Protecting Our Democracy Act

I 116TH CONGRESS 2D SESSION H. R. 8363 To protect our democracy by preventing abuses of presidential power, restor- ing checks and balances and accountability and transparency in govern- ment, and defending elections against foreign interference, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 23, 2020 Mr. SCHIFF (for himself, Mr. NADLER, Mrs. CAROLYN B. MALONEY of New York, Mr. YARMUTH, Ms. LOFGREN, Mr. ENGEL, Mr. NEAL, Mr. COHEN, Mr. CONNOLLY, Ms. DEAN, Mr. JEFFRIES, Mr. TED LIEU of California, Ms. PORTER, Mr. RASKIN, Ms. SCANLON, Ms. SPEIER, and Mr. SWALWELL of California) introduced the following bill; which was re- ferred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastruc- ture, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently deter- mined 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 presi- dential power, restoring checks and balances and ac- countability and transparency in government, and de- fending elections against foreign interference, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8363 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting Our Democ- 2 racy Act’’. 3 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 4 CONTENTS. 5 (a) DIVISIONS.—This Act is organized into divisions 6 as follows: 7 (1) Division A—Preventing Abuses of Presi- 8 dential Power. 9 (2) Division B—Restoring Checks and Bal- 10 ances, Accountability, and Transparency. 11 (3) Division C—Defending Elections Against 12 Foreign Interference. 13 (4) Division D—Severability. 14 (b) TABLE OF CONTENTS.—The table of contents of 15 this Act is as follows: 16 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. TITLE III—ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES OF THE CONSTITUTION Sec. 301. Short title. Sec. 302. Definitions. VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8363 IH 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. 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. 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 Govern- ment 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 Depart- ment of Justice Office of Legal Counsel. Subtitle C—Strengthening Congressional Role in and Oversight of Emergency Declarations and Designations VerDate Sep 11 2014 22:17 Oct 14, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8363 IH Sec. 531. Improving checks and balances on the use of the National Emer- gencies 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. Emergency and overseas contingency operations designations by Con- gress in statute. 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 INSPECTOR GENERAL INDEPENDENCE Subtitle A—Requiring Cause for Removal Sec. 701. Short title. Sec. 702. Amendment. Subtitle B—Inspectors General of Intelligence Community Sec. 711. Independence of Inspectors General of the Intelligence Community. Sec. 712. Authority of Inspectors General of the Intelligence Community to de- termine matters of urgent concern. Sec. 713. Conforming amendments and coordination with other provisions of law. Subtitle C—Congressional Notification 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. TITLE VIII—PROTECTING WHISTLEBLOWERS Subtitle A—Whistleblower Protection Improvement Sec. 801. Short title. Sec. 802. Additional whistleblower protections. Sec. 803. Enhancement of whistleblower protections. Sec. 804. Classifying certain furloughs as adverse personnel actions. Sec. 805. Codification of protections for disclosures of censorship related to re- search, analysis, or technical information. Sec. 806. Technical and conforming amendments. Subtitle B—Reauthorization of Merit Systems Protection Board Sec. 811. Short title. Sec. 812. Reauthorization of Merit Systems Protection Board. Sec. 813. Authorization of Federal employee surveys for merit systems studies. Sec. 814. Whistleblower training for MSPB administrative judges. Subtitle C—Whistleblowers of the Intelligence Community VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8363 IH Sec. 821. Limitation on sharing of intelligence community whistleblower com- plaints with persons named in such complaints. Sec. 822. Disclosures to Congress. Sec. 823. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. TITLE IX—ACCOUNTABILITY FOR ACTING OFFICIALS Sec. 901. Short title. Sec. 902. Clarification of Federal Vacancies Reform Act of 1998. TITLE X—STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES Sec. 1001. Short title. Sec. 1002. Strengthening Hatch Act enforcement and penalties against political appointees. DIVISION C—DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE 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 com- mittees. DIVISION D—SEVERABILITY TITLE XIII—SEVERABILITY Sec. 1301. Severability. VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8363 IH DIVISION A—PREVENTING 1 ABUSES OF PRESIDENTIAL 2 POWER 3 TITLE I—ABUSE OF THE PARDON 4 POWER PREVENTION 5 SEC. 101. SHORT TITLE. 6 This title may be cited as the ‘‘Abuse of the Pardon 7 Power Prevention Act’’. 8 SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CER- 9 TAIN PARDONS. 10 (a) SUBMISSION OF INFORMATION.—In the event 11 that the President grants an individual a pardon for a cov- 12 ered offense, not later than 30 days after the date of such 13 pardon— 14 (1) the Attorney General shall submit to the 15 chairmen and ranking minority members of the ap- 16 propriate congressional committees— 17 (A) all materials obtained or produced by 18 the prosecution team, including the Attorney 19 General and any United States Attorney, and 20 all materials obtained or prepared by any inves- 21 tigative agency of the United States govern- 22 ment, relating to the offense for which the indi- 23 vidual was so pardoned; and 24 VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8363 IH (B) all materials obtained or produced by 1 the Department of Justice in relation to the 2 pardon; and 3 (2) the President shall submit to the chairmen 4 and ranking minority members of the appropriate 5 congressional committees all materials obtained or 6 produced within the Executive Office of the Presi- 7 dent in relation to the pardon. 8 (b) TREATMENT OF INFORMATION.—Rule 6(e) of the 9 Federal Rules of Criminal Procedure may not be con- 10 strued to prohibit the disclosure of information required 11 by subsection (a) of this section. 12 (c) DEFINITIONS.—In this section: 13 (1) The term ‘‘appropriate congressional com- 14 mittees’’ means— 15 (A) the Committee on the Judiciary of the 16 House of Representatives and the Committee 17 on the Judiciary of the Senate; and 18 (B) if an investigation relates to intel- 19 ligence or counterintelligence matters, the Per- 20 manent Select Committee on Intelligence of the 21 House of Representatives and the Select Com- 22 mittee on Intelligence of the Senate. 23 (2) The term ‘‘covered offense’’ means— 24 VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8363 IH (A) an offense against the United States 1 that arises from an investigation in which the 2 President, or a relative of the President, is a 3 target or subject; 4 (B) an offense under section 192 of title 2, 5 United States Code; or 6 (C) an offense under section 1001, 1505, 7 1512, or 1621 of title 18, United States Code, 8 provided that the offense occurred in relation to 9 a Congressional proceeding or investigation. 10 (3) The term ‘‘pardon’’ includes a commutation 11 of sentence. 12 (4) The term ‘‘relative’’ has the meaning given 13 that term in section 3110(a) of title 5, United 14 States Code. 15 SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND 16 COMMUTATIONS. 17 Section 201 of title 18, United States Code, is 18 amended— 19 (1) in subsection (a)— 20 (A) in paragraph (1), by inserting ‘‘, in- 21 cluding the President and the Vice President of 22 the United States,’’ after ‘‘or an officer or em- 23 ployee or person’’; and 24 VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8363 IH (B) in paragraph (3), by inserting before 1 the period at the end the following: ‘‘, including 2 any pardon, commutation, or reprieve, or an 3 offer of any such pardon, commutation, or re- 4 prieve’’; and 5 (2) in subsection (b)(3), by inserting ‘‘(includ- 6 ing, for purposes of this paragraph, any pardon, 7 commutation, or reprieve, or an offer of any such 8 pardon, commutation, or reprieve)’’ after ‘‘corruptly 9 gives, offers, or promises anything of value’’. 10 SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON. 11 The President’s grant of a pardon to himself or her- 12 self is void and of no effect, and shall not deprive the 13 courts of jurisdiction, or operate to confer on the Presi- 14 dent any legal immunity from investigation or prosecution. 15 TITLE II—ENSURING NO 16 PRESIDENT IS ABOVE THE LAW 17 SEC. 201. SHORT TITLE. 18 This title may be cited as the ‘‘No President is Above 19 the Law Act’’. 20 SEC. 202. TOLLING OF STATUTE OF LIMITATIONS. 21 (a) OFFENSES COMMITTED BY THE PRESIDENT OR 22 VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF- 23 FICE.—Section 3282 of title 18, United States Code, is 24 amended by adding at the end the following: 25 VerDate Sep 11 2014 23:08 Oct 10, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8363.IH H8363 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8363 IH ‘‘(c) OFFENSES COMMITTED BY THE PRESIDENT OR 1 VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF- 2 FICE.—In the case of any person serving as President or 3 Vice President of the United States, the duration of that 4 person’s tenure in office shall not be considered for pur- 5 poses of any statute of limitations applicable to any Fed- 6 eral criminal offense committed by that person (including 7 any offenses committed during any period of time pre- 8 ceding such tenure in office).’’. 9 (b) APPLICABILITY.—The amendments made by sub- 10 section (a) shall apply to any offense committed before the 11 date of the enactment of this section, if the statute of limi- 12 tations applicable to that offense had not run as of such 13 date. 14 TITLE III—ENFORCEMENT OF 15 THE FOREIGN AND DOMESTIC 16 EMOLUMENTS CLAUSES OF 17 THE CONSTITUTION 18 SEC. 301. SHORT TITLE. 19 This title may be cited as the ‘‘Foreign and Domestic 20 Emoluments Enforcement Act’’. 21 SEC. 302. DEFINITIONS. 22 In this title: 23 (1) The term ‘‘emolument’’ means any profit, [Text truncated for display. Full text available on Congress.gov.]