inserting after subparagraph (A) the fol19 lowing new subparagraph: 

20 ‘‘(B) The authority of the Director of National Intel21 ligence under subparagraph (A) includes coordinating and 

22 supervising activities undertaken by elements of the intel23 ligence community for the purpose of protecting the 

24 United States from any foreign interference in elections 

25 in the United States.’’. 


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•S 2921 IS

1 SEC. 713. CONFORMING AMENDMENTS AND COORDINATION 

2 WITH OTHER PROVISIONS OF LAW. 

3 (a) INTELLIGENCE COMMUNITY.—Paragraph (4) of 

4 section 103H(c) of the National Security Act of 1947 (50 

5 U.S.C. 3033(c)) is amended to read as follows: 

6 ‘‘(4) The provisions of title XII shall apply to the In7 spector General with respect to the removal of the Inspec8 tor General and any other matter relating to the Inspector 

9 General as specifically provided for in such title.’’. 

10 (b) CENTRAL INTELLIGENCE AGENCY.—Paragraph 

11 (6) of section 17(b) of the Central Intelligence Agency Act 

12 of 1949 (50 U.S.C. 3517(b)) is amended to read as fol13 lows: 

14 ‘‘(6) The provisions of title XII of the National Secu15 rity Act of 1947 shall apply to the Inspector General with 

16 respect to the removal of the Inspector General and any 

17 other matter relating to the Inspector General as specifi18 cally provided for in such title.’’. 

19 (c) OTHER ELEMENTS.— 

20 (1) IN GENERAL.—Title XII of the National Se21 curity Act of 1947, as added by section 711, is fur22 ther amended by inserting after section 1203, as 

23 added by section 712(a), the following new section: 


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1 ‘‘SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF 

2 LAW. 

3 ‘‘No provision of law that is inconsistent with any 

4 provision of this title shall be considered to supersede, re5 peal, or otherwise modify a provision of this title unless 

6 such other provision of law specifically cites a provision 

7 of this title in order to supersede, repeal, or otherwise 

8 modify that provision of this title.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of the National Security Act 

11 of 1947 is amended by inserting after the item relat12 ing to section 1203, as added by section 712, the 

13 following new item: 

‘‘Sec. 1205. Coordination with other provisions of law.’’. 

14 Subtitle C—Congressional 

15 Notification 

16 SEC. 721. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Inspector General 

18 Protection Act’’. 

19 SEC. 722. CHANGE IN STATUS OF INSPECTOR GENERAL OF20 FICES. 

21 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF

22 OFFICE.—Paragraph (1) of section 3(b) of the Inspector 

23 General Act of 1978 (5 U.S.C. App.), as designated by 

24 section 702, is amended— 


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1 (1) by inserting ‘‘, is placed on paid or unpaid 

2 non-duty status,’’ after ‘‘is removed from office’’; 

3 (2) by inserting ‘‘, change in status,’’ after 

4 ‘‘any such removal’’; and 

5 (3) by inserting ‘‘, change in status,’’ after ‘‘be6 fore the removal’’. 

7 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF

8 DESIGNATED FEDERAL ENTITY.—Section 8G(e)(2) of the 

9 Inspector General Act of 1978 (5 U.S.C. App.), as amend10 ed by section 703, is amended— 

11 (1) by inserting ‘‘, is placed on paid or unpaid 

12 non-duty status,’’ after ‘‘office’’; 

13 (2) by inserting ‘‘, change in status,’’ after 

14 ‘‘any such removal’’; and 

15 (3) by inserting ‘‘, change in status,’’ after ‘‘be16 fore the removal’’. 

17 (c) EXCEPTION TO REQUIREMENT TO SUBMIT COM18 MUNICATION RELATING TO CERTAIN CHANGES IN STA19 TUS.— 

20 (1) COMMUNICATION RELATING TO CHANGE IN

21 STATUS OF INSPECTOR GENERAL OF OFFICE.—Sec22 tion 3(b) of the Inspector General Act of 1978 (5 

23 U.S.C. App.), as amended by section 702, is amend24 ed— 


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•S 2921 IS

1 (A) in paragraph (1), by striking ‘‘If’’ and 

2 inserting ‘‘Except as provided in paragraph (4), 

3 if’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(4) If an Inspector General is placed on paid or un6 paid non-duty status, the President may submit the com7 munication described in paragraph (1) to Congress later 

8 than 30 days before the Inspector General is placed on 

9 paid or unpaid non-duty status, but in any case not later 

10 than the date on which the placement takes effect, if— 

11 ‘‘(A) the President determines that a delay in 

12 placing the Inspector General on paid or unpaid 

13 non-duty status would— 

14 ‘‘(i) pose a threat to the Inspector General 

15 or others; 

16 ‘‘(ii) result in the destruction of evidence 

17 relevant to an investigation; or 

18 ‘‘(iii) result in loss of or damage to Gov19 ernment property; and 

20 ‘‘(B) in the communication, the President in21 cludes— 

22 ‘‘(i) a specification of which clause the 

23 President relied on to make the determination 

24 under subparagraph (A); 


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1 ‘‘(ii) the substantive rationale, including 

2 detailed and case-specific reasons, for such de3 termination; 

4 ‘‘(iii) if the President relied on an inquiry 

5 to make such determination, an identification of 

6 each entity that is conducting, or that con7 ducted, such inquiry; and 

8 ‘‘(iv) if an inquiry described in clause (iii) 

9 is completed, the findings of that inquiry. 

10 ‘‘(5) The President may not place an Inspector Gen11 eral on paid or unpaid non-duty status during the 30-day 

12 period preceding the date on which the Inspector General 

13 is removed or transferred under paragraph (1) unless the 

14 President— 

15 ‘‘(A) determines that not placing the Inspector 

16 General on paid or unpaid non-duty status would— 

17 ‘‘(i) pose a threat to the Inspector General 

18 or others; 

19 ‘‘(ii) result in the destruction of evidence 

20 relevant to an investigation; or 

21 ‘‘(iii) result in loss of or damage to Gov22 ernment property; and 

23 ‘‘(B) on or before the date on which the place24 ment takes effect, submits to the committee in the 

25 Senate and the committee in the House of RepVerDate Sep 11 2014 03:43 Oct 03, 2021 Jkt 029200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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•S 2921 IS

1 resentatives that has jurisdiction over the Inspector 

2 General involved, the Committee on Homeland Secu3 rity and Governmental Affairs of the Senate, and 

4 the Committee on Oversight and Reform of the 

5 House of Representatives a written communication 

6 that contains— 

7 ‘‘(i) a specification of which clause under 

8 subparagraph (A) the President relied on to 

9 make the determination under such subpara10 graph; 

11 ‘‘(ii) the substantive rationale, including 

12 detailed and case-specific reasons, for such de13 termination; 

14 ‘‘(iii) if the President relied on an inquiry 

15 to make such determination, an identification of 

16 each entity that is conducting, or that con17 ducted, such inquiry; and 

18 ‘‘(iv) if an inquiry described in clause (iii) 

19 is completed, the findings of that inquiry.’’. 

20 (2) COMMUNICATION RELATING TO CHANGE IN

21 STATUS OF INSPECTOR GENERAL OF DESIGNATED

22 FEDERAL ENTITY.—Section 8G(e) of the Inspector 

23 General Act of 1978 (5 U.S.C. App.), as amended 

24 by section 702, is amended— 


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•S 2921 IS

1 (A) in paragraph (2), by striking ‘‘If’’ and 

2 inserting ‘‘Except as provided in paragraph (4), 

3 if’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(4) If an Inspector General is placed on paid or un6 paid non-duty status, the head of the designated Federal 

7 entity may submit the communication described in para8 graph (2) to Congress later than 30 days before the In9 spector General is placed on paid or unpaid non-duty sta10 tus, but in any case not later than the date on which the 

11 placement takes effect, if— 

12 ‘‘(A) the head of the designated Federal entity 

13 determines that a delay in placing the Inspector 

14 General on paid or unpaid non-duty status would— 

15 ‘‘(i) pose a threat to the Inspector General 

16 or others; 

17 ‘‘(ii) result in the destruction of evidence 

18 relevant to an investigation; or 

19 ‘‘(iii) result in loss of or damage to Gov20 ernment property; and 

21 ‘‘(B) in the communication, the head of the 

22 designated Federal entity includes— 

23 ‘‘(i) a specification of which clause under 

24 subparagraph (A) the head of the designated 


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•S 2921 IS

1 Federal entity relied on to make the determina2 tion under such subparagraph; 

3 ‘‘(ii) the substantive rationale, including 

4 detailed and case-specific reasons, for such de5 termination; 

6 ‘‘(iii) if the head relied on an inquiry to 

7 make such determination, an identification of 

8 each entity that is conducting, or that con9 ducted, such inquiry; and 

10 ‘‘(iv) if an inquiry described in clause (iii) 

11 is completed, the findings of that inquiry. 

12 ‘‘(5) The head of a designated Federal entity may 

13 not place an Inspector General on paid or unpaid non14 duty status during the 30-day period preceding the date 

15 on which the Inspector General is removed or transferred 

16 under paragraph (2) unless the head of the designated 

17 Federal entity— 

18 ‘‘(A) determines that not placing the Inspector 

19 General on paid or unpaid non-duty status would— 

20 ‘‘(i) pose a threat to the Inspector General 

21 or others; 

22 ‘‘(ii) result in the destruction of evidence 

23 relevant to an investigation; or 

24 ‘‘(iii) result in loss of or damage to Gov25 ernment property; and 


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•S 2921 IS

1 ‘‘(B) on or before the date on which the place2 ment takes effect, submits to the committee in the 

3 Senate and the committee in the House of Rep4 resentatives that has jurisdiction over the Inspector 

5 General involved, the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate, and 

7 the Committee on Oversight and Reform of the 

8 House of Representatives a written communication 

9 that contains— 

10 ‘‘(i) a specification of which clause under 

11 subparagraph (A) the head of the designated 

12 Federal entity relied on to make the determina13 tion under such subparagraph; 

14 ‘‘(ii) the substantive rationale, including 

15 detailed and case-specific reasons, for such de16 termination; 

17 ‘‘(iii) if the head of the designated Federal 

18 entity relied on an inquiry to make such deter19 mination, an identification of each entity that is 

20 conducting, or that conducted, such inquiry; 

21 and 

22 ‘‘(iv) if an inquiry described in clause (iii) 

23 is completed, the findings of that inquiry.’’. 

24 (d) APPLICATION.—The amendments made by this 

25 section shall apply with respect to removals, transfers, and 


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•S 2921 IS

1 changes of status occurring on or after the date that is 

2 30 days after the date of enactment of this Act. 

3 SEC. 723. PRESIDENTIAL EXPLANATION OF FAILURE TO 

4 NOMINATE AN INSPECTOR GENERAL. 

5 (a) IN GENERAL.—Subchapter III of chapter 33 of 

6 title 5, United States Code, is amended by inserting after 

7 section 3349d the following: 

8 ‘‘§ 3349e. Presidential explanation of failure to nomi9 nate an Inspector General 

10 ‘‘If the President fails to make a formal nomination 

11 for a vacant Inspector General position that requires a for12 mal nomination by the President to be filled within the 

13 period beginning on the date on which the vacancy oc14 curred and ending on the day that is 210 days after that 

15 date, the President shall communicate, within 30 days 

16 after the end of such period, to Congress in writing— 

17 ‘‘(1) the reasons why the President has not yet 

18 made a formal nomination; and 

19 ‘‘(2) a target date for making a formal nomina20 tion.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 33 of title 5, United States Code, is amended 

23 by inserting after the item relating to 3349d the following: 

‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 

24 (c) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall take effect on the date of enactment 


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•S 2921 IS

1 of this Act and shall apply to any vacancy first occurring 

2 on or after that date. 

3 TITLE VIII—PROTECTING 

4 WHISTLEBLOWERS 

5 SEC. 801. SHORT TITLE. 

6 This title may be cited as the ‘‘Whistleblower Protec7 tion Improvement Act of 2021’’. 

8 Subtitle A—Whistleblower 

9 Protection Improvement 

10 SEC. 811. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 

11 (a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 

12 (1) IN GENERAL.—Section 2302(a)(2)(A) of 

13 title 5, United States Code, is amended— 

14 (A) in clause (xi), by striking ‘‘and’’ at the 

15 end; 

16 (B) by redesignating clause (xii) as clause 

17 (xiii); and 

18 (C) by inserting after the clause (xi) the 

19 following: 

20 ‘‘(xii) for purposes of subsection (b)(8)— 

21 ‘‘(I) the commencement, expansion, or 

22 extension of an investigation, but not in23 cluding any investigation that is ministerial 

24 or nondiscretionary (including a ministerial 

25 or nondiscretionary investigation described 


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•S 2921 IS

1 in section 1213) or any investigation that 

2 is conducted by an Inspector General of an 

3 entity of the Government of an employee 

4 not employed by the office of that Inspec5 tor General; and 

6 ‘‘(II) a referral to an Inspector Gen7 eral of an entity of the Government, except 

8 for a referral that is ministerial or nondis9 cretionary; and’’. 

10 (2) APPLICATION.—The amendment made by 

11 paragraph (1) shall apply to any investigation com12 menced, expanded, or extended, or to any referral 

13 made, as described under clause (xii) of section 

14 2302(a)(2)(A) of title 5, United States Code, as 

15 amended by such paragraph, on or after the date of 

16 enactment of this Act. 

17 (b) RIGHT TO PETITION CONGRESS.— 

18 (1) IN GENERAL.—Section 2302(b)(9) of title 

19 5, United States Code, is amended— 

20 (A) in subparagraph (C), by striking ‘‘or’’ 

21 at the end; 

22 (B) in subparagraph (D), by adding ‘‘or’’ 

23 after the semicolon at the end; and 

24 (C) by adding at the end the following: 


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•S 2921 IS

1 ‘‘(E) the exercise of any right protected 

2 under section 7211;’’. 

3 (2) APPLICATION.—The amendment made by 

4 paragraph (1) shall apply to the exercise of any 

5 right described in subparagraph (E) of section 

6 2302(b)(9) of title 5, United States Code, as added 

7 by such paragraph (1), occurring on or after the 

8 date of enactment of this Act. 

9 (c) PROHIBITION ON DISCLOSURE OF WHISTLE10 BLOWER IDENTITY.— 

11 (1) IN GENERAL.—Section 2302 of title 5, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘(g)(1) No employee of an agency may willfully com15 municate or transmit to any individual who is not an offi16 cer or employee of the Government the identity of, or per17 sonally identifiable information about, any other employee 

18 because that other employee has made, or is suspected to 

19 have made, a disclosure protected by subsection (b)(8), 

20 unless— 

21 ‘‘(A) the other employee provides express writ22 ten consent prior to the communication or trans23 mission of their identity or personally identifiable in24 formation; 


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•S 2921 IS

1 ‘‘(B) the communication or transmission is 

2 made in accordance with the provisions of section 

3 552a; 

4 ‘‘(C) the communication or transmission is 

5 made to a lawyer for the sole purpose of providing 

6 legal advice to an employee accused of whistleblower 

7 retaliation; or 

8 ‘‘(D) the communication or transmission is re9 quired or permitted by any other provision of law. 

10 ‘‘(2) In this subsection, the term ‘officer or employee 

11 of the Government’ means— 

12 ‘‘(A) the President; 

13 ‘‘(B) a Member of Congress; 

14 ‘‘(C) a member of the uniformed services; 

15 ‘‘(D) an employee, as that term is defined in 

16 section 2105, including an employee of the United 

17 States Postal Service, the Postal Regulatory Com18 mission, or the Department of Veterans Affairs (in19 cluding any employee appointed pursuant to chapter 

20 73 or 74 of title 38); and 

21 ‘‘(E) any other officer or employee in any 

22 branch of the Government of the United States.’’. 

23 (2) APPLICATION.—The amendment made by 

24 paragraph (1) shall apply to any transmission or 

25 communication described in subsection (g) of section 


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•S 2921 IS

1 2302 of title 5, United States Code, as added by 

2 such paragraph (1), made on or after the date of en3 actment of this Act. 

4 (d) RIGHT TO PETITION CONGRESS.— 

5 (1) IN GENERAL.—Section 7211 of title 5, 

6 United States Code, is amended to read as follows: 

7 ‘‘§ 7211. Employees’ right to petition or furnish infor8 mation or respond to Congress 

9 ‘‘(a) IN GENERAL.—Each officer or employee of the 

10 Federal Government, individually or collectively, has a 

11 right to— 

12 ‘‘(1) petition Congress or a Member of Con13 gress; 

14 ‘‘(2) furnish information, documents, or testi15 mony to either House of Congress, any Member of 

16 Congress, or any committee or subcommittee of Con17 gress; or 

18 ‘‘(3) respond to any request for information, 

19 documents, or testimony from either House of Con20 gress or any Committee or subcommittee of Con21 gress. 

22 ‘‘(b) PROHIBITED ACTIONS.—No officer or employee 

23 of the Federal Government may interfere with or deny the 

24 right set forth in subsection (a), including by— 


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•S 2921 IS

1 ‘‘(1) prohibiting or preventing, or attempting or 

2 threatening to prohibit or prevent, any other officer 

3 or employee of the Federal Government from engag4 ing in activity protected in subsection (a); or 

5 ‘‘(2) removing, suspending from duty without 

6 pay, demoting, reducing in rank, seniority, status, 

7 pay, or performance or efficiency rating, denying 

8 promotion to, relocating, reassigning, transferring, 

9 disciplining, or discriminating in regard to any em10 ployment right, entitlement, or benefit, or any term 

11 or condition of employment of, any other officer or 

12 employee of the Federal Government or attempting 

13 or threatening to commit any of the foregoing ac14 tions protected in subsection (a). 

15 ‘‘(c) APPLICATION.—This section shall not be con16 strued to authorize disclosure of any information that is— 

17 ‘‘(1) specifically prohibited from disclosure by 

18 any other provision of Federal law; or 

19 ‘‘(2) specifically required by Executive order to 

20 be kept secret in the interest of national defense or 

21 the conduct of foreign affairs, unless disclosure is 

22 otherwise authorized by law. 

23 ‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE OF

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1 tion, the term ‘officer or employee of the Federal Govern2 ment’ includes— 

3 ‘‘(1) the President; 

4 ‘‘(2) a Member of Congress; 

5 ‘‘(3) a member of the uniformed services; 

6 ‘‘(4) an employee (as that term is defined in 

7 section 2105); 

8 ‘‘(5) an employee of the United States Postal 

9 Service or the Postal Regulatory Commission; and 

10 ‘‘(6) an employee appointed under chapter 73 

11 or 74 of title 38.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions for subchapter II of chapter 72 of title 5, 

14 United States Code, is amended by striking the item 

15 related to section 7211 and inserting the following: 

‘‘7211. Employees’ right to petition or furnish information or respond to Congress.’’. 

16 SEC. 812. ENHANCEMENT OF WHISTLEBLOWER PROTEC17 TIONS. 

18 (a) DISCLOSURES RELATING TO OFFICERS OR EM19 PLOYEES OF AN OFFICE OF INSPECTOR GENERAL.—Sec20 tion 1213(c) of title 5, United States Code, is amended 

21 by adding at the end the following: 

22 ‘‘(3) If the information transmitted under this sub23 section disclosed a violation of law, rule, or regulation, or 

24 gross waste, gross mismanagement, abuse of authority, or 


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1 a substantial and specific danger to public health or safe2 ty, by any officer or employee of an Office of Inspector 

3 General, the Special Counsel may refer the matter to the 

4 Council of the Inspectors General on Integrity and Effi5 ciency, which shall comply with the standards and proce6 dures applicable to investigations and reports under this 

7 subsection.’’. 

8 (b) RETALIATORY REFERRALS TO INSPECTORS GEN9 ERAL.—Section 1214(d) of title 5, United States Code, 

10 is amended by adding at the end the following: 

11 ‘‘(3) In any case in which the Special Counsel deter12 mines that a referral to an Inspector General of an entity 

13 of the Federal Government was in retaliation for a disclo14 sure or protected activity described in section 2302(b)(8) 

15 or in retaliation for exercising a right described in section 

16 2302(b)(9)(A)(i), the Special Counsel shall transmit that 

17 finding in writing to the Inspector General within 7 days 

18 of making the finding. The Inspector General shall con19 sider that finding and make a determination on whether 

20 to initiate an investigation or continue an investigation 

21 based on the referral that the Special Counsel found to 

22 be retaliatory.’’. 

23 (c) ENSURING TIMELY RELIEF.— 

24 (1) INDIVIDUAL RIGHT OF ACTION.—Section 

25 1221 of title 5, United States Code, is amended by 


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1 striking ‘‘section 2302(b)(8) or section 

2 2302(b)(9)(A)(i), (B), (C), or (D),’’ each place it ap3 pears and inserting ‘‘section 2302(b)(8), section 

4 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 

5 2302(b)(13), or section 2302(g),’’. 

6 (2) STAYS.—Section 1221(c)(2) of title 5, 

7 United States Code, is amended to read as follows: 

8 ‘‘(2) Any stay requested under paragraph (1) shall 

9 be granted within 10 calendar days (excluding Saturdays, 

10 Sundays, and legal holidays) after the date the request 

11 is made, if the Board— 

12 ‘‘(A) determines that there is a substantial like13 lihood that protected activity was a contributing fac14 tor to the personnel action involved; or 

15 ‘‘(B) otherwise determines that such a stay 

16 would be appropriate.’’. 

17 (3) APPEAL OF STAY.—Section 1221(c) of title 

18 5, United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘(4) If any stay requested under paragraph (1) is de21 nied, the employee, former employee, or applicant may, 

22 within 7 days after receiving notice of the denial, file an 

23 appeal for expedited review by the Board. The agency shall 

24 have 7 days thereafter to respond. The Board shall provide 

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1 peal. During the period of appeal, both parties may sup2 plement the record with information unavailable to them 

3 at the time the stay was first requested.’’. 

4 (4) ACCESS TO DISTRICT COURT; JURY

5 TRIALS.— 

6 (A) IN GENERAL.—Section 1221(i) of title 

7 5, United States Code, is amended— 

8 (i) by striking ‘‘(i) Subsections’’ and 

9 inserting ‘‘(i)(1) Subsections’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(2)(A) If, in the case of an employee, former em13 ployee, or applicant for employment who seeks corrective 

14 action from the Merit Systems Protection Board based on 

15 an alleged prohibited personnel practice described in sec16 tion 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 

17 or (E), section 2302(b)(13), or section 2302(g), no final 

18 order or decision is issued by the Board within 180 days 

19 after the date on which a request for such corrective action 

20 has been duly submitted to the Board, such employee, 

21 former employee, or applicant may, after providing written 

22 notice to the Special Counsel and the Board and only with23 in 20 days after providing such notice, bring an action 

24 for review de novo before the appropriate United States 

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1 ther party to such action, be tried before a jury. Upon 

2 filing of an action with the appropriate United States dis3 trict court, any proceedings before the Board shall cease 

4 and the employee, former employee, or applicant for em5 ployment waives any right to refile with the Board. 

6 ‘‘(B) If the Board certifies (in writing) to the parties 

7 of a case that the complexity of such case requires a longer 

8 period of review, subparagraph (A) shall be applied by 

9 substituting ‘240 days’ for ‘180 days’. 

10 ‘‘(C) In any such action brought before a United 

11 States district court under subparagraph (A), the court— 

12 ‘‘(i) shall apply the standards set forth in sub13 section (e); and 

14 ‘‘(ii) may award any relief that the court con15 siders appropriate, including any relief described in 

16 subsection (g).’’. 

17 (B) APPLICATION.— 

18 (i) IN GENERAL.—The amendments 

19 made by subparagraph (A) shall apply to 

20 any corrective action duly submitted to the 

21 Merit Systems Protection Board, during 

22 the 5-year period preceding the date of en23 actment of this Act, by an employee, 

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1 sonnel practice described in section 

2 2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or 

3 (D), or 2302(b)(13) of title 5, United 

4 States Code, with respect to which no final 

5 order or decision has been issued by the 

6 Board. 

7 (ii) LIMITATION.—In the case of an 

8 individual described in clause (i) whose 

9 duly submitted claim to the Merit Systems 

10 Protection Board was made not later than 

11 180 days before the date of enactment of 

12 this Act, such individual may only bring an 

13 action before a United States district court 

14 as described in section 1221(i)(2) of title 

15 5, United States Code (as added by sub16 paragraph (A)), if that individual— 

17 (I) provides written notice to the 

18 Office of Special Counsel and the 

19 Merit Systems Protection Board not 

20 later than 90 days after the date of 

21 enactment of this Act; and 

22 (II) brings such action not later 

23 than 20 days after providing such no24 tice. 


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1 (d) RECIPIENTS OF WHISTLEBLOWER DISCLO2 SURES.—Section 2302(b)(8)(B) of title 5, United States 

3 Code, is amended by striking ‘‘or to the Inspector General 

4 of an agency or another employee designated by the head 

5 of the agency to receive such disclosures’’ and inserting 

6 ‘‘the Inspector General of an agency, a supervisor in the 

7 employee’s direct chain of command up to and including 

8 the head of the employing agency, or to an employee des9 ignated by any of the aforementioned individuals for the 

10 purpose of receiving such disclosures’’. 

11 (e) ATTORNEY FEES.— 

12 (1) IN GENERAL.—Section 7703(a) of title 5, 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(3) If an employee, former employee, or applicant 

16 for employment is the prevailing party under a proceeding 

17 brought under this section, the employee, former em18 ployee, or applicant for employment shall be entitled to 

19 attorney fees for all representation carried out pursuant 

20 to this section. In such an action for attorney fees, the 

21 agency responsible for taking the personnel action shall 

22 be the respondent and shall be responsible for paying the 

23 fees.’’. 

24 (2) APPLICATION.—In addition to any pro25 ceeding brought by an employee, former employee, 


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1 or applicant for employment on or after the date of 

2 enactment of this Act to a Federal court under sec3 tion 7703 of title 5, United States Code, the amend4 ment made by paragraph (1) shall apply to any pro5 ceeding brought by an employee, former employee, 

6 or applicant for employment under such section be7 fore the date of enactment of this Act with respect 

8 to which the applicable Federal court has not issued 

9 a final decision. 

10 (f) EXTENDING WHISTLEBLOWER PROTECTION ACT

11 TO CERTAIN EMPLOYEES.— 

12 (1) IN GENERAL.—Section 2302(a)(2)(A) of 

13 title 5, United States Code, is amended in the mat14 ter following clause (xiii), as so redesignated by sec15 tion 811(a)(1)— 

16 (A) by inserting ‘‘subsection (b)(9)(A)(i), 

17 (B), (C), (D), or (E), subsection (b)(13), or 

18 subsection (g),’’ after ‘‘subsection (b)(8),’’; and 

19 (B) by inserting after ‘‘title 31’’ the fol20 lowing: ‘‘, a commissioned officer or applicant 

21 for employment in the Public Health Service, 

22 an officer or applicant for employment in the 

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1 career appointee in the Senior Executive Serv2 ice’’. 

3 (2) CONFORMING AMENDMENTS.—Section 261 

4 of the National Oceanic and Atmospheric Adminis5 tration Commissioned Officer Corps Act of 2002 (33 

6 U.S.C. 3071) is amended— 

7 (A) in subsection (a)— 

8 (i) by striking paragraph (8); and 

9 (ii) by redesignating paragraphs (9) 

10 through (26) as paragraphs (8) through 

11 (25), respectively; 

12 (B) in subsection (b), by striking the sec13 ond sentence; and 

14 (C) by striking subsection (c). 

15 (3) APPLICATION.— 

16 (A) IN GENERAL.—With respect to an offi17 cer or applicant for employment in the commis18 sioned officer corps of the National Oceanic and 

19 Atmospheric Administration, the amendments 

20 made by paragraphs (1) and (2) shall apply to 

21 any personnel action taken against such officer 

22 or applicant on or after the date of enactment 

23 of the National Oceanic and Atmospheric Ad24 ministration Commissioned Officer Corps 

25 Amendments Act of 2020 (Public Law 116– 


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1 259) for making any disclosure protected under 

2 section 2302(b)(8) of title 5, United States 

3 Code. 

4 (B) EXCEPTION.—Subparagraph (A) shall 

5 not apply to any personnel action with respect 

6 to which an allegation has been submitted pur7 suant to section 1034 of title 10, United States 

8 Code, and a final decision has been rendered re9 garding such allegation. 

10 (C) DEFINITIONS.—In this paragraph, the 

11 terms ‘‘disclosure’’ and ‘‘personnel action’’ have 

12 the meanings given those terms in section 

13 2302(a) of title 5, United States Code. 

14 (g) RELIEF.— 

15 (1) IN GENERAL.—Section 7701(b)(2)(A) of 

16 title 5, United States Code, is amended by striking 

17 ‘‘upon the making of the decision’’ and inserting 

18 ‘‘upon making of the decision, necessary to make the 

19 employee whole as if there had been no prohibited 

20 personnel practice, including training, seniority, and 

21 promotions consistent with the employee’s prior 

22 record’’. 

23 (2) APPLICATION.—In addition to any appeal 

24 made on or after the date of enactment of this Act 

25 to the Merit Systems Protection Board under section 


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1 7701 of title 5, United States Code, the amendment 

2 made by paragraph (1) shall apply to any appeal 

3 made under such section before the date of enact4 ment of this Act with respect to which the Board 

5 has not issued a final decision. 

6 SEC. 813. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE 

7 PERSONNEL ACTIONS. 

8 (a) IN GENERAL.—Section 7512 of title 5, United 

9 States Code, is amended— 

10 (1) in paragraph (4), by striking ‘‘and’’ at the 

11 end; and 

12 (2) by striking paragraph (5) and inserting the 

13 following: 

14 ‘‘(5) a furlough of more than 14 days but less 

15 than 30 days; and 

16 ‘‘(6) a furlough of 13 days or less that is not 

17 due to a lapse in appropriations;’’. 

18 (b) APPLICATION.—The amendment made by sub19 section (a) shall apply to any furlough covered by para20 graph (5) or (6) of section 7512 of title 5, United States 

21 Code, as amended by such subsection, occurring on or 

22 after the date of enactment of this Act. 


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1 SEC. 814. CODIFICATION OF PROTECTIONS FOR DISCLO2 SURES OF CENSORSHIP RELATED TO RE3 SEARCH, ANALYSIS, OR TECHNICAL INFOR4 MATION. 

5 (a) IN GENERAL.—Section 2302 of title 5, United 

6 States Code, as amended by section 811(c)(1), is further 

7 amended by adding at the end the following: 

8 ‘‘(h)(1) In this subsection— 

9 ‘‘(A) the term ‘applicant’ means an applicant 

10 for a covered position; 

11 ‘‘(B) the term ‘censorship related to research, 

12 analysis, or technical information’ means any effort 

13 to distort, misrepresent, or suppress research, anal14 ysis, or technical information; and 

15 ‘‘(C) the term ‘employee’ means an employee in 

16 a covered position in an agency. 

17 ‘‘(2)(A) Any disclosure of information by an employee 

18 or applicant for employment that the employee or appli19 cant reasonably believes is evidence of censorship related 

20 to research, analysis, or technical information— 

21 ‘‘(i) shall come within the protections of sub22 section (b)(8)(A) if— 

23 ‘‘(I) the employee or applicant reasonably 

24 believes that the censorship related to research, 

25 analysis, or technical information is or will 

26 cause— 


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1 ‘‘(aa) any violation of law, rule, or 

2 regulation; or 

3 ‘‘(bb) gross mismanagement, a gross 

4 waste of funds, an abuse of authority, or 

5 a substantial and specific danger to public 

6 health or safety; and 

7 ‘‘(II) such disclosure is not specifically pro8 hibited by law or such information is not spe9 cifically required by Executive order to be kept 

10 classified in the interest of national defense or 

11 the conduct of foreign affairs; and 

12 ‘‘(ii) shall come within the protections of sub13 section (b)(8)(B) if— 

14 ‘‘(I) the employee or applicant reasonably 

15 believes that the censorship related to research, 

16 analysis, or technical information is or will 

17 cause— 

18 ‘‘(aa) any violation of law, rule, or 

19 regulation; or 

20 ‘‘(bb) gross mismanagement, a gross 

21 waste of funds, an abuse of authority, or 

22 a substantial and specific danger to public 

23 health or safety; and 

24 ‘‘(II) the disclosure is made to the Special 

25 Counsel, or to the Inspector General of an 


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1 agency or another person designated by the 

2 head of the agency to receive such disclosures, 

3 consistent with the protection of sources and 

4 methods. 

5 ‘‘(3) A disclosure shall not be excluded from para6 graph (2) for any reason described under paragraph (1) 

7 or (2) of subsection (f). 

8 ‘‘(4) Nothing in this subsection shall be construed to 

9 imply any limitation on the protections of employees and 

10 applicants afforded by any other provision of law, includ11 ing protections with respect to any disclosure of informa12 tion believed to be evidence of censorship related to re13 search, analysis, or technical information.’’. 

14 (b) REPEAL.— 

15 (1) IN GENERAL.—Section 110 of the Whistle16 blower Protection Enhancement Act of 2012 (5 

17 U.S.C. 2302 note) is hereby repealed. 

18 (2) RULE OF CONSTRUCTION.—Nothing in this 

19 section shall be construed to limit or otherwise affect 

20 any action under section 110 of the Whistleblower 

21 Protection Enhancement Act of 2012 (5 U.S.C. 

22 2302 note) commenced before the date of enactment 

23 of this Act or any protections afforded by such sec24 tion with respect to such action. 


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1 SEC. 815. TITLE 5 TECHNICAL AND CONFORMING AMEND2 MENTS. 

3 Title 5, United States Code, is amended— 

4 (1) in section 1212(h), by striking ‘‘or (9)’’ 

5 each place it appears and inserting ‘‘, (b)(9), 

6 (b)(13), or (g)’’; 

7 (2) in section 1214— 

8 (A) in subsections (a) and (b), by striking 

9 ‘‘section 2302(b)(8) or section 2302(b)(9)(A)(i), 

10 (B), (C), or (D)’’ each place it appears and in11 serting ‘‘section 2302(b)(8), section 

12 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 

13 2302(b)(13), or section 2302(g)’’; and 

14 (B) in subsection (i), by striking ‘‘section 

15 2302(b)(8) or subparagraph (A)(i), (B), (C), or 

16 (D) of section 2302(b)(9)’’ and inserting ‘‘sec17 tion 2302(b)(8), subparagraph (A)(i), (B), (C), 

18 (D), or (E) of section 2302(b)(9), section 

19 2302(b)(13), or section 2302(g)’’; 

20 (3) in section 1215(a)(3)(B), by striking ‘‘sec21 tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 

22 (D)’’ each place it appears and inserting ‘‘section 

23 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 

24 or (E), section 2302(b)(13), or section 2302(g)’’; 

25 (4) in section 2302— 

26 (A) in subsection (a)— 


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1 (i) in paragraph (1), by inserting ‘‘or 

2 (g)’’ after ‘‘subsection (b)’’; and 

3 (ii) in paragraph (2)(C)(i), by striking 

4 ‘‘subsection (b)(8) or section 

5 2302(b)(9)(A)(i), (B), (C), or (D)’’ and in6 serting ‘‘section 2302(b)(8), section 

7 2302(b)(9)(A)(i), (B), (C), (D), or (E), 

8 section 2302(b)(13), or section 2302(g)’’; 

9 and 

10 (B) in subsection (c)(1)(B), by striking 

11 ‘‘paragraph (8) or subparagraph (A)(i), (B), 

12 (C), or (D) of paragraph (9) of subsection (b)’’ 

13 and inserting ‘‘paragraph (8), subparagraph 

14 (A)(i), (B), (C), or (D) of paragraph (9), or 

15 paragraph (13), of subsection (b), or subsection 

16 (g)’’; 

17 (5) in section 7515(a)(2), by striking ‘‘para18 graph (8), (9), or (14) of section 2302(b)’’ and in19 serting ‘‘paragraph (8), (9), (13), or (14) of section 

20 2302(b) or section 2302(g)’’; 

21 (6) in section 7701(c)(2)(B), by inserting ‘‘or 

22 section 2302(g)’’ after ‘‘section 2302(b)’’; and 

23 (7) in section 7703(b)(1)(B), by striking ‘‘sec24 tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 

25 (D)’’ and inserting ‘‘section 2302(b)(8), section 


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1 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 

2 2302(b)(13), or section 2302(g)’’. 

3 Subtitle B—Whistleblowers of the 

4 Intelligence Community 

5 SEC. 821. LIMITATION ON SHARING OF INTELLIGENCE 

6 COMMUNITY WHISTLEBLOWER COMPLAINTS 

7 WITH PERSONS NAMED IN SUCH COM8 PLAINTS. 

9 (a) IN GENERAL.—Title XII of the National Security 

10 Act of 1947, as added by section 711, is further amended 

11 by inserting after section 1205, as added by section 

12 713(c), the following new subtitle: 

13 ‘‘Subtitle B—Protections for 

14 Whistleblowers 

15 ‘‘SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE 

16 COMMUNITY WHISTLEBLOWER COMPLAINTS 

17 WITH PERSONS NAMED IN SUCH COM18 PLAINTS. 

19 ‘‘(a) WHISTLEBLOWER DISCLOSURE INFORMATION

20 DEFINED.—In this section, the term ‘whistleblower disclo21 sure information’ means, with respect to a whistleblower 

22 disclosure— 

23 ‘‘(1) the disclosure; 

24 ‘‘(2) confirmation of the fact of the existence of 

25 the disclosure; or 


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1 ‘‘(3) the identity, or other identifying informa2 tion, of the whistleblower who made the disclosure. 

3 ‘‘(b) IN GENERAL.—It shall be unlawful for any em4 ployee or officer of the Federal Government to knowingly 

5 and willfully share any whistleblower disclosure informa6 tion with any individual named as a subject of the whistle7 blower disclosure and alleged in the disclosure to have en8 gaged in misconduct, unless— 

9 ‘‘(1) the whistleblower consented, in writing, to 

10 such sharing before the sharing occurs; 

11 ‘‘(2) a covered Inspector General to whom such 

12 disclosure is made— 

13 ‘‘(A) determines that such sharing is nec14 essary to advance an investigation, audit, in15 spection, review, or evaluation by the Inspector 

16 General; and 

17 ‘‘(B) notifies the whistleblower of such 

18 sharing before the sharing occurs; or 

19 ‘‘(3) an attorney for the Government— 

20 ‘‘(A) determines that such sharing is nec21 essary to advance an investigation by the attor22 ney; and 

23 ‘‘(B) notifies the whistleblower of such 

24 sharing before the sharing occurs.’’. 

25 (b) TECHNICAL AND CLERICAL AMENDMENTS.— 


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1 (1) TRANSFER.—The National Security Act of 

2 1947 (50 U.S.C. 3001 et seq.) is amended as fol3 lows: 

4 (A) Section 1104 is— 

5 (i) transferred to title XII of such 

6 Act, as added by section 711; 

7 (ii) inserted before section 1223 of 

8 such Act, as added by this section; and 

9 (iii) redesignated as section 1221. 

10 (B) Section 1106 is— 

11 (i) amended by striking ‘‘section 

12 1104’’ each place it appears and inserting 

13 ‘‘section 1221’’; 

14 (ii) transferred to title XII of such 

15 Act, as added by section 711; 

16 (iii) inserted after section 1223 of 

17 such Act, as added by this section; and 

18 (iv) redesignated as section 1225. 

19 (2) CLERICAL AMENDMENTS.—The table of sec20 tions at the beginning of the National Security Act 

21 of 1947 is amended— 

22 (A) by striking the items relating to sec23 tion 1104 and section 1106; and 

24 (B) by inserting after the item relating to 

25 section 1205 the following new items: 

‘‘SUBTITLE B—PROTECTIONS FOR WHISTLEBLOWERS 


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‘‘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.’’. 

1 (c) DEFINITIONS.—Section 3 of such Act (50 U.S.C. 

2 3003), as amended by section 711, is further amended by 

3 adding at the end the following new paragraphs: 

4 ‘‘(9) The term ‘whistleblower’ means a person 

5 who makes a whistleblower disclosure. 

6 ‘‘(10) The term ‘whistleblower disclosure’ 

7 means a disclosure that is protected under section 

8 1221 of this Act or section 3001(j)(1) of the Intel9 ligence Reform and Terrorism Prevention Act of 

10 2004 (50 U.S.C. 3341(j)).’’. 

11 (d) CONFORMING AMENDMENT.—Section 5331 of the 

12 Damon Paul Nelson and Matthew Young Pollard Intel13 ligence Authorization Act for Fiscal Years 2018, 2019, 

14 and 2020 (division E of Public Law 116–92; 50 U.S.C. 

15 3033 note) is amended by striking ‘‘section 1104 of the 

16 National Security Act of 1947 (50 U.S.C. 3234)’’ and in17 serting ‘‘section 1221 of the National Security Act of 

18 1947’’. 

19 SEC. 822. DISCLOSURES TO CONGRESS. 

20 (a) IN GENERAL.—Title XII of the National Security 

21 Act of 1947, as added by section 711, is further amended 

22 by inserting after section 1225, as designated by section 

23 821(b), the following new section: 


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1 ‘‘SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO 

2 CONGRESS. 

3 ‘‘(a) GUIDANCE.— 

4 ‘‘(1) OBLIGATION TO PROVIDE SECURITY DI5 RECTION UPON REQUEST.—Upon the request of a 

6 whistleblower, the head of the relevant element of 

7 the intelligence community, acting through the cov8 ered Inspector General for that element, shall fur9 nish on a confidential basis to the whistleblower in10 formation regarding how the whistleblower may di11 rectly contact the congressional intelligence commit12 tees, in accordance with appropriate security prac13 tices, regarding a complaint or information of the 

14 whistleblower pursuant to section 103H(k)(5)(D) or 

15 other appropriate provision of law. 

16 ‘‘(2) NONDISCLOSURE.—Unless a whistleblower 

17 who makes a request under paragraph (1) provides 

18 prior consent, a covered Inspector General may not 

19 disclose to the head of the relevant element of the 

20 intelligence community— 

21 ‘‘(A) the identity of the whistleblower; or 

22 ‘‘(B) the element at which such whistle23 blower is employed, detailed, or assigned as a 

24 contractor employee. 

25 ‘‘(b) OVERSIGHT OF OBLIGATION.—If a covered In26 spector General determines that the head of an element 


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1 of the intelligence community denied a request by a whis2 tleblower under subsection (a), directed the whistleblower 

3 not to contact the congressional intelligence committees, 

4 or unreasonably delayed in providing information under 

5 such subsection, the covered Inspector General shall notify 

6 the congressional intelligence committees of such denial, 

7 direction, or unreasonable delay. 

8 ‘‘(c) PERMANENT SECURITY OFFICER.—The head of 

9 each element of the intelligence community may designate 

10 a permanent security officer in the element to provide to 

11 whistleblowers the information under subsection (a).’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of the National Security Act of 1947 is 

14 amended by inserting after the item relating to section 

15 1225, as added by section 821(b), the following new item: 

‘‘Sec. 1227. Procedures regarding disclosures to Congress.’’. 

16 (c) CONFORMING AMENDMENT.—Section 

17 103H(k)(5)(D)(i) of the National Security Act of 1947 

18 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the 

19 end the following: ‘‘The employee may request information 

20 pursuant to section 1227 with respect to contacting such 

21 committees.’’. 


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1 SEC. 823. PROHIBITION AGAINST DISCLOSURE OF WHIS2 TLEBLOWER IDENTITY AS REPRISAL 

3 AGAINST WHISTLEBLOWER DISCLOSURE BY 

4 EMPLOYEES AND CONTRACTORS IN INTEL5 LIGENCE COMMUNITY. 

6 (a) IN GENERAL.—Paragraph (3) of subsection (a) 

7 of section 1221 of the National Security Act of 1947, as 

8 designated by section 821(b)(1)(A), is amended— 

9 (1) in subparagraph (I), by striking ‘‘; or’’ and 

10 inserting a semicolon; 

11 (2) by redesignating subparagraph (J) as sub12 paragraph (K); and 

13 (3) by inserting after subparagraph (I) the fol14 lowing: 

15 ‘‘(J) a knowing and willful disclosure re16 vealing the identity or other personally identifi17 able information of such employee or such con18 tractor employee without the express written 

19 consent of such employee or such contractor 

20 employee or if the Inspector General determines 

21 such disclosure is necessary for the exclusive 

22 purpose of investigating a complaint or infor23 mation received under section 8H of the Inspec24 tor General Act of 1978 (5 U.S.C. App. 8H); 

25 or’’. 


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1 (b) APPLICABILITY TO DETAILEES.—Such subsection 

2 is amended by adding at the end the following: 

3 ‘‘(5) EMPLOYEE.—The term ‘employee’, with 

4 respect to an agency or a covered intelligence com5 munity element, includes an individual who has been 

6 detailed to such agency or covered intelligence com7 munity element.’’. 

8 (c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS9 CLOSURE OF WHISTLEBLOWER IDENTITY.—Subsection 

10 (d) of such section is amended to read as follows: 

11 ‘‘(d) ENFORCEMENT.— 

12 ‘‘(1) IN GENERAL.—Except as otherwise pro13 vided in this subsection, the President shall provide 

14 for the enforcement of this section. 

15 ‘‘(2) PRIVATE RIGHT OF ACTION FOR UNLAW16 FUL, WILLFUL DISCLOSURE OF WHISTLEBLOWER

17 IDENTITY.—In a case in which an employee of an 

18 agency, or other employee or officer of the Federal 

19 Government, takes a personnel action described in 

20 subsection (a)(3)(J) against an employee of a cov21 ered intelligence community element as a reprisal in 

22 violation of subsection (b) or in a case in which a 

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1 section (c), the employee or contractor employee 

2 against whom the personnel action was taken may 

3 bring a private action for all appropriate remedies, 

4 including injunctive relief and compensatory and pu5 nitive damages, against the employee or contractor 

6 employee who took the personnel action, in a Fed7 eral district court of competent jurisdiction within 

8 180 days of when the employee or contractor em9 ployee first learned of or should have learned of the 

10 violation.’’. 

11 TITLE IX—ACCOUNTABILITY 

12 FOR ACTING OFFICIALS 

13 SEC. 901. SHORT TITLE. 

14 This title may be cited as the ‘‘Accountability for Act15 ing Officials Act’’. 

16 SEC. 902. CLARIFICATION OF FEDERAL VACANCIES RE17 FORM ACT OF 1998. 

18 (a) ELIGIBILITY REQUIREMENTS.—Section 3345 of 

19 title 5, United States Code, is amended as follows: 

20 (1) In subsection (a)— 

21 (A) in paragraph (1), by adding before the 

22 semicolon at the end the following: ‘‘, but, and 

23 except as provided in subsection (e), only if the 

24 individual serving in the position of first assist25 ant has occupied such position for a period of 


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1 at least 30 days during the 365-day period pre2 ceding the date of the death, resignation, or be3 ginning of inability to serve of the applicable of4 ficer’’; and 

5 (B) by striking subparagraph (A) of para6 graph (3) and inserting the following: 

7 ‘‘(A) the officer or employee served in a 

8 position in such agency for a period of at least 

9 1 year preceding the date of death, resignation, 

10 or beginning of inability to serve of the applica11 ble officer; and’’. 

12 (2) By adding at the end the following: 

13 ‘‘(d) For purposes of this section, a position shall be 

14 considered to be the first assistant to the office with re15 spect to which a vacancy occurs only if such position has 

16 been designated, at least 30 days before the date of the 

17 vacancy, by law, rule, or regulation as the first assistant 

18 position. The previous sentence shall begin to apply on the 

19 date that is 180 days after the date of enactment of the 

20 Accountability for Acting Officials Act. 

21 ‘‘(e) The 30-day service requirement in subsection 

22 (a)(1) shall not apply to any individual who is a first as23 sistant if— 

24 ‘‘(1)(A) the office of such first assistant is an 

25 office for which appointment is required to be made 


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1 by the President, by and with the advice and consent 

2 of the Senate; and 

3 ‘‘(B) the Senate has approved the appointment 

4 of such individual to such office; or 

5 ‘‘(2) the individual began serving in the position 

6 of first assistant during the 180-day period begin7 ning on a transitional inauguration day (as that 

8 term is defined in section 3349a(a)).’’. 

9 (b) QUALIFICATIONS.—Section 3345(b) of title 5, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘(3) Any individual directed to perform the functions 

13 and duties of the vacant office temporarily in an acting 

14 capacity under subsection (a)(2) or (f) shall possess the 

15 qualifications (if any) set forth in law, rule, or regulation 

16 that are otherwise applicable to an individual appointed 

17 by the President, by and with the advice and consent of 

18 the Senate, to occupy such office.’’. 

19 (c) APPLICATION TO INDIVIDUALS REMOVED FROM

20 OFFICE.—Paragraph (2) of section 3345(c) of title 5, 

21 United States Code, is amended by inserting after ‘‘the 

22 expiration of a term of office’’ the following: ‘‘or removal 

23 (voluntarily or involuntarily) from office’’. 

24 (d) VACANCY OF INSPECTOR GENERAL POSITIONS.— 


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1 (1) IN GENERAL.—Section 3345 of title 5, 

2 United States Code, as amended by subsection 

3 (a)(2), is further amended by adding at the end the 

4 following: 

5 ‘‘(f)(1) Notwithstanding subsection (a), if an Inspec6 tor General position that requires appointment by the 

7 President by and with the advice and consent of the Sen8 ate to be filled is vacant, the first assistant of such posi9 tion shall perform the functions and duties of the Inspec10 tor General temporarily in an acting capacity subject to 

11 the time limitations of section 3346. 

12 ‘‘(2) Notwithstanding subsection (a), if, for purposes 

13 of carrying out paragraph (1) of this subsection, by reason 

14 of absence, disability, or vacancy, the first assistant to the 

15 position of Inspector General is not available to perform 

16 the functions and duties of the Inspector General, an act17 ing Inspector General shall be appointed by the President 

18 from among individuals serving in an office of any Inspec19 tor General, provided that— 

20 ‘‘(A) during the 365-day period preceding the 

21 date of death, resignation, or beginning of inability 

22 to serve of the applicable Inspector General, the in23 dividual served in a position in an office of any In24 spector General for not less than 90 days; and 


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1 ‘‘(B) the rate of pay for the position of such in2 dividual is equal to or greater than the minimum 

3 rate of pay payable for a position at GS–15 of the 

4 General Schedule.’’. 

5 (2) APPLICATION.—The amendment made by 

6 paragraph (1) shall apply to any vacancy first occur7 ring with respect to an Inspector General position on 

8 or after the date of enactment of this Act. 

9 (e) TESTIMONY OF ACTING OFFICIALS BEFORE CON10 GRESS.—Section 3345 of title 5, United States Code, as 

11 amended by subsection (d)(1), is further amended by add12 ing at the end the following: 

13 ‘‘(g)(1) Any individual serving as an acting officer 

14 due to a vacancy to which this section applies, or any indi15 vidual who has served in such capacity and continues to 

16 perform the same or similar duties beyond the time limits 

17 described in section 3346, shall appear, at least once dur18 ing any 60-day period that the individual is so serving, 

19 before the appropriate committees of jurisdiction of the 

20 Senate and the House of Representatives. 

21 ‘‘(2) Paragraph (1) may be waived upon mutual 

22 agreement of the chairs and ranking members of such 

23 committees.’’. 

24 (f) TIME LIMITATION FOR PRINCIPAL OFFICES.— 

25 Section 3346 of title 5, United States Code, is amended— 


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1 (1) in subsection (a), by inserting ‘‘or as pro2 vided in subsection (d)’’ after ‘‘sickness’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) With respect to the vacancy of the position of 

5 head of any agency listed in section 901(b) of title 31 (or 

6 of any other Executive department) and to which this sec7 tion applies, subsections (a) through (c) of this section and 

8 sections 3348(c), 3349(b), and 3349a(b) shall be applied 

9 by substituting ‘120’ for ‘210’ in each instance.’’. 

10 (g) EXCLUSIVITY.—Section 3347 of title 5, United 

11 States Code, is amended— 

12 (1) by redesignating subsection (b) as sub13 section (c); and 

14 (2) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) Notwithstanding subsection (a), any statutory 

17 provision covered under paragraph (1) of such subsection 

18 that contains a non-discretionary order or directive to des19 ignate an officer or employee to perform the functions and 

20 duties of a specified office temporarily in an acting capac21 ity shall be the exclusive means for temporarily author22 izing an acting official to perform the functions and duties 

23 of such office.’’. 

24 (h) REPORTING OF VACANCIES.— 


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1 (1) IN GENERAL.—Section 3349 of title 5, 

2 United States Code, is amended— 

3 (A) in subsection (a)— 

4 (i) by striking ‘‘immediately upon’’ in 

5 each instance and inserting ‘‘not later than 

6 7 days after’’; 

7 (ii) in paragraph (3), by striking 

8 ‘‘and’’ at the end; 

9 (iii) in paragraph (4), by striking the 

10 period at the end and inserting ‘‘; and’’; 

11 and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(5) notification of the end of the term of serv15 ice of any person serving in an acting capacity and 

16 the name of any subsequent person serving in an 

17 acting capacity and the date the service of such sub18 sequent person began not later than 7 days after 

19 such date.’’; and 

20 (B) in subsection (b), by striking ‘‘imme21 diately’’ and inserting ‘‘not later than 14 days 

22 after the date of such determination’’. 

23 (2) TECHNICAL CORRECTIONS.—Paragraphs 

24 (1) and (2) of subsection (b) of section 3349 of title 


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1 5, United States Code, are amended to read as fol2 lows: 

3 ‘‘(1) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; 

5 ‘‘(2) the Committee on Oversight and Reform 

6 of the House of Representatives;’’. 

7 (i) VACANCIES DURING PRESIDENTIAL INAUGURAL

8 TRANSITIONS.—Section 3349a(b) of title 5, United States 

9 Code, is amended to read as follows: 

10 ‘‘(b) Notwithstanding section 3346 (except as pro11 vided in paragraph (2) of this subsection) or 3348(c), with 

12 respect to any vacancy that exists on a transitional inau13 guration day, or that arises during the 60-day period be14 ginning on such day, the person serving as an acting offi15 cer as described under section 3345 may serve in the of16 fice— 

17 ‘‘(1) for no longer than 300 days beginning on 

18 such day; or 

19 ‘‘(2) subject to section 3346(b), once a first or 

20 second nomination for the office is submitted to the 

21 Senate, from the date of such nomination for the pe22 riod that the nomination is pending in the Senate.’’. 


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1 TITLE X—STRENGTHENING 

2 HATCH ACT ENFORCEMENT 

3 AND PENALTIES 

4 SEC. 1001. SHORT TITLE. 

5 This title may be cited as the ‘‘Hatch Act Account6 ability Act’’. 

7 SEC. 1002. STRENGTHENING HATCH ACT ENFORCEMENT 

8 AND PENALTIES AGAINST POLITICAL AP9 POINTEES. 

10 (a) INVESTIGATIONS BY OFFICE OF SPECIAL COUN11 SEL.—Section 1216 of title 5, United States Code, as 

12 amended by section 307, is amended— 

13 (1) in subsection (c), by striking ‘‘(1),’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(e)(1) In addition to the authority otherwise pro16 vided in this chapter, the Special Counsel may, regardless 

17 of whether the Special Counsel has received an allegation, 

18 conduct any investigation as the Special Counsel considers 

19 necessary concerning political activity prohibited under 

20 such subchapter. 

21 ‘‘(2) With respect to any investigation under para22 graph (1), the Special Counsel may seek corrective action 

23 under section 1214 and disciplinary action under section 

24 1215 in the same way as if a prohibited personnel practice 

25 were involved. 


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1 ‘‘(f)(1) Notwithstanding section 1215(b), consistent 

2 with paragraph (3) of this subsection, if, after an inves3 tigation under subsection (d)(1), the Special Counsel de4 termines that a political appointee has violated section 

5 7323 or 7324, the Special Counsel may present a com6 plaint to the Merit Systems Protection Board under the 

7 process provided in section 1215, against such political ap8 pointee. 

9 ‘‘(2) Notwithstanding section 7326, a final order of 

10 the Board on a complaint of a violation of section 7323 

11 or 7324 by a political appointee may impose an assess12 ment of a civil penalty not to exceed $50,000. 

13 ‘‘(3) The Special Counsel may not present a com14 plaint under paragraph (1) of this subsection— 

15 ‘‘(A) unless no disciplinary action or civil pen16 alty has been taken or assessed, respectively, against 

17 the political appointee pursuant to section 7326; and 

18 ‘‘(B) until on or after the date that is 90 days 

19 after the date that the complaint regarding the polit20 ical appointee was presented to the President under 

21 section 1215(b), notwithstanding whether the Presi22 dent submits a written statement pursuant to para23 graph (4) of this subsection. 

24 ‘‘(4)(A) Not later than 90 days after receiving from 

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1 nary action under section 1215(b) with respect to a polit2 ical appointee for a violation of section 7323 or 7324, the 

3 President shall provide a written statement to the Special 

4 Counsel on whether the President imposed the rec5 ommended disciplinary action, imposed another form of 

6 disciplinary action and the nature of that disciplinary ac7 tion, or took no disciplinary action against the political 

8 appointee. 

9 ‘‘(B) Not later than 14 days after receiving a written 

10 statement under subparagraph (A) of this paragraph— 

11 ‘‘(i) the Special Counsel shall submit the writ12 ten statement to the Committee on Homeland Secu13 rity and Governmental Affairs of the Senate and the 

14 Committee on Oversight and Reform of the House 

15 of Representatives; and 

16 ‘‘(ii) publish the written statement on the public 

17 website of the Office of Special Counsel. 

18 ‘‘(5) Not later than 14 days after the date that the 

19 Special Counsel determines a political appointee has vio20 lated section 7323 or 7324, the Special Counsel shall— 

21 ‘‘(A) submit a report on the investigation into 

22 such political appointee, and any communications 

23 sent from the Special Counsel to the President rec24 ommending discipline of such political appointee, to 

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1 mental Affairs of the Senate and the Committee on 

2 Oversight and Reform of the House of Representa3 tives; and 

4 ‘‘(B) publish the report and such communica5 tions on the public website of the Office of Special 

6 Counsel. 

7 ‘‘(6) In this subsection, the term ‘political appointee’ 

8 means any individual, other than the President and the 

9 Vice-President, employed or holding office— 

10 ‘‘(A) in the Executive Office of the President, 

11 the Office of the Vice President, and any other office 

12 of the White House, but not including any career 

13 employee; or 

14 ‘‘(B) in a confidential, policy-making, policy-de15 termining, or policy-advocating position appointed by 

16 the President, by and with the advice and consent 

17 of the Senate (other than an individual in the For18 eign Service of the United States).’’. 

19 (b) CLARIFICATION ON APPLICATION OF HATCH ACT

20 TO EOP AND OVP EMPLOYEES.—Section 7322(1)(A) of 

21 title 5, United States Code, is amended by inserting after 

22 ‘‘Executive agency’’ the following: ‘‘, including the Execu23 tive Office of the President, the Office of the Vice Presi24 dent, and any other office of the White House,’’. 


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1 TITLE XI—PROMOTING EFFI2 CIENT PRESIDENTIAL TRAN3 SITIONS 

4 SEC. 1101. SHORT TITLE. 

5 This title may be cited as the ‘‘Efficient Transition 

6 Act of 2021’’. 

7 SEC. 1102. ASCERTAINMENT OF SUCCESSFUL CANDIDATES 

8 IN GENERAL ELECTIONS FOR PURPOSES OF 

9 PRESIDENTIAL TRANSITION. 

10 (a) IN GENERAL.—Section 3(c) of the Presidential 

11 Transition Act of 1963 (3 U.S.C. 102 note) is amended— 

12 (1) by striking ‘‘The terms’’ and inserting ‘‘(1) 

13 The terms’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(2) The Administrator shall make the ascertainment 

16 under paragraph (1) as soon as practicable after the gen17 eral elections. 

18 ‘‘(3) If the Administrator does not make such ascer19 tainment within 5 days after such elections, each eligible 

20 candidate (as defined in subsection (h)(4)) shall be treated 

21 as if the eligible candidate is the apparent successful can22 didate for purposes of this Act until the Administrator 

23 makes the ascertainment or until the House of Represent24 atives and the Senate certify the results of the elections, 

25 whichever occurs first.’’. 


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1 (b) REGULATIONS.—Not later than 270 days after 

2 the date of enactment of this Act, the Administrator of 

3 General Services shall promulgate regulations that estab4 lish standards and procedures to be followed by the Ad5 ministrator in making an ascertainment under section 3(c) 

6 of the Presidential Transition Act of 1963 (3 U.S.C. 102 

7 note), as amended by subsection (a). 

8 TITLE XII—PRESIDENTIAL AND 

9 VICE PRESIDENTIAL TAX 

10 TRANSPARENCY 

11 SEC. 1201. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

12 TRANSPARENCY. 

13 (a) DEFINITIONS.—In this section— 

14 (1) The term ‘‘covered candidate’’ means a can15 didate of a major party in a general election for the 

16 office of President or Vice President. 

17 (2) The term ‘‘income tax return’’ means, with 

18 respect to an individual, any return (as such term is 

19 defined in section 6103(b)(1) of the Internal Rev20 enue Code of 1986, except that such term shall not 

21 include declarations of estimated tax) of— 

22 (A) such individual, other than information 

23 returns issued to persons other than such indi24 vidual; or 


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1 (B) of any corporation, partnership, or 

2 trust in which such individual holds, directly or 

3 indirectly, a significant interest as the sole or 

4 principal owner or the sole or principal bene5 ficial owner (as such terms are defined in regu6 lations prescribed by the Secretary). 

7 (3) The term ‘‘major party’’ has the meaning 

8 given the term in section 9002 of the Internal Rev9 enue Code of 1986. 

10 (4) The term ‘‘Secretary’’ means the Secretary 

11 of the Treasury or the delegate of the Secretary. 

12 (b) DISCLOSURE.— 

13 (1) IN GENERAL.— 

14 (A) CANDIDATES FOR PRESIDENT AND

15 VICE PRESIDENT.—Not later than the date that 

16 is 15 days after the date on which an individual 

17 becomes a covered candidate, the individual 

18 shall submit to the Federal Election Commis19 sion a copy of the individual’s income tax re20 turns for the 10 most recent taxable years for 

21 which a return has been filed with the Internal 

22 Revenue Service. 

23 (B) PRESIDENT AND VICE PRESIDENT.— 

24 With respect to an individual who is the Presi25 dent or Vice President, not later than the due 


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1 date for the return of tax for each taxable year, 

2 such individual shall submit to the Federal 

3 Election Commission a copy of the individual’s 

4 income tax returns for the taxable year and for 

5 the 9 preceding taxable years. 

6 (C) TRANSITION RULE FOR SITTING PRESI7 DENTS AND VICE PRESIDENTS.—Not later than 

8 the date that is 30 days after the date of enact9 ment of this section, an individual who is the 

10 President or Vice President on such date of en11 actment shall submit to the Federal Election 

12 Commission a copy of the income tax returns 

13 for the 10 most recent taxable years for which 

14 a return has been filed with the Internal Rev15 enue Service. 

16 (2) FAILURE TO DISCLOSE.—If any require17 ment under paragraph (1) to submit an income tax 

18 return is not met, the chairman of the Federal Elec19 tion Commission shall submit to the Secretary a 

20 written request that the Secretary provide the Fed21 eral Election Commission with the income tax re22 turn. 

23 (3) PUBLICLY AVAILABLE.—The chairman of 

24 the Federal Election Commission shall make publicly 

25 available each income tax return submitted under 


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1 paragraph (1) in the same manner as a return pro2 vided under section 6103(l)(23) of the Internal Rev3 enue Code of 1986 (as added by this section). 

4 (4) TREATMENT AS A REPORT UNDER THE

5 FEDERAL ELECTION CAMPAIGN ACT OF 1971.—For 

6 purposes of the Federal Election Campaign Act of 

7 1971, any income tax return submitted under para8 graph (1) or provided under section 6103(l)(23) of 

9 the Internal Revenue Code of 1986 (as added by 

10 this section) shall, after redaction under paragraph 

11 (3) or subparagraph (B)(ii) of such section, be treat12 ed as a report filed under the Federal Election Cam13 paign Act of 1971. 

14 (c) DISCLOSURE OF RETURNS OF PRESIDENTS AND

15 VICE PRESIDENTS AND CERTAIN CANDIDATES FOR

16 PRESIDENT AND VICE PRESIDENT.— 

17 (1) IN GENERAL.—Section 6103(l) of the Inter18 nal Revenue Code of 1986 is amended by adding at 

19 the end the following new paragraph: 

20 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

21 OF PRESIDENTS AND VICE PRESIDENTS AND CER22 TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI23 DENT.— 

24 ‘‘(A) IN GENERAL.—Upon written request 

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1 mission under section 1201(b)(2) of the Pro2 tecting Our Democracy Act, not later than the 

3 date that is 15 days after the date of such re4 quest, the Secretary shall provide copies of any 

5 return which is so requested to officers and em6 ployees of the Federal Election Commission 

7 whose official duties include disclosure or redac8 tion of such return under this paragraph. 

9 ‘‘(B) DISCLOSURE TO THE PUBLIC.— 

10 ‘‘(i) IN GENERAL.—The chairman of 

11 the Federal Election Commission shall 

12 make publicly available any return which is 

13 provided under subparagraph (A). 

14 ‘‘(ii) REDACTION OF CERTAIN INFOR15 MATION.—Before making publicly available 

16 under clause (i) any return, the chairman 

17 of the Federal Election Commission shall 

18 redact such information as the Federal 

19 Election Commission and the Secretary 

20 jointly determine is necessary for pro21 tecting against identity theft, such as so22 cial security numbers.’’. 

23 (2) CONFORMING AMENDMENTS.—Section 

24 6103(p)(4) of such Code is amended— 


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1 (A) in the matter preceding subparagraph 

2 (A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 

3 or (23)’’; and 

4 (B) in subparagraph (F)(ii) by striking ‘‘or 

5 (22)’’ and inserting ‘‘(22), or (23)’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply to disclosures made on 

8 or after the date of enactment of this Act. 

9 DIVISION C—DEFENDING ELEC10 TIONS AGAINST FOREIGN IN11 TERFERENCE 

12 TITLE XIII—REPORTING FOR13 EIGN INTERFERENCE IN 

14 ELECTIONS 

15 SEC. 1301. FEDERAL CAMPAIGN REPORTING OF FOREIGN 

16 CONTACTS. 

17 (a) INITIAL NOTICE.— 

18 (1) IN GENERAL.—Section 304 of the Federal 

19 Election Campaign Act of 1971 (52 U.S.C. 30104) 

20 is amended by adding at the end the following new 

21 subsection: 

22 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON23 TACTS.— 

24 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 

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1 tact, each political committee shall notify the Fed2 eral Bureau of Investigation and the Commission of 

3 the reportable foreign contact and provide a sum4 mary of the circumstances with respect to such re5 portable foreign contact. The Federal Bureau of In6 vestigation, not later than 1 week after receiving a 

7 notification from a political committee under this 

8 paragraph, shall submit to the political committee, 

9 the Select Committee on Intelligence of the Senate, 

10 and the Permanent Select Committee on Intelligence 

11 of the House of Representatives written or electronic 

12 confirmation of receipt of the notification. 

13 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 

14 Not later than 3 days after a reportable foreign con15 tact— 

16 ‘‘(A) each candidate and each immediate 

17 family member of a candidate shall notify the 

18 treasurer or other designated official of the 

19 principal campaign committee of such candidate 

20 of the reportable foreign contact and provide a 

21 summary of the circumstances with respect to 

22 such reportable foreign contact; and 

23 ‘‘(B) each official, employee, or agent of a 

24 political committee shall notify the treasurer or 

25 other designated official of the committee of the 


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1 reportable foreign contact and provide a sum2 mary of the circumstances with respect to such 

3 reportable foreign contact. 

4 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

5 subsection: 

6 ‘‘(A) IN GENERAL.—The term ‘reportable 

7 foreign contact’ means any direct or indirect 

8 contact or communication that— 

9 ‘‘(i) is between— 

10 ‘‘(I) a candidate, an immediate 

11 family member of the candidate, a po12 litical committee, or any official, em13 ployee, or agent of such committee; 

14 and 

15 ‘‘(II) an individual that the per16 son described in subclause (I) knows, 

17 has reason to know, or reasonably be18 lieves is a covered foreign national; 

19 and 

20 ‘‘(ii) the person described in clause 

21 (i)(I) knows, has reason to know, or rea22 sonably believes involves— 

23 ‘‘(I) an offer or other proposal 

24 for a contribution, donation, expendiVerDate Sep 11 2014 03:43 Oct 03, 2021 Jkt 029200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2921.IS S2921

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1 ture, disbursement, or solicitation de2 scribed in section 319; or 

3 ‘‘(II) coordination or collabora4 tion with, an offer or provision of in5 formation or services to or from, or 

6 persistent and repeated contact with, 

7 a covered foreign national in connec8 tion with an election. 

9 ‘‘(B) EXCEPTIONS.— 

10 ‘‘(i) CONTACTS IN OFFICIAL CAPACITY

11 AS ELECTED OFFICIAL.—The term ‘report12 able foreign contact’ shall not include any 

13 contact or communication with a covered 

14 foreign national by an elected official or an 

15 employee of an elected official solely in an 

16 official capacity as such an official or em17 ployee. 

18 ‘‘(ii) CONTACTS FOR PURPOSES OF

19 ENABLING OBSERVATION OF ELECTIONS

20 BY INTERNATIONAL OBSERVERS.—The 

21 term ‘reportable foreign contact’ shall not 

22 include any contact or communication with 

23 a covered foreign national by any person 

24 which is made for purposes of enabling the 

25 observation of elections in the United 


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1 States by a foreign national or the obser2 vation of elections outside of the United 

3 States by a candidate, political committee, 

4 or any official, employee, or agent of such 

5 committee. 

6 ‘‘(iii) EXCEPTIONS NOT APPLICABLE

7 IF CONTACTS OR COMMUNICATIONS IN8 VOLVE PROHIBITED DISBURSEMENTS.—A 

9 contact or communication by an elected of10 ficial or an employee of an elected official 

11 shall not be considered to be made solely 

12 in an official capacity for purposes of 

13 clause (i), and a contact or communication 

14 shall not be considered to be made for pur15 poses of enabling the observation of elec16 tions for purposes of clause (ii), if the con17 tact or communication involves a contribu18 tion, donation, expenditure, disbursement, 

19 or solicitation described in section 319. 

20 ‘‘(C) COVERED FOREIGN NATIONAL DE21 FINED.— 

22 ‘‘(i) IN GENERAL.—In this paragraph, 

23 the term ‘covered foreign national’ 

24 means— 


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1 ‘‘(I) a foreign principal (as de2 fined in section 1(b) of the Foreign 

3 Agents Registration Act of 1938 (22 

4 U.S.C. 611(b))) that is a government 

5 of a foreign country or a foreign polit6 ical party; 

7 ‘‘(II) any person who acts as an 

8 agent, representative, employee, or 

9 servant, or any person who acts in 

10 any other capacity at the order, re11 quest, or under the direction or con12 trol, of a foreign principal described in 

13 subclause (I) or of a person any of 

14 whose activities are directly or indi15 rectly supervised, directed, controlled, 

16 financed, or subsidized in whole or in 

17 major part by a foreign principal de18 scribed in subclause (I); or 

19 ‘‘(III) any person included in the 

20 list of specially designated nationals 

21 and blocked persons maintained by 

22 the Office of Foreign Assets Control 

23 of the Department of the Treasury 

24 pursuant to authorities relating to the 

25 imposition of sanctions relating to the 


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1 conduct of a foreign principal de2 scribed in subclause (I). 

3 ‘‘(ii) CLARIFICATION REGARDING AP4 PLICATION TO CITIZENS OF THE UNITED

5 STATES.—In the case of a citizen of the 

6 United States, subclause (II) of clause (i) 

7 applies only to the extent that the person 

8 involved acts within the scope of that per9 son’s status as the agent of a foreign prin10 cipal described in subclause (I) of clause 

11 (i). 

12 ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this 

13 subsection, the term ‘immediate family member’ 

14 means, with respect to a candidate, a parent, parent15 in-law, spouse, adult child, or sibling.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall apply with respect to report18 able foreign contacts which occur on or after the 

19 date of the enactment of this Act. 

20 (b) INFORMATION INCLUDED ON REPORT.— 

21 (1) IN GENERAL.—Section 304(b) of such Act 

22 (52 U.S.C. 30104(b)) is amended— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (7); 


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1 (B) by striking the period at the end of 

2 paragraph (8) and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(9) for any reportable foreign contact (as de6 fined in subsection (j)(3))— 

7 ‘‘(A) the date, time, and location of the 

8 contact; 

9 ‘‘(B) the date and time of when a des10 ignated official of the committee was notified of 

11 the contact; 

12 ‘‘(C) the identity of individuals involved; 

13 and 

14 ‘‘(D) a description of the contact, including 

15 the nature of any contribution, donation, ex16 penditure, disbursement, or solicitation involved 

17 and the nature of any activity described in sub18 section (j)(3)(A)(ii)(II) involved.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall apply with respect to reports 

21 filed on or after the expiration of the 60-day period 

22 which begins on the date of the enactment of this 

23 Act. 


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1 SEC. 1302. FEDERAL CAMPAIGN FOREIGN CONTACT RE2 PORTING COMPLIANCE SYSTEM. 

3 (a) IN GENERAL.—Section 302 of the Federal Elec4 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 

5 by adding at the end the following new subsection: 

6 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE

7 POLICY.— 

8 ‘‘(1) REPORTING.—Each political committee 

9 shall establish a policy that requires all officials, em10 ployees, and agents of such committee (and, in the 

11 case of an authorized committee, the candidate and 

12 each immediate family member of the candidate) to 

13 notify the treasurer or other appropriate designated 

14 official of the committee of any reportable foreign 

15 contact (as defined in section 304(j)) not later than 

16 3 days after such contact was made. 

17 ‘‘(2) RETENTION AND PRESERVATION OF

18 RECORDS.—Each political committee shall establish 

19 a policy that provides for the retention and preserva20 tion of records and information related to reportable 

21 foreign contacts (as so defined) for a period of not 

22 less than 3 years. 

23 ‘‘(3) CERTIFICATION.— 

24 ‘‘(A) IN GENERAL.—Upon filing its state25 ment of organization under section 303(a), and 

26 with each report filed under section 304(a), the 


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1 treasurer of each political committee (other 

2 than an authorized committee) shall certify 

3 that— 

4 ‘‘(i) the committee has in place poli5 cies that meet the requirements of para6 graphs (1) and (2); 

7 ‘‘(ii) the committee has designated an 

8 official to monitor compliance with such 

9 policies; and 

10 ‘‘(iii) not later than 1 week after the 

11 beginning of any formal or informal affili12 ation with the committee, all officials, em13 ployees, and agents of such committee 

14 will— 

15 ‘‘(I) receive notice of such poli16 cies; 

17 ‘‘(II) be informed of the prohibi18 tions under section 319; and 

19 ‘‘(III) sign a certification affirm20 ing their understanding of such poli21 cies and prohibitions. 

22 ‘‘(B) AUTHORIZED COMMITTEES.—With 

23 respect to an authorized committee, the can24 didate shall make the certification required 

25 under subparagraph (A).’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by 

3 subsection (a) shall apply with respect to political 

4 committees which file a statement of organization 

5 under section 303(a) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30103(a)) on or after 

7 the date of the enactment of this Act. 

8 (2) TRANSITION RULE FOR EXISTING COMMIT9 TEES.—Not later than 30 days after the date of the 

10 enactment of this Act, each political committee 

11 under the Federal Election Campaign Act of 1971 

12 shall file a certification with the Federal Election 

13 Commission that the committee is in compliance 

14 with the requirements of section 302(j) of such Act 

15 (as added by subsection (a)). 

16 SEC. 1303. CRIMINAL PENALTIES. 

17 Section 309(d)(1) of the Federal Election Campaign 

18 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add19 ing at the end the following new subparagraphs: 

20 ‘‘(E) Any person who knowingly and willfully com21 mits a violation of subsection (j) or (b)(9) of section 304 

22 or section 302(j) shall be fined not more than $500,000, 

23 imprisoned not more than 5 years, or both. 

24 ‘‘(F) Any person who knowingly and willfully conceals 

25 or destroys any materials relating to a reportable foreign 


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1 contact (as defined in section 304(j)) shall be fined not 

2 more than $1,000,000, imprisoned not more than 5 years, 

3 or both.’’. 

4 SEC. 1304. REPORT TO CONGRESSIONAL INTELLIGENCE 

5 COMMITTEES. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of this Act, and annually thereafter, 

8 the Director of the Federal Bureau of Investigation shall 

9 submit to the congressional intelligence committees a re10 port relating to notifications received by the Federal Bu11 reau of Investigation under section 304(j)(1) of the Fed12 eral Election Campaign Act of 1971 (as added by section 

13 1301(a) of this Act). 

14 (b) ELEMENTS.—Each report under subsection (a) 

15 shall include, at a minimum, the following with respect 

16 to notifications described in subsection (a): 

17 (1) The number of such notifications received 

18 from political committees during the year covered by 

19 the report. 

20 (2) A description of protocols and procedures 

21 developed by the Federal Bureau of Investigation re22 lating to receipt and maintenance of records relating 

23 to such notifications. 

24 (3) With respect to such notifications received 

25 during the year covered by the report, a description 


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•S 2921 IS

1 of any subsequent actions taken by the Director re2 sulting from the receipt of such notifications. 

3 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

4 DEFINED.—In this section, the term ‘‘congressional intel5 ligence committees’’ has the meaning given that term in 

6 section 3 of the National Security Act of 1947 (50 U.S.C. 

7 3003). 

8 SEC. 1305. RULE OF CONSTRUCTION. 

9 Nothing in this title or the amendments made by this 

10 title shall be construed— 

11 (1) to impede legitimate journalistic activities; 

12 or 

13 (2) to impose any additional limitation on the 

14 right to express political views or to participate in 

15 public discourse of any individual who— 

16 (A) resides in the United States; 

17 (B) is not a citizen of the United States or 

18 a national of the United States, as defined in 

19 section 101(a)(22) of the Immigration and Na20 tionality Act (8 U.S.C. 1101(a)(22)); and 

21 (C) is not lawfully admitted for permanent 

22 residence, as defined by section 101(a)(20) of 

23 the Immigration and Nationality Act (8 U.S.C. 

24 1101(a)(20)). 


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•S 2921 IS

1 TITLE XIV—ELIMINATING FOR2 EIGN INTERFERENCE IN 

3 ELECTIONS 

4 SEC. 1401. CLARIFICATION OF APPLICATION OF FOREIGN 

5 MONEY BAN. 

6 (a) CLARIFICATION OF TREATMENT OF PROVISION

7 OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA8 TION OF A THING OF VALUE.—Section 319 of the Federal 

9 Election Campaign Act of 1971 (52 U.S.C. 30121) is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(c) CLARIFICATION OF TREATMENT OF PROVISION

13 OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA14 TION OF A THING OF VALUE.—For purposes of this sec15 tion, a ‘contribution or donation of money or other thing 

16 of value’ includes the provision of opposition research, 

17 polling, or other non-public information relating to a can18 didate for election for a Federal, State, or local office for 

19 the purpose of influencing the election, regardless of 

20 whether such research, polling, or information has mone21 tary value, except that nothing in this subsection shall be 

22 construed to treat the mere provision of an opinion about 

23 a candidate as a thing of value for purposes of this sec24 tion.’’. 


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1 (b) CLARIFICATION OF APPLICATION OF FOREIGN

2 MONEY BAN TO ALL CONTRIBUTIONS AND DONATIONS

3 OF THINGS OF VALUE AND TO ALL SOLICITATIONS OF

4 CONTRIBUTIONS AND DONATIONS OF THINGS OF

5 VALUE.—Section 319(a) of such Act (52 U.S.C. 

6 30121(a)) is amended— 

7 (1) in paragraph (1)(A), by striking ‘‘promise 

8 to make a contribution or donation’’ and inserting 

9 ‘‘promise to make such a contribution or donation’’; 

10 (2) in paragraph (1)(B), by striking ‘‘donation’’ 

11 and inserting ‘‘donation of money or other thing of 

12 value, or to make an express or implied promise to 

13 make such a contribution or donation,’’; and 

14 (3) by amending paragraph (2) to read as fol15 lows: 

16 ‘‘(2) a person to solicit, accept, or receive (di17 rectly or indirectly) a contribution or donation de18 scribed in subparagraph (A) or (B) of paragraph 

19 (1), or to solicit, accept, or receive (directly or indi20 rectly) an express or implied promise to make such 

21 a contribution or donation, from a foreign na22 tional.’’. 

23 (c) ENHANCED PENALTY FOR CERTAIN VIOLA24 TIONS.— 


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•S 2921 IS

1 (1) IN GENERAL.—Section 309(d)(1) of such 

2 Act (52 U.S.C. 30109(d)(1)), as amended by section 

3 1303, is further amended by adding at the end the 

4 following new subparagraph: 

5 ‘‘(G)(i) Any person who knowingly and willfully com6 mits a violation of section 319 which involves a foreign 

7 national which is a government of a foreign country or 

8 a foreign political party, or which involves a thing of value 

9 consisting of the provision of opposition research, polling, 

10 or other non-public information relating to a candidate for 

11 election for a Federal, State, or local office for the purpose 

12 of influencing the election, shall be fined under title 18, 

13 United States Code, or imprisoned for not more than 5 

14 years, or both. 

15 ‘‘(ii) In clause (i), each of the terms ‘government of 

16 a foreign country’ and ‘foreign political party’ has the 

17 meaning given such term in section 1 of the Foreign 

18 Agents Registration Act of 1938, as Amended (22 U.S.C. 

19 611).’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall apply with respect to viola22 tions committed on or after the date of the enact23 ment of this Act. 


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•S 2921 IS

1 SEC. 1402. REQUIRING ACKNOWLEDGMENT OF FOREIGN 

2 MONEY BAN BY POLITICAL COMMITTEES. 

3 (a) PROVISION OF INFORMATION BY FEDERAL ELEC4 TION COMMISSION.—Section 303 of the Federal Election 

5 Campaign Act of 1971 (52 U.S.C. 30103) is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(e) ACKNOWLEDGMENT OF FOREIGN MONEY

8 BAN.— 

9 ‘‘(1) NOTIFICATION BY COMMISSION.—Not later 

10 than 30 days after a political committee files its 

11 statement of organization under subsection (a), and 

12 biennially thereafter until the committee terminates, 

13 the Commission shall provide the committee with a 

14 written explanation of section 319. 

15 ‘‘(2) ACKNOWLEDGMENT BY COMMITTEE.— 

16 ‘‘(A) IN GENERAL.—Not later than 30 

17 days after receiving the written explanation of 

18 section 319 under paragraph (1), the committee 

19 shall transmit to the Commission a signed cer20 tification that the committee has received such 

21 written explanation and has provided a copy of 

22 the explanation to all members, employees, con23 tractors, and volunteers of the committee. 

24 ‘‘(B) PERSON RESPONSIBLE FOR SIGNA25 TURE.—The certification required under sub26 paragraph (A) shall be signed— 


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•S 2921 IS

1 ‘‘(i) in the case of an authorized com2 mittee of a candidate, by the candidate; or 

3 ‘‘(ii) in the case of any other political 

4 committee, by the treasurer of the com5 mittee.’’. 

6 (b) EFFECTIVE DATE; TRANSITION FOR EXISTING

7 COMMITTEES.— 

8 (1) IN GENERAL.—The amendment made by 

9 subsection (a) shall apply with respect to political 

10 committees which file statements of organization 

11 under section 303 of the Federal Election Campaign 

12 Act of 1971 (52 U.S.C. 30103) on or after the date 

13 of the enactment of this Act. 

14 (2) TRANSITION FOR EXISTING COMMITTEES.— 

15 (A) NOTIFICATION BY FEDERAL ELECTION

16 COMMISSION.—Not later than 90 days after the 

17 date of the enactment of this Act, the Federal 

18 Election Commission shall provide each political 

19 committee under such Act with the written ex20 planation of section 319 of such Act, as re21 quired under section 303(e)(1) of such Act (as 

22 added by subsection (a)). 

23 (B) ACKNOWLEDGMENT BY COMMITTEE.— 

24 Not later than 30 days after receiving the writ25 ten explanation under subparagraph (A), each 


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1 political committee under such Act shall trans2 mit to the Federal Election Commission the 

3 signed certification, as required under section 

4 303(e)(2) of such Act (as added by subsection 

5 (a)). 

6 DIVISION D—SEVERABILITY 

7 TITLE XV—SEVERABILITY 

8 SEC. 1501. SEVERABILITY. 

9 If any provision of this Act or any amendment made 

10 by this Act, or the application of a provision of this Act 

11 or an amendment made by this Act to any person or cir12 cumstance, is held to be unconstitutional, the remainder 

13 of this Act, and the application of the provisions to any 

14 person or circumstance, shall not be affected by the hold15 ing. 

Æ 


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