I 
118TH CONGRESS 
1ST SESSION H. R. 5048 
To protect our democracy by preventing abuses of Presidential power, restor-
ing checks and balances and accountability and transparency in govern-
ment, and defending elections against foreign interference, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. SCHIFF (for himself, Mr. NADLER, Mr. LARSEN of Washington, Mr. 
EVANS, Ms. DELAURO, Mr. CA´RDENAS, Mr. RASKIN, Ms. BROWNLEY, 
Ms. SCHAKOWSKY, Mr. HIMES, Mr. BOYLE
of Pennsylvania, Mr. 
MORELLE, Mr. TRONE, Mr. SHERMAN, Mr. JOHNSON of Georgia, Mr. 
TAKANO, Ms. NORTON, Ms. WILLIAMS of Georgia, Ms. SEWELL, Ms. 
DELBENE, Ms. BARRAGA´N, Mr. CASTEN, Mr. ROBERT GARCIA of Cali-
fornia, Mr. PHILLIPS, Ms. TOKUDA, Mr. POCAN, Mr. DESAULNIER, Mr. 
SARBANES, Mr. MULLIN, Mr. BERA, Mr. ALLRED, Ms. LOFGREN, Mr. 
KILMER, Mr. IVEY, Ms. CLARKE of New York, Mr. GOMEZ, Mr. 
SWALWELL, Mr. LIEU, Mr. GOLDMAN of New York, Ms. WILSON of Flor-
ida, Mr. KIM of New Jersey, Mr. GALLEGO, Mr. CONNOLLY, Mrs. WAT-
SON COLEMAN, Ms. DEAN of Pennsylvania, Mr. BISHOP of Georgia, Ms. 
MCCOLLUM, Mr. HIGGINS of New York, Ms. JACKSON LEE, Ms. 
JAYAPAL, Mr. CORREA, Mr. DAVID SCOTT of Georgia, Mr. KHANNA, Ms. 
STEVENS, Ms. SCANLON, Ms. TITUS, Ms. PELOSI, Mr. COHEN, Mr. BLU-
MENAUER, Ms. MENG, Mr. QUIGLEY, Ms. PORTER, Ms. BALINT, Ms. 
ESHOO, Mr. HUFFMAN, Mr. CARTER of Louisiana, Mr. MFUME, Mr. 
LYNCH, Mr. AGUILAR, Mr. CARSON, Mr. CROW, Mr. MCGOVERN, Mr. 
TORRES of New York, Ms. BLUNT ROCHESTER, Ms. LEE of California, 
Mr. DELUZIO, Mr. PANETTA, Ms. PINGREE, Ms. STRICKLAND, Ms. 
VELA´ZQUEZ, Mr. AUCHINCLOSS, Mr. PASCRELL, Ms. GARCIA of Texas, 
Mr. LARSON of Connecticut, Mr. ESPAILLAT, Mr. PALLONE, Mr. DAVIS 
of Illinois, Ms. KELLY of Illinois, Ms. WEXTON, Mr. DAVIS of North 
Carolina, Ms. ESCOBAR, Mrs. HAYES, Mrs. BEATTY, Ms. SALINAS, Ms. 
CASTOR of Florida, Mrs. FLETCHER, Mr. NORCROSS, Mrs. NAPOLITANO, 
Ms. SA´NCHEZ, Mr. BEYER, Mr. SCOTT of Virginia, Ms. BROWN, Mr. 
NEGUSE, Ms. JACOBS, Ms. TLAIB, Mr. LEVIN, Mr. GRIJALVA, and Mr. 
TONKO) introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability, and in addition to the Commit-
tees on the Judiciary, House Administration, the Budget, Transportation 
and Infrastructure, Rules, Foreign Affairs, Ways and Means, and Intel-
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ligence (Permanent Select), for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To protect our democracy by preventing abuses of Presi-
dential power, restoring checks and balances and ac-
countability and transparency in government, and de-
fending elections against foreign interference, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Democ-
racy Act’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
CONTENTS. 
(a) DIVISIONS.—This Act is organized into divisions 
as follows: 
(1) Division A—Preventing Abuses of Presi-
dential Power. 
(2) Division B—Restoring Checks and Bal-
ances, Accountability, and Transparency. 
(3) Division C—Miscellaneous. 
(4) Division D—Severability. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
DIVISION A—PREVENTING ABUSES OF PRESIDENTIAL POWER 
TITLE I—ABUSE OF THE PARDON POWER PREVENTION 
Sec. 101. Short title. 
Sec. 102. Congressional oversight relating to certain pardons. 
Sec. 103. Bribery in connection with pardons and commutations. 
Sec. 104. Prohibition on presidential self-pardon. 
TITLE II—ENSURING NO PRESIDENT IS ABOVE THE LAW 
Sec. 201. Short title. 
Sec. 202. Tolling of statute of limitations. 
Sec. 203. Contracts by the President, the Vice President, or a Cabinet member. 
Sec. 204. Forfeiture of benefits for former Presidents convicted of a felony. 
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. 
Sec. 308. Rulemaking for ethics requirements for legal expense funds. 
Sec. 309. Limitations and disclosure of certain donations to, and disbursements 
by, inaugural committees. 
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. 
Sec. 406. Enforcement of requests for information from certain committees of 
Congress. 
TITLE V—REASSERTING CONGRESSIONAL POWER OF THE PURSE 
Sec. 500. Short title. 
Subtitle A—Strengthening Congressional Control and Review To Prevent 
Impoundment 
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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 Comp-
troller General 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 Depart-
ment of Justice Office of Legal Counsel. 
Sec. 525. Treatment of requests for information from Members of Congress. 
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 Emer-
gencies 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. Congressional designations. 
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 WHISTLEBLOWERS 
Subtitle A—Whistleblower Protection Improvement 
Sec. 701. Short title. 
Sec. 702. Additional whistleblower protections. 
Sec. 703. Enhancement of whistleblower protections. 
Sec. 704. Classifying certain furloughs as adverse personnel actions. 
Sec. 705. Codification of protections for disclosures of censorship related to re-
search, analysis, or technical information. 
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Sec. 706. Title 5 technical and conforming amendments. 
Subtitle B—Whistleblowers of the Intelligence Community 
Sec. 711. Limitation on sharing of intelligence community whistleblower com-
plaints with persons named in such complaints. 
Sec. 712. Disclosures to Congress. 
Sec. 713. Prohibition against disclosure of whistleblower identity as reprisal 
against whistleblower disclosure by employees and contractors 
in intelligence community. 
TITLE VIII—ACCOUNTABILITY FOR ACTING OFFICIALS 
Sec. 801. Short title. 
Sec. 802. Clarification of Federal Vacancies Reform Act of 1998. 
TITLE IX—STRENGTHENING HATCH ACT ENFORCEMENT AND 
PENALTIES 
Subtitle A—Strengthening Hatch Act Enforcement and Penalties 
Sec. 901. Short title. 
Sec. 902. Strengthening Hatch Act enforcement and penalties against political 
appointees. 
Sec. 903. Including Executive Office of the President under limitation on nepo-
tism in the civil service. 
Sec. 904. Disclosure of Hatch Act investigations for certain political employees. 
Sec. 905. Clarification on candidates visiting Federal property. 
Sec. 906. Applying Hatch Act to President and Vice President while on Federal 
property. 
Sec. 907. Granting the Office of Special Counsel rulemaking authority. 
Sec. 908. Greater accountability for political appointees. 
Sec. 909. Investigating former political employees. 
Sec. 910. GAO review of reimbursable political events. 
Subtitle B—Strengthening Ethics Enforcement and Penalties for Federal 
Executive Employees 
Sec. 911. Definitions. 
Sec. 912. Ethics pledge. 
Sec. 913. Waivers. 
Sec. 914. Administration. 
Sec. 915. Enforcement. 
Sec. 916. General provisions. 
TITLE X—PRESIDENTIAL AND VICE PRESIDENTIAL TAX 
TRANSPARENCY 
Sec. 1001. Presidential and Vice Presidential tax transparency. 
DIVISION C—MISCELLANEOUS 
TITLE XI—REPORTING FOREIGN INTERFERENCE IN ELECTIONS 
Sec. 1101. Federal campaign reporting of foreign contacts. 
Sec. 1102. Federal campaign foreign contact reporting compliance system. 
Sec. 1103. Criminal penalties. 
Sec. 1104. Report to congressional intelligence committees. 
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Sec. 1105. Rule of construction. 
TITLE XII—ELIMINATING FOREIGN INTERFERENCE IN 
ELECTIONS 
Sec. 1201. Clarification of application of foreign money ban. 
Sec. 1202. Requiring acknowledgment of foreign money ban by political com-
mittees. 
Sec. 1203. Prohibition on contributions and donations by foreign nationals in 
connection with ballot initiatives and referenda. 
TITLE XIII—HONEST ADS 
Sec. 1301. Short title. 
Sec. 1302. Purpose. 
Sec. 1303. Sense of Congress. 
Sec. 1304. Expansion of definition of public communication. 
Sec. 1305. Expansion of definition of electioneering communication. 
Sec. 1306. Application of disclaimer statements to online communications. 
Sec. 1307. Political record requirements for online platforms. 
Sec. 1308. Preventing contributions, expenditures, independent expenditures, 
and disbursements for electioneering communications by for-
eign nationals in the form of online advertising. 
Sec. 1309. Requiring online platforms to display notices identifying sponsors of 
political advertisements and to ensure notices continue to be 
present when advertisements are shared. 
TITLE XIV—PREVENTING A PATRONAGE SYSTEM 
Sec. 1401. Short title. 
Sec. 1402. Limitations on excepting positions from competitive service and 
transferring positions. 
TITLE XV—USE OF FEDERAL PROPERTY; VISITOR RECORDS 
Sec. 1501. Prohibition on use of Federal property for political conventions. 
Sec. 1502. Improving access to influential visitor access records. 
DIVISION D—SEVERABILITY 
TITLE XVI—SEVERABILITY 
Sec. 1601. Severability. 
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DIVISION 
A—PREVENTING 
ABUSES 
OF 
PRESIDENTIAL 
POWER 
TITLE I—ABUSE OF THE PARDON 
POWER PREVENTION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Abuse of the Pardon 
Power Prevention Act’’. 
SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CER-
TAIN PARDONS. 
(a) SUBMISSION OF INFORMATION.—Not later than 
30 days after the date on which the President grants an 
individual a pardon for a covered offense, the Attorney 
General shall submit to the chair and ranking member of 
each appropriate congressional committee— 
(1) all materials obtained or produced by the 
prosecution team, including the Attorney General 
and any United States Attorney, and all materials 
obtained or prepared by any investigative agency of 
the Federal Government, relating to the offense for 
which the individual was pardoned; and 
(2) all materials obtained or produced by the 
Department of Justice in relation to the pardon. 
(b) TREATMENT OF INFORMATION.—Rule 6(e) of the 
Federal Rules of Criminal Procedure may not be con-
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strued to prohibit the disclosure of information required 
by subsection (a) of this section. 
(c) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittee’’ means— 
(A) the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives; and 
(B) if an investigation relates to intel-
ligence or counterintelligence matters, the Se-
lect Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(2) COVERED
OFFENSE.—The term ‘‘covered 
offense’’ means— 
(A) an offense against the United States 
that arises from an investigation in which a tar-
get or subject is— 
(i) the President; 
(ii) a relative of the President; 
(iii) any individual who is serving or 
previously served as a political appointee 
(as defined in section 1216(f)(6) of title 5, 
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United States Code, as added by title IX 
of this Act) under the President; 
(iv) any individual who was an em-
ployee of an authorized committee (as de-
fined in section 301(6) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 
30101(6))) of the President for any elec-
tion to the office of President; or 
(v) in the case of an offense motivated 
by a direct and significant personal or pe-
cuniary interest of any individual described 
in clause (i), (ii), (iii), or (iv), any person 
or entity; 
(B) an offense under section 102 of the 
Revised Statutes of the United States (2 U.S.C. 
192); or 
(C) an offense under section 1001, 1505, 
1512, or 1621 of title 18, United States Code, 
if the offense occurred in relation to a congres-
sional proceeding or investigation. 
(3) PARDON.—The term ‘‘pardon’’ includes a 
commutation of sentence. 
(4) RELATIVE.—The term ‘‘relative’’, with re-
spect to the President, means— 
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(A) a family member (as defined in section 
1635.3(a) of title 29, Code of Federal Regula-
tions, or any successor regulation) of the Presi-
dent who is a first-degree relative, second-de-
gree relative, or third-degree relative (as those 
terms are defined in such section 1635.3(a) or 
any successor regulation) of the President; or 
(B) a spouse of a family member described 
in subparagraph (A). 
SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND 
COMMUTATIONS. 
Section 201 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, in-
cluding the President and the Vice President of 
the United States,’’ after ‘‘or an officer or em-
ployee or person’’; and 
(B) in paragraph (3), by inserting before 
the period at the end the following: ‘‘, including 
any pardon, commutation, or reprieve, or an 
offer of any such pardon, commutation, or re-
prieve’’; and 
(2) in subsection (b)(3), by inserting ‘‘(includ-
ing, for purposes of this paragraph, any pardon, 
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commutation, or reprieve, or an offer of any such 
pardon, commutation, or reprieve)’’ after ‘‘corruptly 
gives, offers, or promises anything of value’’. 
SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON. 
The President’s grant of a pardon to himself or her-
self is void and of no effect, and shall not deprive the 
courts of jurisdiction, or operate to confer on the Presi-
dent any legal immunity from investigation or prosecution. 
TITLE II—ENSURING NO 
PRESIDENT IS ABOVE THE LAW 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘No President Is Above 
the Law Act’’. 
SEC. 202. TOLLING OF STATUTE OF LIMITATIONS. 
(a) OFFENSES COMMITTED BY THE PRESIDENT OR 
VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF-
FICE.—Section 3282 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(c) OFFENSES COMMITTED BY THE PRESIDENT OR 
VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF-
FICE.—In the case of any person serving as President or 
Vice President of the United States, the duration of that 
person’s tenure in office shall not be considered for pur-
poses of any statute of limitations applicable to any Fed-
eral criminal offense committed by that person (including 
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any offenses committed during any period of time pre-
ceding such tenure in office).’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to any offense committed before the 
date of enactment of this section, if the statute of limita-
tions applicable to that offense had not run as of such 
date. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preclude the indictment or pros-
ecution of a President or Vice President, during that 
President or Vice President’s tenure in office, for viola-
tions of the criminal laws of the United States. 
SEC. 203. CONTRACTS BY THE PRESIDENT, THE VICE 
PRESIDENT, OR A CABINET MEMBER. 
(a) AMENDMENT.—Section 431 of title 18, United 
States Code, is amended— 
(1) in the section heading, by inserting ‘‘the 
President, the Vice President, a Cabinet 
member, or a’’ after ‘‘Contracts by’’; and 
(2) in the first undesignated paragraph, by in-
serting ‘‘the President, the Vice President, in a posi-
tion at level I of the Executive Schedule under sec-
tion 5312 of title 5,’’ after ‘‘Whoever, being’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 23 of title 18, United States Code, 
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is amended by striking the item relating to section 431 
and inserting the following: 
‘‘431. Contracts by the President, the Vice President, a Cabinet member, or a 
Member of Congress.’’. 
SEC. 204. FORFEITURE OF BENEFITS FOR FORMER PRESI-
DENTS CONVICTED OF A FELONY. 
The first section of the Act entitled ‘‘An Act to pro-
vide retirement, clerical assistants, and free mailing privi-
leges to former Presidents of the United States, and for 
other purposes’’, approved August 25, 1958 (commonly 
known as the ‘‘Former Presidents Act of 1958’’; 3 U.S.C. 
102 note), is amended— 
(1) in subsection (a), by striking ‘‘Each former 
President’’ and inserting ‘‘Subject to subsection (h), 
each former President’’; 
(2) in subsection (f), by striking paragraph (2) 
and inserting: 
‘‘(2) who has not been impeached by the House 
of Representatives and convicted by the Senate pur-
suant to the impeachment; and’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(h)(1) If a former President is finally convicted of 
a felony for which every act or omission that is needed 
to satisfy the elements of the felony is committed during 
or after the period such former President holds the office 
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of President, or was finally convicted of such a felony 
while holding such office— 
‘‘(A) no monetary allowance under subsection 
(a) may be provided to such former President; 
‘‘(B) no funds may be obligated or expended 
under subsection (g) with respect to such former 
President except to the extent necessary to maintain 
the security of such former President, as determined 
by the Director of the Secret Service; and 
‘‘(C) such former President shall repay any 
amounts received under subsection (a) during the 
period beginning on the date on which such former 
President is initially convicted of the felony and end-
ing on the date such former President is finally con-
victed of the felony. 
‘‘(2) The term ‘finally convicted’ means a convic-
tion— 
‘‘(A) which has not been appealed and is no 
longer appealable because the time for taking an ap-
peal has expired; or 
‘‘(B) which has been appealed and the appeals 
process for which is completed.’’. 
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TITLE 
III—ENFORCEMENT 
OF 
THE FOREIGN AND DOMESTIC 
EMOLUMENTS 
CLAUSES 
OF 
THE CONSTITUTION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Foreign and Domestic 
Emoluments Enforcement Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) The term ‘‘emolument’’ means any profit, 
gain, or advantage that is received directly or indi-
rectly from any government of a foreign country, the 
Federal Government, or any State or local govern-
ment, or from any instrumentality thereof, including 
payments arising from commercial transactions at 
fair market value. 
(2) The term ‘‘person holding any office of 
profit or trust under the United States’’ includes the 
President of the United States and the Vice Presi-
dent of the United States. 
(3) The term ‘‘government of a foreign coun-
try’’ has the meaning given such term in section 1(e) 
of the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 611(e)). 
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SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND 
DOMESTIC EMOLUMENTS. 
(a) FOREIGN.—Except as otherwise provided in sec-
tion 7342 of title 5, United States Code, it shall be unlaw-
ful for any person holding an office of profit or trust under 
the United States to accept from a government of a for-
eign country, without first obtaining the consent of Con-
gress, any present or emolument, or any office or title. 
The prohibition under this subsection applies without re-
gard to whether the present, emolument, office, or title 
is— 
(1) provided directly or indirectly by that gov-
ernment of a foreign country; or 
(2) provided to that person or to any private 
business interest of that person. 
(b) DOMESTIC.—It shall be unlawful for the Presi-
dent to accept from the United States, or any of them, 
any emolument other than the compensation for his or her 
services as President provided for by Federal law. The 
prohibition under this subsection applies without regard 
to whether the emolument is provided directly or indi-
rectly, and without regard to whether the emolument is 
provided to the President or to any private business inter-
est of the President. 
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SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOR-
EIGN EMOLUMENTS. 
(a) CAUSE OF ACTION.—The House of Representa-
tives or the Senate may bring a civil action against any 
person for a violation of subsection (a) of section 303. 
(b) SPECIAL RULES.—In any civil action described 
in subsection (a), the following rules shall apply: 
(1) The action shall be filed before the United 
States District Court for the District of Columbia. 
(2) The action shall be heard by a three-judge 
court convened pursuant to section 2284 of title 28, 
United States Code. It shall be the duty of such 
court to advance on the docket and to expedite to 
the greatest possible extent the disposition of any 
such action. Such action shall be reviewable only by 
appeal directly to the Supreme Court of the United 
States. Such appeal shall be taken by the filing of 
a notice of appeal within 10 days, and the filing of 
a jurisdictional statement within 30 days, of the 
entry of the final decision. 
(3) It shall be the duty of the Supreme Court 
of the United States to advance on the docket and 
to expedite to the greatest possible extent the dis-
position of any such action and appeal. 
(c) REMEDY.—If the court determines that a viola-
tion of subsection (a) of section 303 has occurred, the 
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court shall issue an order enjoining the course of conduct 
found to constitute the violation, and such of the following 
as are appropriate: 
(1) The disgorgement of the value of any for-
eign present or emolument. 
(2) The surrender of the physical present or 
emolument to the Department of State, which shall, 
if practicable, dispose of the present or emolument 
and deposit the proceeds into the United States 
Treasury. 
(3) The renunciation of any office or title ac-
cepted in violation of such subsection. 
(4) A prohibition on the use or holding of such 
an office or title. 
(5) Such other relief as the court determines 
appropriate. 
(d) USE OF GOVERNMENT FUNDS PROHIBITED.—No 
appropriated funds, funds provided from any accounts in 
the United States Treasury, funds derived from the collec-
tion of fees, or any other Government funds shall be used 
to pay any disgorgement imposed by the court pursuant 
to this section. 
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SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DO-
MESTIC EMOLUMENTS. 
(a) DISCLOSURES.—Section 13104(a) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(9) FOREIGN
EMOLUMENTS.—Any present, 
emolument, office, or title received from a govern-
ment of a foreign country, including the source, 
date, type, and amount or value of each present or 
emolument accepted on or before the date of filing 
during the preceding calendar year. 
‘‘(10) BUSINESS
INTERESTS
RECEIVING
FOR-
EIGN EMOLUMENTS.—Each business interest that is 
reasonably expected to result in the receipt of any 
present or emolument from a government of a for-
eign country during the current calendar year. 
‘‘(11) EMOLUMENTS FROM UNITED STATES.— 
In addition, the President shall report— 
‘‘(A) any emolument received from the 
United States, or any of them, other than the 
compensation for his or her services as Presi-
dent provided for by Federal law; and 
‘‘(B) any business interest that is reason-
ably expected to result in the receipt of any 
emolument from the United States, or any of 
them.’’. 
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(b) 
REPORTING
REQUIREMENTS
RELATED
TO 
SPOUSES
AND
DEPENDENT
CHILDREN.—Section 
13104(e)(1) of title 5, United States Code, is amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘and paragraphs (9) through (11)’’after 
‘‘(5)’’; and 
(2) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) FOREIGN EMOLUMENTS.—In the case 
of items described in paragraphs (9) and (10) 
of subsection (a), all information required to be 
reported under these paragraphs. 
‘‘(H) 
EMOLUMENTS
FROM
UNITED 
STATES.—In the case of— 
‘‘(i) items described in paragraph 
(11)(A) of subsection (a), any such items 
received by spouse or dependent child of 
the President other than items related to 
the President’s services as President pro-
vided for by Federal law; and 
‘‘(ii) in the case of items described in 
paragraph (11)(B) of subsection (a), all in-
formation required to be reported under 
that paragraph.’’. 
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(c) RULE
OF
CONSTRUCTION.—Nothing in the 
amendments made by this section shall be construed to 
affect the prohibition against the acceptance of presents 
and emoluments under section 303. 
SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR 
OF THE OFFICE OF GOVERNMENT ETHICS. 
(a) GENERAL AUTHORITY.—Section 13122(a) of title 
5, United States Code, is amended— 
(1) by striking ‘‘The Director’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Director’’; and 
(2) by adding at the end the following: 
‘‘(2) 
OVERALL
DIRECTION.—The 
Director 
shall— 
‘‘(A) provide overall direction of executive 
branch policies related to compliance with the 
Foreign and Domestic Emoluments Enforce-
ment Act, and the amendments made by that 
Act; and 
‘‘(B) shall have the authority to— 
‘‘(i) issue administrative fines to indi-
viduals for violations; 
‘‘(ii) order individuals to take correc-
tive action, including disgorgement, divesti-
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ture, and recusal, as the Director deems 
necessary; and 
‘‘(iii) bring civil actions to enforce 
such fines and orders.’’. 
(b) SPECIFIC AUTHORITIES.—Section 13122(b) of 
title 5, United States Code, is amended— 
(1) in paragraph (14), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (15), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(16) developing and promulgating rules and 
regulations to ensure compliance with the Foreign 
and Domestic Emoluments Enforcement Act, and 
the amendments made by that Act, including estab-
lishing— 
‘‘(A) requirements for reporting and disclo-
sure; 
‘‘(B) a schedule of administrative fines 
that may be imposed by the Director for viola-
tions; and 
‘‘(C) a process for referral of matters to 
the Office of Special Counsel for investigation 
in compliance with section 1216(d).’’. 
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SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL 
COUNSEL. 
Section 1216 of title 5, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) any violation of section 303 of the Foreign 
and Domestic Emoluments Enforcement Act or of 
the amendments made by section 305 of such Act.’’; 
and 
(2) by adding at the end the following: 
‘‘(d) If the Director of the Office of Government Eth-
ics refers a matter for investigation pursuant to section 
13122, or if the Special Counsel receives a credible com-
plaint of a violation referred to in subsection (a)(6), the 
Special Counsel shall complete an investigation not later 
than 120 days thereafter. If the Special Counsel inves-
tigates any violation pursuant to subsection (a)(6), the 
Special Counsel shall report not later than 7 days after 
the completion of such investigation to the Director of the 
Office of Government Ethics and to Congress on the re-
sults of such investigation.’’. 
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SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR 
LEGAL EXPENSE FUNDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Director of the Office 
of Government Ethics shall finalize a rule establishing eth-
ics requirements for the establishment or operation of a 
legal expense fund for the benefit of the President, the 
Vice President, or any political appointee, consistent with 
the requirements of subsection (b). 
(b) LIMITATIONS ON ACCEPTANCE OF CERTAIN PAY-
MENTS.— 
(1) IN
GENERAL.—A legal expense fund de-
scribed in subsection (a) may not accept any con-
tribution or other payment made by— 
(A) an individual who is a registered lob-
byist under the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.); or 
(B) an agent of a foreign principal. 
(2) APPROPRIATE REMEDIAL ACTION.—In the 
case of a contribution described in paragraph (1)— 
(A) the legal expense fund shall take ap-
propriate remedial action; and 
(B) the Director of the Office of Govern-
ment Ethics may assess a fine against the indi-
vidual or agent of a foreign principal, as de-
fined in section 1 of the Foreign Agents Reg-
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istration Act of 1938, as amended (22 U.S.C. 
611). 
SEC. 309. LIMITATIONS AND DISCLOSURE OF CERTAIN DO-
NATIONS TO, AND DISBURSEMENTS BY, INAU-
GURAL COMMITTEES. 
(a) REQUIREMENTS
FOR
INAUGURAL
COMMIT-
TEES.—Title III of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30101 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 325. INAUGURAL COMMITTEES. 
‘‘(a) PROHIBITED DONATIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for— 
‘‘(A) an Inaugural Committee— 
‘‘(i) to solicit, accept, or receive a do-
nation from a person that is not an indi-
vidual; or 
‘‘(ii) to solicit, accept, or receive a do-
nation from a foreign national; 
‘‘(B) a person— 
‘‘(i) to make a donation to an Inau-
gural Committee in the name of another 
person, or to knowingly authorize his or 
her name to be used to effect such a dona-
tion; 
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‘‘(ii) to knowingly accept a donation 
to an Inaugural Committee made by a per-
son in the name of another person; or 
‘‘(iii) to convert a donation to an In-
augural Committee to personal use as de-
scribed in paragraph (2); or 
‘‘(C) a foreign national to, directly or indi-
rectly, make a donation, or make an express or 
implied promise to make a donation, to an In-
augural Committee. 
‘‘(2) CONVERSION OF DONATION TO PERSONAL 
USE.—For purposes of paragraph (1)(B)(iii), a do-
nation shall be considered to be converted to per-
sonal use if any part of the donated amount is 
used— 
‘‘(A) to fulfill a commitment, obligation, or 
expense of a person that would exist irrespec-
tive of the responsibilities of the Inaugural 
Committee; or 
‘‘(B) to benefit the personal business ven-
ture of the President or Vice President of the 
United States, the Inaugural Committee, or an 
immediate family member of such individuals. 
‘‘(3) NO EFFECT ON DISBURSEMENT OF UN-
USED
FUNDS
TO
NONPROFIT
ORGANIZATIONS.— 
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Nothing in this subsection may be construed to pro-
hibit an Inaugural Committee from disbursing un-
used funds to an organization which is described in 
section 501(c)(3) of the Internal Revenue Code of 
1986 and is exempt from taxation under section 
501(a) of such Code. 
‘‘(b) LIMITATION ON DONATIONS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for an 
individual to make donations to an Inaugural Com-
mittee which, in the aggregate, exceed $50,000. 
‘‘(2) INDEXING.—At the beginning of each 
Presidential election year (beginning with 2028), the 
amount described in paragraph (1) shall be in-
creased by the cumulative percent difference deter-
mined in section 315(c)(1)(A) since the previous 
Presidential election year. If any amount after such 
increase is not a multiple of $1,000, such amount 
shall be rounded to the nearest multiple of $1,000. 
‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS-
BURSEMENTS.— 
‘‘(1) DONATIONS OVER $1,000.— 
‘‘(A) IN
GENERAL.—An Inaugural Com-
mittee shall file with the Commission a report 
disclosing any donation by an individual to the 
committee in an amount of $1,000 or more not 
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later than 24 hours after the receipt of such do-
nation. 
‘‘(B) CONTENTS
OF
REPORT.—A report 
filed under subparagraph (A) shall contain— 
‘‘(i) the amount of the donation; 
‘‘(ii) the date the donation is received; 
and 
‘‘(iii) the name and address of the in-
dividual making the donation. 
‘‘(2) FINAL REPORT.—Not later than the date 
that is 90 days after the date of the Presidential in-
augural ceremony, the Inaugural Committee shall 
file with the Commission a report containing the fol-
lowing information: 
‘‘(A) For each donation of money or any-
thing of value made to the committee in an ag-
gregate amount equal to or greater than 
$200— 
‘‘(i) the amount of the donation; 
‘‘(ii) the date the donation is received; 
and 
‘‘(iii) the name and address of the in-
dividual making the donation. 
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‘‘(B) The total amount of all disburse-
ments, and all disbursements in the following 
categories: 
‘‘(i) Disbursements made to meet 
committee operating expenses. 
‘‘(ii) Repayment of all loans. 
‘‘(iii) Donation refunds and other off-
sets to donations. 
‘‘(iv) Any other disbursements. 
‘‘(C) The name and address of each per-
son— 
‘‘(i) to whom a disbursement in an ag-
gregate amount or value in excess of $200 
is made by the committee to meet a com-
mittee operating expense, together with 
date, amount, and purpose of such oper-
ating expense; 
‘‘(ii) who receives a loan repayment 
from the committee, together with the date 
and amount of such loan repayment; 
‘‘(iii) who receives a donation refund 
or other offset to donations from the com-
mittee, together with the date and amount 
of such disbursement; and 
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‘‘(iv) to whom any other disbursement 
in an aggregate amount or value in excess 
of $200 is made by the committee, to-
gether with the date and amount of such 
disbursement. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) DONATION.— 
‘‘(A) IN GENERAL.—The term ‘donation’ 
includes— 
‘‘(i) any gift, subscription, loan, ad-
vance, or deposit of money or anything of 
value made by any person to the com-
mittee; or 
‘‘(ii) the payment by any person of 
compensation for the personal services of 
another person which are rendered to the 
committee without charge for any purpose. 
‘‘(B) EXCEPTION.—The term ‘donation’ 
does not include the value of services provided 
without compensation by any individual who 
volunteers on behalf of the committee. 
‘‘(2) FOREIGN NATIONAL.—The term ‘foreign 
national’ has the meaning given that term by section 
319(b). 
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‘‘(3) IMMEDIATE FAMILY MEMBER.—The term 
‘immediate family member’ means a parent, parent- 
in-law, spouse, adult child, or sibling. 
‘‘(4) INAUGURAL COMMITTEE.—The term ‘In-
augural Committee’ has the meaning given that 
term by section 501 of title 36, United States Code. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the authority of a Federal 
agency to enforce a Federal law with respect to an Inau-
gural Committee.’’. 
(b) CONFIRMING AMENDMENTS RELATED TO RE-
PORTING REQUIREMENTS.— 
(1) Section 304 of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30104) is amended— 
(A) by striking subsection (h); and 
(B) by redesignating subsection (i) as sub-
section (h). 
(2) Section 309(a)(4)(C)(iv)(I) is amended by 
striking ‘‘or (i)’’ and inserting ‘‘or (h)’’. 
(3) Section 313(c)(4) is amended by striking 
‘‘section 
304(i)(8)(B)’’ 
and 
inserting 
‘‘section 
304(h)(8)(B)’’. 
(c) CONFORMING AMENDMENT RELATED TO STATUS 
OF COMMITTEE.—Section 510 of title 36, United States 
Code, is amended to read as follows: 
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‘‘§ 510. Disclosure of and prohibition on certain dona-
tions 
‘‘A committee shall not be considered to be the Inau-
gural Committee for purposes of this chapter unless the 
committee agrees to, and meets, the requirements of sec-
tion 325 of the Federal Election Campaign Act of 1971.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to Inaugural Commit-
tees established under chapter 5 of title 36, United States 
Code, for inaugurations held in 2025 and any succeeding 
year. 
DIVISION 
B—RESTORING 
CHECKS AND BALANCES, AC-
COUNTABILITY, AND TRANS-
PARENCY 
TITLE IV—ENFORCEMENT OF 
CONGRESSIONAL SUBPOENAS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Sub-
poena Compliance and Enforcement Act’’. 
SEC. 402. FINDINGS. 
The Congress finds as follows: 
(1) As the Supreme Court of the United States 
has repeatedly affirmed, including in its July 9, 
2020, holding in Trump v. Mazars, Congress’s 
‘‘power of inquiry—with process to enforce it—is an 
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essential and appropriate auxiliary to the legislative 
function’’. Congress’s power to obtain information, 
including through the issuance of subpoenas and the 
enforcement of such subpoenas, is ‘‘broad and indis-
pensable’’. 
(2) Congress ‘‘suffers a concrete and particular-
ized injury when denied the opportunity to obtain in-
formation necessary’’ to the exercise of its constitu-
tional functions, as the United States Court of Ap-
peals for the District of Columbia Circuit correctly 
recognized in its August 7, 2020, en banc decision 
in Committee on the Judiciary of the U.S. House of 
Representatives v. McGahn. 
(3) Accordingly, the Constitution secures to 
each House of Congress an inherent right to enforce 
its subpoenas in court. Explicit statutory authoriza-
tion is not required to secure such a right of action, 
and the contrary holding by a divided panel of the 
United States Court of Appeals for the District of 
Columbia Circuit in McGahn, entered on August 31, 
2020, was in error. 
SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS. 
(a) IN GENERAL.—Chapter 85 of title 28, United 
States Code, is amended by inserting after section 1365 
the following: 
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‘‘§ 1365a. Congressional actions against subpoena re-
cipients 
‘‘(a) CAUSE OF ACTION.—The Senate, the House of 
Representatives, or a committee or subcommittee thereof, 
may bring a civil action against the recipient of a sub-
poena issued by a congressional committee or sub-
committee to enforce compliance with the subpoena. 
‘‘(b) SPECIAL RULES.—In any civil action described 
in subsection (a), the following rules shall apply: 
‘‘(1) The action may be filed in a United States 
district court of competent jurisdiction. 
‘‘(2) Notwithstanding section 1657(a), it shall 
be the duty of every court of the United States to 
expedite to the greatest possible extent the disposi-
tion of any such action and appeal. Upon a showing 
by the plaintiff of undue delay, other irreparable 
harm, or good cause, a court to which an appeal of 
the action may be taken shall issue any necessary 
and appropriate writs and orders to ensure compli-
ance with this paragraph. 
‘‘(3) If a three-judge court is expressly re-
quested by the plaintiff in the initial pleading, the 
action shall be heard by a three-judge court con-
vened pursuant to section 2284, and shall be review-
able only by appeal directly to the Supreme Court of 
the United States. Such appeal shall be taken by the 
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filing of a notice of appeal within 10 days, and the 
filing of a jurisdictional statement within 30 days, of 
the entry of the final decision. 
‘‘(4) The initial pleading shall be accompanied 
by certification that the party bringing the action 
has in good faith conferred or attempted to confer 
with the recipient of the subpoena to secure compli-
ance with the subpoena without court action. 
‘‘(c) PENALTIES.— 
‘‘(1) CASES
INVOLVING
GOVERNMENT
AGEN-
CIES.— 
‘‘(A) IN GENERAL.—The court may impose 
monetary penalties directly against each head of 
a Government agency and the head of each 
component thereof held to have knowingly failed 
to comply with any part of a congressional sub-
poena, unless— 
‘‘(i) the President instructed the offi-
cial not to comply; and 
‘‘(ii) the President, or the head of the 
agency or component thereof, submits to 
the court a letter confirming such instruc-
tion and the basis for such instruction. 
‘‘(B) PROHIBITION ON USE OF GOVERN-
MENT FUNDS.—No appropriated funds, funds 
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provided from any accounts in the Treasury, 
funds derived from the collection of fees, or 
other Government funds shall be used to pay 
any monetary penalty imposed by the court 
pursuant to this paragraph. 
‘‘(2) LEGAL FEES.—In addition to any other 
penalties or sanctions, the court shall require that 
any defendant, other than a Government agency, 
held to have willfully failed to comply with any part 
of a congressional subpoena, pay a penalty in an 
amount equal to that party’s legal fees, including at-
torney’s fees, litigation expenses, and other costs. If 
such defendant is an officer or employee of a Gov-
ernment agency, such legal fees may be paid from 
funds appropriated to pay the salary of the defend-
ant. 
‘‘(d) WAIVER.—Any ground for noncompliance as-
serted by the recipient of a congressional subpoena shall 
be deemed to have been waived as to any particular infor-
mation withheld from production if the court finds that 
the recipient failed in a timely manner to comply with the 
applicable requirements of section 105(b) of the Revised 
Statutes of the United States with respect to such infor-
mation. 
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‘‘(e) RULES OF PROCEDURE.—The Supreme Court of 
the United States and the Judicial Conference of the 
United States shall prescribe rules of procedure to ensure 
the expeditious treatment of actions described in sub-
section (a). Such rules shall be prescribed and submitted 
to the Congress pursuant to sections 2072, 2073, and 
2074. This shall include procedures for expeditiously con-
sidering any assertion of constitutional or Federal statu-
tory privilege made in connection with testimony by any 
recipient of a subpoena from a congressional committee 
or subcommittee. The Supreme Court shall transmit such 
rules to Congress within 6 months after the effective date 
of this section and then pursuant to section 2074 there-
after. 
‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘Government agency’ means any office or entity de-
scribed in sections 105 and 106 of title 3, an executive 
department listed in section 101 of title 5, an independent 
establishment, commission, board, bureau, division, or of-
fice in the executive branch, or any other agency or instru-
mentality of the Federal Government, including wholly or 
partly owned Government corporations.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 85 of title 28, United States Code, is amended 
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by inserting after the item relating to section 1365 the 
following: 
‘‘1365a. Congressional actions against subpoena recipients.’’. 
SEC. 
404. 
COMPLIANCE 
WITH 
CONGRESSIONAL 
SUB-
POENAS. 
(a) IN GENERAL.—Chapter 7 of title II of the Re-
vised Statutes of the United States (2 U.S.C. 191 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS. 
‘‘(a) SUBPOENA BY CONGRESSIONAL COMMITTEE.— 
Any recipient of any subpoena from a congressional com-
mittee or subcommittee shall appear and testify, produce, 
or otherwise disclose information in a manner consistent 
with the subpoena and this section. 
‘‘(b) FAILURE TO PRODUCE INFORMATION.— 
‘‘(1) GROUNDS
FOR
WITHHOLDING
INFORMA-
TION.—Unless required by the Constitution or by 
Federal statute, no claim of privilege or protection 
from disclosure shall be a ground for withholding in-
formation responsive to the subpoena or required by 
this section. 
‘‘(2) IDENTIFICATION OF INFORMATION WITH-
HELD.—In the case of information that is withheld, 
in whole or in part, by the subpoena recipient, the 
subpoena recipient shall, without delay provide a log 
containing the following: 
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‘‘(A) An express assertion and description 
of the ground asserted for withholding the in-
formation. 
‘‘(B) The type of information. 
‘‘(C) The general subject matter. 
‘‘(D) The date, author, and addressee. 
‘‘(E) The relationship of the author and 
addressee to each other. 
‘‘(F) The custodian of the information. 
‘‘(G) Any other descriptive information 
that may be produced or disclosed regarding 
the information that will enable the congres-
sional committee or subcommittee issuing the 
subpoena to assess the ground asserted for 
withholding the information. 
‘‘(c) DEFINITION.—For purposes of this section the 
term ‘information’ includes any books, papers, documents, 
data, or other objects requested in a subpoena issued by 
a congressional committee or subcommittee.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for chapter 7 of title II of the Revised Statutes of the 
United States is amended by adding at the end the fol-
lowing: 
‘‘105. Response to congressional subpoenas.’’. 
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SEC. 405. RULE OF CONSTRUCTION. 
Nothing in this title may be interpreted to limit or 
constrain Congress’ inherent authority or foreclose any 
other means for enforcing compliance with congressional 
subpoenas, nor may anything in this title be interpreted 
to establish or recognize any ground for noncompliance 
with a congressional subpoena. 
SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION 
FROM CERTAIN COMMITTEES OF CONGRESS. 
Section 2954 of title 5, United States Code, is 
amended— 
(1) by striking ‘‘An Executive’’ and inserting 
‘‘(a) SUBMITTING INFORMATION.—An Executive’’; 
and 
(2) by adding at the end the following: 
‘‘(b) FAILURE TO COMPLY.—For purposes of rem-
edying any failure to comply with a request under sub-
section (a), section 1365a of title 28 and section 105 of 
the Revised Statutes of the United States shall apply to 
such a request in the same manner as such sections 1365a 
and 105 apply to a subpoena.’’. 
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TITLE 
V—REASSERTING 
CON-
GRESSIONAL POWER OF THE 
PURSE 
SEC. 500. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Power 
of the Purse Act’’. 
Subtitle 
A—Strengthening 
Con-
gressional Control and Review 
To Prevent Impoundment 
SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL. 
(a) IN GENERAL.—Part B of the Impoundment Con-
trol Act of 1974 (2 U.S.C. 682 et seq.) is amended by 
adding at the end the following: 
‘‘PRUDENT
OBLIGATION
OF
BUDGET
AUTHORITY
AND 
SPECIFIC
REQUIREMENTS
FOR
EXPIRING
BUDGET 
AUTHORITY 
‘‘SEC. 1018. (a) SPECIAL
MESSAGE
REQUIRE-
MENT.—With respect to budget authority proposed to be 
rescinded or that is set to be reserved or proposed to be 
deferred in a special message transmitted under section 
1012 or 1013, such budget authority— 
‘‘(1) shall be made available for obligation in 
sufficient time to be prudently obligated as required 
under section 1012(b) or 1013; and 
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‘‘(2) may not be deferred or otherwise withheld 
from obligation during the 90-day period before the 
expiration of the period of availability of such budget 
authority, including, if applicable, the 90-day period 
before the expiration of an initial period of avail-
ability for which such budget authority was pro-
vided. 
‘‘(b) ADMINISTRATIVE REQUIREMENT.—With respect 
to an apportionment of an appropriation (as that term is 
defined in section 1511 of title 31, United States Code) 
made pursuant to section 1512 of such title, an appropria-
tion shall be apportioned— 
‘‘(1) to make available all amounts for obliga-
tion in sufficient time to be prudently obligated; and 
‘‘(2) to make available all amounts for obliga-
tion, without precondition (including footnotes) that 
shall be met prior to obligation, not later than 90 
days before the expiration of the period of avail-
ability of such appropriation, including, if applicable, 
90 days before the expiration of an initial period of 
availability for which such appropriation was pro-
vided.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act is amend-
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ed by inserting after the item relating to section 1017 the 
following: 
‘‘1018. Prudent obligation of budget authority and specific requirements for ex-
piring budget authority.’’. 
SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW. 
(a) IN GENERAL.—Part B of the Impoundment Con-
trol Act of 1974 (2 U.S.C. 682 et seq.), as amended by 
section 501(a), is further amended by adding at the end 
the following: 
‘‘REPORTING ON APPORTIONMENT OF APPROPRIATIONS 
BY DEPARTMENTS AND AGENCIES 
‘‘SEC. 1019. Each department or agency shall— 
‘‘(1) notify the Committee on the Budget and 
the Committee on Appropriations of the House of 
Representatives, the Committee on the Budget and 
the Committee on Appropriations of the Senate, and 
any other appropriate congressional committees if— 
‘‘(A) an apportionment is not made in the 
required time period provided in section 
1513(b) of title 31, United States Code; 
‘‘(B) an approved apportionment received 
by the department or agency conditions the 
availability of an appropriation on further ac-
tion; or 
‘‘(C) an approved apportionment received 
by the department or agency may hinder the 
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prudent obligation of such appropriation or the 
execution of a program, project, or activity by 
such department or agency; and 
‘‘(2) include in each notification under para-
graph (1) information identifying the bureau, ac-
count name, appropriation name, and Treasury Ap-
propriation Fund Symbol or fund account.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act, as 
amended by section 501(b), is further amended by insert-
ing after the item relating to section 1018 the following: 
‘‘1019. Reporting on apportionment of appropriations by departments and agen-
cies.’’. 
SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY 
THE COMPTROLLER GENERAL. 
(a) IN GENERAL.—Section 1015 of the Impoundment 
Control Act of 1974 (2 U.S.C. 686) is amended— 
(1) in subsection (a), in the matter following 
paragraph (2), by striking the last sentence; and 
(2) by adding at the end the following: 
‘‘(c) REVIEW.— 
‘‘(1) IN GENERAL.—The Comptroller General 
shall— 
‘‘(A) review compliance with this part; and 
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‘‘(B) submit to the Committee on the 
Budget, the Committee on Appropriations, and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, the Committee 
on the Budget, the Committee on Appropria-
tions, and the Committee on Oversight and Re-
form of the House of Representatives, and any 
other appropriate congressional committee of 
the Senate or the House of Representatives a 
report, and any relevant information related to 
the report, on any noncompliance with this 
part. 
‘‘(2) INFORMATION, 
DOCUMENTATION, 
AND 
VIEWS.—The President or the head of the relevant 
department or agency of the United States shall pro-
vide information, documentation, and views to the 
Comptroller General, as is determined by the Comp-
troller General to be necessary to determine such 
compliance, not later than 20 days after the date on 
which the request from the Comptroller General is 
received, or if the Comptroller General determines 
that a shorter or longer period is appropriate based 
on the specific circumstances, within such shorter or 
longer period. 
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‘‘(3) ACCESS.—To carry out the responsibilities 
of this part, the Comptroller General shall have ac-
cess to interview the officers, employees, contractors, 
and other agents and representatives of a depart-
ment, agency, or office of the United States at any 
reasonable time as the Comptroller General may re-
quest.’’. 
(b) RULE OF CONSTRUCTION.—Section 1001 of the 
Impoundment Control Act of 1974 (2 U.S.C. 681) is 
amended— 
(1) in paragraph (3), by striking the ‘‘or’’ at 
the end of the paragraph; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(5) affecting or limiting in any way the au-
thorities provided to the Comptroller General under 
chapter 7 of title 31, United States Code.’’. 
SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND 
LITIGATION. 
Section 1016 of the Impoundment Control Act of 
1974 (2 U.S.C. 687) is amended to read as follows: 
‘‘SUITS BY COMPTROLLER GENERAL 
‘‘SEC. 1016. (a) IN GENERAL.—If, under this title, 
budget authority is required to be made available for obli-
gation and such budget authority is not made available 
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for obligation or information, documentation, views, or ac-
cess are required to be produced and such information, 
documentation, views, or access are not produced, the 
Comptroller General is expressly empowered, through at-
torneys selected by the Comptroller General, to bring a 
civil action in the United States District Court for the Dis-
trict of Columbia to require such budget authority to be 
made available for obligation or such information, docu-
mentation, views, or access to be produced. 
‘‘(b) COURT AUTHORITY.—In a civil action under 
subsection (a), the court is expressly empowered to enter, 
against any department, agency, officer, or employee of 
the United States, any decree, judgment, or order which 
may be necessary or appropriate to make such budget au-
thority available for obligation or compel production of 
such information, documentation, views, or access. 
‘‘(c) NOTICE.—No civil action shall be brought by the 
Comptroller General to require budget authority be made 
available under this section until the expiration of 15 cal-
endar days following the date on which an explanatory 
statement by the Comptroller General of the cir-
cumstances giving rise to the action contemplated is filed 
with the Speaker of the House of Representatives and the 
President of the Senate, except that expiration of such pe-
riod shall not be required if the Comptroller General finds 
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(and incorporates the finding in the explanatory statement 
filed) that such delay would be contrary to the public in-
terest.’’. 
SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE 
IMPOUNDMENT CONTROL ACT OF 1974. 
(a) IN GENERAL.—Part B of the Impoundment Con-
trol Act of 1974 (2 U.S.C. 682 et seq.), as amended by 
section 502(a), is further amended by adding at the end 
the following: 
‘‘PENALTIES FOR FAILURE TO COMPLY 
‘‘SEC. 1020. (a) ADMINISTRATIVE DISCIPLINE.—An 
officer or employee of the Executive Branch of the United 
States Government violating this part shall be subject to 
appropriate administrative discipline, including, when cir-
cumstances warrant, suspension from duty without pay or 
removal from office. 
‘‘(b) REPORTING VIOLATIONS.— 
‘‘(1) IN GENERAL.—In the event of a violation 
of section 1001, 1012, 1013, or 1018 of this part, 
or in the case that the Comptroller General issues 
a legal decision concluding that a department, agen-
cy, or office of the United States violated this part, 
the President or the head of the relevant department 
or agency as the case may be, shall report imme-
diately to Congress all relevant facts and a state-
ment of actions taken. A copy of each report shall 
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also be transmitted to the Comptroller General and 
the relevant inspector general on the same date the 
report is transmitted to the Congress. 
‘‘(2) CONTENTS.—Any such report shall include 
a summary of the facts pertaining to the violation, 
the title and Treasury Appropriation Fund Symbol 
of the appropriation or fund account, the amount in-
volved for each violation, the date on which the vio-
lation occurred, the position of any individuals re-
sponsible for the violation, a statement of the admin-
istrative discipline imposed and any further action 
taken with respect to any officer or employee in-
volved in the violation, a statement of any additional 
action taken to prevent recurrence of the same type 
of violation, and any written response by any officer 
or employee identified by position as involved in the 
violation. In the case that the Comptroller General 
issues a legal decision concluding that a department, 
agency, or office of the United States violated this 
part and the relevant department, agency, or office 
does not agree that a violation has occurred, the re-
port provided to Congress, the Comptroller General, 
and relevant inspector general will explain the posi-
tion of the department, agency, or office. 
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‘‘(3) OPPORTUNITY TO RESPOND.—If any such 
report identifies the position of any officer or em-
ployee as involved in the violation, such officer or 
employee shall be provided a reasonable opportunity 
to respond in writing, and any such response shall 
be appended to the report.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act, as 
amended by section 502(b), is further amended by insert-
ing after the item relating to section 1019 the following: 
‘‘1020. Penalties for failure to comply.’’. 
Subtitle B—Strengthening 
Transparency and Reporting 
PART 1—FUNDS MANAGEMENT AND REPORTING 
TO THE CONGRESS 
SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESI-
DENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(40) for the budget for each of fiscal years 
2025 through 2029, a report— 
‘‘(A) identifying unobligated expired bal-
ances as of the beginning of the current fiscal 
year and the beginning of each of the preceding 
2 fiscal years by agency and the applicable 
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Treasury Appropriation Fund Symbol or fund 
account; and 
‘‘(B) providing explanation of unobligated 
expired balances in any Treasury Appropriation 
Fund Symbol or fund account that exceed the 
lesser of 5 percent of total appropriations made 
available for that account or $100,000,000.’’. 
SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESI-
DENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 511, is further amended by adding 
at the end the following: 
‘‘(41) for the budget for each of fiscal years 
2025 through 2029, a report— 
‘‘(A) identifying cancelled balances (pursu-
ant to section 1552(a)) for the preceding 3 fis-
cal years by agency and Treasury Appropriation 
Fund Symbol or fund account; 
‘‘(B) providing explanation of cancelled 
balances in any Treasury Appropriation Fund 
Symbol or fund account that exceed the lesser 
of 5 percent of total appropriations made avail-
able for that account or $100,000,000; and 
‘‘(C) including a tabulation, by Treasury 
Appropriation Fund Symbol or fund account 
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and appropriation, of all balances of appropria-
tions available for an indefinite period in an ap-
propriation account available for an indefinite 
period that do not meet the criteria for closure 
under section 1555, but for which either— 
‘‘(i) the head of the agency concerned 
or the President has determined that the 
purposes for which the appropriation was 
made have been carried out; or 
‘‘(ii) no disbursement has been made 
against the appropriation— 
‘‘(I) in the prior year and the 
preceding fiscal year; or 
‘‘(II) in the prior year and which 
the budget estimates zero disburse-
ments in the current year.’’. 
SEC. 513. LAPSE IN APPROPRIATIONS—REPORTING IN THE 
PRESIDENT’S BUDGET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 512, is further amended by adding 
at the end the following: 
‘‘(42) a report— 
‘‘(A) identifying any obligation or expendi-
ture made by a department or agency affected 
in whole or in part by any lapse in appropria-
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tions of 5 consecutive days or more during the 
preceding fiscal year for which amounts were 
not available; and 
‘‘(B) with respect to any such obligation or 
expenditure, providing— 
‘‘(i) the amount so obligated or ex-
pended; 
‘‘(ii) the account affected; 
‘‘(iii) an explanation of the exception 
under subchapter III of chapter 13 or sub-
chapter II of chapter 15 of this title, or 
another legal authority, that permitted the 
department or agency, as the case may be, 
to incur such obligation or expenditure; 
and 
‘‘(iv) an explanation of any change in 
the application of any exception under sub-
chapter III of chapter 13 or subchapter II 
of chapter 15 of this title for a program, 
project, or activity from any explanations 
previously reported on pursuant to this 
paragraph.’’. 
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SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHOR-
ITY REPORTING IN THE PRESIDENT’S BUDG-
ET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 513, is further amended by adding 
at the end the following: 
‘‘(43) for the budget for fiscal year 2025, a re-
port— 
‘‘(A) identifying any transfer authority or 
other authority to repurpose appropriations pro-
vided in a law other than an appropriation act; 
and 
‘‘(B) with respect to any such authority, 
providing the citation to the statute, the list of 
departments or agencies covered, an expla-
nation of when such authority may be used, and 
an explanation on any use of such authority in 
the preceding 3 fiscal years.’’. 
SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE 
ACCOUNTS BY APPROPRIATION. 
(a) IN GENERAL.—Subchapter IV of chapter 15 of 
title 31, United States Code, is amended by inserting after 
section 1555 the following: 
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‘‘§ 1555a. Cancellation of appropriations available for 
indefinite periods within an account 
‘‘Any remaining balance (whether obligated or unobli-
gated) from an appropriation available for an indefinite 
period in an appropriation account available for an indefi-
nite period that does not meet the requirements for closure 
under section 1555 shall be canceled, and thereafter shall 
not be available for obligation or expenditure for any pur-
pose, if— 
‘‘(1) the head of the agency concerned or the 
President determines that the purposes for which 
the appropriation was made have been carried out; 
and 
‘‘(2) no disbursement has been made against 
the appropriation for two consecutive fiscal years.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter IV of chapter 15 of title 31, United States 
Code, is amended by inserting after the item relating to 
section 1555 the following: 
‘‘1555a. Cancellation of appropriations available for indefinite periods within an 
account.’’. 
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PART 2—EMPOWERING CONGRESSIONAL REVIEW 
THROUGH NONPARTISAN CONGRESSIONAL 
AGENCIES AND TRANSPARENCY INITIATIVES 
SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR 
INFORMATION 
FROM 
THE 
COMPTROLLER 
GENERAL FOR BUDGET AND APPROPRIA-
TIONS LAW DECISIONS. 
(a) IN GENERAL.—Subchapter II of chapter 7 of title 
31, United States Code, is amended by adding at the end 
the following: 
‘‘§ 722. Requirement to respond to requests for infor-
mation from the Comptroller General for 
budget and appropriations law decisions 
‘‘(a) If an agency receives a written request for infor-
mation, documentation, or views from the Comptroller 
General relating to a decision or opinion on budget or ap-
propriations law, the agency shall provide the requested 
information, documentation, or views not later than 20 
days after receiving the written request, unless such writ-
ten request specifically provides otherwise. 
‘‘(b) If an agency fails to provide the requested infor-
mation, documentation, or views within the time required 
by subsection (a)— 
‘‘(1) the Comptroller General shall notify, in 
writing, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee 
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on Oversight and Accountability of the House of 
Representatives, and any other appropriate congres-
sional committee of such failure; 
‘‘(2) the Comptroller General is hereby ex-
pressly empowered, through attorneys selected by 
the Comptroller General, to bring a civil action in 
the United States District Court for the District of 
Columbia to require such information, documenta-
tion, or views to be produced; and 
‘‘(3) the court in a civil action brought under 
paragraph (2) is expressly empowered to enter 
against any department, agency, officer, or employee 
of the United States any decree, judgment, or order 
which may be necessary or appropriate to require 
such production. 
‘‘(c) Nothing in this section shall be construed as af-
fecting or otherwise limiting the authorities provided to 
the Comptroller General in section 716 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter II of chapter 7 of title 31, United States 
Code, is amended by inserting after the item relating to 
section 721 the following: 
‘‘722. Requirement to respond to requests for information from the Comptroller 
General for budget and appropriations law decisions.’’. 
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SEC. 
522. 
REPORTING 
REQUIREMENTS 
FOR 
ANTIDEFICIENCY ACT VIOLATIONS. 
(a) VIOLATIONS OF SECTION 1341 OR 1342.—Sec-
tion 1351 of title 31, United States Code, is amended— 
(1) by striking ‘‘If’’ and inserting ‘‘(a) If’’; 
(2) by inserting ‘‘or if the Comptroller General 
determines that an officer or employee of an execu-
tive agency or of the District of Columbia govern-
ment violated section 1341(a) or 1342,’’ before ‘‘the 
head of the agency’’; 
(3) by striking ‘‘the Comptroller General’’ and 
inserting ‘‘the Comptroller General and the Attorney 
General’’; and 
(4) by adding at the end the following: 
‘‘(b) Any such report shall include a statement of the 
provision violated, a summary of the facts pertaining to 
the violation, the title and Treasury Appropriation Fund 
Symbol of the appropriation or fund account, the amount 
involved for each violation, the date on which the violation 
occurred, the position of any officer or employee respon-
sible for the violation, a statement of the administrative 
discipline imposed and any further action taken with re-
spect to any officer or employee involved in the violation, 
a statement of any additional action taken to prevent re-
currence of the same type of violation, a statement of any 
determination that the violation was not knowing and will-
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ful that has been made by the executive agency or the Dis-
trict of Columbia government, and any written response 
by any officer or employee identified by position as in-
volved in the violation. In the case that the Comptroller 
General issues a legal decision concluding that section 
1341(a) or 1342 was violated and the executive agency 
or the District of Columbia government does not agree 
that a violation has occurred, the report provided to the 
President, the Congress, and the Comptroller General will 
explain the position of the executive agency or the District 
of Columbia government.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1517 of 
title 31, United States Code, is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘or if the Comptroller 
General determines that an officer or employee 
of an executive agency or of the District of Co-
lumbia government violated subsection (a),’’ be-
fore ‘‘the head of the executive agency’’; and 
(B) by striking ‘‘the Comptroller General’’ 
and inserting ‘‘the Comptroller General and the 
Attorney General’’; and 
(2) by adding at the end the following: 
‘‘(c) Any such report shall include a statement of the 
provision violated, a summary of the facts pertaining to 
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the violation, the title and Treasury Appropriation Fund 
Symbol of the appropriation or fund account, the amount 
involved for each violation, the date on which the violation 
occurred, the position of any officer or employee respon-
sible for the violation, a statement of the administrative 
discipline imposed and any further action taken with re-
spect to any officer or employee involved in the violation, 
a statement of any additional action taken to prevent re-
currence of the same type of violation, a statement of any 
determination that the violation was not knowing and will-
ful that has been made by the executive agency or the Dis-
trict of Columbia government, and any written response 
by any officer or employee identified by position as in-
volved in the violation. In the case that the Comptroller 
General issues a legal decision concluding that subsection 
(a) was violated and the executive agency or the District 
of Columbia government does not agree that a violation 
has occurred, the report provided to the President, the 
Congress, and the Comptroller General will explain the po-
sition of the executive agency or the District of Columbia 
government.’’. 
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SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CON-
GRESS FOR ANTIDEFICIENCY ACT VIOLA-
TIONS. 
(a) VIOLATIONS OF SECTIONS 1341 OR 1342.—Sec-
tion 1350 of title 31, United States Code, is amended— 
(1) by striking ‘‘An officer’’ and inserting ‘‘(a) 
An officer’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) If an executive agency or the District of Co-
lumbia government reports, under section 1351, a viola-
tion of section 1341(a) or 1342, the Attorney General 
shall promptly review such report and investigate to the 
extent necessary to determine whether there are reason-
able grounds to believe that the responsible officer or em-
ployee knowingly and willfully violated such section 
1341(a) or 1342, as applicable. If the Attorney General 
determines that there are such reasonable grounds, the 
Attorney General diligently shall investigate a criminal 
violation under this section. 
‘‘(2) The Attorney General shall submit to Congress 
and the Comptroller General on or before March 31 of 
each calendar year an annual report detailing separately 
for each executive agency and for the District of Columbia 
government— 
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‘‘(A) the number of reports under section 1351 
transmitted to the President during the preceding 
calendar year; 
‘‘(B) the number of reports reviewed in accord-
ance with paragraph (1) during the preceding cal-
endar year; 
‘‘(C) without identification of any individual of-
ficer or employee, a description of each investigation 
undertaken in accordance with paragraph (1) during 
the preceding calendar year and an explanation of 
the status of any such investigation; and 
‘‘(D) without identification of any individual of-
ficer or employee, an explanation of any update to 
the status of any review or investigation previously 
reported pursuant to this paragraph.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1519 of 
title 31, United States Code, is amended— 
(1) by striking ‘‘An officer’’ and inserting ‘‘(a) 
An officer’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) If an executive agency or the District of Co-
lumbia government reports, under section 1517(b), a vio-
lation of section 1517(a), the Attorney General shall 
promptly review such report and investigate to the extent 
necessary to determine whether there are reasonable 
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grounds to believe that the responsible officer or employee 
knowingly and willfully violated such section 1517(a). If 
the Attorney General determines that there are such rea-
sonable grounds, the Attorney General diligently shall in-
vestigate a criminal violation under this section. 
‘‘(2) The Attorney General shall submit to Congress 
and the Comptroller General on or before March 31 of 
each calendar year an annual report detailing separately 
for each executive agency and for the District of Columbia 
government— 
‘‘(A) the number of reports under section 
1517(b) transmitted to the President during the pre-
ceding calendar year; 
‘‘(B) the number of reports reviewed in accord-
ance with paragraph (1) during the preceding cal-
endar year; 
‘‘(C) without identification of any individual of-
ficer or employee, a description of each investigation 
undertaken in accordance with paragraph (1) during 
the preceding calendar year and an explanation of 
the status of any such investigation; and 
‘‘(D) without identification of any individual of-
ficer or employee, an explanation of any update to 
the status of any review or investigation previously 
reported pursuant to this subsection.’’. 
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SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS 
LAW OPINIONS OF THE DEPARTMENT OF JUS-
TICE OFFICE OF LEGAL COUNSEL. 
(a) SCHEDULE OF PUBLICATION FOR FINAL OLC 
OPINIONS.—Each final OLC opinion shall be made avail-
able on its public website in a manner that is searchable, 
sortable, and downloadable in its entirety as soon as is 
practicable, but— 
(1) not later than 30 days after the opinion is 
issued or updated if such action takes place on or 
after the date of enactment of this Act; 
(2) not later than 1 year after the date of en-
actment of this Act for an opinion issued on or after 
January 20, 1993; 
(3) not later than 2 years after the date of en-
actment of this Act for an opinion issued on or after 
January 20, 1981, and before or on January 19, 
1993; 
(4) not later than 3 years after the date of en-
actment of this Act for an opinion issued on or after 
January 20, 1969, and before or on January 19, 
1981; and 
(5) not later than 4 years after the date of en-
actment of this Act for all other opinions. 
(b) EXCEPTIONS
AND
LIMITATION
ON
PUBLIC 
AVAILABILITY OF FINAL OLC OPINIONS.— 
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(1) IN GENERAL.—A final OLC opinion or part 
thereof may be withheld only to the extent— 
(A) information contained in the opinion 
was— 
(i) specifically authorized to be kept 
secret, under criteria established by an Ex-
ecutive order, in the interest of national 
defense or foreign policy; 
(ii) properly classified, including all 
procedural and marking requirements, pur-
suant to such Executive order; 
(iii) the Attorney General determines 
that the national defense or foreign policy 
interests protected outweigh the public’s 
interest in access to the information; and 
(iv) put through declassification re-
view within the past two years; 
(B) information contained in the opinion 
relates to the appointment of a specific indi-
vidual not confirmed to Federal office; 
(C) information contained in the opinion is 
specifically exempted from disclosure by statute 
(other than sections 552 and 552b of title 5, 
United States Code), if such statute— 
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(i) requires that the material be with-
held in such a manner as to leave no dis-
cretion on the issue; or 
(ii) establishes particular criteria for 
withholding or refers to particular types of 
material to be withheld; 
(D) information in the opinion includes 
trade secrets and commercial or financial infor-
mation obtained from a person and privileged 
or confidential whose disclosure would likely 
cause substantial harm to the competitive posi-
tion of the person from whom the information 
was obtained; 
(E) the President, in his or her sole and 
nondelegable determination, formally and per-
sonally claims in writing that executive privilege 
prevents the release of the information and dis-
closure would cause specific identifiable harm to 
an interest protected by an exception or the dis-
closure is prohibited by law; or 
(F) information in the opinion includes 
personnel and medical files and similar files the 
disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy. 
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(2) DETERMINATION TO WITHHOLD.—Any de-
termination under this subsection to withhold infor-
mation contained in a final OLC opinion shall be 
made by the Attorney General or a designee of the 
Attorney General. The determination shall be— 
(A) in writing; 
(B) made available to the public within the 
same timeframe as is required of a formal OLC 
opinion; 
(C) sufficiently detailed as to inform the 
public of what kind of information is being 
withheld and the reason therefore; and 
(D) effective only for a period of 3 years, 
subject to review and reissuance, with each 
reissuance made available to the public. 
(3) FINAL OPINIONS.—For final OLC opinions 
for which the text is withheld in full or in substan-
tial part, a detailed unclassified summary of the 
opinion shall be made available to the public, in the 
same timeframe as required of the final OLC opin-
ion, that conveys the essence of the opinion, includ-
ing any interpretations of a statute, the Constitu-
tion, or other legal authority. A notation shall be in-
cluded in any published list of final OLC opinions 
regarding the extent of the withholdings. 
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(4) NO LIMITATION ON FREEDOM OF INFORMA-
TION.—Nothing in this subsection shall be construed 
as limiting the availability of information under sec-
tion 552 of title 5, United States Code or construed 
as an exemption under paragraph (3) of subsection 
(b) of such section. 
(5) NO LIMITATION ON RELIEF.—A decision by 
the Attorney General to release or withhold informa-
tion pursuant to this title shall not preclude any ac-
tion or relief conferred by statutory or regulatory re-
gime that empowers any person to request or de-
mand the release of information. 
(6) REASONABLY
SEGREGABLE
PORTIONS
OF 
OPINIONS TO BE PUBLISHED.—Any reasonably seg-
regable portion of an opinion shall be provided after 
withholding of the portions which are exempt under 
this section. The amount of information withheld, 
and the exemption under which the withholding is 
made, shall be indicated on the released portion of 
the opinion, unless including that indication would 
harm an interest protected by the exemption in this 
paragraph under which the withholding is made. If 
technically feasible, the amount of the information 
withheld, and the exemption under which the with-
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holding is made, shall be indicated at the place in 
the opinion where such withholding is made. 
(c) METHOD OF PUBLICATION.—The Attorney Gen-
eral shall publish each final OLC opinion to the extent 
the law permits, including by publishing the opinions on 
a publicly accessible website that— 
(1) with respect to each opinion— 
(A) contains an electronic copy of the opin-
ion, including any transmittal letter associated 
with the opinion, in an open format that is plat-
form independent and that is available to the 
public without restrictions; 
(B) provides the public the ability to re-
trieve an opinion, to the extent practicable, 
through searches based on— 
(i) the title of the opinion; 
(ii) the date of publication or revision; 
or 
(iii) the full text of the opinion; 
(C) identifies the time and date when the 
opinion was required to be published, and when 
the opinion was transmitted for publication; 
and 
(D) provides a permanent means of access-
ing the opinion electronically; 
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(2) includes a means for bulk download of all 
final OLC opinions or a selection of opinions re-
trieved using a text-based search; 
(3) provides free access to the opinions, and 
does not charge a fee, require registration, or impose 
any other limitation in exchange for access to the 
website; and 
(4) is capable of being upgraded as necessary to 
carry out the purposes of this section. 
(d) DEFINITIONS.—In this section: 
(1) OLC OPINION.—The term ‘‘OLC opinion’’ 
means views on a matter of legal interpretation com-
municated by the Office of Legal Counsel of the De-
partment of Justice to any other office or agency, or 
person in an office or agency, in the Executive 
Branch, including any office in the Department of 
Justice, the White House, or the Executive Office of 
the President, and rendered in accordance with sec-
tions 511–513 of title 28, United States Code, and 
relating to— 
(A) subtitle II, III, V, or VI of title 31, 
United States Code; 
(B) the Balanced Budget and Emergency 
Deficit Control Act of 1985; 
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(C) the Congressional Budget and Im-
poundment Control Act of 1974; or 
(D) any appropriations Act, continuing 
resolution, or other provision of law providing 
or governing appropriations or budget author-
ity. 
(2) FINAL
OLC
OPINION.—The term ‘‘final 
OLC opinion’’ means an OLC opinion that— 
(A) the Attorney General, Assistant Attor-
ney General for the Office of Legal Counsel, or 
a Deputy Assistant Attorney General for the 
Office of Legal Counsel, has determined is 
final; or 
(B) is cited in another Office of Legal 
Counsel opinion. 
SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION 
FROM MEMBERS OF CONGRESS. 
Section 552(d) of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’), is 
amended, in the second sentence, by inserting ‘‘or any 
Member of Congress’’ before the period at the end. 
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Subtitle 
C—Strengthening 
Con-
gressional Role in and Over-
sight of Emergency Declarations 
and Designations 
SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE 
OF THE NATIONAL EMERGENCIES ACT. 
(a) REQUIREMENTS RELATING
TO DECLARATION 
AND RENEWAL OF NATIONAL EMERGENCIES.—Title II of 
the National Emergencies Act (50 U.S.C. 1621 et seq.) 
is amended by striking sections 201 and 202 and inserting 
the following: 
‘‘SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES. 
‘‘(a) AUTHORITY TO DECLARE NATIONAL EMER-
GENCIES.—With respect to Acts of Congress authorizing 
the exercise, during the period of a national emergency, 
of any special or extraordinary power, the President is au-
thorized to declare such a national emergency by procla-
mation. Such proclamation shall immediately be trans-
mitted to Congress and published in the Federal Register. 
‘‘(b) SPECIFICATION OF PROVISIONS OF LAW TO BE 
EXERCISED AND REPORTING.—No powers or authorities 
made available by statute for use during the period of a 
national emergency shall be exercised unless and until the 
President specifies the provisions of law under which the 
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President proposes that the President or other officers will 
act in— 
‘‘(1) a proclamation declaring a national emer-
gency under subsection (a); or 
‘‘(2) one or more Executive orders relating to 
the emergency published in the Federal Register and 
transmitted to Congress. 
‘‘(c) PROHIBITION
ON SUBSEQUENT ACTIONS
IF 
EMERGENCIES NOT APPROVED.— 
‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a national emergency before the 
expiration of the period described in section 202(a), 
or with respect to a national emergency proposed to 
be renewed under section 202(b), the President may 
not, during the remainder of the term of office of 
that President, declare a subsequent national emer-
gency under subsection (a) with respect to substan-
tially the same circumstances. 
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint 
resolution of approval is not enacted under section 
203 with respect to a power or authority specified by 
the President under subsection (b) with respect to a 
national emergency, the President may not, during 
the remainder of the term of office of that Presi-
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dent, exercise that power or authority with respect 
to that emergency. 
‘‘(d) EFFECT OF FUTURE LAWS.—No law enacted 
after the date of the enactment of the Congressional 
Power of the Purse Act shall supersede this title unless 
it does so in specific terms, referring to this title, and de-
claring that the new law supersedes the provisions of this 
title. 
‘‘(e) LIMITATIONS.— 
‘‘(1) IN GENERAL.—Any emergency powers in-
voked by the President pursuant to a national emer-
gency declared under this section shall relate to the 
nature of, and may be used only to address, that 
emergency. 
‘‘(2) AUTHORIZATION
OR
FUNDING
WITH-
HELD.—No authority available to the President dur-
ing a national emergency declared under this section 
may be used to provide authorization or funding for 
any program, project, or activity for which Congress, 
on or after the date of the events giving rise to the 
emergency declaration, has withheld authorization or 
funding. 
‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-
GENCIES. 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 
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‘‘(1) IN
GENERAL.—Unless previously termi-
nated pursuant to a proclamation of the President 
or an Act of Congress under subsection (c), a dec-
laration of a national emergency shall remain in ef-
fect for 20 session days, in the case of the Senate, 
and 20 legislative days, in the case of the House, 
from the issuance of the proclamation under section 
201(a) (not counting the day on which the proclama-
tion was issued) and shall terminate when that pe-
riod expires unless there is enacted into law a joint 
resolution of approval under section 203 with re-
spect to the proclamation. 
‘‘(2) EXERCISE
OF
POWERS
AND
AUTHORI-
TIES.—Unless the declaration of national emergency 
has been terminated pursuant to a proclamation of 
the President or an Act of Congress under sub-
section (c), any emergency power or authority made 
available under a provision of law specified pursuant 
to section 201(b) may be exercised pursuant to a 
declaration of a national emergency for 20 session 
days, in the case of the Senate, and 20 legislative 
days, in the case of the House, from the issuance of 
the proclamation or Executive order (not counting 
the day on which such proclamation or Executive 
order was issued). That power or authority may not 
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be exercised after that period expires unless there is 
enacted into law a joint resolution of approval under 
section 203 approving— 
‘‘(A) the proclamation of the national 
emergency or the Executive order; and 
‘‘(B) the exercise of the power or authority 
specified by the President in such proclamation 
or Executive order. 
‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.—A na-
tional emergency declared by the President under section 
201(a) or previously renewed under this subsection, and 
not already terminated pursuant to subsection (a) or (c), 
shall terminate on the date that is one year after the 
President transmitted to Congress the proclamation de-
claring the emergency or the enactment of a previous re-
newal pursuant to this subsection, unless— 
‘‘(1) the President publishes in the Federal 
Register and transmits to Congress an Executive 
order renewing the emergency; and 
‘‘(2) there is enacted into law a joint resolution 
of approval renewing the emergency pursuant to sec-
tion 203 before the termination of the emergency or 
previous renewal of the emergency. 
‘‘(c) TERMINATION OF NATIONAL EMERGENCIES.— 
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‘‘(1) IN
GENERAL.—Any national emergency 
declared by the President under section 201(a) shall 
terminate on the earliest of— 
‘‘(A) the date provided for in subsection 
(a); 
‘‘(B) the date provided for in subsection 
(b); 
‘‘(C) the date specified in an Act of Con-
gress, including a joint resolution of termi-
nation under section 203, terminating the emer-
gency; or 
‘‘(D) the date specified in a proclamation 
of the President terminating the emergency. 
‘‘(2) EFFECT OF TERMINATION.—Effective on 
the date of the termination of a national emergency 
under paragraph (1)— 
‘‘(A) any powers or authorities exercised 
by reason of the emergency shall cease to be ex-
ercised; 
‘‘(B) 
any 
amounts 
reprogrammed, 
repurposed, or transferred under any provision 
of law with respect to the emergency that re-
main unobligated on that date shall be returned 
and made available for the purpose for which 
such amounts were appropriated; and 
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‘‘(C) any contracts entered into under any 
provision of law relating to the emergency shall 
be terminated. 
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMER-
GENCIES. 
‘‘(a) JOINT RESOLUTION OF APPROVAL DEFINED.— 
In this section, the term ‘joint resolution of approval’ 
means a joint resolution that does not have a preamble 
and that contains only the following provisions after its 
resolving clause: 
‘‘(1) A provision approving one or more— 
‘‘(A) 
proclamations 
declaring 
national 
emergencies under section 201(a); 
‘‘(B) Executive orders issued under section 
201(b)(2); or 
‘‘(C) Executive orders issued under section 
202(b). 
‘‘(2) A provision approving a list of all or a por-
tion of the provisions of law specified by the Presi-
dent under section 201(b) in the proclamations or 
Executive orders that are the subject of the joint 
resolution. 
‘‘(b) JOINT RESOLUTION
OF TERMINATION DE-
FINED.—In this section, the term ‘joint resolution of ter-
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mination’ means a resolution introduced in the House or 
Senate to terminate— 
‘‘(1) a national emergency declared under sec-
tion 201; or 
‘‘(2) the exercise of any authorities pursuant to 
that emergency. 
‘‘(c) PROCEDURES FOR CONSIDERATION OF JOINT 
RESOLUTIONS OF APPROVAL AND JOINT RESOLUTIONS 
OF TERMINATION.— 
‘‘(1) 
INTRODUCTION.—After 
the 
President 
transmits to Congress a proclamation declaring a 
national emergency under section 201(a), or an Ex-
ecutive order specifying emergency powers or au-
thorities under section 201(b)(2) or renewing a na-
tional emergency under section 202(b), a joint reso-
lution of approval or joint resolution of termination 
may be introduced in either House of Congress by 
any member of that House. 
‘‘(2) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) COMMITTEE REFERRAL.—A joint res-
olution of approval or joint resolution of termi-
nation shall be referred to the appropriate com-
mittee or committees. 
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‘‘(B) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution of ap-
proval or joint resolution of termination has 
been referred has not reported it at the end of 
10 calendar days after its introduction, that 
committee shall be discharged from further con-
sideration of the resolution and it shall be 
placed on the calendar. 
‘‘(C) PROCEEDING TO CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, when a committee to which 
a joint resolution of approval or joint resolution 
of termination is referred has reported the reso-
lution, or when that committee is discharged 
under subparagraph (B) from further consider-
ation of the resolution, it is at any time there-
after in order to move to proceed to the consid-
eration of the joint resolution, and all points of 
order against the joint resolution (and against 
the motion to proceed to the consideration of 
the joint resolution) are waived. The motion to 
proceed shall be debatable for 4 hours evenly 
divided between proponents and opponents of 
the joint resolution of approval or joint resolu-
tion of termination. The motion is not subject 
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to amendment, or to a motion to postpone, or 
to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote 
by which the motion is agreed to or disagreed 
to shall not be in order. If a motion to proceed 
to the consideration of a joint resolution of ap-
proval or joint resolution of termination is 
agreed to, the joint resolution shall remain the 
unfinished business of the Senate until disposed 
of. 
‘‘(D) 
FLOOR
CONSIDERATION.—There 
shall be 10 hours of consideration on a joint 
resolution of approval or joint resolution of ter-
mination, to be divided evenly between the pro-
ponents and opponents of the joint resolution. 
Of that 10 hours, there shall be a total of 2 
hours of debate on any debatable motions in 
connection with the joint resolution, to be di-
vided evenly between the proponents and oppo-
nents of the joint resolution. 
‘‘(E) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval or joint resolution of termi-
nation in the Senate. 
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‘‘(F) MOTION TO RECONSIDER VOTE ON 
PASSAGE.—A motion to reconsider a vote on 
passage of a joint resolution of approval or joint 
resolution of termination shall not be in order. 
‘‘(G) APPEALS.—Points of order and ap-
peals from the decision of the Presiding Officer 
shall be decided without debate. 
‘‘(3) CONSIDERATION
IN
HOUSE
OF
REP-
RESENTATIVES.—In the House of Representatives, 
the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If any 
committee to which a joint resolution of ap-
proval or joint resolution of termination has 
been referred has not reported it to the House 
within seven legislative days after the date of 
referral such committee shall be discharged 
from further consideration of the joint resolu-
tion. 
‘‘(B)(i) 
PROCEEDING
TO
CONSIDER-
ATION.—Beginning on the third legislative day 
after each committee to which a joint resolution 
of approval or joint resolution of termination 
has been referred reports it to the House or has 
been discharged from further consideration 
thereof, it shall be in order to move to proceed 
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to consider the joint resolution of approval or 
joint resolution of termination in the House. All 
points of order against the motion are waived. 
Such a motion shall not be in order after the 
House has disposed of another motion to pro-
ceed on the joint resolution of approval or joint 
resolution of termination. The previous question 
shall be considered as ordered on the motion to 
its adoption without intervening motion. The 
motion shall not be debatable. A motion to re-
consider the vote by which the motion is dis-
posed of shall not be in order. 
‘‘(ii) MOTION.—A motion to proceed to the 
consideration of a joint resolution of approval of 
an Executive order described in subsection 
(a)(1) or a list described in subsection (a)(2) 
shall not be in order before the enactment of a 
joint resolution of approval of the proclamation 
described in subsection (a)(1) that is the sub-
ject of such Executive order or list. 
‘‘(C) CONSIDERATION.—The joint resolu-
tion of approval or joint resolution of termi-
nation shall be considered as read. All points of 
order against the joint resolution of approval or 
joint resolution of termination and against its 
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consideration are waived. The previous question 
shall be considered as ordered on the joint reso-
lution of approval or joint resolution of termi-
nation to final passage without intervening mo-
tion except two hours of debate equally divided 
and controlled by the sponsor of the joint reso-
lution of approval or joint resolution of termi-
nation (or a designee) and an opponent. A mo-
tion to reconsider the vote on passage of the 
joint resolution of approval or joint resolution 
of termination shall not be in order. 
‘‘(4) COORDINATION WITH ACTION BY OTHER 
HOUSE.— 
‘‘(A) IN GENERAL.—If, before the passage 
by one House of a joint resolution of approval 
or joint resolution of termination of that House, 
that House receives from the other House a 
joint resolution of approval or joint resolution 
of termination with regard to the same procla-
mation or Executive order, then the following 
procedures shall apply: 
‘‘(i) The joint resolution of approval 
or joint resolution of termination of the 
other House shall not be referred to a com-
mittee. 
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‘‘(ii) With respect to a joint resolution 
of approval or joint resolution of termi-
nation of the House receiving the joint res-
olution— 
‘‘(I) the procedure in that House 
shall be the same as if no joint resolu-
tion of approval or joint resolution of 
termination had been received from 
the other House; but 
‘‘(II) the vote on passage shall be 
on the joint resolution of approval or 
joint resolution of termination of the 
other House. 
‘‘(iii) Upon the failure of passage of 
the joint resolution of approval or joint 
resolution of termination of the other 
House, the question shall immediately 
occur on passage of the joint resolution of 
approval or joint resolution of termination 
of the receiving House. 
‘‘(B) TREATMENT
OF
LEGISLATION
OF 
OTHER HOUSE.—If one House fails to introduce 
a joint resolution of approval or joint resolution 
of termination under this section, the joint reso-
lution of approval or joint resolution of termi-
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nation of the other House shall be entitled to 
expedited floor procedures under this section. 
‘‘(C) APPLICATION
TO
REVENUE
MEAS-
URES.—The provisions of this paragraph shall 
not apply in the House of Representatives to a 
joint resolution of approval or joint resolution 
of termination that is a revenue measure. 
‘‘(5) TREATMENT OF VETO MESSAGE.—Debate 
on a veto message in the Senate under this section 
shall be 1 hour evenly divided between the majority 
and minority leaders or their designees. 
‘‘(d) RULE OF CONSTRUCTION.—The enactment of a 
joint resolution of approval or joint resolution of termi-
nation under this section shall not be interpreted to serve 
as a grant or modification by Congress of statutory au-
thority for the emergency powers of the President. 
‘‘(e) RULES OF THE HOUSE AND SENATE.—This sec-
tion is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such is deemed a part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in the House 
in the case of joint resolutions described in this sec-
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tion, and supersedes other rules only to the extent 
that it is inconsistent with such other rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMER-
GENCIES INVOKING INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT. 
‘‘(a) IN GENERAL.—In the case of a national emer-
gency described in subsection (b), the provisions of the 
National Emergencies Act, as in effect on the day before 
the date of the enactment of the Congressional Power of 
the Purse Act, shall continue to apply on and after such 
date of enactment. 
‘‘(b) NATIONAL EMERGENCY DESCRIBED.— 
‘‘(1) IN GENERAL.—A national emergency de-
scribed in this subsection is a national emergency 
pursuant to which the President proposes to exercise 
emergency powers or authorities made available 
under the International Emergency Economic Pow-
ers Act (50 U.S.C. 1701 et seq.), supplemented as 
necessary by a provision of law specified in para-
graph (2). 
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‘‘(2) PROVISIONS
OF
LAW
SPECIFIED.—The 
provisions of law specified in this paragraph are— 
‘‘(A) the United Nations Participation Act 
of 1945 (22 U.S.C. 287 et seq.); 
‘‘(B) section 212(f) of the Immigration 
and Nationality Act (8 U.S.C. 1182(f)); or 
‘‘(C) any provision of law that authorizes 
the implementation, imposition, or enforcement 
of economic sanctions with respect to a foreign 
country. 
‘‘(c) EFFECT
OF ADDITIONAL POWERS
AND AU-
THORITIES.—Subsection (a) shall not apply to a national 
emergency or the exercise of emergency powers and au-
thorities pursuant to the national emergency if, in addition 
to the exercise of emergency powers and authorities de-
scribed in subsection (b), the President proposes to exer-
cise, pursuant to the national emergency, any emergency 
powers and authorities under any other provision of law.’’. 
(b) REPORTING REQUIREMENTS.—Section 401 of the 
National Emergencies Act (50 U.S.C. 1641) is amended 
by adding at the end the following: 
‘‘(d) REPORT
ON EMERGENCIES.—The President 
shall transmit to Congress, with any proclamation declar-
ing a national emergency under section 201(a) or any Ex-
ecutive order specifying emergency powers or authorities 
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under section 201(b)(2) or renewing a national emergency 
under section 202(b), a report, in writing, that includes 
the following: 
‘‘(1) A description of the circumstances necessi-
tating the declaration of a national emergency, the 
renewal of such an emergency, or the use of a new 
emergency power or authority specified in the Exec-
utive order, as the case may be. 
‘‘(2) The estimated duration of the national 
emergency, or a statement that the duration of the 
national emergency cannot reasonably be estimated 
at the time of transmission of the report. 
‘‘(3) A summary of the actions the President or 
other officers intend to take, including any re-
programming or transfer of funds and any contracts 
anticipated to be entered into, and the statutory au-
thorities the President and such officers expect to 
rely on in addressing the national emergency. 
‘‘(4) In the case of a renewal of a national 
emergency, a summary of the actions the President 
or other officers have taken in the preceding one- 
year period, including any reprogramming or trans-
fer of funds, to address the emergency. 
‘‘(e) PROVISION OF INFORMATION TO CONGRESS.— 
The President shall provide to Congress such other infor-
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mation as Congress may request in connection with any 
national emergency in effect under title II. 
‘‘(f) PERIODIC REPORTS
ON STATUS
OF EMER-
GENCIES.—If the President declares a national emergency 
under section 201(a), the President shall, not less fre-
quently than every 90 days for the duration of the emer-
gency, report to Congress on the status of the emergency 
and the actions the President or other officers have taken 
and authorities the President and such officers have relied 
on in addressing the emergency.’’. 
(c) EXCLUSION OF IMPOSITION OF DUTIES AND IM-
PORT
QUOTAS
FROM
PRESIDENTIAL
AUTHORITIES 
UNDER INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT.—Section 203 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) The authority granted to the President by 
this section does not include the authority to impose duties 
or tariff-rate quotas or (subject to paragraph (2)) other 
quotas on articles entering the United States. 
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‘‘(2) The limitation under paragraph (1) does not 
prohibit the President from excluding all articles imported 
from a country from entering the United States.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) NATIONAL EMERGENCIES ACT.—Title III of 
the National Emergencies Act (50 U.S.C. 1631) is 
repealed. 
(2) INTERNATIONAL
EMERGENCY
ECONOMIC 
POWERS
ACT.—Section 207 of the International 
Emergency Economic Powers Act (50 U.S.C. 1706) 
is amended by adding at the end the following: 
‘‘(c) In this section, the term ‘National Emergencies 
Act’ means the National Emergencies Act, as in effect on 
the day before the date of the enactment of the Congres-
sional Power of the Purse Act.’’. 
(e) EFFECTIVE DATE; APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section and the amendments made by 
this section shall take effect on the date of the en-
actment of this Act and apply with respect to na-
tional emergencies declared under section 201 of the 
National Emergencies Act on or after that date. 
(2) APPLICABILITY TO RENEWALS OF EXISTING 
EMERGENCIES.—When a national emergency de-
clared under section 201 of the National Emer-
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gencies Act before the date of the enactment of this 
Act would expire or be renewed under section 202(d) 
of that Act (as in effect on the day before such date 
of enactment), that national emergency shall be sub-
ject to the requirements for renewal under section 
202(b) of that Act, as amended by subsection (a). 
SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION 
SPENDING REPORTING IN THE PRESIDENT’S 
BUDGET. 
Section 1105(a) of title 31, United States Code, as 
amended by section 514, is further amended by adding 
at the end the following: 
‘‘(44)(A) a report on the proposed, planned, 
and actual obligations and expenditures of funds (for 
the prior fiscal year, the current fiscal year, and the 
fiscal years for which the budget is submitted) at-
tributable to the exercise of powers and authorities 
made available by statute for each national emer-
gency declared by the President, currently active or 
in effect during the applicable fiscal years. 
‘‘(B) Obligations and expenditures contained in 
the report under subparagraph (A) shall be orga-
nized by Treasury Appropriation Fund Symbol or 
fund account and by program, project, and activity, 
and include— 
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‘‘(i) a description of each such program, 
project, and activity; 
‘‘(ii) the authorities under which such 
funding actions are taken; and 
‘‘(iii) the purpose and progress of such ob-
ligations and expenditures toward addressing 
the applicable national emergency. 
‘‘(C) Such report shall include, with respect to 
any transfer, reprogramming, or repurposing of 
funds to address the applicable national emer-
gency— 
‘‘(i) the amount of such transfer, re-
programming, or repurposing; 
‘‘(ii) the authority authorizing each such 
transfer, reprogramming, or repurposing; and 
‘‘(iii) a description of programs, projects, 
and activities affected by such transfer, re-
programming, or repurposing, including by a 
reduction in funding.’’. 
SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL 
EMERGENCY ACTION DOCUMENTS. 
(a) IN GENERAL.—Not later than 30 days after the 
conclusion of the process for approval, adoption, or revi-
sion of any presidential emergency action document, the 
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President shall submit that document to the appropriate 
congressional committees. 
(b) DOCUMENTS IN EXISTENCE BEFORE DATE OF 
ENACTMENT.—Not later than 15 days after the date of 
the enactment of this Act, the President shall submit to 
the appropriate congressional committees all presidential 
emergency action documents in existence before such date 
of enactment. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’, with respect to a presidential emergency 
action document submitted under subsection (a) or 
(b), means— 
(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
the Judiciary, and the Select Committee on In-
telligence of the Senate; 
(B) the Committee on Oversight and Ac-
countability, the Committee on the Judiciary, 
and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and 
(C) any other committee of the Senate or 
the House of Representatives with jurisdiction 
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over the subject matter addressed in the presi-
dential emergency action document. 
(2) PRESIDENTIAL EMERGENCY ACTION DOCU-
MENT.—The term ‘‘presidential emergency action 
document’’ refers to— 
(A) each of the approximately 56 docu-
ments described as presidential emergency ac-
tion documents in the budget justification mate-
rials for the Office of Legal Counsel of the De-
partment of Justice submitted to Congress in 
support of the budget of the President for fiscal 
year 2018; and 
(B) any other pre-coordinated legal docu-
ment in existence before, on, or after the date 
of the enactment of this Act, that— 
(i) is designated as a presidential 
emergency action document; or 
(ii) is designed to implement a presi-
dential decision or transmit a presidential 
request when an emergency disrupts nor-
mal governmental or legislative processes. 
SEC. 534. CONGRESSIONAL DESIGNATIONS. 
Section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)(A)) is amended— 
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(1) in clause (i), by striking ‘‘and the President 
subsequently so designates’’; and 
(2) in clause (ii), by striking ‘‘and the President 
subsequently so designates’’. 
TITLE VI—SECURITY FROM PO-
LITICAL 
INTERFERENCE 
IN 
JUSTICE 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Security From Polit-
ical Interference in Justice Act of 2023’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) COMMUNICATIONS LOG.—The term ‘‘com-
munications log’’ means the log required to be main-
tained under section 603(a). 
(2) COVERED COMMUNICATION.— 
(A) IN
GENERAL.—The term ‘‘covered 
communication’’ means any communication re-
lating to any contemplated or ongoing investiga-
tion or litigation conducted by the Department 
of Justice in any civil or criminal matter (re-
gardless of whether a civil action or criminal in-
dictment or information has been filed); and 
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(B) EXCEPTIONS.—The term ‘‘covered 
communication’’ does not include a communica-
tion that is any of the following: 
(i) A communication that involves 
contact between the President, the Vice 
President, the Counsel to the President, or 
the Principal Deputy Counsel to the Presi-
dent, and the Attorney General, the Dep-
uty Attorney General, or the Associate At-
torney General, except to the extent that 
the 
communication 
concerns 
a 
con-
templated or ongoing investigation or liti-
gation in which a target or subject is one 
of the following: 
(I) The President, the Vice Presi-
dent, or a member of the immediate 
family of the President or Vice Presi-
dent. 
(II) Any individual working in 
the Executive Office of the President 
who is compensated at a rate of pay 
at or above level II of the Executive 
Schedule under section 5313 of title 
5, United States Code. 
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(III) The current or former chair 
or treasurer of any national campaign 
committee that sought the election or 
seeks the reelection of the President, 
or any officer of such a committee ex-
ercising authority at the national 
level, during the tenure in office of the 
President. 
(ii) A communication that involves 
contact between an officer or employee of 
the Department of Justice and an officer 
or employee of the Executive Office of the 
President on a particular matter, if any of 
the President, the Vice President, the 
Counsel to the President, or the Principal 
Deputy Counsel to the President, and if 
any of the Attorney General, the Deputy 
Attorney General, or the Associate Attor-
ney General, have designated a subordinate 
to carry on such contact, and the person so 
designating monitors all subsequent com-
munications and the person designated 
keeps the designating person informed of 
each such communication, except to the ex-
tent that the communication concerns a 
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contemplated or ongoing investigation or 
litigation in which a target or subject is 
one of the following: 
(I) The President, the Vice Presi-
dent, or a member of the immediate 
family of the President or Vice Presi-
dent. 
(II) Any individual working in 
the Executive Office of the President 
who is compensated at a rate of pay 
at or above level II of the Executive 
Schedule under section 5313 of title 
5, United States Code. 
(III) The current or former chair 
or treasurer of any national campaign 
committee that sought the election or 
seeks the reelection of the President, 
or any officer of such a committee ex-
ercising authority at the national 
level, during the tenure in office of the 
President. 
(iii) A communication that involves 
contact from or to the Deputy Counsel to 
the President for National Security Af-
fairs, the staff of the National Security 
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100 
Council, or the staff of the Homeland Se-
curity Council that relates to a national se-
curity matter, except to the extent that the 
communication concerns a pending civil or 
criminal action that may have national se-
curity implications. 
(iv) A communication that involves 
contact between the Office of the Pardon 
Attorney of the Department of Justice and 
the Counsel to the President or a Deputy 
Counsel to the President relating to par-
don matters. 
(v) A communication that relates sole-
ly to policy, appointments, legislation, rule-
making, budgets, public relations or af-
fairs, programmatic matters, intergovern-
mental relations, administrative or per-
sonnel matters, appellate litigation, or re-
quests for legal advice. 
(3) IMMEDIATE FAMILY OF THE PRESIDENT OR 
VICE PRESIDENT.—The term ‘‘immediate family of 
the President or Vice President’’ means the persons 
to whom the President or Vice President— 
(A) is related by blood, marriage, or adop-
tion; or 
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101 
(B) stands in loco parentis. 
SEC. 603. COMMUNICATIONS LOGS. 
(a) IN GENERAL.—The Attorney General shall main-
tain a log of covered communications. 
(b) CONTENTS.—A communications log shall include, 
with respect to a covered communication— 
(1) the name and title of each officer or em-
ployee of the Department of Justice or the Executive 
Office of the President who participated in the cov-
ered communication; 
(2) the topic of the covered communication; and 
(3) a statement describing the purpose and ne-
cessity of the covered communication. 
(c) OVERSIGHT.— 
(1) PERIODIC DISCLOSURE OF LOGS.—Not later 
than January 30, April 30, July 30, and October 30 
of each year, the Attorney General shall submit to 
the Office of the Inspector General of the Depart-
ment of Justice a report containing the communica-
tions log for the 3-month period preceding that Jan-
uary, April, July, or October. 
(2) NOTICE OF INAPPROPRIATE OR IMPROPER 
COMMUNICATIONS.—The Office of the Inspector 
General of the Department of Justice shall— 
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102 
(A) review each communications log re-
ceived under paragraph (1); and 
(B) notify the Committee on the Judiciary 
of the Senate and the Committee on the Judici-
ary of the House of Representatives if the In-
spector General determines that a covered com-
munication described in the communications 
log— 
(i) is inappropriate from a law en-
forcement perspective; or 
(ii) raises concerns about improper 
political interference. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the valid written assertion 
by the President of presidential communications privilege 
with regard to any material required to be submitted 
under this section. 
SEC. 604. RULE OF CONSTRUCTION. 
Nothing in this title may be construed to affect any 
requirement to report pursuant to title I of this Act or 
the amendments made by that title. 
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103 
TITLE VII—PROTECTING 
WHISTLEBLOWERS 
Subtitle A—Whistleblower 
Protection Improvement 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Whistleblower Protec-
tion Improvement Act of 2023’’. 
SEC. 702. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 
(a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) by redesignating clause (xii) as clause 
(xiii); and 
(C) by inserting after the clause (xi) the 
following: 
‘‘(xii) for purposes of subsection 
(b)(8)— 
‘‘(I) the commencement, expan-
sion, or extension of an investigation, 
but not including any investigation 
that is ministerial or nondiscretionary 
(including a ministerial or nondis-
cretionary investigation described in 
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104 
section 1213) or any investigation 
that is conducted by an Inspector 
General of an entity of the Govern-
ment of an employee not employed by 
the office of that Inspector General; 
and 
‘‘(II) a referral to an Inspector 
General of an entity of the Govern-
ment, except for a referral that is 
ministerial or nondiscretionary; and’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any investigation com-
menced, expanded, or extended, or to any referral 
made, as described in clause (xii) of section 
2302(a)(2)(A) of title 5, United States Code, as 
amended by such paragraph, on or after the date of 
enactment of this Act. 
(b) RIGHT TO PETITION CONGRESS.— 
(1) IN GENERAL.—Section 2302(b)(9) of title 
5, United States Code, is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by adding ‘‘or’’ 
after the semicolon at the end; and 
(C) by adding at the end the following: 
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‘‘(E) the exercise of any right protected 
under section 7211;’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to the exercise of any 
right described in subparagraph (E) of section 
2302(b)(9) of title 5, United States Code, as added 
by that paragraph, occurring on or after the date of 
enactment of this Act. 
(c) PROHIBITION
ON DISCLOSURE
OF WHISTLE-
BLOWER IDENTITY.— 
(1) IN
GENERAL.—Section 2302 of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g)(1) No employee of an agency may willfully com-
municate or transmit to any individual who is not an offi-
cer or employee of the Government the identity of, or per-
sonally identifiable information about, any other employee 
because that other employee has made, or is suspected to 
have made, a disclosure protected by subsection (b)(8), 
unless— 
‘‘(A) the other employee provides express writ-
ten consent prior to the communication or trans-
mission of their identity or personally identifiable in-
formation; 
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‘‘(B) the communication or transmission is 
made in accordance with the provisions of section 
552a; 
‘‘(C) the communication or transmission is 
made to a lawyer for the sole purpose of providing 
legal advice to an employee accused of whistleblower 
retaliation; or 
‘‘(D) the communication or transmission is re-
quired or permitted by any other provision of law. 
‘‘(2) In this subsection, the term ‘officer or employee 
of the Government’ means— 
‘‘(A) the President; 
‘‘(B) a Member of Congress; 
‘‘(C) a member of the uniformed services; 
‘‘(D) an employee, as that term is defined in 
section 2105, including an employee of the United 
States Postal Service, the Postal Regulatory Com-
mission, or the Department of Veterans Affairs (in-
cluding any employee appointed pursuant to chapter 
73 or 74 of title 38); and 
‘‘(E) any other officer or employee in any 
branch of the Government of the United States.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any transmission or 
communication described in subsection (g) of section 
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2302 of title 5, United States Code, as added by 
paragraph (1), made on or after the date of enact-
ment of this Act. 
(d) RIGHT TO PETITION CONGRESS.— 
(1) IN
GENERAL.—Section 7211 of title 5, 
United States Code, is amended to read as follows: 
‘‘§ 7211. Employees’ right to petition or furnish infor-
mation or respond to Congress 
‘‘(a) IN GENERAL.—Each officer or employee of the 
Federal Government, individually or collectively, has a 
right to— 
‘‘(1) petition Congress or a Member of Con-
gress; 
‘‘(2) furnish information, documents, or testi-
mony to either House of Congress, any Member of 
Congress, or any committee or subcommittee of Con-
gress; or 
‘‘(3) respond to any request for information, 
documents, or testimony from either House of Con-
gress or any Committee or subcommittee of Con-
gress. 
‘‘(b) PROHIBITED ACTIONS.—No officer or employee 
of the Federal Government may interfere with or deny the 
right set forth in subsection (a), including by— 
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‘‘(1) prohibiting or preventing, or attempting or 
threatening to prohibit or prevent, any other officer 
or employee of the Federal Government from engag-
ing in activity protected under subsection (a); or 
‘‘(2) removing, suspending from duty without 
pay, demoting, reducing in rank, seniority, status, 
pay, or performance or efficiency rating, denying 
promotion to, relocating, reassigning, transferring, 
disciplining, or discriminating in regard to any em-
ployment right, entitlement, or benefit, or any term 
or condition of employment of, any other officer or 
employee of the Federal Government, or attempting 
or threatening to commit any of the foregoing ac-
tions, because the other officer or employee engaged 
in activity protected under subsection (a). 
‘‘(c) APPLICATION.—This section shall not be con-
strued to authorize disclosure of any information that is— 
‘‘(1) specifically prohibited from disclosure by 
any other provision of Federal law; or 
‘‘(2) specifically required by Executive order to 
be kept secret in the interest of national defense or 
the conduct of foreign affairs, unless disclosure is 
otherwise authorized by law. 
‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE OF 
THE FEDERAL GOVERNMENT.—For purposes of this sec-
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tion, the term ‘officer or employee of the Federal Govern-
ment’ includes— 
‘‘(1) the President; 
‘‘(2) a Member of Congress; 
‘‘(3) a member of the uniformed services; 
‘‘(4) an employee (as that term is defined in 
section 2105); 
‘‘(5) an employee of the United States Postal 
Service or the Postal Regulatory Commission; and 
‘‘(6) an employee appointed under chapter 73 
or 74 of title 38.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter II of chapter 72 of title 5, 
United States Code, is amended by striking the item 
related to section 7211 and inserting the following: 
‘‘7211. Employees’ right to petition or furnish information or respond to Con-
gress.’’. 
SEC. 703. ENHANCEMENT OF WHISTLEBLOWER PROTEC-
TIONS. 
(a) DISCLOSURES RELATING TO OFFICERS OR EM-
PLOYEES OF AN OFFICE OF INSPECTOR GENERAL.—Sec-
tion 1213(c) of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(3) If the information transmitted under this sub-
section disclosed a violation of law, rule, or regulation, or 
gross waste, gross mismanagement, abuse of authority, or 
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a substantial and specific danger to public health or safe-
ty, by any officer or employee of an Office of Inspector 
General, the Special Counsel may refer the matter to the 
Council of the Inspectors General on Integrity and Effi-
ciency, which shall comply with the standards and proce-
dures applicable to investigations and reports under this 
subsection.’’. 
(b) RETALIATORY REFERRALS TO INSPECTORS GEN-
ERAL.—Section 1214(d) of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(3) In any case in which the Special Counsel deter-
mines that a referral to an Inspector General of an entity 
of the Federal Government was in retaliation for a disclo-
sure or protected activity described in section 2302(b)(8) 
or in retaliation for exercising a right described in section 
2302(b)(9)(A)(i), the Special Counsel shall transmit that 
finding in writing to the Inspector General within 7 days 
of making the finding. The Inspector General shall con-
sider that finding and make a determination on whether 
to initiate an investigation or continue an investigation 
based on the referral that the Special Counsel found to 
be retaliatory.’’. 
(c) ENSURING TIMELY RELIEF.— 
(1) INDIVIDUAL
RIGHT
OF
ACTION.—Section 
1221 of title 5, United States Code, is amended by 
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striking 
‘‘section 
2302(b)(8) 
or 
section 
2302(b)(9)(A)(i), (B), (C), or (D),’’ each place it ap-
pears and inserting ‘‘section 2302(b)(8), section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g),’’. 
(2) STAYS.—Section 1221(c)(2) of title 5, 
United States Code, is amended to read as follows: 
‘‘(2) Any stay requested under paragraph (1) shall 
be granted within 10 calendar days (excluding Saturdays, 
Sundays, and legal holidays) after the date the request 
is made, if the Board— 
‘‘(A) determines that there is a substantial like-
lihood that protected activity was a contributing fac-
tor to the personnel action involved; or 
‘‘(B) otherwise determines that such a stay 
would be appropriate.’’. 
(3) APPEAL OF STAY.—Section 1221(c) of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘(4) If any stay requested under paragraph (1) is de-
nied, the employee, former employee, or applicant for em-
ployment may, within 7 days after receiving notice of the 
denial, file an appeal for expedited review by the Board. 
The agency shall have 7 days thereafter to respond. The 
Board shall provide a decision not later than 21 days after 
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receiving the appeal. During the period of appeal, both 
parties may supplement the record with information un-
available to them at the time the stay was first re-
quested.’’. 
(4) 
ACCESS
TO
DISTRICT
COURT; 
JURY 
TRIALS.— 
(A) IN GENERAL.—Section 1221(i) of title 
5, United States Code, is amended— 
(i) by striking ‘‘(i) Subsections’’ and 
inserting ‘‘(i)(1) Subsections’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(2)(A) If, in the case of an employee, former em-
ployee, or applicant for employment who seeks corrective 
action from the Merit Systems Protection Board based on 
an alleged prohibited personnel practice described in sec-
tion 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g), no final 
order or decision is issued by the Board within 180 days 
after the date on which a request for such corrective action 
has been duly submitted to the Board, such employee, 
former employee, or applicant may, after providing written 
notice to the Special Counsel and the Board and only with-
in 20 days after providing such notice, bring an action 
for review de novo before the appropriate United States 
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113 
district court, and such action shall, at the request of ei-
ther party to such action, be tried before a jury. Upon 
filing of an action with the appropriate United States dis-
trict court, any proceedings before the Board shall cease 
and the employee, former employee, or applicant for em-
ployment waives any right to refile with the Board. 
‘‘(B) If the Board certifies (in writing) to the parties 
of a case that the complexity of such case requires a longer 
period of review, subparagraph (A) shall be applied by 
substituting ‘240 days’ for ‘180 days’. 
‘‘(C) In any such action brought before a United 
States district court under subparagraph (A), the court— 
‘‘(i) shall apply the standards set forth in sub-
section (e); and 
‘‘(ii) may award any relief that the court con-
siders appropriate, including any relief described in 
subsection (g).’’. 
(B) APPLICATION.— 
(i) IN
GENERAL.—The amendments 
made by subparagraph (A) shall apply to 
any corrective action duly submitted to the 
Merit Systems Protection Board, during 
the 5-year period preceding the date of en-
actment of this Act, by an employee, 
former employee, or applicant for employ-
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114 
ment based on an alleged prohibited per-
sonnel 
practice 
described 
in 
section 
2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or 
(D), or 2302(b)(13) of title 5, United 
States Code, with respect to which no final 
order or decision has been issued by the 
Board. 
(ii) LIMITATION.—In the case of an 
individual described in clause (i) whose 
duly submitted claim to the Merit Systems 
Protection Board was made not later than 
180 days before the date of enactment of 
this Act, such individual may only bring an 
action before a United States district court 
as described in paragraph (2) of section 
1221(i) of title 5, United States Code, (as 
added by subparagraph (A)) if that indi-
vidual— 
(I) provides written notice to the 
Office of Special Counsel and the 
Merit Systems Protection Board not 
later than 90 days after the date of 
enactment of this Act; and 
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115 
(II) brings such action not later 
than 20 days after providing such no-
tice. 
(d) RECIPIENTS
OF
WHISTLEBLOWER
DISCLO-
SURES.—Section 2302(b)(8)(B) of title 5, United States 
Code, is amended by striking ‘‘or to the Inspector General 
of an agency or another employee designated by the head 
of the agency to receive such disclosures’’ and inserting 
‘‘the Inspector General of an agency, a supervisor in the 
employee’s direct chain of command up to and including 
the head of the employing agency, or to an employee des-
ignated by any of the aforementioned individuals for the 
purpose of receiving such disclosures’’. 
(e) ATTORNEY FEES.— 
(1) IN GENERAL.—Section 7703(a) of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(3) If an employee, former employee, or appli-
cant for employment is the prevailing party under a 
proceeding brought under this section, the employee, 
former employee, or applicant for employment shall 
be entitled to attorney fees for all representation 
carried out pursuant to this section. In such an ac-
tion for attorney fees, the agency responsible for 
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116 
taking the personnel action shall be the respondent 
and shall be responsible for paying the fees.’’. 
(2) APPLICATION.—In addition to any pro-
ceeding brought by an employee, former employee, 
or applicant for employment on or after the date of 
enactment of this Act in a Federal court under sec-
tion 7703 of title 5, United States Code, the amend-
ment made by paragraph (1) shall apply to any pro-
ceeding brought by an employee, former employee, 
or applicant for employment under such section be-
fore the date of enactment of this Act with respect 
to which the applicable Federal court has not issued 
a final decision. 
(f) EXTENDING WHISTLEBLOWER PROTECTION ACT 
TO CERTAIN EMPLOYEES.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended, in the mat-
ter following clause (xiii), as redesignated by section 
702(a)(1)(B)— 
(A) by inserting ‘‘subsection (b)(9)(A)(i), 
(B), (C), (D), or (E), subsection (b)(13), or 
subsection (g),’’ after ‘‘subsection (b)(8),’’; and 
(B) by inserting after ‘‘title 31’’ the fol-
lowing: ‘‘, a fellow or intern at an agency, a 
commissioned officer or applicant for employ-
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117 
ment in the Public Health Service, an officer or 
applicant for employment in the commissioned 
officer corps of the National Oceanic and At-
mospheric Administration, or a noncareer ap-
pointee in the Senior Executive Service’’. 
(2) CONFORMING AMENDMENTS.—Section 261 
of the National Oceanic and Atmospheric Adminis-
tration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071) is amended— 
(A) in subsection (a)— 
(i) by striking paragraph (8); and 
(ii) by redesignating paragraphs (9) 
through (26) as paragraphs (8) through 
(25), respectively; and 
(B) in subsection (b), by striking the sec-
ond sentence. 
(3) APPLICATION.— 
(A) IN GENERAL.—With respect to an offi-
cer or applicant for employment in the commis-
sioned officer corps of the National Oceanic and 
Atmospheric Administration, the amendments 
made by paragraphs (1) and (2) shall apply to 
any personnel action taken against such officer 
or applicant on or after December 23, 2020, for 
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118 
making any disclosure protected under section 
2302(b)(8) of title 5, United States Code. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to any personnel action with respect 
to which an allegation has been submitted pur-
suant to section 1034 of title 10, United States 
Code, and a final decision has been made re-
garding such allegation under subsection (h) of 
such section. 
(C) DEFINITIONS.—In this paragraph, the 
terms ‘‘disclosure’’ and ‘‘personnel action’’ have 
the meanings given those terms in section 
2302(a) of title 5, United States Code. 
(g) RELIEF.— 
(1) IN
GENERAL.—Section 7701(b)(2)(A) of 
title 5, United States Code, is amended, in the mat-
ter preceding clause (i), by striking ‘‘upon the mak-
ing of the decision’’ and inserting ‘‘upon the making 
of the decision, necessary to make the employee 
whole as if there had been no prohibited personnel 
practice, including training, seniority, and pro-
motions consistent with the employee’s prior 
record’’. 
(2) APPLICATION.—In addition to any appeal 
made on or after the date of enactment of this Act 
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to the Merit Systems Protection Board under section 
7701 of title 5, United States Code, the amendment 
made by paragraph (1) shall apply to any appeal 
made under such section before the date of enact-
ment of this Act with respect to which the Board 
has not issued a final decision. 
SEC. 704. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE 
PERSONNEL ACTIONS. 
(a) IN GENERAL.—Section 7512 of title 5, United 
States Code, is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) a furlough of more than 14 days but less 
than 30 days; and 
‘‘(6) a furlough of 13 days or less that is not 
due to a lapse in appropriations;’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any furlough covered by para-
graph (5) or (6) of section 7512 of title 5, United States 
Code (as amended by such subsection), occurring on or 
after the date of enactment of this Act. 
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120 
SEC. 705. CODIFICATION OF PROTECTIONS FOR DISCLO-
SURES OF CENSORSHIP RELATED TO RE-
SEARCH, ANALYSIS, OR TECHNICAL INFOR-
MATION. 
(a) IN GENERAL.—Section 2302 of title 5, United 
States Code, as amended by section 702(c)(1), is further 
amended by adding at the end the following: 
‘‘(h)(1) In this subsection— 
‘‘(A) the term ‘applicant’ means an applicant 
for a covered position; 
‘‘(B) the term ‘censorship related to research, 
analysis, or technical information’ means any effort 
to distort, misrepresent, or suppress research, anal-
ysis, or technical information; and 
‘‘(C) the term ‘employee’ means an employee in 
a covered position in an agency. 
‘‘(2) Any disclosure of information by an employee 
or applicant for employment that the employee or appli-
cant reasonably believes is evidence of censorship related 
to research, analysis, or technical information— 
‘‘(A) shall come within the protections of sub-
section (b)(8)(A) if— 
‘‘(i) the employee or applicant reasonably 
believes that the censorship related to research, 
analysis, or technical information is or will 
cause— 
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‘‘(I) any violation of law, rule, or reg-
ulation; or 
‘‘(II) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(ii) such disclosure is not specifically pro-
hibited by law or such information is not spe-
cifically required by Executive order to be kept 
classified in the interest of national defense or 
the conduct of foreign affairs; and 
‘‘(B) shall come within the protections of sub-
section (b)(8)(B) if— 
‘‘(i) the employee or applicant reasonably 
believes that the censorship related to research, 
analysis, or technical information is or will 
cause— 
‘‘(I) any violation of law, rule, or reg-
ulation; or 
‘‘(II) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(ii) the disclosure is made to the Special 
Counsel, or to the Inspector General of an 
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agency or another person designated by the 
head of the agency to receive such disclosures, 
consistent with the protection of sources and 
methods. 
‘‘(3) A disclosure shall not be excluded from para-
graph (2) for any reason described in paragraph (1) or 
(2) of subsection (f). 
‘‘(4) Nothing in this subsection shall be construed to 
imply any limitation on the protections of employees and 
applicants afforded by any other provision of law, includ-
ing protections with respect to any disclosure of informa-
tion believed to be evidence of censorship related to re-
search, analysis, or technical information.’’. 
(b) REPEAL.— 
(1) IN GENERAL.—Section 110 of the Whistle-
blower Protection Enhancement Act of 2012 (5 
U.S.C. 2302 note) is hereby repealed. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit or otherwise affect 
any action under section 110 of the Whistleblower 
Protection Enhancement Act of 2012 (5 U.S.C. 
2302 note) commenced before the date of enactment 
of this Act or any protections afforded by such sec-
tion with respect to such action. 
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123 
SEC. 706. TITLE 5 TECHNICAL AND CONFORMING AMEND-
MENTS. 
Title 5, United States Code, is amended— 
(1) in section 1212(h), by striking ‘‘or (9)’’ 
each place it appears and inserting ‘‘, (b)(9), 
(b)(13), or (g)’’; 
(2) in section 1214— 
(A) in subsections (a) and (b), by striking 
‘‘section 2302(b)(8) or section 2302(b)(9)(A)(i), 
(B), (C), or (D)’’ each place it appears and in-
serting 
‘‘section 
2302(b)(8), 
section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g)’’; and 
(B) in subsection (i), by striking ‘‘section 
2302(b)(8) or subparagraph (A)(i), (B), (C), or 
(D) of section 2302(b)(9)’’ and inserting ‘‘sec-
tion 2302(b)(8), subparagraph (A)(i), (B), (C), 
(D), or (E) of section 2302(b)(9), section 
2302(b)(13), or section 2302(g)’’; 
(3) in section 1215(a)(3)(B), by striking ‘‘sec-
tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 
(D)’’ each place it appears and inserting ‘‘section 
2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g)’’; 
(4) in section 2302— 
(A) in subsection (a)— 
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124 
(i) in paragraph (1), by inserting ‘‘or 
(g)’’ after ‘‘subsection (b)’’; and 
(ii) in paragraph (2)(C)(i), by striking 
‘‘subsection 
(b)(8) 
or 
section 
2302(b)(9)(A)(i), (B), (C), or (D)’’ and in-
serting ‘‘subsection (b)(8), (b)(9)(A)(i), 
(B), (C), (D), or (E), (b)(13), or (g)’’; and 
(B) in subsection (c)(1)(B), by striking 
‘‘paragraph (8) or subparagraph (A)(i), (B), 
(C), or (D) of paragraph (9) of subsection (b)’’ 
and inserting ‘‘subsection (b)(8), subparagraph 
(A)(i), (B), (C), or (D) of subsection (b)(9), 
subsection (b)(13), or subsection (g)’’; 
(5) in section 7515(a)(2), by striking ‘‘para-
graph (8), (9), or (14) of section 2302(b)’’ and in-
serting ‘‘paragraph (8), (9), (13), or (14) of section 
2302(b) or section 2302(g)’’; 
(6) in section 7701(c)(2)(B), by striking ‘‘sec-
tion 2302(b)’’ and inserting ‘‘subsection (b) or (g) of 
section 2302’’; and 
(7) in section 7703(b)(1)(B), by striking ‘‘sec-
tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or 
(D)’’ and inserting ‘‘section 2302(b)(8), section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g)’’. 
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125 
Subtitle B—Whistleblowers of the 
Intelligence Community 
SEC. 711. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
(a) IN GENERAL.—The National Security Act of 
1947 (50 U.S.C. 3001 et seq.) is amended by adding at 
the end the following new title: 
‘‘TITLE XII—MATTERS REGARD-
ING 
INSPECTORS 
GENERAL 
OF ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
‘‘SEC. 1202. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
‘‘(a) 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 
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126 
‘‘(3) the identity, or other identifying informa-
tion, of the whistleblower who made the disclosure. 
‘‘(b) 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— 
‘‘(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 Federal 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) TECHNICAL AND CLERICAL AMENDMENTS.— 
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128 
‘‘TITLE XII—MATTERS REGARDING INSPECTORS GENERAL OF 
ELEMENTS OF THE INTELLIGENCE COMMUNITY 
‘‘Sec. 1201. Prohibited personnel practices in the intelligence community. 
‘‘Sec. 1202. Limitation on sharing of intelligence community whistleblower com-
plaints with persons named in such complaints. 
‘‘Sec. 1203. Inspector general external review panel.’’. 
(c) DEFINITIONS.—Section 3 of such Act (50 U.S.C. 
3003) is amended by adding at the end the following new 
paragraphs: 
‘‘(8) The term ‘covered Inspector General’ 
means each of the following: 
‘‘(A) The Inspector General of the Intel-
ligence Community. 
‘‘(B) The Inspector General of the Central 
Intelligence Agency. 
‘‘(C) The Inspector General of the Defense 
Intelligence Agency. 
‘‘(D) The Inspector General of the Na-
tional Reconnaissance Office. 
‘‘(E) The Inspector General of the Na-
tional Geospatial-Intelligence Agency. 
‘‘(F) The Inspector General of the Na-
tional Security Agency. 
‘‘(9) The term ‘whistleblower’ means a person 
who makes a whistleblower disclosure. 
‘‘(10) The term ‘whistleblower disclosure’ 
means a disclosure that is protected under section 
1201 of this Act or section 3001(j)(1) of the Intel-
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129 
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 1201 of the National Security Act of 
1947’’. 
SEC. 712. 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 1203, as designated by section 
711(b), the following new section: 
‘‘SEC. 1204. 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-
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130 
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 
‘‘(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 
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131 
a permanent security officer in the element to provide to 
whistleblowers the information under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of the National Security Act of 1947 is 
amended by inserting after the item relating to section 
1203, as added by section 711(b)(2), the following new 
item: 
‘‘Sec. 1204. Procedures regarding disclosures to Congress.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
103H(k)(5)(D)(i) of the National Security Act of 1947 
(50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the 
end the following: ‘‘The employee may request information 
pursuant to section 1204 with respect to contacting such 
committees.’’. 
SEC. 713. 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 1201 of the National Security Act of 1947, as 
designated by section 711(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 
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132 
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph: 
‘‘(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 416 of title 5, 
United States Code; or’’. 
(b) APPLICABILITY TO DETAILEES.—Such subsection 
is amended by adding at the end the following new para-
graph: 
‘‘(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 
(f) of such section is amended to read as follows: 
‘‘(f) ENFORCEMENT.— 
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133 
‘‘(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-
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.’’. 
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134 
TITLE VIII—ACCOUNTABILITY 
FOR ACTING OFFICIALS 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Accountability for Act-
ing Officials Act’’. 
SEC. 802. 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 before the 
semicolon at the end the following: ‘‘, but, and 
except as provided in subsection (e), only if the 
individual serving in the position of first 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 of the applicable of-
ficer’’; 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, 
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135 
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— 
‘‘(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)).’’. 
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136 
(b) QUALIFICATIONS.—Section 3345(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) Any individual directed to perform the functions 
and duties of the vacant office temporarily in an acting 
capacity under subsection (a)(2) or (f) shall possess the 
qualifications (if any) set forth in law, rule, or regulation 
that are otherwise applicable to an individual appointed 
by the President, by and with the advice and consent of 
the Senate, to occupy such office.’’. 
(c) APPLICATION TO INDIVIDUALS REMOVED FROM 
OFFICE.—Section 3345(c)(2) of title 5, United States 
Code, is amended by inserting after ‘‘the expiration of a 
term of office’’ the following: ‘‘, or removal (voluntarily 
or involuntarily) from office,’’. 
(d) TESTIMONY OF ACTING OFFICIALS BEFORE CON-
GRESS.—Section 3345 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(f)(1) Any individual serving as an acting officer due 
to a vacancy to which this section applies, or any 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, 
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137 
before the appropriate committees of jurisdiction of the 
Senate and the House of Representatives. 
‘‘(2) Paragraph (1) may be waived upon mutual 
agreement of the chairs and ranking members of the com-
mittees described in that paragraph.’’. 
(e) TIME LIMITATION FOR PRINCIPAL OFFICES.— 
Section 3346 of title 5, United States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by inserting ‘‘or as provided in sub-
section (d)’’ after ‘‘sickness’’; and 
(2) by adding at the end the following: 
‘‘(d) With respect to the vacancy of the position of 
head of any agency listed in section 901(b) of title 31 (or 
of any other Executive department) and to which this sec-
tion applies, subsections (a) through (c) of this section and 
sections 3348(c), 3349(b), and 3349a(b) shall be applied 
by substituting ‘120’ for ‘210’ in each instance.’’. 
(f) EXCLUSIVITY.—Section 3347 of title 5, United 
States Code, is amended— 
(1) by redesignating subsection (b) as 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 
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138 
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.’’. 
(g) REPORTING OF VACANCIES.— 
(1) IN
GENERAL.—Section 3349 of title 5, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘immediately upon’’ 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-
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139 
sequent person began not later than 7 days after 
such date.’’; and 
(B) in subsection (b), in the matter pre-
ceding paragraph (1), 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 section 3349(b) of title 5, United 
States Code, are amended to read as follows: 
‘‘(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
‘‘(2) the Committee on Oversight and Account-
ability of the House of Representatives;’’. 
(3) VACANCIES
DURING
PRESIDENTIAL
INAU-
GURAL TRANSITIONS.—Section 3349a(b) 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 in section 3345 may serve in the office— 
‘‘(1) for no longer than 300 days beginning on 
such day; or 
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140 
‘‘(2) subject to section 3346(b), once a first or 
second nomination for the office is submitted to the 
Senate, from the date of such nomination for the pe-
riod that the nomination is pending in the Senate.’’. 
TITLE 
IX—STRENGTHENING 
HATCH ACT ENFORCEMENT 
AND PENALTIES 
Subtitle A—Strengthening Hatch 
Act Enforcement and Penalties 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Hatch Act Account-
ability Act’’. 
SEC. 902. 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-
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141 
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-
essary concerning political activity prohibited under 
subchapter III of chapter 73. 
‘‘(2) With respect to any investigation under para-
graph (1), the Special Counsel may seek corrective action 
under section 1214 and disciplinary action under section 
1215 in the same way as if a prohibited personnel practice 
were involved. 
‘‘(f)(1) Notwithstanding section 1215(b), consistent 
with paragraph (3) of this subsection, if, after an inves-
tigation under subsection (d)(1), the Special Counsel de-
termines that a political appointee has violated section 
7323 or 7324, the Special Counsel may present a com-
plaint to the Merit Systems Protection Board under the 
process provided in section 1215 against such political ap-
pointee. 
‘‘(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. 
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142 
‘‘(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 
‘‘(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 the date on which 
the Special Counsel receives a written statement under 
subparagraph (A) of this paragraph, the Special Counsel 
shall— 
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143 
‘‘(i) submit the written statement to the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Oversight 
and Accountability of the House of Representatives; 
and 
‘‘(ii) publish the written statement on the public 
website of the Office of Special Counsel. 
‘‘(5) Not later than 14 days after the date on which 
the Special Counsel determines a political appointee has 
violated section 7323 or 7324, the Special Counsel shall— 
‘‘(A) submit a report on the investigation into 
such political appointee, and any communications 
sent from the Special Counsel to the President rec-
ommending discipline of such political appointee, to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on 
Oversight and Accountability of the House of Rep-
resentatives; and 
‘‘(B) publish the report and the communica-
tions described in subparagraph (A) on the public 
website of the Office of Special Counsel. 
‘‘(6) In this subsection, the term ‘political appointee’ 
means any individual, other than the President and the 
Vice President, employed or holding office— 
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‘‘(A) in the Executive Office of the President, 
the Office of the Vice President, or any other office 
of the White House, but not including any career 
employee; or 
‘‘(B) in a confidential, policy-making, policy-de-
termining, or policy-advocating position appointed by 
the President, by and with the advice and consent 
of the Senate (other than an individual in the For-
eign Service).’’. 
(b) CLARIFICATION ON APPLICATION OF HATCH ACT 
TO EOP AND OVP EMPLOYEES.—Section 7322(1)(A) of 
title 5, United States Code, is amended by inserting after 
‘‘Executive agency’’ the following: ‘‘, including the 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 at the end the following: 
‘‘§ 7327. 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), imprisoned for 
not more than 1 year, or both. Notwithstanding section 
3571(e) of title 18, for each violation after the first, the 
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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-
wise coerced the employee into taking any act that re-
sulted in a violation of section 7323 or 7324.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter III of chapter 73 of title 5, 
United States Code, is amended by inserting after 
the item relating to section 7326 the following: 
‘‘7327. Criminal penalty for Hatch Act violations.’’. 
(3) TRAINING.—After the first violation by an 
individual of section 7323 or 7324 of title 5, United 
States Code, that individual shall be provided train-
ing by the employing agency of the individual on 
how to avoid subsequent violations of either such 
section. 
SEC. 903. 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’’. 
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SEC. 904. 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 date on which the Special Counsel makes a final deter-
mination under that investigation with respect to whether 
a violation occurred, the Special Counsel shall— 
‘‘(A) publish, on the website of the Office of 
Special Counsel, that determination and a report on 
that determination; and 
‘‘(B) submit the report required under subpara-
graph (A) to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the 
Committee on Oversight and Accountability of the 
House of Representatives. 
‘‘(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 such a position in 
an acting capacity): 
‘‘(A) Any position required to be filled by an 
appointment by the President, by and with the ad-
vice and consent of the Senate. 
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‘‘(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, or 
any successor 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. 
‘‘(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. 905. 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.— 
Section 7323 of title 5, United States Code, is amended— 
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(1) in subsection (a)(1), by striking ‘‘his official 
authority or influence’’ and inserting ‘‘the official 
authority or influence of the employee’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘he’’ and inserting ‘‘the 
employee’’; and 
(B) by striking ‘‘his opinion’’ and inserting 
‘‘the opinion of the employee’’. 
SEC. 906. 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 902(c), 
is further amended— 
(1) by redesignating sections 7326 and 7327 as 
sections 7327 and 7328, respectively; and 
(2) by inserting after section 7325 the fol-
lowing: 
‘‘§ 7326. Limitations on political activity of President 
and Vice President while on White House 
grounds 
‘‘Notwithstanding section 7322(1), the prohibitions 
on political activity under sections 7323(a) and 7324 shall 
apply to the President and Vice President while the Presi-
dent and Vice President are on or in any part of the White 
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House, or any part of the White House grounds, that is 
regularly used in the discharge of official duties.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of subchapter III of chapter 73 of title 5, United States 
Code, as amended by section 902(c), is further amended 
by striking the items relating to sections 7326 and 7327 
and inserting the following: 
‘‘7326. Limitations on political activity of President and Vice President while 
on Federal property. 
‘‘7327. Penalties. 
‘‘7327. Criminal penalty for Hatch Act violations.’’. 
SEC. 907. GRANTING THE OFFICE OF SPECIAL COUNSEL 
RULEMAKING AUTHORITY. 
Notwithstanding any other law, rule, or regulation, 
the Office of Special Counsel shall have exclusive authority 
to promulgate regulations with respect to authority grant-
ed to the Office under subchapter III of chapter 73 of 
title 5, United States Code. 
SEC. 908. 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 
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to appear at any designated place to testify or to produce 
documentary or other evidence.’’. 
SEC. 909. INVESTIGATING FORMER POLITICAL EMPLOYEES. 
(a) DEFINITION.—In this section, the term ‘‘em-
ployee’’ has the meaning given the term in section 7322 
of title 5, United States Code. 
(b) CONTINUATION
OF INVESTIGATION.—Notwith-
standing any other provision of law, the Office of Special 
Counsel may continue an investigation of a violation of 
section 7323 or 7324 of title 5, United States Code, of 
an individual who is a former employee only if that inves-
tigation commenced while the individual was an employee. 
SEC. 910. GAO REVIEW OF REIMBURSABLE POLITICAL 
EVENTS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
on reimbursable political events held at the White House 
or on the White House grounds during the period begin-
ning on January 1, 1997, and ending on the date of enact-
ment of this Act (referred to in this section as the ‘‘cov-
ered period’’). 
(b) CONTENTS.—The report required under sub-
section (a) shall include the following: 
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(1) Whether, during the covered period, the re-
quirements in annual appropriations Acts with re-
spect to reimbursable political events have been fol-
lowed, including the requirements under the heading 
‘‘Executive Residence At the White House—Reim-
bursable Expenses’’ in title II of division D of the 
Consolidated Appropriations Act, 2019 (Public Law 
116–6). 
(2) An assessment of what constitutes a polit-
ical event during the covered period. 
(3) Whether an event that was not classified as 
a political event during the covered period should 
have been classified as such an event. 
(4) A review of any payment made by a political 
entity under the terms of the requirements described 
in paragraph (1). 
(5) Recommendations for Congress on— 
(A) a definition for the term ‘‘political 
event’’; 
(B) how to assess whether presidential ad-
ministrations are following the requirements de-
scribed in paragraph (1); and 
(C) how to hold presidential administra-
tions accountable if the requirements described 
in paragraph (1) are not followed. 
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Subtitle B—Strengthening Ethics 
Enforcement and Penalties for 
Federal Executive Employees 
SEC. 911. DEFINITIONS. 
(a) IN GENERAL.—Subject to subsection (b), in this 
subtitle: 
(1) 
ADMINISTRATION.—‘‘Administration’’ 
means each term of office of the incumbent Presi-
dent serving at the time of the appointment of an 
appointee. 
(2) APPOINTEE.—The term ‘‘appointee’’— 
(A) includes each individual appointed— 
(i) to a full-time, noncareer position 
by the President or the Vice President; 
(ii) to a position on the Executive 
Schedule under sections 5312 through 
5316 of title 5, United States Code; 
(iii) to a position as a noncareer ap-
pointee in the in the Senior Executive 
Service, as defined in section 3132(a) of 
title 5, United States Code, or as a non-
career appointee under another comparable 
personnel system for senior personnel; or 
(iv) to a position in an Executive 
agency excepted from the competitive serv-
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ice by reason of being of a confidential or 
policy-determining character under sched-
ule C of subpart C of part 213 of title 5, 
Code of Federal Regulations, or another 
position excepted from the competitive 
service under comparable criteria; and 
(B) does not include any individual ap-
pointed to a position in the Senior Foreign 
Service or solely as a uniformed service commis-
sioned officer. 
(3) COVERED
EXECUTIVE
BRANCH
OFFICIAL; 
LOBBYING ACTIVITIES, LOBBYIST.—The terms ‘‘cov-
ered executive branch official’’, ‘‘lobbying activities’’, 
and ‘‘lobbyist’’ have the meanings given those terms 
in section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602). 
(4) DIRECTLY AND SUBSTANTIALLY RELATED 
TO MY FORMER EMPLOYER OR ANY FORMER CLI-
ENT.—The term ‘‘directly and substantially related 
to my former employer or any former client’’ means 
any matter in which the former employer or a 
former client of an appointee is a party or rep-
resents a party to the matter. 
(5) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given the term ‘‘Executive 
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agency’’ in section 105 of title 5, United States 
Code, except that such term— 
(A) includes— 
(i) the Executive Office of the Presi-
dent; 
(ii) the United States Postal Service; 
and 
(iii) the Postal Regulatory Commis-
sion; and 
(B) does not include the Government Ac-
countability Office. 
(6) FORMER CLIENT.—The term ‘‘former cli-
ent’’— 
(A) means any person for whom an ap-
pointee, during the 2-year period before the 
date of the appointment of the appointee, 
served personally as agent, attorney, or consult-
ant, except that such service as an agent, attor-
ney, or consultant shall not include any in-
stance in which the service provided was limited 
to speeches or similar appearances; and 
(B) does not include any clients of the 
former employer of the appointee to whom the 
appointee did not personally provide services. 
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(7) FORMER
EMPLOYER.—The term ‘‘former 
employer’’— 
(A) means any person for whom an ap-
pointee, during the 2-year period before the 
date of appointment of the appointee, served as 
an employee, officer, director, trustee, or gen-
eral partner; and 
(B) does not include any Executive agency 
or other entity of the Federal Government, any 
State or local government, the government of 
the District of Columbia, any Tribal govern-
ment, any government of a United States terri-
tory or possession, or any international organi-
zation of which the United States is a member 
state. 
(8) GIFT.—The term ‘‘gift’’— 
(A) has the meaning given the term in sec-
tion 2635.203(b) of title 5, Code of Federal 
Regulations; 
(B) includes any gift that is indirectly so-
licited or accepted, as defined under section 
2635.203(f) of title 5, Code of Federal Regula-
tions; and 
(C) does not include any item excepted 
under subsections (b), (c), (e)(1), (e)(3), (j), or 
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(l) of section 2635.204 of title 5, Code of Fed-
eral Regulations. 
(9) GOVERNMENT OFFICIAL.—The term ‘‘Gov-
ernment official’’ means any employee of the execu-
tive branch of the Government. 
(10) LOBBY.—The term ‘‘lobby’’ means to act 
or have acted as a registered lobbyist. 
(11) MATERIALLY ASSIST.—The term ‘‘materi-
ally assist’’— 
(A) means to provide substantive assist-
ance; and 
(B) does not include— 
(i) the provision of background or 
general education on a matter of law or 
policy based upon the subject matter ex-
pertise of an individual; or 
(ii) any conduct or assistance per-
mitted under section 207(j) of title 18, 
United States Code. 
(12) PARTICIPATE.—The term ‘‘participate’’ 
means to participate personally and substantially. 
(13) PARTICULAR
MATTER.—The term ‘‘par-
ticular matter’’ has the meaning given the term in 
section 207 of title 18, United States Code, and sec-
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tion 2635.402(b)(3) of title 5, Code of Federal Reg-
ulations. 
(14) PARTICULAR MATTER INVOLVING SPECIFIC 
PARTIES.—The term ‘‘particular matter involving 
specific parties’’ has the meaning given the term in 
section 2641.201(h) of title 5, Code of Federal Reg-
ulations, except that the term shall also include any 
meeting or other communication relating to the per-
formance of the official duties of an individual with 
a former employer or former client of the individual, 
unless— 
(A) the communication applies to a par-
ticular matter of general applicability; and 
(B) participation in the meeting or other 
event is open to all interested parties. 
(15) PLEDGE.—The term ‘‘pledge’’ means the 
ethics pledge under section 912. 
(16) REGISTERED LOBBYIST OR LOBBYING OR-
GANIZATION.—The term ‘‘registered lobbyist or lob-
bying organization’’ means— 
(A) any lobbyist or an organization filing a 
registration pursuant to section 4 of the Lob-
bying Disclosure Act of 1995 (2 U.S.C. 1603); 
and 
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(B) in the case of an organization filing 
such a registration, includes each of the lobby-
ists of the organization identified therein. 
(17) SENIOR WHITE HOUSE STAFF.—The term 
‘‘Senior White House staff’’ means any person ap-
pointed by— 
(A) the President to a position under sub-
paragraph (A) or (B) of section 105(a)(2) of 
title 3, United States Code; or 
(B) the Vice President to a position under 
subparagraph (A) or (B) of section 106(a)(1) of 
title 3, United States Code. 
(b) RULE OF CONSTRUCTION.—Any reference to a 
provision of Federal law, including any regulation, under 
this subtitle shall be construed to refer to any such provi-
sion in effect on January 20, 2021. 
SEC. 912. ETHICS PLEDGE. 
Each appointee in each Executive agency appointed 
on or after January 20, 2021, shall sign, and upon signing 
shall be contractually committed to, an ethics pledge that 
states the following: 
‘‘I recognize that this pledge is part of a broader 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-
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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 
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 
any gift from any registered lobbyist or lobbying or-
ganization for the duration of my service as an ap-
pointee. 
‘‘(2) REVOLVING DOOR BAN; ALL APPOINTEES 
ENTERING GOVERNMENT.—For a period of 2 years 
beginning on the date of my appointment, I will not 
participate in any particular matter involving spe-
cific parties that is directly and substantially related 
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