,,ii #aagth ,,congress #ast ,session ,s4 #biba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjba,ms4 ,klobuchar 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,coons1 ,mrs4 ,feinstein1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,sanders1 ,ms4 ,warren1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to protect our democracy by preventing abuses of presidential power1 restoring checks and balances and accountability and transparency in government1 and defending elections against foreign interference1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,our ,democracy ,act4 #b4 ,organization of ,act into divisions2 table of contents 7a7 ,divisions ,this ,act is organized into divisions as follows3 7#a7 ,division ,a--,preventing ,abuses of ,presidential ,power4 7#b7 ,division ,b--,restoring ,checks and ,balances1 ,accountability1 and ,transparency4 7#c7 ,division ,c--,defending ,elections ,against ,foreign ,interference4 7#d7 ,division ,d--,severability4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,organization of ,act into divisions2 table of contents4,,division ,a--,preventing ,abuses of ,presidential ,power,t,i,t,l,e ,i--,abuse of the ,pardon ,power ,prevention,sec4 #aja4 ,short title4,sec4 #ajb4 ,congressional oversight relating to certain pardons4,sec4 #ajc4 ,bribery in connection with pardons and commutations4,sec4 #ajd4 ,prohibition on presidential self-pardon4,,title ,,ii--,ensuring ,no ,president is ,above the ,law,sec4 #bja4 ,short title4,sec4 #bjb4 ,tolling of statute of limitations4,,title ,,iii--,enforcement of the ,foreign and ,domestic ,emoluments ,clauses of the ,constitution,sec4 #cja4 ,short title4,sec4 #cjb4 ,definitions4,sec4 #cjc4 ,prohibition on acceptance of foreign and domestic emoluments4,sec4 #cjd4 ,civil actions by ,congress concerning foreign emoluments4,sec4 #cje4 ,disclosures concerning foreign and domestic emoluments4,sec4 #cjf4 ,enforcement authority of the ,director of the ,office of ,government ,ethics4,sec4 #cjg4 ,jurisdiction of the ,office of ,special ,counsel4,,division ,b--,restoring ,checks and ,balances1 ,accountability1 and ,transparency,t,i,t,l,e ,,iv--,enforcement of congressional subpoenas,sec4 #dja4 ,short title4,sec4 #djb4 ,findings4,sec4 #djc4 ,enforcement of congressional subpoenas4,sec4 #djd4 ,compliance with congressional subpoenas4,sec4 #dje4 ,rule of construction4,,title ,v--,reasserting ,congressional ,power of the ,purse,sec4 #ejj4 ,short title4,subtitle ,a--,strengthening ,congressional ,control and ,review ,to ,prevent ,impoundment,sec4 #eja4 ,strengthening congressional control4,sec4 #ejb4 ,strengthening congressional review4,sec4 #ejc4 ,updated authorities for and reporting by the ,comptroller ,general4,sec4 #ejd4 ,advance congressional notification and litigation4,sec4 #eje4 ,penalties for failure to comply with the ,impoundment ,control ,act of #aigd4,subtitle ,b--,strengthening ,transparency and ,reporting,p,a,r,t #a--;,funds ,management and ,reporting to the ,congress,sec4 #eaa4 ,expired balance reporting in the ,president's budget4,sec4 #eab4 ,cancelled balance reporting in the ,president's budget4,sec4 #eac4 ,lapse in appropriations2 ,reporting in the ,president's budget4,sec4 #ead4 ,transfer and other repurposing authority reporting in the ,president's budget4,sec4 #eae4 ,authorizing cancellations in indefinite accounts by appropriation4,,part #b--;,empowering ,congressional ,review through ,nonpartisan ,congressional ,agencies and ,transparency ,initiatives,sec4 #eba4 ,requirement to respond to requests for information from the ,government ,accountability ,office for budget and appropriations law decisions4,sec4 #ebb4 ,reporting requirements for ,antideficiency ,act violations4,sec4 #ebc4 ,department of ,justice reporting to ,congress for ,antideficiency ,act violations4,sec4 #ebd4 ,publication of budget or appropriations law opinions of the ,department of ,justice ,office of ,legal ,counsel4,subtitle ,c--,strengthening ,congressional ,role in and ,oversight of ,emergency ,declarations and ,designations,sec4 #eca4 ,improving checks and balances on the use of the ,national ,emergencies ,act4,sec4 #ecb4 ,national ,emergencies ,act declaration spending reporting in the ,president's budget4,sec4 #ecc4 ,disclosure to ,congress of presidential emergency action documents4,sec4 #ecd4 ,emergency and overseas contingency operations designations by ,congress in statute4,,title ,,vi--,security from ,political ,interference in ,justice,sec4 #fja4 ,short title4,sec4 #fjb4 ,definitions4,sec4 #fjc4 ,communications logs4,sec4 #fjd4 ,rule of construction4,,title ,,vii--,protecting ,inspector ,general ,independence,subtitle ,a--,requiring ,cause for ,removal,sec4 #gja4 ,short title4,sec4 #gjb4 ,amendment4,sec4 #gjc4 ,removal or transfer requirements4,subtitle ,b--,inspectors ,general of ,intelligence ,community,sec4 #gaa4 ,independence of ,inspectors ,general of the ,intelligence ,community4,sec4 #gab4 ,authority of ,inspectors ,general of the ,intelligence ,community to determine matters of urgent concern4,sec4 #gac4 ,conforming amendments and coordination with other provisions of law4,subtitle ,c--,congressional ,notification,sec4 #gba4 ,short title4,sec4 #gbb4 ,change in status of ,inspector ,general offices4,sec4 #gbc4 ,presidential explanation of failure to nominate an ,inspector ,general4,,title ,,viii--,protecting ,whistleblowers,sec4 #hja4 ,short title4,subtitle ,a--,whistleblower ,protection ,improvement,sec4 #haa4 ,additional whistleblower protections4,sec4 #hab4 ,enhancement of whistleblower protections4,sec4 #hac4 ,classifying certain furloughs as adverse personnel actions4,sec4 #had4 ,codification of protections for disclosures of censorship related to research1 analysis1 or technical information4,sec4 #hae4 ,title #e technical and conforming amendments4,subtitle ,b--,whistleblowers of the ,intelligence ,community,sec4 #hba4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints4,sec4 #hbb4 ,disclosures to ,congress4,sec4 #hbc4 ,prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community4,,title ,,ix--,accountability for ,acting ,officials,sec4 #ija4 ,short title4,sec4 #ijb4 ,clarification of ,federal ,vacancies ,reform ,act of #aiih4,,title ,x--,strengthening ,hatch ,act ,enforcement and ,penalties,sec4 #ajja4 ,short title4,sec4 #ajjb4 ,strengthening ,hatch ,act enforcement and penalties against political appointees4,,title ,,xi--,promoting ,efficient ,presidential ,transitions,sec4 #aaja4 ,short title4,sec4 #aajb4 ,ascertainment of successful candidates in general elections for purposes of presidential transition4,,title ,,xii--,presidential and ,vice ,presidential ,tax ,transparency,sec4 #abja4 ,presidential and ,vice ,presidential tax transparency4,,division ,c--,defending ,elections ,against ,foreign ,interference,t,i,t,l,e ,,xiii--,reporting ,foreign ,interference in ,elections,sec4 #acja4 ,federal campaign reporting of foreign contacts4,sec4 #acjb4 ,federal campaign foreign contact reporting compliance system4,sec4 #acjc4 ,criminal penalties4,sec4 #acjd4 ,report to congressional intelligence committees4,sec4 #acje4 ,rule of construction4,,title ,,xiv--,eliminating ,foreign ,interference in ,elections,sec4 #adja4 ,clarification of application of foreign money ban4,sec4 #adjb4 ,requiring acknowledgment of foreign money ban by political committees4,,division ,d--,severability,t,i,t,l,e ,,xv--,severability,sec4 #aeja4 ,severability4 ,a ,preventing ,abuses of ,presidential ,power ,i ,abuse of the ,pardon ,power ,prevention #aja4 ,short title ,this title may be cited as the ,abuse of the ,pardon ,power ,prevention ,act4 #ajb4 ,congressional oversight relating to certain pardons 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 if an investigation relates to intelligence or counterintelligence matters1 the ,select ,committee on ,intelligence of the ,senate and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,covered offense ,the term covered offense means-- 7,a7 an offense against the ,united ,states that arises from an investigation in which the ,president1 or a relative of the ,president1 is a target or subject2 7,b7 an offense under section #ajb of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aib72 or 7,c7 an offense under section #ajja1 #aeje1 #aeab1 or #afba of title #ah1 ,united ,states ,code1 if the offense occurred in relation to a ,congressional proceeding or investigation4 7#c7 ,pardon ,the term pardon includes a commutation of sentence4 7#d7 ,relative ,the term relative has the meaning given that term in section #caaj of title #e1 ,united ,states ,code4 7b7 ,submission of information ,if the ,president grants an individual a pardon for a covered offense1 not later than #cj days after the date of such pardon the ,attorney ,general shall submit to the chairpersons and ranking members of the appropriate congressional committees-- 7#a7 all materials obtained or produced by the prosecution team1 including the ,attorney ,general and any ,united ,states ,attorney1 and all materials obtained or prepared by any investigative agency of the ,united ,states government1 relating to the offense for which the individual was so pardoned2 and 7#b7 all materials obtained or produced by the ,department of ,justice in relation to the pardon4 7c7 ,treatment of information ,rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure shall not be construed to prohibit the disclosure of information required by subsection 7b74 #ajc4 ,bribery in connection with pardons and commutations ,section #bja of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 including the ,president and the ,vice ,president of the ,united ,states1 after or an officer or employee or person2 and 7,b7 in paragraph 7#c71 by inserting before the period at the end the following3 1 including any pardon1 commutation1 or reprieve1 or an offer of any such pardon1 commutation1 or reprieve2 and 7#b7 in subsection 7b77#c71 by inserting 7including1 for purposes of this paragraph1 any pardon1 commutation1 or reprieve1 or an offer of any such pardon1 commutation1 or reprieve7 after corruptly gives1 offers1 or promises anything of value4 #ajd4 ,prohibition on presidential self-pardon ,if the ,president grants a pardon to himself or herself1 the pardon-- 7#a7 shall be void and of no effect2 and 7#b7 shall not-- 7,a7 deprive the courts of jurisdiction2 or 7,b7 operate to confer on the ,president any legal immunity from investigation or prosecution4 ,,ii ,ensuring ,no ,president is ,above the ,law #bja4 ,short title ,this title may be cited as the ,no ,president is ,above the ,law ,act4 #bjb4 ,tolling of statute of limitations 7a7 ,offenses committed by the president or vice president during or prior to tenure in office ,section #cbhb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,offenses committed by the president or vice president during or prior to tenure in office ,in the case of any person serving as ,president or ,vice ,president of the ,united ,states1 the duration of that person's tenure in office shall not be considered for purposes of any statute of limitations applicable to any ,federal criminal offense committed by that person 7including any offenses committed during any period of time preceding such tenure in office74 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply to any offense committed before the date of enactment of this section1 if the statute of limitations applicable to that offense had not run as of such date4 ,,iii ,enforcement of the ,foreign and ,domestic ,emoluments ,clauses of the ,constitution #cja4 ,short title ,this title may be cited as the ,foreign and ,domestic ,emoluments ,enforcement ,act4 #cjb4 ,definitions ,in this title3 7#a7 ,the term emolument means any profit1 gain1 or advantage that is received directly or indirectly from any government of a foreign country1 the ,federal ,government1 or any ,state or local government1 or from any instrumentality thereof1 including payments arising from commercial transactions at fair market value4 7#b7 ,the term person holding any office of profit or trust under the ,united ,states includes the ,president of the ,united ,states and the ,vice-,president of the ,united ,states4 7#c7 ,the term government of a foreign country has the meaning given such term in section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;e774 #cjc4 ,prohibition on acceptance of foreign and domestic emoluments 7a7 ,foreign ,except as otherwise provided in section #gcdb of title #e1 ,united ,states ,code1 it shall be unlawful for any person holding an office of profit or trust under the ,united ,states to accept from a government of a foreign country1 without first obtaining the consent of ,congress1 any present or emolument1 or any office or title4 ,the prohibition under this subsection applies without regard to whether the present1 emolument1 office1 or title is-- 7#a7 provided directly or indirectly by that government of a foreign country2 or 7#b7 provided to that person or to any private business interest of that person4 7b7 ,domestic ,it shall be unlawful for the ,president to accept from the ,united ,states1 or any of them1 any emolument other than the compensation for his or her services as ,president provided for by ,federal law4 ,the prohibition under this subsection applies without regard to whether the emolument is provided directly or indirectly1 and without regard to whether the emolument is provided to the ,president or to any private business interest of the ,president4 #cjd4 ,civil actions by ,congress concerning foreign emoluments 7a7 ,cause of action ,the ,senate or the ,house of ,representatives may bring a civil action against any person for a violation of subsection 7a7 of section #cjc4 7b7 ,special rules ,in any civil action described in subsection 7a71 the following rules shall apply3 7#a7 ,the action shall be filed before the ,united ,states ,district ,court for the ,district of ,columbia4 7#b7 ,the action shall be heard by a three-judge court convened pursuant to section #bbhd of title #bh1 ,united ,states ,code4 ,it shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action4 ,such action shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 ,such appeal shall be taken by the filing of a notice of appeal within #aj days1 and the filing of a jurisdictional statement within #cj days1 of the entry of the final decision4 7#c7 ,it shall be the duty of the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal4 7c7 ,remedy ,if the court determines that a violation of subsection 7a7 of section #cjc has occurred1 the court shall issue an order enjoining the course of conduct found to constitute the violation1 and such of the following as are appropriate3 7#a7 ,the disgorgement of the value of any foreign present or emolument4 7#b7 ,the surrender of the physical present or emolument to the ,department of ,state1 which shall1 if practicable1 dispose of the present or emolument and deposit the proceeds into the ,united ,states ,treasury4 7#c7 ,the renunciation of any office or title accepted in violation of such subsection4 7#d7 ,a prohibition on the use or holding of such an office or title4 7#e7 ,such other relief as the court determines appropriate4 7d7 ,use of government funds prohibited ,no appropriated funds1 funds provided from any accounts in the ,united ,states ,treasury1 funds derived from the collection of fees1 or any other ,government funds shall be used to pay any disgorgement imposed by the court pursuant to this section4 #cje4 ,disclosures concerning foreign and domestic emoluments 7a7 ,disclosures ,section #ajb7;a7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7#i7 ,any present1 emolument1 office1 or title received from a government of a foreign country1 including the source1 date1 type1 and amount or value of each present or emolument accepted on or before the date of filing during the preceding calendar year4 7#aj7 ,each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country during the current calendar year4 7#aa7 ,in addition1 the ,president shall report-- 7,a7 any emolument received from the ,united ,states1 or any of them1 other than the compensation for his or her services as ,president provided for by ,federal law2 and 7,b7 any business interest that is reasonably expected to result in the receipt of any emolument from the ,united ,states1 or any of them4 4 7b7 ,rule of construction ,nothing in the amendments made by this section shall be construed to affect the prohibition against the acceptance of presents and emoluments under section #cjc4 #cjf4 ,enforcement authority of the ,director of the ,office of ,government ,ethics 7a7 ,general authority ,section #djb7;a7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by striking 7a7 ,the ,director and inserting 7a77#a7 ,the ,director2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,the ,director shall provide overall direction of executive branch policies related to compliance with the ,foreign and ,domestic ,emoluments ,enforcement ,act and the amendments made by such ,act and shall have the authority to-- 7,a7 issue administrative fines to individuals for violations2 7,b7 order individuals to take corrective action1 including disgorgement1 divestiture1 and recusal1 as the ,director deems necessary2 and 7,c7 bring civil actions to enforce such fines and orders4 4 7b7 ,specific authorities ,section #djb7;b7 of such ,act 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by striking and at the end of paragraph 7#ad72 7#b7 by striking the period at the end of paragraph 7#ae7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#af7 developing and promulgating rules and regulations to ensure compliance with the ,foreign and ,domestic ,emoluments ,enforcement ,act and the amendments made by such ,act1 including establishing-- 7,a7 requirements for reporting and disclosure2 7,b7 a schedule of administrative fines that may be imposed by the ,director for violations2 and 7,c7 a process for referral of matters to the ,office of ,special ,counsel for investigation in compliance with section #abaf7;d7 of title #e1 ,united ,states ,code4 4 #cjg4 ,jurisdiction of the ,office of ,special ,counsel ,section #abaf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 any violation of section #cjc of the ,foreign and ,domestic ,emoluments ,enforcement ,act or of the amendments made by section #cje of such ,act4 2 and 7#b7 by adding at the end the following3 7d7 ,if the ,director of the ,office of ,government ,ethics refers a matter for investigation pursuant to section #djb of the ,ethics in ,government ,act of #aigh1 or if the ,special ,counsel receives a credible complaint of a violation referred to in subsection 7a77#f71 the ,special ,counsel shall complete an investigation not later than #abj days thereafter4 ,if the ,special ,counsel investigates any violation pursuant to subsection 7a77#f71 the ,special ,counsel shall report not later than #g days after the completion of such investigation to the ,director of the ,office of ,government ,ethics and to ,congress on the results of such investigation4 4 ,b ,restoring ,checks and ,balances1 ,accountability1 and ,transparency ,,iv ,enforcement of ,congressional ,subpoenas #dja4 ,short title ,this title may be cited as the ,congressional ,subpoena ,compliance and ,enforcement ,act4 #djb4 ,findings ,the ,congress finds as follows3 7#a7 ,as the ,supreme ,court of the ,united ,states has repeatedly affirmed1 including in its ,july #i1 #bjbj1 holding in ,trump v4 ,mazars1 ,congress's power of inquiry--with process to enforce it--is an essential and appropriate auxiliary to the legislative function4 ,congress's power to obtain information1 including through the issuance of subpoenas and the enforcement of such subpoenas1 is broad and indispensable4 7#b7 ,congress suffers a concrete and particularized injury when denied the opportunity to obtain information necessary to the exercise of its constitutional functions1 as the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit correctly recognized in its ,august #g1 #bjbj1 en banc decision in ,committee on the ,judiciary of the ,u4,s4 ,house of ,representatives v4 ,mc,gahn4 7#c7 ,accordingly1 the ,constitution of the ,united ,states secures to each ,house of ,congress an inherent right to enforce its subpoenas in court4 ,explicit statutory authorization is not required to secure such a right of action1 and the contrary holding by a divided panel of the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit in ,mc,gahn1 entered on ,august #ca1 #bjbj1 was in error4 #djc4 ,enforcement of congressional subpoenas 7a7 ,in general ,chapter #he of title #bh1 ,united ,states ,code1 is amended by inserting after section #acfe the following3 #acfe;a4 ,congressional actions against subpoena recipients 7a7 ,cause of action ,the ,senate1 the ,house of ,representatives1 or a committee or subcommittee thereof1 may bring a civil action against the recipient of a subpoena issued by a congressional committee or subcommittee to enforce compliance with the subpoena4 7b7 ,special rules ,in any civil action described in subsection 7a71 the following rules shall apply3 7#a7 ,the action may be filed in a ,united ,states district court of competent jurisdiction4 7#b7 ,notwithstanding section #afeg7;a71 it shall be the duty of every court of the ,united ,states to expedite to the greatest possible extent the disposition of any such action and appeal4 ,upon a showing by the plaintiff of undue delay1 other irreparable harm1 or good cause1 a court to which an appeal of the action may be taken shall issue any necessary and appropriate writs and orders to ensure compliance with this paragraph4 7#c7 ,if a three-judge court is expressly requested by the plaintiff in the initial pleading1 the action shall be heard by a three-judge court convened pursuant to section #bbhd1 and shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 ,such appeal shall be taken by the filing of a notice of appeal within #aj days1 and the filing of a jurisdictional statement within #cj days1 of the entry of the final decision4 7#d7 ,the initial pleading shall be accompanied by certification that the party bringing the action has in good faith conferred or attempted to confer with the recipient of the subpoena to secure compliance with the subpoena without court action4 7c7 ,penalties 7#a7 ,cases involving government agencies 7,a7 ,in general ,the court may impose monetary penalties directly against each head of a ,government agency and the head of each component thereof held to have knowingly failed to comply with any part of a congressional subpoena1 unless-- 7i7 the ,president instructed the official not to comply2 and 7ii7 the ,president1 or the head of the agency or component thereof1 submits to the court a letter confirming such instruction and the basis for such instruction4 7,b7 ,prohibition on use of government funds ,no appropriated funds1 funds provided from any accounts in the ,treasury1 funds derived from the collection of fees1 or other ,government funds shall be used to pay any monetary penalty imposed by the court pursuant to this paragraph4 7#b7 ,legal fees ,in addition to any other penalties or sanctions1 the court shall require that any defendant1 other than a ,government agency1 held to have willfully failed to comply with any part of a congressional subpoena1 pay a penalty in an amount equal to that party's legal fees1 including attorney's fees1 litigation expenses1 and other costs4 ,if such defendant is an officer or employee of a ,government agency1 such legal fees may be paid from funds appropriated to pay the salary of the defendant4 7d7 ,waiver ,any ground for noncompliance asserted by the recipient of a congressional subpoena shall be deemed to have been waived as to any particular information withheld from production if the court finds that the recipient failed in a timely manner to comply with the applicable requirements of section #aje7;b7 of the ,revised ,statutes of the ,united ,states with respect to such information4 7e7 ,rules of procedure ,the ,supreme ,court of the ,united ,states and the ,judicial ,conference of the ,united ,states shall prescribe rules of procedure to ensure the expeditious treatment of actions described in subsection 7a74 ,such rules shall be prescribed and submitted to the ,congress pursuant to sections #bjgb1 #bjgc1 and #bjgd4 ,this shall include procedures for expeditiously considering any assertion of constitutional or ,federal statutory privilege made in connection with testimony by any recipient of a subpoena from a congressional committee or subcommittee4 ,the ,supreme ,court shall transmit such rules to ,congress within #f months after the effective date of this section and then pursuant to section #bjgd thereafter4 7f7 ,definition ,for purposes of this section1 the term ,government agency means any office or entity described in sections #aje and #ajf of title #c1 an ,executive department listed in section #aja of title #e1 an independent establishment1 commission1 board1 bureau1 division1 or office in the executive branch1 or other agency or instrumentality of the ,federal ,government1 including wholly or partly owned ,government corporations4 4 7b7 ,clerical amendment ,the table of sections for chapter #he of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #acfe the following3 #acfe;a4 ,congressional actions against subpoena recipients4 4 #djd4 ,compliance with congressional subpoenas 7a7 ,in general ,chapter #g of title ,,ii of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #aia et seq47 is amended by adding at the end the following3 #aje4 ,response to congressional subpoenas 7a7 ,subpoena by congressional committee ,any recipient of any subpoena from a congressional committee or subcommittee shall appear and testify1 produce1 or otherwise disclose information in a manner consistent with the subpoena and this section4 7b7 ,failure ,to produce information 7#a7 ,grounds for withholding information ,unless required by the ,constitution of the ,united ,states or by ,federal statute1 no claim of privilege or protection from disclosure shall be a ground for withholding information responsive to the subpoena or required by this section4 7#b7 ,identification of information withheld ,in the case of information that is withheld1 in whole or in part1 by the subpoena recipient1 the subpoena recipient shall without delay provide a log containing the following3 7,a7 ,an express assertion and description of the ground asserted for withholding the information4 7,b7 ,the type of information4 7,c7 ,the general subject matter4 7,d7 ,the date1 author1 and addressee4 7,e7 ,the relationship of the author and addressee to each other4 7,f7 ,the custodian of the information4 7,g7 ,any other descriptive information that may be produced or disclosed regarding the information that will enable the congressional committee or subcommittee issuing the subpoena to assess the ground asserted for withholding the information4 7c7 ,definition ,for purposes of this section1 the term information includes any books1 papers1 documents1 data1 or other objects requested in a subpoena issued by a congressional committee or subcommittee4 4 7b7 ,clerical amendment ,the table of contents for chapter #g of title ,,ii of the ,revised ,statutes of the ,united ,states is amended by adding at the end the following3 #aje4 ,response to congressional subpoenas4 4 #dje4 ,rule of construction ,nothing in this title may be interpreted to limit or constrain ,congress's inherent authority or foreclose any other means for enforcing compliance with congressional subpoenas1 nor may anything in this title be interpreted to establish or recognize any ground for noncompliance with a congressional subpoena4 ,v ,reasserting ,congressional ,power of the ,purse #ejj4 ,short title ,this title may be cited as the ,foreign and ,domestic ,emoluments ,enforcement ,act4 ,a ,strengthening ,congressional ,control and ,review ,to ,prevent ,impoundment #eja4 ,strengthening congressional control 7a7 ,in general ,part ,b of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhb et seq47 is amended by adding at the end the following3 #ajah4 ,prudent obligation of budget authority and specific requirements for expiring budget authority 7a7 ,special message requirement ,with respect to budget authority proposed to be rescinded or that is set to be reserved or proposed to be deferred in a special message transmitted under section #ajab or #ajac1 such budget authority-- 7#a7 shall be made available for obligation in sufficient time to be prudently obligated as required under section #ajab7;b7 or #ajac2 and 7#b7 may not be deferred or otherwise withheld from obligation during the #ij-;day period before the expiration of the period of availability of such budget authority1 including1 if applicable1 the #ij-;day period before the expiration of an initial period of availability for which such budget authority was provided4 7b7 ,administrative requirement ,with respect to an apportionment of an appropriation 7as that term is defined in section #aeaa of title #ca1 ,united ,states ,code7 made pursuant to section #aeab of such title1 an appropriation shall be apportioned-- 7#a7 to make available all amounts for obligation in sufficient time to be prudently obligated2 and 7#b7 to make available all amounts for obligation1 without precondition 7including footnotes7 that shall be met prior to obligation1 not later than #ij days before the expiration of the period of availability of such appropriation1 including1 if applicable1 #ij days before the expiration of an initial period of availability for which such appropriation was provided4 4 7b7 ,clerical amendment ,the table of contents of the ,congressional ,budget and ,impoundment ,control ,act of #aigd set forth in section #a7;b7 of such ,act is amended by inserting after the item relating to section #ajag the following3 #ajah4 ,prudent obligation of budget authority and specific requirements for expiring budget authority4 4 #ejb4 ,strengthening congressional review 7a7 ,in general ,part ,b of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhb et seq471 as amended by section #eja7;a71 is further amended by adding at the end the following3 #ajai4 ,reporting 7a7 ,apportionment of appropriations 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,office of ,management and ,budget shall-- 7,a7 complete implementation of a publicly available website with an automated system to post each document apportioning an appropriation1 pursuant to section #aeac7;b7 of title #ca1 ,united ,states ,code1 including any associated footnotes1 in a format that qualifies each such document as an ,open ,government ,data ,asset 7as defined in section #cejb of title #dd1 ,united ,states ,code71 not later than #b business days after the date of approval of such apportionment2 7,b7 place on such website each document apportioning an appropriation1 pursuant to such section #aeac7;b71 including any associated footnotes1 already approved for the fiscal year2 and 7,c7 submit to the ,committee on the ,budget and the ,committee on ,appropriations of the ,senate and the ,committee on the ,budget and the ,committee on ,appropriations of the ,house of ,representatives a report indicating the date of completion of the requirements under subparagraphs 7,a7 and 7,b74 7#b7 ,explanatory statement ,each document apportioning an appropriation posted on a publicly accessible website under paragraph 7#a7 shall also include a written explanation by the officer approving each such apportionment 7pursuant to section #aeac7;b7 of title #ca1 ,united ,states ,code7 of the rationale for the apportionment schedule and for any footnotes for apportioned amounts4 7#c7 ,special process for transmitting classified documentation to the ,congress ,the ,office of ,management and ,budget or the applicable department or agency shall make available classified documentation referenced in any apportionment at the request of the chair or ranking member of any appropriate congressional committee or subcommittee4 7#d7 ,department and agency report ,each department or agency shall-- 7,a7 notify the ,committee on the ,budget and the ,committee on ,appropriations of the ,senate1 the ,committee on the ,budget and the ,committee on ,appropriations of the ,house of ,representatives1 and any other appropriate congressional committees if-- 7i7 an apportionment is not made in the required time period provided in section #aeac7;b7 of title #ca1 ,united ,states ,code2 7ii7 an approved apportionment received by the department or agency conditions the availability of an appropriation on further action2 or 7iii7 an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program1 project1 or activity by such department or agency2 and 7,b7 include in each notification under subparagraph 7,a7 information identifying the bureau1 account name1 appropriation name1 and ,treasury ,appropriation ,fund ,symbol or fund account4 7b7 ,approving officials 7#a7 ,delegation of authority ,not later than #ae days after the date of enactment of this section1 any delegation of apportionment authority pursuant to section #aeac7;b7 of title #ca1 ,united ,states ,code1 that is in effect as of such date shall be submitted for publication in the ,federal ,register4 ,any delegation of such apportionment authority after the date of enactment of this section shall1 on the date of such delegation1 be submitted for publication in the ,federal ,register4 ,the ,office of ,management and ,budget shall publish such delegations in a format that qualifies such publications as an ,open ,government ,data ,asset 7as defined in section #cejb of title #dd1 ,united ,states ,code7 on a public internet website1 which shall be continuously updated with the position of each ,federal officer or employee to whom apportionment authority has been delegated4 7#b7 ,report to ,congress ,not later than #e days after any change in the position of the approving official with respect to such delegated apportionment authority for any account is made1 the ,office shall submit a report to the ,committee on ,appropriations and the ,committee on the ,budget of the ,senate1 the ,committee on ,appropriations and the ,committee on the ,budget of the ,house of ,representatives1 and any other appropriate congressional committee explaining why such change was made4 4 7b7 ,clerical amendment ,the table of contents of the ,congressional ,budget and ,impoundment ,control ,act of #aigd set forth in section #a7;b7 of such ,act1 as amended by section #eja7;b71 is further amended by inserting after the item relating to section #ajah the following3 #ajai4 ,reporting4 4 #ejc4 ,updated authorities for and reporting by the ,comptroller ,general 7a7 ,in general ,section #ajae of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhf7 is amended-- 7#a7 in subsection 7a71 in the matter following paragraph 7#b71 by striking the last sentence2 and 7#b7 by adding at the end the following3 7c7 ,review 7#a7 ,in general ,the ,comptroller ,general shall-- 7,a7 review compliance with this part2 and 7,b7 submit to the ,committee on the ,budget1 the ,committee on ,appropriations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,budget1 the ,committee on ,appropriations1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives1 and any other appropriate congressional committee of the ,senate or the ,house of ,representatives a report1 and any relevant information related to the report1 on any noncompliance with this part4 7#b7 ,information1 documentation1 and views ,the ,president or the head of the relevant department or agency of the ,united ,states shall provide information1 documentation1 and views to the ,comptroller ,general1 as is determined by the ,comptroller ,general to be necessary to determine such compliance1 not later than #bj days after the date on which the request from the ,comptroller ,general is received1 or if the ,comptroller ,general determines that a shorter or longer period is appropriate based on the specific circumstances1 within such shorter or longer period4 7#c7 ,access ,to carry out the responsibilities of this part1 the ,comptroller ,general shall have access to interview the officers1 employees1 contractors1 and other agents and representatives of a department1 agency1 or office of the ,united ,states at any reasonable time as the ,comptroller ,general may request4 4 7b7 ,rule of construction ,section #ajja of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fha7 is amended-- 7#a7 in paragraph 7#c71 by striking the or at the end of the paragraph2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#e7 affecting or limiting in any way the authorities provided to the ,comptroller ,general under chapter #g of title #ca1 ,united ,states ,code4 4 #ejd4 ,advance congressional notification and litigation ,section #ajaf of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhg7 is amended to read as follows3 #ajaf4 ,suits by ,comptroller ,general 7a7 ,in general ,if1 under this title1 budget authority is required to be made available for obligation and such budget authority is not made available for obligation or information1 documentation1 views1 or access are required to be produced and such information1 documentation1 views1 or access are not produced1 the ,comptroller ,general is expressly empowered1 through attorneys selected by the ,comptroller ,general1 to bring a civil action in the ,united ,states ,district ,court for the ,district of ,columbia to require such budget authority to be made available for obligation or such information1 documentation1 views1 or access to be produced4 7b7 ,court authority ,in a civil action under subsection 7a71 the court is expressly empowered to enter1 against any department1 agency1 officer1 or employee of the ,united ,states1 any decree1 judgment1 or order which may be necessary or appropriate to make such budget authority available for obligation or compel production of such information1 documentation1 views1 or access4 7c7 ,notice ,no civil action shall be brought by the ,comptroller ,general to require budget authority be made available under this section until the expiration of #ae calendar days following the date on which an explanatory statement by the ,comptroller ,general of the circumstances giving rise to the action contemplated is filed with the ,speaker of the ,house of ,representatives and the ,president of the ,senate1 except that expiration of such period shall not be required if the ,comptroller ,general finds 7and incorporates the finding in the explanatory statement filed7 that such delay would be contrary to the public interest4 4 #eje4 ,penalties for failure to comply with the ,impoundment ,control ,act of #aigd 7a7 ,in general ,part ,b of the ,impoundment ,control ,act of #aigd 7#b ,u4,s4,c4 #fhb et seq471 as amended by section #ejb7;a71 is further amended by adding at the end the following3 #ajbj4 ,penalties for ,failure ,to ,comply 7a7 ,administrative discipline ,an officer or employee of the ,executive ,branch of the ,united ,states ,government violating this part shall be subject to appropriate administrative discipline1 including1 when circumstances warrant1 suspension from duty without pay or removal from office4 7b7 ,reporting violations 7#a7 ,in general ,in the event of a violation of section #ajja1 #ajab1 #ajac1 or #ajah of this part1 or in the case that the ,government ,accountability ,office issues a legal decision concluding that a department1 agency1 or office of the ,united ,states violated this part1 the ,president or the head of the relevant department or agency as the case may be1 shall report immediately to ,congress all relevant facts and a statement of actions taken4 ,a copy of each report shall also be transmitted to the ,comptroller ,general and the relevant inspector general on the same date the report is transmitted to ,congress4 7#b7 ,contents 7,a7 ,in general ,any such report shall include a summary of the facts pertaining to the violation1 the title and ,treasury ,appropriation ,fund ,symbol of the appropriation or fund account1 the amount involved for each violation1 the date on which the violation occurred1 the position of any individuals responsible for the violation1 a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation1 a statement of any additional action taken to prevent recurrence of the same type of violation1 and any written response by any officer or employee identified by position as involved in the violation4 7,b7 ,disagreement ,if the ,government ,accountability ,office issues a legal decision concluding that a department1 agency1 or office of the ,united ,states violated this part and the relevant department1 agency1 or office does not agree that a violation has occurred1 the report provided to ,congress1 the ,comptroller ,general1 and relevant inspector general will explain the position of the department1 agency1 or office4 7#c7 ,opportunity to respond ,if any such report identifies the position of any officer or employee as involved in the violation1 such officer or employee shall be provided a reasonable opportunity to respond in writing1 and any such response shall be appended to the report4 4 7b7 ,clerical amendment ,the table of contents of the ,congressional ,budget and ,impoundment ,control ,act of #aigd set forth in section #a7;b7 of such ,act1 as amended by section #ejb7;b71 is further amended by inserting after the item relating to section #ajai the following3 #ajbj4 ,penalties for failure to comply4 4 ,b ,strengthening ,transparency and ,reporting #a ,funds ,management and ,reporting to the ,congress #eaa4 ,expired balance reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7#dj7 for the budget for each of fiscal years #bjbc through #bjbg1 a report-- 7,a7 identifying unobligated expired balances as of the beginning of the current fiscal year and the beginning of each of the preceding #b fiscal years by agency and the applicable ,treasury ,appropriation ,fund ,symbol or fund account2 and 7,b7 providing an explanation of unobligated expired balances in any ,treasury ,appropriation ,fund ,symbol or fund account that exceed the lesser of #e percent of total appropriations made available for that account or #ajj1jjj1jjj4 4 #eab4 ,cancelled balance reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #eaa1 is further amended by adding at the end the following3 7#da7 for the budget for each of fiscal years #bjbc through #bjbg1 a report-- 7,a7 identifying cancelled balances 7pursuant to section #aeeb7;a77 for the preceding #c fiscal years by agency and ,treasury ,appropriation ,fund ,symbol or fund account2 7,b7 providing an explanation of cancelled balances in any ,treasury ,appropriation ,fund ,symbol or fund account that exceed the lesser of #e percent of total appropriations made available for that account or #ajj1jjj1jjj2 and 7,c7 including a tabulation1 by ,treasury ,appropriation ,fund ,symbol or fund account and appropriation1 of all balances of appropriations available for an indefinite period in an appropriation account available for an indefinite period that do not meet the criteria for closure under section #aeee1 but for which either-- 7i7 the head of the agency concerned or the ,president has determined that the purposes for which the appropriation was made have been carried out2 or 7ii7 no disbursement has been made against the appropriation-- 7,i7 in the prior year and the preceding fiscal year2 or 7,,ii7 in the prior year and which the budget estimates zero disbursements in the current year4 4 #eac4 ,lapse in appropriations2 ,reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #eab1 is further amended by adding at the end the following3 7#db7 a report-- 7,a7 identifying any obligation or expenditure made by a department or agency affected in whole or in part by any lapse in appropriations of #e consecutive days or more during the preceding fiscal year for which amounts were not available2 and 7,b7 with respect to any such obligation or expenditure-- 7i7 the amount so obligated or expended2 7ii7 the account affected2 7iii7 an explanation of the ,antideficiency ,act exception or other legal authority that permitted the department or agency1 as the case may be1 to incur such obligation or expenditure2 and 7iv7 an explanation of any change in the application of any ,antideficiency ,act exception for a program1 project1 or activity from any explanations previously reported on pursuant to this paragraph4 4 #ead4 ,transfer and other repurposing authority reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #eac1 is further amended by adding at the end the following3 7#dc7 for the budget for fiscal year #bjbc1 a report-- 7,a7 identifying any transfer authority or other authority to repurpose appropriations provided in a law other than an appropriation act2 and 7,b7 with respect to any such authority1 providing the citation to the statute1 the list of departments or agencies covered1 an explanation of when such authority may be used1 and an explanation of any use of such authority in the preceding #c fiscal years4 4 #eae4 ,authorizing cancellations in indefinite accounts by appropriation 7a7 ,in general ,subchapter ,,iv of chapter #ae of title #ca1 ,united ,states ,code1 is amended by inserting after section #aeee the following3 #aeee;a4 ,cancellation of appropriations available for indefinite periods within an account ,any remaining balance 7whether obligated or unobligated7 from an appropriation available for an indefinite period in an appropriation account available for an indefinite period that does not meet the requirements for closure under section #aeee shall be canceled1 and thereafter shall not be available for obligation or expenditure for any purpose1 if-- 7#a7 the head of the agency concerned or the ,president determines that the purposes for which the appropriation was made have been carried out2 and 7#b7 no disbursement has been made against the appropriation for #b consecutive fiscal years4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,iv of chapter #ae of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #aeee the following3 #aeee;a4 ,cancellation of appropriations available for indefinite periods within an account4 4 #b ,empowering ,congressional ,review through ,nonpartisan ,congressional ,agencies and ,transparency ,initiatives #eba4 ,requirement to respond to requests for information from the ,comptroller ,general for budget and appropriations law decisions 7a7 ,in general ,subchapter ,,ii of chapter #g of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gbb4 ,requirement to respond to requests for information from the ,comptroller ,general for budget and appropriations law decisions 7a7 ,if an executive agency or the ,district of ,columbia government receives a written request for information1 documentation1 or views from the ,comptroller ,general relating to a decision or opinion on budget or appropriations law1 the executive agency or the ,district of ,columbia government shall provide the requested information1 documentation1 or views not later than #bj days after receiving the written request1 unless such written request specifically provides otherwise4 7b7 ,if an executive agency or the ,district of ,columbia government fails to provide the requested information1 documentation1 or views within the time required by subsection 7a7-- 7#a7 the ,comptroller ,general shall notify1 in writing1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 and any other appropriate congressional committee of such failure2 7#b7 the ,comptroller ,general is hereby expressly empowered1 through attorneys selected by the ,comptroller ,general1 to bring a civil action in the ,united ,states ,district ,court for the ,district of ,columbia to require such information1 documentation1 or views to be produced2 and 7#c7 the court in a civil action brought under paragraph 7#b7 is expressly empowered to enter against any department1 agency1 officer1 or employee of the ,united ,states any decree1 judgment1 or order which may be necessary or appropriate to require such production4 7c7 ,nothing in this section shall be construed as affecting or otherwise limiting the authorities provided to the ,comptroller ,general in section #gaf of this title4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #g of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #gba the following3 #gbb4 ,requirement to respond to requests for information from the ,comptroller ,general for budget and appropriations law decisions4 4 #ebb4 ,reporting requirements for ,antideficiency ,act violations 7a7 ,violations of section #acda or #acdb ,section #acea of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by striking ,if and inserting 7a7 ,if the ,comptroller ,general1 an executive agency1 or the ,district of ,columbia government determines that2 7#b7 by striking violates and inserting has violated2 7#c7 by inserting and the ,attorney ,general after transmitted to the ,comptroller ,general2 and 7#d7 by adding at the end the following3 7b7 ,any such report shall include a statement of the provision violated1 a summary of the facts pertaining to the violation1 the title and ,treasury ,appropriation ,fund ,symbol of the appropriation or fund account1 the amount involved for each violation1 the date on which the violation occurred1 the position of any officer or employee responsible for the violation1 a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation1 a statement of any additional action taken to prevent recurrence of the same type of violation1 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 government1 and any written response by any officer or employee identified by position as involved in the violation4 7c7 ,if the ,comptroller ,general issues a legal decision concluding that an officer or employee of an executive agency or of the ,district of ,columbia government has violated section #acda7;a7 or #acdb and the executive agency or ,district of ,columbia government1 as applicable1 does not agree that a violation has occurred1 the report under subsection 7a7 shall explain its position4 4 7b7 ,violations of section #aeag ,section #aeag of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,if and inserting ,if the ,comptroller ,general1 an executive agency1 or the ,district of ,columbia government determines that2 7,b7 by striking violates and inserting has violated2 and 7,c7 by inserting and the ,attorney ,general after transmitted to the ,comptroller ,general2 and 7#b7 by adding at the end the following3 7c7 ,any such report shall include a statement of the provision violated1 a summary of the facts pertaining to the violation1 the title and ,treasury ,appropriation ,fund ,symbol of the appropriation or fund account1 the amount involved for each violation1 the date on which the violation occurred1 the position of any officer or employee responsible for the violation1 a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation1 a statement of any additional action taken to prevent recurrence of the same type of violation1 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 government1 and any written response by any officer or employee identified by position as involved in the violation4 7d7 ,if the ,comptroller ,general issues a legal decision concluding that an officer or employee of an executive agency or of the ,district of ,columbia government has violated subsection 7a7 and the executive agency or ,district of ,columbia government1 as applicable1 does not agree that a violation has occurred1 the report provided to the ,president1 the ,congress1 and the ,comptroller ,general will explain its position4 4 #ebc4 ,department of ,justice reporting to ,congress for ,antideficiency ,act violations 7a7 ,violations of section #acda or #acdb ,section #acej of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by striking ,an officer and inserting 7a7 ,an officer2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,if an executive agency or the ,district of ,columbia government reports1 under section #acea1 a violation of section #acda7;a7 or #acdb1 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 section #acda7;a7 or #acdb1 as applicable4 ,if the ,attorney ,general determines that there are such reasonable grounds1 the ,attorney ,general diligently shall investigate a criminal violation under this section4 7#b7 ,the ,attorney ,general shall submit to ,congress and the ,comptroller ,general on or before ,march #ca of each calendar year an annual report detailing separately for each executive agency and the ,district of ,columbia government-- 7,a7 the number of reports under section #acea transmitted to the ,president during the preceding calendar year2 7,b7 the number of reports reviewed in accordance with paragraph 7#a7 during the preceding calendar year2 7,c7 without identification of any individual officer or employee of an executive agency or of the ,district of ,columbia government1 a description of each investigation undertaken in accordance with paragraph 7#a7 during the preceding calendar year and an explanation of the status of any such investigation2 and 7,d7 without identification of any individual officer or employee of an executive agency or of the ,district of ,columbia government1 an explanation of any update to the status of any review or investigation previously reported pursuant to this paragraph4 4 7b7 ,violations of section #aeag ,section #aeai of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by striking ,an officer and inserting 7a7 ,an officer2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,if an executive agency or the ,district of ,columbia government reports1 under section #aeag7;b71 a violation of section #aeag7;a71 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 section #aeag7;a74 ,if the ,attorney ,general determines that there are such reasonable grounds1 the ,attorney ,general diligently shall investigate a criminal violation under this section4 7#b7 ,the ,attorney ,general shall submit to ,congress and the ,comptroller ,general on or before ,march #ca of each calendar year an annual report detailing separately for each executive agency and the ,district of ,columbia government-- 7,a7 the number of reports under section #aeag7;b7 transmitted to the ,president during the preceding calendar year2 7,b7 the number of reports reviewed in accordance with paragraph 7#a7 during the preceding calendar year2 7,c7 without identification of any individual officer or employee of the ,united ,states ,government or of the ,district of ,columbia government1 a description of each investigation undertaken in accordance with paragraph 7#a7 during the preceding calendar year and an explanation of the status of any such investigation2 and 7,d7 without identification of any individual officer or employee of the ,united ,states ,government or of the ,district of ,columbia government1 an explanation of any update to the status of any review or investigation previously reported pursuant to this subsection4 4 #ebd4 ,publication of budget or appropriations law opinions of the ,department of ,justice ,office of ,legal ,counsel 7a7 ,schedule of publication for final ,,olc opinions ,each final ,,olc opinion shall be made available on its public website in a manner that is searchable1 sortable1 and downloadable in its entirety as soon as is practicable1 but-- 7#a7 not later than #cj days after the opinion is issued or updated if such action takes place on or after the date of enactment of this ,act2 7#b7 not later than #a year after the date of enactment of this ,act for an opinion issued on or after ,january #bj1 #aiic2 7#c7 not later than #b years after the date of enactment of this ,act for an opinion issued on or after ,january #bj1 #aiha1 and before or on ,january #ai1 #aiic2 7#d7 not later than #c years after the date of enactment of this ,act for an opinion issued on or after ,january #bj1 #aifi1 and before or on ,january #ai1 #aiha2 and 7#e7 not later than #d years after the date of enactment of this ,act for all other opinions4 7b7 ,exceptions and limitation on public availability of final ,,olc opinions 7#a7 ,in general ,a final ,,olc opinion or part thereof may be withheld only to the extent-- 7,a7 information contained in the opinion was-- 7i7 specifically authorized to be kept secret1 under criteria established by an ,executive order1 in the interest of national defense or foreign policy2 7ii7 properly classified1 including all procedural and marking requirements1 pursuant to such ,executive order2 7iii7 the ,attorney ,general determines that the national defense or foreign policy interests protected outweigh the public's interest in access to the information2 and 7iv7 put through declassification review within the past two years2 7,b7 information contained in the opinion relates to the appointment of a specific individual not confirmed to ,federal office2 7,c7 information contained in the opinion is specifically exempted from disclosure by statute 7other than sections #eeb and #eeb;b of title #e1 ,united ,states ,code71 if such statute-- 7i7 requires that the material be withheld in such a manner as to leave no discretion on the issue2 or 7ii7 establishes particular criteria for withholding or refers to particular types of material to be withheld2 7,d7 information in the opinion includes trade secrets and commercial or financial information obtained from a person and privileged or confidential whose disclosure would likely cause substantial harm to the competitive position of the person from whom the information was obtained2 7,e7 the ,president1 in his or her sole and nondelegable determination1 formally and personally claims in writing that executive privilege prevents the release of the information and disclosure would cause specific identifiable harm to an interest protected by an exception or the disclosure is prohibited by law2 or 7,f7 information in the opinion includes personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy4 7#b7 ,determination to withhold ,any determination under this subsection to withhold information contained in a final ,,olc opinion shall be made by the ,attorney ,general or a designee of the ,attorney ,general4 ,the determination shall be-- 7,a7 in writing2 7,b7 made available to the public within the same timeframe as is required of a formal ,,olc opinion2 7,c7 sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore2 and 7,d7 effective only for a period of #c years1 subject to review and reissuance1 with each reissuance made available to the public4 7#c7 ,final opinions ,for final ,,olc opinions for which the text is withheld in full or in substantial part1 a detailed unclassified summary of the opinion shall be made available to the public1 in the same timeframe as required of the final ,,olc opinion1 that conveys the essence of the opinion1 including any interpretations of a statute1 the ,constitution1 or other legal authority4 ,a notation shall be included in any published list of final ,,olc opinions regarding the extent of the withholdings4 7#d7 ,no limitation on freedom of information ,nothing in this subsection shall be construed as limiting the availability of information under section #eeb of title #e1 ,united ,states ,code or construed as an exemption under paragraph 7#c7 of subsection 7b7 of such section4 7#e7 ,no limitation on relief ,a decision by the ,attorney ,general to release or withhold information pursuant to this title shall not preclude any action or relief conferred by statutory or regulatory regime that empowers any person to request or demand the release of information4 7#f7 ,reasonably segregable portions of opinions to be published ,any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this section4 ,the amount of information withheld1 and the exemption under which the withholding is made1 shall be indicated on the released portion of the opinion1 unless including that indication would harm an interest protected by the exemption in this paragraph under which the withholding is made4 ,if technically feasible1 the amount of the information withheld1 and the exemption under which the withholding is made1 shall be indicated at the place in the opinion where such withholding is made4 7c7 ,method of publication ,the ,attorney ,general shall publish each final ,,olc opinion to the extent the law permits1 including by publishing the opinions on a publicly accessible website that-- 7#a7 with respect to each opinion-- 7,a7 contains an electronic copy of the opinion1 including any transmittal letter associated with the opinion1 in an open format that is platform independent and that is available to the public without restrictions2 7,b7 provides the public the ability to retrieve an opinion1 to the extent practicable1 through searches based on-- 7i7 the title of the opinion2 7ii7 the date of publication or revision2 or 7iii7 the full text of the opinion2 7,c7 identifies the time and date when the opinion was required to be published1 and when the opinion was transmitted for publication2 and 7,d7 provides a permanent means of accessing the opinion electronically2 7#b7 includes a means for bulk download of all final ,,olc opinions or a selection of opinions retrieved using a text-based search2 7#c7 provides free access to the opinions1 and does not charge a fee1 require registration1 or impose any other limitation in exchange for access to the website2 and 7#d7 is capable of being upgraded as necessary to carry out the purposes of this section4 7d7 ,definitions ,in this section3 7#a7 ,,olc opinion ,the term ,,olc opinion means views on a matter of legal interpretation communicated by the ,office of ,legal ,counsel of the ,department of ,justice to any other office or agency1 or person in an office or agency1 in the executive branch1 including any office in the ,department of ,justice1 the ,white ,house1 or the ,executive ,office of the ,president1 and rendered in accordance with sections #eaa-eac of title #bh1 ,united ,states ,code1 and relating to-- 7,a7 subtitle ,,ii1 ,,iii1 ,v1 or ,,vi of title #ca1 ,united ,states ,code2 7,b7 the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe2 7,c7 the ,congressional ,budget and ,impoundment ,control ,act of #aigd2 or 7,d7 any appropriations ,act1 continuing resolution1 or other provision of law providing or governing appropriations or budget authority4 7#b7 ,final ,,olc opinion ,the term final ,,olc opinion means an ,,olc opinion that-- 7,a7 the ,attorney ,general1 ,assistant ,attorney ,general for the ,office of ,legal ,counsel1 or a ,deputy ,assistant ,attorney ,general for the ,office of ,legal ,counsel1 has determined is final2 or 7,b7 is cited in another ,office of ,legal ,counsel opinion4 ,c ,strengthening ,congressional ,role in and ,oversight of ,emergency ,declarations and ,designations #eca4 ,improving checks and balances on the use of the ,national ,emergencies ,act 7a7 ,requirements relating to declaration and renewal of national emergencies ,title ,,ii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba et seq47 is amended by striking sections #bja and #bjb and inserting the following3 #bja4 ,declarations of national emergencies 7a7 ,authority ,to declare national emergencies ,with respect to ,acts of ,congress authorizing the exercise1 during the period of a national emergency1 of any special or extraordinary power1 the ,president is authorized to declare such a national emergency by proclamation4 ,such proclamation shall immediately be transmitted to ,congress and published in the ,federal ,register4 7b7 ,specification of provisions of law ,to be exercised and reporting ,no powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the ,president specifies the provisions of law under which the ,president proposes that the ,president or other officers will act in-- 7#a7 a proclamation declaring a national emergency under subsection 7a72 or 7#b7 one or more ,executive orders relating to the emergency published in the ,federal ,register and transmitted to ,congress4 7c7 ,prohibition on subsequent actions if emergencies not approved 7#a7 ,subsequent declarations ,if a joint resolution of approval is not enacted under section #bjc with respect to a national emergency before the expiration of the period described in section #bjb7;a71 or with respect to a national emergency proposed to be renewed under section #bjb7;b71 the ,president may not1 during the remainder of the term of office of that ,president1 declare a subsequent national emergency under subsection 7a7 with respect to the same circumstances4 7#b7 ,exercise of authorities ,if a joint resolution of approval is not enacted under section #bjc with respect to a power or authority specified by the ,president in a proclamation under subsection 7a7 or an ,executive order under subsection 7b77#b7 with respect to a national emergency1 the ,president may not1 during the remainder of the term of office of that ,president1 exercise that power or authority with respect to that emergency4 7d7 ,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 terms1 referring to this title1 and declaring that the new law supersedes the provisions of this title4 #bjb4 ,effective periods of national emergencies 7a7 ,temporary effective periods 7#a7 ,in general ,a declaration of a national emergency shall remain in effect for a period of #bj days from the issuance of the proclamation under section #bja7;a7 7unless the declaration is terminated before the end of that period pursuant to an ,act of ,congress under subsection 7c77#a77;,c7 or a proclamation of the ,president under subsection 7c77#a77;,d77 and shall terminate when that #bj-;day period expires unless there is enacted into law a joint resolution of approval under section #bjc with respect to the proclamation4 7#b7 ,exercise of powers and authorities ,any emergency power or authority made available under a provision of law specified in a proclamation or ,executive order pursuant to section #bja7;b7 may be exercised pursuant to the declaration of a national emergency for a period of #bj days from the issuance of the proclamation or ,executive order 7unless the declaration is terminated before the end of that period pursuant to an ,act of ,congress under subsection 7c77#a77;,c7 or a proclamation of the ,president under subsection 7c77#a77;,d774 ,that power or authority may not be exercised after that #bj-;day period expires unless there is enacted into law a joint resolution of approval under section #bjc approving-- 7,a7 the proclamation of the national emergency or the ,executive order2 and 7,b7 the exercise of the power or authority specified by the ,president in such proclamation or ,executive order4 7#c7 ,computation of days ,for purposes of paragraphs 7#a7 and 7#b71 a period of days shall be computed excluding-- 7,a7 the days on which the ,senate or the ,house of ,representatives is not in session because of an adjournment of more than #c days to a day certain or an adjournment of the ,congress sine die2 7,b7 any ,saturday and ,sunday1 not excluded under subparagraph 7,a71 when the ,senate or the ,house of ,representatives is not in session2 or 7,c7 the date on which the proclamation or ,executive order described in paragraph 7#a7 or 7#b71 as applicable1 is issued4 7b7 ,renewal of national emergencies 7#a7 ,in general ,a national emergency declared by the ,president under section #bja7;a7 or previously renewed under this subsection1 and not already terminated pursuant to subsection 7a7 or 7c71 shall terminate on the date described in paragraph 7#b7 unless-- 7,a7 the ,president publishes in the ,federal ,register and transmits to ,congress an ,executive order renewing the emergency2 and 7,b7 there is enacted into law a joint resolution of approval with respect to renewing the emergency pursuant to section #bjc before the termination of the emergency or previous renewal of the emergency4 7#b7 ,date described ,the date described in this paragraph is the date that is one year after1 as applicable-- 7,a7 the date on which the ,president transmitted to ,congress the proclamation declaring the emergency2 or 7,b7 the date of the enactment of a previous joint resolution of approval with respect to renewing the emergency pursuant to section #bjc4 7c7 ,termination of national emergencies 7#a7 ,in general ,any national emergency declared by the ,president under section #bja7;a7 shall terminate on the earliest of-- 7,a7 the date provided for in subsection 7a72 7,b7 the date provided for in subsection 7b72 7,c7 the date specified in an ,act of ,congress terminating the emergency2 or 7,d7 the date specified in a proclamation of the ,president terminating the emergency4 7#b7 ,effect of termination ,effective on the date of the termination of a national emergency under paragraph 7#a7-- 7,a7 any powers or authorities exercised by reason of the emergency shall cease to be exercised2 7,b7 any amounts reprogrammed1 repurposed1 or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated2 and 7,c7 any contracts entered into under any provision of law relating to the emergency shall be terminated4 #bjc4 ,review by ,congress of national emergencies 7a7 ,joint resolution of approval defined ,in this section1 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 clause3 7#a7 ,a provision approving one or more-- 7,a7 proclamations declaring national emergencies under section #bja7;a72 7,b7 ,executive orders issued under section #bja7;b77#b72 or 7,c7 ,executive orders issued under section #bjb7;b74 7#b7 ,a provision approving a list of all or a portion of the provisions of law specified by the ,president under section #bja7;b7 in the proclamations or ,executive orders that are the subject of the joint resolution4 7b7 ,procedures for consideration of joint resolutions of approval 7#a7 ,introduction ,after the ,president transmits to ,congress a proclamation declaring a national emergency under section #bja7;a71 or an ,executive order specifying emergency powers or authorities under section #bja7;b77#b7 or renewing a national emergency under section #bjb7;b71 a joint resolution of approval may be introduced in either ,house of ,congress by any member of that ,house4 7#b7 ,committee referral in the ,senate ,in the ,senate1 a joint resolution of approval shall be referred to the appropriate committee4 7#c7 ,expedited consideration in ,senate ,in the ,senate1 the following shall apply3 7,a7 ,committee referral ,a joint resolution of approval shall be referred to the appropriate committee or committees4 7,b7 ,reporting and discharge ,if the committee to which a joint resolution of approval has been referred has not reported it at the end of #aj calendar days after its introduction1 that committee shall be discharged from further consideration of the resolution and it shall be placed on the calendar4 7,c7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 when a committee to which a joint resolution of approval is referred has reported the resolution1 or when that committee is discharged under subparagraph 7,b7 from further consideration of the resolution1 it is at any time thereafter in order to move to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against the motion to proceed to the consideration of the joint resolution7 are waived4 ,the motion to proceed shall be debatable for #d hours evenly divided between proponents and opponents of the joint resolution of approval4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of a joint resolution of approval is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7,d7 ,floor consideration ,there shall be #aj hours of consideration on a joint resolution of approval1 to be divided evenly between the proponents and opponents of the joint resolution4 ,of that #aj hours1 there shall be a total of #b hours of debate on any debatable motions in connection with the joint resolution1 to be divided evenly between the proponents and opponents of the joint resolution4 7,e7 ,amendments ,no amendments shall be in order with respect to a joint resolution of approval in the ,senate4 7,f7 ,motion to reconsider vote on passage ,a motion to reconsider a vote on passage of a joint resolution of approval shall not be in order4 7,g7 ,appeals ,points of order and appeals from the decision of the ,presiding ,officer shall be decided without debate4 7#d7 ,expedited consideration in ,house of ,representatives ,in the ,house of ,representatives1 the following shall apply3 7,a7 ,reporting and discharge ,if any committee to which a joint resolution of approval has been referred has not reported it to the ,house within #g legislative days after the date of referral such committee shall be discharged from further consideration of the joint resolution4 7,b7 7i7 ,proceeding to consideration ,beginning on the third legislative day after each committee to which a joint resolution of approval has been referred reports it to the ,house or has been discharged from further consideration thereof1 it shall be in order to move to proceed to consider the joint resolution of approval in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed on the joint resolution of approval4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7ii7 ,motion ,a motion to proceed to the consideration of a joint resolution of approval with respect to an ,executive order described in subparagraph 7,b7 or 7,c7 of subsection 7a77#a7 or a list described in subsection 7a77#b7 shall not be in order before the enactment of a joint resolution of approval with respect to the proclamation described in subsection 7a77#a77;,a7 that is the subject of the ,executive order or list4 7,c7 ,consideration ,the joint resolution of approval shall be considered as read4 ,all points of order against the joint resolution of approval and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution of approval to final passage without intervening motion except #b hours of debate equally divided and controlled by the sponsor of the joint resolution of approval 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution of approval shall not be in order4 7#e7 ,coordination with action by other ,house 7,a7 ,in general ,if1 before the passage by one ,house of ,congress of a joint resolution of approval of that ,house1 that ,house receives from the other ,house a joint resolution of approval with respect to the same proclamation described in section #bja7;a7 or ,executive order described in section #bja7;b77#b7 or #bjb7;b71 then the following procedures shall apply3 7i7 ,the joint resolution of approval of the other ,house shall not be referred to a committee4 7ii7 ,with respect to a joint resolution of approval of the ,house receiving the joint resolution-- 7,i7 the procedure in that ,house shall be the same as if no joint resolution of approval had been received from the other ,house2 but 7,,ii7 the vote on passage shall be on the joint resolution of approval of the other ,house4 7iii7 ,upon the failure of passage of the joint resolution of approval of the other ,house1 the question shall immediately occur on passage of the joint resolution of approval of the receiving ,house4 7,b7 ,treatment of legislation of other ,house ,if one ,house fails to introduce a joint resolution of approval under this section with respect to proclamation under section #bja7;a7 or ,executive order under section #bja7;b77#b7 or #bjb7;b71 the joint resolution of approval of the other ,house shall be entitled to expedited consideration under paragraph 7#c7 or 7#d71 as applicable4 7,c7 ,application to revenue measures ,the provisions of this paragraph shall not apply in the ,house of ,representatives to a joint resolution of approval that is a revenue measure4 7#f7 ,treatment of veto message ,debate on a veto message in the ,senate under this section shall be #a hour evenly divided between the majority and minority leaders or their designees4 7c7 ,rule of construction ,the enactment of a joint resolution of approval under this section shall not be interpreted to serve as a grant or modification by ,congress of statutory authority for the emergency powers of the ,president4 7d7 ,rules of the ,house and ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in the ,house in the case of joint resolutions of approval described in this section1 and supersedes other rules only to the extent that it is inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #bjd4 ,exclusion of certain national emergencies invoking ,international ,emergency ,economic ,powers ,act 7a7 ,in general ,in the case of a national emergency described in subsection 7b71 the provisions of the ,national ,emergencies ,act1 as in effect on the day before the date of the enactment of the ,congressional ,power of the ,purse ,act1 shall continue to apply on and after such date of enactment4 7b7 ,national emergency described 7#a7 ,in general ,a national emergency described in this subsection is a national emergency pursuant to which the ,president proposes to exercise emergency powers or authorities made available under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 supplemented as necessary by a provision of law specified in paragraph 7#b74 7#b7 ,provisions of law specified ,the provisions of law specified in this paragraph are-- 7,a7 the ,united ,nations ,participation ,act of #aide 7#bb ,u4,s4,c4 #bhg et seq472 7,b7 section #bab7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;f772 or 7,c7 any provision of law that authorizes the implementation1 imposition1 or enforcement of economic sanctions with respect to a foreign country4 7c7 ,effect of additional powers and authorities ,subsection 7a7 shall not apply to a national emergency or the exercise of emergency powers and authorities pursuant to the national emergency if1 in addition to the exercise of emergency powers and authorities described in subsection 7b71 the ,president proposes to exercise1 pursuant to the national emergency1 any emergency powers and authorities under any other provision of law4 4 7b7 ,reporting requirements ,section #dja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afda7 is amended by adding at the end the following3 7d7 ,report on emergencies ,the ,president shall transmit to ,congress1 with any proclamation declaring a national emergency under section #bja7;a7 or any ,executive order specifying emergency powers or authorities under section #bja7;b77#b7 or renewing a national emergency under section #bjb7;b71 a report1 in writing1 that includes the following3 7#a7 ,a description of the circumstances necessitating the declaration of a national emergency1 the renewal of such an emergency1 or the use of a new emergency power or authority1 as the case may be4 7#b7 ,the estimated duration of the national emergency1 or a statement that the duration of the national emergency cannot reasonably be estimated at the time of transmission of the report4 7#c7 ,a summary of the actions the ,president or other officers intend to take1 including any reprogramming or transfer of funds and any contracts anticipated to be entered into1 and the statutory authorities the ,president and such officers expect to rely on in addressing the national emergency4 7#d7 ,in the case of a renewal of a national emergency1 a summary of the actions the ,president or other officers have taken in the preceding one-year period1 including any reprogramming or transfer of funds1 to address the emergency4 7e7 ,provision of information to ,congress ,the ,president shall provide to ,congress such other information as ,congress may request in connection with any national emergency in effect under title ,,ii4 7f7 ,periodic reports on status of emergencies ,if the ,president declares a national emergency under section #bja7;a71 the ,president shall1 not less frequently than every #ij days for the duration of the emergency1 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 emergency4 4 7c7 ,exclusion of imposition of duties and import quotas from presidential authorities under international emergency economic powers act ,section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,the authority granted to the ,president by this section does not include the authority to impose duties or tariff-rate quotas or 7subject to paragraph 7#b77 other quotas on articles entering the ,united ,states4 7#b7 ,the limitation under paragraph 7#a7 does not prohibit the ,president from excluding all articles imported from a country from entering the ,united ,states4 4 7d7 ,conforming amendments 7#a7 ,national ,emergencies ,act ,title ,,iii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afca7 is repealed4 7#b7 ,international ,emergency ,economic ,powers ,act ,section #bjg of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjf7 is amended-- 7,a7 in subsection 7b71 by striking concurrent resolution and inserting joint resolution each place it appears2 and 7,b7 by adding at the end the following3 7e7 ,in this section1 the term ,national ,emergencies ,act means the ,national ,emergencies ,act1 as in effect on the day before the date of the enactment of the ,congressional ,power of the ,purse ,act4 4 7e7 ,effective date2 applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 this section and the amendments made by this section shall take effect on the date of the enactment of this ,act and apply with respect to national emergencies declared under section #bja of the ,national ,emergencies ,act on or after that date4 7#b7 ,applicability to renewals of existing emergencies ,when a national emergency declared under section #bja of the ,national ,emergencies ,act before the date of the enactment of the ,congressional ,power of the ,purse ,act would expire or be renewed under section #bjb7;d7 of that ,act 7as in effect on the day before such date of enactment71 that national emergency shall be subject to the requirements for renewal under section #bjb7;b7 of that ,act1 as amended by subsection 7a74 #ecb4 ,national ,emergencies ,act declaration spending reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #ead of this ,act1 is further amended by adding at the end the following3 7#dd7 7,a7 a report on the proposed1 planned1 and actual obligations and expenditures of funds 7for the prior fiscal year1 the current fiscal year1 and the fiscal year for which the budget is submitted7 attributable to the exercise of powers and authorities made available by statute for each national emergency declared by the ,president1 currently active or in effect during the applicable fiscal years4 7,b7 ,obligations and expenditures contained in the report under subparagraph 7,a7 shall-- 7i7 be organized by ,treasury ,appropriation ,fund ,symbol or fund account and by program1 project1 and activity2 and 7ii7 include-- 7,i7 a description of each such program1 project1 and activity2 7,,ii7 the authorities under which such funding actions are taken2 and 7,,iii7 the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency4 7,c7 ,the report under subparagraph 7,a7 shall include1 with respect to any transfer1 reprogramming1 or repurposing of funds to address the applicable national emergency-- 7i7 the amount of such transfer1 reprogramming1 or repurposing2 7ii7 the authority authorizing each such transfer1 reprogramming1 or repurposing2 and 7iii7 a description of programs1 projects1 and activities affected by such transfer1 reprogramming1 or repurposing1 including by a reduction in funding4 4 #ecc4 ,disclosure to ,congress of presidential emergency action documents 7a7 ,in general ,not later than #cj days after the conclusion of the process for approval1 adoption1 or revision of any presidential emergency action document1 the ,president shall submit that document to the appropriate congressional committees4 7b7 ,documents in existence before date of enactment ,not later than #ae days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees all presidential emergency action documents in existence before such date of enactment4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees1 with respect to a presidential emergency action document submitted under subsection 7a7 or 7b71 means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,select ,committee on ,intelligence of the ,senate2 7,b7 the ,committee on ,oversight and ,reform1 the ,committee on the ,judiciary1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,c7 any other committee of the ,senate or the ,house of ,representatives with jurisdiction over the subject matter addressed in the presidential emergency action document4 7#b7 ,presidential emergency action document ,the term presidential emergency action document refers to-- 7,a7 each of the approximately #ef documents described as presidential emergency action documents in the budget justification materials for the ,office of ,legal ,counsel of the ,department of ,justice submitted to ,congress in support of the budget of the ,president for fiscal year #bjah2 and 7,b7 any other pre-coordinated legal document in existence before1 on1 or after the date of the enactment of this ,act1 that-- 7i7 is designated as a presidential emergency action document2 or 7ii7 is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes4 #ecd4 ,emergency and overseas contingency operations designations by ,congress in statute ,section #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking and the ,president subsequently so designates2 and 7#b7 in clause 7ii71 by striking and the ,president subsequently so designates4 ,,vi ,security from ,political ,interference in ,justice #fja4 ,short title ,this title may be cited as the ,security from ,political ,interference in ,justice ,act4 #fjb4 ,definitions ,in this title3 7#a7 ,communications log ,the term communications log means the log required to be maintained under section #fjc7;a74 7#b7 ,covered communication 7,a7 ,in general ,the term covered communication means any communication relating to any contemplated or ongoing investigation or litigation conducted by the ,department of ,justice in any civil or criminal matter 7regardless of whether a civil action or criminal indictment or information has been filed74 7,b7 ,exceptions ,the term covered communication does not include a communication that is any of the following3 7i7 ,a communication that involves contact between the ,president1 the ,vice ,president1 the ,counsel to the ,president1 or the ,principal ,deputy ,counsel to the ,president1 and the ,attorney ,general1 the ,deputy ,attorney ,general1 or the ,associate ,attorney ,general1 except to the extent that the communication concerns a contemplated or ongoing investigation or litigation in which a target or subject is one of the following3 7,i7 ,the ,president1 the ,vice ,president1 or a member of the immediate family of the ,president or ,vice ,president4 7,,ii7 ,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 #ecac of title #e1 ,united ,states ,code4 7,,iii7 ,the current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the ,president1 or any officer of such a committee exercising authority at the national level1 during the tenure in office of the ,president4 7ii7 ,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 matter1 if any of the ,president1 the ,vice ,president1 the ,counsel to the ,president1 or the ,principal ,deputy ,counsel to the ,president1 and if any of the ,attorney ,general1 the ,deputy ,attorney ,general1 or the ,associate ,attorney ,general1 have designated a subordinate to carry on such contact1 and the person so designating monitors all subsequent communications and the person designated keeps the designating person informed of each such communication1 except to the extent that the communication concerns a contemplated or ongoing investigation or litigation in which a target or subject is one of the following3 7,i7 ,the ,president1 the ,vice ,president1 or a member of the immediate family of the ,president or ,vice ,president4 7,,ii7 ,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 #ecac of title #e1 ,united ,states ,code4 7,,iii7 ,the current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the ,president1 or any officer of such a committee exercising authority at the national level1 during the tenure in office of the ,president4 7iii7 ,a communication that involves contact from or to the ,deputy ,counsel to the ,president for ,national ,security ,affairs1 the staff of the ,national ,security ,council1 or the staff of the ,homeland ,security ,council that relates to a national security matter1 except to the extent that the communication concerns a pending adversarial case in litigation that may have national security implications4 7iv7 ,a communication that involves contact between the ,office of the ,pardon ,attorney of the ,department of ,justice and the ,counsel to the ,president or a ,deputy ,counsel to the ,president relating to pardon matters4 7v7 ,a communication that relates solely to policy1 appointments1 legislation1 rulemaking1 budgets1 public relations or affairs1 programmatic matters1 intergovernmental relations1 administrative or personnel matters1 appellate litigation1 or requests for legal advice4 7#c7 ,member of the immediate family of the ,president or ,vice ,president ,the term member of the immediate family of the ,president or ,vice ,president means an individual to whom the ,president or ,vice ,president-- 7,a7 is related by blood1 marriage1 or adoption2 or 7,b7 stands in loco parentis4 #fjc4 ,communications logs 7a7 ,in general ,the ,attorney ,general shall maintain a log of covered communications4 7b7 ,contents ,a communications log shall include1 with respect to a covered communication-- 7#a7 the name and title of each officer or employee of the ,department of ,justice or the ,executive ,office of the ,president who participated in the covered communication2 7#b7 the topic of the covered communication2 and 7#c7 a statement describing the purpose and necessity of the covered communication4 7c7 ,oversight 7#a7 ,periodic disclosure of logs ,not later than ,january #cj and ,july #cj of each year1 the ,attorney ,general shall submit to the ,office of the ,inspector ,general of the ,department of ,justice a report containing the communications log for the #f-month period preceding that ,january or ,july4 7#b7 ,notice of inappropriate or improper communications ,the ,office of the ,inspector ,general of the ,department of ,justice shall-- 7,a7 review each communications log received under paragraph 7#a72 and 7,b7 notify the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives if the ,inspector ,general determines that a covered communication described in the communications log-- 7i7 is inappropriate from a law enforcement perspective2 or 7ii7 raises concerns about improper political interference4 7d7 ,rule of construction ,nothing in this section may be construed to limit the valid written assertion by the ,president of presidential communications privilege with regard to any material required to be submitted under this section4 #fjd4 ,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 title4 ,,vii ,protecting ,inspector ,general ,independence ,a ,requiring ,cause for ,removal #gja4 ,short title ,this subtitle may be cited as the ,inspector ,general ,independence ,act4 #gjb4 ,amendment ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #c7;b7-- 7,a7 by striking ,an ,inspector ,general and inserting 7#a7 ,an ,inspector ,general2 7,b7 by inserting after by the ,president the following3 in accordance with paragraph 7#b72 and 7,c7 by adding at the end the following3 7#b7 ,the ,president may remove an ,inspector ,general only for any of the following grounds 7and the documentation of any such ground shall be included in the communication required pursuant to paragraph 7#a773 7,a7 ,documented permanent incapacity4 7,b7 ,documented neglect of duty4 7,c7 ,documented malfeasance4 7,d7 ,documented conviction of a felony or conduct involving moral turpitude4 7,e7 ,documented knowing violation of a law or regulation4 7,f7 ,documented gross mismanagement4 7,g7 ,documented gross waste of funds4 7,h7 ,documented abuse of authority4 7,i7 ,documented inefficiency4 2 and 7#b7 in section #h;,g7e77#b71 by adding at the end the following3 ,an ,inspector ,general may be removed only for any of the following grounds 7and the documentation of any such ground shall be included in the communication required pursuant to this paragraph73 7,a7 ,documented permanent incapacity4 7,b7 ,documented neglect of duty4 7,c7 ,documented malfeasance4 7,d7 ,documented conviction of a felony or conduct involving moral turpitude4 7,e7 ,documented knowing violation of a law or regulation4 7,f7 ,documented gross mismanagement4 7,g7 ,documented gross waste of funds4 7,h7 ,documented abuse of authority4 7,i7 ,documented inefficiency4 4 #gjc4 ,removal or transfer requirements 7a7 ,reasons for removal or transfer ,section #c7;b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by section #gjb1 is amended-- 7#a7 in paragraph 7#a71 by striking reasons and inserting substantive rationale1 including detailed and case-specific reasons12 and 7#b7 by adding at the end the following3 7#c7 ,if there is an open or completed inquiry into an ,inspector ,general that relates to the removal or transfer of the ,inspector ,general under paragraph 7#a71 the written communication required under that paragraph shall-- 7,a7 identify each entity that is conducting1 or that conducted1 the inquiry2 and 7,b7 in the case of a completed inquiry1 contain the findings made during the inquiry4 4 7b7 ,reasons for removal or transfer for designated ,federal entities ,section #h;,g7e7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#b71 by striking reasons and inserting substantive rationale1 including detailed and case-specific reasons12 and 7#b7 by inserting at the end the following3 7#c7 ,if there is an open or completed inquiry into an ,inspector ,general that relates to the removal or transfer of the ,inspector ,general under paragraph 7#b71 the written communication required under that paragraph shall-- 7,a7 identify each entity that is conducting1 or that conducted1 the inquiry2 and 7,b7 in the case of a completed inquiry1 contain the findings made during the inquiry4 4 ,b ,inspectors ,general of ,intelligence ,community #gaa4 ,independence of ,inspectors ,general of the ,intelligence ,community 7a7 ,in general ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by adding at the end the following new title3 ,,xii ,matters ,regarding ,inspectors ,general of ,elements of the ,intelligence ,community ,a ,inspectors ,general #abja4 ,independence of ,inspectors ,general 7a7 ,definitions ,in this section3 7#a7 ,administrative leave ,the term administrative leave includes any other type of paid or unpaid non-duty status4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the congressional intelligence committees2 and 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7#c7 ,head official ,the term head official means-- 7,a7 with respect to the position of a covered ,inspector ,general that requires appointment by the ,president1 by and with the advice and consent of the ,senate1 the ,president2 and 7,b7 with respect to the position of a covered ,inspector ,general that requires appointment by a head of a department or agency of the ,federal ,government1 the head of such department or agency4 7b7 ,removal 7#a7 ,in general ,a covered ,inspector ,general may be removed from office only by the head official4 7#b7 ,grounds ,the head official may remove a covered ,inspector ,general only for any of the following grounds3 7,a7 ,documented permanent incapacity4 7,b7 ,documented neglect of duty4 7,c7 ,documented malfeasance4 7,d7 ,documented conviction of a felony or conduct involving moral turpitude4 7,e7 ,documented knowing violation of a law or regulation4 7,f7 ,documented gross mismanagement4 7,g7 ,documented gross waste of funds4 7,h7 ,documented abuse of authority4 7,i7 ,documented ,inefficiency4 7c7 ,administrative leave 7#a7 ,in general ,a covered ,inspector ,general may be placed on administrative leave only by the head official4 7#b7 ,grounds ,the head official may place a covered ,inspector ,general on administrative leave only for any of the grounds specified in subsection 7b77#b74 7d7 ,notification ,the head official may not remove a covered ,inspector ,general under subsection 7b7 or place a covered ,inspector ,general on administrative leave under subsection 7c7 unless-- 7#a7 the head official transmits in writing to the appropriate congressional committees a notification of such removal or placement1 including an explanation of the documented grounds specified in subsection 7b77#b7 for such removal or placement2 and 7#b7 with respect to the removal of a covered ,inspector ,general1 a period of #cj days elapses following the date of such transmittal4 7e7 ,report ,not later than #cj days after the date on which the head official notifies a covered ,inspector ,general of being removed under subsection 7b7 or placed on administrative leave under subsection 7c71 the office of that ,inspector ,general shall submit to the appropriate congressional committees a report containing the following3 7#a7 ,a description of the facts and circumstances of any pending complaint1 investigation1 inspection1 audit1 or other review or inquiry1 including any information1 allegation1 or complaint reported to the ,attorney ,general in accordance with section #ece of title #bh1 ,united ,states ,code1 that the ,inspector ,general was working on as of the date of such removal or placement4 7#b7 ,any other significant matter that the office of the ,inspector ,general determines appropriate4 7f7 ,rule of construction ,nothing in this section shall be construed to prohibit a personnel action of a covered ,inspector ,general otherwise authorized by law1 other than transfer or removal4 4 7b7 ,definition ,section #c of such ,act 7#ej ,u4,s4,c4 #cjjc7 is amended by adding at the end the following new paragraph3 7#h7 ,the term covered ,inspector ,general means each of the following3 7,a7 ,the ,inspector ,general of the ,intelligence ,community4 7,b7 ,the ,inspector ,general of the ,central ,intelligence ,agency4 7,c7 ,the ,inspector ,general of the ,defense ,intelligence ,agency4 7,d7 ,the ,inspector ,general of the ,national ,reconnaissance ,office4 7,e7 ,the ,inspector ,general of the ,national ,geospatial-,intelligence ,agency4 7,f7 ,the ,inspector ,general of the ,national ,security ,agency4 4 7c7 ,clerical amendments ,the table of sections at the beginning of the ,national ,security ,act of #aidg is amended by adding after the items relating to title ,,xi the end the following new items3 ,title ,,xii--,matters ,regarding ,inspectors ,general of ,elements of the ,intelligence ,community,subtitle ,a--,inspectors ,general,sec4 #abja4 ,independence of ,inspectors ,general4 4 #gab4 ,authority of ,inspectors ,general of the ,intelligence ,community to determine matters of urgent concern 7a7 ,determination 7#a7 ,in general ,title ,,xii of the ,national ,security ,act of #aidg1 as added by section #gaa1 is amended by inserting after section #abja the following new section3 #abjc4 ,determination of matters of urgent concern 7a7 ,determination 7#a7 ,in general ,each covered ,inspector ,general shall have sole authority to determine whether any complaint or information reported to the ,inspector ,general is a matter of urgent concern4 7#b7 ,finality ,a determination described in paragraph 7#a7 is final and conclusive4 7b7 ,foreign interference in elections ,in addition to any other matter which is considered an urgent concern pursuant to section #ajc;,h7k77#e77;,g71 section #ag7;d77#e77;,g7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e77;,g771 or other applicable provision of law1 the term urgent concern includes a serious or flagrant problem1 abuse1 violation of law or ,executive order1 or deficiency relating to foreign interference in elections in the ,united ,states4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #abja1 as added by section #gaa1 the following new item3 ,sec4 #abjc4 ,determination of matters of urgent concern4 4 7b7 ,conforming amendments 7#a7 ,intelligence community ,section #ajc;,h7k77#e77;,g7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,g77 is amended by striking ,in this paragraph and inserting ,in accordance with section #abjc1 in this paragraph4 7#b7 ,central ,intelligence ,agency ,section #ag7;d77#e77;,g7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e77;,g77 is amended by striking ,in this paragraph and inserting ,in accordance with section #abjc of the ,national ,security ,act of #aidg1 in this paragraph4 7c7 ,reports on unresolved differences ,paragraph 7#c7 of section #ajc;,h7k7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77 is amended by adding at the end the following new subparagraph3 7,c7 ,with respect to each report submitted pursuant to subparagraph 7,a77i71 the ,inspector ,general shall include in the report1 at a minimum-- 7i7 a general description of the unresolved differences1 the particular duties or responsibilities of the ,inspector ,general involved1 and1 if such differences relate to a complaint or information under paragraph 7#e71 a description of the complaint or information and the entities or individuals identified in the complaint or information2 and 7ii7 to the extent such differences can be attributed not only to the ,director but also to any other official1 department1 agency1 or office within the executive branch1 or a component thereof1 the titles of such official1 department1 agency1 or office4 4 7d7 ,clarification of role of ,director of ,national ,intelligence ,section #ajb;,a7f77#a7 of such ,act 7#ej ,u4,s4,c4 #cjbd7;f77#a77 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#b7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 ,the authority of the ,director of ,national ,intelligence under subparagraph 7,a7 includes coordinating and supervising activities undertaken by elements of the intelligence community for the purpose of protecting the ,united ,states from any foreign interference in elections in the ,united ,states4 4 #gac4 ,conforming amendments and coordination with other provisions of law 7a7 ,intelligence community ,paragraph 7#d7 of section #ajc;,h7c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;c77 is amended to read as follows3 7#d7 ,the provisions of title ,,xii shall apply to the ,inspector ,general with respect to the removal of the ,inspector ,general and any other matter relating to the ,inspector ,general as specifically provided for in such title4 4 7b7 ,central ,intelligence ,agency ,paragraph 7#f7 of section #ag7;b7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;b77 is amended to read as follows3 7#f7 ,the provisions of title ,,xii of the ,national ,security ,act of #aidg shall apply to the ,inspector ,general with respect to the removal of the ,inspector ,general and any other matter relating to the ,inspector ,general as specifically provided for in such title4 4 7c7 ,other elements 7#a7 ,in general ,title ,,xii of the ,national ,security ,act of #aidg1 as added by section #gaa1 is further amended by inserting after section #abjc1 as added by section #gab7;a71 the following new section3 #abje4 ,coordination with other provisions of law ,no provision of law that is inconsistent with any provision of this title shall be considered to supersede1 repeal1 or otherwise modify a provision of this title unless such other provision of law specifically cites a provision of this title in order to supersede1 repeal1 or otherwise modify that provision of this title4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #abjc1 as added by section #gab1 the following new item3 ,sec4 #abje4 ,coordination with other provisions of law4 4 ,c ,congressional ,notification #gba4 ,short title ,this subtitle may be cited as the ,inspector ,general ,protection ,act4 #gbb4 ,change in status of ,inspector ,general offices 7a7 ,change in status of ,inspector ,general of office ,paragraph 7#a7 of section #c7;b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as designated by section #gjb1 is amended-- 7#a7 by inserting 1 is placed on paid or unpaid non-duty status1 after is removed from office2 7#b7 by inserting 1 change in status1 after any such removal2 and 7#c7 by inserting 1 change in status1 after before the removal4 7b7 ,change in status of ,inspector ,general of designated ,federal entity ,section #h;,g7e77#b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by section #gjc1 is amended-- 7#a7 by inserting 1 is placed on paid or unpaid non-duty status1 after office2 7#b7 by inserting 1 change in status1 after any such removal2 and 7#c7 by inserting 1 change in status1 after before the removal4 7c7 ,exception to requirement ,to submit communication relating to certain changes in status 7#a7 ,communication relating to change in status of ,inspector ,general of ,office ,section #c7;b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by section #gjb1 is amended-- 7,a7 in paragraph 7#a71 by striking ,if and inserting ,except as provided in paragraph 7#d71 if2 and 7,b7 by adding at the end the following3 7#d7 ,if an ,inspector ,general is placed on paid or unpaid non-duty status1 the ,president may submit the communication described in paragraph 7#a7 to ,congress later than #cj days before the ,inspector ,general is placed on paid or unpaid non-duty status1 but in any case not later than the date on which the placement takes effect1 if-- 7,a7 the ,president determines that a delay in placing the ,inspector ,general on paid or unpaid non-duty status would-- 7i7 pose a threat to the ,inspector ,general or others2 7ii7 result in the destruction of evidence relevant to an investigation2 or 7iii7 result in loss of or damage to ,government property2 and 7,b7 in the communication1 the ,president includes-- 7i7 a specification of which clause the ,president relied on to make the determination under subparagraph 7,a72 7ii7 the substantive rationale1 including detailed and case-specific reasons1 for such determination2 7iii7 if the ,president relied on an inquiry to make such determination1 an identification of each entity that is conducting1 or that conducted1 such inquiry2 and 7iv7 if an inquiry described in clause 7iii7 is completed1 the findings of that inquiry4 7#e7 ,the ,president may not place an ,inspector ,general on paid or unpaid non-duty status during the #cj-;day period preceding the date on which the ,inspector ,general is removed or transferred under paragraph 7#a7 unless the ,president-- 7,a7 determines that not placing the ,inspector ,general on paid or unpaid non-duty status would-- 7i7 pose a threat to the ,inspector ,general or others2 7ii7 result in the destruction of evidence relevant to an investigation2 or 7iii7 result in loss of or damage to ,government property2 and 7,b7 on or before the date on which the placement takes effect1 submits to the committee in the ,senate and the committee in the ,house of ,representatives that has jurisdiction over the ,inspector ,general involved1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives a written communication that contains-- 7i7 a specification of which clause under subparagraph 7,a7 the ,president relied on to make the determination under such subparagraph2 7ii7 the substantive rationale1 including detailed and case-specific reasons1 for such determination2 7iii7 if the ,president relied on an inquiry to make such determination1 an identification of each entity that is conducting1 or that conducted1 such inquiry2 and 7iv7 if an inquiry described in clause 7iii7 is completed1 the findings of that inquiry4 4 7#b7 ,communication relating to change in status of ,inspector ,general of designated ,federal entity ,section #h;,g7e7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by section #gjb1 is amended-- 7,a7 in paragraph 7#b71 by striking ,if and inserting ,except as provided in paragraph 7#d71 if2 and 7,b7 by adding at the end the following3 7#d7 ,if an ,inspector ,general is placed on paid or unpaid non-duty status1 the head of the designated ,federal entity may submit the communication described in paragraph 7#b7 to ,congress later than #cj days before the ,inspector ,general is placed on paid or unpaid non-duty status1 but in any case not later than the date on which the placement takes effect1 if-- 7,a7 the head of the designated ,federal entity determines that a delay in placing the ,inspector ,general on paid or unpaid non-duty status would-- 7i7 pose a threat to the ,inspector ,general or others2 7ii7 result in the destruction of evidence relevant to an investigation2 or 7iii7 result in loss of or damage to ,government property2 and 7,b7 in the communication1 the head of the designated ,federal entity includes-- 7i7 a specification of which clause under subparagraph 7,a7 the head of the designated ,federal entity relied on to make the determination under such subparagraph2 7ii7 the substantive rationale1 including detailed and case-specific reasons1 for such determination2 7iii7 if the head relied on an inquiry to make such determination1 an identification of each entity that is conducting1 or that conducted1 such inquiry2 and 7iv7 if an inquiry described in clause 7iii7 is completed1 the findings of that inquiry4 7#e7 ,the head of a designated ,federal entity may not place an ,inspector ,general on paid or unpaid non-duty status during the #cj-;day period preceding the date on which the ,inspector ,general is removed or transferred under paragraph 7#b7 unless the head of the designated ,federal entity-- 7,a7 determines that not placing the ,inspector ,general on paid or unpaid non-duty status would-- 7i7 pose a threat to the ,inspector ,general or others2 7ii7 result in the destruction of evidence relevant to an investigation2 or 7iii7 result in loss of or damage to ,government property2 and 7,b7 on or before the date on which the placement takes effect1 submits to the committee in the ,senate and the committee in the ,house of ,representatives that has jurisdiction over the ,inspector ,general involved1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives a written communication that contains-- 7i7 a specification of which clause under subparagraph 7,a7 the head of the designated ,federal entity relied on to make the determination under such subparagraph2 7ii7 the substantive rationale1 including detailed and case-specific reasons1 for such determination2 7iii7 if the head of the designated ,federal entity relied on an inquiry to make such determination1 an identification of each entity that is conducting1 or that conducted1 such inquiry2 and 7iv7 if an inquiry described in clause 7iii7 is completed1 the findings of that inquiry4 4 7d7 ,application ,the amendments made by this section shall apply with respect to removals1 transfers1 and changes of status occurring on or after the date that is #cj days after the date of enactment of this ,act4 #gbc4 ,presidential explanation of failure to nominate an ,inspector ,general 7a7 ,in ,general ,subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code1 is amended by inserting after section #ccdi;d the following3 #ccdi;e4 ,presidential explanation of failure to nominate an ,inspector ,general ,if the ,president fails to make a formal nomination for a vacant ,inspector ,general position that requires a formal nomination by the ,president to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is #baj days after that date1 the ,president shall communicate1 within #cj days after the end of such period1 to ,congress in writing-- 7#a7 the reasons why the ,president has not yet made a formal nomination2 and 7#b7 a target date for making a formal nomination4 4 7b7 ,clerical ,amendment ,the table of sections for chapter #cc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to #ccdi;d the following3 #ccdi;e4 ,presidential explanation of failure to nominate an ,inspector ,general4 4 7c7 ,effective ,date ,the amendment made by subsection 7a7 shall take effect on the date of enactment of this ,act and shall apply to any vacancy first occurring on or after that date4 ,,viii ,protecting ,whistleblowers #hja4 ,short title ,this title may be cited as the ,whistleblower ,protection ,improvement ,act of #bjba4 ,a ,whistleblower ,protection ,improvement #haa4 ,additional whistleblower protections 7a7 ,investigations as personnel actions 7#a7 ,in general ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in clause 7xi71 by striking and at the end2 7,b7 by redesignating clause 7xii7 as clause 7xiii72 and 7,c7 by inserting after the clause 7xi7 the following3 7xii7 for purposes of subsection 7b77#h7-- 7,i7 the commencement1 expansion1 or extension of an investigation1 but not including any investigation that is ministerial or nondiscretionary 7including a ministerial or nondiscretionary investigation described in section #abac7 or any investigation that is conducted by an ,inspector ,general of an entity of the ,government of an employee not employed by the office of that ,inspector ,general2 and 7,,ii7 a referral to an ,inspector ,general of an entity of the ,government1 except for a referral that is ministerial or nondiscretionary2 and 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any investigation commenced1 expanded1 or extended1 or to any referral made1 as described under clause 7xii7 of section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 as amended by such paragraph1 on or after the date of enactment of this ,act4 7b7 ,right ,to petition ,congress 7#a7 ,in general ,section #bcjb7;b77#i7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 in subparagraph 7,d71 by adding or after the semicolon at the end2 and 7,c7 by adding at the end the following3 7,e7 the exercise of any right protected under section #gbaa2 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to the exercise of any right described in subparagraph 7,e7 of section #bcjb7;b77#i7 of title #e1 ,united ,states ,code1 as added by such paragraph 7#a71 occurring on or after the date of enactment of this ,act4 7c7 ,prohibition on disclosure of whistleblower identity 7#a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,no employee of an agency may willfully communicate or transmit to any individual who is not an officer or employee of the ,government the identity of1 or personally identifiable information about1 any other employee because that other employee has made1 or is suspected to have made1 a disclosure protected by subsection 7b77#h71 unless-- 7,a7 the other employee provides express written consent prior to the communication or transmission of their identity or personally identifiable information2 7,b7 the communication or transmission is made in accordance with the provisions of section #eeb;a2 7,c7 the communication or transmission is made to a lawyer for the sole purpose of providing legal advice to an employee accused of whistleblower retaliation2 or 7,d7 the communication or transmission is required or permitted by any other provision of law4 7#b7 ,in this subsection1 the term officer or employee of the ,government means-- 7,a7 the ,president2 7,b7 a ,member of ,congress2 7,c7 a member of the uniformed services2 7,d7 an employee1 as that term is defined in section #baje1 including an employee of the ,united ,states ,postal ,service1 the ,postal ,regulatory ,commission1 or the ,department of ,veterans ,affairs 7including any employee appointed pursuant to chapter #gc or #gd of title #ch72 and 7,e7 any other officer or employee in any branch of the ,government of the ,united ,states4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any transmission or communication described in subsection 7g7 of section #bcjb of title #e1 ,united ,states ,code1 as added by such paragraph 7#a71 made on or after the date of enactment of this ,act4 7d7 ,right ,to petition ,congress 7#a7 ,in general ,section #gbaa of title #e1 ,united ,states ,code1 is amended to read as follows3 #gbaa4 ,employees' right to petition or furnish information or respond to ,congress 7a7 ,in general ,each officer or employee of the ,federal ,government1 individually or collectively1 has a right to-- 7#a7 petition ,congress or a ,member of ,congress2 7#b7 furnish information1 documents1 or testimony to either ,house of ,congress1 any ,member of ,congress1 or any committee or subcommittee of ,congress2 or 7#c7 respond to any request for information1 documents1 or testimony from either ,house of ,congress or any ,committee or subcommittee of ,congress4 7b7 ,prohibited actions ,no officer or employee of the ,federal ,government may interfere with or deny the right set forth in subsection 7a71 including by-- 7#a7 prohibiting or preventing1 or attempting or threatening to prohibit or prevent1 any other officer or employee of the ,federal ,government from engaging in activity protected in subsection 7a72 or 7#b7 removing1 suspending from duty without pay1 demoting1 reducing in rank1 seniority1 status1 pay1 or performance or efficiency rating1 denying promotion to1 relocating1 reassigning1 transferring1 disciplining1 or discriminating in regard to any employment right1 entitlement1 or benefit1 or any term or condition of employment of1 any other officer or employee of the ,federal ,government or attempting or threatening to commit any of the foregoing actions protected in subsection 7a74 7c7 ,application ,this section shall not be construed to authorize disclosure of any information that is-- 7#a7 specifically prohibited from disclosure by any other provision of ,federal law2 or 7#b7 specifically required by ,executive order to be kept secret in the interest of national defense or the conduct of foreign affairs1 unless disclosure is otherwise authorized by law4 7d7 ,definition of officer or employee of the ,federal ,government ,for purposes of this section1 the term officer or employee of the ,federal ,government includes-- 7#a7 the ,president2 7#b7 a ,member of ,congress2 7#c7 a member of the uniformed services2 7#d7 an employee 7as that term is defined in section #baje72 7#e7 an employee of the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission2 and 7#f7 an employee appointed under chapter #gc or #gd of title #ch4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #gb of title #e1 ,united ,states ,code1 is amended by striking the item related to section #gbaa and inserting the following3 #gbaa4 ,employees' right to petition or furnish information or respond to ,congress4 4 #hab4 ,enhancement of whistleblower protections 7a7 ,disclosures relating to officers or employees of an ,office of ,inspector ,general ,section #abac7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,if the information transmitted under this subsection disclosed a violation of law1 rule1 or regulation1 or gross waste1 gross mismanagement1 abuse of authority1 or a substantial and specific danger to public health or safety1 by any officer or employee of an ,office of ,inspector ,general1 the ,special ,counsel may refer the matter to the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 which shall comply with the standards and procedures applicable to investigations and reports under this subsection4 4 7b7 ,retaliatory referrals to ,inspectors ,general ,section #abad7;d7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,in any case in which the ,special ,counsel determines that a referral to an ,inspector ,general of an entity of the ,federal ,government was in retaliation for a disclosure or protected activity described in section #bcjb7;b77#h7 or in retaliation for exercising a right described in section #bcjb7;b77#i77;,a77i71 the ,special ,counsel shall transmit that finding in writing to the ,inspector ,general within #g days of making the finding4 ,the ,inspector ,general shall consider that finding and make a determination on whether to initiate an investigation or continue an investigation based on the referral that the ,special ,counsel found to be retaliatory4 4 7c7 ,ensuring timely relief 7#a7 ,individual right of action ,section #abba of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d71 each place it appears and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g714 7#b7 ,stays ,section #abba7;c77#b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,any stay requested under paragraph 7#a7 shall be granted within #aj calendar days 7excluding ,saturdays1 ,sundays1 and legal holidays7 after the date the request is made1 if the ,board-- 7,a7 determines that there is a substantial likelihood that protected activity was a contributing factor to the personnel action involved2 or 7,b7 otherwise determines that such a stay would be appropriate4 4 7#c7 ,appeal of stay ,section #abba7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,if any stay requested under paragraph 7#a7 is denied1 the employee1 former employee1 or applicant may1 within #g days after receiving notice of the denial1 file an appeal for expedited review by the ,board4 ,the agency shall have #g days thereafter to respond4 ,the ,board shall provide a decision not later than #ba days after receiving the appeal4 ,during the period of appeal1 both parties may supplement the record with information unavailable to them at the time the stay was first requested4 4 7#d7 ,access to district court2 jury trials 7,a7 ,in general ,section #abba7;i7 of title #e1 ,united ,states ,code1 is amended-- 7i7 by striking 7i7 ,subsections and inserting 7i77#a7 ,subsections2 and 7ii7 by adding at the end the following3 7#b7 7,a7 ,if1 in the case of an employee1 former employee1 or applicant for employment who seeks corrective action from the ,merit ,systems ,protection ,board based on an alleged prohibited personnel practice described in section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g71 no final order or decision is issued by the ,board within #ahj days after the date on which a request for such corrective action has been duly submitted to the ,board1 such employee1 former employee1 or applicant may1 after providing written notice to the ,special ,counsel and the ,board and only within #bj days after providing such notice1 bring an action for review de novo before the appropriate ,united ,states district court1 and such action shall1 at the request of either party to such action1 be tried before a jury4 ,upon filing of an action with the appropriate ,united ,states district court1 any proceedings before the ,board shall cease and the employee1 former employee1 or applicant for employment waives any right to refile with the ,board4 7,b7 ,if the ,board certifies 7in writing7 to the parties of a case that the complexity of such case requires a longer period of review1 subparagraph 7,a7 shall be applied by substituting #bdj days for #ahj days4 7,c7 ,in any such action brought before a ,united ,states district court under subparagraph 7,a71 the court-- 7i7 shall apply the standards set forth in subsection 7e72 and 7ii7 may award any relief that the court considers appropriate1 including any relief described in subsection 7g74 4 7,b7 ,application 7i7 ,in general ,the amendments made by subparagraph 7,a7 shall apply to any corrective action duly submitted to the ,merit ,systems ,protection ,board1 during the #e-year period preceding the date of enactment of this ,act1 by an employee1 former employee1 or applicant for employment based on an alleged prohibited personnel practice described in section #bcjb7;b77#h71 #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d71 or #bcjb7;b77#ac7 of title #e1 ,united ,states ,code1 with respect to which no final order or decision has been issued by the ,board4 7ii7 ,limitation ,in the case of an individual described in clause 7i7 whose duly submitted claim to the ,merit ,systems ,protection ,board was made not later than #ahj days before the date of enactment of this ,act1 such individual may only bring an action before a ,united ,states district court as described in section #abba7;i77#b7 of title #e1 ,united ,states ,code 7as added by subparagraph 7,a771 if that individual-- 7,i7 provides written notice to the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board not later than #ij days after the date of enactment of this ,act2 and 7,,ii7 brings such action not later than #bj days after providing such notice4 7d7 ,recipients of whistleblower disclosures ,section #bcjb7;b77#h77;,b7 of title #e1 ,united ,states ,code1 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 agency1 a supervisor in the employee's direct chain of command up to and including the head of the employing agency1 or to an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures4 7e7 ,attorney fees 7#a7 ,in general ,section #ggjc7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,if an employee1 former employee1 or applicant for employment is the prevailing party under a proceeding brought under this section1 the employee1 former employee1 or applicant for employment shall be entitled to attorney fees for all representation carried out pursuant to this section4 ,in such an action for attorney fees1 the agency responsible for taking the personnel action shall be the respondent and shall be responsible for paying the fees4 4 7#b7 ,application ,in addition to any proceeding brought by an employee1 former employee1 or applicant for employment on or after the date of enactment of this ,act to a ,federal court under section #ggjc of title #e1 ,united ,states ,code1 the amendment made by paragraph 7#a7 shall apply to any proceeding brought by an employee1 former employee1 or applicant for employment under such section before the date of enactment of this ,act with respect to which the applicable ,federal court has not issued a final decision4 7f7 ,extending ,whistleblower ,protection ,act to certain employees 7#a7 ,in general ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended in the matter following clause 7xiii71 as so redesignated by section #haa7;a77#a7-- 7,a7 by inserting subsection 7b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 subsection 7b77#ac71 or subsection 7g71 after subsection 7b77#h712 and 7,b7 by inserting after title #ca the following3 1 a commissioned officer or applicant for employment in the ,public ,health ,service1 an officer or applicant for employment in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 or a noncareer appointee in the ,senior ,executive ,service4 7#b7 ,conforming amendments ,section #bfa of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjga7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#h72 and 7ii7 by redesignating paragraphs 7#i7 through 7#bf7 as paragraphs 7#h7 through 7#be71 respectively2 7,b7 in subsection 7b71 by striking the second sentence2 and 7,c7 by striking subsection 7c74 7#c7 ,application 7,a7 ,in general ,with respect to an officer or applicant for employment in the commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration1 the amendments made by paragraphs 7#a7 and 7#b7 shall apply to any personnel action taken against such officer or applicant on or after the date of enactment of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,amendments ,act of #bjbj 7,public ,law #aaf-bei7 for making any disclosure protected under section #bcjb7;b77#h7 of title #e1 ,united ,states ,code4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any personnel action with respect to which an allegation has been submitted pursuant to section #ajcd of title #aj1 ,united ,states ,code1 and a final decision has been rendered regarding such allegation4 7,c7 ,definitions ,in this paragraph1 the terms disclosure and personnel action have the meanings given those terms in section #bcjb7;a7 of title #e1 ,united ,states ,code4 7g7 ,relief 7#a7 ,in general ,section #ggja7;b77#b77;,a7 of title #e1 ,united ,states ,code1 is amended by striking upon the making of the decision and inserting upon making of the decision1 necessary to make the employee whole as if there had been no prohibited personnel practice1 including training1 seniority1 and promotions consistent with the employee's prior record4 7#b7 ,application ,in addition to any appeal made on or after the date of enactment of this ,act to the ,merit ,systems ,protection ,board under section #ggja of title #e1 ,united ,states ,code1 the amendment made by paragraph 7#a7 shall apply to any appeal made under such section before the date of enactment of this ,act with respect to which the ,board has not issued a final decision4 #hac4 ,classifying certain furloughs as adverse personnel actions 7a7 ,in general ,section #geab of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 and 7#b7 by striking paragraph 7#e7 and inserting the following3 7#e7 a furlough of more than #ad days but less than #cj days2 and 7#f7 a furlough of #ac days or less that is not due to a lapse in appropriations2 4 7b7 ,application ,the amendment made by subsection 7a7 shall apply to any furlough covered by paragraph 7#e7 or 7#f7 of section #geab of title #e1 ,united ,states ,code1 as amended by such subsection1 occurring on or after the date of enactment of this ,act4 #had4 ,codification of protections for disclosures of censorship related to research1 analysis1 or technical information 7a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 as amended by section #haa7;c77#a71 is further amended by adding at the end the following3 7h7 7#a7 ,in this subsection-- 7,a7 the term applicant means an applicant for a covered position2 7,b7 the term censorship related to research1 analysis1 or technical information means any effort to distort1 misrepresent1 or suppress research1 analysis1 or technical information2 and 7,c7 the term employee means an employee in a covered position in an agency4 7#b7 7,a7 ,any disclosure of information by an employee or applicant for employment that the employee or applicant reasonably believes is evidence of censorship related to research1 analysis1 or technical information-- 7i7 shall come within the protections of subsection 7b77#h77;,a7 if-- 7,i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7aa7 any violation of law1 rule1 or regulation2 or 7bb7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7,,ii7 such disclosure is not specifically prohibited by law or such information is not specifically required by ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs2 and 7ii7 shall come within the protections of subsection 7b77#h77;,b7 if-- 7,i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7aa7 any violation of law1 rule1 or regulation2 or 7bb7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7,,ii7 the disclosure is made to the ,special ,counsel1 or to the ,inspector ,general of an agency or another person designated by the head of the agency to receive such disclosures1 consistent with the protection of sources and methods4 7#c7 ,a disclosure shall not be excluded from paragraph 7#b7 for any reason described under paragraph 7#a7 or 7#b7 of subsection 7f74 7#d7 ,nothing in this subsection shall be construed to imply any limitation on the protections of employees and applicants afforded by any other provision of law1 including protections with respect to any disclosure of information believed to be evidence of censorship related to research1 analysis1 or technical information4 4 7b7 ,repeal 7#a7 ,in general ,section #aaj of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note7 is hereby repealed4 7#b7 ,rule of construction ,nothing in this section shall be construed to limit or otherwise affect any action under section #aaj of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note7 commenced before the date of enactment of this ,act or any protections afforded by such section with respect to such action4 #hae4 ,title #e technical and conforming amendments ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #abab7;h71 by striking or 7#i7 each place it appears and inserting 1 7b77#i71 7b77#ac71 or 7g72 7#b7 in section #abad-- 7,a7 in subsections 7a7 and 7b71 by striking section #bcjb7;b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 each place it appears and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 and 7,b7 in subsection 7i71 by striking section #bcjb7;b77#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of section #bcjb7;b77#i7 and inserting section #bcjb7;b77#h71 subparagraph 7,a77i71 7,b71 7,c71 7,d71 or 7,e7 of section #bcjb7;b77#i71 section #bcjb7;b77#ac71 or section #bcjb7;g72 7#c7 in section #abae7;a77#c77;,b71 by striking section #bcjb7;b77#h71 or #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 each place it appears and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 7#d7 in section #bcjb-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by inserting or 7g7 after subsection 7b72 and 7ii7 in paragraph 7#b77;,c77i71 by striking subsection 7b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g72 and 7,b7 in subsection 7c77#a77;,b71 by striking paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of subsection 7b7 and inserting paragraph 7#h71 subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i71 or paragraph 7#ac71 of subsection 7b71 or subsection 7g72 7#e7 in section #geae7;a77#b71 by striking paragraph 7#h71 7#i71 or 7#ad7 of section #bcjb7;b7 and inserting paragraph 7#h71 7#i71 7#ac71 or 7#ad7 of section #bcjb7;b7 or section #bcjb7;g72 7#f7 in section #ggja7;c77#b77;,b71 by inserting or section #bcjb7;g7 after section #bcjb7;b72 and 7#g7 in section #ggjc7;b77#a77;,b71 by striking section #bcjb7;b77#h71 or #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d7 and inserting section #bcjb7;b77#h71 section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 section #bcjb7;b77#ac71 or section #bcjb7;g74 ,b ,whistleblowers of the ,intelligence ,community #hba4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints 7a7 ,in general ,title ,,xii of the ,national ,security ,act of #aidg1 as added by section #gaa1 is further amended by inserting after section #abje1 as added by section #gac7;c71 the following new subtitle3 ,b ,protections for ,whistleblowers #abbc4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints 7a7 ,whistleblower disclosure information defined ,in this section1 the term whistleblower disclosure information means1 with respect to a whistleblower disclosure-- 7#a7 the disclosure2 7#b7 confirmation of the fact of the existence of the disclosure2 or 7#c7 the identity1 or other identifying information1 of the whistleblower who made the disclosure4 7b7 ,in general ,it shall be unlawful for any employee or officer of the ,federal ,government to knowingly and willfully share any whistleblower disclosure information with any individual named as a subject of the whistleblower disclosure and alleged in the disclosure to have engaged in misconduct1 unless-- 7#a7 the whistleblower consented1 in writing1 to such sharing before the sharing occurs2 7#b7 a covered ,inspector ,general to whom such disclosure is made-- 7,a7 determines that such sharing is necessary to advance an investigation1 audit1 inspection1 review1 or evaluation by the ,inspector ,general2 and 7,b7 notifies the whistleblower of such sharing before the sharing occurs2 or 7#c7 an attorney for the ,government-- 7,a7 determines that such sharing is necessary to advance an investigation by the attorney2 and 7,b7 notifies the whistleblower of such sharing before the sharing occurs4 4 7b7 ,technical and clerical amendments 7#a7 ,transfer ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended as follows3 7,a7 ,section #aajd is-- 7i7 transferred to title ,,xii of such ,act1 as added by section #gaa2 7ii7 inserted before section #abbc of such ,act1 as added by this section2 and 7iii7 redesignated as section #abba4 7,b7 ,section #aajf is-- 7i7 amended by striking section #aajd each place it appears and inserting section #abba2 7ii7 transferred to title ,,xii of such ,act1 as added by section #gaa2 7iii7 inserted after section #abbc of such ,act1 as added by this section2 and 7iv7 redesignated as section #abbe4 7#b7 ,clerical amendments ,the table of sections at the beginning of the ,national ,security ,act of #aidg is amended-- 7,a7 by striking the items relating to section #aajd and section #aajf2 and 7,b7 by inserting after the item relating to section #abje the following new items3 ,subtitle ,b--,protections for ,whistleblowers ,sec4 #abba4 ,prohibited personnel practices in the intelligence community4 ,sec4 #abbc4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints4 ,sec4 #abbe4 ,inspector ,general external review panel4 4 7c7 ,definitions ,section #c of such ,act 7#ej ,u4,s4,c4 #cjjc71 as amended by section #gaa1 is further amended by adding at the end the following new paragraphs3 7#i7 ,the term whistleblower means a person who makes a whistleblower disclosure4 7#aj7 ,the term whistleblower disclosure means a disclosure that is protected under section #abba of this ,act or section #cjja7;j77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;j774 4 7d7 ,conforming amendment ,section #ecca of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7division ,e of ,public ,law #aaf-ib2 #ej ,u4,s4,c4 #cjcc note7 is amended by striking section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 and inserting section #abba of the ,national ,security ,act of #aidg4 #hbb4 ,disclosures to ,congress 7a7 ,in general ,title ,,xii of the ,national ,security ,act of #aidg1 as added by section #gaa1 is further amended by inserting after section #abbe1 as designated by section #hba7;b71 the following new section3 #abbg4 ,procedures regarding disclosures to ,congress 7a7 ,guidance 7#a7 ,obligation to provide security direction upon request ,upon the request of a whistleblower1 the head of the relevant element of the intelligence community1 acting through the covered ,inspector ,general for that element1 shall furnish on a confidential basis to the whistleblower information regarding how the whistleblower may directly contact the congressional intelligence committees1 in accordance with appropriate security practices1 regarding a complaint or information of the whistleblower pursuant to section #ajc;,h7k77#e77;,d7 or other appropriate provision of law4 7#b7 ,nondisclosure ,unless a whistleblower who makes a request under paragraph 7#a7 provides prior consent1 a covered ,inspector ,general may not disclose to the head of the relevant element of the intelligence community-- 7,a7 the identity of the whistleblower2 or 7,b7 the element at which such whistleblower is employed1 detailed1 or assigned as a contractor employee4 7b7 ,oversight of obligation ,if a covered ,inspector ,general determines that the head of an element of the intelligence community denied a request by a whistleblower under subsection 7a71 directed the whistleblower not to contact the congressional intelligence committees1 or unreasonably delayed in providing information under such subsection1 the covered ,inspector ,general shall notify the congressional intelligence committees of such denial1 direction1 or unreasonable delay4 7c7 ,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 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #abbe1 as added by section #hba7;b71 the following new item3 ,sec4 #abbg4 ,procedures regarding disclosures to ,congress4 4 7c7 ,conforming amendment ,section #ajc;,h7k77#e77;,d77i7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,d77i77 is amended by adding at the end the following3 ,the employee may request information pursuant to section #abbg with respect to contacting such committees44 #hbc4 ,prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community 7a7 ,in general ,paragraph 7#c7 of subsection 7a7 of section #abba of the ,national ,security ,act of #aidg1 as designated by section #hba7;b77#a77;,a71 is amended-- 7#a7 in subparagraph 7,i71 by striking 2 or and inserting a semicolon2 7#b7 by redesignating subparagraph 7,j7 as subparagraph 7,k72 and 7#c7 by inserting after subparagraph 7,i7 the following3 7,j7 a knowing and willful disclosure revealing the identity or other personally identifiable information of such employee or such contractor employee without the express written consent of such employee or such contractor employee or if the ,inspector ,general determines such disclosure is necessary for the exclusive purpose of investigating a complaint or information received under section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app4 #h;,h72 or 4 7b7 ,applicability to detailees ,such subsection is amended by adding at the end the following3 7#e7 ,employee ,the term employee1 with respect to an agency or a covered intelligence community element1 includes an individual who has been detailed to such agency or covered intelligence community element4 4 7c7 ,private right of action for unlawful disclosure of whistleblower identity ,subsection 7d7 of such section is amended to read as follows3 7d7 ,enforcement 7#a7 ,in general ,except as otherwise provided in this subsection1 the ,president shall provide for the enforcement of this section4 7#b7 ,private right of action for unlawful1 willful disclosure of whistleblower identity ,in a case in which an employee of an agency1 or other employee or officer of the ,federal ,government1 takes a personnel action described in subsection 7a77#c77;,j7 against an employee of a covered intelligence community element as a reprisal in violation of subsection 7b7 or in a case in which a contractor employee takes a personnel action described in such subsection against another contractor employee as a reprisal in violation of subsection 7c71 the employee or contractor employee against whom the personnel action was taken may bring a private action for all appropriate remedies1 including injunctive relief and compensatory and punitive damages1 against the employee or contractor employee who took the personnel action1 in a ,federal district court of competent jurisdiction within #ahj days of when the employee or contractor employee first learned of or should have learned of the violation4 4 ,,ix ,accountability for ,acting ,officials #ija4 ,short title ,this title may be cited as the ,accountability for ,acting ,officials ,act4 #ijb4 ,clarification of ,federal ,vacancies ,reform ,act of #aiih 7a7 ,eligibility requirements ,section #ccde of title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 in paragraph 7#a71 by adding before the semicolon at the end the following3 1 but1 and except as provided in subsection 7e71 only if the individual serving in the position of first assistant has occupied such position for a period of at least #cj days during the #cfe-;day period preceding the date of the death1 resignation1 or beginning of inability to serve of the applicable officer2 and 7,b7 by striking subparagraph 7,a7 of paragraph 7#c7 and inserting the following3 7,a7 the officer or employee served in a position in such agency for a period of at least #a year preceding the date of death1 resignation1 or beginning of inability to serve of the applicable officer2 and 4 7#b7 ,by adding at the end the following3 7d7 ,for purposes of this section1 a position shall be considered to be the first assistant to the office with respect to which a vacancy occurs only if such position has been designated1 at least #cj days before the date of the vacancy1 by law1 rule1 or regulation as the first assistant position4 ,the previous sentence shall begin to apply on the date that is #ahj days after the date of enactment of the ,accountability for ,acting ,officials ,act4 7e7 ,the #cj-;day service requirement in subsection 7a77#a7 shall not apply to any individual who is a first assistant if-- 7#a7 7,a7 the office of such first assistant is an office for which appointment is required to be made by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 the ,senate has approved the appointment of such individual to such office2 or 7#b7 the individual began serving in the position of first assistant during the #ahj-;day period beginning on a transitional inauguration day 7as that term is defined in section #ccdi;a7a774 4 7b7 ,qualifications ,section #ccde7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection 7a77#b7 or 7f7 shall possess the qualifications 7if any7 set forth in law1 rule1 or regulation that are otherwise applicable to an individual appointed by the ,president1 by and with the advice and consent of the ,senate1 to occupy such office4 4 7c7 ,application to individuals removed from office ,paragraph 7#b7 of section #ccde7;c7 of title #e1 ,united ,states ,code1 is amended by inserting after the expiration of a term of office the following3 or removal 7voluntarily or involuntarily7 from office4 7d7 ,vacancy of ,inspector ,general positions 7#a7 ,in general ,section #ccde of title #e1 ,united ,states ,code1 as amended by subsection 7a77#b71 is further amended by adding at the end the following3 7f7 7#a7 ,notwithstanding subsection 7a71 if an ,inspector ,general position that requires appointment by the ,president by and with the advice and consent of the ,senate to be filled is vacant1 the first assistant of such position shall perform the functions and duties of the ,inspector ,general temporarily in an acting capacity subject to the time limitations of section #ccdf4 7#b7 ,notwithstanding subsection 7a71 if1 for purposes of carrying out paragraph 7#a7 of this subsection1 by reason of absence1 disability1 or vacancy1 the first assistant to the position of ,inspector ,general is not available to perform the functions and duties of the ,inspector ,general1 an acting ,inspector ,general shall be appointed by the ,president from among individuals serving in an office of any ,inspector ,general1 provided that-- 7,a7 during the #cfe-;day period preceding the date of death1 resignation1 or beginning of inability to serve of the applicable ,inspector ,general1 the individual served in a position in an office of any ,inspector ,general for not less than #ij days2 and 7,b7 the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at ,,gs-#ae of the ,general ,schedule4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any vacancy first occurring with respect to an ,inspector ,general position on or after the date of enactment of this ,act4 7e7 ,testimony of acting officials before ,congress ,section #ccde of title #e1 ,united ,states ,code1 as amended by subsection 7d77#a71 is further amended by adding at the end the following3 7g7 7#a7 ,any individual serving as an acting officer due to a vacancy to which this section applies1 or any individual who has served in such capacity and continues to perform the same or similar duties beyond the time limits described in section #ccdf1 shall appear1 at least once during any #fj-;day period that the individual is so serving1 before the appropriate committees of jurisdiction of the ,senate and the ,house of ,representatives4 7#b7 ,paragraph 7#a7 may be waived upon mutual agreement of the chairs and ranking members of such committees4 4 7f7 ,time limitation for principal offices ,section #ccdf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting or as provided in subsection 7d7 after sickness2 and 7#b7 by adding at the end the following3 7d7 ,with respect to the vacancy of the position of head of any agency listed in section #ija7;b7 of title #ca 7or of any other ,executive department7 and to which this section applies1 subsections 7a7 through 7c7 of this section and sections #ccdh7;c71 #ccdi7;b71 and #ccdi;a7b7 shall be applied by substituting #abj for #baj in each instance4 4 7g7 ,exclusivity ,section #ccdg of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,notwithstanding subsection 7a71 any statutory provision covered under paragraph 7#a7 of such subsection that contains a non-discretionary order or directive to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity shall be the exclusive means for temporarily authorizing an acting official to perform the functions and duties of such office4 4 7h7 ,reporting of vacancies 7#a7 ,in general ,section #ccdi of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking immediately upon in each instance and inserting not later than #g days after2 7ii7 in paragraph 7#c71 by striking and at the end2 7iii7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7#e7 notification of the end of the term of service of any person serving in an acting capacity and the name of any subsequent person serving in an acting capacity and the date the service of such subsequent person began not later than #g days after such date4 2 and 7,b7 in subsection 7b71 by striking immediately and inserting not later than #ad days after the date of such determination4 7#b7 ,technical corrections ,paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #ccdi of title #e1 ,united ,states ,code1 are amended to read as follows3 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 4 7i7 ,vacancies during presidential inaugural transitions ,section #ccdi;a7b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,notwithstanding section #ccdf 7except as provided in paragraph 7#b7 of this subsection7 or #ccdh7;c71 with respect to any vacancy that exists on a transitional inauguration day1 or that arises during the #fj-;day period beginning on such day1 the person serving as an acting officer as described under section #ccde may serve in the office-- 7#a7 for no longer than #cjj days beginning on such day2 or 7#b7 subject to section #ccdf7;b71 once a first or second nomination for the office is submitted to the ,senate1 from the date of such nomination for the period that the nomination is pending in the ,senate4 4 ,x ,strengthening ,hatch ,act ,enforcement and ,penalties #ajja4 ,short title ,this title may be cited as the ,hatch ,act ,accountability ,act4 #ajjb4 ,strengthening ,hatch ,act enforcement and penalties against political appointees 7a7 ,investigations by ,office of ,special ,counsel ,section #abaf of title #e1 ,united ,states ,code1 as amended by section #cjg1 is amended-- 7#a7 in subsection 7c71 by striking 7#a712 and 7#b7 by adding at the end the following3 7e7 7#a7 ,in addition to the authority otherwise provided in this chapter1 the ,special ,counsel may1 regardless of whether the ,special ,counsel has received an allegation1 conduct any investigation as the ,special ,counsel considers necessary concerning political activity prohibited under such subchapter4 7#b7 ,with respect to any investigation under paragraph 7#a71 the ,special ,counsel may seek corrective action under section #abad and disciplinary action under section #abae in the same way as if a prohibited personnel practice were involved4 7f7 7#a7 ,notwithstanding section #abae7;b71 consistent with paragraph 7#c7 of this subsection1 if1 after an investigation under subsection 7d77#a71 the ,special ,counsel determines that a political appointee has violated section #gcbc or #gcbd1 the ,special ,counsel may present a complaint to the ,merit ,systems ,protection ,board under the process provided in section #abae1 against such political appointee4 7#b7 ,notwithstanding section #gcbf1 a final order of the ,board on a complaint of a violation of section #gcbc or #gcbd by a political appointee may impose an assessment of a civil penalty not to exceed #ej1jjj4 7#c7 ,the ,special ,counsel may not present a complaint under paragraph 7#a7 of this subsection-- 7,a7 unless no disciplinary action or civil penalty has been taken or assessed1 respectively1 against the political appointee pursuant to section #gcbf2 and 7,b7 until on or after the date that is #ij days after the date that the complaint regarding the political appointee was presented to the ,president under section #abae7;b71 notwithstanding whether the ,president submits a written statement pursuant to paragraph 7#d7 of this subsection4 7#d7 7,a7 ,not later than #ij days after receiving from the ,special ,counsel a complaint recommending disciplinary action under section #abae7;b7 with respect to a political appointee for a violation of section #gcbc or #gcbd1 the ,president shall provide a written statement to the ,special ,counsel on whether the ,president imposed the recommended disciplinary action1 imposed another form of disciplinary action and the nature of that disciplinary action1 or took no disciplinary action against the political appointee4 7,b7 ,not later than #ad days after receiving a written statement under subparagraph 7,a7 of this paragraph-- 7i7 the ,special ,counsel shall submit the written statement to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7ii7 publish the written statement on the public website of the ,office of ,special ,counsel4 7#e7 ,not later than #ad days after the date that the ,special ,counsel determines a political appointee has violated section #gcbc or #gcbd1 the ,special ,counsel shall-- 7,a7 submit a report on the investigation into such political appointee1 and any communications sent from the ,special ,counsel to the ,president recommending discipline of such political appointee1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7,b7 publish the report and such communications on the public website of the ,office of ,special ,counsel4 7#f7 ,in this subsection1 the term political appointee means any individual1 other than the ,president and the ,vice-,president1 employed or holding office-- 7,a7 in the ,executive ,office of the ,president1 the ,office of the ,vice ,president1 and any other office of the ,white ,house1 but not including any career employee2 or 7,b7 in a confidential1 policy-making1 policy-determining1 or policy-advocating position appointed by the ,president1 by and with the advice and consent of the ,senate 7other than an individual in the ,foreign ,service of the ,united ,states74 4 7b7 ,clarification on application of ,hatch ,act to ,,eop and ,,ovp employees ,section #gcbb7a77;,a7 of title #e1 ,united ,states ,code1 is amended by inserting after ,executive agency the following3 1 including the ,executive ,office of the ,president1 the ,office of the ,vice ,president1 and any other office of the ,white ,house14 ,,xi ,promoting ,efficient ,presidential ,transitions #aaja4 ,short title ,this title may be cited as the ,efficient ,transition ,act of #bjba4 #aajb4 ,ascertainment of successful candidates in general elections for purposes of presidential transition 7a7 ,in general ,section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 is amended-- 7#a7 by striking ,the terms and inserting 7#a7 ,the terms2 and 7#b7 by adding at the end the following3 7#b7 ,the ,administrator shall make the ascertainment under paragraph 7#a7 as soon as practicable after the general elections4 7#c7 ,if the ,administrator does not make such ascertainment within #e days after such elections1 each eligible candidate 7as defined in subsection 7h77#d77 shall be treated as if the eligible candidate is the apparent successful candidate for purposes of this ,act until the ,administrator makes the ascertainment or until the ,house of ,representatives and the ,senate certify the results of the elections1 whichever occurs first4 4 7b7 ,regulations ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator of ,general ,services shall promulgate regulations that establish standards and procedures to be followed by the ,administrator in making an ascertainment under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note71 as amended by subsection 7a74 ,,xii ,presidential and ,vice ,presidential ,tax ,transparency #abja4 ,presidential and ,vice ,presidential tax transparency 7a7 ,definitions ,in this section-- 7#a7 ,the term covered candidate means a candidate of a major party in a general election for the office of ,president or ,vice ,president4 7#b7 ,the term income tax return means1 with respect to an individual1 any return 7as such term is defined in section #fajc7;b77#a7 of the ,internal ,revenue ,code of #aihf1 except that such term shall not include declarations of estimated tax7 of-- 7,a7 such individual1 other than information returns issued to persons other than such individual2 or 7,b7 of any corporation1 partnership1 or trust in which such individual holds1 directly or indirectly1 a significant interest as the sole or principal owner or the sole or principal beneficial owner 7as such terms are defined in regulations prescribed by the ,secretary74 7#c7 ,the term major party has the meaning given the term in section #ijjb of the ,internal ,revenue ,code of #aihf4 7#d7 ,the term ,secretary means the ,secretary of the ,treasury or the delegate of the ,secretary4 7b7 ,disclosure 7#a7 ,in general 7,a7 ,candidates for ,president and ,vice ,president ,not later than the date that is #ae days after the date on which an individual becomes a covered candidate1 the individual shall submit to the ,federal ,election ,commission a copy of the individual's income tax returns for the #aj most recent taxable years for which a return has been filed with the ,internal ,revenue ,service4 7,b7 ,president and ,vice ,president ,with respect to an individual who is the ,president or ,vice ,president1 not later than the due date for the return of tax for each taxable year1 such individual shall submit to the ,federal ,election ,commission a copy of the individual's income tax returns for the taxable year and for the #i preceding taxable years4 7,c7 ,transition rule for sitting ,presidents and ,vice ,presidents ,not later than the date that is #cj days after the date of enactment of this section1 an individual who is the ,president or ,vice ,president on such date of enactment shall submit to the ,federal ,election ,commission a copy of the income tax returns for the #aj most recent taxable years for which a return has been filed with the ,internal ,revenue ,service4 7#b7 ,failure to disclose ,if any requirement under paragraph 7#a7 to submit an income tax return is not met1 the chairman of the ,federal ,election ,commission shall submit to the ,secretary a written request that the ,secretary provide the ,federal ,election ,commission with the income tax return4 7#c7 ,publicly available ,the chairman of the ,federal ,election ,commission shall make publicly available each income tax return submitted under paragraph 7#a7 in the same manner as a return provided under section #fajc7l77#bc7 of the ,internal ,revenue ,code of #aihf 7as added by this section74 7#d7 ,treatment as a report under the ,federal ,election ,campaign ,act of #aiga ,for purposes of the ,federal ,election ,campaign ,act of #aiga1 any income tax return submitted under paragraph 7#a7 or provided under section #fajc7l77#bc7 of the ,internal ,revenue ,code of #aihf 7as added by this section7 shall1 after redaction under paragraph 7#c7 or subparagraph 7,b77ii7 of such section1 be treated as a report filed under the ,federal ,election ,campaign ,act of #aiga4 7c7 ,disclosure of returns of ,presidents and ,vice ,presidents and certain candidates for ,president and ,vice ,president 7#a7 ,in general ,section #fajc7l7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#bc7 ,disclosure of return information of ,presidents and ,vice ,presidents and certain candidates for ,president and ,vice ,president 7,a7 ,in general ,upon written request by the chairman of the ,federal ,election ,commission under section #abja7;b77#b7 of the ,protecting ,our ,democracy ,act1 not later than the date that is #ae days after the date of such request1 the ,secretary shall provide copies of any return which is so requested to officers and employees of the ,federal ,election ,commission whose official duties include disclosure or redaction of such return under this paragraph4 7,b7 ,disclosure to the public 7i7 ,in general ,the chairman of the ,federal ,election ,commission shall make publicly available any return which is provided under subparagraph 7,a74 7ii7 ,redaction of certain information ,before making publicly available under clause 7i7 any return1 the chairman of the ,federal ,election ,commission shall redact such information as the ,federal ,election ,commission and the ,secretary jointly determine is necessary for protecting against identity theft1 such as social security numbers4 4 7#b7 ,conforming amendments ,section #fajc7p77#d7 of such ,code is amended-- 7,a7 in the matter preceding subparagraph 7,a7 by striking or 7#bb7 and inserting 7#bb71 or 7#bc72 and 7,b7 in subparagraph 7,f77ii7 by striking or 7#bb7 and inserting 7#bb71 or 7#bc74 7#c7 ,effective date ,the amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this ,act4 ,c ,defending ,elections ,against ,foreign ,interference ,,xiii ,reporting ,foreign ,interference in ,elections #acja4 ,federal campaign reporting of foreign contacts 7a7 ,initial notice 7#a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7 is amended by adding at the end the following new subsection3 7j7 ,disclosure of reportable foreign contacts 7#a7 ,committee obligation to notify ,not later than #a week after a reportable foreign contact1 each political committee shall notify the ,federal ,bureau of ,investigation and the ,commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact4 ,the ,federal ,bureau of ,investigation1 not later than #a week after receiving a notification from a political committee under this paragraph1 shall submit to the political committee1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives written or electronic confirmation of receipt of the notification4 7#b7 ,individual obligation to notify ,not later than #c days after a reportable foreign contact-- 7,a7 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 contact2 and 7,b7 each official1 employee1 or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact4 7#c7 ,reportable foreign contact ,in this subsection3 7,a7 ,in general ,the term reportable foreign contact means any direct or indirect contact or communication that-- 7i7 is between-- 7,i7 a candidate1 an immediate family member of the candidate1 a political committee1 or any official1 employee1 or agent of such committee2 and 7,,ii7 an individual that the person described in subclause 7,i7 knows1 has reason to know1 or reasonably believes is a covered foreign national2 and 7ii7 the person described in clause 7i77,i7 knows1 has reason to know1 or reasonably believes involves-- 7,i7 an offer or other proposal for a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai2 or 7,,ii7 coordination or collaboration with1 an offer or provision of information or services to or from1 or persistent and repeated contact with1 a covered foreign national in connection with an election4 7,b7 ,exceptions 7i7 ,contacts in official capacity as elected official ,the term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee4 7ii7 ,contacts for purposes of enabling observation of elections by international observers ,the term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the ,united ,states by a foreign national or the observation of elections outside of the ,united ,states by a candidate1 political committee1 or any official1 employee1 or agent of such committee4 7iii7 ,exceptions not applicable if contacts or communications involve prohibited disbursements ,a contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause 7i71 and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause 7ii71 if the contact or communication involves a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai4 7,c7 ,covered foreign national defined 7i7 ,in general ,in this paragraph1 the term covered foreign national means-- 7,i7 a foreign principal 7as defined in section #a7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;b777 that is a government of a foreign country or a foreign political party2 7,,ii7 any person who acts as an agent1 representative1 employee1 or servant1 or any person who acts in any other capacity at the order1 request1 or under the direction or control1 of a foreign principal described in subclause 7,i7 or of a person any of whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a foreign principal described in subclause 7,i72 or 7,,iii7 any person included in the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause 7,i74 7ii7 ,clarification regarding application to citizens of the ,united ,states ,in the case of a citizen of the ,united ,states1 subclause 7,,ii7 of clause 7i7 applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause 7,i7 of clause 7i74 7#d7 ,immediate family member ,in this subsection1 the term immediate family member means1 with respect to a candidate1 a parent1 parent-in-law1 spouse1 adult child1 or sibling4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this ,act4 7b7 ,information included on report 7#a7 ,in general ,section #cjd7;b7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#g72 7,b7 by striking the period at the end of paragraph 7#h7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#i7 for any reportable foreign contact 7as defined in subsection 7j77#c77-- 7,a7 the date1 time1 and location of the contact2 7,b7 the date and time of when a designated official of the committee was notified of the contact2 7,c7 the identity of individuals involved2 and 7,d7 a description of the contact1 including the nature of any contribution1 donation1 expenditure1 disbursement1 or solicitation involved and the nature of any activity described in subsection 7j77#c77;,a77ii77,,ii7 involved4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to reports filed on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #acjb4 ,federal campaign foreign contact reporting compliance system 7a7 ,in general ,section #cjb of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajb7 is amended by adding at the end the following new subsection3 7j7 ,reportable foreign contacts compliance policy 7#a7 ,reporting ,each political committee shall establish a policy that requires all officials1 employees1 and agents of such committee 7and1 in the case of an authorized committee1 the candidate and each immediate family member of the candidate7 to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact 7as defined in section #cjd7;j77 not later than #c days after such contact was made4 7#b7 ,retention and preservation of records ,each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts 7as so defined7 for a period of not less than #c years4 7#c7 ,certification 7,a7 ,in general ,upon filing its statement of organization under section #cjc7;a71 and with each report filed under section #cjd7;a71 the treasurer of each political committee 7other than an authorized committee7 shall certify that-- 7i7 the committee has in place policies that meet the requirements of paragraphs 7#a7 and 7#b72 7ii7 the committee has designated an official to monitor compliance with such policies2 and 7iii7 not later than #a week after the beginning of any formal or informal affiliation with the committee1 all officials1 employees1 and agents of such committee will-- 7,i7 receive notice of such policies2 7,,ii7 be informed of the prohibitions under section #cai2 and 7,,iii7 sign a certification affirming their understanding of such policies and prohibitions4 7,b7 ,authorized committees ,with respect to an authorized committee1 the candidate shall make the certification required under subparagraph 7,a74 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to political committees which file a statement of organization under section #cjc7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajc7;a77 on or after the date of the enactment of this ,act4 7#b7 ,transition rule for existing committees ,not later than #cj days after the date of the enactment of this ,act1 each political committee under the ,federal ,election ,campaign ,act of #aiga shall file a certification with the ,federal ,election ,commission that the committee is in compliance with the requirements of section #cjb7;j7 of such ,act 7as added by subsection 7a774 #acjc4 ,criminal penalties ,section #cji7;d77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;d77#a77 is amended by adding at the end the following new subparagraphs3 7,e7 ,any person who knowingly and willfully commits a violation of subsection 7j7 or 7b77#i7 of section #cjd or section #cjb7;j7 shall be fined not more than #ejj1jjj1 imprisoned not more than #e years1 or both4 7,f7 ,any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact 7as defined in section #cjd7;j77 shall be fined not more than #a1jjj1jjj1 imprisoned not more than #e years1 or both4 4 #acjd4 ,report to congressional intelligence committees 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director of the ,federal ,bureau of ,investigation shall submit to the congressional intelligence committees a report relating to notifications received by the ,federal ,bureau of ,investigation under section #cjd7;j77#a7 of the ,federal ,election ,campaign ,act of #aiga 7as added by section #acja7;a7 of this ,act74 7b7 ,elements ,each report under subsection 7a7 shall include1 at a minimum1 the following with respect to notifications described in subsection 7a73 7#a7 ,the number of such notifications received from political committees during the year covered by the report4 7#b7 ,a description of protocols and procedures developed by the ,federal ,bureau of ,investigation relating to receipt and maintenance of records relating to such notifications4 7#c7 ,with respect to such notifications received during the year covered by the report1 a description of any subsequent actions taken by the ,director resulting from the receipt of such notifications4 7c7 ,congressional intelligence committees defined ,in this section1 the term congressional intelligence committees has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #acje4 ,rule of construction ,nothing in this title or the amendments made by this title shall be construed-- 7#a7 to impede legitimate journalistic activities2 or 7#b7 to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- 7,a7 resides in the ,united ,states2 7,b7 is not a citizen of the ,united ,states or a national of the ,united ,states1 as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 and 7,c7 is not lawfully admitted for permanent residence1 as defined by section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 ,,xiv ,eliminating ,foreign ,interference in ,elections #adja4 ,clarification of application of foreign money ban 7a7 ,clarification of treatment of provision of certain information as contribution or donation of a thing of value ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7 is amended by adding at the end the following new subsection3 7c7 ,clarification of treatment of provision of certain information as contribution or donation of a thing of value ,for purposes of this section1 a contribution or donation of money or other thing of value includes the provision of opposition research1 polling1 or other non-public information relating to a candidate for election for a ,federal1 ,state1 or local office for the purpose of influencing the election1 regardless of whether such research1 polling1 or information has monetary value1 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 section4 4 7b7 ,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 #cai7;a7 of such ,act 7#eb ,u4,s4,c4 #cjaba7;a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking promise to make a contribution or donation and inserting promise to make such a contribution or donation2 7#b7 in paragraph 7#a77;,b71 by striking donation and inserting donation of money or other thing of value1 or to make an express or implied promise to make such a contribution or donation12 and 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 a person to solicit1 accept1 or receive 7directly or indirectly7 a contribution or donation described in subparagraph 7,a7 or 7,b7 of paragraph 7#a71 or to solicit1 accept1 or receive 7directly or indirectly7 an express or implied promise to make such a contribution or donation1 from a foreign national4 4 7c7 ,enhanced penalty for certain violations 7#a7 ,in general ,section #cji7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;d77#a771 as amended by section #acjc1 is further amended by adding at the end the following new subparagraph3 7,g7 7i7 ,any person who knowingly and willfully commits a violation of section #cai which involves a foreign national which is a government of a foreign country or a foreign political party1 or which involves a thing of value consisting of the provision of opposition research1 polling1 or other non-public information relating to a candidate for election for a ,federal1 ,state1 or local office for the purpose of influencing the election1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #e years1 or both4 7ii7 ,in clause 7i71 each of the terms government of a foreign country and foreign political party has the meaning given such term in section #a of the ,foreign ,agents ,registration ,act of #aich1 as ,amended 7#bb ,u4,s4,c4 #faa74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to violations committed on or after the date of the enactment of this ,act4 #adjb4 ,requiring acknowledgment of foreign money ban by political committees 7a7 ,provision of information by ,federal ,election ,commission ,section #cjc of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajc7 is amended by adding at the end the following new subsection3 7e7 ,acknowledgment of foreign money ban 7#a7 ,notification by ,commission ,not later than #cj days after a political committee files its statement of organization under subsection 7a71 and biennially thereafter until the committee terminates1 the ,commission shall provide the committee with a written explanation of section #cai4 7#b7 ,acknowledgment by committee 7,a7 ,in general ,not later than #cj days after receiving the written explanation of section #cai under paragraph 7#a71 the committee shall transmit to the ,commission a signed certification that the committee has received such written explanation and has provided a copy of the explanation to all members1 employees1 contractors1 and volunteers of the committee4 7,b7 ,person responsible for signature ,the certification required under subparagraph 7,a7 shall be signed-- 7i7 in the case of an authorized committee of a candidate1 by the candidate2 or 7ii7 in the case of any other political committee1 by the treasurer of the committee4 4 7b7 ,effective date2 transition for existing committees 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to political committees which file statements of organization under section #cjc of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajc7 on or after the date of the enactment of this ,act4 7#b7 ,transition for existing committees 7,a7 ,notification by ,federal ,election ,commission ,not later than #ij days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall provide each political committee under such ,act with the written explanation of section #cai of such ,act1 as required under section #cjc7;e77#a7 of such ,act 7as added by subsection 7a774 7,b7 ,acknowledgment by committee ,not later than #cj days after receiving the written explanation under subparagraph 7,a71 each political committee under such ,act shall transmit to the ,federal ,election ,commission the signed certification1 as required under section #cjc7;e77#b7 of such ,act 7as added by subsection 7a774 ,d ,severability ,,xv ,severability #aeja4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4