This Act may be cited as the “Protecting Our Democracy Act”.

(a) Divisions.—This Act is organized into divisions as follows:

(1) Division A—Preventing Abuses of Presidential Power.

(2) Division B—Restoring Checks and Balances, Accountability, and Transparency.

(3) Division C—Defending Elections Against Foreign Interference.

(4) Division D—Severability.

(b) Table of contents.—The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

This title may be cited as the “Abuse of the Pardon Power Prevention Act”.

(a) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate; and

(B) if an investigation relates to intelligence or counterintelligence matters, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(2) COVERED OFFENSE.—The term “covered offense” means—

(A) an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target or subject;

(B) an offense under section 102 of the Revised Statutes of the United States (2 U.S.C. 192); or

(C) an offense under section 1001, 1505, 1512, or 1621 of title 18, United States Code, if the offense occurred in relation to a congressional proceeding or investigation.

(3) PARDON.—The term “pardon” includes a commutation of sentence.

(4) RELATIVE.—The term “relative” has the meaning given that term in section 3110(a) of title 5, United States Code.

(b) Submission of information.—If the President grants an individual a pardon for a covered offense, not later than 30 days after the date of such pardon—

(1) the Attorney General shall submit to the chairmen and ranking minority members of the appropriate congressional committees—

(A) 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 United States Government, relating to the offense for which the individual was so pardoned; and

(B) all materials obtained or produced by the Department of Justice in relation to the pardon; and

(2) the President shall submit to the chairmen and ranking minority members of the appropriate congressional committees all materials obtained or produced within the Executive Office of the President in relation to the pardon.

(c) Treatment of information.—Rule 6(e) of the Federal Rules of Criminal Procedure shall not be construed to prohibit the disclosure of information required under subsection (b).

Section 201 of title 18, United States Code, is amended—

(1) in subsection (a)—

(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 (3), by inserting before the period at the end the following: “, including any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve”; and

(2) in subsection (b)(3), by inserting “(including, for purposes of this paragraph, any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve)” after “corruptly gives, offers, or promises anything of value”.

If the President grants a pardon to himself or herself, the pardon—

(1) shall be void and have no effect; and

(2) shall not—

(A) deprive the courts of jurisdiction; or

(B) operate to confer on the President any legal immunity from investigation or prosecution.

This title may be cited as the “No President is Above the Law Act”.

(a) Offenses committed by the president or vice president during or prior to tenure in office.—Section 3282 of title 18, United States Code, is amended by adding at the end the following:

“(c) Offenses committed by the president or vice president during or prior to tenure in office.—In the case of any person serving as President or Vice President of the United States, the duration of that person’s tenure in office shall not be considered for purposes of any statute of limitations applicable to any Federal criminal offense committed by that person (including any offenses committed during any period of time preceding such tenure in office).”.

(b) Applicability.—The amendments made by subsection (a) shall apply to any offense committed before the date of the enactment of this section, if the statute of limitations applicable to that offense had not run as of such date.

This title may be cited as the “Foreign and Domestic Emoluments Enforcement Act”.

In this title:

(1) EMOLUMENT.—The term “emolument”—

(A) means any profit, gain, or advantage that is received directly or indirectly from—

(i) any government of a foreign country;

(ii) the Federal Government;

(iii) any State or local government; or

(iv) any instrumentality of a government described in clauses (i) through (iii); and

(B) includes a payment arising from a commercial transaction at fair market value.

(2) PERSON HOLDING ANY OFFICE OF PROFIT OR TRUST UNDER THE UNITED STATES.—The term “person holding any office of profit or trust under the United States” includes the President and the Vice President.

(3) GOVERNMENT OF A FOREIGN COUNTRY.—The term “government of a foreign country” has the meaning given the term in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611).

(a) Foreign.—Except as 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, emolument, office, or title.

(b) Domestic.—It shall be unlawful for the President to accept from the United States, or any of them, any emolument other than the compensation for his or her services as President provided for by Federal law. The prohibition under this subsection applies without regard to whether the emolument is provided directly or indirectly, and without regard to whether the emolument is provided to the President or to any private business interest of the President.

(c) Applicability.—The prohibitions under this section apply without regard to whether the present, emolument, office, or title is—

(1) provided directly or indirectly by the government of a foreign country; or

(2) provided to—

(A) the person holding any office of profit or trust under the United States; or

(B) any private business interest of the person holding any office of profit or trust under the United States.

(a) Cause of action.—The House of Representatives or the Senate may bring a civil action against any person for a violation of section 303(a).

(b) Special rules.—In any civil action described in subsection (a), the following rules shall apply:

(1) The action shall be filed in the United States District Court for the District of Columbia.

(2) The action shall be heard by a 3-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.

(c) Remedy.—If the court determines that a violation of section 303(a) has occurred, the court—

(1) shall issue an order enjoining the course of conduct found to constitute the violation; and

(2) may order, as are appropriate—

(A) the disgorgement of the value of any foreign present or emolument;

(B) 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 general fund of the Treasury;

(C) the renunciation of any office or title accepted in violation of section 303(a);

(D) a prohibition on the use or holding of such an office or title; and

(E) such other relief as the court determines appropriate.

(d) Use of Government funds prohibited.—No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or any other Government funds shall be used to pay any disgorgement imposed by the court pursuant to this section.

(a) Disclosures.—Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(9) Any present, emolument, office, or title received from a government of a foreign country, including the source, date, type, and amount or value of each present or emolument accepted on or before the date of filing during the preceding calendar year.

“(10) Each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country during the current calendar year.

“(11) With respect to a report filed by the President—

“(A) any emolument received from the United States, or any of them, other than the compensation for his or her services as President provided for by Federal law; and

“(B) any business interest that is reasonably expected to result in the receipt of any emolument from the United States, or any of them.”.

(b) Rule of construction.—Nothing in the amendments made by this section shall be construed to affect the prohibition against the acceptance of presents and emoluments under section 303.

(a) General authority.—Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1) by striking “(a) The Director” and inserting “(a)(1) The Director”; and

(2) by adding at the end the following:

“(2) The Director shall provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by that Act, including having the authority to—

“(A) issue administrative fines to individuals for violations;

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

“(C) bring civil actions to enforce such fines and orders.”.

(b) Specific authorities.—Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

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

(2) by striking the period at the end of paragraph (15) 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 referring matters to the Office of Special Counsel for investigation in accordance with section 1216(d) of title 5, United States Code.”.

Section 1216 of title 5, United States Code, is amended—

(1) in subsection (a)—

(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 section 303 of the Foreign and Domestic Emoluments Enforcement Act and paragraphs (9), (10), and (11) of section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.).”; and

(2) by adding at the end the following:

This title may be cited as the “Congressional Subpoena Compliance and Enforcement Act”.

The Congress finds as follows:

(1) As the Supreme Court of the United States has repeatedly affirmed, including in its July 9, 2020, holding in Trump v. Mazars USA, LLP., Congress’ “power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function”. Congress’ power to obtain information, including through the issuance of subpoenas and the enforcement of such subpoenas, is “ ‘broad’ and ‘indispensable’”.

(2) Congress “suffers a concrete and particularized injury when denied the opportunity to obtain information necessary” to the exercise of its constitutional functions, as the United States Court of Appeals for the District of Columbia Circuit correctly recognized in its August 7, 2020, en banc decision in Committee on the Judiciary of the United States House of Representatives v. McGahn.

(3) Accordingly, the Constitution of the United States secures to each House of Congress an inherent right to enforce its subpoenas in court. Explicit statutory authorization is not required to secure such a right of action, and the contrary holding by a divided panel of the United States Court of Appeals for the District of Columbia Circuit in Committee on the Judiciary of the United States House of Representatives v. McGahn, entered on August 31, 2020, was in error.

(a) In general.—Chapter 85 of title 28, United States Code, is amended by inserting after section 1365 the following:

(b) 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:

“1365a. Congressional actions against subpoena recipients.”.

(a) In general.—Chapter 7 of title II of the Revised Statutes of the United States (2 U.S.C. 191 et seq.) is amended—

(1) by adding at the end the following:

(2) in section 104, by striking the period at the end and inserting the following: “, or the Attorney General for the District of Columbia, in which case, notwithstanding section 23–101, District of Columbia Official Code, the offense may be prosecuted by the Attorney General for the District of Columbia, and shall be punishable by a fine of not more than $1,000 and imprisonment of not more than 12 months.”.

(b) Clerical amendment.—The table of contents for chapter 7 of title II of the Revised Statutes of the United States is amended by adding at the end the following:

“105. Response to congressional subpoenas.”.

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.

This title may be cited as the “Congressional Power of the Purse Act”.

SEC. 501. Strengthening congressional control.

SEC. 502. Strengthening congressional review.

SEC. 503. Updated authorities for and reporting by the Comptroller General.

SEC. 504. Advance congressional notification and litigation.

SEC. 505. Penalties for failure to comply with the Impoundment Control Act of 1974.

SEC. 511. Expired balance reporting in the President’s budget.

“(40) for the budget for each of fiscal years 2022 through 2026, 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 an explanation of expired balances in any Treasury Appropriation Fund Symbol or fund account that exceed the lesser of 5 percent of total appropriations made available for that account or $100,000,000.”.

SEC. 512. Canceled balance reporting in the President’s budget.

“(41) for the budget for each of fiscal years 2022 through 2026, a report—

“(A) identifying canceled balances (pursuant to section 1552(a)) for the preceding 3 fiscal years by agency and Treasury Appropriation Fund Symbol or fund account;

“(B) providing an explanation of canceled 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. 513. Lapse in appropriations reporting in the President’s budget.

“(42) 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 not less than 5 consecutive days during the preceding fiscal year; and

“(B) with respect to any such obligation or expenditure, providing—

“(i) the amount so obligated or expended, the account affected, and an explanation of which Antideficiency Act exceptions permitted the department or agency, as the case may be, to incur such obligation or expenditure; and

“(ii) an explanation of any changes in the application of any Antideficiency Act exceptions for a program, project, or activity from any explanations previously reported on pursuant to this paragraph.”.

SEC. 514. Transfer and other repurposing authority reporting in the President’s budget.

“(43) for the budget for fiscal year 2022, 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 of any use of such authority in the preceding 3 fiscal years.”.

SEC. 515. Authorizing cancellations in indefinite accounts by appropriation.

SEC. 521. Requirement to respond to requests for information from the Government Accountability Office for budget and appropriations law decisions.

SEC. 522. Reporting requirements for Antideficiency Act violations.

SEC. 523. Department of Justice reporting to Congress for Antideficiency Act violations.

SEC. 524. Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel.

(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:

(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, 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—

(1) by redesignating subsection (c) as subsection (d); and

(2) 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.”.

(d) Conforming amendments.—

(1) NATIONAL EMERGENCIES ACT.—Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed.

(2) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.—Section 207 of the International Emergency Economic Powers Act (50 U.S.C. 1706) is amended—

(A) in subsection (b), by striking “concurrent resolution” and inserting “joint resolution” each place it appears; and

(B) by adding at the end the following:

“(e) In this section, the term ‘National Emergencies Act’ means the National Emergencies Act, as in effect on the day before the date of the enactment of the Congressional Power of the Purse Act”..”.

(e) Effective date; applicability.—

(1) 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.

(2) 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 the Congressional Power of the Purse Act would expire or be renewed under section 202(d) of that Act (as in effect on the day before such date of enactment), that national emergency shall be subject to the requirements for renewal under section 202(b) of that Act, as amended by subsection (a).

Section 1105(a) of title 31, United States Code, as amended by section 514 of this Act, is further amended by adding at the end the following:

“(44) (A) a report on the proposed, planned, and actual obligations and expenditures of funds (for the prior fiscal year, the current fiscal year, and the fiscal year 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—

“(i) be organized by Treasury Appropriation Fund Symbol or fund account and by program, project, and activity; and

“(ii) 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) The report under subparagraph (A) 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.”.

(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) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees”, with respect to a Presidential emergency action document submitted under subsection (a) or (b), means—

(A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate;

(B) the Committee on Oversight and Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(C) any other committee of the Senate or the House of Representatives with jurisdiction over the subject matter addressed in the Presidential emergency action document.

(2) PRESIDENTIAL EMERGENCY ACTION DOCUMENT.—The term “Presidential emergency action document” refers to—

(A) 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

(B) any other pre-coordinated legal document in existence before, on, or after the date of the enactment of this Act, that—

(i) is designated as a Presidential emergency action document; or

(ii) is designed to implement a Presidential decision or transmit a Presidential request when an emergency disrupts normal governmental or legislative processes.

Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amended—

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

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

This title may be cited as the “Security from Political Interference in Justice Act of 2020”.

In this title:

(1) COMMUNICATIONS LOG.—The term “communications log” means the log required to be maintained under section 603(a).

(2) COVERED COMMUNICATION.—

(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 any of the following:

(i) 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:

(I) The President, the Vice President, or a member of the immediate family of the President or Vice President.

(II) Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code.

(III) The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President.

(ii) A communication that involves contact between an officer or employee of the Department of Justice and an officer or employee of the Executive Office of the President on a particular matter, if any of the President, the Vice President, the Counsel to the President, or the Principal Deputy Counsel to the President, and if any of the Attorney General, the Deputy Attorney General, or the Associate Attorney General, have designated a subordinate to carry on that 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:

(I) The President, the Vice President, or a member of the immediate family of the President or Vice President.

(II) Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code.

(III) The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President.

(iii) A communication that involves contact from or to the Deputy Counsel to the President for National Security 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 pending litigation that may have national security implications.

(iv) A communication that involves contact between the Office of the Pardon Attorney of the Department of Justice and the Counsel to the President or a Deputy Counsel to the President relating to pardon matters.

(v) 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.

(3) MEMBER OF THE IMMEDIATE FAMILY OF THE PRESIDENT OR VICE PRESIDENT.—The term “member of the immediate family of the President or Vice President” means an individual to whom the President or Vice President—

(A) is related by blood, marriage, or adoption; or

(B) stands in loco parentis.

(a) In general.—The Attorney General shall maintain a log of covered communications.

(b) Contents.—A communications log shall include, with respect to a covered communication—

(1) the name and title of each officer or 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.

(c) Oversight.—

(1) PERIODIC DISCLOSURE OF LOGS.—Not later than January 30 and July 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 6-month period preceding that January or July.

(2) NOTICE OF INAPPROPRIATE OR IMPROPER COMMUNICATIONS.—The Office of the Inspector General of the Department of Justice shall—

(A) review each communications log received under paragraph (1); and

(B) 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—

(i) is inappropriate from a law enforcement perspective; or

(ii) raises concerns about improper political interference.

Nothing in this title may be construed to affect any requirement to report under title I of this Act or an amendment made by that title.

This subtitle may be cited as the “Inspector General Independence Act”.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 3(b)—

(A) by striking “An Inspector General” and inserting “(1) An Inspector General”;

(B) by inserting after “by the President” the following: “in accordance with paragraph (2)”; and

(C) by inserting at the end the following:

“(2) The President may remove an Inspector General only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to paragraph (1)):

“(A) Documented permanent incapacity.

“(B) Documented neglect of duty.

“(C) Documented malfeasance.

“(D) Documented conviction of a felony or conduct involving moral turpitude.

“(E) Documented knowing violation of a law or regulation.

“(F) Documented gross mismanagement.

“(G) Documented gross waste of funds.

“(H) Documented abuse of authority.

“(I) Documented inefficiency.”; and

(2) in section 8G(e)(2), by adding at the end the following: “An Inspector General may be removed only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to this paragraph):

“(A) Documented permanent incapacity.

“(B) Documented neglect of duty.

“(C) Documented malfeasance.

“(D) Documented conviction of a felony or conduct involving moral turpitude.

“(E) Documented knowing violation of a law or regulation.

“(F) Documented gross mismanagement.

“(G) Documented gross waste of funds.

“(H) Documented abuse of authority.

“(I) Documented inefficiency.”.

(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:

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

“(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.”.

(c) Clerical amendments.—The table of sections at the beginning of the National Security Act of 1947 is amended by adding after the items relating to title XI the end the following:

(a) Determination.—

(1) IN GENERAL.—Title XII of the National Security Act of 1947, as added by section 711, is amended by inserting after section 1201 the following:

(2) 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 1201, as added by section 711, the following:

“Sec. 1203. Determination of matters of urgent concern.”.

(b) Conforming amendments.—

(1) INTELLIGENCE COMMUNITY.—Section 103H(k)(5)(G) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is amended by striking “In this paragraph” and inserting “In accordance with section 1203, in this paragraph”.

(2) CENTRAL INTELLIGENCE AGENCY.—Section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended by striking “In this paragraph” and inserting “In accordance with section 1203 of the National Security Act of 1947, in this paragraph”.

(c) Reports on unresolved differences.—Paragraph (3) of section 103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)) is amended by adding at the end the following:

“(C) With respect to each report submitted pursuant to subparagraph (A)(i), the Inspector General shall include in the report, at a minimum, the following:

“(i) A general description of the unresolved differences, the particular duties or responsibilities of the Inspector General involved, and, if such differences relate to a complaint or information under paragraph (5), a description of the complaint or information and the entities or individuals identified in the complaint or information.

“(ii) To the extent such differences can be attributed not only to the Director but also to any other official, department, agency, or office within the executive branch, or a component thereof, the titles of such official, department, agency, or office.”.

(d) Clarification of role of Director of National Intelligence.—Section 102A(f)(1) of such Act (50 U.S.C. 3024(f)(1)) is amended—

(1) by redesignating subparagraph (B) as subparagraph (C); and

(2) by inserting after subparagraph (A) the following:

“(B) The authority of the Director of National Intelligence under subparagraph (A) includes coordinating and supervising activities undertaken by elements of the intelligence community for the purpose of protecting the United States from any foreign interference in elections in the United States.”.

(a) Intelligence community.—Paragraph (4) of section 103H(c) of the National Security Act of 1947 (50 U.S.C. 3033(c)) is amended to read as follows:

“(4) The provisions of title XII shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title.”.

(b) Central Intelligence Agency.—Paragraph (6) of section 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)) is amended to read as follows:

“(6) The provisions of title XII of the National Security Act of 1947 shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title.”.

(c) Other elements.—

(1) IN GENERAL.—Title XII of the National Security Act of 1947, as added by section 711, is further amended by inserting after section 1203, as added by section 712(a), the following new section:

(2) 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 713, the following:

“Sec. 1205. Coordination with other provisions of law.”.

SEC. 721. Short title.

SEC. 722. Congressional notification of change in status of Inspector General.

SEC. 723. Presidential explanation of failure to nominate an Inspector General.

This subtitle may be cited as the “Whistleblower Protection Improvement Act of 2020”.

(a) Investigations as personnel actions.—

(1) IN GENERAL.—Section 2302(a)(2)(A) of title 5, United States Code, is amended—

(A) in clause (xi), by striking “and” at the end;

(B) by redesignating clause (xii) as clause (xiii); and

(C) by adding after the clause (xi) the following:

“(xii) the opening of any investigation as a result of a disclosure protected by subsection (b)(8) (but not including any investigation that is ministerial or nondiscretionary or that is conducted by an Inspector General or Special Inspector General under the authority of the Inspector General Act of 1978 (5 U.S.C. App.) or any other law granting authority to an Inspector General or Special Inspector General); and”.

(2) APPLICATION.—The amendment made by paragraph (1) shall apply to any investigation opened (as described under section 2302(a)(2)(A)(xii) of title 5, United States Code, as added by such paragraph) on or after the date of enactment of this Act.

(b) Right To petition Congress.—

(1) IN GENERAL.—Section 2302(b)(9) of title 5, United States Code, is amended—

(A) in subparagraph (C), by striking “or” at the end;

(B) in subparagraph (D), by adding “or” at the end after the semicolon; and

(C) by adding at the end the following:

“(E) the exercise of any right protected under section 7211;”.

(2) APPLICATION.—The amendment made by paragraph (1) shall apply to the exercise of any right described in section 2302(b)(9)(E) of title 5, United States Code, as added by paragraph (1), occurring on or after the date of enactment of this Act.

(c) Prohibition on disclosure of whistleblower identity.—

(1) IN GENERAL.—Section 2302 of title 5, United States Code, is amended by adding at the end the following:

“(g) (1) No employee of an agency may willfully 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 who has made, or is suspected to have made, a disclosure protected by subsection (b)(8), unless—

“(A) the other employee provides express written consent prior to the communication or transmission;

“(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.”.

(2) APPLICATION.—The amendment made by paragraph (1) shall apply to any transmission or communication described in subsection (g) of section 2302 of title 5, United States Code, as added by paragraph (1), made on or after the date of enactment of this Act.

(d) Right To petition Congress.—

(1) IN GENERAL.—Section 7211 of title 5, United States Code, is amended to read as follows:

(2) 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:

“7211. Employees’ right to petition or furnish information or respond to 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 of funds, 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) Ensuring timely relief.—

(1) INDIVIDUAL RIGHT OF ACTION.—Section 1221 of title 5, United States Code, is amended by striking “section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D),” in each instance and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g),”.

(2) STAYS.—Section 1221(c)(2) of title 5, United States Code, is amended to read as follows:

“(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate. If the stay request is denied, the employee, former employee, or applicant may, within 7 days after receiving notice of the denial, file an appeal for expedited review by the Board. The agency shall have 7 days thereafter to respond. The Board shall provide a decision not later than 21 days after receiving the appeal. During the period of appeal, both parties may supplement the record with information unavailable to them at the time the stay was first requested.”.

(3) ACCESS TO DISTRICT COURT; JURY TRIALS.—Section 1221(i) of title 5, United States Code, is amended—

(A) by striking “(i) Subsections” and inserting “(i)(1) Subsections”; and

(B) 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 which the court considers appropriate, including any relief described in subsection (g).”.

(c) 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”.

(d) Attorney fees.—Section 7703(a) of title 5, United States Code, is amended by adding at the end the following:

“(3) If an employee, former employee, or applicant for employment is the prevailing party under an appeal 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.”.

(e) Extending Whistleblower Protection Act to certain employees.—Section 2302(a)(2)(A) of title 5, United States Code, is amended in the matter following clause (xiii)—

(1) by inserting “subsection (b)(9)(A)(i), (B), (C), (D), or (E), subsection (b)(13), or subsection (g),” after “subsection (b)(8),”; and

(2) by inserting after “title 31” the following: “, a commissioned officer or applicant for employment in the Public Health Service, and a noncareer appointee in the Senior Executive Service”.

(f) Relief.—Section 7701(b)(2)(A) of title 5, United States Code, is amended by striking “upon the making of the decision” and inserting “upon making of the decision, necessary to make the employee whole as if there had been no prohibited personnel practice, including training, seniority and promotions consistent with the employee’s prior record,”.

(a) In general.—Section 7512 of title 5, United States Code, is amended—

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

(2) by striking paragraph (5) and inserting the following:

“(5) a furlough of more than 14 days but less than 30 days; and

“(6) a furlough of 13 days or less that is not due to a lapse in appropriations;”.

(b) Application.—The amendment made by subsection (a) shall apply to any furlough covered by such section 7512(5) or (6) (as amended by such subsection) occurring on or after the date of enactment of this Act.

(a) In general.—Section 2302 of title 5, United States Code, as amended by section 802(c)(1), 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) (A) Any disclosure of information by an employee or applicant for employment that the employee or applicant reasonably believes is evidence of censorship related to research, analysis, or technical information—

“(i) 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—

“(aa) any violation of law, rule, or regulation; or

“(bb) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and

“(II) such disclosure is not specifically prohibited by law or such information is not specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs; and

“(ii) 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—

“(aa) any violation of law, rule, or regulation; or

“(bb) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and

“(II) the disclosure is made to the Special Counsel, or to the Inspector General of an agency or another person designated by the head of the agency to receive such disclosures, consistent with the protection of sources and methods.

“(3) A disclosure shall not be excluded from paragraph (2) for any reason described under subsection (f)(1) or (2).

“(4) Nothing in this subsection shall be construed to imply any limitation on the protections of employees and applicants afforded by any other provision of law, 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 GENERAL.—Section 110 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) is hereby repealed.

(2) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit or otherwise affect any action under such section 110 commenced before the date of enactment of this Act or any protections afforded by such section with respect to such action.

Title 5, United States Code, is amended—

(1) in section 1212(h), by striking “or (9)” in each instance and inserting “, (b)(9), (b)(13), or (g)”;

(2) in section 1214(a)—

(A) by striking “section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D)” in each instance and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”; and

(B) in subsection (i), by striking “section 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9)” and inserting “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)”;

(3) in section 1215, by striking “section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)” in each instance and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”;

(4) in section 2302—

(A) in subsection (a)—

(i) in paragraph (1), by inserting “or (g)” after “subsection (b)”; and

(ii) in paragraph (2)(C)(i), by striking “subsection (b)(8) or section 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)”; and

(B) in subsection (c)(1)(B), by striking “paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b)” and inserting “paragraph (8), subparagraph (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (13) of subsection (b) or subsection (g)”;

(5) in section 7515(a)(2), by striking “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 inserting “or section 2302(g)” after “section 2302(b)”; and

(7) in section 7703(b)(1)(B), by striking “section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)” in each instance and inserting “section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g)”.

This subtitle may be cited as the “Merit Systems Protection Board Empowerment Act of 2020”.

Section 8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking “2003, 2004, 2005, 2006, and 2007” and inserting “2021, 2022, 2023, 2024, and 2025”.

Section 1204(e)(3) of title 5, United States Code, is amended by—

(1) striking “(3) In carrying” and inserting “(3)(A) In carrying”; and

(2) adding at the end the following:

“(B) The Office of Personnel Management and other agencies shall—

“(i) provide assistance to the Board to facilitate the conduct by the Board of surveys of employees; and

“(ii) upon request, unless otherwise prohibited by law, provide to the Board records and information concerning applicants for Federal employment.”.

Section 7701(b)(1) of title 5, United States Code, is amended to read as follows:

“(1) (A) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under section 3105 or other employee of the Board designated by the Board to hear such cases, except that any case involving—

“(i) a removal from the service shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge; and

“(ii) an alleged prohibited personnel practice in violation of section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C) or (D), or section 2302(b)(13) shall be heard by the Board or an administrative law judge or other employee of the Board designated by the Board to hear such cases who has successfully completed training regarding protections afforded by the Whistleblower Protection Act of 1989.

“(B) The Board, administrative law judge, or other employee shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.”.

(a) In general.—Title XII of the National Security Act of 1947, as added by section 711, is further amended by inserting after section 1205, as added by section 713(c), the following:

(b) Technical and clerical amendments.—

(1) TRANSFER.—The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended as follows:

(A) Section 1104 is—

(i) transferred to title XII of such Act, as added by section 711;

(ii) inserted before section 1223 of such Act, as added by this section; and

(iii) redesignated as section 1221.

(B) Section 1106 is—

(i) amended by striking “section 1104” each place it appears and inserting “section 1221”;

(ii) transferred to title XII of such Act, as added by section 711;

(iii) inserted after section 1223 of such Act, as added by this section; and

(iv) redesignated as section 1225.

(2) CLERICAL AMENDMENTS.—The table of sections at the beginning of the National Security Act of 1947 is amended—

(A) by striking the items relating to section 1104 and section 1106; and

(B) by inserting after the item relating to section 1205 the following:

(c) Definitions.—Section 3 of such Act (50 U.S.C. 3003), as amended by section 711, is further amended by adding at the end the following:

“(9) The term ‘whistleblower’ means a person who makes a whistleblower disclosure.

“(10) The term ‘whistleblower disclosure’ means a disclosure that is protected under section 1221 of this Act or section 3001(j)(1) of the 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 1221 of the National Security Act of 1947”.

(a) In general.—Title XII of the National Security Act of 1947, as added by section 711, is further amended by inserting after section 1225, as designated by section 821(b), the following:

(b) Clerical amendment.—The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1225, as added by section 821(b), the following:

“Sec. 1227. Procedures regarding disclosures to Congress.”.

(c) Conforming amendment.—Section 103H(k)(5)(D)(i) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended by adding at the end the following: “The employee may request information pursuant to section 1227 with respect to contacting such committees.”.

(a) In general.—Paragraph (3) of subsection (a) of section 1221 of the National Security Act of 1947, as designated by section 821(b)(1)(A), is amended—

(1) in subparagraph (I), by striking “; or” and inserting a semicolon;

(2) by redesignating subparagraph (J) as subparagraph (K); and

(3) by inserting after subparagraph (I) the following:

“(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 8H of the Inspector General Act of 1978 (5 U.S.C. App. 8H); or”.

(b) Applicability to detailees.—Such subsection is amended by adding at the end the following:

“(5) EMPLOYEE.—The term ‘employee’, with respect to an agency or a covered intelligence 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 (d) of such section is amended to read as follows:

“(d) 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.”.

This title may be cited as the “Accountability for Acting Officials Act”.

(a) First assistant requirements.—Section 3345 of title 5, United States Code, is amended as follows:

(1) In subsection (a)—

(A) in paragraph (1), by adding at the end before the semi-colon the following: “, but, and except as provided in subsection (e), only if the individual serving in the position of first 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”; and

(B) 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”.

(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) 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

“(2) the Senate has approved the appointment of such individual to such office.”.

(b) Qualifications.—Section 3345(b) of title 5, United States Code, is amended by adding at the end the following:

“(3) Any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection (a)(2) or (f) shall possess the qualifications (if any) set forth in law, rule, or regulation that are otherwise applicable to an individual appointed by the President, by and with the advice and consent of the Senate, to occupy such office.”.

(c) Application to individuals removed from office.—Paragraph (2) of section 3345(c) of title 5, United States Code, is amended by inserting after “the expiration of a term of office” the following: “or removal (voluntarily or involuntarily) from office”.

(d) Vacancy of Inspector General positions.—

(1) IN GENERAL.—Section 3345 of title 5, United States Code, as amended by subsection (a)(2), is further amended by adding at the end the following:

“(f) (1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346.

“(2) Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that—

“(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and

“(B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.”.

(2) APPLICATION.—The amendment made by paragraph (1) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act.

(e) Testimony of acting officials before Congress.—Section 3345 of title 5, United States Code, as amended by subsection (d)(1), is further amended by adding at the end the following:

“(g) (1) Any individual serving as an acting officer due to a vacancy to which this section applies, or any 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 House of Representatives and the Senate.

“(2) Paragraph (1) may be waived upon mutual agreement of the chairs and ranking minority members of such committees.”.

(f) Time limitation for principal officers.—Section 3346 of title 5, United States Code, is amended—

(1) in subsection (a), 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 subsection (b) of section 901 of title 31, or any other position that is within the President's cabinet 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.”.

(g) Exclusivity.—Section 3347 of title 5, United States Code, is amended—

(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.”.

(h) Reporting of vacancies.—

(1) IN GENERAL.—Section 3349 of title 5, United States Code, is amended—

(A) in subsection (a)—

(i) by striking “immediately upon” in each instance and inserting “not later than 7 days after”;

(ii) in paragraph (3), by striking “and” at the end;

(iii) in paragraph (4), by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the 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.”; and

(B) in subsection (b), by striking “immediately” and inserting “not later than 14 days after the date of such determination”.

(2) TECHNICAL CORRECTIONS.—Paragraphs (1) and (2) of subsection (b) of such section 3349 are amended to read as follows:

“(1) the Committee on Homeland Security and Governmental Affairs of the Senate;

“(2) the Committee on Oversight and Reform of the House of Representatives;”.

(i) Vacancies during presidential inaugural transitions.—Subsection (b) of section 3349a of title 5, United States Code, is amended to read as follows:

“(b) Notwithstanding section 3346 (except as 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 under 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.”.

This title may be cited as the “Hatch Act Accountability Act”.

(a) Investigations by Office of Special Counsel.—Section 1216 of title 5, United States Code, as amended by section 307, is amended—

(1) in subsection (c), by striking “(1),”; and

(2) by adding at the end the following:

“(e) (1) In addition to the authority otherwise 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 such subchapter.

“(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) Consistent with paragraph (3), 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 assess an administrative fine, not to exceed $50,000, against such political appointee.

“(2) (A) Any political appointee assessed a fine under paragraph (1) shall have the opportunity to request a hearing in a time and manner prescribed for by regulations issued by the Special Counsel.

“(B) If a political appointee assessed a fine under paragraph (1) does not request a hearing under subparagraph (A), the decision of the Special Counsel finding a violation and assessing a fine shall be considered a final decision and shall not be subject to judicial review.

“(C) If a political appointee requests a hearing under subparagraph (A), the Special Counsel shall conduct a hearing in accordance with section 554 and issue a final decision not more than 30 days after the conclusion of the hearing.

“(D) Not later than 30 days after the issuance of a final decision by the Special Counsel under subparagraph (C), the political appointee who is the subject of the final decision may file an action seeking judicial review in accordance with section 702.

“(E) Consistent with paragraph (3), the Special Counsel may file a civil action in the district courts of the United States seeking an order and such other relief as the court deems appropriate to enforce a final decision by the Special Counsel under this paragraph.

“(3) The Special Counsel may not assess an administrative fine or file a civil action to enforce a final decision of the Special Counsel under paragraph (2)—

“(A) unless no disciplinary action or civil 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).

“(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, or took no disciplinary action against the political appointee.

“(B) Not later than 14 days after receiving a written statement under subparagraph (A)—

“(i) the Special Counsel shall submit the written statement to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(ii) publish the written statement on the public website of the Office of Special Counsel.

“(5) Not later than 14 days after the date that the Special Counsel determines a political appointee has 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 Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(B) publish the report and such communications on the public website of the Office of Special Counsel.

“(6) In this subsection, the term ‘political appointee’ means any individual, other than the President and the Vice-President, employed or holding office—

“(A) in the Executive Office of the President, the Office of the Vice President, and any other office of the White House, but not including any career employee; or

“(B) in a confidential, policy-making, policy-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 of the United States).”.

(b) Clarification on application of Hatch Act to EOP and OVP employees.—Section 7322(1)(A) of title 5, United States Code, is amended by inserting after “Executive agency” the following: “, including the Executive Office of the President, the Office of the Vice President, and any other office of the White House,”.

(a) Initial notice.—

(1) IN GENERAL.—Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection:

“(j) Disclosure of reportable foreign 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.

(b) Information included on report.—

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

(A) by striking “and” at the end of paragraph (7);

(B) by striking the period at the end of paragraph (8) and inserting “; and”; and

(C) by adding at the end the following new paragraph:

“(9) for any reportable foreign contact (as defined in subsection (j)(3))—

“(A) the date, time, and location of the contact;

“(B) the date and time of when a designated official of the committee was notified of the contact;

“(C) the identity of individuals involved; and

“(D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.”.

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

(a) In general.—Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection:

“(j) Reportable foreign contacts compliance policy.—

“(1) REPORTING.—Each political committee shall establish a policy that requires all officials, employees, and agents of such committee to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made.

“(2) RETENTION AND PRESERVATION OF RECORDS.—Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years.

“(3) CERTIFICATION.—

“(A) IN GENERAL.—Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that—

“(i) the committee has in place policies that meet the requirements of paragraphs (1) and (2);

“(ii) the committee has designated an official to monitor compliance with such policies; and

“(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will—

“(I) receive notice of such policies;

“(II) be informed of the prohibitions under section 319; and

“(III) sign a certification affirming their understanding of such policies and prohibitions.

“(B) AUTHORIZED COMMITTEES.—With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).”.

(b) Effective date.—

(1) IN GENERAL.—The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election 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)).

Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs:

“(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both.

“(F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.”.

(a) In general.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 1101(a) of this Act).

(b) Elements.—Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a):

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

(2) A description of protocols and procedures developed by the Federal Bureau of Investigation 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.

(c) Congressional intelligence committees defined.—In this section, the term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

Nothing in this title or the amendments made by this title shall be construed—

(1) to impede legitimate journalistic activities; or

(2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who—

(A) resides in the United States;

(B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and 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)).

(a) Clarification of treatment of provision of certain information as contribution or donation of a thing of value.—Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end the following new subsection:

“(c) Clarification of treatment of provision of certain information as contribution or donation of a thing of value.—For purposes of this section, a ‘contribution or donation of money or other thing of value’ includes the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, regardless of whether such research, polling, or information has monetary value, except that nothing in this subsection shall be construed to treat the mere provision of an opinion about a candidate as a thing of value for purposes of this section.”.

(b) Clarification of application of foreign money ban to all contributions and donations of things of value and to all solicitations of contributions and donations of things of value.—Section 319(a) of such Act (52 U.S.C. 30121(a)) is amended—

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

(2) in paragraph (1)(B), by striking “donation” and inserting “donation of money or other thing of 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.”.

(c) Enhanced penalty for certain violations.—

(1) IN GENERAL.—Section 309(d)(1) of such Act (52 U.S.C. 30109(d)(1)), as amended by section 1103, is further amended by adding at the end the following new subparagraph:

“(G) (i) Any person who knowingly and willfully 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.

(a) Provision of information by Federal Election Commission.—Section 303 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103) is amended by adding at the end the following new subsection:

“(e) Acknowledgment of foreign money ban.—

“(1) NOTIFICATION BY COMMISSION.—Not later than 30 days after a political committee files its statement of organization under subsection (a), and biennially thereafter until the committee terminates, the Commission shall provide the committee with a written explanation of section 319.

“(2) ACKNOWLEDGMENT BY COMMITTEE.—

“(A) IN GENERAL.—Not later than 30 days after receiving the written explanation of section 319 under paragraph (1), the committee shall transmit to the Commission a signed certification that the committee has received such written explanation and has provided a copy of the explanation to all members, employees, contractors, and volunteers of the committee.

“(B) PERSON RESPONSIBLE FOR SIGNATURE.—The certification required under subparagraph (A) shall be signed—

“(i) in the case of an authorized committee of a candidate, by the candidate; or

“(ii) in the case of any other political committee, by the treasurer of the committee.”.

(b) Effective date; transition for existing committees.—

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

(2) TRANSITION FOR EXISTING COMMITTEES.—

(A) NOTIFICATION BY FEDERAL ELECTION COMMISSION.—Not later than 90 days after the date of the enactment of this Act, the Federal Election Commission shall provide each political committee under such Act with the written explanation of section 319 of such Act, as required under section 303(e)(1) of such Act (as added by subsection (a)).

(B) ACKNOWLEDGMENT BY COMMITTEE.—Not later than 30 days after receiving the written explanation under subparagraph (A), each political committee under such Act shall transmit to the Federal Election Commission the signed certification, as required under section 303(e)(2) of such Act (as added by subsection (a)).

If any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.