[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