(1)

all materials obtained or produced by the prosecution team, including the Attorney General and any United States Attorney, and all materials obtained or prepared by any investigative agency of the Federal Government, relating to the offense for which the individual was pardoned; and

(2)

all materials obtained or produced by the Department of Justice in relation to the pardon.

(1) Appropriate congressional committee

The term appropriate congressional committee means—

(2) Covered offense

The term covered offense means—

(3) Pardon

The term pardon includes a commutation of a sentence.

(4) Relative

The term relative, with respect to the President, means—

(A)

in paragraph (1), by inserting , including the President and the Vice President of the United States, after or an officer or employee or person; and

(B)

in paragraph (2)—

(1) Covered individual

The term covered individual means an individual who is granted a pardon by the President on or after the date of enactment of this Act.

(2) Director

The term Director means the Director of the Office of Government Ethics.

(3) Gift

The term gift—

(4) Pardon

The term pardon includes a commutation of a sentence.

(1) In general

(2) Contents

Each financial disclosure report submitted under paragraph (1) shall include, which respect to each gift required to be reported—

(1)

in the section heading, by inserting the President, the Vice President, a Cabinet Member, or a after Contracts by; and

(2)

in the first undesignated paragraph, by inserting the President, the Vice President, in a position at level I of the Executive Schedule under section 5312 of title 5, after Whoever, being.

(A)

the President; and

(B)

the Vice President.

(1) In general

Except as otherwise provided in section 7342 of title 5, United States Code, it shall be unlawful for any person holding any office of profit or trust under the United States to accept from a government of a foreign country, without first obtaining the consent of Congress, any present or emolument, or any office or title.

(2) Application

The prohibition under paragraph (1) shall apply without regard to whether the present, emolument, office, or title is—

(1) In general

It shall be unlawful for the President to accept from the United States, or a State, any emolument other than the compensation for services of the President as President provided for by Federal law.

(2) Application

The prohibition under paragraph (1) shall apply without regard to whether the emolument is—

(1)

The action shall be filed before the United States District Court for the District of Columbia.

(2)

The action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code. It shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action. Such action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.

(3)

It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal.

(1)

The disgorgement of the value of any present or emolument from the government of a foreign country.

(2)

The surrender of the physical present or emolument to the Department of State, which shall, if practicable, dispose of the present or emolument and deposit the proceeds into the United States Treasury.

(3)

The renunciation of any office or title accepted in violation of such subsection.

(4)

A prohibition on the use or holding of such an office or title.

(5)

Such other relief as the court determines appropriate.

(1)

in the matter preceding subparagraph (A), by inserting and paragraphs (9) through (11) after (5); and

(2)

by inserting after subparagraph (F) the following:

(G) Foreign emoluments

In the case of items described in paragraphs (9) and (10) of subsection (a), all information required to be reported under those paragraphs.

(H) Emoluments from United States

In the case of—

(i)

items described in paragraph (11)(A) of subsection (a), any such items received by spouse or dependent child of the President other than items related to the services of the President as President provided for by Federal law; and

(ii)

items described in paragraph (11)(B) of subsection (a), all information required to be reported under that paragraph.

(1)

by striking The Director and inserting the following:

(1) In general

The Director; and

(2)

by adding at the end the following:

(2) Overall direction

The Director shall—

(A)

provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act; and

(B)

shall have the authority, with respect to the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, to—

(i)

issue administrative fines to individuals for violations;

(ii)

order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Director deems necessary; and

(iii)

bring civil actions to enforce such fines and orders.

(1)

in paragraph (14), by striking and at the end;

(2)

in paragraph (15), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(16)

developing and promulgating rules and regulations to ensure compliance with the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, including establishing—

(A)

requirements for reporting and disclosure;

(B)

a schedule of administrative fines that may be imposed by the Director for violations; and

(C)

a process for referral of matters to the Office of Special Counsel for investigation in compliance with section 1216(d).

(A)

in paragraph (4), by striking and at the end;

(B)

in paragraph (5) by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(6)

any violation of—

(A)

section 1303 of the Foreign and Domestic Emoluments Enforcement Act; or

(B)

the amendments made by section 1305 of the Foreign and Domestic Emoluments Enforcement Act.; and

(1) In general

A legal expense fund described in subsection (a) may not accept any contribution or other payment made by—

(2) Appropriate remedial action

In the case of a contribution described in paragraph (1)—

(1)

Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended—

(2)

Section 309(a)(4)(C)(iv)(I) is amended by striking or (i) and inserting or (h).

(3)

Section 313(c)(4) is amended by striking section 304(i)(8)(B) and inserting section 304(h)(8)(B).

(a) 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.

(b) Clerical amendment

The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act is amended by inserting after the item relating to section 1017 the following:

(a) 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.

(b) Clerical amendment

The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 2221(b), is further amended by inserting after the item relating to section 1018 the following:

(a) In general

Section 1015 of the Impoundment Control Act of 1974 (2 U.S.C. 686) is amended—

(b) Rule of construction

Section 1001 of the Impoundment Control Act of 1974 (2 U.S.C. 681) is amended—

(a) 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.

(b) Clerical amendment

The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 2222(b), is further amended by inserting after the item relating to section 1019 the following:

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.

Sec. 2251. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions

Sec. 2252. Reporting requirements for Antideficiency Act violations

Sec. 2253. Department of Justice reporting to Congress for Antideficiency Act violations

Sec. 2254. Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel

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.

(a) Requirements relating to declaration and renewal of national emergencies

Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by striking sections 201 and 202 and inserting the following:

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.

(b) Reporting requirements

Section 401 of the National Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the following:

(d) Report on emergencies

The President shall transmit to Congress, with any proclamation 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.

(c) 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—

(d) Conforming amendment

Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed.

(e) Effective date; applicability

(a) 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.

(b) Documents in existence before date of enactment

Not later than 15 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees all presidential emergency action documents in existence before such date of enactment.

(c) Definitions

In this section:

(1)

in clause (i), by striking and the President subsequently so designates; and

(2)

in clause (ii), by striking and the President subsequently so designates.

(A) 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).

(B) Exceptions

The term covered communication does not include a communication that is any of the following:

(A)

is related by blood, marriage, or adoption; or

(B)

stands in loco parentis.

(1)

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;

(2)

the topic of the covered communication; and

(3)

a statement describing the purpose and necessity of the covered communication.

(1) Periodic disclosure of logs

Not later than January 30, April 30, July 30, and October 30 of each year, the Attorney General shall submit to the Office of the Inspector General of the Department of Justice a report containing the communications log for the 3-month period preceding that January, April, July, or October.

(2) Notice of inappropriate or improper communications

The Office of the Inspector General of the Department of Justice shall—

(a) Investigations as personnel actions

(b) Right To petition Congress

(c) Prohibition on disclosure of whistleblower identity

(d) Right To petition Congress

(a) 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.

(b) 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.

(c) Ensuring timely relief

(d) 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.

(e) Attorney fees

(f) Extending Whistleblower Protection Act to certain employees

(g) Relief

(a) In general

Section 7512 of title 5, United States Code, is amended—

(b) 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.

(a) 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.

(b) Repeal

(1)

in section 1212(h), by striking or (9) each place that term appears and inserting , (b)(9), (b)(13), or (g);

(2)

in section 1214—

(3)

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);

(4)

in section 2302—

(5)

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);

(6)

in section 7701(c)(2)(B), by striking section 2302(b) and inserting subsection (b) or (g) of section 2302; and

(7)

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).

(a) In general

The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding at the end the following new title:

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.

(b) Technical and clerical amendments

(c) Definitions

Section 3 of such Act (50 U.S.C. 3003) is amended by adding at the end the following new paragraphs:

(8)

The term covered Inspector General means each of the following:

(A)

The Inspector General of the 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)).

(d) 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.

(a) 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).

(b) Clerical amendment

The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1203, as added by section 2411(b)(2), the following new item:

(c) Conforming amendment

Section 103H(k)(5)(D)(i) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the end the following: The employee may request information pursuant to section 1204 with respect to contacting such committees..

(a) 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—

(b) 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.

(c) 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.

(1)

in subsection (a)—

(2)

by adding at the end the following:

(d)

For purposes of this section, a position shall be considered to be the first assistant to the office with 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)).

(1)

in subsection (a), in the matter preceding paragraph (1), by inserting or as provided in subsection (d) after sickness; and

(2)

by adding at the end the following:

(d)

With respect to the vacancy of the position of head of any agency listed in 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.

(1)

by redesignating subsection (b) as subsection (c); and

(2)

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.

(1) In general

Section 3349 of title 5, United States Code, is amended—

(2) Technical corrections

Paragraphs (1) and (2) of section 3349(b) of title 5, United States Code, are amended to read as follows:

(1)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(2)

the Committee on Oversight and Government Reform of the House of Representatives;

(3) 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.

(a) Investigations by office of special counsel

Section 1216 of title 5, United States Code, as amended by section 1307 of this Act, is amended—

(b) Clarification on application of Hatch Act to EOP and OVP employees

Section 7322(1)(A) of title 5, United States Code, is amended by inserting after Executive agency the following: , including the Executive Office of the President, the Office of the Vice President, and any other office of the White House,.

(c) Criminal penalty

(a) 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.

(b) Technical and conforming amendments

Section 7323 of title 5, United States Code, is amended—

(a) In general

Subchapter III of chapter 73 of title 5, United States Code, as amended by this Act, is further amended—

(b) 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:

(a) Definition

In this section, the term employee has the meaning given the term in section 7322 of title 5, United States Code.

(b) 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.

(a) In general

Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on reimbursable political events held at the White House or on the White House grounds during the period beginning on January 1, 1997, and ending on the date of enactment of this Act (referred to in this section as the covered period).

(b) Contents

The report required under subsection (a) shall include the following:

(a) In general

Subject to subsection (b), in this subtitle:

(b) Rule of construction

Any reference to a provision of Federal law, including any regulation, under this subtitle shall be construed to refer to any such provision in effect on January 20, 2025.

(a) In general

(b) Effective date; publication

(c) Public interest

(a) 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—

(b) 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.

(c) Director of the Office of Government Ethics general responsibilities

The Director of the Office of Government Ethics shall—

(d) Revolving door ban report

(e) 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.

(a) 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—

(b) Bar on lobbying

(c) Authority of the Attorney General

(a) 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.

(b) Rule of construction

Nothing in this subtitle shall be construed to impair or otherwise affect—

(c) Implementation

This subtitle shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) 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.

(1)

The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President.

(2)

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—

(3)

The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.

(4)

The term Secretary means the Secretary of the Treasury or the delegate of the Secretary.

(1) In general

(2) 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.

(3) 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).

(4) 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.

(1) 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.

(2) Conforming amendments

Section 6103(p)(4) of such Code is amended—

(3) Effective date

The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.

(1) In general

Section 401 of title 5, United States Code, (commonly referred to as the Inspector General Act of 1978) is amended—

(2) 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.

(1) In general

Chapter 4 of title 5, United States Code, is amended—

(2) 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:

(1) 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—

(2) Deadlines for evaluations

(3) 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.

(4) Reports required

(5) Appropriate entities defined

In this subsection, the term appropriate entities means each of the following:

(1) In general

Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 1309, is amended by adding at the end the following new subsection:

(i) Disclosure of reportable foreign contacts

(1) Committee obligation to notify

Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification.

(2) Individual obligation to notify

Not later than 3 days after a reportable foreign contact—

(A)

each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and

(B)

each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact.

(3) Reportable foreign contact

In this subsection:

(A) In general

The term reportable foreign contact means any direct or indirect contact or communication that—

(i)

is between—

(I)

a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and

(II)

an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and

(ii)

the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves—

(I)

an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or

(II)

coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election.

(B) Exceptions

(i) Contacts in official capacity as elected official

The term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee.

(ii) Contacts for purposes of enabling observation of elections by international observers

The term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee.

(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements

A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319.

(C) Covered foreign national defined

(i) In general

In this paragraph, the term covered foreign national means—

(I)

a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b))) that is a government of a foreign country or a foreign political party;

(II)

any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or

(III)

any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I).

(ii) Clarification regarding application to citizens of the united states

In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in subclause (I) of clause (i).

(4) Immediate family member

In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.

(2) Effective date

The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act.

(1) In general

Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended—

(2) Effective date

The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.

(1) In general

The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act.

(2) Transition rule for existing committees

Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)).

(1)

The number of such notifications received from political committees during the year covered by the report.

(2)

A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications.

(3)

With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications.

(A)

resides in the United States;

(B)

is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and

(C)

is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

(1)

in paragraph (1)(A), by striking promise to make a contribution or donation and inserting promise to make such a contribution or donation;

(2)

in paragraph (1)(B), by striking donation and inserting donation of money or other thing of value, or to make an express or implied promise to make such a contribution or donation,; and

(3)

by amending paragraph (2) to read as follows:

(2)

a person to solicit, accept, or receive (directly or indirectly) a contribution or donation described in subparagraph (A) or (B) of paragraph (1), or to solicit, accept, or receive (directly or indirectly) an express or implied promise to make such a contribution or donation, from a foreign national.

(1) In general

Section 309(d)(1) of such Act (52 U.S.C. 30109(d)(1)), as amended by section 3103, is further amended by adding at the end the following new subparagraph:

(G)

(i)

Any person who knowingly and willfully commits a violation of section 319 which involves a foreign national which is a government of a foreign country or a foreign political party, or which involves a thing of value consisting of the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.

(ii)

In clause (i), each of the terms government of a foreign country and foreign political party has the meaning given such term in section 1 of the Foreign Agents Registration Act of 1938, as Amended (22 U.S.C. 611).

(2) Effective date

The amendment made by paragraph (1) shall apply with respect to violations committed on or after the date of the enactment of this Act.

(1) In general

The amendment made by subsection (a) shall apply with respect to political committees which file statements of organization under section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103) on or after the date of the enactment of this Act.

(2) Transition for existing committees

(1)

in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication; and

(2)

in paragraph (9)(B)—

(1)

by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication; and

(2)

by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication.

(1) Application to qualified Internet and digital communications

(2) Nonapplication of relevant electorate to online communications

Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting any broadcast, cable, or satellite before communication.

(3) News exemption

Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:

(i)

a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;

(1)

by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner; and

(2)

by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked..

(1) In general

Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection:

(e) Special rules for qualified internet or digital communications

(1) Special rules with respect to statements

In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner—

(A)

state the name of the person who paid for the communication; and

(B)

provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information.

(2) Safe harbor for determining clear and conspicuous manner

A statement in a qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements:

(A) Text or graphic communications

In the case of a text or graphic communication, the statement—

(i)

appears in letters at least as large as the majority of the text in the communication; and

(ii)

meets the requirements of paragraphs (2) and (3) of subsection (c).

(B) Audio communications

In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds.

(C) Video communications

In the case of a video communication which also includes audio, the statement—

(i)

is included at either the beginning or the end of the communication; and

(ii)

is made both in—

(I)

a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and

(II)

an audible format that meets the requirements of subparagraph (B).

(D) Other communications

In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).

(2) Nonapplication of certain exceptions

The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971).

(1)

in paragraph (1)(A)—

(2)

in paragraph (1)(B)—

(3)

in paragraph (2)—

(1)

for determining whether an advertisement communicates a national legislative issue for purposes of section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a));

(2)

requiring common data formats for the record required to be maintained under such section 304(j) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and

(3)

establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date.

(1)

matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a);

(2)

recommendations for any modifications to such section to assist in carrying out its purposes; and

(3)

identifying ways to bring transparency and accountability to political advertisements distributed online for free.

(1)

in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and

(2)

under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020.

(1) Within excepted service

A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1).

(2) OPM consent required

An agency may not transfer any occupied position from the competitive service or excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, without the prior consent of the Director.

(3) Limit during presidential term

During any 4-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than 1 percent of the total number of employees at that agency, as of the first day of that term, or 5 employees, whichever is greater.

(4) Employee consent required

Notwithstanding any other provision of this section—

(1) Application

Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapters 73 and 74 of that title.

(2) Regulations

The Director shall issue regulations to implement this section.

(1)

the term agency means any department, agency, or instrumentality of the Federal Government;

(2)

the term competitive service has the meaning given that term in section 2102 of title 5, United States Code;

(3)

the term Director means the Director of the Office of Personnel Management; and

(4)

the term excepted service has the meaning given that term in section 2103 of title 5, United States Code.

(1) In general

This section and the amendments made by this section shall apply to any convention described in section 612(a) of title 18, United States Code, as added by subsection (a), occurring on or after the date of enactment of this Act.

(2) Travel

Nothing in this section or the amendments made by this section shall be construed to limit or otherwise prevent the President or Vice President from using vehicles (including aircraft) owned or leased by the Government for travel to or from any such convention.

(1) Covered location

The term covered location means—

(2) Covered records

The term covered records means information relating to a visit at a covered location, which shall include—

(1) In general

The President shall not include in the database established under subsection (b) any covered record—

(2) Sensitive meetings

With respect to a particularly sensitive meeting at a covered location, the President shall—

(1) In general

Any individual who is finally convicted of a covered crime for which any portion of the conduct constituting the covered crime was committed while the individual was serving or employed as the chief executive officer of any public or private non-Federal entity, without regard to whether the conduct was committed in the course of the official duties of the individual as chief executive officer, shall be ineligible for appointment to a position in the executive branch of the Federal Government.

(2) Covered crime defined

In this subsection, the term covered crime means any of the following: