mutual-flourishing/ADPA/bills/ADPA.md

American Democracy Protection Act (ADPA)

118th Congress, 2nd Session
H.R. _____ / S. _____

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A BILL

To establish comprehensive safeguards to protect democratic institutions, prevent authoritarian consolidation of power, and ensure the continued independence of federal agencies and civil servants.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title

This Act may be cited as the "American Democracy Protection Act" or "ADPA".

Section 2. Purpose and Scope

This Act establishes comprehensive safeguards to protect democratic institutions, prevent authoritarian consolidation of power, and ensure the continued independence of federal agencies and civil servants.

Title I: Civil Service Protection

Section 101: Protection of Career Civil Servants

1. Prohibition of Mass Removals

   • Bans removal of career civil servants without documented cause
   • Requires individual performance reviews before any termination
   • Prohibits loyalty tests or political affiliation screening

2. Due Process Requirements

   • Mandatory 60-day notice before any significant personnel action
   • Right to full hearing before independent Merit Systems Protection Board
   • Access to all evidence used in personnel decisions
   • Right to legal representation in personnel proceedings

3. Anti-Retaliation Measures

   • Triple damages for proven politically motivated termination
   • Personal liability for supervisors who engage in political retaliation
   • Automatic reinstatement pending appeal for suspected political termination

Title II: Agency Independence and Operations

Section 200: Acting Officials and Appointments

1. Limitations on Acting Officials

   • Maximum 120-day term for acting officials in Senate-confirmed positions
   • Prohibition on sequential acting appointments for same position
   • Required qualifications matching permanent position requirements
   • Automatic elevation procedures for career officials

2. Digital Infrastructure Protection

   • Mandatory security protocols for government databases
   • Regular audits of digital systems and access
   • Protection of inter-agency communication systems
   • Prohibition on unauthorized data system modifications

Section 201: Executive Agency Restructuring Controls

1. Congressional Oversight Requirements

   • Two-thirds majority required in both houses for:
     • Agency elimination or merger
     • Transfer of agency functions
     • Substantial budget reductions (>10% annually)
   • 90-day mandatory review period before any major reorganization
   • Public comment period requirement for structural changes

2. Emergency Powers Limitations

   • Prohibits use of emergency powers to reorganize agencies
   • Requires judicial review of emergency declarations affecting agencies
   • Mandates congressional notification within 24 hours of emergency actions

Section 202: Agency Independence Protections

1. Political Interference Barriers

   • Creates firewall between White House and agency enforcement actions
   • Requires documentation of all White House contacts with agencies
   • Prohibits political appointees from interfering in specific investigations
   • Mandates transparency in agency decision-making processes

2. Budget Protection Measures

   • Establishes minimum funding levels based on previous fiscal year
   • Requires congressional approval for budget cuts exceeding 5%
   • Creates emergency funding mechanism for critical agency functions

3. Funding Protection Mechanisms

   • Mandatory quarterly disbursement schedules
   • Prohibition on artificial administrative delays
   • Automatic triggering of emergency funds for delayed disbursements
   • Independent oversight of budget reallocation
   • Protected channels for reporting funding obstruction

4. State-Federal Coordination

   • Protection for state employees implementing federal programs
   • Prohibition on leveraging federal funds to influence state agencies
   • Joint state-federal whistleblower protections
   • Coordination requirements for cross-jurisdiction investigations
   • Federal intervention authority when state civil service protections fall below federal standards

Title III: Whistleblower Enhancement

Section 301: Expanded Whistleblower Protections

1. Protected Disclosures

   • Covers all good-faith reports of wrongdoing
   • Includes disclosures to Congress, IGs, and media
   • Protects internal policy disagreements on public interest matters
   • Encompasses contractors and grant recipients

2. Relief and Remedies

   • Immediate temporary reinstatement during proceedings
   • Compensatory and punitive damages available
   • Coverage of legal fees for successful claims
   • Confidential reporting channels established

Section 302: Oversight Office

1. Independent Review Board

   • Bipartisan appointment process
   • Fixed 5-year terms for board members
   • Dedicated investigative staff and resources
   • Subpoena power for investigations

2. Enforcement Powers

   • Authority to issue stays of personnel actions
   • Direct access to agency records
   • Power to order corrective actions
   • Ability to recommend criminal prosecution

Title IV: Implementation and Enforcement

Section 401: Oversight and Compliance

1. Monitoring and Reporting

   • Quarterly reports to Congress on implementation
   • Annual public transparency reports
   • Regular GAO audits of compliance
   • Independent IG investigations of violations

2. Enforcement Mechanisms

   • Civil penalties for violations
   • Criminal penalties for willful violations
   • Private right of action for affected employees
   • Whistleblower rewards program

Section 402: Training and Education

1. Required Training Programs
   • Annual training for all federal employees
   • Specialized training for supervisors
   • Public education materials
   • Regular updates on new provisions

Title V: Severability and Effective Date

Section 501: Severability

• If any provision is held invalid, the remainder shall remain in effect

Section 502: Effective Date

• Act takes effect 180 days after enactment
• Grandfather provisions for pending actions
• Phased implementation schedule for complex provisions

Title VI: Enhanced Protections

Section 601: Position Classification Protection

1. Anti-Reclassification Safeguards

   • Prohibition on mass reclassification of career positions to political appointments
   • Two-thirds congressional approval required for Schedule F-type authorities
   • Grandfathering protection for existing career employees
   • Individual justification required for each position reclassification

2. Due Process for Classification Changes

   • 90-day notice required before any position reclassification
   • Right to appeal reclassification decisions
   • Independent review board for classification disputes
   • Automatic reinstatement pending appeal

Section 602: International Civil Service Cooperation

1. Democratic Alliance Framework

   • Cooperation agreements with allied democracies
   • Information sharing on civil service best practices
   • Mutual support during democratic crises
   • Joint training programs for civil servants

2. International Monitoring

   • Annual reports to international democracy organizations
   • Peer review mechanisms with allied democracies
   • Participation in global civil service standards initiatives
   • Emergency consultation protocols during crises

Title VII: Cross-Agency Coordination

Section 701: Democratic Protection Coordination Office

1. Office Establishment

   • Central coordination office for all democratic protection legislation
   • Director appointed by President, confirmed by Senate
   • Representatives from all agencies implementing democratic protection bills
   • Unified reporting and accountability mechanisms

2. Coordination Functions

   • Inter-agency implementation coordination
   • Resource allocation optimization
   • Timeline synchronization across bills
   • Unified enforcement strategy development
   • International cooperation coordination

3. Emergency Coordination

   • Rapid response coordination for democratic crises
   • Emergency resource reallocation authority
   • Cross-agency crisis communication
   • Unified command structure for democratic emergencies

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Accountability Measures

• Annual congressional oversight hearings
• Public reporting requirements
• Regular independent audits
• Stakeholder advisory committee