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2302(b)(9)(A)(I), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g)’’. 
Subtitle B—Whistleblowers of the 
Intelligence Community 
SEC. 811. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
(a) IN GENERAL.—Title XII of the National Security 
Act of 1947, as added by section 711, is further amended 
by inserting after section 1205, as added by section 
713(c), the following new subtitle: 
‘‘Subtitle B—Protections for 
Whistleblowers 
‘‘SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
‘‘(a) IN GENERAL.—It shall be unlawful for any em-
ployee or officer of the Federal Government to knowingly 
and willfully share any whistleblower disclosure informa-
tion with any individual named as a subject of the whistle-
blower disclosure and alleged in the disclosure to have en-
gaged in misconduct, unless— 
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‘‘(1) the whistleblower consented, in writing, to 
such sharing before the sharing occurs; 
‘‘(2) a covered Inspector General to whom such 
disclosure is made— 
‘‘(A) determines that such sharing is nec-
essary to advance an investigation, audit, in-
spection, review, or evaluation by the Inspector 
General; and 
‘‘(B) notifies the whistleblower of such 
sharing before the sharing occurs; or 
‘‘(3) an attorney for the Government— 
‘‘(A) determines that such sharing is nec-
essary to advance an investigation by the attor-
ney; and 
‘‘(B) notifies the whistleblower of such 
sharing before the sharing occurs. 
‘‘(b) WHISTLEBLOWER DISCLOSURE INFORMATION 
DEFINED.—In this section, the term ‘whistleblower disclo-
sure information’ means, with respect to a whistleblower 
disclosure— 
‘‘(1) the disclosure; 
‘‘(2) confirmation of the fact of the existence of 
the disclosure; or 
‘‘(3) the identity, or other identifying informa-
tion, of the whistleblower who made the disclosure.’’. 
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(b) TECHNICAL AND CLERICAL AMENDMENTS.— 
(1) TRANSFER.—The National Security Act of 
1947 (50 U.S.C. 3001 et seq.) is amended as fol-
lows: 
(A) Section 1104 is— 
(I) transferred to title XII of such 
Act, as added by section 711; 
(ii) inserted before section 1223 of 
such Act, as added by this section; and 
(iii) redesignated as section 1221. 
(B) Section 1106 is— 
(I) amended by striking ‘‘section 
1104’’ each place it appears and inserting 
‘‘section 1221’’; 
(ii) transferred to title XII of such 
Act, as added by section 711; 
(iii) inserted after section 1223 of 
such Act, as added by this section; and 
(iv) redesignated as section 1225. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of the National Security Act 
of 1947 is amended— 
(A) by striking the items relating to sec-
tion 1104 and section 1106; and 
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(B) by inserting after the item relating to 
section 1205 the following new items: 
‘‘SUBTITLE B—PROTECTIONS FOR WHISTLEBLOWERS 
‘‘Sec. 1221. Prohibited personnel practices in the intelligence community. 
‘‘Sec. 1223. Limitation on sharing of intelligence community whistleblower com-
plaints with persons named in such complaints. 
‘‘Sec. 1225. Inspector General external review panel.’’. 
(c) DEFINITIONS.—Section 3 of such Act (50 U.S.C. 
3003), as amended by section 711, is further amended by 
adding at the end the following new paragraphs: 
‘‘(9) The term ‘whistleblower’ means a person 
who makes a whistleblower disclosure. 
‘‘(10) The term ‘whistleblower disclosure’ 
means a disclosure that is protected under section 
1221 of this Act or section 3001(j)(1) of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(j)).’’. 
(d) CONFORMING AMENDMENT.—Section 5331 of the 
Damon Paul Nelson and Matthew Young Pollard Intel-
ligence Authorization Act for Fiscal Years 2018, 2019, 
and 2020 (division E of Public Law 116–92; 50 U.S.C. 
3033 note) is amended by striking ‘‘section 1104 of the 
National Security Act of 1947 (50 U.S.C. 3234)’’ and in-
serting ‘‘section 1221 of the National Security Act of 
1947’’. 
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SEC. 812. DISCLOSURES TO CONGRESS. 
(a) IN GENERAL.—Title XII of the National Security 
Act of 1947, as added by section 711, is further amended 
by inserting after section 1225, as designated by section 
811(b), the following new section: 
‘‘SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO 
CONGRESS. 
‘‘(a) GUIDANCE.— 
‘‘(1) OBLIGATION
TO
PROVIDE
SECURITY
DI-
RECTION UPON REQUEST.—Upon the request of a 
whistleblower, the head of the relevant element of 
the intelligence community, acting through the cov-
ered Inspector General for that element, shall fur-
nish on a confidential basis to the whistleblower in-
formation regarding how the whistleblower may di-
rectly contact the congressional intelligence commit-
tees, in accordance with appropriate security prac-
tices, regarding a complaint or information of the 
whistleblower pursuant to section 103H(k)(5)(D) or 
other appropriate provision of law. 
‘‘(2) NONDISCLOSURE.—Unless a whistleblower 
who makes a request under paragraph (1) provides 
prior consent, a covered Inspector General may not 
disclose to the head of the relevant element of the 
intelligence community— 
‘‘(A) the identity of the whistleblower; or 
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‘‘(B) the element at which such whistle-
blower is employed, detailed, or assigned as a 
contractor employee. 
‘‘(b) OVERSIGHT OF OBLIGATION.—If a covered In-
spector General determines that the head of an element 
of the intelligence community denied a request by a whis-
tleblower under subsection (a), directed the whistleblower 
not to contact the congressional intelligence committees, 
or unreasonably delayed in providing information under 
such subsection, the covered Inspector General shall notify 
the congressional intelligence committees of such denial, 
direction, or unreasonable delay. 
‘‘(c) PERMANENT SECURITY OFFICER.—The head of 
each element of the intelligence community may designate 
a permanent security officer in the element to provide to 
whistleblowers the information under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of the National Security Act of 1947 is 
amended by inserting after the item relating to section 
1225, as added by section 811(b), the following new item: 
‘‘Sec. 1227. Procedures regarding disclosures to Congress.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
103H(k)(5)(D)(I) of the National Security Act of 1947 
(50 U.S.C. 3033(k)(5)(D)(I)) is amended by adding at the 
end the following: ‘‘The employee may request information 
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pursuant to section 1227 with respect to contacting such 
committees.’’. 
SEC. 813. PROHIBITION AGAINST DISCLOSURE OF WHIS-
TLEBLOWER 
IDENTITY 
AS 
REPRISAL 
AGAINST WHISTLEBLOWER DISCLOSURE BY 
EMPLOYEES AND CONTRACTORS IN INTEL-
LIGENCE COMMUNITY. 
(a) IN GENERAL.—Paragraph (3) of subsection (a) 
of section 1221 of the National Security Act of 1947, as 
designated by section 811(b)(1)(A), is amended— 
(1) in subparagraph (I), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and 
(3) by inserting after subparagraph (I) the fol-
lowing: 
‘‘(J) a knowing and willful disclosure re-
vealing the identity or other personally identifi-
able information of such employee or such con-
tractor employee without the express written 
consent of such employee or such contractor 
employee or if the Inspector General determines 
such disclosure is necessary for the exclusive 
purpose of investigating a complaint or infor-
mation received under section 8H of the Inspec-
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tor General Act of 1978 (5 U.S.C. App. 8H); 
or’’. 
(b) APPLICABILITY TO DETAILEES.—Such subsection 
is amended by adding at the end the following: 
‘‘(5) EMPLOYEE.—The term ‘employee’, with 
respect to an agency or a covered intelligence com-
munity element, includes an individual who has been 
detailed to such agency or covered intelligence com-
munity element.’’. 
(c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS-
CLOSURE
OF WHISTLEBLOWER IDENTITY.—Subsection 
(d) of such section is amended to read as follows: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the President shall provide 
for the enforcement of this section. 
‘‘(2) PRIVATE RIGHT OF ACTION FOR UNLAW-
FUL, WILLFUL
DISCLOSURE
OF
WHISTLEBLOWER 
IDENTITY.—In a case in which an employee of an 
agency, or other employee or officer of the Federal 
Government, takes a personnel action described in 
subsection (a)(3)(J) against an employee of a cov-
ered intelligence community element as a reprisal in 
violation of subsection (b) or in a case in which a 
contractor employee takes a personnel action de-
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scribed in such subsection against another con-
tractor employee as a reprisal in violation of sub-
section (c), the employee or contractor employee 
against whom the personnel action was taken may 
bring a private action for all appropriate remedies, 
including injunctive relief and compensatory and pu-
nitive damages, against the employee or contractor 
employee who took the personnel action, in a Fed-
eral district court of competent jurisdiction within 
180 days of when the employee or contractor em-
ployee first learned of or should have learned of the 
violation.’’. 
TITLE IX—ACCOUNTABILITY 
FOR ACTING OFFICIALS 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Accountability for Act-
ing Officials Act’’. 
SEC. 902. CLARIFICATION OF FEDERAL VACANCIES RE-
FORM ACT OF 1998. 
(a) ELIGIBILITY REQUIREMENTS.—Section 3345 of 
title 5, United States Code, is amended as follows: 
(1) In subsection (a)— 
(A) in paragraph (1), by adding at the end 
before the semi-colon the following: ‘‘, but, and 
except as provided in subsection (e), only if the 
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individual serving in the position of first assist-
ant has occupied such position for a period of 
at least 30 days during the 365-day period pre-
ceding the date of the death, resignation, or be-
ginning of inability to serve’’; and 
(B) by striking subparagraph (A) of para-
graph (3) and inserting the following: 
‘‘(A) the officer or employee served in a 
position in such agency for a period of at least 
1 year preceding the date of death, resignation, 
or beginning of inability to serve of the applica-
ble officer; and’’. 
(2) By adding at the end the following: 
‘‘(d) For purposes of this section, a position shall be 
considered to be the first assistant to the office with re-
spect to which a vacancy occurs only if such position has 
been designated, at least 30 days before the date of the 
vacancy, by law, rule, or regulation as the first assistant 
position. The previous sentence shall begin to apply on the 
date that is 180 days after the date of enactment of the 
Accountability for Acting Officials Act. 
‘‘(e) The 30-day service requirement in subsection 
(a)(1) shall not apply to any individual who is a first as-
sistant if— 
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‘‘(1)(A) the office of such first assistant is an 
office for which appointment is required to be made 
by the President, by and with the advice and consent 
of the Senate; and 
‘‘(B) the Senate has approved the appointment 
of such individual to such office; or 
‘‘(2) the individual began serving in the position 
of first assistant during the 180-day period begin-
ning on a transitional inauguration day (as that 
term is defined in section 3349a(a)).’’. 
(b) QUALIFICATIONS.—Section 3345(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) Any individual directed to perform the functions 
and duties of the vacant office temporarily in an acting 
capacity under subsection (a)(2) or (f) shall possess the 
qualifications (if any) set forth in law, rule, or regulation 
that are otherwise applicable to an individual appointed 
by the President, by and with the advice and consent of 
the Senate, to occupy such office.’’. 
(c) APPLICATION TO INDIVIDUALS REMOVED FROM 
OFFICE.—Paragraph (2) of section 3345(c) of title 5, 
United States Code, is amended by inserting after ‘‘the 
expiration of a term of office’’ the following: ‘‘or removal 
(voluntarily or involuntarily) from office’’. 
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(d) VACANCY OF INSPECTOR GENERAL POSITIONS.— 
(1) IN
GENERAL.—Section 3345 of title 5, 
United States Code, as amended by subsection 
(a)(2), is further amended by adding at the end the 
following: 
‘‘(f)(1) Notwithstanding subsection (a), if an Inspec-
tor General position that requires appointment by the 
President by and with the advice and consent of the Sen-
ate to be filled is vacant, the first assistant of such posi-
tion shall perform the functions and duties of the Inspec-
tor General temporarily in an acting capacity subject to 
the time limitations of section 3346. 
‘‘(2) Notwithstanding subsection (a), if for purposes 
of carrying out paragraph (1) of this subsection, by reason 
of absence, disability, or vacancy, the first assistant to the 
position of Inspector General is not available to perform 
the functions and duties of the Inspector General, an act-
ing Inspector General shall be appointed by the President 
from among individuals serving in an office of any Inspec-
tor General, provided that— 
‘‘(A) during the 365-day period preceding the 
date of death, resignation, or beginning of inability 
to serve of the applicable Inspector General, the in-
dividual served in a position in an office of any In-
spector General for not less than 90 days; and 
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‘‘(B) the rate of pay for the position of such in-
dividual is equal to or greater than the minimum 
rate of pay payable for a position at GS–15 of the 
General Schedule.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any vacancy first occur-
ring with respect to an Inspector General position on 
or after the date of enactment of this Act. 
(e) TESTIMONY OF ACTING OFFICIALS BEFORE CON-
GRESS.—Section 3345 of title 5, United States Code, as 
amended by subsection (d)(1), is further amended by add-
ing at the end the following: 
‘‘(g)(1) Any individual serving as an acting officer 
due to a vacancy to which this section applies, or any indi-
vidual who has served in such capacity and continues to 
perform the same or similar duties beyond the time limits 
described in section 3346, shall appear, at least once dur-
ing any 60-day period that the individual is so serving, 
before the appropriate committees of jurisdiction of the 
House of Representatives and the Senate. 
‘‘(2) Paragraph (1) may be waived upon mutual 
agreement of the chairs and ranking members of such 
committees.’’. 
(f) TIME LIMITATION FOR PRINCIPAL OFFICES.— 
Section 3346 of title 5, United States Code, is amended— 
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(1) in subsection (a), by inserting ‘‘or as pro-
vided in subsection (d)’’ after ‘‘sickness’’; and 
(2) by adding at the end the following: 
‘‘(d) With respect to the vacancy of the position of 
head of any agency listed in subsection (b) of section 901 
of title 31, or any other position that is within the Presi-
dent’s cabinet and to which this section applies, sub-
sections (a) through (c) of this section and sections 
3348(c), 3349(b), and 3349a(b) shall be applied by sub-
stituting ‘120’ for ‘210’ in each instance.’’. 
(g) EXCLUSIVITY.—Section 3347 of title 5, United 
States Code, is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Notwithstanding subsection (a), any statutory 
provision covered under paragraph (1) of such subsection 
that contains a non-discretionary order or directive to des-
ignate an officer or employee to perform the functions and 
duties of a specified office temporarily in an acting capac-
ity shall be the exclusive means for temporarily author-
izing an acting official to perform the functions and duties 
of such office.’’. 
(h) REPORTING OF VACANCIES.— 
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(1) IN
GENERAL.—Section 3349 of title 5, 
United States Code, is amended— 
(A) in subsection (a)— 
(I) by striking ‘‘immediately upon’’ in 
each instance and inserting ‘‘not later than 
7 days after’’; 
(ii) in paragraph (3), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (4), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(5) notification of the end of the term of serv-
ice of any person serving in an acting capacity and 
the name of any subsequent person serving in an 
acting capacity and the date the service of such sub-
sequent person began not later than 7 days after 
such date.’’; and 
(B) in subsection (b), by striking ‘‘imme-
diately’’ and inserting ‘‘not later than 14 days 
after the date of such determination’’. 
(2) 
TECHNICAL
CORRECTIONS.—Paragraphs 
(1) and (2) of subsection (b) of such section 3349 
of such title are amended to read as follows: 
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‘‘(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
‘‘(2) the Committee on Oversight and Reform 
of the House of Representatives;’’. 
(I) VACANCIES DURING PRESIDENTIAL INAUGURAL 
TRANSITIONS.—Subsection (b) of section 3349a of title 5, 
United States Code, is amended to read as follows: 
‘‘(b) Notwithstanding section 3346 (except as pro-
vided in paragraph (2) of this subsection) or 3348(c), with 
respect to any vacancy that exists on a transitional inau-
guration day, or that arises during the 60-day period be-
ginning on such day, the person serving as an acting offi-
cer as described under section 3345 may serve in the of-
fice— 
‘‘(1) for no longer than 300 days beginning on 
such day; or 
‘‘(2) subject to subsection 3346(b), once a first 
or second nomination for the office is submitted to 
the Senate, from the date of such nomination for the 
period that the nomination is pending in the Sen-
ate.’’. 
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TITLE 
X—STRENGTHENING 
HATCH ACT ENFORCEMENT 
AND PENALTIES 
Subtitle A—Strengthening Hatch 
Act Enforcement and Penalties 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Hatch Act Account-
ability Act’’. 
SEC. 1002. STRENGTHENING HATCH ACT ENFORCEMENT 
AND PENALTIES AGAINST POLITICAL AP-
POINTEES. 
(a) INVESTIGATIONS BY OFFICE OF SPECIAL COUN-
SEL.—Section 1216 of title 5, United States Code, as 
amended by section 307, is amended— 
(1) in subsection (c), by striking ‘‘(1),’’; and 
(2) by adding at the end the following: 
‘‘(e)(1) In addition to the authority otherwise pro-
vided in this chapter, the Special Counsel— 
‘‘(A) shall conduct an investigation with respect 
to any allegation concerning political activity prohib-
ited under subchapter III of chapter 73 (relating to 
political activities by Federal employees); and 
‘‘(B) may, regardless of whether the Special 
Counsel has received an allegation, conduct any in-
vestigation as the Special Counsel considers nec-
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essary concerning political activity prohibited under 
such subchapter. 
‘‘(2) With respect to any investigation under para-
graph (1) of this subsection, the Special Counsel may seek 
corrective action under section 1214 and disciplinary ac-
tion under section 1215 in the same way as if a prohibited 
personnel practice were involved. 
‘‘(f)(1) Notwithstanding subsection (b) of section 
1215, consistent with paragraph (3) of this subsection, if 
after an investigation under subsection (d)(1) the Special 
Counsel determines that a political appointee has violated 
section 7323 or 7324, the Special Counsel may present 
a complaint to the Merit Systems Protection Board under 
the process provided in section 1215, against such political 
appointee. 
‘‘(2) Notwithstanding section 7326, a final order of 
the Board on a complaint of a violation of section 7323 
or 7324 by a political appointee may impose an assess-
ment of a civil penalty not to exceed $50,000. 
‘‘(3) The Special Counsel may not present a com-
plaint under paragraph (1) of this subsection— 
‘‘(A) unless no disciplinary action or civil pen-
alty has been taken or assessed, respectively, against 
the political appointee pursuant to section 7326; and 
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‘‘(B) until on or after the date that is 90 days 
after the date that the complaint regarding the polit-
ical appointee was presented to the President under 
section 1215(b), notwithstanding whether the Presi-
dent submits a written statement pursuant to para-
graph (4) of this subsection. 
‘‘(4)(A) Not later than 90 days after receiving from 
the Special Counsel a complaint recommending discipli-
nary action under section 1215(b) with respect to a polit-
ical appointee for a violation of section 7323 or 7324, the 
President shall provide a written statement to the Special 
Counsel on whether the President imposed the rec-
ommended disciplinary action, imposed another form of 
disciplinary action and the nature of that disciplinary ac-
tion, or took no disciplinary action against the political 
appointee. 
‘‘(B) Not later than 14 days after receiving a written 
statement under subparagraph (A) of this paragraph— 
‘‘(I) the Special Counsel shall submit the writ-
ten statement to the Committee on Oversight and 
Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
‘‘(ii) publish the written statement on the public 
website of the Office of Special Counsel. 
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‘‘(5) Not later than 14 days after the date that the 
Special Counsel determines a political appointee has vio-
lated section 7323 or 7324, the Special Counsel shall— 
‘‘(A) submit a report on the investigation into 
such political appointee, and any communications 
sent from the Special Counsel to the President rec-
ommending discipline of such political appointee, to 
the Committee on Oversight and Reform of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate; and 
‘‘(B) publish the report and such communica-
tions on the public website of the Office of Special 
Counsel. 
‘‘(6) In this subsection, the term ‘political appointee’ 
means any individual, other than the President and the 
Vice-President, employed or holding office— 
‘‘(A) in the Executive Office of the President, 
the Office of the Vice President, and any other office 
of the White House, but not including any career 
employee; or 
‘‘(B) in a confidential, policy-making, policy-de-
termining, or policy-advocating position appointed by 
the President, by and with the advice and consent 
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of the Senate (other than an individual in the For-
eign Service of the United States).’’. 
(b) CLARIFICATION ON APPLICATION OF HATCH ACT 
TO EOP AND OVP EMPLOYEES.—Section 7322(1)(A) of 
title 5, United States Code, is amended by inserting after 
‘‘Executive agency’’ the following: ‘‘, including the Execu-
tive Office of the President, the Office of the Vice Presi-
dent, and any other office of the White House,’’. 
(c) CRIMINAL PENALTY.— 
(1) IN GENERAL.—Subchapter III of chapter 
73 of title 5, United States Code, is amended by 
adding after section 7326 the following: 
‘‘§ 7328. Criminal penalty for Hatch Act violations 
‘‘(a) IN GENERAL.—Any person who knowingly vio-
lates section 7323 or 7324 shall be fined $50,000 (not-
withstanding section 3571(e) of title 18), or imprisoned 
for not more than 1 year, or both. Notwithstanding section 
3571(e) of title 18, for each violation after the first, the 
fine applicable under this section shall be double the 
amount of the fine assessed for the previous violation. 
‘‘(b) ATTORNEY FEES.—A court may assess against 
the United States reasonable attorney fees and other liti-
gation costs reasonably incurred in any case under this 
section in which an employee has established, by a prepon-
derance of the evidence, that a superior ordered or other-
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wise coerced the employee into taking any act that re-
sulted in a violation of such section 7323 or 7324.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions of such subchapter is amended by inserting 
after the item relating to section 7326 the following: 
‘‘7328. Criminal penalty for Hatch Act violations.’’. 
(3) TRAINING.—After an individual’s first viola-
tion of section 7323 or 7324 of title 5, United 
States Code, such individual shall be provided train-
ing by the employing agency on how to avoid subse-
quent violations of either such section. 
SEC. 1003. INCLUDING EXECUTIVE OFFICE OF THE PRESI-
DENT UNDER LIMITATION ON NEPOTISM IN 
THE CIVIL SERVICE. 
Section 3110(a)(1)(A) of title 5, United States Code, 
is amended by inserting ‘‘, including the Executive Office 
of the President’’ after ‘‘Executive agency’’. 
SEC. 1004. DISCLOSURE OF HATCH ACT INVESTIGATIONS 
FOR CERTAIN POLITICAL EMPLOYEES. 
Section 1216 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(d)(1) With respect to any investigation of an alle-
gation of prohibited activity under subsection (a)(1) 
against a political employee, not later than 14 days after 
the Special Counsel makes a final determination under 
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such investigation with respect to whether a violation oc-
curred, the Special Counsel shall— 
‘‘(A) publish, on the Office of Special Counsel’s 
website, such determination and a report on that de-
termination; and 
‘‘(B) submit such report to the Committee on 
Oversight and Reform of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
‘‘(2) In this subsection, the term ‘political employee’ 
means any individual occupying any of the following posi-
tions in the executive branch of Government (including an 
individual carrying out the duties of a position described 
in paragraph (1) in an acting capacity): 
‘‘(A) Any position required to be filled by an 
appointment by the President by and with the advice 
and consent of the Senate. 
‘‘(B) Any position in the executive branch of 
the Government of a confidential or policy-deter-
mining character under schedule C of subpart C of 
part 213 of title 5, Code of Federal Regulations. 
‘‘(C) Any position in or under the Executive Of-
fice of the President. 
‘‘(D) Any position in or under the Office of the 
Vice President. 
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‘‘(E) Any position in the Senior Executive Serv-
ice that is not a career appointee, a limited term ap-
pointee, or a limited emergency appointee (as those 
terms are defined in section 3132(a)).’’. 
SEC. 1005. CLARIFICATION ON CANDIDATES VISITING FED-
ERAL PROPERTY. 
(a) IN GENERAL.—Section 7323 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) Nothing in this section or section 7324 shall be 
construed to prohibit an employee from allowing a Mem-
ber of Congress or any other elected official from visiting 
Federal facilities for an official purpose, including receiv-
ing briefings, tours, or other official information.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Such section 7323 is further amended— 
(1) in subsection (a)(1), by striking ‘‘his’’ and 
inserting ‘‘the employee’s’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘he’’ and inserting ‘‘the 
employee’’; and 
(B) by striking ‘‘his’’ and inserting ‘‘the 
employee’s’’. 
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SEC. 1006. APPLYING HATCH ACT TO PRESIDENT AND VICE 
PRESIDENT WHILE ON FEDERAL PROPERTY. 
(a) IN GENERAL.—Subchapter III of chapter 73 of 
title 5, United States Code, as amended by section 
1002(c), is further amended by redesignating section 7326 
as section 7327 and by inserting after section 7325 the 
following: 
‘‘§ 7326. Limitations on political activity of president 
and vice president while on White House 
grounds 
‘‘Notwithstanding section 7322(1), the prohibitions 
on political activity under section 7323(a) and section 
7324 shall apply to the President and Vice President while 
the President and Vice President are on or in any part 
of the White House and White House grounds that is reg-
ularly used in the discharge of official duties.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of such subchapter, as amended by section 1002(c), is 
fruther amended by striking the item relating to section 
7326 and inserting the following: 
‘‘7326. Limitations on political activity of President and Vice President while 
on Federal property 
‘‘7327. Penalties’’. 
SEC. 1007. GRANTING THE OFFICE OF SPECIAL COUNSEL 
RULEMAKING AUTHORITY. 
Notwithstanding any other law, rule, or regulation, 
the Office of Special Counsel shall have exclusive authority 
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to promulgate regulations with respect to authority grant-
ed to the Office under the Hatch Act. 
SEC. 1008. GREATER ACCOUNTABILITY FOR POLITICAL AP-
POINTEES. 
Section 1204(c) of title 5, United States Code, is 
amended by adding at the end the following: ‘‘Notwith-
standing the previous sentences, in the case of contumacy 
or failure by an individual to obey a subpoena issued under 
subsection (b)(2)(A) or section 1214(b) with respect to an 
investigation into any violation of section 7323 or 7324, 
the Board may issue an order requiring that individual 
to appear at any designated place to testify or to produce 
documentary or other evidence.’’. 
SEC. 1009. INVESTIGATING FORMER POLITICAL EMPLOY-
EES. 
Notwithstanding any other provision of law, the Of-
fice of Special Counsel may continue an investigation of 
a violation of section 7323 or 7324 of title 5, United 
States Code, of an individual who is a former employee 
but only if such investigation commenced while the indi-
vidual was an employee. In this section, the term ‘‘em-
ployee’’ has the meaning given that term in section 
7322(1) of such title. 
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SEC. 1010. GAO REVIEW OF REIMBURSABLE POLITICAL 
EVENTS. 
Not later than 60 days after the date of enactment 
of this Act, the Comptroller General shall submit to Con-
gress a report on reimbursable political events held at the 
White House or on the White House grounds during the 
period beginning on January 1, 1997, and ending on the 
date of enactment of this Act. Such report shall include 
the following: 
(1) Whether, during such period, the require-
ments in annual appropriations Acts with respect to 
reimbursable political events have been followed, in-
cluding the requirements under the heading ‘‘Execu-
tive Residence At the White House—Reimbursable 
Expenses’’ in division D of Public Law 116–6. 
(2) An assessment of what constitutes a polit-
ical event during such period. 
(3) Whether an event that was not classified as 
a political event during such period should have been 
classified as such an event. 
(4) A review of any payment made by a political 
entity under the terms of such requirements. 
(5) Recommendations for Congress on— 
(A) a definition for the term ‘‘political 
event’’; and 
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(B) how to assess whether administrations 
are following such requirements and how to 
hold administrations accountable if such re-
quirements are not followed. 
Subtitle B—Strengthening Ethics 
Enforcement and Penalties for 
Federal Executive Employees 
SEC. 1011. ETHICS PLEDGE. 
Every appointee in every executive agency appointed 
on or after January 20, 2021, shall sign, and upon signing 
shall be contractually committed to, the following pledge 
upon becoming an appointee: 
‘‘I recognize that this pledge is part of a broader eth-
ics in government plan designed to restore and maintain 
public trust in government, and I commit myself to con-
duct consistent with that plan. I commit to decision-mak-
ing on the merits and exclusively in the public interest, 
without regard to private gain or personal benefit. I com-
mit to conduct that upholds the independence of law en-
forcement and precludes improper interference with inves-
tigative or prosecutorial decisions of the Department of 
Justice. I commit to ethical choices of post-Government 
employment that do not raise the appearance that I have 
used my Government service for private gain, including 
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by using confidential information acquired and relation-
ships established for the benefit of future clients. 
‘‘Accordingly, as a condition, and in consideration, of 
my employment in the United States Government in a po-
sition invested with the public trust, I commit myself to 
the following obligations, which I understand are binding 
on me and are enforceable under law: 
‘‘(1) Lobbyist Gift Ban.—I will not accept gifts 
from registered lobbyists or lobbying organizations 
for the duration of my service as an appointee. 
‘‘(2) Revolving Door Ban; All Appointees En-
tering Government.—I will not for a period of 2 
years from the date of my appointment participate 
in any particular matter involving specific parties 
that is directly and substantially related to my 
former employer or former clients, including regula-
tions and contracts. 
‘‘(3) Revolving Door Ban; Lobbyists and Reg-
istered Agents Entering Government.—If I was reg-
istered under the Lobbying Disclosure Act, 2 U.S.C. 
1601 et seq., or the Foreign Agents Registration Act 
(FARA), 22 U.S.C. 611 et seq., within the 2 years 
before the date of my appointment, in addition to 
abiding by the limitations of paragraph 2, I will not 
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(b) CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO ALL CONTRIBUTIONS AND DONATIONS 
OF THINGS OF VALUE AND TO ALL SOLICITATIONS OF 
CONTRIBUTIONS
AND
DONATIONS
OF
THINGS
OF 
VALUE.—Section 319(a) of such Act (52 U.S.C. 
30121(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘promise 
to make a contribution or donation’’ and inserting 
‘‘promise to make such a contribution or donation’’; 
(2) in paragraph (1)(B), by striking ‘‘donation’’ 
and inserting ‘‘donation of money or other thing of 
value, or to make an express or implied promise to 
make such a contribution or donation,’’; and 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) a person to solicit, accept, or receive (di-
rectly or indirectly) a contribution or donation de-
scribed in subparagraph (A) or (B) of paragraph 
(1), or to solicit, accept, or receive (directly or indi-
rectly) an express or implied promise to make such 
a contribution or donation, from a foreign na-
tional.’’. 
(c) ENHANCED
PENALTY
FOR
CERTAIN
VIOLA-
TIONS.— 
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