Sec. 2101 Short title
This title may be cited as the “Congressional Subpoena Compliance and Enforcement Act”.
Division B — Restoring Checks and Balances, Accountability, and Transparency
B Restoring Checks and Balances, Accountability, and Transparency
XXI Enforcement of Congressional Subpoenas
Sec. 2102 Enforcement of congressional subpoenas
In general— Chapter 85 of title 28, United States Code, is amended by inserting after section 1365 the following:
“1365a. Congressional actions against subpoena recipients
“(a) Cause of action—The Senate, the House of Representatives, or a committee or subcommittee thereof, may bring a civil action against the recipient of a subpoena issued by a congressional committee or subcommittee to enforce compliance with the subpoena.
“(b) Special rules—In any civil action described in subsection (a), the following rules shall apply:
“(1) The action may be filed in a United States district court of competent jurisdiction.
“(2) Notwithstanding section 1657(a), it shall be the duty of every court of the United States to expedite to the greatest possible extent the disposition of any such action and appeal. Upon a showing by the plaintiff of undue delay, other irreparable harm, or good cause, a court to which an appeal of the action may be taken shall issue any necessary and appropriate writs and orders to ensure compliance with this paragraph.
“(3) If a three-judge court is expressly requested by the plaintiff in the initial pleading, the action shall be heard by a three-judge court convened pursuant to section 2284, and shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
“(4) The initial pleading shall be accompanied by certification that the party bringing the action has in good faith conferred or attempted to confer with the recipient of the subpoena to secure compliance with the subpoena without court action.
“(c) Penalties
“(1) Cases involving government agencies
“(A) In general—The court may impose monetary penalties directly against each head of a Government agency and the head of each component thereof held to have knowingly failed to comply with any part of a congressional subpoena, unless—
“(i) the President instructed the official not to comply; and
“(ii) the President, or the head of the agency or component thereof, submits to the court a letter confirming such instruction and the basis for such instruction.
“(B) Prohibition on use of government funds—No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or other Government funds shall be used to pay any monetary penalty imposed by the court pursuant to this paragraph.
“(2) Legal fees—In addition to any other penalties or sanctions, the court shall require that any defendant, other than a Government agency, held to have willfully failed to comply with any part of a congressional subpoena, pay a penalty in an amount equal to that party’s legal fees, including attorney’s fees, litigation expenses, and other costs. If such defendant is an officer or employee of a Government agency, such legal fees may be paid from funds appropriated to pay the salary of the defendant.
“(d) 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 105(b) of the Revised Statutes with respect to such information.
“(e) Rules of procedure—The Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure to ensure the expeditious treatment of actions described in subsection (a). Such rules shall be prescribed and submitted to the Congress pursuant to sections 2072, 2073, and 2074. 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 subcommittee. The Supreme Court shall transmit such rules to Congress within 6 months after the effective date of this section and then pursuant to section 2074 thereafter.
“(f) Definition—For purposes of this section, the term “Government agency” means any office or entity described in sections 105 and 106 of title 3, an executive department listed in section 101 of title 5, an independent establishment, commission, board, bureau, division, or office in the executive branch, or any other agency or instrumentality of the Federal Government, including wholly or partly owned Government corporations.”
Clerical amendment— The table of sections for chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1365 the following:
Sec. 2103 Compliance with congressional subpoenas
In general— Chapter 7 of title II of the Revised Statutes (2 U.S.C. 191 et seq.) is amended by adding at the end the following:
“105. Response to congressional subpoenas
“(a) Subpoena by congressional committee—Any recipient of any subpoena from a congressional committee or subcommittee shall appear and testify, produce, or otherwise disclose information in a manner consistent with the subpoena and this section.
“(b) Failure To produce information
“(1) Grounds for withholding information—Unless required by the Constitution of the United States or by Federal statute, no claim of privilege or protection from disclosure shall be a ground for withholding information responsive to the subpoena or required by this section.
“(2) Identification of information withheld—In the case of information that is withheld, in whole or in part, by the subpoena recipient, the subpoena recipient shall, without delay, provide a log containing the following:
“(A) An express assertion and description of the ground asserted for withholding the information.
“(B) The type of information.
“(C) The general subject matter.
“(D) The date, author, and addressee.
“(E) The relationship of the author and addressee to each other.
“(F) The custodian of the information.
“(G) Any other descriptive information that may be produced or disclosed regarding the information that will enable the congressional committee or subcommittee issuing the subpoena to assess the ground asserted for withholding the information.
“(c) Definition—For purposes of this section, the term “information” includes any books, papers, documents, data, or other objects requested in a subpoena issued by a congressional committee or subcommittee.”
Clerical amendment— The table of contents for chapter 7 of title II of the Revised Statutes is amended by adding at the end the following:
Sec. 2104 Rule of construction
Nothing in this title may be interpreted to limit or constrain Congress’ inherent authority or foreclose any other means for enforcing compliance with congressional subpoenas, nor may anything in this title be interpreted to establish or recognize any ground for noncompliance with a congressional subpoena.
Sec. 2105 Enforcement of requests for information from certain committees of Congress
Section 2954 of title 5, United States Code, is amended—
by striking “An Executive” and inserting “(a) Submitting information.—An Executive”; and
by adding at the end the following:
“(b) Failure To comply—For purposes of remedying any failure to comply with a request under subsection (a), section 1365a of title 28 and section 105 of the Revised Statutes shall apply to such a request in the same manner as such sections 1365a and 105 apply to a subpoena.”
XXII Reasserting Congressional Power of the Purse
Sec. 2201 Short title
This title may be cited as the “Congressional Power of the Purse Act”.
A Strengthening Congressional Control and Review To Prevent Impoundment
Sec. 2221 Strengthening congressional control
In general— Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.) is amended by adding at the end the following:
“1018. Prudent obligation of budget authority and specific requirements for expiring budget authority
“(a) 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 1012 or 1013, such budget authority—
“(1) shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013; and
“(2) may not be deferred or otherwise withheld from obligation during the 90-day period before the expiration of the period of availability of such budget authority, including, if applicable, the 90-day period before the expiration of an initial period of availability for which such budget authority was provided.
“(b) Administrative requirement—With respect to an apportionment of an appropriation (as that term is defined in section 1511 of title 31, United States Code) made pursuant to section 1512 of such title, an appropriation shall be apportioned—
“(1) to make available all amounts for obligation in sufficient time to be prudently obligated; and
“(2) to make available all amounts for obligation, without precondition (including footnotes) that shall be met prior to obligation, not later than 90 days before the expiration of the period of availability of such appropriation, including, if applicable, 90 days before the expiration of an initial period of availability for which such appropriation was provided.”
Clerical amendment— The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act is amended by inserting after the item relating to section 1017 the following:
Sec. 2222 Strengthening congressional review
In general— Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.), as amended by section 2221(a), is further amended by adding at the end the following:
“1019. Reporting on apportionment of appropriations by departments and agencies
“Each department or agency shall—
“(1) notify the Committee on the Budget and the Committee on Appropriations of the House of Representatives, the Committee on the Budget and the Committee on Appropriations of the Senate, and any other appropriate congressional committees if—
“(A) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code;
“(B) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or
“(C) an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by such department or agency; and
“(2) include in each notification under paragraph (1) information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.”
Clerical amendment— The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 2221(b), is further amended by inserting after the item relating to section 1018 the following:
Sec. 2223 Updated authorities for and reporting by the Comptroller General
in subsection (a), in the matter following paragraph (2), by striking the last sentence; and
by adding at the end the following:
“(c) Review
“(1) In general—The Comptroller General shall—
“(A) review compliance with this part; and
“(B) submit to the Committee on the Budget, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Budget, the Committee on Appropriations, and the Committee on Oversight and Government Reform of the House of Representatives, and any other appropriate congressional committee of the Senate or the House of Representatives a report, and any relevant information related to the report, on any noncompliance with this part.
“(2) Information, documentation, and views—The President or the head of the relevant department or agency of the United States shall provide information, documentation, and views to the Comptroller General, as is determined by the Comptroller General to be necessary to determine such compliance, not later than 20 days after the date on which the request from the Comptroller General is received, or if the Comptroller General determines that a shorter or longer period is appropriate based on the specific circumstances, within such shorter or longer period.
“(3) Access—To carry out the responsibilities of this part, the Comptroller General shall have access to interview the officers, employees, contractors, and other agents and representatives of a department, agency, or office of the United States at any reasonable time as the Comptroller General may request.”
Rule of construction— Section 1001 of the Impoundment Control Act of 1974 (2 U.S.C. 681) is amended—
in paragraph (3), by striking the “or” at the end of the paragraph;
in paragraph (4), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(5) affecting or limiting in any way the authorities provided to the Comptroller General under chapter 7 of title 31, United States Code.”
Sec. 2224 Advance congressional notification and litigation
Section 1016 of the Impoundment Control Act of 1974 (2 U.S.C. 687) is amended to read as follows:
“1016. Suits by Comptroller General
“(a) In general—If, under this title, budget authority is required to be made available for obligation and such budget authority is not made available for obligation or information, documentation, views, or access are required to be produced and such information, documentation, views, or access are not produced, the Comptroller General is expressly empowered, through attorneys selected by the Comptroller General, 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 information, documentation, views, or access to be produced.
“(b) Court authority—In a civil action under subsection (a), the court is expressly empowered to enter, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation or compel production of such information, documentation, views, or access.
“(c) Notice—No civil action shall be brought by the Comptroller General to require budget authority be made available under this section until the expiration of 15 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 Senate, except that expiration of such period shall not be required if the Comptroller General finds (and incorporates the finding in the explanatory statement filed) that such delay would be contrary to the public interest.”
Sec. 2225 Penalties for failure to comply with the Impoundment Control Act of 1974
In general— Part B of the Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.), as amended by section 2222(a), is further amended by adding at the end the following:
“1020. Penalties for failure to comply
“(a) Administrative discipline—An officer or employee of the Executive Branch of the United States Government violating this part shall be subject to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
“(b) Reporting violations
“(1) In general—In the event of a violation of section 1001, 1012, 1013, or 1018 of this part, or in the case that the Comptroller General issues a legal decision concluding that a department, agency, or office of the United States violated this part, the President or the head of the relevant department or agency as the case may be, shall report immediately to Congress all relevant facts and a statement of actions taken. 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 Congress.
“(2) Contents—Any such report shall include a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any individuals responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, and any written response by any officer or employee identified by position as involved in the violation. In the case that the Comptroller General issues a legal decision concluding that a department, agency, or office of the United States violated this part and the relevant department, agency, or office does not agree that a violation has occurred, the report provided to Congress, the Comptroller General, and relevant inspector general will explain the position of the department, agency, or office.
“(3) Opportunity to respond—If any such report identifies the position of any officer or employee as involved in the violation, such officer or employee shall be provided a reasonable opportunity to respond in writing, and any such response shall be appended to the report.”
Clerical amendment— The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 2222(b), is further amended by inserting after the item relating to section 1019 the following:
B Strengthening Transparency and Reporting
1 Funds Management and Reporting to the Congress
Sec. 2241 Expired balance reporting in the President’s budget
Section 1105(a) of title 31, United States Code, is amended by adding at the end the following:
“(39) for the budget for each of fiscal years 2027 through 2031, a report—
“(A) identifying unobligated expired balances as of the beginning of the current fiscal year and the beginning of each of the preceding 2 fiscal years by agency and the applicable Treasury Appropriation Fund Symbol or fund account; and
“(B) providing explanation of unobligated expired balances in any Treasury Appropriation Fund Symbol or fund account that exceed the lesser of 5 percent of total appropriations made available for that account or $100,000,000.”
Sec. 2242 Cancelled balance reporting in the President’s budget
Section 1105(a) of title 31, United States Code, as amended by section 2241, is further amended by adding at the end the following:
“(40) for the budget for each of fiscal years 2027 through 2031, a report—
“(A) identifying cancelled balances (pursuant to section 1552(a)) for the preceding 3 fiscal years by agency and Treasury Appropriation Fund Symbol or fund account;
“(B) providing explanation of cancelled balances in any Treasury Appropriation Fund Symbol or fund account that exceed the lesser of 5 percent of total appropriations made available for that account or $100,000,000; and
“(C) including a tabulation, by Treasury Appropriation Fund Symbol or fund account and appropriation, 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 1555, but for which either—
“(i) the head of the agency concerned or the President has determined that the purposes for which the appropriation was made have been carried out; or
“(ii) no disbursement has been made against the appropriation—
“(I) in the prior year and the preceding fiscal year; or
“(II) in the prior year and which the budget estimates zero disbursements in the current year.”
Sec. 2243 Lapse in appropriations—reporting in the President’s budget
Section 1105(a) of title 31, United States Code, as amended by section 2242, is further amended by adding at the end the following:
“(41) a report—
“(A) identifying any obligation or expenditure made by a department or agency affected in whole or in part by any lapse in appropriations of 5 consecutive days or more during the preceding fiscal year for which amounts were not available; and
“(B) with respect to any such obligation or expenditure, providing—
“(i) the amount so obligated or expended;
“(ii) the account affected;
“(iii) an explanation of the exception under subchapter III of chapter 13 or subchapter II of chapter 15 of this title, or another legal authority, that permitted the department or agency, as the case may be, to incur such obligation or expenditure; and
“(iv) an explanation of any change in the application of any exception under subchapter III of chapter 13 or subchapter II of chapter 15 of this title for a program, project, or activity from any explanations previously reported on pursuant to this paragraph.”
Sec. 2244 Transfer and other repurposing authority reporting in the President’s budget
Section 1105(a) of title 31, United States Code, as amended by section 2243, is further amended by adding at the end the following:
“(42) for the budget for fiscal year 2027, a report—
“(A) identifying any transfer authority or other authority to repurpose appropriations provided in a law other than an appropriation act; and
“(B) with respect to any such authority, providing the citation to the statute, the list of departments or agencies covered, an explanation of when such authority may be used, and an explanation on any use of such authority in the preceding 3 fiscal years.”
2 Empowering Congressional Review Through Nonpartisan Congressional Agencies and Transparency Initiatives
Sec. 2251 Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions
In general— Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following:
“722. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions
“(a) If an agency receives a written request for information, documentation, or views from the Comptroller General relating to a decision or opinion on budget or appropriations law, the agency shall provide the requested information, documentation, or views not later than 20 days after receiving the written request, unless such written request specifically provides otherwise.
“(b) If an agency fails to provide the requested information, documentation, or views within the time required by subsection (a)—
“(1) the Comptroller General shall notify, in writing, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and any other appropriate congressional committee of such failure;
“(2) the Comptroller General is hereby expressly empowered, through attorneys selected by the Comptroller General, to bring a civil action in the United States District Court for the District of Columbia to require such information, documentation, or views to be produced; and
“(3) the court in a civil action brought under paragraph (2) is expressly empowered to enter against any department, agency, officer, or employee of the United States any decree, judgment, or order which may be necessary or appropriate to require such production.
“(c) Nothing in this section shall be construed as affecting or otherwise limiting the authorities provided to the Comptroller General in section 716 of this title.”
Clerical amendment— The table of sections for subchapter II of chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 721 the following:
Sec. 2252 Reporting requirements for Antideficiency Act violations
by striking “If” and inserting “(a) If”;
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 1341(a) or 1342,” before “the head of the agency”;
by striking “the Comptroller General” and inserting “the Comptroller General and the Attorney General”; and
by adding at the end the following:
“(b) Any such report shall include a statement of the provision violated, a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any officer or employee responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, a statement of any determination that the violation was not knowing and willful that has been made by the executive agency or the District of Columbia government, and any written response by any officer or employee identified by position as involved in the violation. In the case that the Comptroller General issues a legal decision concluding that section 1341(a) or 1342 was violated and the executive agency or the District of Columbia government does not agree that a violation has occurred, the report provided to the President, the Congress, and the Comptroller General will explain the position of the executive agency or the District of Columbia government.”
in subsection (b)—
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 (a),” before “the head of the executive agency”; and
by striking “the Comptroller General” and inserting “the Comptroller General and the Attorney General”; and
by adding at the end the following:
“(c) Any such report shall include a statement of the provision violated, a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any officer or employee responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, a statement of any determination that the violation was not knowing and willful that has been made by the executive agency or the District of Columbia government, and any written response by any officer or employee identified by position as involved in the violation. In the case that the Comptroller General issues a legal decision concluding that subsection (a) was violated and the executive agency or the District of Columbia government does not agree that a violation has occurred, the report provided to the President, the Congress, and the Comptroller General will explain the position of the executive agency or the District of Columbia government.”
Sec. 2253 Department of Justice reporting to Congress for Antideficiency Act violations
by striking “An officer” and inserting “(a) An officer”; and
by adding at the end the following:
“(b)
“(1) If an executive agency or the District of Columbia government reports, under section 1351, a violation of section 1341(a) or 1342, the Attorney General shall promptly review such report and investigate to the extent necessary to determine whether there are reasonable grounds to believe that the responsible officer or employee knowingly and willfully violated such section 1341(a) or 1342, as applicable. If the Attorney General determines that there are such reasonable grounds, the Attorney General diligently shall investigate a criminal violation under this section.
“(2) The Attorney General shall submit to Congress and the Comptroller General on or before March 31 of each calendar year an annual report detailing separately for each executive agency and for the District of Columbia government—
“(A) the number of reports under section 1351 transmitted to the President during the preceding calendar year;
“(B) the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year;
“(C) without identification of any individual officer or employee, a description of each investigation undertaken in accordance with paragraph (1) during the preceding calendar year and an explanation of the status of any such investigation; and
“(D) without identification of any individual officer or employee, an explanation of any update to the status of any review or investigation previously reported pursuant to this paragraph.”
by striking “An officer” and inserting “(a) An officer”; and
by adding at the end the following:
“(b)
“(1) If an executive agency or the District of Columbia government reports, under section 1517(b), a violation of section 1517(a), the Attorney General shall promptly review such report and investigate to the extent necessary to determine whether there are reasonable grounds to believe that the responsible officer or employee knowingly and willfully violated such section 1517(a). If the Attorney General determines that there are such reasonable grounds, the Attorney General diligently shall investigate a criminal violation under this section.
“(2) The Attorney General shall submit to Congress and the Comptroller General on or before March 31 of each calendar year an annual report detailing separately for each executive agency and for the District of Columbia government—
“(A) the number of reports under section 1517(b) transmitted to the President during the preceding calendar year;
“(B) the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year;
“(C) without identification of any individual officer or employee, a description of each investigation undertaken in accordance with paragraph (1) during the preceding calendar year and an explanation of the status of any such investigation; and
“(D) without identification of any individual officer or employee, an explanation of any update to the status of any review or investigation previously reported pursuant to this subsection.”
Sec. 2254 Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel
Schedule of publication for final OLC opinions— Each final OLC opinion shall be made available on its public website in a manner that is searchable, sortable, and downloadable in its entirety as soon as is practicable, but—
not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act;
not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993;
not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981, and before or on January 19, 1993;
not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969, and before or on January 19, 1981; and
not later than 4 years after the date of enactment of this Act for all other opinions.
Exceptions and limitation on public availability of final OLC opinions—
In general— A final OLC opinion or part thereof may be withheld only to the extent—
information contained in the opinion was—
specifically authorized to be kept secret, under criteria established by an Executive order, in the interest of national defense or foreign policy;
properly classified, including all procedural and marking requirements, pursuant to such Executive order;
the Attorney General determines that the national defense or foreign policy interests protected outweigh the public’s interest in access to the information; and
put through declassification review within the past two years;
information contained in the opinion relates to the appointment of a specific individual not confirmed to Federal office;
information contained in the opinion is specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), if such statute—
requires that the material be withheld in such a manner as to leave no discretion on the issue; or
establishes particular criteria for withholding or refers to particular types of material to be withheld;
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 obtained;
the President, in his or her sole and nondelegable determination, 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 law; or
information in the opinion includes personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
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 General. The determination shall be—
in writing;
made available to the public within the same timeframe as is required of a formal OLC opinion;
sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and
effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public.
Final opinions— For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion shall be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. A notation shall be included in any published list of final OLC opinions regarding the extent of the withholdings.
No limitation on freedom of information— Nothing in this subsection shall be construed as limiting the availability of information under section 552 of title 5, United States Code or construed as an exemption under paragraph (3) of subsection (b) of such section.
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 information.
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 section. The amount of information withheld, and the exemption under which the withholding is made, shall be indicated on the released portion of the opinion, unless including that indication would harm an interest protected by the exemption in this paragraph under which the withholding is made. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made.
Method of publication— The Attorney General shall publish each final OLC opinion to the extent the law permits, including by publishing the opinions on a publicly accessible website that—
with respect to each opinion—
contains an electronic copy of the opinion, including any transmittal letter associated with the opinion, in an open format that is platform independent and that is available to the public without restrictions;
provides the public the ability to retrieve an opinion, to the extent practicable, through searches based on—
the title of the opinion;
the date of publication or revision; or
the full text of the opinion;
identifies the time and date when the opinion was required to be published, and when the opinion was transmitted for publication; and
provides a permanent means of accessing the opinion electronically;
includes a means for bulk download of all final OLC opinions or a selection of opinions retrieved using a text-based search;
provides free access to the opinions, and does not charge a fee, require registration, or impose any other limitation in exchange for access to the website; and
is capable of being upgraded as necessary to carry out the purposes of this section.
Definitions— In this section:
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 agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511–513 of title 28, United States Code, and relating to—
subtitle II, III, V, or VI of title 31, United States Code;
the Balanced Budget and Emergency Deficit Control Act of 1985;
the Congressional Budget and Impoundment Control Act of 1974; or
any appropriations Act, continuing resolution, or other provision of law providing or governing appropriations or budget authority.
Final OLC opinion— The term “final OLC opinion” means an OLC opinion that—
the Attorney General, Assistant Attorney General for the Office of Legal Counsel, or a Deputy Assistant Attorney General for the Office of Legal Counsel, has determined is final; or
is cited in another Office of Legal Counsel opinion.
Sec. 2255 Treatment of requests for information from Members of Congress
Section 552(d) of title 5, United States Code (commonly known as the “Freedom of Information Act”), is amended, in the second sentence, by inserting “or any Member of Congress” before the period at the end.
C Strengthening Congressional Role in and Oversight of Emergency Declarations and Designations
Sec. 2261 Improving checks and balances on the use of the National Emergencies Act
Requirements relating to declaration and renewal of national emergencies— Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by striking sections 201 and 202 and inserting the following:
“201. Declarations of national emergencies
“(a) Authority To declare national emergencies—With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register.
“(b) Specification of provisions of law To be exercised and reporting—No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in—
“(1) a proclamation declaring a national emergency under subsection (a); or
“(2) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress.
“(c) Prohibition on subsequent actions if emergencies not approved
“(1) Subsequent declarations—If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the period described in section 202(a), or with respect to a national emergency proposed to be renewed under section 202(b), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to substantially the same circumstances.
“(2) Exercise of authorities—If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President under subsection (b) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency.
“(d) Effect of future laws—No law enacted after the date of the enactment of the Protecting Our Democracy Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.
“(e) Limitations
“(1) In general—Any emergency powers invoked by the President pursuant to a national emergency declared under this section shall relate to the nature of, and may be used only to address, that emergency.
“(2) 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 program, project, or activity for which Congress, on or after the date of the events giving rise to the emergency declaration, has withheld authorization or funding.
“202. Effective periods of national emergencies
“(a) Temporary effective periods
“(1) In general—Unless previously terminated pursuant to a proclamation of the President or an Act of Congress under subsection (c), a declaration of a national emergency shall remain in effect for 20 session days, in the case of the Senate, and 20 legislative days, in the case of the House, from the issuance of the proclamation under section 201(a) (not counting the day on which the proclamation was issued) and shall terminate when that period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation.
“(2) Exercise of powers and authorities—Unless the declaration of national emergency has been terminated pursuant to a proclamation of the President or an Act of Congress under subsection (c), any emergency power or authority made available under a provision of law specified pursuant to section 201(b) may be exercised pursuant to a declaration of a national emergency for 20 session days, in the case of the Senate, and 20 legislative days, in the case of the House, from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). That power or authority may not be exercised after that period expires unless there is enacted into law a joint resolution of approval under section 203 approving—
“(A) the proclamation of the national emergency or the Executive order; and
“(B) the exercise of the power or authority specified by the President in such proclamation or Executive order.
“(b) Renewal of national emergencies—A national emergency declared by the President under section 201(a) or previously renewed under this subsection, and not already terminated pursuant to subsection (a) or (c), shall terminate on the date that is one year after the President transmitted to Congress the proclamation declaring the emergency or the enactment of a previous renewal pursuant to this subsection, unless—
“(1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and
“(2) there is enacted into law a joint resolution of approval renewing the emergency pursuant to section 203 before the termination of the emergency or previous renewal of the emergency.
“(c) Termination of national emergencies
“(1) In general—Any national emergency declared by the President under section 201(a) shall terminate on the earliest of—
“(A) the date provided for in subsection (a);
“(B) the date provided for in subsection (b);
“(C) the date specified in an Act of Congress, including a joint resolution of termination under section 203, terminating the emergency; or
“(D) the date specified in a proclamation of the President terminating the emergency.
“(2) Effect of termination—Effective on the date of the termination of a national emergency under paragraph (1)—
“(A) any powers or authorities exercised by reason of the emergency shall cease to be exercised;
“(B) any amounts reprogrammed, repurposed, 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 appropriated; and
“(C) any contracts entered into under any provision of law relating to the emergency shall be terminated.
“203. Review by Congress of national emergencies
“(a) Joint resolution of approval defined—In this section, the term “joint resolution of approval” means a joint resolution that does not have a preamble and that contains only the following provisions after its resolving clause:
“(1) A provision approving one or more—
“(A) proclamations declaring national emergencies under section 201(a);
“(B) Executive orders issued under section 201(b)(2); or
“(C) Executive orders issued under section 202(b).
“(2) A provision approving a list of all or a portion of the provisions of law specified by the President under section 201(b) in the proclamations or Executive orders that are the subject of the joint resolution.
“(b) Joint resolution of termination defined—In this section, the term “joint resolution of termination” means a resolution introduced in the House or Senate to terminate—
“(1) a national emergency declared under section 201; or
“(2) the exercise of any authorities pursuant to that emergency.
“(c) Procedures for consideration of joint resolutions of approval and joint resolutions of termination
“(1) Introduction—After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order specifying emergency powers or authorities under section 201(b)(2) or renewing a national emergency under section 202(b), a joint resolution of approval or joint resolution of termination may be introduced in either House of Congress by any member of that House.
“(2) Consideration in Senate—In the Senate, the following shall apply:
“(A) Committee referral—A joint resolution of approval or joint resolution of termination shall be referred to the appropriate committee or committees.
“(B) 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 10 calendar days after its introduction, that committee shall be discharged from further consideration of the resolution and it shall be placed on the calendar.
“(C) Proceeding to consideration—Notwithstanding Rule XXII of the Standing Rules of the Senate, when a committee to which a joint resolution of approval or joint resolution of termination is referred has reported the resolution, or when that committee is discharged under subparagraph (B) from further consideration of the resolution, it is at any time thereafter in order to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against the motion to proceed to the consideration of the joint resolution) are waived. The motion to proceed shall be debatable for 4 hours evenly divided between proponents and opponents of the joint resolution of approval or joint resolution of termination. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution of approval or joint resolution of termination is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
“(D) Floor consideration—There shall be 10 hours of consideration on a joint resolution of approval or joint resolution of termination, to be divided evenly between the proponents and opponents of the joint resolution. Of that 10 hours, there shall be a total of 2 hours of debate on any debatable motions in connection with the joint resolution, to be divided evenly between the proponents and opponents of the joint resolution.
“(E) Amendments—No amendments shall be in order with respect to a joint resolution of approval or joint resolution of termination in the Senate.
“(F) Motion to reconsider vote on passage—A motion to reconsider a vote on passage of a joint resolution of approval or joint resolution of termination shall not be in order.
“(G) Appeals—Points of order and appeals from the decision of the Presiding Officer shall be decided without debate.
“(3) Consideration in House of Representatives—In the House of Representatives, the following shall apply:
“(A) 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 resolution.
“(B)
“(i) 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 thereof, it shall be in order to move to proceed to consider the joint resolution of approval or joint resolution of termination in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of another motion to proceed on the joint resolution of approval or joint resolution of termination. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
“(ii) Motion—A motion to proceed to the consideration of a joint resolution of approval of an Executive order described in subsection (a)(1) or a list described in subsection (a)(2) shall not be in order before the enactment of a joint resolution of approval of the proclamation described in subsection (a)(1) that is the subject of such Executive order or list.
“(C) Consideration—The joint resolution of approval or joint resolution of termination shall be considered as read. All points of order against the joint resolution of approval or joint resolution of termination and against its consideration are waived. 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 (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution of approval or joint resolution of termination shall not be in order.
“(4) Coordination with action by other house
“(A) In general—If, before the passage by one House of a joint resolution of approval or joint resolution of termination of that House, that House receives from the other House a joint resolution of approval or joint resolution of termination with regard to the same proclamation or Executive order, then the following procedures shall apply:
“(i) The joint resolution of approval or joint resolution of termination of the other House shall not be referred to a committee.
“(ii) With respect to a joint resolution of approval or joint resolution of termination of the House receiving the joint resolution—
“(I) 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 House; but
“(II) the vote on passage shall be on the joint resolution of approval or joint resolution of termination of the other House.
“(iii) Upon the failure of passage of the joint resolution of approval or joint resolution of termination of the other House, the question shall immediately occur on passage of the joint resolution of approval or joint resolution of termination of the receiving House.
“(B) Treatment of legislation of other house—If one House fails to introduce a joint resolution of approval or joint resolution of termination under this section, the joint resolution of approval or joint resolution of termination of the other House shall be entitled to expedited floor procedures under this section.
“(C) 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 measure.
“(5) Treatment of veto message—Debate on a veto message in the Senate under this section shall be 1 hour evenly divided between the majority and minority leaders or their designees.
“(d) Rule of construction—The enactment of a joint resolution of approval or joint resolution of 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 President.
“(e) Rules of the House and Senate—This section is enacted by Congress—
“(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of joint resolutions described in this section, and supersedes other rules only to the extent that it is inconsistent with such other rules; and
“(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.”
Reporting requirements— Section 401 of the National Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the following:
“(d) Report on emergencies—The President shall transmit to Congress, with any proclamation declaring a national emergency under section 201(a) or any Executive order specifying emergency powers or authorities under section 201(b)(2) or renewing a national emergency under section 202(b), a report, in writing, that includes the following:
“(1) A description of the circumstances necessitating the declaration of a national emergency, the renewal of such an emergency, or the use of a new emergency power or authority specified in the Executive order, as the case may be.
“(2) The estimated duration of the national emergency, or a statement that the duration of the national emergency cannot reasonably be estimated at the time of transmission of the report.
“(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds and any contracts anticipated to be entered into, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency.
“(4) In the case of a renewal of a national emergency, a summary of the actions the President or other officers have taken in the preceding one-year period, including any reprogramming or transfer of funds, to address the emergency.
“(e) 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 II.
“(f) Periodic reports on status of emergencies—If the President declares a national emergency under section 201(a), the President shall, not less frequently than every 90 days for the duration of the emergency, report to Congress on the status of the emergency and the actions the President or other officers have taken and authorities the President and such officers have relied on in addressing the emergency.”
Exclusion of imposition of duties and import quotas from presidential authorities under International Emergency Economic Powers Act— Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
“(c)
“(1) The authority granted to the President by this section does not include the authority to impose duties or tariff-rate quotas or (subject to paragraph (2)) other quotas on articles entering the United States.
“(2) The limitation under paragraph (1) does not prohibit the President from excluding all articles imported from a country from entering the United States.”
Conforming amendment— Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed.
Effective date; applicability—
In general— Except as provided in paragraph (2), 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 201 of the National Emergencies Act on or after that date.
Applicability to renewals of existing emergencies— When a national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act would expire or be renewed under section 202(d) of that Act (as in effect on the day before such date of enactment), that national emergency shall be subject to the requirements for renewal under section 202(b) of that Act, as amended by subsection (a).
Sec. 2262 National Emergencies Act declaration spending reporting in the President’s budget
Section 1105(a) of title 31, United States Code, as amended by section 2244, is further amended by adding at the end the following:
“(43)
“(A) a report on the proposed, planned, and actual obligations and expenditures of funds (for the prior fiscal year, the current fiscal year, and the fiscal years for which the budget is submitted) attributable to the exercise of powers and authorities made available by statute for each national emergency declared by the President, currently active or in effect during the applicable fiscal years.
“(B) Obligations and expenditures contained in the report under subparagraph (A) shall be organized by Treasury Appropriation Fund Symbol or fund account and by program, project, and activity, and include—
“(i) a description of each such program, project, and activity;
“(ii) the authorities under which such funding actions are taken; and
“(iii) the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency.
“(C) Such report shall include, with respect to any transfer, reprogramming, or repurposing of funds to address the applicable national emergency—
“(i) the amount of such transfer, reprogramming, or repurposing;
“(ii) the authority authorizing each such transfer, reprogramming, or repurposing; and
“(iii) a description of programs, projects, and activities affected by such transfer, reprogramming, or repurposing, including by a reduction in funding.”
Sec. 2263 Disclosure to Congress of presidential emergency action documents
In general— Not later than 30 days after the conclusion of the process for approval, adoption, or revision of any presidential emergency action document, the President shall submit that document to the appropriate congressional committees.
Documents in existence before date of enactment— Not later than 15 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees all presidential emergency action documents in existence before such date of enactment.
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees, with respect to a presidential emergency action document submitted under subsection (a) or (b), means—
the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate;
the Committee on Oversight and Government Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and
any other committee of the Senate or the House of Representatives with jurisdiction over the subject matter addressed in the presidential emergency action document.
Presidential emergency action document— The term presidential emergency action document refers to—
each of the approximately 56 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 2018; and
any other precoordinated legal document in existence before, on, or after the date of the enactment of this Act, that—
is designated as a presidential emergency action document; or
is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes.
Sec. 2264 Congressional designations
Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended—
in clause (i), by striking “and the President subsequently so designates”; and
in clause (ii), by striking “and the President subsequently so designates”.
XXIII Security From Political Interference in Justice
Sec. 2301 Short title
This title may be cited as the “Security from Political Interference in Justice Act”.
Sec. 2302 Definitions
In this title:
Communications log— The term communications log means the log required to be maintained under section 2303(a).
Covered communication—
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 (regardless of whether a civil action or criminal indictment or information has been filed).
Exceptions— The term covered communication does not include a communication that is any of the following:
A communication that involves contact between the President, the Vice President, the Counsel to the President, or the Principal Deputy Counsel to the President, and the Attorney General, the Deputy Attorney General, or the Associate Attorney General, 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 following:
The President, the Vice President, a President-elect, a Vice President-elect, a former President, a former Vice President, or a member of the immediate family of the President or Vice President.
Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code.
The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President.
A communication that involves contact between an officer or employee of the Department of Justice and an officer or employee of the Executive Office of the President on a particular matter, if any of the President, the Vice President, the Counsel to the President, or the Principal Deputy Counsel to the President, and if any of the Attorney General, the Deputy Attorney General, or the Associate Attorney General, have designated a subordinate to carry on such contact, and the person so designating monitors all subsequent communications and the person designated keeps the designating person informed of each such communication, 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 following:
The President, the Vice President, a President-elect, a Vice President-elect, a former President, a former Vice President, or a member of the immediate family of the President or Vice President.
Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code.
The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President.
A communication that involves contact from or to the Deputy Counsel to the President for National Security Affairs, the staff of the National Security Council, or the staff of the Homeland Security Council that relates to a national security matter, except to the extent that the communication concerns a pending civil or criminal action that may have national security implications.
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 matters.
A communication that relates solely to policy, appointments, legislation, rulemaking, budgets, public relations or affairs, programmatic matters, intergovernmental relations, administrative or personnel matters, appellate litigation, or requests for legal advice.
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—
is related by blood, marriage, or adoption; or
stands in loco parentis.
President-elect— The term President-elect means any person who is an apparent successful candidate for the office of President, as determined under section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88–277) and has not yet assumed the office of President.
Vice President-elect— The term Vice President-elect means any person who is an apparent successful candidate for the office of Vice President, as determined under section 3(c) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88–277) and has not yet assumed the office of Vice President.
Sec. 2303 Communications logs
In general— The Attorney General shall maintain a log of covered communications.
Contents— A communications log shall include, with respect to a covered communication—
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 communication;
the topic of the covered communication; and
a statement describing the purpose and necessity of the covered communication.
Oversight—
Periodic disclosure of logs— Not later than January 30, April 30, July 30, and October 30 of each year, the Attorney General shall submit to the Office of the Inspector General of the Department of Justice a report containing the communications log for the 3-month period preceding that January, April, July, or October.
Notice of inappropriate or improper communications— The Office of the Inspector General of the Department of Justice shall—
review each communications log received under paragraph (1); and
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—
is inappropriate from a law enforcement perspective; or
raises concerns about improper political interference.
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 section.
Sec. 2304 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 title.
XXIV Protecting Whistleblowers
Sec. 2401 Short title
This title may be cited as the “Whistleblower Protection Improvement Act”.
A Whistleblower Protection Improvement
Sec. 2421 Additional whistleblower protections
Investigations as personnel actions—
In general— Section 2302(a)(2)(A) of title 5, United States Code, is amended—
in clause (xi), by striking “and” at the end;
by redesignating clause (xii) as clause (xiii); and
by inserting after clause (xi) the following:
“(xii) for purposes of subsection (b)(8)—
“(I) the commencement, expansion, or extension of an investigation, but not including any investigation that is ministerial or nondiscretionary (including a ministerial or nondiscretionary investigation described in section 1213) 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 General; and
“(II) a referral to an Inspector General of an entity of the Government, except for a referral that is ministerial or nondiscretionary; and”
Application— The amendment made by paragraph (1) shall apply to any investigation commenced, expanded, or extended, or to any referral made, as described in clause (xii) of section 2302(a)(2)(A) of title 5, United States Code, as amended by that paragraph, on or after the date of enactment of this Act.
Right To petition Congress—
In general— Section 2302(b)(9) of title 5, United States Code, is amended—
in subparagraph (C), by striking “or” at the end;
in subparagraph (D), by adding “or” after the semicolon at the end; and
by adding at the end the following:
“(E) the exercise of any right protected under section 7211;”
Application— The amendment made by paragraph (1) shall apply to the exercise of any right described in subparagraph (E) of section 2302(b)(9) of title 5, United States Code, as added by that paragraph, occurring on or after the date of enactment of this Act.
Prohibition on disclosure of whistleblower identity—
In general— Section 2302 of title 5, United States Code, is amended by adding at the end the following:
“(g)
“(1) No employee of an agency may willfully communicate or transmit to any individual who is not an officer or employee of the Government the identity of, or personally identifiable information about, any other employee because that other employee has made, or is suspected to have made, a disclosure protected by subsection (b)(8), unless—
“(A) the other employee provides express written consent before the communication or transmission of the identity or personally identifiable information of that other employee;
“(B) the communication or transmission is made in accordance with the provisions of section 552a;
“(C) the communication or transmission is made to a lawyer for the sole purpose of providing legal advice to an employee accused of whistleblower retaliation; or
“(D) the communication or transmission is required or permitted by any other provision of law.
“(2) In this subsection, the term officer or employee of the Government means—
“(A) the President;
“(B) a Member of Congress;
“(C) a member of the uniformed services;
“(D) an employee, as that term is defined in section 2105, including an employee of the United States Postal Service, the Postal Regulatory Commission, or the Department of Veterans Affairs (including any employee appointed pursuant to chapter 73 or 74 of title 38); and
“(E) any other officer or employee in any branch of the Government of the United States.”
Application— The amendment made by paragraph (1) shall apply to any transmission or communication described in subsection (g) of section 2302 of title 5, United States Code, as added by paragraph (1), made on or after the date of enactment of this Act.
Right To petition Congress—
In general— Section 7211 of title 5, United States Code, is amended to read as follows:
“7211. Employees’ right to petition or furnish information or respond to Congress
“(a) In general—Each officer or employee of the Federal Government, individually or collectively, has a right to—
“(1) petition Congress or a Member of Congress;
“(2) furnish information, documents, or testimony to either House of Congress, any Member of Congress, or any committee or subcommittee of Congress; or
“(3) respond to any request for information, documents, or testimony from either House of Congress or any Committee or subcommittee of Congress.
“(b) Prohibited actions—No officer or employee of the Federal Government may interfere with or deny the right under subsection (a), including by—
“(1) prohibiting or preventing, or attempting or threatening to prohibit or prevent, any other officer or employee of the Federal Government from engaging in activity protected under subsection (a); or
“(2) removing, suspending from duty without pay, demoting, reducing in rank, seniority, status, pay, or performance or efficiency rating, denying promotion to, relocating, reassigning, transferring, disciplining, or discriminating in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempting or threatening to commit any of the foregoing actions, because the other officer or employee engaged in activity protected under subsection (a).
“(c) Application—This section shall not be construed to authorize disclosure of any information that is—
“(1) specifically prohibited from disclosure by any other provision of Federal law; or
“(2) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs, unless disclosure is otherwise authorized by law.
“(d) Definition of officer or employee of the federal government—For purposes of this section, the term officer or employee of the Federal Government includes—
“(1) the President;
“(2) a Member of Congress;
“(3) a member of the uniformed services;
“(4) an employee (as that term is defined in section 2105);
“(5) an employee of the United States Postal Service or the Postal Regulatory Commission; and
“(6) an employee appointed under chapter 73 or 74 of title 38.”
Clerical amendment— The table of sections for subchapter II of chapter 72 of title 5, United States Code, is amended by striking the item related to section 7211 and inserting the following:
Sec. 2422 Enhancement of whistleblower protections
Disclosures relating to officers or employees of an Office of Inspector General— Section 1213(c) of title 5, United States Code, is amended by adding at the end the following:
“(3) If the information transmitted under this subsection disclosed a violation of law, rule, or regulation, or gross waste, gross mismanagement, abuse of authority, or a substantial and specific danger to public health or safety, by any officer or employee of an Office of Inspector General, the Special Counsel may refer the matter to the Council of the Inspectors General on Integrity and Efficiency, which shall comply with the standards and procedures applicable to investigations and reports under this subsection.”
Retaliatory referrals to inspectors general— Section 1214(d) of title 5, United States Code, is amended by adding at the end the following:
“(3) In any case in which the Special Counsel 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 2302(b)(8) or in retaliation for exercising a right described in section 2302(b)(9)(A)(i), the Special Counsel shall transmit that finding in writing to the Inspector General within 7 days of making the finding. The Inspector General shall 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 retaliatory.”
Ensuring timely relief—
Individual right of action— Section 1221 of title 5, United States Code, is amended by striking “section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D),” each place that term appears and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g),”.
Stays— Section 1221(c)(2) of title 5, United States Code, is amended to read as follows:
“(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board—
“(A) determines that there is a substantial likelihood that protected activity was a contributing factor to the personnel action involved; or
“(B) otherwise determines that such a stay would be appropriate.”
Appeal of stay— Section 1221(c) of title 5, United States Code, is amended by adding at the end the following:
“(4) If any stay requested under paragraph (1) is denied, the employee, former employee, or applicant for employment may, within 7 days after receiving notice of the denial, file an appeal for expedited review by the Board. The agency shall have 7 days thereafter to respond. The Board shall provide a decision not later than 21 days after receiving the appeal. During the period of appeal, both parties may supplement the record with information unavailable to them at the time the stay was first requested.”
Access to district court; jury trials—
In general— Section 1221(i) of title 5, United States Code, is amended—
by striking “(i) Subsections” and inserting “(i)(1) Subsections”; and
by adding at the end the following:
“(2)
“(A) If, in the case of an employee, former employee, or applicant for employment who seeks corrective action from the Merit Systems Protection Board based on an alleged prohibited personnel practice described in section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no final order or decision is issued by the Board within 180 days after the date on which a request for such corrective action has been duly submitted to the Board, such employee, former employee, or applicant may, after providing written notice to the Special Counsel and the Board and only within 20 days after providing such notice, bring an action for review de novo before the appropriate United States district court, and such action shall, at the request of either party to such action, be tried before a jury. Upon filing of an action with the appropriate United States district court, any proceedings before the Board shall cease and the employee, former employee, or applicant for employment waives any right to refile with the Board.
“(B) If the Board certifies (in writing) to the parties of a case that the complexity of such case requires a longer period of review, subparagraph (A) shall be applied by substituting “240 days” for “180 days”.
“(C) In any such action brought before a United States district court under subparagraph (A), the court—
“(i) shall apply the standards set forth in subsection (e); and
“(ii) may award any relief that the court considers appropriate, including any relief described in subsection (g).”
Application—
In general— The amendments made by subparagraph (A) shall apply to any corrective action duly submitted to the Merit Systems Protection Board, during the 5-year period preceding the date of enactment of this Act, by an employee, former employee, or applicant for employment based on an alleged prohibited personnel practice described in section 2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D), or 2302(b)(13) of title 5, United States Code, with respect to which no final order or decision has been issued by the Board.
Limitation— In the case of an individual described in clause (i) whose duly submitted claim to the Merit Systems Protection Board was made not later than 180 days before the date of enactment of this Act, such individual may only bring an action before a United States district court as described in paragraph (2) of section 1221(i) of title 5, United States Code, (as added by subparagraph (A)) if that individual—
provides written notice to the Office of Special Counsel and the Merit Systems Protection Board not later than 90 days after the date of enactment of this Act; and
brings such action not later than 20 days after providing such notice.
Recipients of whistleblower disclosures— Section 2302(b)(8)(B) of title 5, United States Code, is amended by striking “or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures” and inserting “the Inspector General of an agency, a supervisor in the employee’s direct chain of command up to and including the head of the employing agency, or to an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures”.
Attorney fees—
In general— Section 7703(a) of title 5, United States Code, is amended by adding at the end the following:
“(3) If an employee, former employee, or applicant for employment is the prevailing party under a proceeding brought under this section, the employee, former employee, or applicant for employment shall be entitled to attorney fees for all representation carried out pursuant to this section. In such an action for attorney fees, the agency responsible for taking the personnel action shall be the respondent and shall be responsible for paying the fees.”
Application— In addition to any proceeding brought by an employee, former employee, or applicant for employment on or after the date of enactment of this Act in a court of the United States under section 7703 of title 5, United States Code, the amendment made by paragraph (1) shall apply to any proceeding brought by an employee, former employee, or applicant for employment under such section 7703 before the date of enactment of this Act with respect to which the applicable court has not issued a final decision.
Extending Whistleblower Protection Act to certain employees—
In general— Section 2302(a)(2)(A) of title 5, United States Code, is amended, in the matter following clause (xiii), as so redesignated by this title—
by inserting “subsection (b)(9)(A)(i), (B), (C), (D), or (E), subsection (b)(13), or subsection (g),” after “subsection (b)(8),”; and
by inserting after “title 31” the following: “, a fellow or intern at an agency, a commissioned officer or applicant for employment in the Public Health Service, an officer or applicant for employment in the commissioned officer corps of the National Oceanic and Atmospheric Administration, or a noncareer appointee in the Senior Executive Service”.
Conforming amendments— Section 261 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071) is amended—
in subsection (a)—
by striking paragraph (8); and
by redesignating paragraphs (9) through (26) as paragraphs (8) through (25), respectively; and
in subsection (b), by striking the second sentence.
Application—
In general— With respect to an officer or applicant for employment in the commissioned officer corps of the National Oceanic and Atmospheric Administration, the amendments made by paragraphs (1) and (2) shall apply to any personnel action taken against such officer or applicant on or after December 23, 2020, for making any disclosure protected under section 2302(b)(8) of title 5, United States Code.
Exception— Subparagraph (A) shall not apply to any personnel action with respect to which an allegation has been submitted pursuant to section 1034 of title 10, United States Code, and a final decision has been made regarding such allegation under subsection (h) of such section.
Definitions— In this paragraph, the terms disclosure and personnel action have the meanings given those terms in section 2302(a) of title 5, United States Code.
Relief—
In general— Section 7701(b)(2)(A) of title 5, United States Code, is amended, in the matter preceding clause (i), by striking “upon the making of the decision” and inserting “upon the making of the decision, necessary to make the employee whole as if there had been no prohibited personnel practice, including training, seniority, and promotions consistent with the employee’s prior record”.
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 7701 of title 5, United States Code, the amendment made by paragraph (1) 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 decision.
Sec. 2423 Classifying certain furloughs as adverse personnel actions
in paragraph (4), by striking “and” at the end; and
by striking paragraph (5) and inserting the following:
“(5) a furlough of more than 14 days but less than 30 days; and
“(6) a furlough of 13 days or less that is not due to a lapse in appropriations;”
Application— The amendment made by subsection (a) shall apply to any furlough covered by paragraph (5) or (6) of section 7512 of title 5, United States Code (as amended by such subsection (a)), occurring on or after the date of enactment of this Act.
Sec. 2424 Codification of protections for disclosures of censorship related to research, analysis, or technical information
In general— Section 2302 of title 5, United States Code, as amended by this title, is further amended by adding at the end the following:
“(h)
“(1) In this subsection—
“(A) the term applicant means an applicant for a covered position;
“(B) the term censorship related to research, analysis, or technical information means any effort to distort, misrepresent, or suppress research, analysis, or technical information; and
“(C) the term employee means an employee in a covered position in an agency.
“(2) Any disclosure of information by an employee or applicant that the employee or applicant reasonably believes is evidence of censorship related to research, analysis, or technical information—
“(A) shall come within the protections of subsection (b)(8)(A) if—
“(i) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause—
“(I) any violation of law, rule, or regulation; or
“(II) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and
“(ii) the disclosure is 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 affairs; and
“(B) shall come within the protections of subsection (b)(8)(B) if—
“(i) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause—
“(I) any violation of law, rule, or regulation; or
“(II) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and
“(ii) the disclosure is made to the Special Counsel, or to the Inspector General of an agency or another person designated by the head of the agency to receive the disclosure, consistent with the protection of sources and methods.
“(3) A disclosure shall not be excluded from paragraph (2) for any reason described in paragraph (1) or (2) of subsection (f).
“(4) Nothing in this subsection shall be construed to imply any limitation on the protections of employees and applicants afforded by any other provision of law, including protections with respect to any disclosure of information believed to be evidence of censorship related to research, analysis, or technical information.”
Repeal—
In general— Section 110 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is repealed.
Rule of construction— Nothing in this subsection shall be construed to limit or otherwise affect any action under section 110 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) commenced before the date of enactment of this Act or any protections afforded by that section with respect to that action.
Sec. 2425 Title 5 technical and conforming amendments
Title 5, United States Code, is amended—
in section 1212(h), by striking “or (9)” each place that term appears and inserting “, (b)(9), (b)(13), or (g)”;
in section 1214—
in subsections (a) and (b), by striking “section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D)” each place that term appears and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”; and
in subsection (i), by striking “section 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9)” and inserting “section 2302(b)(8), subparagraph (A)(i), (B), (C), (D), or (E) of section 2302(b)(9), section 2302(b)(13), or section 2302(g)”;
in section 1215(a)(3)(B), by striking “section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)” each place that term appears and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”;
in section 2302—
in subsection (a)—
in paragraph (1), by inserting “or (g)” after “subsection (b)”; and
in paragraph (2)(C)(i), by striking “subsection (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D)” and inserting “subsection (b)(8), (b)(9)(A)(i), (B), (C), (D), or (E), (b)(13), or (g)”; and
in subsection (c)(1)(B), by striking “paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b)” and inserting “subsection (b)(8), subparagraph (A)(i), (B), (C), or (D) of subsection (b)(9), subsection (b)(13), or subsection (g)”;
in section 7515(a)(2), by striking “paragraph (8), (9), or (14) of section 2302(b)” and inserting “paragraph (8), (9), (13), or (14) of section 2302(b) or section 2302(g)”;
in section 7701(c)(2)(B), by striking “section 2302(b)” and inserting “subsection (b) or (g) of section 2302”; and
in section 7703(b)(1)(B), by striking “section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)” and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”.
B Whistleblowers of the intelligence community
Sec. 2441 Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints
In general— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding at the end the following new title:
“XII Matters regarding Inspectors General of elements of the intelligence community
“1202. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints
“(a) Whistleblower disclosure information defined—In this section, the term whistleblower disclosure information means, with respect to a whistleblower disclosure—
“(1) the disclosure;
“(2) confirmation of the fact of the existence of the disclosure; or
“(3) the identity, or other identifying information, of the whistleblower who made the disclosure.
“(b) 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 misconduct, unless—
“(1) the whistleblower consented, in writing, to such sharing before the sharing occurs;
“(2) a covered Inspector General to whom such disclosure is made—
“(A) determines that such sharing is necessary to advance an investigation, audit, inspection, review, or evaluation by the Inspector General; and
“(B) notifies the whistleblower of such sharing before the sharing occurs; or
“(3) an attorney for the Federal Government—
“(A) determines that such sharing is necessary to advance an investigation by the attorney; and
“(B) notifies the whistleblower of such sharing before the sharing occurs.”
Technical and clerical amendments—
Transfer— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended as follows:
Section 1104 (50 U.S.C. 3234) is—
transferred to title XII of such Act, as added by subsection (a);
inserted before section 1202 of such Act, as added by such subsection; and
redesignated as section 1201.
Section 1106 (50 U.S.C. 3236) is—
amended by striking “section 1104” each place it appears and inserting “section 1201”;
transferred to title XII of such Act, as added by subsection (a);
inserted after section 1202 of such Act, as added by such subsection; and
redesignated as section 1203.
Clerical amendments— The table of sections at the beginning of the National Security Act of 1947 is amended—
by striking the items relating to section 1104 and section 1106; and
by adding after the items relating to title XI the end the following new items:
Definitions— Section 3 of such Act (50 U.S.C. 3003) is amended by adding at the end the following new paragraphs:
“(8) The term covered Inspector General means each of the following:
“(A) The Inspector General of the Intelligence Community.
“(B) The Inspector General of the Central Intelligence Agency.
“(C) The Inspector General of the Defense Intelligence Agency.
“(D) The Inspector General of the National Reconnaissance Office.
“(E) The Inspector General of the National Geospatial-Intelligence Agency.
“(F) The Inspector General of the National Security Agency.
“(9) The term whistleblower means a person who makes a whistleblower disclosure.
“(10) The term whistleblower disclosure means a disclosure that is protected under section 1201 of this Act or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).”
Conforming amendment— Section 5331 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92; 50 U.S.C. 3033 note) is amended by striking “section 1104 of the National Security Act of 1947 (50 U.S.C. 3234)” and inserting “section 1201 of the National Security Act of 1947”.
Sec. 2442 Disclosures to Congress
In general— Title XII of the National Security Act of 1947, as added by section 2441, is further amended by inserting after section 1203, as designated by section 2441(b), the following new section:
“1204. Procedures regarding disclosures to Congress
“(a) Guidance
“(1) Obligation to provide security direction upon request—Upon the request of a whistleblower, the head of the relevant element of the intelligence community, acting through the covered Inspector General for that element, shall furnish on a confidential basis to the whistleblower information regarding how the whistleblower may directly contact the congressional intelligence committees, in accordance with appropriate security practices, regarding a complaint or information of the whistleblower pursuant to section 103H(k)(5)(D) or other appropriate provision of law.
“(2) Nondisclosure—Unless a whistleblower who makes a request under paragraph (1) provides prior consent, a covered Inspector General may not disclose to the head of the relevant element of the intelligence community—
“(A) the identity of the whistleblower; or
“(B) the element at which such whistleblower is employed, detailed, or assigned as a contractor employee.
“(b) 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 (a), directed the whistleblower not to contact the congressional intelligence committees, or unreasonably delayed in providing information under such subsection, the covered Inspector General shall notify the congressional intelligence committees of such denial, direction, or unreasonable delay.
“(c) Permanent security officer—The head of each element of the intelligence community may designate a permanent security officer in the element to provide to whistleblowers the information under subsection (a).”
Clerical amendment— The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1203, as added by section 2411(b)(2), the following new item:
Conforming amendment— Section 103H(k)(5)(D)(i) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the end the following: “The employee may request information pursuant to section 1204 with respect to contacting such committees.”.
Sec. 2443 Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community
In general— Paragraph (3) of subsection (a) of section 1201 of the National Security Act of 1947, as designated by section 2441(b)(1)(A), is amended—
in subparagraph (I), by striking “; or” and inserting a semicolon;
by redesignating subparagraph (J) as subparagraph (K); and
by inserting after subparagraph (I) the following new subparagraph:
“(J) 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 416 of title 5, United States Code; or”
Applicability to detailees— Such subsection is amended by adding at the end the following new paragraph:
“(5) Employee—The term employee, with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element.”
Private right of action for unlawful disclosure of whistleblower identity— Subsection (f) of such section is amended to read as follows:
“(f) Enforcement
“(1) In general—Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section.
“(2) Private right of action for unlawful, willful disclosure of whistleblower identity—In a case in which an employee of an agency, or other employee or officer of the Federal Government, takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) 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 (c), the employee or contractor employee against whom the personnel action was taken may bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, against the employee or contractor employee who took the personnel action, in a Federal district court of competent jurisdiction within 180 days of when the employee or contractor employee first learned of or should have learned of the violation.”
XXV Accountability for Acting Officials
Sec. 2501 Short title
This title may be cited as the “Accountability for Acting Officials Act”.
Sec. 2502 Clarification of Federal Vacancies Reform Act of 1998
in subsection (a)—
in paragraph (1), by adding before the semicolon at the end the following: “, but, and except as provided in subsection (e), only if the individual serving in the position of first assistant has occupied such position for a period of at least 30 days during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve of the applicable officer”; and
by striking subparagraph (A) of paragraph (3) and inserting the following:
“(A) the officer or employee served in a position in such agency for a period of at least 1 year preceding the date of death, resignation, or beginning of inability to serve of the applicable officer; and”
by adding at the end the following:
“(d) For purposes of this section, a position shall be considered to be the first assistant to the office with respect to which a vacancy occurs only if such position has been designated, at least 30 days before the date of the vacancy, by law, rule, or regulation as the first assistant position. The previous sentence shall begin to apply on the date that is 180 days after the date of enactment of the Accountability for Acting Officials Act.
“(e) The 30-day service requirement in subsection (a)(1) shall not apply to any individual who is a first assistant if—
“(1)
“(A) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
“(B) the Senate has approved the appointment of such individual to such office; or
“(2) the individual began serving in the position of first assistant during the 180-day period beginning on a transitional inauguration day (as that term is defined in section 3349a(a)).”
Qualifications— Section 3345(b) of title 5, United States Code, is amended by adding at the end the following:
“(3) Any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection (a)(2) or (f) shall possess the qualifications (if any) set forth in law, rule, or regulation that are otherwise applicable to an individual appointed by the President, by and with the advice and consent of the Senate, to occupy such office.”
Application to individuals removed from office— Section 3345(c)(2) of title 5, United States Code, is amended by inserting after “the expiration of a term of office” the following: “, or removal (voluntarily or involuntarily) from office,”.
Testimony of acting officials before Congress— Section 3345 of title 5, United States Code, is amended by adding at the end the following:
“(f)
“(1) Any individual serving as an acting officer due to a vacancy to which this section applies, or any individual who has served in such capacity and continues to perform the same or similar duties beyond the time limits described in section 3346, shall appear, at least once during any 60-day period that the individual is so serving, before the appropriate committees of jurisdiction of the Senate and the House of Representatives.
“(2) Paragraph (1) may be waived upon mutual agreement of the chairs and ranking members of the committees described in that paragraph.”
in subsection (a), in the matter preceding paragraph (1), by inserting “or as provided in subsection (d)” after “sickness”; and
by adding at the end the following:
“(d) With respect to the vacancy of the position of head of any agency listed in section 901(b) of title 31 (or of any other Executive department) and to which this section applies, subsections (a) through (c) of this section and sections 3348(c), 3349(b), and 3349a(b) shall be applied by substituting “120” for “210” in each instance.”
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
“(b) Notwithstanding subsection (a), any statutory provision covered under paragraph (1) 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 office.”
Reporting of vacancies—
in subsection (a)—
by striking “immediately upon” each place that term appears and inserting “not later than 7 days after”;
in paragraph (3), by striking “and” at the end;
in paragraph (4), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(5) 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 7 days after such date.”
in subsection (b), in the matter preceding paragraph (1), by striking “immediately” and inserting “not later than 14 days after the date of such determination”.
Technical corrections— Paragraphs (1) and (2) of section 3349(b) of title 5, United States Code, are amended to read as follows:
“(1) the Committee on Homeland Security and Governmental Affairs of the Senate;
“(2) the Committee on Oversight and Government Reform of the House of Representatives;”
Vacancies during presidential inaugural transitions— Section 3349a(b) of title 5, United States Code, is amended to read as follows:
“(b) Notwithstanding section 3346 (except as provided in paragraph (2) of this subsection) or 3348(c), with respect to any vacancy that exists on a transitional inauguration day, or that arises during the 60-day period beginning on such day, the person serving as an acting officer as described in section 3345 may serve in the office—
“(1) for no longer than 300 days beginning on such day; or
“(2) subject to section 3346(b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.”
XXVI Strengthening Hatch Act Enforcement and Penalties
Sec. 2601 Short title
This title may be cited as the “Hatch Act Accountability Act”.
A Strengthening Hatch Act Enforcement and Penalties
Sec. 2621 Strengthening Hatch Act enforcement and penalties against political appointees
Investigations by office of special counsel— Section 1216 of title 5, United States Code, as amended by section 1307 of this Act, is amended—
in subsection (c), by striking “(1),”; and
by adding at the end the following:
“(e)
“(1) In addition to the authority otherwise provided in this chapter, the Special Counsel—
“(A) shall conduct an investigation with respect to any allegation concerning political activity prohibited under subchapter III of chapter 73 (relating to political activities by Federal employees); and
“(B) may, regardless of whether the Special Counsel has received an allegation, conduct any investigation as the Special Counsel considers necessary concerning political activity prohibited under subchapter III of chapter 73.
“(2) With respect to any investigation under paragraph (1), the Special Counsel may seek corrective action under section 1214 and disciplinary action under section 1215 in the same way as if a prohibited personnel practice were involved.
“(f)
“(1) Notwithstanding section 1215(b), consistent with paragraph (3) of this subsection, if, after an investigation under subsection (d)(1), the Special Counsel determines that a political appointee has violated section 7323 or 7324, the Special Counsel may present a complaint to the Merit Systems Protection Board under the process provided in section 1215 against such political appointee.
“(2) Notwithstanding section 7326, a final order of the Board on a complaint of a violation of section 7323 or 7324 by a political appointee may impose an assessment of a civil penalty not to exceed $50,000.
“(3) The Special Counsel may not present a complaint under paragraph (1) of this subsection—
“(A) unless no disciplinary action or civil penalty has been taken or assessed, respectively, against the political appointee pursuant to section 7326; and
“(B) until on or after the date that is 90 days after the date that the complaint regarding the political appointee was presented to the President under section 1215(b), notwithstanding whether the President submits a written statement pursuant to paragraph (4) of this subsection.
“(4)
“(A) Not later than 90 days after receiving from the Special Counsel a complaint recommending disciplinary action under section 1215(b) with respect to a political appointee for a violation of section 7323 or 7324, the President shall provide a written statement to the Special Counsel on whether the President imposed the recommended disciplinary action, imposed another form of disciplinary action and the nature of that disciplinary action, or took no disciplinary action against the political appointee.
“(B) Not later than 14 days after the date on which the Special Counsel receives a written statement under subparagraph (A) of this paragraph, the Special Counsel shall—
“(i) 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 Representatives; and
“(ii) publish the written statement on the public website of the Office of Special Counsel.
“(5) Not later than 14 days after the date on which the Special Counsel determines a political appointee has violated section 7323 or 7324, the Special Counsel shall—
“(A) submit a report on the investigation into such political appointee, and any communications sent from the Special Counsel to the President recommending discipline of such political appointee, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives; and
“(B) publish the report and the communications described in subparagraph (A) on the public website of the Office of Special Counsel.
“(6) In this subsection, the term political appointee means any individual, other than the President or the Vice President, employed or holding office—
“(A) in the Executive Office of the President, the Office of the Vice President, or any other office of the White House, but not including any career employee; or
“(B) in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service).”
Clarification on application of Hatch Act to EOP and OVP employees— Section 7322(1)(A) of title 5, United States Code, is amended by inserting after “Executive agency” the following: “, including the Executive Office of the President, the Office of the Vice President, and any other office of the White House,”.
Criminal penalty—
In general— Subchapter III of chapter 73 of title 5, United States Code, is amended by adding at the end the following:
“7327. Criminal penalty for Hatch Act violations
“(a) In general—Any person who knowingly violates section 7323 or 7324 shall be fined $50,000 (notwithstanding section 3571(e) of title 18), imprisoned for not more than 1 year, or both. Notwithstanding section 3571(e) of title 18, for each violation after the first, the fine applicable under this section shall be double the amount of the fine assessed for the previous violation.
“(b) Attorney fees—A court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which an employee has established, by a preponderance of the evidence, that a superior ordered or otherwise coerced the employee into taking any act that resulted in a violation of section 7323 or 7324.”
Clerical amendment— The table of sections for subchapter III of chapter 73 of title 5, United States Code, is amended by inserting after the item relating to section 7326 the following:
Training— After the first violation by an individual of section 7323 or 7324 of title 5, United States Code, that individual shall be provided training by the employing agency of the individual on how to avoid subsequent violations of either such section.
Sec. 2622 Including Executive Office of the President under limitation on nepotism in the civil service
Section 3110(a)(1)(A) of title 5, United States Code, is amended by inserting “, including the Executive Office of the President” after “Executive agency”.
Sec. 2623 Disclosure of Hatch Act investigations for certain political employees
Section 1216 of title 5, United States Code, as amended by section 2621 of this Act, is amended by adding at the end the following:
“(g)
“(1) With respect to any investigation of an allegation of prohibited activity under subsection (a)(1) against a political employee, not later than 14 days after the date on which the Special Counsel makes a final determination under that investigation with respect to whether a violation occurred, the Special Counsel shall—
“(A) publish, on the website of the Office of Special Counsel, that determination and a report on that determination; and
“(B) submit the report required under subparagraph (A) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
“(2) In this subsection, the term political employee means any individual occupying any of the following positions in the executive branch of Government (including an individual carrying out the duties of such a position in an acting capacity):
“(A) Any position required to be filled by an appointment by the President, by and with the advice and consent of the Senate.
“(B) Any position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulations.
“(C) Any position in or under the Executive Office of the President.
“(D) Any position in or under the Office of the Vice President.
“(E) Any position in the Senior Executive Service that is not a career appointee, a limited term appointee, or a limited emergency appointee (as those terms are defined in section 3132(a)).”
Sec. 2624 Clarification on candidates visiting Federal property
In general— Section 7323 of title 5, United States Code, is amended by adding at the end the following:
“(d) Nothing in this section or section 7324 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 purpose, including receiving briefings, tours, or other official information.”
in subsection (a)(1), by striking “his official authority or influence” and inserting “the official authority or influence of the employee”; and
in subsection (c)—
by striking “he” and inserting “the employee”; and
by striking “his opinion” and inserting “the opinion of the employee”.
Sec. 2625 Applying Hatch Act to President and Vice President while on Federal property
In general— Subchapter III of chapter 73 of title 5, United States Code, as amended by this Act, is further amended—
by redesignating sections 7326 and 7327 as sections 7327 and 7328, respectively; and
by inserting after section 7325 the following:
“7326. Limitations on political activity of President and Vice President while on White House grounds
“Notwithstanding section 7322(1), the prohibitions on political activity under sections 7323(a) and 7324 shall apply to the President and Vice President while the President and Vice President are on or in any part of the White House, or any part of the White House grounds, that is regularly used in the discharge of official duties.”
Clerical amendment— The table of sections of subchapter III of chapter 73 of title 5, United States Code, as amended by this Act, is further amended by striking the items relating to sections 7326 and 7327 and inserting the following:
Sec. 2626 Granting the Office of Special Counsel rulemaking authority
Notwithstanding any other provision of law, rule, or regulation, 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 73 of title 5, United States Code.
Sec. 2627 Greater accountability for political appointees
Section 1204(c) of title 5, United States Code, is amended by adding at the end the following: “Notwithstanding the previous sentences, in the case of contumacy or failure by an individual to obey a subpoena issued under subsection (b)(2)(A) or section 1214(b) with respect to an investigation into any violation of section 7323 or 7324, the Board may issue an order requiring that individual to appear at any designated place to testify or to produce documentary or other evidence.”.
Sec. 2628 Investigating former political employees
Definition— In this section, the term employee has the meaning given the term in section 7322 of title 5, United States Code.
Continuation of investigation— Notwithstanding any other provision of law, the Office of Special Counsel may continue an investigation of a violation of section 7323 or 7324 of title 5, United States Code, of an individual who is a former employee only if that investigation commenced while the individual was an employee.
Sec. 2629 GAO review of reimbursable political events
In general— Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on reimbursable political events held at the White House or on the White House grounds during the period beginning on January 1, 1997, and ending on the date of enactment of this Act (referred to in this section as the “covered period”).
Contents— The report required under subsection (a) shall include the following:
Whether, during the covered period, the requirements in annual appropriations Acts with respect to reimbursable political events have been followed, including the requirements under the heading “Executive Residence at the White House—Reimbursable Expenses” in title II of division D of the Consolidated Appropriations Act, 2019 (Public Law 116–6).
An assessment of what constitutes a political event during the covered period.
Whether an event that was not classified as a political event during the covered period should have been classified as such an event.
A review of any payment made by a political entity under the terms of the requirements described in paragraph (1).
Recommendations for Congress on—
a definition for the term “political event”;
how to assess whether presidential administrations are following the requirements described in paragraph (1); and
how to hold presidential administrations accountable if the requirements described in paragraph (1) are not followed.
B Strengthening Ethics Enforcement and Penalties for Federal Executive Employees
Sec. 2641 Definitions
In general— Subject to subsection (b), in this subtitle:
Administration— The term “Administration” means each term of office of the incumbent President serving at the time of the appointment of an appointee.
Appointee— The term appointee—
includes each individual appointed—
to a full-time, noncareer position by the President or the Vice President;
to a position described in sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);
to a position as a noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or as a noncareer appointee under another comparable personnel system for senior personnel; or
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 213 of title 5, Code of Federal Regulations, or another position excepted from the competitive service under comparable criteria; and
does not include any individual appointed to a position in the Senior Foreign Service or solely as a uniformed service commissioned officer.
Covered executive branch official; lobbying activities, lobbyist— The terms “covered executive branch official”, “lobbying activities”, and “lobbyist” have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
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 matter.
Executive agency— The term “Executive agency” has the meaning given the term “Executive agency” in section 105 of title 5, United States Code, except that such term—
includes—
the Executive Office of the President;
the United States Postal Service; and
the Postal Regulatory Commission; and
does not include the Government Accountability Office.
Former client— The term “former client”—
means any person for whom an appointee, during the 2-year period before the date of the appointment of the appointee, served personally as an agent, an attorney, or a consultant, except that such service as an agent, an attorney, or a consultant shall not include any instance in which the service provided was limited to speeches or similar appearances; and
does not include any clients of the former employer of the appointee to whom the appointee did not personally provide services.
Former employer— The term “former employer”—
means any person for whom an appointee, during the 2-year period before the date of appointment of the appointee, served as an employee, officer, director, trustee, or general partner; and
does not include—
any Executive agency or other entity of the Federal Government;
any State or local government;
the Government of the District of Columbia;
any Tribal government;
any government of a United States territory or possession; or
any international organization of which the United States is a member state.
Gift— The term “gift”—
has the meaning given the term in section 2635.203(b) of title 5, Code of Federal Regulations;
includes any gift that is solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations; and
does not include any item excepted under subsections (b), (c), (e)(1), (e)(3), (j), or (l) of section 2635.204 of title 5, Code of Federal Regulations.
Government official— The term “Government official” means any employee of the executive branch of the Government.
Lobby— The term “lobby” means to act or have acted as a registered lobbyist.
Materially assist— The term “materially assist”—
means to provide substantive assistance; and
does not include—
the provision of background or general education on a matter of law or policy based upon the subject matter expertise of an individual; or
any conduct or assistance permitted under section 207(j) of title 18, United States Code.
Participate— The term “participate” means to participate personally and substantially.
Particular matter— The term “particular matter” has the meaning given the term in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations.
Particular matter involving specific parties— The term “particular matter involving specific parties” has the meaning given the term in section 2641.201(h) of title 5, Code of Federal Regulations, 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 individual, unless—
the communication applies to a particular matter of general applicability; and
participation in the meeting or other event is open to all interested parties.
Pledge— The term “pledge” means the ethics pledge under section 2642.
Registered lobbyist or lobbying organization— The term “registered lobbyist or lobbying organization” means—
any lobbyist or an organization required to file a registration pursuant to section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and
in the case of an organization required to file such a registration, includes each of the lobbyists of the organization identified therein.
Senior White House staff— The term “Senior White House staff” means any individual appointed by—
the President to a position under subparagraph (A) or (B) of section 105(a)(2) of title 3, United States Code; or
the Vice President to a position under subparagraph (A) or (B) of section 106(a)(1) of title 3, United States Code.
Rule of construction— Any reference to a provision of Federal law, including any regulation, under this subtitle shall be construed to refer to any such provision in effect on January 20, 2025.
Sec. 2642 Ethics pledge
Each appointee in each Executive agency appointed on or after January 20, 2025, shall sign, and upon signing shall be contractually committed to, an ethics pledge that states the following:
“(1) Lobbyist gift ban—I will not accept any gift from any registered lobbyist or lobbying organization for the duration of my service as an appointee.
“(2) Revolving door ban; all appointees entering Government—For a period of 2 years beginning on the date of my appointment, I will not participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.
“(3) Revolving door ban; lobbyists and registered agents entering Government—If, during the 2-year period before the date of my appointment, I was registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), in addition to abiding by the limitations of paragraph (2), I will not, for a period of 2 years beginning on the date of my appointment—
“(A) participate in any particular matter with respect to which I lobbied, or engaged in any activity that would require registration under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), during the 2-year period before the date of my appointment;
“(B) participate in the specific issue area involving the particular matter described in subparagraph (A); or
“(C) seek or accept employment with any Executive agency with respect to which I lobbied, or engaged in any activity that would require registration under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), during the 2-year period before the date of my appointment.
“(4) Revolving door ban; appointees leaving Government—If, upon my departure from the Government, the post-employment restrictions relating to communicating with employees of my former Executive agency under section 207(c) of title 18, United States Code, and any implementing regulations, apply to me, I agree that I will abide by those restrictions for a period of 2 years beginning on the last date of my appointment. I will abide by those same restrictions with respect to communicating with the Senior White House staff.
“(5) Revolving door ban; senior and very senior appointees leaving Government—If, upon my departure from the Government, the post-employment restrictions under subsections (c) or (d) of section 207 of title 18, United States Code, and any implementing regulations, apply to me, I agree that, in addition to abiding by those restrictions, for a period of 1 year beginning on the last date of my appointment, I will not materially assist any other person in making any communication or appearance that I am prohibited from undertaking myself by—
“(A) holding myself out as being available to engage in lobbying activities in support of any such communication or appearance; or
“(B) engaging in any such lobbying activities.
“(6) Revolving door ban; appointees leaving Government to lobby—In addition to abiding by the limitations under paragraph (4), I also agree, upon leaving Government service, not to lobby any covered executive branch official or noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or engage in any activity on behalf of any foreign government or foreign political party that, if such activity was undertaken on January 20, 2025, would require that I register under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), for the remainder of the Administration or the 2-year period beginning on the last date of my appointment, whichever is later.
“(7) Golden parachute ban—I have not accepted and will not accept, including after entering Government service, 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 Government. 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 payment.
“(8) Employment qualification commitment—I agree that any hiring or other employment decisions I make will be based on the qualifications, competence, and experience of the candidate.
“(9) Assent to enforcement—I acknowledge that subtitle B of title XXVI of the Protecting Our Democracy Act, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that subtitle as a part of this agreement and as binding on me. 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 service.”
Sec. 2643 Waivers
In general—
Requirements for waiver— The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of the Office of Management and Budget certifies in writing—
that the literal application of the restriction is inconsistent with the purposes of the restriction; or
that, subject to subsection (c), it is in the public interest to grant the waiver.
Contents— Any waiver granted under paragraph (1) shall—
reflect the basis for the waiver; and
in the case of a waiver of the restrictions under subparagraph (B) or (C) of paragraph (3) of the pledge, include a discussion of the findings with respect to the considerations set forth in subsection (c)(2) of this section.
Effective date; publication—
Effective date— A waiver granted under subsection (a) shall take effect on the date on which the Director of the Office of Management and Budget signs the waiver.
Publication— The Director of the Office of Management and Budget shall make any waiver granted under subsection (a) public not later than 10 days after the waiver is granted.
Public interest—
In general— With respect to consideration of the public interest under subsection (a)(2)(B), the public interest shall include exigent circumstances relating to national security, the economy, public health, or the environment.
Specific considerations— In determining whether it is in the public interest to grant a waiver under subsection (a)(2)(B) of the restrictions under subparagraph (B) or (C) of paragraph (3) of the pledge, the responsible official may consider the following factors:
The need of the Government for the services of the individual, including the existence of special circumstances related to national security, the economy, public health, or the environment of the United States.
The uniqueness of the qualifications of the individual to meet the needs of the Government.
The scope and nature of the prior lobbying activities of the individual, including whether such activities were de minimis or rendered on behalf of a nonprofit organization.
The extent to which the purposes of the restriction may be satisfied through other limitations on the services of the individual, such as those required by paragraph (3)(A) of the pledge.
Sec. 2644 Administration
In general— The head of each Executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the general ethics rules and procedures of the Executive agency, including those relating to designated agency ethics officials) as are necessary or appropriate to ensure—
that every appointee in the Executive agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee;
that compliance with paragraph (3) of the pledge is addressed in a written ethics agreement with each appointee to whom that paragraph applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work;
that any spousal employment issue or other conflict not expressly addressed by the pledge is addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and
that the Executive agency generally complies with this subtitle.
Executive Office of the President— With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President.
Director of the Office of Government Ethics general responsibilities— The Director of the Office of Government Ethics shall—
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 (a);
in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officials (as defined in section 13101 of title 5, United States Code) in providing advice to current or former appointees regarding the application of the pledge;
in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate—
to carry out the foregoing responsibilities;
to authorize limited exceptions to the lobbyist gift ban under paragraph (1) of the pledge for circumstances that do not implicate the purposes of the ban;
to make clear that no individual shall have violated the lobbyist gift ban under paragraph (1) of the pledge if the individual properly disposes of a gift as provided under section 2635.206 of title 5, Code of Federal Regulations;
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 Government; and
to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph (6) of the pledge is honored by every employee of the executive branch;
in consultation with the Director of the Office of Management and Budget, submit a report to the President on whether full compliance is being achieved with existing Federal laws and regulations governing executive branch procurement lobbying disclosure, provided that such report shall include—
recommendations relating to steps the executive branch can take to expand, to the fullest extent practicable, disclosure of both executive branch procurement lobbying and of lobbying for presidential pardons; and
recommendations relating to both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and
provide an annual report on the administration of the pledge and this subtitle.
Revolving door ban report—
In general— Not later than 180 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban under paragraph (5) of the pledge to all executive branch employees who are involved in the procurement process such that those employees may not for 2 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 2 years of Government service of the employee.
Actions and recommendations— The report required under paragraph (1) shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation.
Filing and retention— Each pledge signed by an appointee, and any waiver granted under section 2643 with respect thereto, 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 folder.
Sec. 2645 Enforcement
In general— The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States pursuant to this section by any legally available means, including—
debarment proceedings within any affected Executive agency; or
judicial civil proceedings for declaratory, injunctive, or monetary relief.
Bar on lobbying—
In general— Any former appointee who is determined, after notice and hearing, by the duly designated authority within any Executive agency, 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 5 years in addition to any other restriction on lobbying under the pledge signed by the appointee.
Procedures— The head of each Executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, 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 (c).
Authority of the Attorney General—
In general— The Attorney General may—
upon receiving information regarding the possible breach of any commitment in a signed pledge by an appointee, request any appropriate Federal investigative authority to conduct an investigation of the alleged breach, as may be appropriate; and
upon determining that there is a reasonable basis to believe that a breach of a commitment in a signed pledge by an appointee has occurred, will occur, or will continue to occur if not enjoined, commence a civil action against the former employee in any district court of the United States with jurisdiction to consider the matter.
Civil relief— In any civil action commenced under paragraph (1)(B), the Attorney General may request any and all relief authorized by Federal law, including—
such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former appointee in breach of the commitments in the pledge the former appointee signed; and
establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of the pledge the former appointee signed.
Sec. 2646 General provisions
Severability— If any provision of this subtitle or the application of such provision is held to be invalid, the remainder of this subtitle and other dissimilar applications of such provision shall not be affected.
Rule of construction— Nothing in this subtitle shall be construed to impair or otherwise affect—
the authority granted by Federal law to any Executive agency, or the head thereof; or
the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
Implementation— This subtitle shall be implemented consistent with applicable law and subject to the availability of appropriations.
Rule of construction— This subtitle is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
XXVII Presidential and vice presidential Tax Transparency
Sec. 2701 Presidential and vice presidential tax transparency
Definitions— In this section—
The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President.
The term income tax return means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of—
such individual, other than information returns issued to persons other than such individual; or
any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary).
The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.
The term Secretary means the Secretary of the Treasury or the delegate of the Secretary.
Disclosure—
In general—
Candidates for President and Vice President— Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.
President and Vice President— With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, 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 9 preceding taxable years.
Transition rule for sitting Presidents and Vice Presidents— Not later than the date that is 30 days after the date of enactment of this section, 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 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.
Failure to disclose— If any requirement under paragraph (1) to submit an income tax return is not met, 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 return.
Publicly available— The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section).
Treatment under the Federal Election Campaign Act of 1971— Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)) is amended by adding at the end the following:
“(E) 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 (B) and (C), except that if it would require considerable, extensive, and significant time for the Commission to make redactions to such a return, as required under section 2701(b)(3) of the Protecting Our Democracy Act or subparagraph (B)(ii) of section 6103(l)(23) of the Internal Revenue Code of 1986, the Commission may make the return available for public inspection more than 48 hours after receipt by the Commission, but in no event later than 30 days after receipt by the Commission.”
Disclosure of returns of Presidents and Vice Presidents and certain candidates for president and vice president—
In general— Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(23) Disclosure of return information of presidents and vice presidents and certain candidates for president and vice president
“(A) In general—Upon written request by the chairman of the Federal Election Commission under section 2701(b)(2) of the Protecting Our Democracy Act, not later than the date that is 15 days after the date of such request, 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 paragraph.
“(B) Disclosure to the public
“(i) In general—The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).
“(ii) Redaction of certain information—Before making publicly available under clause (i) any return, 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 theft, such as social security numbers.”
Conforming amendments— Section 6103(p)(4) of such Code is amended—
in the matter preceding subparagraph (A) by striking “or (22)” and inserting “(22), or (23)”; and
in subparagraph (F)(ii) by striking “or (22)” and inserting “(22), or (23)”.
Effective date— The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.
XXVIII Bringing Executive Accountability, Clarity, and Oversight
Sec. 2801 Short title
This title may be cited as the cited as the “Bringing Executive Accountability, Clarity, and Oversight Now Act” or the “BEACON Act”.
Sec. 2802 Office of Inspector General in the Executive Office of the President
Establishment—
In general— Section 401 of title 5, United States Code, (commonly referred to as the “Inspector General Act of 1978”) is amended—
in paragraph (1), by striking “or the National Reconnaissance Office” and inserting “the National Reconnaissance Office, or the Executive Office of the President”; and
in paragraph (3), by striking “or the Director of the National Reconnaissance Office” and inserting “the Director of the National Reconnaissance Office; or the President (with respect to the Executive Office of the President)”.
Appointment of Inspector General— Not later than 120 days after the date of enactment of this Act, the President shall appoint an individual as the Inspector General of the Executive Office of the President in accordance with the requirements of section 403(a) of title 5, United States Code.
Special provisions— Chapter 4 of title 5, United States Code, is amended by inserting after section 424 the following:
“425. Special provisions concerning the Executive Office of the President
“(a) Audits, investigations, and issuance of subpoenas
“(1) Authority, direction, and control—Notwithstanding the last 2 sentences of section 403(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following:
“(A) The identity of a confidential source, including a protected witness.
“(B) An intelligence or counterintelligence matter.
“(C) An undercover operation.
“(2) Prohibition in certain situations—With respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1).
“(3) Notice after prohibition
“(A) To Inspector General—If the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power.
“(B) To Congress—Not later than 30 days after receiving a notice under subparagraph (A), 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 following:
“(i) The Committee on Homeland Security and Governmental Affairs of the Senate.
“(ii) The Committee on the Judiciary of the Senate.
“(iii) The Committee on Oversight and Government Reform of the House of Representatives.
“(iv) The Committee on the Judiciary of the House of Representatives.
“(v) Any other appropriate committee or subcommittee of Congress.
“(b) Semiannual reports
“(1) Additional information to be included—Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 405(b) shall also include the following:
“(A) With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action.
“(B) 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 General.
“(C) A description of any audit, inspection, 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 (a)(2).
“(D) 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 President, and the detection and elimination of fraud, waste, and abuse in such programs and operations.
“(2) Submission to President—Notwithstanding section 405(c), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 405(b), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year.
“(3) Transmission to Congress—Not later than 30 days after submitting the semiannual report to the President under paragraph (2), 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 following:
“(A) The Committee on Homeland Security and Governmental Affairs of the Senate.
“(B) The Committee on the Judiciary of the Senate.
“(C) The Committee on Oversight and Government Reform of the House of Representatives.
“(D) The Committee on the Judiciary of the House of Representatives.
“(c) Audit of the Office of the Inspector General of the Executive Office of the President
“(1) In general—Not later than 120 days after the President appoints an individual as the Inspector General of the Executive Office of the President, and annually thereafter, 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 President.
“(2) Report—Not later than October 31 after the first audit is completed under paragraph (1), and annually thereafter, the Council of Inspectors General on Integrity and Efficiency shall submit to Congress a report on the findings of the audit.”
Technical and conforming amendments—
In general— Chapter 4 of title 5, United States Code, is amended—
in section 415(a)(2)—
by striking subparagraph (C); and
by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; and
in section 418, by striking “or 421” and inserting “, 421, or 425”.
Table of sections— The table of sections for chapter 4 of title 5, United States Code, is amended by adding at the end the following:
Over-Classification audit—
Evaluations required— The Inspector General of the Executive Office of the President, in consultation with the Information Security Oversight Office of the National Archives and Records Administration, shall carry out 2 evaluations of the Executive Office of the President—
to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within the Executive Office of the President; and
to identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material within the Executive Office of the President.
Deadlines for evaluations—
Initial evaluation— The first evaluation required under paragraph (1) shall be completed not later than 1 year after the date of enactment of this Act.
Second evaluation— The second evaluation required under paragraph (1) shall review progress made pursuant to the results of the first evaluation and shall be completed not later than 1 year after the date on which the first evaluation is completed.
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 methodology, as appropriate, that allows for cross-agency comparisons.
Reports required—
In general— Not later than 45 days after the completion of an evaluation, the Inspector General of the Executive Office of the President shall submit to the appropriate entities a report on that evaluation.
Content— Each report submitted under subparagraph (A) shall include a description of—
the policies, procedures, rules, regulations, or management practices, if any, identified by the Inspector General under paragraph (1)(B); and
the recommendations, if any, of the Inspector General to address any such identified policies, procedures, rules, regulations, or management practices.
Appropriate entities defined— In this subsection, the term “appropriate entities” means each of the following:
The Committee on Homeland Security and Governmental Affairs of the Senate.
The Committee on the Judiciary of the Senate.
The Committee on Oversight and Government Reform of the House of Representatives.
The Committee on the Judiciary of the House of Representatives.
Any other appropriate committee or subcommittee of Congress.
The President.
The Director of the Information Security Oversight Office.