which the request from the Comptroller General is 
received, or if the Comptroller General determines 
that a shorter or longer period is appropriate based 
on the specific circumstances, within such shorter or 
longer period. 
‘‘(3) ACCESS.—To carry out the responsibilities 
of this part, the Comptroller General shall also have 
access to interview the officers, employees, contrac-
tors, and other agents and representatives of a de-
partment, agency, or office of the United States at 
any reasonable time as the Comptroller General may 
request.’’. 
(b) Section 1001 of the Impoundment Control Act 
of 1974 (2 U.S.C. 681) is amended— 
(1) in paragraph (3), by striking the ‘‘or’’ at 
the end of the paragraph; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) affecting or limiting in any way the au-
thorities provided to the Comptroller General under 
chapter 7 of title 31, United States Code.’’. 
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SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND 
LITIGATION. 
Section 1016 of the Impoundment Control Act of 
1974 (2 U.S.C. 687) is amended to read as follows: 
‘‘SUITS BY COMPTROLLER GENERAL 
‘‘SEC. 1016. If, under this chapter, budget authority 
is required to be made available for obligation and such 
budget authority is not made available for obligation or 
information, documentation, views, or access are required 
to be produced and such information, documentation, 
views, or access are not produced, the Comptroller General 
is expressly empowered, through attorneys of their own 
selection, to bring a civil action in the United States Dis-
trict Court for the District of Columbia to require such 
budget authority to be made available for obligation or 
such information, documentation, views, or access to be 
produced, and such court is expressly empowered to enter 
in such civil action, against any department, agency, offi-
cer, or employee of the United States, any decree, judg-
ment, or order which may be necessary or appropriate to 
make such budget authority available for obligation or 
compel production of such information, documentation, 
views, or access. No civil action shall be brought by the 
Comptroller General to require budget authority be made 
available under this section until the expiration of 15 cal-
endar days following the date on which an explanatory 
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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 
(and incorporates the finding in the explanatory statement 
filed) that the delay would be contrary to the public inter-
est.’’. 
SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE 
IMPOUNDMENT CONTROL ACT OF 1974. 
(a) IN GENERAL.—The Impoundment Control Act of 
1974 (2 U.S.C. 681 et seq.), as amended by section 
502(a), is further amended by adding at the end the fol-
lowing: 
‘‘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 Government Accountability 
Office issues a legal decision concluding that a de-
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partment, agency, or office of the United States vio-
lated this part, the President or the head of the rel-
evant department or agency as the case may be, 
shall report immediately to Congress all relevant 
facts and a statement of actions taken. A copy of 
each report shall also be transmitted to the Comp-
troller General and the relevant inspector general on 
the same date the report is transmitted to the Con-
gress. 
‘‘(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, and a statement of any addi-
tional action taken to prevent recurrence of the same 
type of violation. In the case that the Government 
Accountability Office issues a legal decision con-
cluding that a department, agency, or office of the 
United States violated this part and the relevant de-
partment, agency, or office does not agree that a 
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violation has occurred, the report provided to Con-
gress, the Comptroller General, and relevant inspec-
tor general will explain its position. 
‘‘(3) OPPORTUNITY TO RESPOND.—If the report 
identifies the position of any officer or employee as 
involved in the violation, such officer or employee 
shall be provided a reasonable opportunity to re-
spond in writing, and any such response shall be ap-
pended to the report.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act, as 
amended by section 502(b), is further amended by adding 
after the item relating to section 1019 the following: 
‘‘1020. Penalties for failure to comply.’’. 
Subtitle B—Strengthening 
Transparency and Reporting 
PART 1—FUNDS MANAGEMENT AND REPORTING 
TO THE CONGRESS 
SEC. 511. EXPIRED BALANCE REPORTING IN THE 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 budgets for each of fiscal years 
2022 through 2026, a report on— 
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‘‘(A) unobligated expired balances as of the 
beginning of the current fiscal year and the be-
ginning of each of the preceding 2 fiscal years 
by agency and the applicable Treasury Appro-
priation Fund Symbol or fund account; and 
‘‘(B) an explanation of expired balances in 
any Treasury Appropriation Fund Symbol or 
fund account that exceed the lesser of 5 percent 
of total appropriations made available for that 
account or $100,000,000.’’. 
SEC. 512. CANCELLED BALANCE REPORTING IN THE 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 budgets for each of fiscal years 
2022 through 2026, a report on— 
‘‘(A) cancelled balances (pursuant to sec-
tion 1552(a)) for the preceding 3 fiscal years by 
agency and Treasury Appropriation Fund Sym-
bol or fund account; 
‘‘(B) an explanation of cancelled balances 
in any Treasury Appropriation Fund Symbol or 
fund account that exceed the lesser of 5 percent 
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of total appropriations made available for that 
account or $100,000,000; and 
‘‘(C) a tabulation, by Treasury Appropria-
tion Fund Symbol or fund account and appro-
priation, of all balances of appropriations avail-
able for an indefinite period in an appropriation 
account available for an indefinite period that 
do not meet the criteria for closure under sec-
tion 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: 
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‘‘(42) a report on— 
‘‘(A) any obligation or expenditure made 
by a department or agency affected in whole or 
in part by any lapse in appropriations of 5 con-
secutive days or more during the preceding fis-
cal year; and 
‘‘(B)(i) with respect to any such obligation 
or expenditure, the amount so obligated or ex-
pended, the account affected, and an expla-
nation of which Antideficiency Act exceptions 
permitted the department or agency, as the 
case may be, to incur such obligation or expend-
iture; and 
‘‘(ii) an explanation of any changes in the 
application of any Antideficiency Act exception 
for a program, project, or activity from any ex-
planations previously reported on pursuant to 
this paragraph.’’. 
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: 
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‘‘(43) for the budget for fiscal year 2022, a re-
port on— 
‘‘(A) any transfer authority or other au-
thority to repurpose appropriations provided in 
a law other than an appropriation act; and 
‘‘(B) with respect to any such authority, 
the citation to the statute, the list of depart-
ments or agencies covered, an explanation of 
when such authority may be used, and an ex-
planation on any use of such authority in the 
preceding 3 fiscal years.’’. 
SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE 
ACCOUNTS BY APPROPRIATION. 
(a) IN GENERAL.—Subchapter IV of chapter 15 of 
title 31, United States Code, is amended by inserting after 
section 1555 the following: 
‘‘SEC. 1555a. CANCELLATION OF APPROPRIATIONS AVAIL-
ABLE 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 
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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.’’. 
PART 2—EMPOWERING CONGRESSIONAL REVIEW 
THROUGH NONPARTISAN CONGRESSIONAL 
AGENCIES AND TRANSPARENCY INITIATIVES 
SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR 
INFORMATION FROM THE GOVERNMENT AC-
COUNTABILITY OFFICE FOR BUDGET AND AP-
PROPRIATIONS 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: 
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‘‘SEC. 722. REQUIREMENT TO RESPOND TO REQUESTS FOR 
INFORMATION FROM THE GOVERNMENT AC-
COUNTABILITY OFFICE FOR BUDGET AND AP-
PROPRIATIONS LAW DECISIONS. 
‘‘(a) If an executive agency or the District of Colum-
bia government receives a written request for information, 
documentation, or views from the Government Account-
ability Office relating to a decision or opinion on budget 
or appropriations law, the executive agency or the District 
of Columbia government shall provide the requested infor-
mation, documentation, or views not later than 20 days 
after receiving the written request, unless such written re-
quest specifically provides otherwise. 
‘‘(b) If an executive agency or the District of Colum-
bia government fails to respond to the request for informa-
tion, documentation, or views within the time required by 
this section— 
‘‘(1) the Comptroller General shall notify, in 
writing, the Committee on Oversight and Reform of 
the House of Representatives, Committee on Home-
land Security and Governmental Affairs of the Sen-
ate, and any other appropriate congressional com-
mittee of the House of Representatives and the Sen-
ate of such failure; and 
‘‘(2) the Comptroller General is hereby ex-
pressly empowered, through attorneys of their own 
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selection, to bring a civil action in the United States 
District Court for the District of Columbia to re-
quire such information, documentation, or views to 
be produced, and such court is expressly empowered 
to enter in such civil action, against any department, 
agency, officer, or employee of the United States, 
any decree, judgment, or order which may be nec-
essary 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 Government 
Accountability Office for budget and appropriations law deci-
sions.’’. 
SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFI-
CIENCY 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 the 
Government Accountability Office, an executive 
agency, or the District of Columbia government de-
termines that’’; and 
(2) by adding at the end the following: 
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‘‘(b) Any such report shall include a summary of the 
facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date 
on which the violation occurred, the position of any officer 
or employee responsible for the violation, a statement of 
the administrative discipline imposed and any further ac-
tion taken with respect to any officer or employee involved 
in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a 
statement of any determination that the violation was not 
knowing and willful that has been made by the executive 
agency or District of Columbia government, and any writ-
ten response by any officer or employee identified by posi-
tion as involved in the violation. In the case that the Gov-
ernment Accountability Office issues a legal decision con-
cluding that section 1341(a) or 1342 was violated and the 
executive agency or District of Columbia government, as 
applicable, does not agree that a violation has occurred, 
the report provided to the President, the Congress, and 
the Comptroller General will explain its position.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1517 of 
title 31, United States Code, is amended— 
(1) in subsection (b), by striking ‘‘If’’ and in-
serting ‘‘If the Government Accountability Office, an 
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executive agency, or the District of Columbia gov-
ernment determines that’’; and 
(2) by adding at the end the following: 
‘‘(c) Any such report shall include a summary of the 
facts pertaining to the violation, the title and Treasury 
Appropriation Fund Symbol of the appropriation or fund 
account, the amount involved for each violation, the date 
on which the violation occurred, the position of any officer 
or employee responsible for the violation, a statement of 
the administrative discipline imposed and any further ac-
tion taken with respect to any officer or employee involved 
in the violation, a statement of any additional action taken 
to prevent recurrence of the same type of violation, a 
statement of any determination that the violation was not 
knowing and willful that has been made by the executive 
agency or District of Columbia government, and any writ-
ten response by any officer or employee identified by posi-
tion as involved in the violation. In the case that the Gov-
ernment Accountability Office issues a legal decision con-
cluding that subsection (a) was violated and the executive 
agency or District of Columbia government, as applicable, 
does not agree that a violation has occurred, the report 
provided to the President, the Congress, and the Comp-
troller General will explain its position.’’. 
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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 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 of the United States Government 
or of the District of Columbia government, a de-
scription of each investigation undertaken in accord-
ance with paragraph (1) during the preceding cal-
endar year and an explanation of the status of any 
such investigation; and 
‘‘(D) without identification of any individual of-
ficer or employee of the United States Government 
or of the District of Columbia government, an expla-
nation of any update to the status of any review or 
investigation previously reported pursuant to this 
subsection.’’. 
(b) VIOLATIONS OF SECTION 1517.—Section 1519 of 
title 31, United States Code, is amended— 
(1) by striking ‘‘An officer’’ and inserting ‘‘(a) 
An officer’’; and 
(2) by adding at the end the following: 
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‘‘(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 
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 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 of the United States Government 
or of the District of Columbia government, a de-
scription of each investigation undertaken in accord-
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ance with paragraph (1) during the preceding cal-
endar year and an explanation of the status of any 
such investigation; and 
‘‘(D) without identification of any individual of-
ficer or employee of the United States Government 
or of the District of Columbia government, an expla-
nation of any update to the status of any review or 
investigation previously reported pursuant to this 
subsection.’’. 
SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS 
LAW OPINIONS OF THE DEPARTMENT OF JUS-
TICE OFFICE OF LEGAL COUNSEL. 
(a) SCHEDULE OF PUBLICATION FOR FINAL OLC 
OPINIONS.—Each final opinion issued by the Office of 
Legal Counsel of the Department of Justice relating to 
section 1301(a), 1341, 1342, 1501, 1502, 1512, 1513, 
1515, 1517, or 3302(b) of title 31, United States Code, 
any provision of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the Federal Credit Reform 
Act of 1990, the Impoundment Control Act of 1974, an 
appropriation Act, continuing resolution, or another provi-
sion of law providing or governing appropriations or budg-
et authority shall be made available on its public website 
in a manner that is searchable, sortable, and downloadable 
in its entirety as soon as is practicable, but— 
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(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.— 
(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-
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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— 
(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; 
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(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. 
(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; 
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(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 OLC opinions regard-
ing the extent of the withholdings. 
(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. 
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(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-
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— 
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(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; 
(2) includes a means for bulk download of all 
OLC opinions or a selection of opinions retrieved 
using a text-based search; 
(3) provides free access to the opinions, and 
does not charge a fee, require registration, or impose 
any other limitation in exchange for access to the 
website; and 
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(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. 
Where the communication of the legal interpretation 
takes place verbally, a memorialization of that com-
munication qualifies as an ‘‘OLC opinion’’. 
(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 General for the Office of 
Legal Counsel, has determined is final; 
(B) government officials or government 
contractors are relying on or have relied on; 
(C) is or has been relied upon to formulate 
legal guidance; or 
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(D) is cited in another Office of Legal 
Counsel opinion. 
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 
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President specifies the provisions of law under which the 
President proposes that the President or other officers will 
act in— 
‘‘(1) a proclamation declaring a national 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 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 
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the remainder of the term of office of that Presi-
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. 
‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMER-
GENCIES. 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.— 
‘‘(1) IN
GENERAL.—Unless previously termi-
nated pursuant to Presidential order or Act of Con-
gress, a declaration of a national emergency shall re-
main in effect for 20 session days, in the case of the 
Senate, and 20 legislative days, in the case of the 
House, from the issuance of the proclamation under 
section 201(a) (not counting the day on which the 
proclamation was issued) and shall terminate when 
that period expires unless there is enacted into law 
a joint resolution of approval under section 203 with 
respect to the proclamation. 
‘‘(2) EXERCISE
OF
POWERS
AND
AUTHORI-
TIES.—Unless the declaration of national emergency 
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has been terminated pursuant to Presidential order 
or Act of Congress, any emergency power or author-
ity made available under a provision of law specified 
pursuant to section 201(b) may be exercised pursu-
ant to a declaration of a national emergency for 20 
session days, in the case of the Senate, and 20 legis-
lative 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 Ex-
ecutive order was issued). That power or authority 
may not be exercised after that period expires unless 
there is enacted into law a joint resolution of ap-
proval 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-
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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.— 
‘‘(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 terminating the emergency; or 
‘‘(D) the date specified in a proclamation 
of the President terminating the emergency. 
‘‘(2) EFFECT OF TERMINATION.—Effective on 
the date of the termination of a national emergency 
under paragraph (1)— 
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‘‘(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 
‘‘(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 of national emergency 
made under section 201(a); 
‘‘(B) Executive orders issued under section 
201(b)(2); or 
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‘‘(C) Executive orders issued under section 
202(b); or 
‘‘(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) PROCEDURES FOR CONSIDERATION OF JOINT 
RESOLUTIONS OF APPROVAL.— 
‘‘(1) 
INTRODUCTION.—After 
the 
President 
transmits to Congress a proclamation declaring a 
national emergency under section 201(a), or an 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 may be introduced in either House 
of Congress by any member of that House. 
‘‘(2) COMMITTEE REFERRAL IN THE SENATE.— 
In the Senate, a joint resolution of approval shall be 
referred to the appropriate committee. 
‘‘(3) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) COMMITTEE REFERRAL.—A joint res-
olution of approval shall be referred to the ap-
propriate committee or committees. 
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‘‘(B) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution of ap-
proval has been referred has not reported it at 
the end of 10 calendar days after its introduc-
tion, that committee shall be discharged from 
further consideration of the resolution and it 
shall be placed on the calendar. 
‘‘(C) PROCEEDING TO CONSIDERATION.— 
Notwithstanding Rule XXII of the Standing 
Rules of the Senate, when a committee to which 
a joint resolution of approval is referred has re-
ported the resolution, or when that committee is 
discharged under subparagraph (B) from fur-
ther consideration of the resolution, it is at any 
time thereafter in order to move to proceed to 
the consideration of the joint resolution, and all 
points of order against the joint resolution (and 
against the motion to proceed to the consider-
ation of the joint resolution) are waived. The 
motion to proceed shall be debatable for 4 
hours evenly divided between proponents and 
opponents of the joint resolution of approval. 
The motion is not subject to amendment, or to 
a motion to postpone, or to a motion to proceed 
to the consideration of other business. A motion 
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to reconsider the vote by which the motion is 
agreed to or disagreed to shall not be in order. 
If a motion to proceed to the consideration of 
a joint resolution of approval is agreed to, the 
joint resolution shall remain the unfinished 
business of the Senate until disposed of. 
‘‘(D) 
FLOOR
CONSIDERATION.—There 
shall be 10 hours of consideration on a joint 
resolution of approval, to be divided evenly be-
tween the proponents and opponents of the 
joint resolution. Of that 10 hours, there shall be 
a total of 2 hours of debate on any debatable 
motions in connection with the joint resolution, 
to be divided evenly between the proponents 
and opponents of the joint resolution. 
‘‘(E) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval in the Senate. 
‘‘(F) MOTION TO RECONSIDER VOTE ON 
PASSAGE.—A motion to reconsider a vote on 
passage of a joint resolution of approval shall 
not be in order. 
‘‘(G) APPEALS.—Points of order and ap-
peals from the decision of the Presiding Officer 
shall be decided without debate. 
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‘‘(4) 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 has been referred has not reported it to 
the House within seven legislative days after 
the date of referral such committee shall be dis-
charged from further consideration of the joint 
resolution. 
‘‘(B)(i) 
PROCEEDING
TO
CONSIDER-
ATION.—Beginning on the third legislative day 
after each committee to which a joint resolution 
of approval has been referred reports it to the 
House or has been discharged from further con-
sideration thereof, it shall be in order to move 
to proceed to consider the joint resolution of ap-
proval in the House. All points of order against 
the motion are waived. Such a motion shall not 
be in order after the House has disposed of a 
motion to proceed on the joint resolution of ap-
proval. The previous question shall be consid-
ered as ordered on the motion to its adoption 
without intervening motion. The motion shall 
not be debatable. A motion to reconsider the 
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vote by which the motion is disposed of shall 
not be in order. 
‘‘(ii) MOTION.—A motion to proceed to the 
consideration of a joint resolution of approval of 
an Executive order described in subsection 
(a)(1) or a list described in subsection (a)(2) 
shall not be in order prior to the enactment of 
a joint resolution of approval of the proclama-
tion described in subsection (a)(1) that is the 
subject of such Executive order or list. 
‘‘(C) CONSIDERATION.—The joint resolu-
tion of approval shall be considered as read. All 
points of order against the joint resolution of 
approval and against its consideration are 
waived. The previous question shall be consid-
ered as ordered on the joint resolution of ap-
proval 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 a designee) and an oppo-
nent. A motion to reconsider the vote on pas-
sage of the joint resolution of approval shall not 
be in order. 
‘‘(5) COORDINATION WITH ACTION BY OTHER 
HOUSE.— 
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‘‘(A) IN GENERAL.—If, before the passage 
by one House of a joint resolution of approval 
of that House, that House receives from the 
other House a joint resolution of approval with 
regard to the same proclamation or Executive 
order, then the following procedures shall apply: 
‘‘(i) The joint resolution of approval 
of the other House shall not be referred to 
a committee. 
‘‘(ii) With respect to a joint resolution 
of approval of the House receiving the 
joint resolution— 
‘‘(I) the procedure in that House 
shall be the same as if no joint resolu-
tion of approval had been received 
from the other House; but 
‘‘(II) the vote on passage shall be 
on the joint resolution of approval of 
the other House. 
‘‘(iii) Upon the failure of passage of 
the joint resolution of approval of the other 
House, the question shall immediately 
occur on passage of the joint resolution of 
approval of the receiving House. 
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‘‘(B) TREATMENT
OF
LEGISLATION
OF 
OTHER HOUSE.—If one House fails to introduce 
a joint resolution of approval under this section, 
the joint resolution of approval of the other 
House shall be entitled to expedited floor proce-
dures 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 which is a revenue 
measure. 
‘‘(6) TREATMENT OF VETO MESSAGE.—Debate 
on a veto message in the Senate under this section 
shall be 1 hour evenly divided between the majority 
and minority leaders or their designees. 
‘‘(c) RULE OF CONSTRUCTION.—The enactment of a 
joint resolution of approval under this section shall not 
be interpreted to serve as a grant or modification by Con-
gress of statutory authority for the emergency powers of 
the President. 
‘‘(d) 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 
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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-
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-
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ers Act (50 U.S.C. 1701 et seq.), supplemented as 
necessary by a provision of law specified in para-
graph (2). 
‘‘(2) PROVISIONS
OF
LAW
SPECIFIED.—The 
provisions of law specified in this paragraph are— 
‘‘(A) the United Nations Participation Act 
of 1945 (22 U.S.C. 287 et seq.); 
‘‘(B) section 212(f) of the Immigration 
and Nationality Act (8 U.S.C. 1182(f)); or 
‘‘(C) any provision of law that authorizes 
the implementation, imposition, or enforcement 
of economic sanctions with respect to a foreign 
country. 
‘‘(c) EFFECT
OF ADDITIONAL POWERS
AND 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: 
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‘‘(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 
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 authority specified in the Executive 
order, as the case may be. 
‘‘(2) The estimated duration of the national 
emergency, or a statement that the duration of the 
national emergency cannot reasonably be estimated 
at the time of transmission of the report. 
‘‘(3) A summary of the actions the President or 
other officers intend to take, including any 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- 
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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-
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 3 months 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 
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or tariff-rate quotas or (subject to paragraph (2)) other 
quotas on articles entering the United States. 
‘‘(2) The limitation under paragraph (1) does not 
prohibit the President from excluding all articles imported 
from a country from entering the United States.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) NATIONAL EMERGENCIES ACT.—Title III of 
the National Emergencies Act (50 U.S.C. 1631) is 
repealed. 
(2) INTERNATIONAL
EMERGENCY
ECONOMIC 
POWERS
ACT.—Section 207 of the International 
Emergency Economic Powers Act (50 U.S.C. 1706) 
is amended— 
(A) in subsection (b), by striking ‘‘concur-
rent resolution’’ and inserting ‘‘joint resolution’’ 
each place it appears; and 
(B) by adding at the end the following: 
‘‘(e) In this section, the term ‘National Emergencies 
Act’ means the National Emergencies Act, as in effect on 
the day before the date of the enactment of the 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 upon enactment and 
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apply with respect to national emergencies declared 
under section 201 of the National Emergencies Act 
on or after that date. 
(2) APPLICABILITY TO RENEWALS OF EXISTING 
EMERGENCIES.—When a national emergency de-
clared under section 201 of the National Emer-
gencies Act before the date of the enactment of the 
Congressional Power of the Purse Act would expire 
or be renewed under section 202(d) of that Act (as 
in effect on the day before such date of enactment), 
that national emergency shall be subject to the re-
quirements 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-
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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— 
‘‘(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-
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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 
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; 
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(B) the Committee on Oversight and Re-
form, the Committee on the Judiciary, and the 
Permanent Select Committee on Intelligence of 
the House of Representatives; and 
(C) any other committee of the Senate or 
the House of Representatives with jurisdiction 
over the subject matter addressed in the 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 
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request when an emergency disrupts nor-
mal governmental or legislative processes. 
SEC. 534. EMERGENCY AND OVERSEAS CONTINGENCY OP-
ERATIONS DESIGNATIONS BY CONGRESS IN 
STATUTE. 
Section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘and the President 
subsequently so designates’’; and 
(2) in clause (ii), by striking ‘‘and the President 
subsequently so designates’’. 
TITLE VI—SECURITY FROM PO-
LITICAL 
INTERFERENCE 
IN 
JUSTICE 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Security from Political 
Interference in Justice Act of 2020’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) COMMUNICATIONS LOG.—The term ‘‘com-
munications log’’ means the log required to be main-
tained under section 603(a). 
(2) COVERED COMMUNICATION.— 
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(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). 
(B) EXCEPTIONS.—The term does not in-
clude a communication that is any of the fol-
lowing: 
(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. 
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(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. 
(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 
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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 
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 
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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 
Council, and 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 adver-
sary case in litigation that may have na-
tional security implications. 
(iv) A communication that involves 
contact between the Office of the Pardon 
Attorney of the Department of Justice and 
the Counsel to the President or the Deputy 
Counsels to the President relating to 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. 
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(3) IMMEDIATE FAMILY.—The term ‘‘immediate 
family of the President or Vice President’’ means 
those persons to whom the President or Vice Presi-
dent— 
(A) is related by blood, marriage, or adop-
tion; or 
(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 and July 30 of each year, the At-
torney General shall submit to the Office of the In-
spector General of the Department of Justice a re-
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port containing the communications log for the 6- 
month period preceding that January or July. 
(2) NOTICE OF INAPPROPRIATE OR IMPROPER 
COMMUNICATIONS.—The Office of the Inspector 
General of the Department of Justice shall— 
(A) review each communications log re-
ceived under paragraph (1)(A); and 
(B) notify the Committee on the Judiciary 
of the House of Representatives and the Com-
mittee on the Judiciary of the Senate 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. 
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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TITLE 
VII—PROTECTING 
IN-
SPECTOR 
GENERAL 
INDE-
PENDENCE 
Subtitle A—Requiring Cause for 
Removal 
SEC. 701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Inspector General 
Independence Act’’. 
SEC. 702. AMENDMENT. 
The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended— 
(1) in section 3(b)— 
(A) by striking ‘‘An Inspector General’’ 
and inserting ‘‘(1) An Inspector General’’; 
(B) by inserting after ‘‘by the President’’ 
the following: ‘‘in accordance with paragraph 
(2)’’; and 
(C) by inserting at the end the following 
new paragraph: 
‘‘(2) The President may remove an Inspector General 
only for any of the following grounds (and the documenta-
tion of any such ground shall be included in the commu-
nication required pursuant to paragraph (1)): 
‘‘(A) Documented permanent incapacity. 
‘‘(B) Documented neglect of duty. 
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‘‘(C) Documented malfeasance. 
‘‘(D) Documented conviction of a felony or con-
duct involving moral turpitude. 
‘‘(E) Documented knowing violation of a law or 
regulation. 
‘‘(F) Documented gross mismanagement. 
‘‘(G) Documented gross waste of funds. 
‘‘(H) Documented abuse of authority. 
‘‘(I) Documented inefficiency.’’; and 
(2) in section 8G(e)(2), by adding at the end 
the following new sentence: ‘‘An Inspector General 
may be removed only for any of the following 
grounds (and the documentation of any such ground 
shall be included in the communication required pur-
suant to this paragraph): 
‘‘(A) Documented permanent incapacity. 
‘‘(B) Documented neglect of duty. 
‘‘(C) Documented malfeasance. 
‘‘(D) Documented conviction of a felony or con-
duct involving moral turpitude. 
‘‘(E) Documented knowing violation of a law or 
regulation. 
‘‘(F) Documented gross mismanagement. 
‘‘(G) Documented gross waste of funds. 
‘‘(H) Documented abuse of authority. 
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‘‘(I) Documented inefficiency.’’. 
Subtitle B—Inspectors General of 
Intelligence Community 
SEC. 711. INDEPENDENCE OF INSPECTORS GENERAL OF 
THE INTELLIGENCE COMMUNITY. 
(a) IN GENERAL.—The National Security Act of 
1947 (50 U.S.C. 3001 et seq.) is amended by adding at 
the end the following new title: 
‘‘TITLE XII—MATTERS REGARD-
ING 
INSPECTORS 
GENERAL 
OF ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
‘‘Subtitle A—Inspectors General 
‘‘SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL. 
‘‘(a) REMOVAL.—A covered Inspector General may be 
removed from office only by the head official. The head 
official may remove a covered Inspector General only for 
any of the following grounds: 
‘‘(1) Documented permanent incapacity. 
‘‘(2) Documented neglect of duty. 
‘‘(3) Documented malfeasance. 
‘‘(4) Documented conviction of a felony or con-
duct involving moral turpitude. 
‘‘(5) Documented knowing violation of a law or 
regulation. 
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‘‘(6) Documented gross mismanagement. 
‘‘(7) Documented gross waste of funds. 
‘‘(8) Documented abuse of authority. 
‘‘(9) Documented Inefficiency. 
‘‘(b) ADMINISTRATIVE LEAVE.—A covered Inspector 
General may be placed on administrative leave only by the 
head official. The head official may place a covered Inspec-
tor General on administrative leave only for any of the 
grounds specified in subsection (a). 
‘‘(c) NOTIFICATION.—The head official may not re-
move a covered Inspector General under subsection (a) or 
place a covered Inspector General on administrative leave 
under subsection (b) unless— 
‘‘(1) the head official transmits in writing to 
the appropriate congressional committees a notifica-
tion of such removal or placement, including an ex-
planation of the documented grounds specified in 
subsection (a) for such removal or placement; and 
‘‘(2) with respect to the removal of a covered 
Inspector General, a period of 30 days elapses fol-
lowing the date of such transmittal. 
‘‘(d) REPORT.—Not later than 30 days after the date 
on which the head official notifies a covered Inspector 
General of being removed under subsection (a) or placed 
on administrative leave under subsection (b), the office of 
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that Inspector General shall submit to the appropriate 
congressional committees a report containing— 
‘‘(1) a description of the facts and cir-
cumstances of any pending complaint, investigation, 
inspection, audit, or other review or inquiry, includ-
ing any information, allegation, or complaint re-
ported to the Attorney General in accordance with 
section 535 of title 28, United States Code, that the 
Inspector General was working on as of the date of 
such removal or placement; and 
‘‘(2) any other significant matter that the office 
of the Inspector General determines appropriate. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a personnel action of 
a covered Inspector General otherwise authorized by law, 
other than transfer or removal. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATIVE LEAVE.—The term ‘ad-
ministrative leave’ includes any other type of paid or 
unpaid non-duty status. 
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the congressional intelligence commit-
tees; and 
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‘‘(B) the Committee on Oversight and Re-
form of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate. 
‘‘(3) HEAD OFFICIAL.—The term ‘head official’ 
means— 
‘‘(A) with respect to the position of a cov-
ered Inspector General that requires appoint-
ment by the President, by and with the advice 
and consent of the Senate, the President; and 
‘‘(B) with respect to the position of a cov-
ered Inspector General that requires appoint-
ment by a head of a department or agency of 
the Federal Government, the head of such de-
partment or agency.’’. 
(b) DEFINITION.—Section 3 of such Act (50 U.S.C. 
3003) is amended by adding at the end the following new 
paragraph: 
‘‘(8) The term ‘covered Inspector General’ 
means each of the following: 
‘‘(A) The Inspector General of the Intel-
ligence Community. 
‘‘(B) The Inspector General of the Central 
Intelligence Agency. 
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‘‘(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.’’. 
(c) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of the National Security Act of 1947 is 
amended by adding after the items relating to title XI the 
end the following new items: 
‘‘TITLE XII—MATTERS REGARDING INSPECTORS GENERAL OF 
ELEMENTS OF THE INTELLIGENCE COMMUNITY 
‘‘SUBTITLE A—INSPECTORS GENERAL 
‘‘Sec. 1201. Independence of Inspectors General.’’. 
SEC. 712. AUTHORITY OF INSPECTORS GENERAL OF THE 
INTELLIGENCE COMMUNITY TO DETERMINE 
MATTERS OF URGENT CONCERN. 
(a) DETERMINATION.— 
(1) IN GENERAL.—Title XII of the National Se-
curity Act of 1947, as added by section 711, is 
amended by inserting after section 1201 the fol-
lowing new section: 
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‘‘SEC. 1203. DETERMINATION OF MATTERS OF URGENT 
CONCERN. 
‘‘(a) DETERMINATION.—Each covered Inspector 
General shall have sole authority to determine whether any 
complaint or information reported to the Inspector Gen-
eral is a matter of urgent concern. Such determination is 
final and conclusive. 
‘‘(b) FOREIGN INTERFERENCE IN ELECTIONS.—In 
addition to any other matter which is considered an urgent 
concern pursuant to section 103H(k)(5)(G), section 
17(d)(5)(G) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable pro-
vision of law, the term ‘urgent concern’ includes a serious 
or flagrant problem, abuse, violation of law or Executive 
order, or deficiency relating to foreign interference in elec-
tions in the United States.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of the National Security Act 
of 1947 is amended by inserting after the item relat-
ing to section 1201, as added by section 711, the 
following new item: 
‘‘Sec. 1203. Determination of matters of urgent concern.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
INTELLIGENCE
COMMUNITY.—Section 
103H(k)(5)(G) of the National Security Act of 1947 
(50 U.S.C. 3033(k)(5)(G)) is amended by striking 
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‘‘In this paragraph’’ and inserting ‘‘In accordance 
with section 1203, in this paragraph’’. 
(2) CENTRAL INTELLIGENCE AGENCY.—Section 
17(d)(5)(G) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended by 
striking ‘‘In this paragraph’’ and inserting ‘‘In ac-
cordance with section 1203 of the National Security 
Act of 1947, in this paragraph’’. 
(c) REPORTS
ON UNRESOLVED DIFFERENCES.— 
Paragraph (3) of section 103H(k) of the National Security 
Act of 1947 (50 U.S.C. 3033(k)) is amended by adding 
at the end the following new subparagraph: 
‘‘(C) With respect to each report submitted pursuant 
to subparagraph (A)(i), the Inspector General shall in-
clude in the report, at a minimum— 
‘‘(i) a general description of the unresolved dif-
ferences, the particular duties or responsibilities of 
the Inspector General involved, and, if such dif-
ferences relate to a complaint or information under 
paragraph (5), a description of the complaint or in-
formation and the entities or individuals identified in 
the complaint or information; and 
‘‘(ii) to the extent such differences can be at-
tributed not only to the Director but also to any 
other official, department, agency, or office within 
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the executive branch, or a component thereof, the ti-
tles of such official, department, agency, or office.’’. 
(d) CLARIFICATION OF ROLE OF DIRECTOR OF NA-
TIONAL INTELLIGENCE.—Section 102A(f)(1) of such Act 
(50 U.S.C. 3024(f)(1)) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) The authority of the Director of National 
Intelligence under subparagraph (A) includes coordi-
nating and supervising activities undertaken by ele-
ments of the intelligence community for the purpose 
of protecting the United States from any foreign in-
terference in elections in the United States.’’. 
SEC. 713. CONFORMING AMENDMENTS AND COORDINATION 
WITH OTHER PROVISIONS OF LAW. 
(a) INTELLIGENCE COMMUNITY.—Paragraph (4) of 
section 103H(c) of the National Security Act of 1947 (50 
U.S.C. 3033(c)) is amended to read as follows: 
‘‘(4) The provisions of title XII shall apply to the In-
spector General with respect to the removal of the Inspec-
tor General and any other matter relating to the Inspector 
General as specifically provided for in such title.’’. 
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(b) CENTRAL INTELLIGENCE AGENCY.—Paragraph 
(6) of section 17(b) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 3517(b)) is amended to read as fol-
lows: 
‘‘(6) The provisions of title XII of the National Secu-
rity Act of 1947 shall apply to the Inspector General with 
respect to the removal of the Inspector General and any 
other matter relating to the Inspector General as specifi-
cally provided for in such title.’’. 
(c) OTHER ELEMENTS.— 
(1) IN GENERAL.—Title XII of the National Se-
curity Act of 1947, as added by section 711, is fur-
ther amended by inserting after section 1203, as 
added by section 712(a), the following new section: 
‘‘SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF 
LAW. 
‘‘No provision of law that is inconsistent with any 
provision of this title shall be considered to supersede, re-
peal, or otherwise modify a provision of this title unless 
such other provision of law specifically cites a provision 
of this title in order to supersede, repeal, or otherwise 
modify that provision of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of the National Security Act 
of 1947 is amended by inserting after the item relat-
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ing to section 1203, as added by section 713, the 
following new item: 
‘‘Sec. 1205. Coordination with other provisions of law.’’. 
Subtitle C—Congressional 
Notification 
SEC. 721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Inspector General 
Protection Act’’. 
SEC. 722. CONGRESSIONAL NOTIFICATION OF CHANGE IN 
STATUS OF INSPECTOR GENERAL. 
(a) CHANGE IN STATUS OF INSPECTOR GENERAL OF 
OFFICES.—Section 3(b) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended— 
(1) by inserting ‘‘, is placed on paid or unpaid 
non-duty status,’’ after ‘‘is removed from office’’; 
(2) by inserting ‘‘, change in status,’’ after 
‘‘any such removal’’; and 
(3) by inserting ‘‘, change in status,’’ after ‘‘be-
fore the removal’’. 
(b) CHANGE IN STATUS OF INSPECTOR GENERAL OF 
DESIGNATED FEDERAL ENTITIES.—Section 8G(e)(2) of 
the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) by inserting ‘‘, is placed on paid or unpaid 
non-duty status,’’ after ‘‘office’’; 
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(2) by inserting ‘‘, change in status,’’ after 
‘‘any such removal’’; and 
(3) by inserting ‘‘, change in status,’’ after ‘‘be-
fore the removal’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 30 days after the date of the 
enactment of this Act. 
SEC. 723. PRESIDENTIAL EXPLANATION OF FAILURE TO 
NOMINATE AN INSPECTOR GENERAL. 
(a) IN GENERAL.—Subchapter III of chapter 33 of 
title 5, United States Code, is amended by inserting after 
section 3349d the following new section: 
‘‘§ 3349e. Presidential explanation of failure to nomi-
nate an Inspector General 
‘‘If the President fails to make a formal nomination 
for a vacant Inspector General position that requires a for-
mal nomination by the President to be filled within the 
period beginning on the date on which the vacancy oc-
curred and ending on the day that is 210 days after that 
date, the President shall communicate, within 30 days 
after the end of such period, to Congress in writing— 
‘‘(1) the reasons why the President has not yet 
made a formal nomination; and 
‘‘(2) a target date for making a formal nomina-
tion.’’. 
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100 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 33 of title 5, United States Code, is amended 
by inserting after the item relating to 3349d the following 
new item: 
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to any vacancy first oc-
curring on or after that date. 
TITLE VIII—PROTECTING 
WHISTLEBLOWERS 
Subtitle A—Whistleblower 
Protection Improvement 
SEC. 801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Whistleblower Pro-
tection Improvement Act of 2020’’. 
SEC. 802. ADDITIONAL WHISTLEBLOWER PROTECTIONS. 
(a) INVESTIGATIONS AS PERSONNEL ACTIONS.— 
(1) IN
GENERAL.—Section 2302(a)(2)(A) of 
title 5, United States Code, is amended— 
(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) by redesignating clause (xii) as clause 
(xiii); and 
(C) by adding after the clause (xi) the fol-
lowing: 
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101 
‘‘(xii) the opening of any investigation 
as a result of a disclosure protected by 
subsection (b)(8) (but not including any 
investigation that is ministerial or nondis-
cretionary or that is conducted by an In-
spector General or Special Inspector Gen-
eral under the authority of the Inspector 
General Act of 1978 or any other law 
granting authority to an Inspector General 
or Special Inspector General); and’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any investigation 
opened 
(as 
described 
under 
section 
2302(a)(2)(A)(xii) of title 5, United States Code, as 
added by such paragraph) on or after the date of en-
actment of this Act. 
(b) RIGHT TO PETITION CONGRESS.— 
(1) IN GENERAL.—Section 2302(b)(9) of title 
5, United States Code, is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by adding ‘‘or’’ 
at the end after the semicolon; and 
(C) by adding at the end the following: 
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102 
‘‘(E) the exercise of any right protected 
under section 7211;’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to the exercise of any 
right described in section 2302(b)(9)(E) of title 5, 
United States Code, as added by paragraph (1), oc-
curring 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 
who 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; 
‘‘(B) the communication or transmission is 
made in accordance with the provisions of section 
552a; 
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103 
‘‘(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 
2302 of title 5, United States Code, as added by 
paragraph (1), made on or after the date of enact-
ment of this Act. 
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104 
(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 the 
Congress; 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— 
‘‘(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 in subsection (a); or 
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‘‘(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 protected in 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-
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; 
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106 
‘‘(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. 803. 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 
subsection disclosed a violation of law, rule, or regu-
lation, or gross waste, gross mismanagement, abuse 
of authority, or a substantial and specific danger to 
public health or safety, by any officer or employee 
of an Office of Inspector General, the Special Coun-
sel may refer the matter to the Committee of Inspec-
tors General for Integrity and Efficiency, which shall 
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107 
comply with the standards and procedures applicable 
to investigations and reports under subsection (c).’’. 
(b) ENSURING TIMELY RELIEF.— 
(1) INDIVIDUAL
RIGHT
OF
ACTION.—Section 
1221 of title 5, United States Code, is amended by 
striking 
‘‘section 
2302(b)(8) 
or 
section 
2302(b)(9)(A)(i), (B), (C), or (D),’’ in each instance 
and 
inserting 
‘‘section 
2302(b)(8), 
section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g),’’. 
(2) STAYS.—Section 1221(c)(2) of title 5, 
United States Code, is amended to read as follows: 
‘‘(2) Any stay requested under paragraph (1) 
shall be granted within 10 calendar days (excluding 
Saturdays, Sundays, and legal holidays) after the 
date the request is made, if the Board determines 
that such a stay would be appropriate. If the stay 
request is denied, the employee, former employee, or 
applicant may, within 7 days after receiving notice 
of the denial, file an appeal for expedited review by 
the Board. The agency shall have 7 days thereafter 
to respond. The Board shall provide a decision not 
later than 21 days after receiving the appeal. During 
the period of appeal, both parties may supplement 
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108 
the record with information unavailable to them at 
the time the stay was first requested.’’. 
(3) 
ACCESS
TO
DISTRICT
COURT; 
JURY 
TRIALS.—Section 1221(i) of title 5, United States 
Code, is amended— 
(A) by striking ‘‘(i) Subsections’’ and in-
serting ‘‘(i)(1) Subsections’’; and 
(B) by adding at the end the following: 
‘‘(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 
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 
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109 
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 which the court con-
siders appropriate, including any relief described in 
subsection (g).’’. 
(c) 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’’. 
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110 
(d) ATTORNEY FEES.—Section 7703(a) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) If an employee, former employee, or appli-
cant for employment is the prevailing party under 
an appeal under this section, the employee, former 
employee, or applicant for employment shall be enti-
tled to attorney fees for all representation carried 
out pursuant to this section. In such an action for 
attorney fees, the agency responsible for taking the 
personnel action shall be the respondent and shall be 
responsible for paying the fees.’’. 
(e) EXTENDING WHISTLEBLOWER PROTECTION ACT 
TO CERTAIN EMPLOYEES.—Section 2302(a)(2)(A) of title 
5, United States Code, is amended in the matter following 
clause (xiii)— 
(1) by inserting ‘‘subsection (b)(9)(A)(i), (B), 
(C), (D), or (E), subsection (b)(13), or subsection 
(g),’’ after ‘‘subsection (b)(8),’’; and 
(2) by inserting after ‘‘title 31’’ the following: 
‘‘, a commissioned officer or applicant for employ-
ment in the Public Health Service, and a noncareer 
appointee in the Senior Executive Service’’. 
(f) RELIEF.—Section 7701(b)(2)(A) of title 5, 
United States Code, is amended by striking ‘‘upon the 
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111 
making of the decision’’ and inserting ‘‘upon making of 
the decision, necessary to make the employee whole as if 
there had been no prohibited personnel practice, including 
training, seniority and promotions consistent with the em-
ployee’s prior record,’’. 
SEC. 804. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE 
PERSONNEL ACTIONS. 
(a) IN GENERAL.—Section 7512 of title 5, United 
States Code, is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) a furlough of more than 14 days but less 
than 30 days; and 
‘‘(6) a furlough of 13 days or less that is not 
due to a lapse in appropriations;’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any furlough covered by such 
section 7512(5) or (6) (as amended by such subsection) 
occurring on or after the date of enactment of this Act. 
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113 
‘‘(aa) any violation of law, rule, or 
regulation; or 
‘‘(bb) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(II) such disclosure is not specifically 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 
‘‘(ii) 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— 
‘‘(aa) any violation of law, rule, or 
regulation; or 
‘‘(bb) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; and 
‘‘(II) the disclosure is made to the Special 
Counsel, or to the Inspector General of an 
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114 
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 under subsection (f)(1) 
or (2). 
‘‘(4) Nothing in this subsection shall be construed to 
imply any limitation on the protections of employees and 
applicants afforded by any other provision of law, 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 (Public 
Law 112–199) is hereby repealed. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit or otherwise affect 
any action under such section 110 commenced be-
fore the date of enactment of this Act or any protec-
tions afforded by such section with respect to such 
action. 
SEC. 806. TECHNICAL AND CONFORMING AMENDMENTS. 
Title 5, United States Code, is amended— 
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(1) in section 1212(h), by striking ‘‘or (9)’’ in 
each instance and inserting ‘‘, (b)(9), (b)(13), or 
(g)’’; 
(2) in section 1214(a)— 
(A) by striking ‘‘section 2302(b)(8) or sec-
tion 2302(b)(9)(A)(i), (B), (C), or (D)’’ in each 
instance and inserting ‘‘section 2302(b)(8), sec-
tion 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, by striking ‘‘section 
2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)’’ in 
each instance and inserting ‘‘section 2302(b)(8), sec-
tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
2302(b)(13), or section 2302(g)’’; 
(4) in section 2302— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting ‘‘or 
(g)’’ after ‘‘subsection (b)’’; and 
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116 
(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 
‘‘section 
2302(b)(8), 
section 
2302(b)(9)(A)(i), (B), (C), (D), or (E), 
section 2302(b)(13), or section 2302(g)’’; 
and 
(B) in subsection (c)(1)(B), by striking 
‘‘paragraph (8) or subparagraph (A)(i), (B), 
(C), or (D) of paragraph (9) of subsection (b)’’ 
and inserting ‘‘paragraph (8), subparagraph 
(A)(i), (B), (C), or (D) of paragraph (9), or 
paragraph (13) of subsection (b) or subsection 
(g)’’; 
(5) in section 7515(a)(2), by striking ‘‘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 inserting ‘‘or 
section 2302(g)’’ after ‘‘section 2302(b)’’; 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)’’ in each instance and inserting ‘‘section 
2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), 
or (E), section 2302(b)(13), or section 2302(g)’’. 
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Subtitle B—Reauthorization of 
Merit Systems Protection Board 
SEC. 811. SHORT TITLE. 
This subtitle may be cited as the ‘‘Merit Systems Pro-
tection Board Empowerment Act of 2020’’. 
SEC. 812. REAUTHORIZATION OF MERIT SYSTEMS PROTEC-
TION BOARD. 
Section 8(a)(1) of the Whistleblower Protection Act 
of 1989 (5 U.S.C. 5509 note) is amended by striking 
‘‘2003, 2004, 2005, 2006, and 2007’’ and inserting 
‘‘2021, 2022, 2023, 2024, and 2025’’. 
SEC. 813. AUTHORIZATION OF FEDERAL EMPLOYEE SUR-
VEYS FOR MERIT SYSTEMS STUDIES. 
Section 1204(e)(3) of title 5, United States Code, is 
amended by— 
(1) striking ‘‘(3) In carrying’’ and inserting 
‘‘(3)(A) In carrying’’; and 
(2) adding at the end the following: 
‘‘(B) The Office of Personnel Management and other 
agencies shall— 
‘‘(i) provide assistance to the Board to facilitate 
the conduct by the Board of surveys of employees; 
and 
‘‘(ii) upon request, unless otherwise prohibited 
by law, provide to the Board records and informa-
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118 
tion concerning applicants for Federal employ-
ment.’’. 
SEC. 814. WHISTLEBLOWER TRAINING FOR MSPB ADMINIS-
TRATIVE JUDGES. 
Section 7701(b)(1) of title 5, United States Code, is 
amended to read as follows: 
‘‘(1)(A) The Board may hear any case appealed 
to it or may refer the case to an administrative law 
judge appointed under section 3105 or other em-
ployee of the Board designated by the Board to hear 
such cases, except that any case involving— 
‘‘(i) a removal from the service shall be 
heard by the Board, an employee experienced in 
hearing appeals, or an administrative law judge; 
and 
‘‘(ii) an alleged prohibited personnel prac-
tice in violation of section 2302(b)(8), section 
2302(b)(9)(A)(i), (B), (C) or (D), or section 
2302(b)(13) shall be heard by the Board or an 
administrative law judge or other employee of 
the Board designated by the Board to hear 
such cases who has successfully completed 
training regarding protections afforded by the 
Whistleblower Protection Act of 1989. 
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119 
‘‘(B) The Board, administrative law judge, or 
other employee shall make a decision after receipt of 
the written representations of the parties to the ap-
peal and after opportunity for a hearing under sub-
section (a)(1) of this section. A copy of the decision 
shall be furnished to each party to the appeal and 
to the Office of Personnel Management.’’. 
Subtitle C—Whistleblowers of the 
Intelligence Community 
SEC. 821. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
(a) IN GENERAL.—Title XII of the National Security 
Act of 1947, as added by section 711, is further amended 
by inserting after section 1205, as added by section 
713(c), the following new subtitle: 
‘‘Subtitle B—Protections for 
Whistleblowers 
‘‘SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE 
COMMUNITY WHISTLEBLOWER COMPLAINTS 
WITH 
PERSONS 
NAMED 
IN 
SUCH 
COM-
PLAINTS. 
‘‘(a) IN GENERAL.—It shall be unlawful for any em-
ployee or officer of the Federal Government to knowingly 
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120 
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 Government— 
‘‘(A) determines that such sharing is nec-
essary to advance an investigation by the attor-
ney; and 
‘‘(B) notifies the whistleblower of such 
sharing before the sharing occurs. 
‘‘(b) WHISTLEBLOWER DISCLOSURE INFORMATION 
DEFINED.—In this section, the term ‘whistleblower disclo-
sure information’ means, with respect to a whistleblower 
disclosure— 
‘‘(1) the disclosure; 
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121 
‘‘(2) confirmation of the fact of the existence of 
the disclosure; or 
‘‘(3) the identity, or other identifying informa-
tion, of the whistleblower who made the disclosure.’’. 
(b) TECHNICAL AND CLERICAL AMENDMENTS.— 
(1) TRANSFER.—The National Security Act of 
1947 (50 U.S.C. 3001 et seq.) is amended as fol-
lows: 
(A) Section 1104 is— 
(i) transferred to title XII of such 
Act, as added by section 711; 
(ii) inserted before section 1223 of 
such Act, as added by this section; and 
(iii) redesignated as section 1221. 
(B) Section 1106 is— 
(i) amended by striking ‘‘section 
1104’’ each place it appears and inserting 
‘‘section 1221’’; 
(ii) transferred to title XII of such 
Act, as added by section 711; 
(iii) inserted after section 1223 of 
such Act, as added by this section; and 
(iv) redesignated as section 1225. 
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122 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of the National Security Act 
of 1947 is amended— 
(A) by striking the items relating to sec-
tion 1104 and section 1106; and 
(B) by inserting after the item relating to 
section 1205 the following new items: 
‘‘SUBTITLE B—PROTECTIONS FOR WHISTLEBLOWERS 
‘‘Sec. 1221. Prohibited personnel practices in the intelligence community. 
‘‘Sec. 1223. Limitation on sharing of intelligence community whistleblower com-
plaints with persons named in such complaints. 
‘‘Sec. 1225. Inspector General external review panel.’’. 
(c) DEFINITIONS.—Section 3 of such Act (50 U.S.C. 
3003), as amended by section 711, is further amended by 
adding at the end the following new paragraphs: 
‘‘(9) The term ‘whistleblower’ means a person 
who makes a whistleblower disclosure. 
‘‘(10) The term ‘whistleblower disclosure’ 
means a disclosure that is protected under section 
1221 of this Act or section 3001(j)(1) of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(j)).’’. 
(d) CONFORMING AMENDMENT.—Section 5331 of the 
Damon Paul Nelson and Matthew Young Pollard Intel-
ligence Authorization Act for Fiscal Years 2018, 2019, 
and 2020 (division E of Public Law 116–92; 50 U.S.C. 
3033 note) is amended by striking ‘‘section 1104 of the 
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123 
National Security Act of 1947 (50 U.S.C. 3234)’’ and in-
serting ‘‘section 1221 of the National Security Act of 
1947’’. 
SEC. 822. DISCLOSURES TO CONGRESS. 
(a) IN GENERAL.—Title XII of the National Security 
Act of 1947, as added by section 711, is further amended 
by inserting after section 1225, as designated by section 
821(b), the following new section: 
‘‘SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO 
CONGRESS. 
‘‘(a) GUIDANCE.— 
‘‘(1) OBLIGATION
TO
PROVIDE
SECURITY
DI-
RECTION UPON REQUEST.—Upon the request of a 
whistleblower, the head of the relevant element of 
the intelligence community, acting through the cov-
ered Inspector General for that element, shall fur-
nish on a confidential basis to the whistleblower in-
formation regarding how the whistleblower may di-
rectly contact the congressional intelligence commit-
tees, in accordance with appropriate security prac-
tices, regarding a complaint or information of the 
whistleblower pursuant to section 103H(k)(5)(D) or 
other appropriate provision of law. 
‘‘(2) NONDISCLOSURE.—Unless a whistleblower 
who makes a request under paragraph (1) provides 
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124 
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 
a permanent security officer in the element to provide to 
whistleblowers the information under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of the National Security Act of 1947 is 
amended by inserting after the item relating to section 
1225, as added by section 821(b), the following new item: 
‘‘Sec. 1227. Procedures regarding disclosures to Congress.’’. 
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125 
(c) 
CONFORMING
AMENDMENT.—Section 
103H(k)(5)(D)(i) of the National Security Act of 1947 
(50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the 
end the following: ‘‘The employee may request information 
pursuant to section 1227 with respect to contacting such 
committees.’’. 
SEC. 823. PROHIBITION AGAINST DISCLOSURE OF WHIS-
TLEBLOWER 
IDENTITY 
AS 
REPRISAL 
AGAINST WHISTLEBLOWER DISCLOSURE BY 
EMPLOYEES AND CONTRACTORS IN INTEL-
LIGENCE COMMUNITY. 
(a) IN GENERAL.—Paragraph (3) of subsection (a) 
of section 1221 of the National Security Act of 1947, as 
designated by section 821(b)(1)(A), is amended— 
(1) in subparagraph (I), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and 
(3) by inserting after subparagraph (I) the fol-
lowing: 
‘‘(J) a knowing and willful disclosure re-
vealing the identity or other personally identifi-
able information of such employee or such con-
tractor employee without the express written 
consent of such employee or such contractor 
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126 
employee or if the Inspector General determines 
such disclosure is necessary for the exclusive 
purpose of investigating a complaint or infor-
mation received under section 8H of the Inspec-
tor General Act of 1978 (5 U.S.C. App. 8H); 
or’’. 
(b) APPLICABILITY TO DETAILEES.—Such subsection 
is amended by adding at the end the following: 
‘‘(5) EMPLOYEE.—The term ‘employee’, with 
respect to an agency or a covered intelligence com-
munity element, includes an individual who has been 
detailed to such agency or covered intelligence com-
munity element.’’. 
(c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS-
CLOSURE
OF WHISTLEBLOWER IDENTITY.—Subsection 
(d) of such section is amended to read as follows: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the President shall provide 
for the enforcement of this section. 
‘‘(2) PRIVATE RIGHT OF ACTION FOR UNLAW-
FUL, WILLFUL
DISCLOSURE
OF
WHISTLEBLOWER 
IDENTITY.—In a case in which an employee of an 
agency, or other employee or officer of the Federal 
Government, takes a personnel action described in 
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127 
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.’’. 
TITLE IX—ACCOUNTABILITY 
FOR ACTING OFFICIALS 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Accountability for Act-
ing Officials Act’’. 
SEC. 902. CLARIFICATION OF FEDERAL VACANCIES RE-
FORM ACT OF 1998. 
(a) FIRST
ASSISTANT
REQUIREMENTS.—Section 
3345 of title 5, United States Code, is amended as follows: 
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(1) In subsection (a)— 
(A) in paragraph (1), by adding at the end 
before the semi-colon the following: ‘‘, but, and 
except as provided in subsection (e), only if the 
individual serving in the position of first assist-
ant has occupied such position for a period of 
at least 30 days during the 365-day period pre-
ceding the date of the death, resignation, or be-
ginning of inability to serve’’; and 
(B) by striking subparagraph (A) of para-
graph (3) and inserting the following: 
‘‘(A) the officer or employee served in a 
position in such agency for a period of at least 
1 year preceding the date of death, resignation, 
or beginning of inability to serve of the applica-
ble officer; and’’. 
(2) By adding at the end the following: 
‘‘(d) For purposes of this section, a position shall be 
considered to be the first assistant to the office with re-
spect to which a vacancy occurs only if such position has 
been designated, at least 30 days before the date of the 
vacancy, by law, rule, or regulation as the first assistant 
position. The previous sentence shall begin to apply on the 
date that is 180 days after the date of enactment of the 
Accountability for Acting Officials Act. 
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129 
‘‘(e) The 30-day service requirement in subsection 
(a)(1) shall not apply to any individual who is a first as-
sistant if— 
‘‘(1) the office of such first assistant is an of-
fice for which appointment is required to be made by 
the President, by and with the advice and consent 
of the Senate; and 
‘‘(2) the Senate has approved the appointment 
of such individual to such office.’’. 
(b) QUALIFICATIONS.—Section 3345(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(3) Any individual directed to perform the functions 
and duties of the vacant office temporarily in an acting 
capacity under subsection (a)(2) or (f) shall possess the 
qualifications (if any) set forth in law, rule, or regulation 
that are otherwise applicable to an individual appointed 
by the President, by and with the advice and consent of 
the Senate, to occupy such office.’’. 
(c) APPLICATION TO INDIVIDUALS REMOVED FROM 
OFFICE.—Paragraph (2) of section 3345(c) of title 5, 
United States Code, is amended by inserting after ‘‘the 
expiration of a term of office’’ the following: ‘‘or removal 
(voluntarily or involuntarily) from office’’. 
(d) VACANCY OF INSPECTOR GENERAL POSITIONS.— 
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130 
(1) IN
GENERAL.—Section 3345 of title 5, 
United States Code, as amended by subsection 
(a)(2), is further amended by adding at the end the 
following: 
‘‘(f)(1) Notwithstanding subsection (a), if an Inspec-
tor General position that requires appointment by the 
President by and with the advice and consent of the Sen-
ate to be filled is vacant, the first assistant of such posi-
tion shall perform the functions and duties of the Inspec-
tor General temporarily in an acting capacity subject to 
the time limitations of section 3346. 
‘‘(2) Notwithstanding subsection (a), if for purposes 
of carrying out paragraph (1) of this subsection, by reason 
of absence, disability, or vacancy, the first assistant to the 
position of Inspector General is not available to perform 
the functions and duties of the Inspector General, an act-
ing Inspector General shall be appointed by the President 
from among individuals serving in an office of any Inspec-
tor General, provided that— 
‘‘(A) during the 365-day period preceding the 
date of death, resignation, or beginning of inability 
to serve of the applicable Inspector General, the in-
dividual served in a position in an office of any In-
spector General for not less than 90 days; and 
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131 
‘‘(B) the rate of pay for the position of such in-
dividual is equal to or greater than the minimum 
rate of pay payable for a position at GS–15 of the 
General Schedule.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any vacancy first occur-
ring with respect to an Inspector General position on 
or after the date of enactment of this Act. 
(e) TESTIMONY OF ACTING OFFICIALS BEFORE CON-
GRESS.—Section 3345 of title 5, United States Code, as 
amended by subsection (d)(1), is further amended by add-
ing at the end the following: 
‘‘(g)(1) Any individual serving as an acting officer 
due to a vacancy to which this section applies, or any indi-
vidual who has served in such capacity and continues to 
perform the same or similar duties beyond the time limits 
described in section 3346, shall appear, at least once dur-
ing any 60-day period that the individual is so serving, 
before the appropriate committees of jurisdiction of the 
House of Representatives and the Senate. 
‘‘(2) Paragraph (1) may be waived upon mutual 
agreement of the chairs and ranking minority members 
of such committees.’’. 
(f) TIME LIMITATION FOR PRINCIPAL OFFICERS.— 
Section 3346 of title 5, United States Code, is amended— 
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132 
(1) in subsection (a), by inserting ‘‘or as pro-
vided in subsection (d)’’ after ‘‘sickness’’; and 
(2) by adding at the end the following: 
‘‘(d) With respect to the vacancy of the position of 
head of any agency listed in subsection (b) of section 901 
of title 31, or any other position that is within the Presi-
dent’s cabinet and to which this section applies, sub-
sections (a) through (c) of this section and sections 
3348(c), 3349(b), and 3349a(b) shall be applied by sub-
stituting ‘120’ for ‘210’ in each instance.’’. 
(g) EXCLUSIVITY.—Section 3347 of title 5, United 
States Code, is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Notwithstanding subsection (a), any statutory 
provision covered under paragraph (1) of such subsection 
that contains a non-discretionary order or directive to des-
ignate an officer or employee to perform the functions and 
duties of a specified office temporarily in an acting capac-
ity shall be the exclusive means for temporarily author-
izing an acting official to perform the functions and duties 
of such office.’’. 
(h) REPORTING OF VACANCIES.— 
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133 
(1) IN
GENERAL.—Section 3349 of title 5, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘immediately upon’’ in 
each instance and inserting ‘‘not later than 
7 days after’’; 
(ii) in paragraph (3), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (4), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(5) notification of the end of the term of serv-
ice of any person serving in an acting capacity and 
the name of any subsequent person serving in an 
acting capacity and the date the service of such sub-
sequent person began not later than 7 days after 
such date.’’; and 
(B) in subsection (b), by striking ‘‘imme-
diately’’ and inserting ‘‘not later than 14 days 
after the date of such determination’’. 
(2) 
TECHNICAL
CORRECTIONS.—Paragraphs 
(1) and (2) of subsection (b) of such section 3349 
are amended to read as follows: 
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134 
‘‘(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
‘‘(2) the Committee on Oversight and Reform 
of the House of Representatives;’’. 
(i) VACANCIES DURING PRESIDENTIAL INAUGURAL 
TRANSITIONS.—Subsection (b) of section 3349a of title 5, 
United States Code, is amended to read as follows: 
‘‘(b) Notwithstanding section 3346 (except as pro-
vided in paragraph (2) of this subsection) or 3348(c), with 
respect to any vacancy that exists on a transitional inau-
guration day, or that arises during the 60-day period be-
ginning on such day, the person serving as an acting offi-
cer as described under section 3345 may serve in the of-
fice— 
‘‘(1) for no longer than 300 days beginning on 
such day; or 
‘‘(2) subject to subsection 3346(b), once a first 
or second nomination for the office is submitted to 
the Senate, from the date of such nomination for the 
period that the nomination is pending in the Sen-
ate.’’. 
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135 
TITLE 
X—STRENGTHENING 
HATCH ACT ENFORCEMENT 
AND PENALTIES 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Hatch Act Account-
ability Act’’. 
SEC. 1002. STRENGTHENING HATCH ACT ENFORCEMENT 
AND PENALTIES AGAINST POLITICAL AP-
POINTEES. 
(a) INVESTIGATIONS BY OFFICE OF SPECIAL COUN-
SEL.—Section 1216 of title 5, United States Code, as 
amended by section 307, is amended— 
(1) in subsection (c), by striking ‘‘(1),’’; and 
(2) by adding at the end the following: 
‘‘(e)(1) In addition to the authority otherwise pro-
vided in this chapter, the Special Counsel— 
‘‘(A) shall conduct an investigation with respect 
to any allegation concerning political activity prohib-
ited under subchapter III of chapter 73 (relating to 
political activities by Federal employees); and 
‘‘(B) may, regardless of whether the Special 
Counsel has received an allegation, conduct any in-
vestigation as the Special Counsel considers nec-
essary concerning political activity prohibited under 
such subchapter. 
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‘‘(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) Consistent with paragraph (3), if after an in-
vestigation under subsection (d)(1) the Special Counsel 
determines that a political appointee has violated section 
7323 or 7324, the Special Counsel may assess an adminis-
trative fine, not to exceed $50,000, against such political 
appointee. 
‘‘(2)(A) Any political appointee assessed a fine under 
paragraph (1) shall have the opportunity to request a 
hearing in a time and manner prescribed for by regula-
tions issued by the Special Counsel. 
‘‘(B) If a political appointee assessed a fine under 
paragraph (1) does not request a hearing under subpara-
graph (A), the decision of the Special Counsel finding a 
violation and assessing a fine shall be considered a final 
decision and shall not be subject to judicial review. 
‘‘(C) If a political appointee requests a hearing under 
subparagraph (A), the Special Counsel shall conduct a 
hearing in accordance with section 554 and issue a final 
decision not more than 30 days after the conclusion of 
the hearing. 
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137 
‘‘(D) Not later than 30 days after the issuance of 
a final decision by the Special Counsel under subpara-
graph (C), the political appointee who is the subject of 
the final decision may file an action seeking judicial review 
in accordance with section 702. 
‘‘(E) Consistent with paragraph (3), the Special 
Counsel may file a civil action in the district courts of the 
United States seeking an order and such other relief as 
the court deems appropriate to enforce a final decision by 
the Special Counsel under this paragraph. 
‘‘(3) The Special Counsel may not assess an adminis-
trative fine or file a civil action to enforce a final decision 
of the Special Counsel under paragraph (2)— 
‘‘(A) unless no disciplinary action or civil 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). 
‘‘(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 
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138 
Counsel on whether the President imposed the rec-
ommended disciplinary action, imposed another form of 
disciplinary action, or took no disciplinary action against 
the political appointee. 
‘‘(B) Not later than 14 days after receiving a written 
statement under subparagraph (A)— 
‘‘(i) the Special Counsel shall submit the writ-
ten statement to the Committee on Oversight and 
Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
‘‘(ii) publish the written statement on the public 
website of the Office of Special Counsel. 
‘‘(5) Not later than 14 days after the date that the 
Special Counsel determines a political appointee has vio-
lated section 7323 or 7324, the Special Counsel shall— 
‘‘(A) submit a report on the investigation into 
such political appointee, and any communications 
sent from the Special Counsel to the President rec-
ommending discipline of such political appointee, to 
the Committee on Oversight and Reform of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate; and 
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139 
‘‘(B) publish the report and such communica-
tions on the public website of the Office of Special 
Counsel. 
‘‘(6) In this subsection, the term ‘political appointee’ 
means any individual, other than the President and the 
Vice-President, employed or holding office— 
‘‘(A) in the Executive Office of the President, 
the Office of the Vice President, and any other office 
of the White House, but not including any career 
employee; or 
‘‘(B) in a confidential, policy-making, policy-de-
termining, or policy-advocating position appointed by 
the President, by and with the advice and consent 
of the Senate (other than an individual in the For-
eign Service of the United States).’’. 
(b) CLARIFICATION ON APPLICATION OF HATCH ACT 
TO EOP AND OVP EMPLOYEES.—Section 7322(1)(A) of 
title 5, United States Code, is amended by inserting after 
‘‘Executive agency’’ the following: ‘‘, including the Execu-
tive Office of the President, the Office of the Vice Presi-
dent, and any other office of the White House,’’. 
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140 
DIVISION C—DEFENDING ELEC-
TIONS AGAINST FOREIGN IN-
TERFERENCE 
TITLE XI—REPORTING FOREIGN 
INTERFERENCE IN ELECTIONS 
SEC. 1101. FEDERAL CAMPAIGN REPORTING OF FOREIGN 
CONTACTS. 
(a) INITIAL NOTICE.— 
(1) IN GENERAL.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104) 
is amended by adding at the end the following new 
subsection: 
‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON-
TACTS.— 
‘‘(1) COMMITTEE
OBLIGATION
TO
NOTIFY.— 
Not later than 1 week after a reportable foreign con-
tact, each political committee shall notify the Fed-
eral Bureau of Investigation and the Commission of 
the reportable foreign contact and provide a sum-
mary of the circumstances with respect to such re-
portable foreign contact. The Federal Bureau of In-
vestigation, not later than 1 week after receiving a 
notification from a political committee under this 
paragraph, shall submit to the political committee, 
the Permanent Select Committee on Intelligence of 
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141 
the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate written or elec-
tronic confirmation of receipt of the notification. 
‘‘(2) INDIVIDUAL
OBLIGATION
TO
NOTIFY.— 
Not later than 3 days after a reportable foreign con-
tact— 
‘‘(A) each candidate and each immediate 
family member of a candidate shall notify the 
treasurer or other designated official of the 
principal campaign committee of such candidate 
of the reportable foreign contact and provide a 
summary of the circumstances with respect to 
such reportable foreign contact; and 
‘‘(B) each official, employee, or agent of a 
political committee shall notify the treasurer or 
other designated official of the committee of the 
reportable foreign contact and provide a sum-
mary of the circumstances with respect to such 
reportable foreign contact. 
‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 
subsection: 
‘‘(A) IN GENERAL.—The term ‘reportable 
foreign contact’ means any direct or indirect 
contact or communication that— 
‘‘(i) is between— 
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142 
‘‘(I) a candidate, an immediate 
family member of the candidate, a po-
litical committee, or any official, em-
ployee, or agent of such committee; 
and 
‘‘(II) an individual that the per-
son described in subclause (I) knows, 
has reason to know, or reasonably be-
lieves is a covered foreign national; 
and 
‘‘(ii) the person described in clause 
(i)(I) knows, has reason to know, or rea-
sonably believes involves— 
‘‘(I) an offer or other proposal 
for a contribution, donation, expendi-
ture, disbursement, or solicitation de-
scribed in section 319; or 
‘‘(II) coordination or collabora-
tion with, an offer or provision of in-
formation or services to or from, or 
persistent and repeated contact with, 
a covered foreign national in connec-
tion with an election. 
‘‘(B) EXCEPTIONS.— 
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143 
‘‘(i) CONTACTS IN OFFICIAL CAPACITY 
AS ELECTED OFFICIAL.—The term ‘report-
able foreign contact’ shall not include any 
contact or communication with a covered 
foreign national by an elected official or an 
employee of an elected official solely in an 
official capacity as such an official or em-
ployee. 
‘‘(ii) CONTACTS
FOR
PURPOSES
OF 
ENABLING
OBSERVATION
OF
ELECTIONS 
BY
INTERNATIONAL
OBSERVERS.—The 
term ‘reportable foreign contact’ shall not 
include any contact or communication with 
a covered foreign national by any person 
which is made for purposes of enabling the 
observation of elections in the United 
States by a foreign national or the obser-
vation of elections outside of the United 
States by a candidate, political committee, 
or any official, employee, or agent of such 
committee. 
‘‘(iii) EXCEPTIONS
NOT
APPLICABLE 
IF
CONTACTS
OR
COMMUNICATIONS
IN-
VOLVE
PROHIBITED
DISBURSEMENTS.—A 
contact or communication by an elected of-
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144 
ficial or an employee of an elected official 
shall not be considered to be made solely 
in an official capacity for purposes of 
clause (i), and a contact or communication 
shall not be considered to be made for pur-
poses of enabling the observation of elec-
tions for purposes of clause (ii), if the con-
tact or communication involves a contribu-
tion, donation, expenditure, disbursement, 
or solicitation described in section 319. 
‘‘(C) COVERED
FOREIGN
NATIONAL
DE-
FINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the 
term 
‘covered 
foreign 
national’ 
means— 
‘‘(I) a foreign principal (as de-
fined in section 1(b) of the Foreign 
Agents Registration Act of 1938 (22 
U.S.C. 611(b))) that is a government 
of a foreign country or a foreign polit-
ical party; 
‘‘(II) any person who acts as an 
agent, representative, employee, or 
servant, or any person who acts in 
any other capacity at the order, re-
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145 
quest, or under the direction or con-
trol, of a foreign principal described in 
subclause (I) or of a person any of 
whose activities are directly or indi-
rectly supervised, directed, controlled, 
financed, or subsidized in whole or in 
major part by a foreign principal de-
scribed in subclause (I); or 
‘‘(III) any person included in the 
list of specially designated nationals 
and blocked persons maintained by 
the Office of Foreign Assets Control 
of the Department of the Treasury 
pursuant to authorities relating to the 
imposition of sanctions relating to the 
conduct of a foreign principal de-
scribed in subclause (I). 
‘‘(ii) CLARIFICATION REGARDING AP-
PLICATION TO CITIZENS OF THE UNITED 
STATES.—In the case of a citizen of the 
United States, subclause (II) of clause (i) 
applies only to the extent that the person 
involved acts within the scope of that per-
son’s status as the agent of a foreign prin-
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146 
cipal described in subclause (I) of clause 
(i). 
‘‘(4) IMMEDIATE
FAMILY
MEMBER.—In this 
subsection, the term ‘immediate family member’ 
means, with respect to a candidate, a parent, parent- 
in-law, spouse, adult child, or sibling.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to report-
able foreign contacts which occur on or after the 
date of the enactment of this Act. 
(b) INFORMATION INCLUDED ON REPORT.— 
(1) IN GENERAL.—Section 304(b) of such Act 
(52 U.S.C. 30104(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) for any reportable foreign contact (as de-
fined in subsection (j)(3))— 
‘‘(A) the date, time, and location of the 
contact; 
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147 
‘‘(B) the date and time of when a des-
ignated official of the committee was notified of 
the contact; 
‘‘(C) the identity of individuals involved; 
and 
‘‘(D) a description of the contact, including 
the nature of any contribution, donation, ex-
penditure, disbursement, or solicitation involved 
and the nature of any activity described in sub-
section (j)(3)(A)(ii)(II) involved.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to reports 
filed on or after the expiration of the 60-day period 
which begins on the date of the enactment of this 
Act. 
SEC. 1102. FEDERAL CAMPAIGN FOREIGN CONTACT RE-
PORTING COMPLIANCE SYSTEM. 
(a) IN GENERAL.—Section 302 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 
by adding at the end the following new subsection: 
‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 
POLICY.— 
‘‘(1) REPORTING.—Each political committee 
shall establish a policy that requires all officials, em-
ployees, and agents of such committee to notify the 
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148 
treasurer or other appropriate designated official of 
the committee of any reportable foreign contact (as 
defined in section 304(j)) not later than 3 days after 
such contact was made. 
‘‘(2) 
RETENTION
AND
PRESERVATION
OF 
RECORDS.—Each political committee shall establish 
a policy that provides for the retention and preserva-
tion of records and information related to reportable 
foreign contacts (as so defined) for a period of not 
less than 3 years. 
‘‘(3) CERTIFICATION.— 
‘‘(A) IN GENERAL.—Upon filing its state-
ment of organization under section 303(a), and 
with each report filed under section 304(a), the 
treasurer of each political committee (other 
than an authorized committee) shall certify 
that— 
‘‘(i) the committee has in place poli-
cies that meet the requirements of para-
graphs (1) and (2); 
‘‘(ii) the committee has designated an 
official to monitor compliance with such 
policies; and 
‘‘(iii) not later than 1 week after the 
beginning of any formal or informal affili-
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149 
ation with the committee, all officials, em-
ployees, and agents of such committee 
will— 
‘‘(I) receive notice of such poli-
cies; 
‘‘(II) be informed of the prohibi-
tions under section 319; and 
‘‘(III) sign a certification affirm-
ing their understanding of such poli-
cies and prohibitions. 
‘‘(B) AUTHORIZED
COMMITTEES.—With 
respect to an authorized committee, the can-
didate shall make the certification required 
under subparagraph (A).’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to political 
committees which file a statement of organization 
under section 303(a) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30103(a)) on or after 
the date of the enactment of this Act. 
(2) TRANSITION RULE FOR EXISTING COMMIT-
TEES.—Not later than 30 days after the date of the 
enactment of this Act, each political committee 
under the Federal Election Campaign Act of 1971 
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150 
shall file a certification with the Federal Election 
Commission that the committee is in compliance 
with the requirements of section 302(j) of such Act 
(as added by subsection (a)). 
SEC. 1103. CRIMINAL PENALTIES. 
Section 309(d)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add-
ing at the end the following new subparagraphs: 
‘‘(E) Any person who knowingly and willfully com-
mits a violation of subsection (j) or (b)(9) of section 304 
or section 302(j) shall be fined not more than $500,000, 
imprisoned not more than 5 years, or both. 
‘‘(F) Any person who knowingly and willfully conceals 
or destroys any materials relating to a reportable foreign 
contact (as defined in section 304(j)) shall be fined not 
more than $1,000,000, imprisoned not more than 5 years, 
or both.’’. 
SEC. 1104. REPORT TO CONGRESSIONAL INTELLIGENCE 
COMMITTEES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, 
the Director of the Federal Bureau of Investigation shall 
submit to the congressional intelligence committees a re-
port relating to notifications received by the Federal Bu-
reau of Investigation under section 304(j)(1) of the Fed-
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151 
eral Election Campaign Act of 1971 (as added by section 
1101(a) of this Act). 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, at a minimum, the following with respect 
to notifications described in subsection (a): 
(1) The number of such notifications received 
from political committees during the year covered by 
the report. 
(2) A description of protocols and procedures 
developed by the Federal Bureau of Investigation re-
lating to receipt and maintenance of records relating 
to such notifications. 
(3) With respect to such notifications received 
during the year covered by the report, a description 
of any subsequent actions taken by the Director re-
sulting from the receipt of such notifications. 
(c) CONGRESSIONAL INTELLIGENCE COMMITTEES 
DEFINED.—In this section, the term ‘‘congressional intel-
ligence committees’’ has the meaning given that term in 
section 3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
SEC. 1105. RULE OF CONSTRUCTION. 
Nothing in this title or the amendments made by this 
title shall be construed— 
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152 
(1) to impede legitimate journalistic activities; 
or 
(2) to impose any additional limitation on the 
right to express political views or to participate in 
public discourse of any individual who— 
(A) resides in the United States; 
(B) is not a citizen of the United States or 
a national of the United States, as defined in 
section 101(a)(22) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(22)); and 
(C) is not lawfully admitted for permanent 
residence, as defined by section 101(a)(20) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20)). 
TITLE 
XII—ELIMINATING 
FOR-
EIGN 
INTERFERENCE 
IN 
ELECTIONS 
SEC. 1201. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN. 
(a) CLARIFICATION OF TREATMENT OF PROVISION 
OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA-
TION OF A THING OF VALUE.—Section 319 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121) is 
amended by adding at the end the following new sub-
section: 
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153 
‘‘(c) CLARIFICATION OF TREATMENT OF PROVISION 
OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA-
TION OF A THING OF VALUE.—For purposes of this sec-
tion, a ‘contribution or donation of money or other thing 
of value’ includes the provision of opposition research, 
polling, or other non-public information relating to a can-
didate for election for a Federal, State, or local office for 
the purpose of influencing the election, regardless of 
whether such research, polling, or information has mone-
tary value, except that nothing in this subsection shall be 
construed to treat the mere provision of an opinion about 
a candidate as a thing of value for purposes of this sec-
tion.’’. 
(b) CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO ALL CONTRIBUTIONS AND DONATIONS 
OF THINGS OF VALUE AND TO ALL SOLICITATIONS OF 
CONTRIBUTIONS
AND
DONATIONS
OF
THINGS
OF 
VALUE.—Section 319(a) of such Act (52 U.S.C. 
30121(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘promise 
to make a contribution or donation’’ and inserting 
‘‘promise to make such a contribution or donation’’; 
(2) in paragraph (1)(B), by striking ‘‘donation’’ 
and inserting ‘‘donation of money or other thing of 
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154 
value, or to make an express or implied promise to 
make such a contribution or donation,’’; and 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) a person to solicit, accept, or receive (di-
rectly or indirectly) a contribution or donation de-
scribed in subparagraph (A) or (B) of paragraph 
(1), or to solicit, accept, or receive (directly or indi-
rectly) an express or implied promise to make such 
a contribution or donation, from a foreign na-
tional.’’. 
(c) ENHANCED
PENALTY
FOR
CERTAIN
VIOLA-
TIONS.— 
(1) IN GENERAL.—Section 309(d)(1) of such 
Act (52 U.S.C. 30109(d)(1)), as amended by section 
1103, is further amended by adding at the end the 
following new subparagraph: 
‘‘(G)(i) Any person who knowingly and willfully com-
mits a violation of section 319 which involves a foreign 
national which is a government of a foreign country or 
a foreign political party, or which involves a thing of value 
consisting of the provision of opposition research, polling, 
or other non-public information relating to a candidate for 
election for a Federal, State, or local office for the purpose 
of influencing the election, shall be fined under title 18, 
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United States Code, or imprisoned for not more than 5 
years, or both. 
‘‘(ii) In clause (i), each of the terms ‘government of 
a foreign country’ and ‘foreign political party’ has the 
meaning given such term in section 1 of the Foreign 
Agents Registration Act of 1938, as Amended (22 U.S.C. 
611).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to viola-
tions committed on or after the date of the enact-
ment of this Act. 
SEC. 1202. REQUIRING ACKNOWLEDGMENT OF FOREIGN 
MONEY BAN BY POLITICAL COMMITTEES. 
(a) PROVISION OF INFORMATION BY FEDERAL ELEC-
TION COMMISSION.—Section 303 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30103) is amended by 
adding at the end the following new subsection: 
‘‘(e) ACKNOWLEDGMENT
OF
FOREIGN
MONEY 
BAN.— 
‘‘(1) NOTIFICATION BY COMMISSION.—Not later 
than 30 days after a political committee files its 
statement of organization under subsection (a), and 
biennially thereafter until the committee terminates, 
the Commission shall provide the committee with a 
written explanation of section 319. 
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‘‘(2) ACKNOWLEDGMENT BY COMMITTEE.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after receiving the written explanation of 
section 319 under paragraph (1), the committee 
shall transmit to the Commission a signed cer-
tification that the committee has received such 
written explanation and has provided a copy of 
the explanation to all members, employees, con-
tractors, and volunteers of the committee. 
‘‘(B) PERSON
RESPONSIBLE
FOR
SIGNA-
TURE.—The certification required under sub-
paragraph (A) shall be signed— 
‘‘(i) in the case of an authorized com-
mittee of a candidate, by the candidate; or 
‘‘(ii) in the case of any other political 
committee, by the treasurer of the com-
mittee.’’. 
(b) EFFECTIVE DATE; TRANSITION FOR EXISTING 
COMMITTEES.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to political 
committees which file statements of organization 
under section 303 of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30103) on or after the date 
of the enactment of this Act. 
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(2) TRANSITION FOR EXISTING COMMITTEES.— 
(A) NOTIFICATION BY FEDERAL ELECTION 
COMMISSION.—Not later than 90 days after the 
date of the enactment of this Act, the Federal 
Election Commission shall provide each political 
committee under such Act with the written ex-
planation of section 319 of such Act, as re-
quired under section 303(e)(1) of such Act (as 
added by subsection (a)). 
(B) ACKNOWLEDGMENT BY COMMITTEE.— 
Not later than 30 days after receiving the writ-
ten explanation under subparagraph (A), each 
political committee under such Act shall trans-
mit to the Federal Election Commission the 
signed certification, as required under section 
303(e)(2) of such Act (as added by subsection 
(a)). 
DIVISION D—SEVERABILITY 
TITLE XIII—SEVERABILITY 
SEC. 1301. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision of this Act 
or an amendment made by this Act to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of the provisions to any 
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person or circumstance, shall not be affected by the hold-
ing. 
Æ 
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