[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