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-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Democ-
racy 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 Presi-
dential Power. 
(2) Division B—Restoring Checks and Bal-
ances, 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 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. 
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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 
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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 
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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. 
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