,,ii #aaith ,,congress #ast ,session ,s4 #bhch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag 7legislative day1 ,september #af71 #bjbe,mr4 ,schiff 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,kim1 ,mr4 ,blumenthal1 ,mr4 ,padilla1 ,mr4 ,gallego1 ,ms4 ,alsobrooks1 ,mr4 ,sanders1 and ,ms4 ,hirono7 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--,miscellaneous4 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 ,,xi--,abuse of the ,pardon ,power ,prevention,sec4 #aaja4 ,short title4,sec4 #aajb4 ,congressional oversight relating to certain pardons4,sec4 #aajc4 ,bribery in connection with pardons and commutations4,sec4 #aajd4 ,prohibition on presidential self-pardon4,sec4 #aaje4 ,financial disclosure reports by pardon recipients4,,title ,,xii--,ensuring ,no ,president ,is ,above the ,law,sec4 #abja4 ,short title4,sec4 #abjb4 ,tolling of statute of limitations4,sec4 #abjc4 ,contracts by the ,president1 the ,vice ,president1 or a cabinet member4,sec4 #abjd4 ,forfeiture of benefits for former ,presidents convicted of a felony4,,title ,,xiii--,enforcement ,of ,the ,foreign ,and ,domestic ,emoluments ,clauses ,of ,the ,constitution,sec4 #acja4 ,short title4,sec4 #acjb4 ,definitions4,sec4 #acjc4 ,prohibition on acceptance of foreign and domestic emoluments4,sec4 #acjd4 ,civil actions by ,congress concerning foreign emoluments4,sec4 #acje4 ,disclosures concerning foreign and domestic emoluments4,sec4 #acjf4 ,enforcement authority of the ,director of the ,office of ,government ,ethics4,sec4 #acjg4 ,jurisdiction of the ,office of ,special ,counsel4,sec4 #acjh4 ,rulemaking for ethics requirements for legal expense funds4,sec4 #acji4 ,limitations and disclosure of certain donations to1 and disbursments by1 ,inaugural ,committees4,,title ,,xiv--,investigative ,integrity ,protection,sec4 #adja4 ,short title4,sec4 #adjb4 ,presidential oversight of ,attorney ,general4,,division ,b--,restoring ,checks and ,balances1 ,accountability1 and ,transparency,t,i,t,l,e ,,xxi--,enforcement of ,congressional ,subpoenas,sec4 #baja4 ,short title4,sec4 #bajb4 ,enforcement of congressional subpoenas4,sec4 #bajc4 ,compliance with congressional subpoenas4,sec4 #bajd4 ,rule of construction4,sec4 #baje4 ,enforcement of requests for information from certain committees of ,congress4,,title ,,xxii--,reasserting ,congressional ,power of the ,purse,sec4 #bbja4 ,short title4,subtitle ,a--,strengthening ,congressional ,control and ,review ,to ,prevent ,impoundment,sec4 #bbba4 ,strengthening congressional control4,sec4 #bbbb4 ,strengthening congressional review4,sec4 #bbbc4 ,updated authorities for and reporting by the ,comptroller ,general4,sec4 #bbbd4 ,advance congressional notification and litigation4,sec4 #bbbe4 ,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 #bbda4 ,expired balance reporting in the ,president's budget4,sec4 #bbdb4 ,cancelled balance reporting in the ,president's budget4,sec4 #bbdc4 ,lapse in appropriations--reporting in the ,president's budget4,sec4 #bbdd4 ,transfer and other repurposing authority reporting in the ,president's budget4,,part #b--;,empowering ,congressional ,review ,through ,nonpartisan ,congressional ,agencies and ,transparency ,initiatives,sec4 #bbea4 ,requirement to respond to requests for information from the ,comptroller ,general for budget and appropriations law decisions4,sec4 #bbeb4 ,reporting requirements for ,antideficiency ,act violations4,sec4 #bbec4 ,department of ,justice reporting to ,congress for ,antideficiency ,act violations4,sec4 #bbed4 ,publication of budget or appropriations law opinions of the ,department of ,justice ,office of ,legal ,counsel4,sec4 #bbee4 ,treatment of requests for information from ,members of ,congress4,subtitle ,c--,strengthening ,congressional ,role in and ,oversight of ,emergency ,declarations and ,designations,sec4 #bbfa4 ,improving checks and balances on the use of the ,national ,emergencies ,act4,sec4 #bbfb4 ,national ,emergencies ,act declaration spending reporting in the ,president's budget4,sec4 #bbfc4 ,disclosure to ,congress of presidential emergency action documents4,sec4 #bbfd4 ,congressional designations4,,title ,,xxiii--,security ,from ,political ,interference in ,justice,sec4 #bcja4 ,short title4,sec4 #bcjb4 ,definitions4,sec4 #bcjc4 ,communications logs4,sec4 #bcjd4 ,rule of construction4,,title ,,xxiv--,protecting ,whistleblowers,sec4 #bdja4 ,short title4,subtitle ,a--,whistleblower ,protection ,improvement,sec4 #bdba4 ,additional whistleblower protections4,sec4 #bdbb4 ,enhancement of whistleblower protections4,sec4 #bdbc4 ,classifying certain furloughs as adverse personnel actions4,sec4 #bdbd4 ,codification of protections for disclosures of censorship related to research1 analysis1 or technical information4,sec4 #bdbe4 ,title #e technical and conforming amendments4,subtitle ,b--,whistleblowers of the intelligence community,sec4 #bdda4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints4,sec4 #bddb4 ,disclosures to ,congress4,sec4 #bddc4 ,prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community4,,title ,,xxv--,accountability for ,acting ,officials,sec4 #beja4 ,short title4,sec4 #bejb4 ,clarification of ,federal ,vacancies ,reform ,act of #aiih4,,title ,,xxvi--,strengthening ,hatch ,act ,enforcement and ,penalties,sec4 #bfja4 ,short title4,subtitle ,a--,strengthening ,hatch ,act ,enforcement and ,penalties,sec4 #bfba4 ,strengthening ,hatch ,act enforcement and penalties against political appointees4,sec4 #bfbb4 ,including ,executive ,office of the ,president under limitation on nepotism in the civil service4,sec4 #bfbc4 ,disclosure of ,hatch ,act investigations for certain political employees4,sec4 #bfbd4 ,clarification on candidates visiting ,federal property4,sec4 #bfbe4 ,applying ,hatch ,act to ,president and ,vice ,president while on ,federal property4,sec4 #bfbf4 ,granting the ,office of ,special ,counsel rulemaking authority4,sec4 #bfbg4 ,greater accountability for political appointees4,sec4 #bfbh4 ,investigating former political employees4,sec4 #bfbi4 ,,gao review of reimbursable political events4,subtitle ,b--,strengthening ,ethics ,enforcement and ,penalties for ,federal ,executive ,employees,sec4 #bfda4 ,definitions4,sec4 #bfdb4 ,ethics pledge4,sec4 #bfdc4 ,waivers4,sec4 #bfdd4 ,administration4,sec4 #bfde4 ,enforcement4,sec4 #bfdf4 ,general provisions4,,title ,,xxvii--,presidential and vice presidential ,tax ,transparency,sec4 #bgja4 ,presidential and vice presidential tax transparency4,,title ,,xxviii--,bringing ,executive ,accountability1 ,clarity1 and ,oversight,sec4 #bhja4 ,short title4,sec4 #bhjb4 ,office of ,inspector ,general in the ,executive ,office of the ,president4,,division ,c--,miscellaneous,t,i,t,l,e ,,xxxi--,reporting ,foreign ,interference in ,elections,sec4 #caja4 ,federal campaign reporting of foreign contacts4,sec4 #cajb4 ,federal campaign foreign contact reporting compliance system4,sec4 #cajc4 ,criminal penalties4,sec4 #cajd4 ,report to congressional intelligence committees4,sec4 #caje4 ,rule of construction4,,title ,,xxxii--,eliminating ,foreign ,interference in ,elections,sec4 #cbja4 ,clarification of application of foreign money ban4,sec4 #cbjb4 ,requiring acknowledgment of foreign money ban by political committees4,sec4 #cbjc4 ,prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda4,,title ,,xxxiii--,honest ,ads,sec4 #ccja4 ,short title4,sec4 #ccjb4 ,expansion of definition of public communication4,sec4 #ccjc4 ,expansion of definition of electioneering communication4,sec4 #ccjd4 ,application of disclaimer statements to online communications4,sec4 #ccje4 ,political record requirements for online platforms4,sec4 #ccjf4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising4,sec4 #ccjg4 ,requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared4,,title ,,xxxiv--,preventing a ,patronage ,system,sec4 #cdja4 ,short title4,sec4 #cdjb4 ,limitations on excepting positions from competitive service and transferring positions4,,title ,,xxxv--,use of ,federal ,property2 ,visitor ,records,sec4 #ceja4 ,prohibition on use of ,federal property for political conventions4,sec4 #cejb4 ,improving access to influential visitor access records4,,title ,,xxxvi--,no ,corporate ,crooks,sec4 #cfja4 ,short title4,sec4 #cfjb4 ,restriction on service in the executive branch4,,title ,,xxxvii--,recusal of executive branch officers and employees,sec4 #cgja4 ,short title4,sec4 #cgjb4 ,recusal of executive branch officers and employees in matters affecting financial interests of previous employers4,,title ,,xxxviii--,clarification of definition of official act,sec4 #chja4 ,short title4,sec4 #chjb4 ,clarification of definition of official act4,,division ,d--,severability,t,i,t,l,e ,,xli--,severability,sec4 #daja4 ,severability4 ,a ,preventing ,abuses of ,presidential ,power ,,xi ,abuse of the ,pardon ,power ,prevention #aaja4 ,short title ,this title may be cited as the ,abuse of the ,pardon ,power ,prevention ,act4 #aajb4 ,congressional oversight relating to certain pardons 7a7 ,submission of information ,not later than #cj days after the date on which the ,president grants an individual a pardon for a covered offense1 the ,attorney ,general shall submit to the chair and ranking member of each appropriate congressional committee-- 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 ,federal ,government1 relating to the offense for which the individual was pardoned2 and 7#b7 all materials obtained or produced by the ,department of ,justice in relation to the pardon4 7b7 ,treatment of information ,rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure may not be construed to prohibit the disclosure of information required by subsection 7a7 of this section4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committee ,the term appropriate congressional committee 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 a target or subject is-- 7i7 the ,president2 7ii7 a relative of the ,president2 7iii7 a former ,president2 7iv7 any individual who is serving or previously served as a political appointee 7as defined in section #abaf7;f77#f7 of title #e1 ,united ,states ,code1 as added by title ,,xxvi of this ,act7 under the ,president2 7v7 any individual who was an employee of an authorized committee 7as defined in section #cja7f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7f777 of the ,president for any election to the office of ,president2 or 7vi7 in the case of an offense motivated by a direct and significant personal or pecuniary interest of any individual described in clause 7i71 7ii71 7iii71 7iv71 or 7v71 any person or entity2 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 a sentence4 7#d7 ,relative ,the term relative1 with respect to the ,president1 means-- 7,a7 a family member 7as defined in section #afce4c7;a7 of title #bi1 ,code of ,federal ,regulations1 or any successor regulation7 of the ,president who is a first-degree relative1 second-degree relative1 or third-degree relative 7as those terms are defined in such section #afce4c7;a7 or any successor regulation7 of the ,president2 or 7,b7 a spouse of a family member described in subparagraph 7,a74 #aajc4 ,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#b7-- 7i7 by striking means any person and inserting the following3 means-- 7,a7 any person 2 7ii7 by striking and at the end2 and 7iii7 by adding at the end the following3 7,b7 any person who is an apparent successful candidate for the office of ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note2 ,public ,law #hh-bgg7 and has not yet assumed the office of ,president2 and 7,c7 any person who is an apparent successful candidate for the office of ,vice ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note2 ,public ,law #hh-bgg7 and has not yet assumed the office of ,vice ,president2 and 2 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 #aajd4 ,prohibition on presidential self-pardon ,the ,president's grant of a pardon to himself or herself is void and of no effect1 and shall not deprive the courts of jurisdiction1 or operate to confer on the ,president any legal immunity from investigation or prosecution4 #aaje4 ,financial disclosure reports by pardon recipients 7a7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means an individual who is granted a pardon by the ,president on or after the date of enactment of this ,act4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,government ,ethics4 7#c7 ,gift ,the term gift-- 7,a7 has the meaning given the term in section #bfce4bjc7;b7 of title #e1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act2 and 7,b7 includes any gift that is solicited or accepted indirectly1 as defined in section #bfce4bjc7;f7 of title #e1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act4 7#d7 ,pardon ,the term pardon includes a commutation of a sentence4 7b7 ,requirement 7#a7 ,in general 7,a7 ,submissions through online portal 7i7 ,initial report ,except as provided in subparagraph 7,b71 if a covered individual gave a gift to the ,president who granted the covered individual a pardon during the #cfe-;day period before the date on which the pardon was granted1 not later than #cj days after the date on which the pardon is granted1 the covered individual shall submit to the ,director1 through the online portal established under subsection 7c71 a financial disclosure report with respect to each gift that1 during the #cfe-;day period preceding the date on which the pardon was granted1 the covered individual gave to the ,president who granted the pardon4 7ii7 ,continuing reports ,except as provided in subparagraph 7,b71 if a covered individual gives a gift to the ,president who granted the covered individual a pardon on or after the date on which the pardon is granted1 not later than ,may #ae of each year during the #e-year period following the date on which the pardon is granted1 the covered individual shall submit to the ,director1 through the online portal established under subsection 7c71 a financial disclosure report with respect to each gift that1 during the #cfe-;day period preceding the date of each report1 the covered individual gave to the ,president who granted the pardon4 7,b7 ,submissions prior to online portal ,any report required to be submitted under clause 7i7 or 7ii7 of subparagraph 7,a7 during the period before the ,director has established the online portal pursuant to subsection 7c7 shall be submitted in such form and manner as the ,director may require4 7#b7 ,contents ,each financial disclosure report submitted under paragraph 7#a7 shall include1 which respect to each gift required to be reported-- 7,a7 the date on which the covered individual gave the gift to the ,president2 7,b7 a description of the gift2 and 7,c7 the value of the gift4 7c7 ,online submission ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall establish an online portal on the internet website of the ,office of ,government ,ethics through which covered individuals shall submit the financial disclosure reports required under subsection 7b74 7d7 ,publication of financial disclosure reports ,the ,director shall publish in a searchable format on the publicly accessible internet website of the ,office of ,government ,ethics each financial disclosure report submitted in accordance with subsection 7b7 not later than #ae days after the date on which the financial disclosure report is submitted4 ,,xii ,ensuring ,no ,president ,is ,above the ,law #abja4 ,short title ,this title may be cited as the ,no ,president is ,above the ,law ,act4 #abjb4 ,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 in the office of ,president or ,vice ,president1 the duration of that person's tenure in such office shall not be considered for purposes of any period of limitations applicable to any ,federal criminal offense committed by that person 7including any offense committed during any period of time preceding such tenure in office74 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply to any offense committed before the date of enactment of this section1 if the period of limitations applicable to that offense had not run as of such date4 7c7 ,rule of construction ,nothing in this section shall be construed to preclude the indictment or prosecution of a person serving in the office of ,president or ,vice ,president1 during that person's tenure in such office1 for a violation of the criminal laws of the ,united ,states4 #abjc4 ,contracts by the ,president1 the ,vice ,president1 or a cabinet member 7a7 ,amendment ,section #dca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting the ,president1 the ,vice ,president1 a ,cabinet ,member1 or a after ,contracts by2 and 7#b7 in the first undesignated paragraph1 by inserting the ,president1 the ,vice ,president1 in a position at level ,i of the ,executive ,schedule under section #ecab of title #e1 after ,whoever1 being4 7b7 ,table of sections amendment ,the table of sections for chapter #bc of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #dca and inserting the following3 #dca4 ,contracts by the ,president1 the ,vice ,president1 a ,cabinet ,member1 or a ,member of ,congress4 4 #abjd4 ,forfeiture of benefits for former ,presidents convicted of a felony ,the first section of the ,act entitled ,an ,act to provide retirement1 clerical assistants1 and free mailing privileges to former ,presidents of the ,united ,states1 and for other purposes1 approved ,august #be1 #aieh 7commonly known as the ,former ,presidents ,act of #aieh2 #c ,u4,s4,c4 #ajb note71 is amended-- 7#a7 in subsection 7a71 by striking ,each former ,president and inserting ,subject to subsection 7h71 each former ,president2 7#b7 in subsection 7f71 by striking paragraph 7#b7 and inserting3 7#b7 who has not been impeached by the ,house of ,representatives and convicted by the ,senate pursuant to the impeachment2 and 2 and 7#c7 by adding at the end the following new subsection3 7h7 7#a7 ,if a former ,president is finally convicted of a felony for which every act or omission that is needed to satisfy the elements of the felony is committed during or after the period such former ,president holds the office of ,president1 or was finally convicted of such a felony while holding such office-- 7,a7 no monetary allowance under subsection 7a7 may be provided to such former ,president2 7,b7 no funds may be obligated or expended under subsection 7g7 with respect to such former ,president except to the extent necessary to maintain the security of such former ,president1 as determined by the ,director of the ,secret ,service2 and 7,c7 such former ,president shall repay any amounts received under subsection 7a7 during the period beginning on the date on which such former ,president is initially convicted of the felony and ending on the date such former ,president is finally convicted of the felony4 7#b7 ,the term finally convicted means a conviction-- 7,a7 which has not been appealed and is no longer appealable because the time for taking an appeal has expired2 or 7,b7 which has been appealed and the appeals process for which is completed4 4 ,,xiii ,enforcement ,of ,the ,foreign ,and ,domestic ,emoluments ,clauses ,of ,the ,constitution #acja4 ,short title ,this title may be cited as the ,foreign and ,domestic ,emoluments ,enforcement ,act4 #acjb4 ,definitions ,in this title3 7#a7 ,emolument ,the term emolument means any profit1 gain1 or advantage1 including any payment arising from a commercial transaction at fair market value1 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 thereof4 7#b7 ,government of a foreign country ,the term government of a foreign country has the meaning given the term in section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;e774 7#c7 ,person holding any office of profit or trust under the ,united ,states ,the term person holding any office of profit or trust under the ,united ,states includes-- 7,a7 the ,president2 and 7,b7 the ,vice ,president4 7#d7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 or any territory or possession of the ,united ,states4 #acjc4 ,prohibition on acceptance of foreign and domestic emoluments 7a7 ,foreign 7#a7 ,in general ,except as otherwise provided in section #gcdb of title #e1 ,united ,states ,code1 it shall be unlawful for any person holding any 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 7#b7 ,application ,the prohibition under paragraph 7#a7 shall apply without regard to whether the present1 emolument1 office1 or title is-- 7,a7 provided directly or indirectly by the government of a foreign country or an instrumentality thereof2 or 7,b7 provided to the person holding any office of profit or trust under the ,united ,states or to any private business interest of that person4 7b7 ,domestic 7#a7 ,in general ,it shall be unlawful for the ,president to accept from the ,united ,states1 or a ,state1 any emolument other than the compensation for services of the ,president as ,president provided for by ,federal law4 7#b7 ,application ,the prohibition under paragraph 7#a7 shall apply without regard to whether the emolument is-- 7,a7 provided directly or indirectly2 or 7,b7 provided to the ,president or to any private business interest of the ,president4 #acjd4 ,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 section #acjc7;a74 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 section #acjc7;a7 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 present or emolument from the government of a foreign country4 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 #acje4 ,disclosures concerning foreign and domestic emoluments 7a7 ,disclosures ,section #acajd7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,foreign emoluments ,any present1 emolument1 office1 or title received from a government of a foreign country 7as defined in section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;e7771 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 ,business interests receiving foreign emoluments ,each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country 7as defined in section #a7;e7 of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;e777 during the current calendar year4 7#aa7 ,emoluments from ,united ,states ,the ,president shall report-- 7,a7 any emolument received from the ,united ,states1 or a ,state1 other than the compensation for services of the ,president as ,president provided for by ,federal law1 including the source1 date1 type1 and amount or value of each emolument accepted on or before the date of filing during the preceding calendar year2 and 7,b7 any business interest that is reasonably expected to result in the receipt of any emolument from the ,united ,states or a ,state4 4 7b7 ,reporting requirements relating to spouses and dependent children ,section #acajd7;e77#a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting and paragraphs 7#i7 through 7#aa7 after 7#e72 and 7#b7 by inserting after subparagraph 7,f7 the following3 7,g7 ,foreign emoluments ,in the case of items described in paragraphs 7#i7 and 7#aj7 of subsection 7a71 all information required to be reported under those paragraphs4 7,h7 ,emoluments from ,united ,states ,in the case of-- 7i7 items described in paragraph 7#aa77;,a7 of subsection 7a71 any such items received by spouse or dependent child of the ,president other than items related to the services of the ,president as ,president provided for by ,federal law2 and 7ii7 items described in paragraph 7#aa77;,b7 of subsection 7a71 all information required to be reported under that paragraph4 4 7c7 ,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 #acjc4 #acjf4 ,enforcement authority of the ,director of the ,office of ,government ,ethics 7a7 ,general authority ,section #acabb7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,director and inserting the following3 7#a7 ,in general ,the ,director 2 and 7#b7 by adding at the end the following3 7#b7 ,overall direction ,the ,director shall-- 7,a7 provide overall direction of executive branch policies related to compliance with the ,foreign and ,domestic ,emoluments ,enforcement ,act1 and the amendments made by that ,act2 and 7,b7 shall have the authority1 with respect to the ,foreign and ,domestic ,emoluments ,enforcement ,act1 and the amendments made by that ,act1 to-- 7i7 issue administrative fines to individuals for violations2 7ii7 order individuals to take corrective action1 including disgorgement1 divestiture1 and recusal1 as the ,director deems necessary2 and 7iii7 bring civil actions to enforce such fines and orders4 4 7b7 ,specific authorities ,section #acabb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ad71 by striking and at the end2 7#b7 in paragraph 7#ae71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#af7 developing and promulgating rules and regulations to ensure compliance with the ,foreign and ,domestic ,emoluments ,enforcement ,act1 and the amendments made by that ,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;d74 4 #acjg4 ,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-- 7,a7 section #acjc of the ,foreign and ,domestic ,emoluments ,enforcement ,act2 or 7,b7 the amendments made by section #acje of the ,foreign and ,domestic ,emoluments ,enforcement ,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 #acabb1 or if the ,special ,counsel receives a credible complaint of a violation described in subsection 7a77#f7 of this section1 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 shall1 not later than #g days after the completion of such investigation1 report to the ,director of the ,office of ,government ,ethics and to ,congress on the results of such investigation4 4 #acjh4 ,rulemaking for ethics requirements for legal expense funds 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,government ,ethics shall finalize a rule establishing ethics requirements for the establishment or operation of a legal expense fund for the benefit of the ,president1 the ,vice ,president1 or any political appointee 7as defined in section #abaf7;f77#f7 of title #e1 ,united ,states ,code1 as added by section #bfba7;a7 of this ,act71 consistent with the requirements of subsection 7b74 7b7 ,limitations on acceptance of certain payments 7#a7 ,in general ,a legal expense fund described in subsection 7a7 may not accept any contribution or other payment made by-- 7,a7 an individual who is a registered lobbyist under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq472 or 7,b7 an agent of a foreign principal1 as defined in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa74 7#b7 ,appropriate remedial action ,in the case of a contribution described in paragraph 7#a7-- 7,a7 the legal expense fund shall take appropriate remedial action2 and 7,b7 the ,director of the ,office of ,government ,ethics may assess a fine against the individual or agent of a foreign principal1 as defined in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa71 who made1 or attempted to make1 the contribution or other payment4 #acji4 ,limitations and disclosure of certain donations to1 and disbursements by1 inaugural committees 7a7 ,requirements for inaugural committees ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,inaugural committees 7a7 ,prohibited donations 7#a7 ,in general ,it shall be unlawful for-- 7,a7 an ,inaugural ,committee-- 7i7 to solicit1 accept1 or receive a donation from a person that is not an individual2 or 7ii7 to solicit1 accept1 or receive a donation from a foreign national2 7,b7 a person-- 7i7 to make a donation to an ,inaugural ,committee in the name of another person1 or to knowingly authorize his or her name to be used to effect such a donation2 7ii7 to knowingly accept a donation to an ,inaugural ,committee made by a person in the name of another person2 or 7iii7 to convert a donation to an ,inaugural ,committee to personal use as described in paragraph 7#b72 or 7,c7 a foreign national to1 directly or indirectly1 make a donation1 or make an express or implied promise to make a donation1 to an ,inaugural ,committee4 7#b7 ,conversion of donation to personal use ,for purposes of paragraph 7#a77;,b77iii71 a donation shall be considered to be converted to personal use if any part of the donated amount is used-- 7,a7 to fulfill a commitment1 obligation1 or expense of a person that would exist irrespective of the responsibilities of the ,inaugural ,committee2 or 7,b7 to benefit the personal business venture of the ,president or ,vice ,president of the ,united ,states1 the ,inaugural ,committee1 or an immediate family member of such individuals4 7#c7 ,no effect on disbursement of unused funds to nonprofit organizations ,nothing in this subsection may be construed to prohibit an ,inaugural ,committee from disbursing unused funds to an organization which is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7b7 ,limitation on donations 7#a7 ,in general ,it shall be unlawful for an individual to make donations to an ,inaugural ,committee which1 in the aggregate1 exceed #ej1jjj4 7#b7 ,indexing ,at the beginning of each ,presidential election year 7beginning with #bjbh71 the amount described in paragraph 7#a7 shall be increased by the cumulative percent difference determined in section #cae7;c77#a77;,a7 since the previous ,presidential election year4 ,if any amount after such increase is not a multiple of #a1jjj1 such amount shall be rounded to the nearest multiple of #a1jjj4 7c7 ,disclosure of certain donations and disbursements 7#a7 ,donations over #a1jjj 7,a7 ,in general ,an ,inaugural ,committee shall file with the ,commission a report disclosing any donation by an individual to the committee in an amount of #a1jjj or more not later than #bd hours after the receipt of such donation4 7,b7 ,contents of report ,a report filed under subparagraph 7,a7 shall contain-- 7i7 the amount of the donation2 7ii7 the date the donation is received2 and 7iii7 the name and address of the individual making the donation4 7#b7 ,final report ,not later than the date that is #ij days after the date of the ,presidential inaugural ceremony1 the ,inaugural ,committee shall file with the ,commission a report containing the following information3 7,a7 ,for each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than #bjj-- 7i7 the amount of the donation2 7ii7 the date the donation is received2 and 7iii7 the name and address of the individual making the donation4 7,b7 ,the total amount of all disbursements1 and all disbursements in the following categories3 7i7 ,disbursements made to meet committee operating expenses4 7ii7 ,repayment of all loans4 7iii7 ,donation refunds and other offsets to donations4 7iv7 ,any other disbursements4 7,c7 ,the name and address of each person-- 7i7 to whom a disbursement in an aggregate amount or value in excess of #bjj is made by the committee to meet a committee operating expense1 together with date1 amount1 and purpose of such operating expense2 7ii7 who receives a loan repayment from the committee1 together with the date and amount of such loan repayment2 7iii7 who receives a donation refund or other offset to donations from the committee1 together with the date and amount of such disbursement2 and 7iv7 to whom any other disbursement in an aggregate amount or value in excess of #bjj is made by the committee1 together with the date and amount of such disbursement4 7d7 ,definitions ,for purposes of this section3 7#a7 ,donation 7,a7 ,in general ,the term donation includes-- 7i7 any gift1 subscription1 loan1 advance1 or deposit of money or anything of value made by any person to the committee2 or 7ii7 the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose4 7,b7 ,exception ,the term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee4 7#b7 ,foreign national ,the term foreign national has the meaning given that term by section #cai7;b74 7#c7 ,immediate family member ,the term immediate family member means a parent1 parent-in-law1 spouse1 adult child1 or sibling4 7#d7 ,inaugural ,committee ,the term ,inaugural ,committee has the meaning given that term by section #eja of title #cf1 ,united ,states ,code4 7e7 ,rule of construction ,nothing in this section may be construed to limit the authority of a ,federal agency to enforce a ,federal law with respect to an ,inaugural ,committee4 4 7b7 ,confirming amendments related to reporting requirements 7#a7 ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7 is amended-- 7,a7 by striking subsection 7h72 and 7,b7 by redesignating subsection 7i7 as subsection 7h74 7#b7 ,section #cji7;a77#d77;,c77iv77,i7 is amended by striking or 7i7 and inserting or 7h74 7#c7 ,section #cac7;c77#d7 is amended by striking section #cjd7;i77#h77;,b7 and inserting section #cjd7;h77#h77;,b74 7c7 ,conforming amendment related to status of committee ,section #eaj of title #cf1 ,united ,states ,code1 is amended to read as follows3 #eaj4 ,disclosure of and prohibition on certain donations ,a committee shall not be considered to be the ,inaugural ,committee for purposes of this chapter unless the committee agrees to1 and meets1 the requirements of section #cbe of the ,federal ,election ,campaign ,act of #aiga4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to ,inaugural ,committees established under chapter #e of title #cf1 ,united ,states ,code1 for inaugurations held in #bjbi and any succeeding year4 ,,xiv ,investigative ,integrity ,protection #adja4 ,short title ,this title may be cited as the ,investigative ,integrity ,protection ,act4 #adjb4 ,presidential oversight of ,attorney ,general 7a7 ,in general ,chapter #ca of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ecj;,e4 ,presidential oversight of ,attorney ,general 7a7 ,certification ,in the case of any criminal prosecution against the ,president or a ,president-elect1 irrespective of when the prosecution was initiated1 if the ,government seeks dismissal of such prosecution1 the court shall require the ,attorney ,general to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the ,president or ,president-elect1 as applicable1 or anyone acting pursuant to the direction of the ,president or ,president-elect1 as applicable4 7b7 ,considerations 7#a7 ,in general ,the court shall only grant dismissal under this section if the court determines such dismissal is appropriate and in the interest of justice after having duly considered-- 7,a7 the circumstances of the case2 7,b7 the sworn statement required by subsection 7a72 7,c7 any evidence in the record or ex curia1 which shall be reflected in the order of the court1 to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the ,president or ,president-elect1 as applicable1 to act outside of the legal and constitutional authority of the ,presidency2 and 7,d7 any other factor the court determines is appropriate4 7#b7 ,evidentiary considerations ,evidence considered under paragraph 7#a77;,c7 may include-- 7,a7 whether the dismissal was suggested1 encouraged1 requested1 or ordered by the ,president or ,president-elect1 as applicable2 or 7,b7 whether the ,attorney ,general was1 in the opinion of the court1 appointed in whole or in part for the willingness of the ,attorney ,general to dismiss the prosecution or any other criminal prosecution against the ,president or ,president-elect1 as applicable4 7c7 ,three-,judge court ,any action seeking dismissal under this section shall be heard by a three-judge court convened pursuant to section #bbhd4 7d7 ,sanctions ,if the court1 in making a determination under subsection 7b71 additionally determines that the motion to dismiss was made without good cause1 the court may impose sanctions as appropriate4 7e7 ,inspector ,general responsibilities ,the ,inspector ,general of the ,department of ,justice1 upon having a good-faith basis to conclude that a motion to dismiss a prosecution against the ,president or ,president-elect1 as applicable1 was brought at the direction of the ,president or ,president-elect1 as applicable1 or anyone acting pursuant to the direction of the ,president or ,president-elect1 as applicable1 shall immediately report such findings to ,congress4 7f7 ,preservation and submission of materials ,if a court grants a dismissal under this section1 the ,attorney ,general shall-- 7#a7 preserve any materials obtained or prepared by the ,department of ,justice until the date on which the applicable limitations period expires2 and 7#b7 submit to the ,inspector ,general of the ,department of ,justice and to ,congress the materials described in paragraph 7#a74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ca of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ecj;,e4 ,presidential oversight of ,attorney ,general4 4 ,b ,restoring ,checks and ,balances1 ,accountability1 and ,transparency ,,xxi ,enforcement of ,congressional ,subpoenas #baja4 ,short title ,this title may be cited as the ,congressional ,subpoena ,compliance and ,enforcement ,act4 #bajb4 ,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 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 any 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 #bajc4 ,compliance with congressional subpoenas 7a7 ,in general ,chapter #g of title ,,ii of the ,revised ,statutes 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 shall1 without delay1 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 is amended by adding at the end the following3 #aje4 ,response to congressional subpoenas4 4 #bajd4 ,rule of construction ,nothing in this title may be interpreted to limit or constrain ,congress' inherent authority or foreclose any other means for enforcing compliance with congressional subpoenas1 nor may anything in this title be interpreted to establish or recognize any ground for noncompliance with a congressional subpoena4 #baje4 ,enforcement of requests for information from certain committees of ,congress ,section #bied of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,an ,executive and inserting 7a7 ,submitting information4--,an ,executive2 and 7#b7 by adding at the end the following3 7b7 ,failure ,to comply ,for purposes of remedying any failure to comply with a request under subsection 7a71 section #acfe;a of title #bh and section #aje of the ,revised ,statutes shall apply to such a request in the same manner as such sections #acfe;a and #aje apply to a subpoena4 4 ,,xxii ,reasserting ,congressional ,power of the ,purse #bbja4 ,short title ,this title may be cited as the ,congressional ,power of the ,purse ,act4 ,a ,strengthening ,congressional ,control and ,review ,to ,prevent ,impoundment #bbba4 ,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 ,sec4 #ajah4 ,prudent obligation of budget authority and specific requirements for expiring budget authority4 4 #bbbb4 ,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 #bbba7;a71 is further amended by adding at the end the following3 #ajai4 ,reporting on apportionment of appropriations by departments and agencies ,each department or agency shall-- 7#a7 notify the ,committee on the ,budget and the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on the ,budget and the ,committee on ,appropriations of the ,senate1 and any other appropriate congressional committees if-- 7,a7 an apportionment is not made in the required time period provided in section #aeac7;b7 of title #ca1 ,united ,states ,code2 7,b7 an approved apportionment received by the department or agency conditions the availability of an appropriation on further action2 or 7,c7 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 paragraph 7#a7 information identifying the bureau1 account name1 appropriation name1 and ,treasury ,appropriation ,fund ,symbol or fund account4 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 #bbba7;b71 is further amended by inserting after the item relating to section #ajah the following3 ,sec4 #ajai4 ,reporting on apportionment of appropriations by departments and agencies4 4 #bbbc4 ,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 ,government ,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 #bbbd4 ,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 #bbbe4 ,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 #bbbb7;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 ,comptroller ,general 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 the ,congress4 7#b7 ,contents ,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 ,in the case that the ,comptroller ,general 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 #bbbb7;b71 is further amended by inserting after the item relating to section #ajai the following3 ,sec4 #ajbj4 ,penalties for failure to comply4 4 ,b ,strengthening ,transparency and ,reporting #a ,funds ,management and ,reporting to the ,congress #bbda4 ,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#ci7 for the budget for each of fiscal years #bjbg through #bjca1 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 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 #bbdb4 ,cancelled balance reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #bbda1 is further amended by adding at the end the following3 7#dj7 for the budget for each of fiscal years #bjbg through #bjca1 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 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 #bbdc4 ,lapse in appropriations--reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #bbdb1 is further amended by adding at the end the following3 7#da7 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 expenditure1 providing-- 7i7 the amount so obligated or expended2 7ii7 the account affected2 7iii7 an explanation of the exception under subchapter ,,iii of chapter #ac or subchapter ,,ii of chapter #ae of this title1 or another legal authority1 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 exception under subchapter ,,iii of chapter #ac or subchapter ,,ii of chapter #ae of this title for a program1 project1 or activity from any explanations previously reported on pursuant to this paragraph4 4 #bbdd4 ,transfer and other repurposing authority reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #bbdc1 is further amended by adding at the end the following3 7#db7 for the budget for fiscal year #bjbg1 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 on any use of such authority in the preceding #c fiscal years4 4 #b ,empowering ,congressional ,review ,through ,nonpartisan ,congressional ,agencies and ,transparency ,initiatives #bbea4 ,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 agency 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 agency 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 agency 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 ,government ,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 #bbeb4 ,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 ,if2 7#b7 by inserting or if the ,comptroller ,general determines that an officer or employee of an executive agency or of the ,district of ,columbia government violated section #acda7;a7 or #acdb1 before the head of the agency2 7#c7 by striking the ,comptroller ,general and inserting the ,comptroller ,general and the ,attorney ,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 the ,district of ,columbia government1 and any written response by any officer or employee identified by position as involved in the violation4 ,in the case that the ,comptroller ,general issues a legal decision concluding that section #acda7;a7 or #acdb was violated and the executive agency or the ,district of ,columbia government does not agree that a violation has occurred1 the report provided to the ,president1 the ,congress1 and the ,comptroller ,general will explain the position of the executive agency or the ,district of ,columbia government4 4 7b7 ,violations of section #aeag ,section #aeag of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by inserting or if the ,comptroller ,general determines that an officer or employee of an executive agency or of the ,district of ,columbia government violated subsection 7a71 before the head of the executive agency2 and 7,b7 by striking the ,comptroller ,general and inserting the ,comptroller ,general and the ,attorney ,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 the ,district of ,columbia government1 and any written response by any officer or employee identified by position as involved in the violation4 ,in the case that the ,comptroller ,general issues a legal decision concluding that subsection 7a7 was violated and the executive agency or the ,district of ,columbia government does not agree that a violation has occurred1 the report provided to the ,president1 the ,congress1 and the ,comptroller ,general will explain the position of the executive agency or the ,district of ,columbia government4 4 #bbec4 ,department of ,justice reporting to ,congress for ,antideficiency ,act violations 7a7 ,violations of sections #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 such 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 for 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 employee1 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 employee1 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 such 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 for 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 employee1 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 employee1 an explanation of any update to the status of any review or investigation previously reported pursuant to this subsection4 4 #bbed4 ,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 #bbee4 ,treatment of requests for information from ,members of ,congress ,section #eeb7;d7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 is amended1 in the second sentence1 by inserting or any ,member of ,congress before the period at the end4 ,c ,strengthening ,congressional ,role in and ,oversight of ,emergency ,declarations and ,designations #bbfa4 ,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 substantially 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 under subsection 7b7 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 ,protecting ,our ,democracy ,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 7e7 ,limitations 7#a7 ,in general ,any emergency powers invoked by the ,president pursuant to a national emergency declared under this section shall relate to the nature of1 and may be used only to address1 that emergency4 7#b7 ,authorization or funding withheld ,no authority available to the ,president during a national emergency declared under this section may be used to provide authorization or funding for any program1 project1 or activity for which ,congress1 on or after the date of the events giving rise to the emergency declaration1 has withheld authorization or funding4 #bjb4 ,effective periods of national emergencies 7a7 ,temporary effective periods 7#a7 ,in general ,unless previously terminated pursuant to a proclamation of the ,president or an ,act of ,congress under subsection 7c71 a declaration of a national emergency shall remain in effect for #bj session days1 in the case of the ,senate1 and #bj legislative days1 in the case of the ,house1 from the issuance of the proclamation under section #bja7;a7 7not counting the day on which the proclamation was issued7 and shall terminate when that 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 ,unless the declaration of national emergency has been terminated pursuant to a proclamation of the ,president or an ,act of ,congress under subsection 7c71 any emergency power or authority made available under a provision of law specified pursuant to section #bja7;b7 may be exercised pursuant to a declaration of a national emergency for #bj session days1 in the case of the ,senate1 and #bj legislative days1 in the case of the ,house1 from the issuance of the proclamation or ,executive order 7not counting the day on which such proclamation or ,executive order was issued74 ,that power or authority may not be exercised after that 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 7b7 ,renewal of national emergencies ,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 that is one year after the ,president transmitted to ,congress the proclamation declaring the emergency or the enactment of a previous renewal pursuant to this subsection1 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 renewing the emergency pursuant to section #bjc before the termination of the emergency or previous renewal of the emergency4 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 ,congress1 including a joint resolution of termination under section #bjc1 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 ,joint resolution of termination defined ,in this section1 the term joint resolution of termination means a resolution introduced in the ,house or ,senate to terminate-- 7#a7 a national emergency declared under section #bja2 or 7#b7 the exercise of any authorities pursuant to that emergency4 7c7 ,procedures for consideration of joint resolutions of approval and joint resolutions of termination 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 or joint resolution of termination may be introduced in either ,house of ,congress by any member of that ,house4 7#b7 ,consideration in ,senate ,in the ,senate1 the following shall apply3 7,a7 ,committee referral ,a joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees4 7,b7 ,reporting and discharge ,if the committee to which a joint resolution of approval or joint resolution of termination 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 or joint resolution of termination 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 approval or joint resolution of termination4 ,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 or joint resolution of termination 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 approval or joint resolution of termination1 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 or joint resolution of termination 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 or joint resolution of termination 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#c7 ,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 or joint resolution of termination has been referred has not reported it to the ,house within seven legislative days after the date of referral such committee shall be discharged from further consideration of the joint resolution4 7,b7 7i7 ,proceeding to consideration ,beginning on the third legislative day after each committee to which a joint resolution of approval or joint resolution of termination has been referred reports it to the ,house or has been discharged from further consideration thereof1 it shall be in order to move to proceed to consider the joint resolution of approval or joint resolution of termination 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 another motion to proceed on the joint resolution of approval or joint resolution of termination4 ,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 of an ,executive order described in 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 of the proclamation described in subsection 7a77#a7 that is the subject of such ,executive order or list4 7,c7 ,consideration ,the joint resolution of approval or joint resolution of termination shall be considered as read4 ,all points of order against the joint resolution of approval or joint resolution of termination and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution of approval or joint resolution of termination to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution of approval or joint resolution of termination 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution of approval or joint resolution of termination shall not be in order4 7#d7 ,coordination with action by other house 7,a7 ,in general ,if1 before the passage by one ,house of a joint resolution of approval or joint resolution of termination of that ,house1 that ,house receives from the other ,house a joint resolution of approval or joint resolution of termination with regard to the same proclamation or ,executive order1 then the following procedures shall apply3 7i7 ,the joint resolution of approval or joint resolution of termination of the other ,house shall not be referred to a committee4 7ii7 ,with respect to a joint resolution of approval or joint resolution of termination 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 or joint resolution of termination had been received from the other ,house2 but 7,,ii7 the vote on passage shall be on the joint resolution of approval or joint resolution of termination of the other ,house4 7iii7 ,upon the failure of passage of the joint resolution of approval or joint resolution of termination of the other ,house1 the question shall immediately occur on passage of the joint resolution of approval or joint resolution of termination of the receiving ,house4 7,b7 ,treatment of legislation of other house ,if one ,house fails to introduce a joint resolution of approval or joint resolution of termination under this section1 the joint resolution of approval or joint resolution of termination of the other ,house shall be entitled to expedited floor procedures under this section4 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 or joint resolution of termination that is a revenue measure4 7#e7 ,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 7d7 ,rule of construction ,the enactment of a joint resolution of approval or joint resolution of termination 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 7e7 ,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 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 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 authority specified in the ,executive order1 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 amendment ,title ,,iii of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afca7 is repealed4 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 this ,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 #bbfb4 ,national ,emergencies ,act declaration spending reporting in the ,president's budget ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 as amended by section #bbdd1 is further amended by adding at the end the following3 7#dc7 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 years 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 be organized by ,treasury ,appropriation ,fund ,symbol or fund account and by program1 project1 and activity1 and include-- 7i7 a description of each such program1 project1 and activity2 7ii7 the authorities under which such funding actions are taken2 and 7iii7 the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency4 7,c7 ,such report 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 #bbfc4 ,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 ,government ,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 precoordinated 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 #bbfd4 ,congressional designations ,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 ,,xxiii ,security ,from ,political ,interference in ,justice #bcja4 ,short title ,this title may be cited as the ,security from ,political ,interference in ,justice ,act4 #bcjb4 ,definitions ,in this title3 7#a7 ,communications log ,the term communications log means the log required to be maintained under section #bcjc7;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 a ,president-elect1 a ,vice ,president-elect1 a former ,president1 a former ,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 a ,president-elect1 a ,vice ,president-elect1 a former ,president1 a former ,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 civil or criminal action 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 ,immediate family of the ,president or ,vice ,president ,the term immediate family of the ,president or ,vice ,president means the persons to whom the ,president or ,vice ,president-- 7,a7 is related by blood1 marriage1 or adoption2 or 7,b7 stands in loco parentis4 7#d7 ,president-elect ,the term ,president-elect means any person who is an apparent successful candidate for the office of ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note2 ,public ,law #hh-bgg7 and has not yet assumed the office of ,president4 7#e7 ,vice ,president-elect ,the term ,vice ,president-elect means any person who is an apparent successful candidate for the office of ,vice ,president1 as determined under section #c7;c7 of the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note2 ,public ,law #hh-bgg7 and has not yet assumed the office of ,vice ,president4 #bcjc4 ,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 #cj1 ,april #cj1 ,july #cj1 and ,october #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 #c-month period preceding that ,january1 ,april1 ,july1 or ,october4 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 #bcjd4 ,rule of construction ,nothing in this title may be construed to affect any requirement to report pursuant to title ,,xi of this ,act or the amendments made by that title4 ,,xxiv ,protecting ,whistleblowers #bdja4 ,short title ,this title may be cited as the ,whistleblower ,protection ,improvement ,act4 ,a ,whistleblower ,protection ,improvement #bdba4 ,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 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 in clause 7xii7 of section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 as amended by that 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 that paragraph1 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 before the communication or transmission of the identity or personally identifiable information of that other employee2 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 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 under 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 under 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 ,government1 or attempting or threatening to commit any of the foregoing actions1 because the other officer or employee engaged in activity protected under 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 #bdbb4 ,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 that term 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 for employment 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 paragraph 7#b7 of section #abba7;i7 of title #e1 ,united ,states ,code1 7as added by subparagraph 7,a77 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 in a court of the ,united ,states 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 #ggjc before the date of enactment of this ,act with respect to which the applicable 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 amended1 in the matter following clause 7xiii71 as so redesignated by this title-- 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 fellow or intern at an agency1 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 and 7,b7 in subsection 7b71 by striking the second sentence4 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 ,december #bc1 #bjbj1 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 made regarding such allegation under subsection 7h7 of such section4 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 amended1 in the matter preceding clause 7i71 by striking upon the making of the decision and inserting upon the 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 that section before the date of enactment of this ,act with respect to which the ,board has not issued a final decision4 #bdbc4 ,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 ,code 7as amended by such subsection 7a771 occurring on or after the date of enactment of this ,act4 #bdbd4 ,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 this title1 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 ,any disclosure of information by an employee or applicant that the employee or applicant reasonably believes is evidence of censorship related to research1 analysis1 or technical information-- 7,a7 shall come within the protections of subsection 7b77#h77;,a7 if-- 7i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7,i7 any violation of law1 rule1 or regulation2 or 7,,ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7ii7 the disclosure is not specifically prohibited by law or that 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 7,b7 shall come within the protections of subsection 7b77#h77;,b7 if-- 7i7 the employee or applicant reasonably believes that the censorship related to research1 analysis1 or technical information is or will cause-- 7,i7 any violation of law1 rule1 or regulation2 or 7,,ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7ii7 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 the disclosure1 consistent with the protection of sources and methods4 7#c7 ,a disclosure shall not be excluded from paragraph 7#b7 for any reason described in 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 repealed4 7#b7 ,rule of construction ,nothing in this subsection 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 that section with respect to that action4 #bdbe4 ,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 that term 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 that term 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 that term 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 subsection 7b77#h71 7b77#i77;,a77i71 7,b71 7,c71 7,d71 or 7,e71 7b77#ac71 or 7g72 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 subsection 7b77#h71 subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of subsection 7b77#i71 subsection 7b77#ac71 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 striking section #bcjb7;b7 and inserting subsection 7b7 or 7g7 of section #bcjb2 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 #bdda4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints 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 #abjb4 ,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 ,federal ,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 7#ej ,u4,s4,c4 #cbcd7 is-- 7i7 transferred to title ,,xii of such ,act1 as added by subsection 7a72 7ii7 inserted before section #abjb of such ,act1 as added by such subsection2 and 7iii7 redesignated as section #abja4 7,b7 ,section #aajf 7#ej ,u4,s4,c4 #cbcf7 is-- 7i7 amended by striking section #aajd each place it appears and inserting section #abja2 7ii7 transferred to title ,,xii of such ,act1 as added by subsection 7a72 7iii7 inserted after section #abjb of such ,act1 as added by such subsection2 and 7iv7 redesignated as section #abjc4 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 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,sec4 #abja4 ,prohibited personnel practices in the intelligence community4,sec4 #abjb4 ,limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints4,sec4 #abjc4 ,inspector general external review panel4 4 7c7 ,definitions ,section #c of such ,act 7#ej ,u4,s4,c4 #cjjc7 is amended by adding at the end the following new paragraphs3 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 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 #abja 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 #abja of the ,national ,security ,act of #aidg4 #bddb4 ,disclosures to ,congress 7a7 ,in general ,title ,,xii of the ,national ,security ,act of #aidg1 as added by section #bdda1 is further amended by inserting after section #abjc1 as designated by section #bdda7;b71 the following new section3 #abjd4 ,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 #abjc1 as added by section #bdaa7;b77#b71 the following new item3 ,sec4 #abjd4 ,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 #abjd with respect to contacting such committees44 #bddc4 ,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 #abja of the ,national ,security ,act of #aidg1 as designated by section #bdda7;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 following new subparagraph3 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 #daf of title #e1 ,united ,states ,code2 or 4 7b7 ,applicability to detailees ,such subsection is amended by adding at the end the following new paragraph3 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 7f7 of such section is amended to read as follows3 7f7 ,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 ,,xxv ,accountability for ,acting ,officials #beja4 ,short title ,this title may be cited as the ,accountability for ,acting ,officials ,act4 #bejb4 ,clarification of ,federal ,vacancies ,reform ,act of #aiih 7a7 ,eligibility requirements ,section #ccde of title #e1 ,united ,states ,code1 is amended-- 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 2 and 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 ,section #ccde7;c77#b7 of title #e1 ,united ,states ,code1 is amended by inserting after the expiration of a term of office the following3 1 or removal 7voluntarily or involuntarily7 from office14 7d7 ,testimony of acting officials before ,congress ,section #ccde of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 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 the committees described in that paragraph4 4 7e7 ,time limitation for principal offices ,section #ccdf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 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 7f7 ,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 7g7 ,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 each place that term appears 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 in the matter preceding paragraph 7#a71 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 section #ccdi7;b7 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 ,government ,reform of the ,house of ,representatives2 4 7#c7 ,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 in 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 ,,xxvi ,strengthening ,hatch ,act ,enforcement and ,penalties #bfja4 ,short title ,this title may be cited as the ,hatch ,act ,accountability ,act4 ,a ,strengthening ,hatch ,act ,enforcement and ,penalties #bfba4 ,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 #acjg of this ,act1 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-- 7,a7 shall conduct an investigation with respect to any allegation concerning political activity prohibited under subchapter ,,iii of chapter #gc 7relating to political activities by ,federal employees72 and 7,b7 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 subchapter ,,iii of chapter #gc4 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 #abae 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 the date on which the ,special ,counsel receives a written statement under subparagraph 7,a7 of this paragraph1 the ,special ,counsel shall-- 7i7 submit the written statement to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,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 on which 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 ,government ,reform of the ,house of ,representatives2 and 7,b7 publish the report and the communications described in subparagraph 7,a7 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 or the ,vice ,president1 employed or holding office-- 7,a7 in the ,executive ,office of the ,president1 the ,office of the ,vice ,president1 or 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 ,service74 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 7c7 ,criminal penalty 7#a7 ,in general ,subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #gcbg4 ,criminal penalty for ,hatch ,act violations 7a7 ,in general ,any person who knowingly violates section #gcbc or #gcbd shall be fined #ej1jjj 7notwithstanding section #cega7;e7 of title #ah71 imprisoned for not more than #a year1 or both4 ,notwithstanding section #cega7;e7 of title #ah1 for each violation after the first1 the fine applicable under this section shall be double the amount of the fine assessed for the previous violation4 7b7 ,attorney fees ,a court may assess against the ,united ,states reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which an employee has established1 by a preponderance of the evidence1 that a superior ordered or otherwise coerced the employee into taking any act that resulted in a violation of section #gcbc or #gcbd4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #gcbf the following3 #gcbg4 ,criminal penalty for ,hatch ,act violations4 4 7#c7 ,training ,after the first violation by an individual of section #gcbc or #gcbd of title #e1 ,united ,states ,code1 that individual shall be provided training by the employing agency of the individual on how to avoid subsequent violations of either such section4 #bfbb4 ,including ,executive ,office of the ,president under limitation on nepotism in the civil service ,section #caaj7;a77#a77;,a7 of title #e1 ,united ,states ,code1 is amended by inserting 1 including the ,executive ,office of the ,president after ,executive agency4 #bfbc4 ,disclosure of ,hatch ,act investigations for certain political employees ,section #abaf of title #e1 ,united ,states ,code1 as amended by section #bfba of this ,act1 is amended by adding at the end the following3 7g7 7#a7 ,with respect to any investigation of an allegation of prohibited activity under subsection 7a77#a7 against a political employee1 not later than #ad days after the date on which the ,special ,counsel makes a final determination under that investigation with respect to whether a violation occurred1 the ,special ,counsel shall-- 7,a7 publish1 on the website of the ,office of ,special ,counsel1 that determination and a report on that determination2 and 7,b7 submit the report required under subparagraph 7,a7 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,in this subsection1 the term political employee means any individual occupying any of the following positions in the executive branch of ,government 7including an individual carrying out the duties of such a position in an acting capacity73 7,a7 ,any position required to be filled by an appointment by the ,president1 by and with the advice and consent of the ,senate4 7,b7 ,any position in the executive branch of the ,government of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulations4 7,c7 ,any position in or under the ,executive ,office of the ,president4 7,d7 ,any position in or under the ,office of the ,vice ,president4 7,e7 ,any position in the ,senior ,executive ,service that is not a career appointee1 a limited term appointee1 or a limited emergency appointee 7as those terms are defined in section #cacb7;a774 4 #bfbd4 ,clarification on candidates visiting ,federal property 7a7 ,in general ,section #gcbc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,nothing in this section or section #gcbd shall be construed to prohibit an employee from allowing a ,member of ,congress or any other elected official from visiting ,federal facilities for an official purpose1 including receiving briefings1 tours1 or other official information4 4 7b7 ,technical and conforming amendments ,section #gcbc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by striking his official authority or influence and inserting the official authority or influence of the employee2 and 7#b7 in subsection 7c7-- 7,a7 by striking he and inserting the employee2 and 7,b7 by striking his opinion and inserting the opinion of the employee4 #bfbe4 ,applying ,hatch ,act to ,president and ,vice ,president while on ,federal property 7a7 ,in general ,subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 as amended by this ,act1 is further amended-- 7#a7 by redesignating sections #gcbf and #gcbg as sections #gcbg and #gcbh1 respectively2 and 7#b7 by inserting after section #gcbe the following3 #gcbf4 ,limitations on political activity of ,president and ,vice ,president while on ,white ,house grounds ,notwithstanding section #gcbb7a71 the prohibitions on political activity under sections #gcbc7;a7 and #gcbd shall apply to the ,president and ,vice ,president while the ,president and ,vice ,president are on or in any part of the ,white ,house1 or any part of the ,white ,house grounds1 that is regularly used in the discharge of official duties4 4 7b7 ,clerical amendment ,the table of sections of subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 as amended by this ,act1 is further amended by striking the items relating to sections #gcbf and #gcbg and inserting the following3 #gcbf4 ,limitations on political activity of ,president and ,vice ,president while on ,federal property#gcbg4 ,penalties#gcbg4 ,criminal penalty for ,hatch ,act violations4 4 #bfbf4 ,granting the ,office of ,special ,counsel rulemaking authority ,notwithstanding any other provision of law1 rule1 or regulation1 the ,office of ,special ,counsel shall have exclusive authority to promulgate regulations with respect to authority granted to the ,office under subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code4 #bfbg4 ,greater accountability for political appointees ,section #abjd7;c7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,notwithstanding the previous sentences1 in the case of contumacy or failure by an individual to obey a subpoena issued under subsection 7b77#b77;,a7 or section #abad7;b7 with respect to an investigation into any violation of section #gcbc or #gcbd1 the ,board may issue an order requiring that individual to appear at any designated place to testify or to produce documentary or other evidence44 #bfbh4 ,investigating former political employees 7a7 ,definition ,in this section1 the term employee has the meaning given the term in section #gcbb of title #e1 ,united ,states ,code4 7b7 ,continuation of investigation ,notwithstanding any other provision of law1 the ,office of ,special ,counsel may continue an investigation of a violation of section #gcbc or #gcbd of title #e1 ,united ,states ,code1 of an individual who is a former employee only if that investigation commenced while the individual was an employee4 #bfbi4 ,,gao review of reimbursable political events 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on reimbursable political events held at the ,white ,house or on the ,white ,house grounds during the period beginning on ,january #a1 #aiig1 and ending on the date of enactment of this ,act 7referred to in this section as the covered period74 7b7 ,contents ,the report required under subsection 7a7 shall include the following3 7#a7 ,whether1 during the covered period1 the requirements in annual appropriations ,acts with respect to reimbursable political events have been followed1 including the requirements under the heading ,executive ,residence at the ,white ,house--,reimbursable ,expenses in title ,,ii of division ,d of the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f74 7#b7 ,an assessment of what constitutes a political event during the covered period4 7#c7 ,whether an event that was not classified as a political event during the covered period should have been classified as such an event4 7#d7 ,a review of any payment made by a political entity under the terms of the requirements described in paragraph 7#a74 7#e7 ,recommendations for ,congress on-- 7,a7 a definition for the term political event2 7,b7 how to assess whether presidential administrations are following the requirements described in paragraph 7#a72 and 7,c7 how to hold presidential administrations accountable if the requirements described in paragraph 7#a7 are not followed4 ,b ,strengthening ,ethics ,enforcement and ,penalties for ,federal ,executive ,employees #bfda4 ,definitions 7a7 ,in general ,subject to subsection 7b71 in this subtitle3 7#a7 ,administration ,the term ,administration means each term of office of the incumbent ,president serving at the time of the appointment of an appointee4 7#b7 ,appointee ,the term appointee-- 7,a7 includes each individual appointed-- 7i7 to a full-time1 noncareer position by the ,president or the ,vice ,president2 7ii7 to a position described in sections #ecab through #ecaf of title #e1 ,united ,states ,code 7relating to the ,executive ,schedule72 7iii7 to a position as a noncareer appointee in the ,senior ,executive ,service1 as described in section #cacb7;a7 of title #e1 ,united ,states ,code1 or as a noncareer appointee under another comparable personnel system for senior personnel2 or 7iv7 to a position in an ,executive agency excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or another position excepted from the competitive service under comparable criteria2 and 7,b7 does not include any individual appointed to a position in the ,senior ,foreign ,service or solely as a uniformed service commissioned officer4 7#c7 ,covered executive branch official2 lobbying activities1 lobbyist ,the terms covered executive branch official1 lobbying activities1 and lobbyist have the meanings given those terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 7#d7 ,directly and substantially related to my former employer or any former client ,the term directly and substantially related to my former employer or any former client means any matter in which the former employer or a former client of an appointee is a party or represents a party to the matter4 7#e7 ,executive agency ,the term ,executive agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code1 except that such term-- 7,a7 includes-- 7i7 the ,executive ,office of the ,president2 7ii7 the ,united ,states ,postal ,service2 and 7iii7 the ,postal ,regulatory ,commission2 and 7,b7 does not include the ,government ,accountability ,office4 7#f7 ,former client ,the term former client-- 7,a7 means any person for whom an appointee1 during the #b-year period before the date of the appointment of the appointee1 served personally as an agent1 an attorney1 or a consultant1 except that such service as an agent1 an attorney1 or a consultant shall not include any instance in which the service provided was limited to speeches or similar appearances2 and 7,b7 does not include any clients of the former employer of the appointee to whom the appointee did not personally provide services4 7#g7 ,former employer ,the term former employer-- 7,a7 means any person for whom an appointee1 during the #b-year period before the date of appointment of the appointee1 served as an employee1 officer1 director1 trustee1 or general partner2 and 7,b7 does not include-- 7i7 any ,executive agency or other entity of the ,federal ,government2 7ii7 any ,state or local government2 7iii7 the ,government of the ,district of ,columbia2 7iv7 any ,tribal government2 7v7 any government of a ,united ,states territory or possession2 or 7vi7 any international organization of which the ,united ,states is a member state4 7#h7 ,gift ,the term gift-- 7,a7 has the meaning given the term in section #bfce4bjc7;b7 of title #e1 ,code of ,federal ,regulations2 7,b7 includes any gift that is solicited or accepted indirectly1 as defined in section #bfce4bjc7;f7 of title #e1 ,code of ,federal ,regulations2 and 7,c7 does not include any item excepted under subsections 7b71 7c71 7e77#a71 7e77#c71 7j71 or 7l7 of section #bfce4bjd of title #e1 ,code of ,federal ,regulations4 7#i7 ,government official ,the term ,government official means any employee of the executive branch of the ,government4 7#aj7 ,lobby ,the term lobby means to act or have acted as a registered lobbyist4 7#aa7 ,materially assist ,the term materially assist-- 7,a7 means to provide substantive assistance2 and 7,b7 does not include-- 7i7 the provision of background or general education on a matter of law or policy based upon the subject matter expertise of an individual2 or 7ii7 any conduct or assistance permitted under section #bjg7;j7 of title #ah1 ,united ,states ,code4 7#ab7 ,participate ,the term participate means to participate personally and substantially4 7#ac7 ,particular matter ,the term particular matter has the meaning given the term in section #bjg of title #ah1 ,united ,states ,code1 and section #bfce4djb7;b77#c7 of title #e1 ,code of ,federal ,regulations4 7#ad7 ,particular matter involving specific parties ,the term particular matter involving specific parties has the meaning given the term in section #bfda4bja7;h7 of title #e1 ,code of ,federal ,regulations1 except that the term shall also include any meeting or other communication relating to the performance of the official duties of an individual with a former employer or former client of the individual1 unless-- 7,a7 the communication applies to a particular matter of general applicability2 and 7,b7 participation in the meeting or other event is open to all interested parties4 7#ae7 ,pledge ,the term pledge means the ethics pledge under section #bfdb4 7#af7 ,registered lobbyist or lobbying organization ,the term registered lobbyist or lobbying organization means-- 7,a7 any lobbyist or an organization required to file a registration pursuant to section #d of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc72 and 7,b7 in the case of an organization required to file such a registration1 includes each of the lobbyists of the organization identified therein4 7#ag7 ,senior ,white ,house staff ,the term ,senior ,white ,house staff means any individual appointed by-- 7,a7 the ,president to a position under subparagraph 7,a7 or 7,b7 of section #aje7;a77#b7 of title #c1 ,united ,states ,code2 or 7,b7 the ,vice ,president to a position under subparagraph 7,a7 or 7,b7 of section #ajf7;a77#a7 of title #c1 ,united ,states ,code4 7b7 ,rule of construction ,any reference to a provision of ,federal law1 including any regulation1 under this subtitle shall be construed to refer to any such provision in effect on ,january #bj1 #bjbe4 #bfdb4 ,ethics pledge ,each appointee in each ,executive agency appointed on or after ,january #bj1 #bjbe1 shall sign1 and upon signing shall be contractually committed to1 an ethics pledge that states the following3 ,i recognize that this pledge is part of a broader ethics in ,government plan designed to restore and maintain public trust in the ,federal ,government1 and ,i commit myself to conduct consistent with that plan4 ,i commit to decision-making on the merits and exclusively in the public interest1 without regard to private gain or personal benefit4 ,i commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the ,department of ,justice4 ,i commit to ethical choices of post-,government employment that do not raise the appearance that ,i have used my ,government service for private gain1 including by using confidential information acquired and relationships established for the benefit of future clients4,accordingly1 as a condition1 and in consideration1 of my employment in the ,united ,states ,government in a position invested with the public trust1 ,i commit myself to the following obligations1 which ,i understand are binding on me and are enforceable under law3 7#a7 ,lobbyist gift ban ,i will not accept any gift from any registered lobbyist or lobbying organization for the duration of my service as an appointee4 7#b7 ,revolving door ban2 all appointees entering ,government ,for a period of #b years beginning on the date of my appointment1 ,i will not participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients1 including regulations and contracts4 7#c7 ,revolving door ban2 lobbyists and registered agents entering ,government ,if1 during the #b-year period before the date of my appointment1 ,i was registered under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 or the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq471 in addition to abiding by the limitations of paragraph 7#b71 ,i will not1 for a period of #b years beginning on the date of my appointment-- 7,a7 participate in any particular matter with respect to which ,i lobbied1 or engaged in any activity that would require registration under the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq471 during the #b-year period before the date of my appointment2 7,b7 participate in the specific issue area involving the particular matter described in subparagraph 7,a72 or 7,c7 seek or accept employment with any ,executive agency with respect to which ,i lobbied1 or engaged in any activity that would require registration under the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq471 during the #b-year period before the date of my appointment4 7#d7 ,revolving door ban2 appointees leaving ,government ,if1 upon my departure from the ,government1 the post-employment restrictions relating to communicating with employees of my former ,executive agency under section #bjg7;c7 of title #ah1 ,united ,states ,code1 and any implementing regulations1 apply to me1 ,i agree that ,i will abide by those restrictions for a period of #b years beginning on the last date of my appointment4 ,i will abide by those same restrictions with respect to communicating with the ,senior ,white ,house staff4 7#e7 ,revolving door ban2 senior and very senior appointees leaving ,government ,if1 upon my departure from the ,government1 the post-employment restrictions under subsections 7c7 or 7d7 of section #bjg of title #ah1 ,united ,states ,code1 and any implementing regulations1 apply to me1 ,i agree that1 in addition to abiding by those restrictions1 for a period of #a year beginning on the last date of my appointment1 ,i will not materially assist any other person in making any communication or appearance that ,i am prohibited from undertaking myself by-- 7,a7 holding myself out as being available to engage in lobbying activities in support of any such communication or appearance2 or 7,b7 engaging in any such lobbying activities4 7#f7 ,revolving door ban2 appointees leaving ,government to lobby ,in addition to abiding by the limitations under paragraph 7#d71 ,i also agree1 upon leaving ,government service1 not to lobby any covered executive branch official or noncareer appointee in the ,senior ,executive ,service1 as described in section #cacb7;a7 of title #e1 ,united ,states ,code1 or engage in any activity on behalf of any foreign government or foreign political party that1 if such activity was undertaken on ,january #bj1 #bjbe1 would require that ,i register under the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq471 for the remainder of the ,administration or the #b-year period beginning on the last date of my appointment1 whichever is later4 7#g7 ,golden parachute ban ,i have not accepted and will not accept1 including after entering ,government service1 any salary or other cash payment from my former employer the eligibility for and payment of which is limited to individuals accepting a position in the ,united ,states ,government4 ,i also have not accepted and will not accept any non-cash benefit from my former employer that is provided in lieu of such a prohibited cash payment4 7#h7 ,employment qualification commitment ,i agree that any hiring or other employment decisions ,i make will be based on the qualifications1 competence1 and experience of the candidate4 7#i7 ,assent to enforcement ,i acknowledge that subtitle ,b of title ,,xxvi of the ,protecting ,our ,democracy ,act1 which ,i have read before signing this document1 defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them4 ,i expressly accept the provisions of that subtitle as a part of this agreement and as binding on me4 ,i understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of ,federal ,government service4 4 #bfdc4 ,waivers 7a7 ,in general 7#a7 ,requirements for waiver ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,counsel to the ,president1 may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if1 and to the extent that1 the ,director of the ,office of ,management and ,budget certifies in writing-- 7,a7 that the literal application of the restriction is inconsistent with the purposes of the restriction2 or 7,b7 that1 subject to subsection 7c71 it is in the public interest to grant the waiver4 7#b7 ,contents ,any waiver granted under paragraph 7#a7 shall-- 7,a7 reflect the basis for the waiver2 and 7,b7 in the case of a waiver of the restrictions under subparagraph 7,b7 or 7,c7 of paragraph 7#c7 of the pledge1 include a discussion of the findings with respect to the considerations set forth in subsection 7c77#b7 of this section4 7b7 ,effective date2 publication 7#a7 ,effective date ,a waiver granted under subsection 7a7 shall take effect on the date on which the ,director of the ,office of ,management and ,budget signs the waiver4 7#b7 ,publication ,the ,director of the ,office of ,management and ,budget shall make any waiver granted under subsection 7a7 public not later than #aj days after the waiver is granted4 7c7 ,public interest 7#a7 ,in general ,with respect to consideration of the public interest under subsection 7a77#b77;,b71 the public interest shall include exigent circumstances relating to national security1 the economy1 public health1 or the environment4 7#b7 ,specific considerations ,in determining whether it is in the public interest to grant a waiver under subsection 7a77#b77;,b7 of the restrictions under subparagraph 7,b7 or 7,c7 of paragraph 7#c7 of the pledge1 the responsible official may consider the following factors3 7,a7 ,the need of the ,government for the services of the individual1 including the existence of special circumstances related to national security1 the economy1 public health1 or the environment of the ,united ,states4 7,b7 ,the uniqueness of the qualifications of the individual to meet the needs of the ,government4 7,c7 ,the scope and nature of the prior lobbying activities of the individual1 including whether such activities were de minimis or rendered on behalf of a nonprofit organization4 7,d7 ,the extent to which the purposes of the restriction may be satisfied through other limitations on the services of the individual1 such as those required by paragraph 7#c77;,a7 of the pledge4 #bfdd4 ,administration 7a7 ,in general ,the head of each ,executive agency shall1 in consultation with the ,director of the ,office of ,government ,ethics1 establish such rules or procedures 7conforming as nearly as practicable to the general ethics rules and procedures of the ,executive agency1 including those relating to designated agency ethics officials7 as are necessary or appropriate to ensure-- 7#a7 that every appointee in the ,executive agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee2 7#b7 that compliance with paragraph 7#c7 of the pledge is addressed in a written ethics agreement with each appointee to whom that paragraph applies1 which agreement shall also be approved by the ,counsel to the ,president prior to the appointee commencing work2 7#c7 that any spousal employment issue or other conflict not expressly addressed by the pledge is addressed in ethics agreements with appointees or1 where no such agreements are required1 through ethics counseling2 and 7#d7 that the ,executive agency generally complies with this subtitle4 7b7 ,executive ,office of the ,president ,with respect to the ,executive ,office of the ,president1 the duties set forth in subsection 7a7 shall be the responsibility of the ,counsel to the ,president4 7c7 ,director of the ,office of ,government ,ethics general responsibilities ,the ,director of the ,office of ,government ,ethics shall-- 7#a7 ensure that the pledge and a copy of this subtitle are made available for use by each ,executive agency in fulfilling the duties of the ,executive agency under subsection 7a72 7#b7 in consultation with the ,attorney ,general or the ,counsel to the ,president1 when appropriate1 assist designated agency ethics officials 7as defined in section #acaja of title #e1 ,united ,states ,code7 in providing advice to current or former appointees regarding the application of the pledge2 7#c7 in consultation with the ,attorney ,general and the ,counsel to the ,president1 adopt such rules or procedures as are necessary or appropriate-- 7,a7 to carry out the foregoing responsibilities2 7,b7 to authorize limited exceptions to the lobbyist gift ban under paragraph 7#a7 of the pledge for circumstances that do not implicate the purposes of the ban2 7,c7 to make clear that no individual shall have violated the lobbyist gift ban under paragraph 7#a7 of the pledge if the individual properly disposes of a gift as provided under section #bfce4bjf of title #e1 ,code of ,federal ,regulations2 7,d7 to ensure that existing rules and procedures for ,government employees engaged in negotiations for future employment with private businesses that are affected by the official actions of the employees do not affect the integrity of the programs and operations of the ,government2 and 7,e7 to ensure1 in consultation with the ,director of the ,office of ,personnel ,management1 that the requirement set forth in paragraph 7#f7 of the pledge is honored by every employee of the executive branch2 7#d7 in consultation with the ,director of the ,office of ,management and ,budget1 submit a report to the ,president on whether full compliance is being achieved with existing ,federal laws and regulations governing executive branch procurement lobbying disclosure1 provided that such report shall include-- 7,a7 recommendations relating to steps the executive branch can take to expand1 to the fullest extent practicable1 disclosure of both executive branch procurement lobbying and of lobbying for presidential pardons2 and 7,b7 recommendations relating to both immediate actions the executive branch can take and1 if necessary1 recommendations for legislation2 and 7#e7 provide an annual report on the administration of the pledge and this subtitle4 7d7 ,revolving door ban report 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,office of ,government ,ethics shall1 in consultation with the ,attorney ,general1 the ,counsel to the ,president1 and the ,director of the ,office of ,personnel ,management1 report to the ,president on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban under paragraph 7#e7 of the pledge to all executive branch employees who are involved in the procurement process such that those employees may not for #b years after leaving ,government service lobby any ,government official regarding a ,government contract that was under the official responsibility of the employee during the last #b years of ,government service of the employee4 7#b7 ,actions and recommendations ,the report required under paragraph 7#a7 shall include both immediate actions the executive branch can take and1 if necessary1 recommendations for legislation4 7e7 ,filing and retention ,each pledge signed by an appointee1 and any waiver granted under section #bfdc with respect thereto1 shall be filed with the head of the agency of the relevant appointee for permanent retention in the official personnel folder of the appointee or any equivalent folder4 #bfde4 ,enforcement 7a7 ,in general ,the contractual1 fiduciary1 and ethical commitments in the pledge provided for herein are solely enforceable by the ,united ,states pursuant to this section by any legally available means1 including-- 7#a7 debarment proceedings within any affected ,executive agency2 or 7#b7 judicial civil proceedings for declaratory1 injunctive1 or monetary relief4 7b7 ,bar on lobbying 7#a7 ,in general ,any former appointee who is determined1 after notice and hearing1 by the duly designated authority within any ,executive agency1 to have violated the pledge signed by the appointee may be barred from lobbying any officer or employee of the ,executive agency to which the appointee was appointed for not more than #e years in addition to any other restriction on lobbying under the pledge signed by the appointee4 7#b7 ,procedures ,the head of each ,executive agency shall1 in consultation with the ,director of the ,office of ,government ,ethics1 establish procedures to implement this subsection1 which shall include providing for fact-finding and investigation of possible violations of this subtitle and for referrals to the ,attorney ,general for consideration pursuant to subsection 7c74 7c7 ,authority of the ,attorney ,general 7#a7 ,in general ,the ,attorney ,general may-- 7,a7 upon receiving information regarding the possible breach of any commitment in a signed pledge by an appointee1 request any appropriate ,federal investigative authority to conduct an investigation of the alleged breach1 as may be appropriate2 and 7,b7 upon determining that there is a reasonable basis to believe that a breach of a commitment in a signed pledge by an appointee has occurred1 will occur1 or will continue to occur if not enjoined1 commence a civil action against the former employee in any district court of the ,united ,states with jurisdiction to consider the matter4 7#b7 ,civil relief ,in any civil action commenced under paragraph 7#a77;,b71 the ,attorney ,general may request any and all relief authorized by ,federal law1 including-- 7,a7 such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future1 recurring1 or continuing conduct by the former appointee in breach of the commitments in the pledge the former appointee signed2 and 7,b7 establishment of a constructive trust for the benefit of the ,united ,states1 requiring an accounting and payment to the ,united ,states ,treasury of all money and other things of value received by1 or payable to1 the former employee arising out of any breach or attempted breach of the pledge the former appointee signed4 #bfdf4 ,general provisions 7a7 ,severability ,if any provision of this subtitle or the application of such provision is held to be invalid1 the remainder of this subtitle and other dissimilar applications of such provision shall not be affected4 7b7 ,rule of construction ,nothing in this subtitle shall be construed to impair or otherwise affect-- 7#a7 the authority granted by ,federal law to any ,executive agency1 or the head thereof2 or 7#b7 the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 7c7 ,implementation ,this subtitle shall be implemented consistent with applicable law and subject to the availability of appropriations4 7d7 ,rule of construction ,this subtitle is not intended to1 and does not1 create any right or benefit1 substantive or procedural1 enforceable at law or in equity by any party against the ,united ,states1 its departments1 agencies1 or entities1 its officers1 employees1 or agents1 or any other person4 ,,xxvii ,presidential and vice presidential ,tax ,transparency #bgja4 ,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 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 under the ,federal ,election ,campaign ,act of #aiga ,section #cjd7;a77#aa7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;a77#aa77 is amended by adding at the end the following3 7,e7 ,an income tax return filed under the ,protecting ,our ,democracy ,act shall be filed in electronic form accessible by computers and shall be treated as a report filed under and required by this ,act for purposes of subparagraphs 7,b7 and 7,c71 except that if it would require considerable1 extensive1 and significant time for the ,commission to make redactions to such a return1 as required under section #bgja7;b77#c7 of the ,protecting ,our ,democracy ,act or subparagraph 7,b77ii7 of section #fajc7l77#bc7 of the ,internal ,revenue ,code of #aihf1 the ,commission may make the return available for public inspection more than #dh hours after receipt by the ,commission1 but in no event later than #cj days after receipt by the ,commission4 4 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 #bgja7;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 ,,xxviii ,bringing ,executive ,accountability1 ,clarity1 and ,oversight #bhja4 ,short title ,this title may be cited as the cited as the ,bringing ,executive ,accountability1 ,clarity1 and ,oversight ,now ,act or the ,,beacon ,act4 #bhjb4 ,office of ,inspector ,general in the ,executive ,office of the ,president 7a7 ,establishment 7#a7 ,in general ,section #dja of title #e1 ,united ,states ,code1 7commonly referred to as the ,inspector ,general ,act of #aigh7 is amended-- 7,a7 in paragraph 7#a71 by striking or the ,national ,reconnaissance ,office and inserting the ,national ,reconnaissance ,office1 or the ,executive ,office of the ,president2 and 7,b7 in paragraph 7#c71 by striking or the ,director of the ,national ,reconnaissance ,office and inserting the ,director of the ,national ,reconnaissance ,office2 or the ,president 7with respect to the ,executive ,office of the ,president74 7#b7 ,appointment of ,inspector ,general ,not later than #abj days after the date of enactment of this ,act1 the ,president shall appoint an individual as the ,inspector ,general of the ,executive ,office of the ,president in accordance with the requirements of section #djc7;a7 of title #e1 ,united ,states ,code4 7b7 ,special provisions ,chapter #d of title #e1 ,united ,states ,code1 is amended by inserting after section #dbd the following3 #dbe4 ,special provisions concerning the ,executive ,office of the ,president 7a7 ,audits1 investigations1 and issuance of subpoenas 7#a7 ,authority1 direction1 and control ,notwithstanding the last #b sentences of section #djc7;a71 the ,inspector ,general of the ,executive ,office of the ,president shall be under the authority1 direction1 and control of the ,president with respect to audits or investigations1 or the issuance of subpoenas1 that require access to information concerning any of the following3 7,a7 ,the identity of a confidential source1 including a protected witness4 7,b7 ,an intelligence or counterintelligence matter4 7,c7 ,an undercover operation4 7#b7 ,prohibition in certain situations ,with respect to the information described in paragraph 7#a71 the ,president may prohibit the ,inspector ,general of the ,executive ,office of the ,president from initiating1 carrying out1 or completing any audit or investigation1 or from issuing any subpoena1 after the ,inspector ,general has decided to initiate1 carry out1 or complete such audit or investigation1 or to issue such subpoena1 if the ,president determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph 7#a74 7#c7 ,notice after prohibition 7,a7 ,to ,inspector ,general ,if the ,president exercises any power under paragraph 7#b71 not later than #cj days after exercising any such power1 the ,president shall notify the ,inspector ,general of the ,executive ,office of the ,president in writing1 stating the reasons for exercising that power4 7,b7 ,to ,congress ,not later than #cj days after receiving a notice under subparagraph 7,a71 the ,inspector ,general of the ,executive ,office of the ,president shall transmit a copy of the notice to the chair and ranking member of each of the following3 7i7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7ii7 ,the ,committee on the ,judiciary of the ,senate4 7iii7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7iv7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7v7 ,any other appropriate committee or subcommittee of ,congress4 7b7 ,semiannual reports 7#a7 ,additional information to be included ,any semiannual report prepared by the ,inspector ,general of the ,executive ,office of the ,president under section #dje7;b7 shall also include the following3 7,a7 ,with respect to each significant recommendation on which corrective action has been completed1 a description of the corrective action4 7,b7 ,a certification of whether the ,inspector ,general of the ,executive ,office of the ,president has had full and direct access to all information relevant to the performance of the functions of the ,inspector ,general4 7,c7 ,a description of any audit1 inspection1 or evaluation occurring during the reporting period in which the ,inspector ,general of the ,executive ,office of the ,president could not obtain relevant information due to an exercise of power by the ,president under subsection 7a77#b74 7,d7 ,such recommendations as the ,inspector ,general of the ,executive ,office of the ,president considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the ,president1 and the detection and elimination of fraud1 waste1 and abuse in such programs and operations4 7#b7 ,submission to ,president ,notwithstanding section #dje7;c71 the ,inspector ,general of the ,executive ,office of the ,president shall submit to the ,president the semiannual reports prepared under section #dje7;b71 including the additional information required under paragraph 7#a71 not later than ,april #cj and ,october #ca of each year4 7#c7 ,transmission to ,congress ,not later than #cj days after submitting the semiannual report to the ,president under paragraph 7#b71 the ,inspector ,general of the ,executive ,office of the ,president shall transmit the semiannual report to the chair and ranking member of each of the following3 7,a7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,b7 ,the ,committee on the ,judiciary of the ,senate4 7,c7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,d7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,audit of the ,office of the ,inspector ,general of the ,executive ,office of the ,president 7#a7 ,in general ,not later than #abj days after the ,president appoints an individual as the ,inspector ,general of the ,executive ,office of the ,president1 and annually thereafter1 the ,council of ,inspectors ,general on ,integrity and ,efficiency shall conduct an audit of the ,office of the ,inspector ,general of the ,executive ,office of the ,president to ensure that the office is able to effectively provide oversight of the ,executive ,office of the ,president4 7#b7 ,report ,not later than ,october #ca after the first audit is completed under paragraph 7#a71 and annually thereafter1 the ,council of ,inspectors ,general on ,integrity and ,efficiency shall submit to ,congress a report on the findings of the audit4 4 7c7 ,technical and conforming amendments 7#a7 ,in general ,chapter #d of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #dae7;a77#b7-- 7i7 by striking subparagraph 7,c72 and 7ii7 by redesignating subparagraphs 7,d7 through 7,f7 as subparagraphs 7,c7 through 7,e71 respectively2 and 7,b7 in section #dah1 by striking or #dba and inserting 1 #dba1 or #dbe4 7#b7 ,table of sections ,the table of sections for chapter #d of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #dbe4 ,special provisions concerning the ,executive ,office of the ,president4 4 7d7 ,over-,classification audit 7#a7 ,evaluations required ,the ,inspector ,general of the ,executive ,office of the ,president1 in consultation with the ,information ,security ,oversight ,office of the ,national ,archives and ,records ,administration1 shall carry out #b evaluations of the ,executive ,office of the ,president-- 7,a7 to assess whether applicable classification policies1 procedures1 rules1 and regulations have been adopted1 followed1 and effectively administered within the ,executive ,office of the ,president2 and 7,b7 to identify policies1 procedures1 rules1 regulations1 or management practices that may be contributing to persistent misclassification of material within the ,executive ,office of the ,president4 7#b7 ,deadlines for evaluations 7,a7 ,initial evaluation ,the first evaluation required under paragraph 7#a7 shall be completed not later than #a year after the date of enactment of this ,act4 7,b7 ,second evaluation ,the second evaluation required under paragraph 7#a7 shall review progress made pursuant to the results of the first evaluation and shall be completed not later than #a year after the date on which the first evaluation is completed4 7#c7 ,coordination ,the ,inspector ,general of the ,executive ,office of the ,president shall coordinate with other ,inspectors ,general and the ,information ,security ,oversight ,office to ensure that evaluations follow a consistent methodology1 as appropriate1 that allows for cross-agency comparisons4 7#d7 ,reports required 7,a7 ,in general ,not later than #de days after the completion of an evaluation1 the ,inspector ,general of the ,executive ,office of the ,president shall submit to the appropriate entities a report on that evaluation4 7,b7 ,content ,each report submitted under subparagraph 7,a7 shall include a description of-- 7i7 the policies1 procedures1 rules1 regulations1 or management practices1 if any1 identified by the ,inspector ,general under paragraph 7#a77;,b72 and 7ii7 the recommendations1 if any1 of the ,inspector ,general to address any such identified policies1 procedures1 rules1 regulations1 or management practices4 7#e7 ,appropriate entities defined ,in this subsection1 the term appropriate entities means each of the following3 7,a7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,b7 ,the ,committee on the ,judiciary of the ,senate4 7,c7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,d7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 7,e7 ,any other appropriate committee or subcommittee of ,congress4 7,f7 ,the ,president4 7,g7 ,the ,director of the ,information ,security ,oversight ,office4 ,c ,miscellaneous ,,xxxi ,reporting ,foreign ,interference in ,elections #caja4 ,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 #cjajd71 as amended by section #acji1 is amended by adding at the end the following new subsection3 7i7 ,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 ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,select ,committee on ,intelligence of the ,senate 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 7i77#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 7i77#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 #cajb4 ,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 to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact 7as defined in section #cjd7;i77 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 #cajc4 ,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 7i7 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;i77 shall be fined not more than #a1jjj1jjj1 imprisoned not more than #e years1 or both4 4 #cajd4 ,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;i77#a7 of the ,federal ,election ,campaign ,act of #aiga 7as added by section #caja7;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 #caje4 ,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 ,,xxxii ,eliminating ,foreign ,interference in ,elections #cbja4 ,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 #cajc1 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 #cbjb4 ,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 #cbjc4 ,prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda 7a7 ,in general ,section #cai7;a77#a77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a77 is amended by striking ,state1 or local election and inserting the following3 ,state1 or local election1 including a ,state or local ballot initiative or referendum4 7b7 ,effective date ,the amendment made by this section shall apply with respect to elections held in #bjbf or any succeeding year4 ,,xxxiii ,honest ,ads #ccja4 ,short title ,this title may be cited as the ,honest ,ads ,act4 #ccjb4 ,expansion of definition of public communication 7a7 ,in general ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication4 7b7 ,treatment of contributions and expenditures ,section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7 is amended-- 7#a7 in paragraph 7#h77;,b77v71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication2 and 7#b7 in paragraph 7#i77;,b7-- 7,a7 by amending clause 7i7 to read as follows3 7i7 any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 publication1 periodical1 blog1 or platform1 unless such broadcasting1 print1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 2 and 7,b7 in clause 7iv71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication4 7c7 ,disclosure and disclaimer statements ,subsection 7a7 of section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended-- 7#a7 by striking financing any communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting financing any public communication2 and 7#b7 by striking solicits any contribution through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting solicits any contribution through any public communication4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection 7e74 7e7 ,regulation ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb771 as amended by subsection 7a71 except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources1 such as employee compensation1 of the entity paying for the communication4 #ccjc4 ,expansion of definition of electioneering communication 7a7 ,expansion to online communications 7#a7 ,application to qualified ,internet and digital communications 7,a7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified internet or digital communication4 7,b7 ,qualified internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,qualified internet or digital communication ,the term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform 7as defined in subsection 7j77#c774 4 7#b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7#c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 publication1 periodical1 blog1 or platform1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to communications made on or after the date of enactment of this ,act1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #ccjd4 ,application of disclaimer statements to online communications 7a7 ,clear and conspicuous manner requirement ,subsection 7a7 of section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 is amended-- 7#a7 by striking shall clearly state each place it appears in paragraphs 7#a71 7#b71 and 7#c7 and inserting shall state in a clear and conspicuous manner2 and 7#b7 by adding at the end the following flush sentence3 ,for purposes of this section1 a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked44 7b7 ,special rules for qualified ,internet or digital communications 7#a7 ,in general ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special rules for qualified internet or digital communications 7#a7 ,special rules with respect to statements ,in the case of any qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 which is disseminated through a medium in which the provision of all of the information specified in this section is not possible1 the communication shall1 in a clear and conspicuous manner-- 7,a7 state the name of the person who paid for the communication2 and 7,b7 provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information4 7#b7 ,safe harbor for determining clear and conspicuous manner ,a statement in a qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 shall be considered to be made in a clear and conspicuous manner as provided in subsection 7a7 if the communication meets the following requirements3 7,a7 ,text or graphic communications ,in the case of a text or graphic communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the communication2 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7,b7 ,audio communications ,in the case of an audio communication1 the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least #c seconds4 7,c7 ,video communications ,in the case of a video communication which also includes audio1 the statement-- 7i7 is included at either the beginning or the end of the communication2 and 7ii7 is made both in-- 7,i7 a written format that meets the requirements of subparagraph 7,a7 and appears for at least #d seconds2 and 7,,ii7 an audible format that meets the requirements of subparagraph 7,b74 7,d7 ,other communications ,in the case of any other type of communication1 the statement is at least as clear and conspicuous as the statement specified in subparagraph 7,a71 7,b71 or 7,c74 4 7#b7 ,nonapplication of certain exceptions ,the exceptions provided in section #aaj4aa7;f77#a77;i7 and 7ii7 of title #aa1 ,code of ,federal ,regulations1 or any successor to such rules1 shall have no application to qualified internet or digital communications 7as defined in section #cjd7;f77#c77;,d7 of the ,federal ,election ,campaign ,act of #aiga74 7c7 ,modification of additional requirements for certain communications ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 7d7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #ccje4 ,political record requirements for online platforms 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by sections #acji and #caja1 is amended by adding at the end the following new subsection3 7j7 ,disclosure of certain online advertisements 7#a7 ,in general 7,a7 ,requirements for online platforms 7i7 ,in general ,an online platform shall maintain1 and make available for online public inspection in machine readable format1 a complete record of any qualified political advertisement which is purchased by a person whose aggregate purchases of qualified political advertisements on such online platform during the calendar year exceeds #ejj4 7ii7 ,requirement relating to political ads sold by third-party advertising vendors ,an online platform that displays a qualified political advertisement sold by a third-party advertising vendor shall include on its own platform-- 7,i7 an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause 7i7 regarding such qualified political advertisement2 or 7,,ii7 in any case in which the third party advertising vendor does not make such records available1 a statement that no records from the third-party advertising vendors records are available4 7,b7 ,requirements for advertisers ,any person who purchases a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph 7,a74 7#b7 ,contents of record ,a record maintained under paragraph 7#a77;,a7 shall contain-- 7,a7 a digital copy of the qualified political advertisement2 7,b7 a description of the audience that received the advertisement1 the number of views generated from the advertisement1 and the date and time that the advertisement is first displayed and last displayed2 and 7,c7 information regarding-- 7i7 the total cost of the advertisement 7which may be rounded to the nearest #ajj72 7ii7 the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election1 the election to which the advertisement refers1 or the national legislative issue to which the advertisement refers 7as applicable72 7iii7 in the case of a request made by1 or on behalf of1 a candidate1 the name of the candidate1 the authorized committee of the candidate1 and the treasurer of such committee2 and 7iv7 in the case of any request not described in clause 7iii71 the name of the person purchasing the advertisement1 the name and address of a contact person for such person1 and a list of the chief executive officers or members of the executive committee or of the board of directors of such person4 7#c7 ,online platform 7,a7 ,in general ,for purposes of this subsection1 subject to subparagraph 7,b71 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7i7 7,i7 sells qualified political advertisements2 and 7,,ii7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months2 or 7ii7 is a third-party advertising vendor that has #ej1jjj1jjj or more unique monthly ,united ,states visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding #ab months1 as measured by an independent digital ratings service accredited by the ,media ,ratings ,council 7or its successor74 7,b7 ,exemption ,such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper1 magazine1 blog1 publication1 or periodical4 7,c7 ,third-party advertising vendor defined ,for purposes of this subsection1 the term third-party advertising vendor includes any third-party advertising vendor network1 advertising agency1 advertiser1 or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites1 search engines1 digital applications1 or social media sites4 7#d7 ,qualified political advertisement ,for purposes of this subsection1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7,a7 is made by or on behalf of a candidate2 or 7,b7 communicates a message relating to any political matter of national importance1 including-- 7i7 a candidate2 7ii7 any election to ,federal office2 or 7iii7 a national legislative issue of public importance4 7#e7 ,time to maintain file ,the information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than #d years4 7#f7 ,special rule ,for purposes of this subsection1 multiple versions of an advertisement that contain no material differences 7such as versions that differ only because they contain a recipient's name1 or differ only in size1 color1 font1 or layout7 may be treated as a single qualified political advertisement4 7#g7 ,penalties ,for penalties for failure by online platforms1 and persons requesting to purchase a qualified political advertisement on online platforms1 to comply with the requirements of this subsection1 see section #cji4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection 7c74 7c7 ,rulemaking ,not later than #abj days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall establish rules-- 7#a7 for determining whether an advertisement communicates a national legislative issue for purposes of section #cjd7;j7 of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a772 7#b7 requiring common data formats for the record required to be maintained under such section #cjd7;j7 so that all online platforms submit and maintain data online in a common1 machine-readable and publicly accessible format2 and 7#c7 establishing search interface requirements relating to such record1 including searches by candidate name1 issue1 purchaser1 and date4 7d7 ,reporting ,not later than #b years after the date of the enactment of this ,act1 and biannually thereafter1 the ,chairman of the ,federal ,election ,commission shall submit a report to ,congress on-- 7#a7 matters relating to compliance with and the enforcement of the requirements of section #cjd7;j7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a72 7#b7 recommendations for any modifications to such section to assist in carrying out its purposes2 and 7#c7 identifying ways to bring transparency and accountability to political advertisements distributed online for free4 #ccjf4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba71 as amended by section #cbja1 is amended by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively1 and by inserting after subsection 7a7 the following new subsection3 7b7 ,responsibilities of broadcast stations1 providers of cable and satellite television1 and online platforms 7#a7 ,in general ,each television or radio broadcast station1 provider of cable or satellite television1 or online platform 7as defined in section #cjd7;j77#c77 shall make reasonable efforts to ensure that communications described in section #cah7;a7 and made available by such station1 provider1 or platform are not purchased by a foreign national1 directly or indirectly4 7#b7 ,regulations ,not later than #a year after the date of the enactment of this subsection1 the ,commission shall promulgate regulations on what constitutes reasonable efforts under paragraph 7#a74 4 #ccjg4 ,requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by sections #acji1 #caja1 and #ccje7;a71 is amended by adding at the end the following new subsection3 7k7 ,ensuring display and sharing of sponsor identification in online political advertisements 7#a7 ,requirement ,any online platform that displays a qualified political advertisement 7regardless of whether such qualified political advertisement was purchased directly from the online platform7 shall-- 7,a7 display with the advertisement a visible notice identifying the sponsor of the advertisement 7or1 if it is not practical for the platform to display such a notice1 a notice that the advertisement is sponsored by a person other than the platform72 and 7,b7 ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform4 7#b7 ,safe harbor ,an online platform shall not be treated as having failed to comply with the requirements of paragraph 7#a77;,a7 for the misidentification of a person as the sponsor of the advertisement if-- 7,a7 the person placing the online advertisement designated the person displayed in the advertisement as the sponsor2 and 7,b7 the online platform relied on such designation in good faith4 7#c7 ,definitions ,in this subsection-- 7,a7 the term online platform has the meaning given such term in subsection 7j77#c72 7,b7 the term #8qualified political advertisement has the meaning given such term in subsection 7j77#d72 and 7,c7 the term sponsor means the person purchasing the advertisement4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to advertisements displayed on or after the #abj-;day period which begins on the date of the enactment of this ,act and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,,xxxiv ,preventing a ,patronage ,system #cdja4 ,short title ,this title may be cited as the ,saving the ,civil ,service ,act4 #cdjb4 ,limitations on excepting positions from competitive service and transferring positions 7a7 ,in general ,a position in the competitive service may not be excepted from the competitive service unless that position is placed-- 7#a7 in any of schedules ,a through ,e1 as described in section #f4b of title #e1 ,code of ,federal ,regulations1 as in effect on ,september #cj1 #bjbj2 and 7#b7 under the terms and conditions under part #f of title #e1 ,code of ,federal ,regulations1 as in effect on ,september #cj1 #bjbj4 7b7 ,transfers 7#a7 ,within excepted service ,a position in the excepted service may not be transferred to any schedule other than a schedule described in subsection 7a77#a74 7#b7 ,,opm consent required ,an agency may not transfer any occupied position from the competitive service or excepted service into schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 without the prior consent of the ,director4 7#c7 ,limit during presidential term ,during any #d-year presidential term1 an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than #a percent of the total number of employees at that agency1 as of the first day of that term1 or #e employees1 whichever is greater4 7#d7 ,employee consent required ,notwithstanding any other provision of this section-- 7,a7 an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which that position is located without the prior written consent of the employee2 and 7,b7 an employee who occupies a position in the competitive service may not be transferred to the excepted service without the prior written consent of the employee4 7c7 ,other matters 7#a7 ,application ,notwithstanding section #gdbe7;b7 of title #ch1 ,united ,states ,code1 this section shall apply to positions under chapters #gc and #gd of that title4 7#b7 ,regulations ,the ,director shall issue regulations to implement this section4 7d7 ,definitions ,in this section-- 7#a7 the term agency means any department1 agency1 or instrumentality of the ,federal ,government2 7#b7 the term competitive service has the meaning given that term in section #bajb of title #e1 ,united ,states ,code2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 and 7#d7 the term excepted service has the meaning given that term in section #bajc of title #e1 ,united ,states ,code4 ,,xxxv ,use of ,federal ,property2 ,visitor ,records #ceja4 ,prohibition on use of ,federal property for political conventions 7a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after section #faa the following3 #fab4 ,prohibition on use of federal property for certain political activities 7a7 ,a convention of a national political party held to nominate a candidate for the office of ,president or ,vice ,president may not be held on or in any ,federal property4 7b7 ,any candidate or the authorized committee of the candidate under the ,federal ,election ,campaign ,act of #aiga which was responsible for a convention in violation of subsection 7a7 shall be subject to an assessment of a civil penalty equal to the fair market value of the cost of the convention or #ej1jjj1 whichever is greater1 or imprisoned not more than five years1 or both4 7c7 ,in this section1 the term ,federal property means any building1 land1 or other real property owned1 leased1 or occupied by any department1 agency1 or instrumentality of the ,united ,states1 including the ,white ,house grounds and the ,white ,house 7including the ,old ,executive ,office ,building1 the ,west ,wing1 the ,east ,wing1 the ,rose ,garden1 and the ,executive ,residence1 but not including the second floor of the ,executive ,residence74 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by inserting after the item relating to section #faa the following3 #fab4 ,prohibition on use of ,federal property for certain political activities4 4 7c7 ,application 7#a7 ,in general ,this section and the amendments made by this section shall apply to any convention described in section #fab7;a7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 occurring on or after the date of enactment of this ,act4 7#b7 ,travel ,nothing in this section or the amendments made by this section shall be construed to limit or otherwise prevent the ,president or ,vice ,president from using vehicles 7including aircraft7 owned or leased by the ,government for travel to or from any such convention4 #cejb4 ,improving access to influential visitor access records 7a7 ,definitions ,in this section3 7#a7 ,covered location ,the term covered location means-- 7,a7 the ,white ,house2 7,b7 the residence of the ,vice ,president2 and 7,c7 any other location at which the ,president or the ,vice ,president regularly conducts official business4 7#b7 ,covered records ,the term covered records means information relating to a visit at a covered location1 which shall include-- 7,a7 the name of each visitor at the covered location2 7,b7 the name of each individual with whom each visitor described in subparagraph 7,a7 met at the covered location2 and 7,c7 the purpose of the visit4 7b7 ,requirement ,except as provided in subsection 7c71 not later than #ij days after the date of enactment of this ,act1 the ,president shall establish and update1 every #ij days thereafter1 a publicly available database that contains covered records for the preceding #ij-;day period1 on a publicly available website in an easily searchable and downloadable format4 7c7 ,exceptions 7#a7 ,in general ,the ,president shall not include in the database established under subsection 7b7 any covered record-- 7,a7 the posting of which would implicate personal privacy or law enforcement concerns or threaten national security2 7,b7 relating to a purely personal guest at a covered location2 or 7,c7 that reveals the social security number1 taxpayer identification number1 birth date1 home address1 or personal phone number of an individual1 the name of an individual who is less than #ah years old1 or a financial account number4 7#b7 ,sensitive meetings ,with respect to a particularly sensitive meeting at a covered location1 the ,president shall-- 7,a7 include the number of visitors at the covered location in the database established under subsection 7b72 7,b7 post the applicable covered records in the database established under subsection 7b7 when the ,president determines that release of the covered records is no longer sensitive2 and 7,c7 post any reasonably segregable portion that is not covered by an exception described in subsection 7c7 of any such excepted record on the website described under subsection 7b74 ,,xxxvi ,no ,corporate ,crooks #cfja4 ,short title ,this title may be cited as the ,no ,corporate ,crooks ,act4 #cfjb4 ,restriction on service in the executive branch 7a7 ,restriction 7#a7 ,in general ,any individual who is finally convicted of a covered crime for which any portion of the conduct constituting the covered crime was committed while the individual was serving or employed as the chief executive officer of any public or private non-,federal entity1 without regard to whether the conduct was committed in the course of the official duties of the individual as chief executive officer1 shall be ineligible for appointment to a position in the executive branch of the ,federal ,government4 7#b7 ,covered crime defined ,in this subsection1 the term covered crime means any of the following3 7,a7 ,any corruption-related offense under ,federal law1 which includes the following3 7i7 ,bribery1 which includes a violation of section #bja or #fff of title #ah1 ,united ,states ,code4 7ii7 ,copyright infringement1 which includes a violation of chapter #e of title #ag1 ,united ,states ,code4 7iii7 ,cybercrime1 which includes a violation of section #ajcj of title #ah1 ,united ,states ,code4 7iv7 ,embezzlement1 which includes a violation of chapter #ca of title #ah1 ,united ,states ,code4 7v7 ,fraud1 which includes a violation of chapter #fc of title #ah1 ,united ,states ,code4 7vi7 ,insider trading1 which includes a violation of section #aj of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;j74 7vii7 ,wage theft1 which includes a violation of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7viii7 ,tax evasion1 which includes a violation of section #gbja of the ,internal ,revenue ,code of #aihf4 7,b7 ,any offense under the law of a ,state that is comparable to an offense under ,federal law described in subparagraph 7,a74 7b7 ,penalty ,any individual serving in a position in the executive branch of the ,federal ,government on the date of enactment of this ,act who would not be eligible for appointment to such a position under subsection 7a7 shall removed from service or employment in the executive branch of the ,federal ,government4 ,,xxxvii ,recusal of executive branch officers and employees #cgja4 ,short title ,this title may be cited as the ,stop ,millionaires ,using ,service for ,kickbacks ,act or the ,stop ,,musk ,act4 #cgjb4 ,recusal of executive branch officers and employees in matters affecting financial interests of previous employers ,section #bjh7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting after organization in which he is serving as officer1 director1 trustee1 general partner or employee1 the following3 organization for which he1 during the #d-year period preceding such participation1 served as an officer1 director1 trustee1 general partner1 agent1 attorney1 consultant1 contractor1 employee1 or direct competitor1 organization 7other than a political organization1 as defined in section #ebg7;e7 of the ,internal ,revenue ,code of #aihf7 in which he is an active participant14 ,,xxxviii ,clarification of definition of official act #chja4 ,short title ,this title may be cited as the ,closing ,bribery ,loopholes ,act4 #chjb4 ,clarification of definition of official act ,section #bja7;a77#c7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#c7 7,a7 the term official act means any act within the range of official duty1 and any decision1 recommendation1 or action on any question1 matter1 cause1 suit1 proceeding1 or controversy1 which may at any time be pending1 or which may by law be brought before any public official1 in such public official's official capacity or in such official's place of trust or profit1 including any pardon1 commutation1 or reprieve1 or an offer of any such pardon1 commutation1 or reprieve2 and 7,b7 for purposes of subparagraph 7,a71 an official act-- 7i7 may be comprised of a single act1 more than one act1 or a course of conduct to effect the official act2 and 7ii7 may occur whether or not it successfully achieves a desired outcome4 4 ,d ,severability ,,xli ,severability #daja4 ,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 provision or amendment to any person or circumstance1 shall not be affected by the holding4