S2838119th CongressWALLET

Protecting Our Democracy Act

Sponsored By: Senator Adam Schiff

Introduced

Summary

This bill would tighten presidential accountability by creating new oversight of pardons and emoluments and by strengthening ethics, disclosure, and enforcement across the Executive Branch.

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  • Presidents, pardon recipients, and former Presidents would face new limits and disclosures. The Attorney General would have to send prosecution materials to congressional committee leaders within 30 days after a pardon for defined "covered offenses", the bill bans a President's self‑pardon, and pardon recipients must disclose gifts from the prior 365 days and file annual gift reports for five years.
  • Executive branch officials and appointees would face upgraded ethics rules and enforcement. Agencies would require enforceable ethics pledges, the Office of Government Ethics could impose fines and order disgorgement or divestiture, the Executive Office of the President would get an Inspector General appointed within 120 days, and whistleblowers would gain broader protections including new private remedies in the intelligence community.
  • Elections, Congress, and the public would get stronger transparency and oversight tools. The bill would expand congressional subpoena and budget enforcement, limit emergency powers, require political committees to report certain foreign contacts and platforms to keep ad records, and it would require Presidents and major party candidates to disclose 10 years of tax returns while capping inaugural donations at $50,000.

Bill Overview

Analyzed Economic Effects

17 provisions identified: 12 benefits, 1 costs, 4 mixed.

Limit national emergencies and reporting

If enacted, this bill would sharply limit how long a presidential national emergency can run without Congress approving it. An emergency and any specified emergency powers would end after one year unless the President renews and Congress enacts a joint resolution. Emergency powers generally would also be limited to 20 Senate session days and 20 House legislative days from issuance unless Congress approves. The President would have to tell Congress which statutory powers are being used and give existing "presidential emergency action" documents to committees soon after enactment.

More accountability for President and Vice President

If enacted, this bill would tighten legal limits and oversight for Presidents, Vice Presidents, and former Presidents. It would declare any presidential self-pardon void and treat pardons or offers of pardons as official acts that can be bribery evidence. DOJ could give Congress required pardon materials despite Rule 6(e). The statute of limitations would not run while someone serves as President or Vice President. A former President finally convicted of a qualifying felony could lose certain Former Presidents Act allowances and must repay amounts received during the conviction period. The criminal ban on improper contracts would explicitly cover the President and Vice President, and the Hatch Act rules would apply to them in White House areas used for official duties.

Stricter Hatch Act penalties for employees

If enacted, knowingly violating the Hatch Act could become a crime with a fine up to $50,000 and up to 1 year in jail. Repeat violations would double the fine each time. The Merit Systems Protection Board could compel testimony in certain investigations. OSC must publish final determinations quickly and, after procedures, the MSPB could impose civil penalties up to $50,000 on political appointees.

New rules for political ads and donations

If enacted, paid online ads would count as electioneering and face stricter disclosure rules. Platforms would need clearer disclaimers and safe-harbor rules for text, audio, and video. Giving opposition research or non-public polling from foreign nationals would be barred. The bill would ban foreign money in state or local ballot initiatives starting in 2026. For inaugurations in 2029 and later, individual donations to a single inaugural committee would be capped at $50,000 (indexed) and gifts of $1,000 or more must be reported within 24 hours. National party conventions could not be held on Federal property and violators face civil penalties or criminal exposure.

New rules on foreign contacts and political ads

If enacted, the bill would make political committees adopt rules so staff report certain foreign contacts quickly and keep records for three years. Candidates and campaign staff would have to report some foreign contacts within 3 days. Willful failures to report could bring fines up to $500,000 and up to 5 years in prison; hiding materials could carry up to $1,000,000 and 5 years. Large online platforms would also have to publish machine-readable records for political ads by buyers who spend over $500 a year, and platforms must try to stop foreign nationals from buying political ads.

Stronger whistleblower and petition protections

If enacted, this bill would broaden and speed up protections for federal whistleblowers and for employees who petition Congress. It would extend protections to fellows, interns, certain public health and NOAA officers, and some appointees. Some investigations and referrals would count as personnel actions. The Special Counsel must notify an Inspector General within 7 days of a retaliatory referral. If MSPB delays 180 days (240 for complex cases), employees could file in U.S. district court and ask for a jury trial. The bill would also bar agency staff from disclosing a whistleblower's identity to non-government people and would limit sharing disclosure details with named subjects except in narrow cases. It would repeal one WPEA section but preserve cases already started.

Bigger whistleblower and IG protections

If enacted, whistleblowers in the Executive Branch and Intelligence Community would get stronger protections. The bill would speed MSPB stays and appeals, let prevailing claimants recover attorney fees, treat some short furloughs as adverse actions, and allow some MSPB claims to be filed in district court. Intelligence employees would get confidential guidance to contact congressional intelligence committees, and unlawful disclosure of intelligence identities would be a prohibited practice with a private right of action.

Shorter acting-official terms and notices

If enacted, the bill would tighten who may serve in acting jobs and for how long. First assistants would generally need 30 days in the job before filling in, starting 180 days after enactment. Acting officers would generally need one year of agency service before serving. Some acting-service limits would drop from 210 days to 120 days for certain agency heads, and a 300-day limit would apply for transition vacancies. Agencies must give faster notice of vacancies and acting appointments.

More transparency for legal opinions and spending

If enacted, the bill would limit when the Office of Legal Counsel can withhold final opinions and require written withholding reasons and unclassified summaries. Withholding would normally last no more than three years. The bill would expand the detail agencies must include when reporting Antideficiency Act violations. It would also let courts treat certain committee information requests like subpoenas to enforce compliance. The Freedom of Information Act language would explicitly include Members of Congress in a cited sentence.

Public access to legal advice and visitors

If enacted, the bill would make more executive-branch legal and visitor records public. The Justice Department would post final Office of Legal Counsel opinions on a searchable website on a staged timetable. The President would post a public, searchable White House visitor list every 90 days. The Attorney General would keep a quarterly log of DOJ communications about investigations and send it to the Inspector General.

Stronger tools to enforce subpoenas

If enacted, either House or a committee could sue in federal court to enforce a congressional subpoena. Courts must handle these cases quickly and may use three-judge panels with fast appeals. People who withhold subpoenaed material must give a detailed log explaining the withholding. Courts could fine agency heads for knowing noncompliance unless the President ordered it and confirmed that order in writing.

Tougher emoluments and pardon oversight

If enacted, the bill would broaden and define what counts as an "emolument" and bar officials, including the President and Vice President, from accepting some foreign or domestic payments without Congress's consent. Congress could sue in D.C. court to enforce the ban and get injunctions, disgorgement, or divestiture. The Office of Government Ethics must create an online portal (not later than 180 days) to post required disclosures. The bill also strengthens oversight of pardons and defines which offenses get extra review.

More budget and emergency oversight

If enacted, agencies must tell Congress when apportionments or fund availability are delayed. GAO could sue to compel release of budget authority or documents. The Attorney General would review Antideficiency Act reports and send an annual report to Congress by March 31. Impoundment violations would trigger immediate reporting and possible discipline. The President's budget would include detailed reports on national-emergency spending and expired or cancelled balances for certain years.

Stricter rules for appointees and recusal

If enacted, the bill would bar people finally convicted of listed crimes while serving as a CEO from being appointed to executive-branch jobs. Officials must recuse from matters touching organizations they served in during the prior four years in many listed roles. The nepotism ban would extend to the Executive Office of the President. Agencies could not move occupied jobs into Schedule C without OPM approval, and transfers into the excepted service would be capped. The Office of Special Counsel would have stronger investigation powers and could seek civil penalties up to $50,000 in some cases.

Ethics pledges and OGE enforcement rules

If enacted, most political appointees starting January 20, 2025 would have to sign an ethics pledge. The pledge would bar gifts from registered lobbyists, impose recusal and post-employment limits, and require written ethics agreements for some conflicts. OGE must write rules on legal expense funds and can fine or order divestiture. The OMB Director may grant narrow waivers but must publish them within 10 days.

Protect noncitizen journalistic expression

If enacted, the bill would make clear that its rules are not meant to stop legitimate journalism or political expression by people living in the United States who are not U.S. citizens, nationals, or lawful permanent residents.

Higher standards for acting officials

If enacted, people who serve as acting heads of agencies must meet the same legal qualifications as the permanent office. Acting officials would also have to appear before the relevant Senate and House committees at least once every 60 days, unless committees waive the requirement.

Sponsors & CoSponsors

Sponsor

Adam Schiff

CA • D

Cosponsors

  • Amy Klobuchar

    MN • D

    Sponsored 9/17/2025

  • Andy Kim

    NJ • D

    Sponsored 9/17/2025

  • Richard Blumenthal

    CT • D

    Sponsored 9/17/2025

  • Alex Padilla

    CA • D

    Sponsored 9/17/2025

  • Ruben Gallego

    AZ • D

    Sponsored 9/17/2025

  • Angela Alsobrooks

    MD • D

    Sponsored 9/17/2025

  • Bernie Sanders

    VT • I

    Sponsored 9/17/2025

  • Mazie Hirono

    HI • D

    Sponsored 9/17/2025

  • Jeff Merkley

    OR • D

    Sponsored 10/3/2025

Roll Call Votes

No roll call votes available for this bill.

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