[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 5048 Introduced in House (IH)] <DOC> 118th CONGRESS 1st Session H. R. 5048 To protect our democracy by preventing abuses of Presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 27, 2023 Mr. Schiff (for himself, Mr. Nadler, Mr. Larsen of Washington, Mr. Evans, Ms. DeLauro, Mr. Cardenas, Mr. Raskin, Ms. Brownley, Ms. Schakowsky, Mr. Himes, Mr. Boyle of Pennsylvania, Mr. Morelle, Mr. Trone, Mr. Sherman, Mr. Johnson of Georgia, Mr. Takano, Ms. Norton, Ms. Williams of Georgia, Ms. Sewell, Ms. DelBene, Ms. Barragan, Mr. Casten, Mr. Robert Garcia of California, Mr. Phillips, Ms. Tokuda, Mr. Pocan, Mr. DeSaulnier, Mr. Sarbanes, Mr. Mullin, Mr. Bera, Mr. Allred, Ms. Lofgren, Mr. Kilmer, Mr. Ivey, Ms. Clarke of New York, Mr. Gomez, Mr. Swalwell, Mr. Lieu, Mr. Goldman of New York, Ms. Wilson of Florida, Mr. Kim of New Jersey, Mr. Gallego, Mr. Connolly, Mrs. Watson Coleman, Ms. Dean of Pennsylvania, Mr. Bishop of Georgia, Ms. McCollum, Mr. Higgins of New York, Ms. Jackson Lee, Ms. Jayapal, Mr. Correa, Mr. David Scott of Georgia, Mr. Khanna, Ms. Stevens, Ms. Scanlon, Ms. Titus, Ms. Pelosi, Mr. Cohen, Mr. Blumenauer, Ms. Meng, Mr. Quigley, Ms. Porter, Ms. Balint, Ms. Eshoo, Mr. Huffman, Mr. Carter of Louisiana, Mr. Mfume, Mr. Lynch, Mr. Aguilar, Mr. Carson, Mr. Crow, Mr. McGovern, Mr. Torres of New York, Ms. Blunt Rochester, Ms. Lee of California, Mr. Deluzio, Mr. Panetta, Ms. Pingree, Ms. Strickland, Ms. Velazquez, Mr. Auchincloss, Mr. Pascrell, Ms. Garcia of Texas, Mr. Larson of Connecticut, Mr. Espaillat, Mr. Pallone, Mr. Davis of Illinois, Ms. Kelly of Illinois, Ms. Wexton, Mr. Davis of North Carolina, Ms. Escobar, Mrs. Hayes, Mrs. Beatty, Ms. Salinas, Ms. Castor of Florida, Mrs. Fletcher, Mr. Norcross, Mrs. Napolitano, Ms. Sanchez, Mr. Beyer, Mr. Scott of Virginia, Ms. Brown, Mr. Neguse, Ms. Jacobs, Ms. Tlaib, Mr. Levin, Mr. Grijalva, and Mr. Tonko) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committees on the Judiciary, House Administration, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To protect our democracy by preventing abuses of Presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Democracy Act''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (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--Miscellaneous. (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. DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER TITLE I--ABUSE OF THE PARDON POWER PREVENTION Sec. 101. Short title. Sec. 102. Congressional oversight relating to certain pardons. Sec. 103. Bribery in connection with pardons and commutations. Sec. 104. Prohibition on presidential self-pardon. TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW Sec. 201. Short title. Sec. 202. Tolling of statute of limitations. Sec. 203. Contracts by the President, the Vice President, or a Cabinet member. Sec. 204. Forfeiture of benefits for former Presidents convicted of a felony. TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES OF THE CONSTITUTION Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Prohibition on acceptance of foreign and domestic emoluments. Sec. 304. Civil actions by Congress concerning foreign emoluments. Sec. 305. Disclosures concerning foreign and domestic emoluments. Sec. 306. Enforcement authority of the Director of the Office of Government Ethics. Sec. 307. Jurisdiction of the Office of Special Counsel. Sec. 308. Rulemaking for ethics requirements for legal expense funds. Sec. 309. Limitations and disclosure of certain donations to, and disbursements by, inaugural committees. DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND TRANSPARENCY TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Enforcement of congressional subpoenas. Sec. 404. Compliance with congressional subpoenas. Sec. 405. Rule of construction. Sec. 406. Enforcement of requests for information from certain committees of Congress. TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE Sec. 500. Short title. Subtitle A--Strengthening Congressional Control and Review To Prevent Impoundment 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. Subtitle B--Strengthening Transparency and Reporting Part 1--Funds Management and Reporting to the Congress Sec. 511. Expired balance reporting in the President's budget. Sec. 512. Cancelled balance reporting in the President's budget. Sec. 513. Lapse in appropriations--reporting in the President's budget. Sec. 514. Transfer and other repurposing authority reporting in the President's budget. Sec. 515. Authorizing cancellations in indefinite accounts by appropriation. Part 2--Empowering Congressional Review Through Nonpartisan Congressional Agencies and Transparency Initiatives Sec. 521. Requirement to respond to requests for information from the Comptroller General 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. Sec. 525. Treatment of requests for information from Members of Congress. Subtitle C--Strengthening Congressional Role in and Oversight of Emergency Declarations and Designations Sec. 531. Improving checks and balances on the use of the National Emergencies Act. Sec. 532. National Emergencies Act declaration spending reporting in the President's budget. Sec. 533. Disclosure to Congress of presidential emergency action documents. Sec. 534. Congressional designations. TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Communications logs. Sec. 604. Rule of construction. TITLE VII--PROTECTING WHISTLEBLOWERS Subtitle A--Whistleblower Protection Improvement Sec. 701. Short title. Sec. 702. Additional whistleblower protections. Sec. 703. Enhancement of whistleblower protections. Sec. 704. Classifying certain furloughs as adverse personnel actions. Sec. 705. Codification of protections for disclosures of censorship related to research, analysis, or technical information. Sec. 706. Title 5 technical and conforming amendments. Subtitle B--Whistleblowers of the Intelligence Community Sec. 711. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints. Sec. 712. Disclosures to Congress. Sec. 713. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. TITLE VIII--ACCOUNTABILITY FOR ACTING OFFICIALS Sec. 801. Short title. Sec. 802. Clarification of Federal Vacancies Reform Act of 1998. TITLE IX--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES Subtitle A--Strengthening Hatch Act Enforcement and Penalties Sec. 901. Short title. Sec. 902. Strengthening Hatch Act enforcement and penalties against political appointees. Sec. 903. Including Executive Office of the President under limitation on nepotism in the civil service. Sec. 904. Disclosure of Hatch Act investigations for certain political employees. Sec. 905. Clarification on candidates visiting Federal property. Sec. 906. Applying Hatch Act to President and Vice President while on Federal property. Sec. 907. Granting the Office of Special Counsel rulemaking authority. Sec. 908. Greater accountability for political appointees. Sec. 909. Investigating former political employees. Sec. 910. GAO review of reimbursable political events. Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal Executive Employees Sec. 911. Definitions. Sec. 912. Ethics pledge. Sec. 913. Waivers. Sec. 914. Administration. Sec. 915. Enforcement. Sec. 916. General provisions. TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 1001. Presidential and Vice Presidential tax transparency. DIVISION C--MISCELLANEOUS TITLE XI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS Sec. 1101. Federal campaign reporting of foreign contacts. Sec. 1102. Federal campaign foreign contact reporting compliance system. Sec. 1103. Criminal penalties. Sec. 1104. Report to congressional intelligence committees. Sec. 1105. Rule of construction. TITLE XII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS Sec. 1201. Clarification of application of foreign money ban. Sec. 1202. Requiring acknowledgment of foreign money ban by political committees. Sec. 1203. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. TITLE XIII--HONEST ADS Sec. 1301. Short title. Sec. 1302. Purpose. Sec. 1303. Sense of Congress. Sec. 1304. Expansion of definition of public communication. Sec. 1305. Expansion of definition of electioneering communication. Sec. 1306. Application of disclaimer statements to online communications. Sec. 1307. Political record requirements for online platforms. Sec. 1308. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 1309. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. TITLE XIV--PREVENTING A PATRONAGE SYSTEM Sec. 1401. Short title. Sec. 1402. Limitations on excepting positions from competitive service and transferring positions. TITLE XV--USE OF FEDERAL PROPERTY; VISITOR RECORDS Sec. 1501. Prohibition on use of Federal property for political conventions. Sec. 1502. Improving access to influential visitor access records. DIVISION D--SEVERABILITY TITLE XVI--SEVERABILITY Sec. 1601. Severability. DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER TITLE I--ABUSE OF THE PARDON POWER PREVENTION SEC. 101. SHORT TITLE. This title may be cited as the ``Abuse of the Pardon Power Prevention Act''. SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN PARDONS. (a) Submission of Information.--Not later than 30 days after the date on which the President grants an individual a pardon for a covered offense, the Attorney General shall submit to the chair and ranking member of each appropriate congressional committee-- (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. (b) Treatment of Information.--Rule 6(e) of the Federal Rules of Criminal Procedure may not be construed to prohibit the disclosure of information required by subsection (a) of this section. (c) Definitions.--In this section: (1) Appropriate congressional committee.--The term ``appropriate congressional committee'' means-- (A) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (B) if an investigation relates to intelligence or counterintelligence matters, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered offense.--The term ``covered offense'' means-- (A) an offense against the United States that arises from an investigation in which a target or subject is-- (i) the President; (ii) a relative of the President; (iii) any individual who is serving or previously served as a political appointee (as defined in section 1216(f)(6) of title 5, United States Code, as added by title IX of this Act) under the President; (iv) any individual who was an employee of an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(6))) of the President for any election to the office of President; or (v) in the case of an offense motivated by a direct and significant personal or pecuniary interest of any individual described in clause (i), (ii), (iii), or (iv), any person or entity; (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'', with respect to the President, means-- (A) a family member (as defined in section 1635.3(a) of title 29, Code of Federal Regulations, or any successor regulation) of the President who is a first-degree relative, second-degree relative, or third-degree relative (as those terms are defined in such section 1635.3(a) or any successor regulation) of the President; or (B) a spouse of a family member described in subparagraph (A). SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS. 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''. SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON. The President's grant of a pardon to himself or herself is void and of no effect, and shall not deprive the courts of jurisdiction, or operate to confer on the President any legal immunity from investigation or prosecution. TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW SEC. 201. SHORT TITLE. This title may be cited as the ``No President Is Above the Law Act''. SEC. 202. TOLLING OF STATUTE OF LIMITATIONS. (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 amendment made by subsection (a) shall apply to any offense committed