[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2838 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2838
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 SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2025
Mr. Schiff (for himself, Ms. Klobuchar, Mr. Kim, Mr. Blumenthal, Mr.
Padilla, Mr. Gallego, Ms. Alsobrooks, Mr. Sanders, and Ms. Hirono)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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 XI--ABUSE OF THE PARDON POWER PREVENTION
Sec. 1101. Short title.
Sec. 1102. Congressional oversight relating to certain pardons.
Sec. 1103. Bribery in connection with pardons and commutations.
Sec. 1104. Prohibition on presidential self-pardon.
Sec. 1105. Financial disclosure reports by pardon recipients.
TITLE XII--ENSURING NO PRESIDENT IS ABOVE THE LAW
Sec. 1201. Short title.
Sec. 1202. Tolling of statute of limitations.
Sec. 1203. Contracts by the President, the Vice President, or a cabinet
member.
Sec. 1204. Forfeiture of benefits for former Presidents convicted of a
felony.
TITLE XIII--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES
OF THE CONSTITUTION
Sec. 1301. Short title.
Sec. 1302. Definitions.
Sec. 1303. Prohibition on acceptance of foreign and domestic
emoluments.
Sec. 1304. Civil actions by Congress concerning foreign emoluments.
Sec. 1305. Disclosures concerning foreign and domestic emoluments.
Sec. 1306. Enforcement authority of the Director of the Office of
Government Ethics.
Sec. 1307. Jurisdiction of the Office of Special Counsel.
Sec. 1308. Rulemaking for ethics requirements for legal expense funds.
Sec. 1309. Limitations and disclosure of certain donations to, and
disbursments by, Inaugural Committees.
TITLE XIV--INVESTIGATIVE INTEGRITY PROTECTION
Sec. 1401. Short title.
Sec. 1402. Presidential oversight of Attorney General.
DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND
TRANSPARENCY
TITLE XXI--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
Sec. 2101. Short title.
Sec. 2102. Enforcement of congressional subpoenas.
Sec. 2103. Compliance with congressional subpoenas.
Sec. 2104. Rule of construction.
Sec. 2105. Enforcement of requests for information from certain
committees of Congress.
TITLE XXII--REASSERTING CONGRESSIONAL POWER OF THE PURSE
Sec. 2201. Short title.
Subtitle A--Strengthening Congressional Control and Review To Prevent
Impoundment
Sec. 2221. Strengthening congressional control.
Sec. 2222. Strengthening congressional review.
Sec. 2223. Updated authorities for and reporting by the Comptroller
General.
Sec. 2224. Advance congressional notification and litigation.
Sec. 2225. 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. 2241. Expired balance reporting in the President's budget.
Sec. 2242. Cancelled balance reporting in the President's budget.
Sec. 2243. Lapse in appropriations--reporting in the President's
budget.
Sec. 2244. Transfer and other repurposing authority reporting in the
President's budget.
PART 2--Empowering Congressional Review Through Nonpartisan
Congressional Agencies and Transparency Initiatives
Sec. 2251. Requirement to respond to requests for information from the
Comptroller General for budget and
appropriations law decisions.
Sec. 2252. Reporting requirements for Antideficiency Act violations.
Sec. 2253. Department of Justice reporting to Congress for
Antideficiency Act violations.
Sec. 2254. Publication of budget or appropriations law opinions of the
Department of Justice Office of Legal
Counsel.
Sec. 2255. Treatment of requests for information from Members of
Congress.
Subtitle C--Strengthening Congressional Role in and Oversight of
Emergency Declarations and Designations
Sec. 2261. Improving checks and balances on the use of the National
Emergencies Act.
Sec. 2262. National Emergencies Act declaration spending reporting in
the President's budget.
Sec. 2263. Disclosure to Congress of presidential emergency action
documents.
Sec. 2264. Congressional designations.
TITLE XXIII--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE
Sec. 2301. Short title.
Sec. 2302. Definitions.
Sec. 2303. Communications logs.
Sec. 2304. Rule of construction.
TITLE XXIV--PROTECTING WHISTLEBLOWERS
Sec. 2401. Short title.
Subtitle A--Whistleblower Protection Improvement
Sec. 2421. Additional whistleblower protections.
Sec. 2422. Enhancement of whistleblower protections.
Sec. 2423. Classifying certain furloughs as adverse personnel actions.
Sec. 2424. Codification of protections for disclosures of censorship
related to research, analysis, or technical
information.
Sec. 2425. Title 5 technical and conforming amendments.
Subtitle B--Whistleblowers of the Intelligence Community
Sec. 2441. Limitation on sharing of intelligence community
whistleblower complaints with persons named
in such complaints.
Sec. 2442. Disclosures to Congress.
Sec. 2443. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
TITLE XXV--ACCOUNTABILITY FOR ACTING OFFICIALS
Sec. 2501. Short title.
Sec. 2502. Clarification of Federal Vacancies Reform Act of 1998.
TITLE XXVI--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES
Sec. 2601. Short title.
Subtitle A--Strengthening Hatch Act Enforcement and Penalties
Sec. 2621. Strengthening Hatch Act enforcement and penalties against
political appointees.
Sec. 2622. Including Executive Office of the President under limitation
on nepotism in the civil service.
Sec. 2623. Disclosure of Hatch Act investigations for certain political
employees.
Sec. 2624. Clarification on candidates visiting Federal property.
Sec. 2625. Applying Hatch Act to President and Vice President while on
Federal property.
Sec. 2626. Granting the Office of Special Counsel rulemaking authority.
Sec. 2627. Greater accountability for political appointees.
Sec. 2628. Investigating former political employees.
Sec. 2629. GAO review of reimbursable political events.
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal
Executive Employees
Sec. 2641. Definitions.
Sec. 2642. Ethics pledge.
Sec. 2643. Waivers.
Sec. 2644. Administration.
Sec. 2645. Enforcement.
Sec. 2646. General provisions.
TITLE XXVII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 2701. Presidential and vice presidential tax transparency.
TITLE XXVIII--BRINGING EXECUTIVE ACCOUNTABILITY, CLARITY, AND OVERSIGHT
Sec. 2801. Short title.
Sec. 2802. Office of Inspector General in the Executive Office of the
President.
DIVISION C--MISCELLANEOUS
TITLE XXXI--REPORTING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 3101. Federal campaign reporting of foreign contacts.
Sec. 3102. Federal campaign foreign contact reporting compliance
system.
Sec. 3103. Criminal penalties.
Sec. 3104. Report to congressional intelligence committees.
Sec. 3105. Rule of construction.
TITLE XXXII--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS
Sec. 3201. Clarification of application of foreign money ban.
Sec. 3202. Requiring acknowledgment of foreign money ban by political
committees.
Sec. 3203. Prohibition on contributions and donations by foreign
nationals in connections with ballot
initiatives and referenda.
TITLE XXXIII--HONEST ADS
Sec. 3301. Short title.
Sec. 3302. Expansion of definition of public communication.
Sec. 3303. Expansion of definition of electioneering communication.
Sec. 3304. Application of disclaimer statements to online
communications.
Sec. 3305. Political record requirements for online platforms.
Sec. 3306. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 3307. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
TITLE XXXIV--PREVENTING A PATRONAGE SYSTEM
Sec. 3401. Short title.
Sec. 3402. Limitations on excepting positions from competitive service
and transferring positions.
TITLE XXXV--USE OF FEDERAL PROPERTY; VISITOR RECORDS
Sec. 3501. Prohibition on use of Federal property for political
conventions.
Sec. 3502. Improving access to influential visitor access records.
TITLE XXXVI--NO CORPORATE CROOKS
Sec. 3601. Short title.
Sec. 3602. Restriction on service in the executive branch.
TITLE XXXVII--RECUSAL OF EXECUTIVE BRANCH OFFICERS AND EMPLOYEES
Sec. 3701. Short title.
Sec. 3702. Recusal of executive branch officers and employees in
matters affecting financial interests of
previous employers.
TITLE XXXVIII--CLARIFICATION OF DEFINITION OF OFFICIAL ACT
Sec. 3801. Short title.
Sec. 3802. Clarification of definition of official act.
DIVISION D--SEVERABILITY
TITLE XLI--SEVERABILITY
Sec. 4101. Severability.
DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER
TITLE XI--ABUSE OF THE PARDON POWER PREVENTION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Abuse of the Pardon Power
Prevention Act''.
SEC. 1102. 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) a former President;
(iv) 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 XXVI of
this Act) under the President;
(v) 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
(vi) 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), (iv), or (v), 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
a 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. 1103. 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 (2)--
(i) by striking ``means any person'' and
inserting the following: means-- ``
``(A) any person'';
(ii) by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(B) any person who is an apparent successful
candidate for the office of President, as determined
under section 3(c) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277) and has
not yet assumed the office of President; and
``(C) any person who is an apparent successful
candidate for the office of Vice President, as
determined under section 3(c) of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law
88-277) and has not yet assumed the office of Vice
President; and''; 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. 1104. 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.
SEC. 1105. FINANCIAL DISCLOSURE REPORTS BY PARDON RECIPIENTS.
(a) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an individual who is granted a pardon by the President on
or after the date of enactment of this Act.
(2) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(3) Gift.--The term ``gift''--
(A) has the meaning given the term in section
2635.203(b) of title 5, Code of Federal Regulations, as
in effect on the date of enactment of this Act; and
(B) includes any gift that is solicited or accepted
indirectly, as defined in section 2635.203(f) of title
5, Code of Federal Regulations, as in effect on the
date of enactment of this Act.
(4) Pardon.--The term ``pardon'' includes a commutation of
a sentence.
(b) Requirement.--
(1) In general.--
(A) Submissions through online portal.-