116 S2921 IS: Protecting Our Democracy Act U.S. Senate 2021-09-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2921IN THE SENATE OF THE UNITED STATESSeptember 30, 2021Ms. Klobuchar (for herself, Mr. Blumenthal, Mr. Coons, Mrs. Feinstein, Ms. Hirono, Mr. Merkley, Mr. Sanders, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo 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.

1.

Short title

This Act may be cited as the Protecting Our Democracy Act.

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—Defending Elections Against Foreign Interference.(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 PowerTITLE I—Abuse of the Pardon Power PreventionSec. 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 LawSec. 201. Short title.Sec. 202. Tolling of statute of limitations.TITLE III—Enforcement of the Foreign and Domestic Emoluments Clauses of the ConstitutionSec. 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.DIVISION B—Restoring Checks and Balances, Accountability, and TransparencyTITLE IV—Enforcement of congressional subpoenasSec. 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 PurseSec. 500. Short title.Subtitle A—Strengthening Congressional Control and Review To Prevent ImpoundmentSec. 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 ReportingPART 1—Funds Management and Reporting to the CongressSec. 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 InitiativesSec. 521. Requirement to respond to requests for information from the Government 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 Department of Justice Office of Legal Counsel.Subtitle C—Strengthening Congressional Role in and Oversight of Emergency Declarations and DesignationsSec. 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. Emergency and overseas contingency operations designations by Congress in statute.TITLE VI—Security from Political Interference in JusticeSec. 601. Short title.Sec. 602. Definitions.Sec. 603. Communications logs.Sec. 604. Rule of construction.TITLE VII—Protecting Inspector General IndependenceSubtitle A—Requiring Cause for RemovalSec. 701. Short title.Sec. 702. Amendment.Sec. 703. Removal or transfer requirements.Subtitle B—Inspectors General of Intelligence CommunitySec. 711. Independence of Inspectors General of the Intelligence Community.Sec. 712. Authority of Inspectors General of the Intelligence Community to determine matters of urgent concern.Sec. 713. Conforming amendments and coordination with other provisions of law.Subtitle C—Congressional NotificationSec. 721. Short title.Sec. 722. Change in status of Inspector General offices.Sec. 723. Presidential explanation of failure to nominate an Inspector General.TITLE VIII—Protecting WhistleblowersSec. 801. Short title.Subtitle A—Whistleblower Protection ImprovementSec. 811. Additional whistleblower protections.Sec. 812. Enhancement of whistleblower protections.Sec. 813. Classifying certain furloughs as adverse personnel actions.Sec. 814. Codification of protections for disclosures of censorship related to research, analysis, or technical information.Sec. 815. Title 5 technical and conforming amendments.Subtitle B—Whistleblowers of the Intelligence CommunitySec. 821. Limitation on sharing of intelligence community whistleblower complaints 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 OfficialsSec. 901. Short title.Sec. 902. Clarification of Federal Vacancies Reform Act of 1998.TITLE X—Strengthening Hatch Act Enforcement and PenaltiesSec. 1001. Short title.Sec. 1002. Strengthening Hatch Act enforcement and penalties against political appointees.TITLE XI—Promoting Efficient Presidential TransitionsSec. 1101. Short title.Sec. 1102. Ascertainment of successful candidates in general elections for purposes of presidential transition.TITLE XII—Presidential and Vice Presidential Tax TransparencySec. 1201. Presidential and Vice Presidential tax transparency.DIVISION C—Defending Elections Against Foreign InterferenceTITLE XIII—Reporting Foreign Interference in ElectionsSec. 1301. Federal campaign reporting of foreign contacts.Sec. 1302. Federal campaign foreign contact reporting compliance system.Sec. 1303. Criminal penalties.Sec. 1304. Report to congressional intelligence committees.Sec. 1305. Rule of construction.TITLE XIV—Eliminating Foreign Interference in ElectionsSec. 1401. Clarification of application of foreign money ban.Sec. 1402. Requiring acknowledgment of foreign money ban by political committees.DIVISION D—SeverabilityTITLE XV—SeverabilitySec. 1501. Severability.

A

Preventing Abuses of Presidential Power

B

Restoring Checks and Balances, Accountability, and Transparency

.(b)

Definition

Section 3 of such Act (50 U.S.C. 3003) is amended by adding at the end the following new paragraph:(8)The term covered Inspector General means each of the following:(A)The Inspector General of the Intelligence Community.(B)The Inspector General of the Central Intelligence Agency.(C)The Inspector General of the Defense Intelligence Agency.(D)The Inspector General of the National Reconnaissance Office.(E)The Inspector General of the National Geospatial-Intelligence Agency. (F)The Inspector General of the National Security Agency..(c)

Clerical amendments

The table of sections at the beginning of the National Security Act of 1947 is amended by adding after the items relating to title XI the end the following new items:Title XII—Matters Regarding Inspectors General of Elements of the Intelligence CommunitySubtitle A—Inspectors GeneralSec. 1201. Independence of Inspectors General..

712.

Authority of Inspectors General of the Intelligence Community to determine matters of urgent concern

(a)

Determination

(1)

In general

Title XII of the National Security Act of 1947, as added by section 711, is amended by inserting after section 1201 the following new section:

1203.

Determination of matters of urgent concern

(a)

Determination

(1)

In general

Each covered Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern.(2)

Finality

A determination described in paragraph (1) is final and conclusive.(b)

Foreign interference in elections

In addition to any other matter which is considered an urgent concern pursuant to section 103H(k)(5)(G), section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or other applicable provision of law, the term urgent concern includes a serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to foreign interference in elections in the United States.

.(2)

Clerical amendment

The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1201, as added by section 711, the following new item:Sec. 1203. Determination of matters of urgent concern..(b)

Conforming amendments

(1)

Intelligence community

Section 103H(k)(5)(G) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is amended by striking In this paragraph and inserting In accordance with section 1203, in this paragraph.(2)

Central Intelligence Agency

Section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended by striking In this paragraph and inserting In accordance with section 1203 of the National Security Act of 1947, in this paragraph.(c)

Reports on unresolved differences

Paragraph (3) of section 103H(k) of the National Security Act of 1947 (50 U.S.C. 3033(k)) is amended by adding at the end the following new subparagraph:(C)With respect to each report submitted pursuant to subparagraph (A)(i), the Inspector General shall include in the report, at a minimum—(i)a general description of the unresolved differences, the particular duties or responsibilities of the Inspector General involved, and, if such differences relate to a complaint or information under paragraph (5), a description of the complaint or information and the entities or individuals identified in the complaint or information; and(ii)to the extent such differences can be attributed not only to the Director but also to any other official, department, agency, or office within the executive branch, or a component thereof, the titles of such official, department, agency, or office..(d)

Clarification of role of Director of National Intelligence

Section 102A(f)(1) of such Act (50 U.S.C. 3024(f)(1)) is amended—(1)by redesignating subparagraph (B) as subparagraph (C); and(2)by inserting after subparagraph (A) the following new subparagraph:(B)The authority of the Director of National Intelligence under subparagraph (A) includes coordinating and supervising activities undertaken by elements of the intelligence community for the purpose of protecting the United States from any foreign interference in elections in the United States..

713.

Conforming amendments and coordination with other provisions of law

(a)

Intelligence community

Paragraph (4) of section 103H(c) of the National Security Act of 1947 (50 U.S.C. 3033(c)) is amended to read as follows:(4)The provisions of title XII shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title..(b)

Central Intelligence Agency

Paragraph (6) of section 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)) is amended to read as follows:(6)The provisions of title XII of the National Security Act of 1947 shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title..(c)

Other elements

(1)

In general

Title XII of the National Security Act of 1947, as added by section 711, is further amended by inserting after section 1203, as added by section 712(a), the following new section:

1205.

Coordination with other provisions of law

No provision of law that is inconsistent with any provision of this title shall be considered to supersede, repeal, or otherwise modify a provision of this title unless such other provision of law specifically cites a provision of this title in order to supersede, repeal, or otherwise modify that provision of this title.

.(2)

Clerical amendment

The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1203, as added by section 712, the following new item:Sec. 1205. Coordination with other provisions of law..

C

Congressional Notification

721.

Short title

This subtitle may be cited as the Inspector General Protection Act.

722.

Change in status of Inspector General offices

(a)

Change in status of Inspector General of office

Paragraph (1) of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as designated by section 702, is amended—(1)by inserting , is placed on paid or unpaid non-duty status, after is removed from office;(2)by inserting , change in status, after any such removal; and(3)by inserting , change in status, after before the removal.(b)

Change in status of Inspector General of designated Federal entity

Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 703, is amended—(1)by inserting , is placed on paid or unpaid non-duty status, after office;(2)by inserting , change in status, after any such removal; and(3)by inserting , change in status, after before the removal.(c)

Exception to requirement To submit communication relating to certain changes in status

(1)

Communication relating to change in status of Inspector General of Office

Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702, is amended—(A)in paragraph (1), by striking If and inserting Except as provided in paragraph (4), if; and (B)by adding at the end the following: (4)If an Inspector General is placed on paid or unpaid non-duty status, the President may submit the communication described in paragraph (1) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if—(A)the President determines that a delay in placing the Inspector General on paid or unpaid non-duty status would—(i)pose a threat to the Inspector General or others;(ii)result in the destruction of evidence relevant to an investigation; or (iii)result in loss of or damage to Government property; and(B)in the communication, the President includes—(i)a specification of which clause the President relied on to make the determination under subparagraph (A);(ii)the substantive rationale, including detailed and case-specific reasons, for such determination;(iii)if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and(iv)if an inquiry described in clause (iii) is completed, the findings of that inquiry.(5)The President may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1) unless the President—(A)determines that not placing the Inspector General on paid or unpaid non-duty status would—(i)pose a threat to the Inspector General or others;(ii)result in the destruction of evidence relevant to an investigation; or (iii)result in loss of or damage to Government property; and (B)on or before the date on which the placement takes effect, submits to the committee in the Senate and the committee in the House of Representatives that has jurisdiction over the Inspector General involved, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a written communication that contains—(i)a specification of which clause under subparagraph (A) the President relied on to make the determination under such subparagraph;(ii)the substantive rationale, including detailed and case-specific reasons, for such determination;(iii)if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and(iv)if an inquiry described in clause (iii) is completed, the findings of that inquiry..(2)

Communication relating to change in status of Inspector General of designated Federal entity

Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702, is amended—(A)in paragraph (2), by striking If and inserting Except as provided in paragraph (4), if; and(B)by adding at the end the following: (4)If an Inspector General is placed on paid or unpaid non-duty status, the head of the designated Federal entity may submit the communication described in paragraph (2) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if—(A)the head of the designated Federal entity determines that a delay in placing the Inspector General on paid or unpaid non-duty status would—(i)pose a threat to the Inspector General or others;(ii)result in the destruction of evidence relevant to an investigation; or (iii)result in loss of or damage to Government property; and(B)in the communication, the head of the designated Federal entity includes—(i)a specification of which clause under subparagraph (A) the head of the designated Federal entity relied on to make the determination under such subparagraph;(ii)the substantive rationale, including detailed and case-specific reasons, for such determination;(iii)if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and(iv)if an inquiry described in clause (iii) is completed, the findings of that inquiry.(5)The head of a designated Federal entity may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2) unless the head of the designated Federal entity—(A)determines that not placing the Inspector General on paid or unpaid non-duty status would—(i)pose a threat to the Inspector General or others;(ii)result in the destruction of evidence relevant to an investigation; or (iii)result in loss of or damage to Government property; and (B)on or before the date on which the placement takes effect, submits to the committee in the Senate and the committee in the House of Representatives that has jurisdiction over the Inspector General involved, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a written communication that contains—(i)a specification of which clause under subparagraph (A) the head of the designated Federal entity relied on to make the determination under such subparagraph;(ii)the substantive rationale, including detailed and case-specific reasons, for such determination;(iii)if the head of the designated Federal entity relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and(iv)if an inquiry described in clause (iii) is completed, the findings of that inquiry..(d)

Application

The amendments made by this section shall apply with respect to removals, transfers, and changes of status occurring on or after the date that is 30 days after the date of enactment of this Act.

723.

Presidential explanation of failure to nominate an Inspector General

(a)

In General

Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following:

3349e.

Presidential explanation of failure to nominate an Inspector General

If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing—(1)the reasons why the President has not yet made a formal nomination; and(2)a target date for making a formal nomination.

.(b)

Clerical Amendment

The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following:3349e. Presidential explanation of failure to nominate an Inspector General..(c)

Effective Date

The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to any vacancy first occurring on or after that date.

C

Defending Elections Against Foreign Interference

D

Severability