Protecting Our Democracy Act

This provision mandates that the Attorney General submit to Congress all materials related to an offense for which a pardon was granted, if the pardoned individual is the President, a relative, a former President, a political appointee, or a campaign employee, or if the offense was motivated by their personal interest. This aims to increase transparency and congressional scrutiny over presidential pardon decisions in sensitive cases.

This section explicitly states that a President's grant of a pardon to himself or herself is void and has no legal effect. It clarifies that such an act would not remove judicial jurisdiction or confer immunity from investigation or prosecution.

This section amends federal law to ensure that the duration of a person's tenure as President or Vice President is not counted towards any statute of limitations for federal criminal offenses committed by that person. This means the clock on prosecuting crimes would pause while they are in office, allowing for potential prosecution after they leave.

This section makes it unlawful for any person holding an office of profit or trust under the United States (including the President and Vice President) to accept any present, emolument, payment, office, or title from a foreign government without congressional consent. It clarifies that this applies whether the benefit is direct or indirect, or through a private business interest.

This section grants the Senate or House of Representatives the authority to bring a civil action against any person for violating the prohibition on foreign emoluments. Such actions would be heard by a three-judge court in the D.C. District Court, with direct appeal to the Supreme Court, and remedies could include disgorgement of funds or renunciation of titles.

This section requires the Attorney General to submit a sworn statement if the government seeks to dismiss a criminal prosecution against the President or President-elect, attesting whether the dismissal was ordered by the President or anyone acting under their direction. A three-judge court would then determine if the dismissal is appropriate, considering factors like bad faith or political motivation.

This section creates a specific cause of action for the Senate, House, or a committee to bring a civil action in federal court to enforce congressional subpoenas. It mandates expedited judicial review, allows for monetary penalties against agency heads who knowingly fail to comply (unless instructed by the President with a written basis), and requires payment of legal fees by non-government defendants who willfully fail to comply.

This section amends the Impoundment Control Act of 1974 to prevent the President from deferring or withholding budget authority during the 90-day period before its expiration. It requires that budget authority be made available in sufficient time for prudent obligation and that apportionments not include preconditions that hinder obligation.

This section introduces administrative discipline, including suspension or removal from office, for executive branch officers or employees who violate the Impoundment Control Act. It also requires immediate reporting to Congress, the Comptroller General, and relevant Inspector General of any violations, including details of the violation, responsible individuals, and disciplinary actions taken.

This section mandates that federal agencies respond to written requests for information, documentation, or views from the Comptroller General (GAO) regarding budget or appropriations law decisions within 20 days. Failure to comply allows the Comptroller General to bring a civil action in the D.C. District Court to compel production.

This section significantly reforms the National Emergencies Act. It requires congressional approval (via a joint resolution) for a national emergency declaration to remain in effect beyond 20 legislative/session days, and for its renewal annually. It also mandates that emergency powers invoked must relate to the nature of the emergency and cannot be used for programs Congress has withheld funding for. It also excludes the authority to impose duties or tariff-rate quotas under the International Emergency Economic Powers Act.

This section requires the Attorney General to maintain a log of 'covered communications' (those related to contemplated or ongoing investigations or litigation) between the Department of Justice and the Executive Office of the President. The log must include participants, topic, purpose, and necessity. Exceptions are made for certain high-level communications and national security matters, but not for cases involving the President, VP, their families, or senior campaign officials. The logs are periodically disclosed to the DOJ Inspector General, who notifies Congress of inappropriate communications.

This section expands whistleblower protections by classifying the commencement, expansion, or extension of an investigation (with exceptions) and referrals to an Inspector General as 'personnel actions' that can be retaliatory. It also prohibits willful disclosure of a whistleblower's identity to non-government officials without consent, and strengthens the right of federal employees to petition or furnish information to Congress.

This section tightens rules for acting officials. It requires a 'first assistant' to have served in that position for at least 30 days prior to a vacancy to be eligible to serve as acting head, and that the position itself be designated as 'first assistant' 30 days in advance. It also requires acting officials to possess the qualifications for the permanent role, applies the act to officials removed from office, and shortens the time limit for acting heads of major agencies to 120 days. Acting officials must also appear before Congress every 60 days.

This section expands the Office of Special Counsel's (OSC) authority to investigate Hatch Act violations by political appointees, allowing OSC to seek corrective and disciplinary action. It permits the Merit Systems Protection Board (MSPB) to impose civil penalties up to $50,000 for violations by political appointees if the President does not take action within 90 days. It also requires the President to report on disciplinary actions taken and OSC to report on investigations and communications to Congress and the public. It also introduces a criminal penalty of up to $50,000 and/or 1 year imprisonment for knowing violations.

This section extends the prohibitions on political activity under the Hatch Act (sections 7323(a) and 7324) to the President and Vice President while they are on or in any part of the White House or White House grounds regularly used for official duties. This means they would be subject to restrictions on engaging in partisan political activities in those official spaces.

This section requires all Executive agency appointees (including senior White House staff) to sign a legally binding ethics pledge. The pledge includes a lobbyist gift ban, a 2-year revolving door ban on participating in matters related to former employers/clients, and specific restrictions for former lobbyists entering government. It also imposes post-government employment restrictions, a 'golden parachute' ban on payments contingent on entering government, and a commitment to merit-based hiring.

This section requires major party candidates for President and Vice President to submit their income tax returns for the 10 most recent taxable years to the Federal Election Commission (FEC). The President and Vice President must annually submit their returns for the current and 9 preceding years. If not submitted, the FEC Chairman can request them from the Treasury Secretary. The FEC must then make these returns publicly available, with redactions for identity theft protection.

This section establishes an Inspector General (IG) for the Executive Office of the President (EOP), appointed by the President. The EOP IG would conduct audits and investigations, with some limitations on access to classified or sensitive information if the President determines it necessary. The EOP IG must submit semiannual reports to the President, who then transmits them to Congress. The Council of Inspectors General on Integrity and Efficiency will also audit the EOP IG's office annually.

This section requires political committees to notify the FBI and FEC within one week of a 'reportable foreign contact' and provide a summary. Candidates and their immediate family members, and committee officials/employees/agents, must notify their committee treasurer within 3 days. A 'reportable foreign contact' involves communication with a known or reasonably believed 'covered foreign national' that involves an offer of prohibited contributions/donations or coordination/collaboration in connection with an election. Exceptions exist for official capacity contacts by elected officials and election observation, unless prohibited disbursements are involved.

This section clarifies that the prohibition on foreign money in U.S. elections includes the provision of opposition research, polling, or other non-public information relating to a candidate, regardless of monetary value. It also strengthens the ban to cover all contributions/donations of 'things of value' and all solicitations thereof. It introduces enhanced criminal penalties for violations involving foreign governments/political parties or the provision of non-public information.

This section expands the definition of 'public communication' and 'electioneering communication' under federal election law to include 'paid internet or paid digital communication.' This extends existing disclosure and disclaimer requirements for political advertising to online platforms. It also clarifies that news stories, commentary, or editorials distributed online are exempt unless owned or controlled by a political party, committee, or candidate.

This section limits the ability to move federal positions out of the competitive service, restricting exceptions to schedules A-E as they existed on Sept 30, 2020. It requires OPM consent for agencies to transfer occupied positions into Schedule C. It also caps the number of competitive service employees an agency can transfer to the excepted service during a presidential term (1% or 5 employees, whichever is greater) and requires employee consent for such transfers.

This section prohibits national political party conventions for nominating presidential or vice-presidential candidates from being held on or in any federal property, including the White House grounds (with an exception for the second floor of the Executive Residence). Violators, including candidates or their committees, face civil penalties of fair market value or $50,000 (whichever is greater), or up to five years imprisonment, or both.

This section makes individuals finally convicted of a 'covered crime' (corruption-related offenses, copyright infringement, cybercrime, embezzlement, fraud, insider trading, wage theft, tax evasion, or comparable state offenses) ineligible for appointment to a position in the executive branch if any part of the conduct occurred while they were a chief executive officer of a non-federal entity. Individuals already serving who meet this criteria would be removed.

This section expands existing recusal requirements for executive branch officers and employees. It mandates recusal from matters affecting the financial interests of any organization for which the individual, during the 4-year period preceding their participation, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, or direct competitor. It also includes organizations in which the individual is an active participant (excluding political organizations).

This section clarifies the definition of 'official act' for bribery purposes. It states that an 'official act' means any act within the range of official duty, and any decision, recommendation, or action on any matter pending or brought before a public official in their official capacity, including pardons, commutations, or reprieves. It further clarifies that an official act can be a single act, multiple acts, or a course of conduct, and can occur whether or not it successfully achieves a desired outcome.