H.R. 5314 · 117th Congress · House

Protecting Our Democracy Act

In Congress· Received in the Senate.
Introduced
Sep 21, 21
Passed House
Dec 9, 21
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Protecting Our Democracy Act

This bill addresses issues involving (1) abuses of presidential power; (2) checks and balances, accountability, and transparency; and (3) election integrity and security.

Specifically, regarding abuses of presidential power, the bill

  • requires the Department of Justice (DOJ) and the President to submit to Congress specified materials relating to certain pardons,
  • prohibits presidential self-pardons,
  • suspends the statute of limitations for federal offenses committed by a sitting President or Vice President,
  • prohibits the acceptance of foreign or domestic emoluments, and
  • sets forth provisions regarding Office of Government Ethics and Office of Special Counsel jurisdiction and enforcement authority.

To address checks and balances, accountability, and transparency, the bill

  • authorizes specified actions to enforce congressional subpoenas,
  • imposes limits on presidential declarations of emergencies,
  • requires DOJ to maintain a log of specified communications between it and the White House,
  • requires cause for removal of inspectors general,
  • increases whistleblower protections, and
  • requires a candidate for President or Vice President to provide copies of tax returns for the 10 most recent taxable years to the Federal Election Commission.

To address election integrity and security, the bill

  • requires federal campaign reporting of foreign contacts,
  • makes various changes to requirements concerning foreign donations to political campaigns and candidates and foreign contributions to online electioneering communications,
  • prohibits distribution of materially deceptive audio or visual media prior to an election (i.e., deepfakes), and
  • establishes a program to support states and localities transition to ranked choice voting systems.

Previous Versions

00Sep 21, 2021

Protecting Our Democracy Act

This bill addresses issues involving (1) abuses of presidential power; (2) checks and balances, accountability, and transparency; and (3) foreign interference in elections.

Specifically, regarding abuses of presidential power, the bill

  • requires the Department of Justice (DOJ) and the President to submit to Congress specified materials relating to certain pardons,
  • prohibits self-pardons by the President,
  • suspends the statute of limitations for federal offenses committed by a sitting President or Vice President,
  • prohibits the acceptance of foreign or domestic emoluments, and
  • sets forth provisions regarding Office of Government Ethics and Office of Special Counsel jurisdiction and enforcement authority.

To address checks and balances, accountability, and transparency, the bill

  • authorizes specified actions to enforce congressional subpoenas,
  • imposes limits on presidential declarations of emergencies,
  • requires DOJ to maintain a log of specified communications between it and the White House,
  • requires cause for removal of inspectors general,
  • increases whistleblower protections,
  • requires a candidate for President or Vice President to submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years, and
  • establishes penalties for political appointees who engage in prohibited political activities.

To protect against foreign interference in elections, the bill

  • requires federal campaign reporting of foreign contacts,
  • requires federal campaigns to establish a foreign contacts compliance policy, and
  • specifies that foreign donations to political campaigns and candidates of nonpublic information relating to a candidate are prohibited.

Action Timeline

33
  1. DEC 13, 2021IntroReferral

    Received in the Senate.

  2. DEC 09, 2021Floor

    Considered under the provisions of rule H

    Res. 838. (consideration: CR H7562-7617)

    7562Yea
    7617Nay
    0NV
  3. DEC 09, 2021Floor

    Rule provides for consideration of H.R

    5314, S. 1605 and S. 610 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order. Rule makes in order for the Speaker may entertain motions offered by the Majority Leader or a designee that the House suspend the rules as though under clause 1 of rule XV with respect to multiple measures that were the object of motions to suspend the rules on certain legislative days.

  4. DEC 09, 2021Floor

    DEBATE - The House proceeded with one hour of debate on H.R. 5314.

  5. DEC 09, 2021Floor

    DEBATE - The House continued with debate on H.R. 5314.

  6. DEC 09, 2021Floor

    DEBATE - Pursuant to the provisions of H

    Res. 838, the House proceeded with 20 minutes of debate on the Carolyn B. Maloney amendment en bloc No. 1.

  7. DEC 09, 2021Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Carolyn B

    Maloney en bloc No. 1, the Chair put the question on adoption of the amendments and by voice vote, announced that the ayes had prevailed. Mr. Comer demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  8. DEC 09, 2021Floor

    DEBATE - Pursuant to the provisions of H

    Res. 838, the House proceeded with 20 minutes of debate on the Carolyn B. Maloney amendment en bloc No. 2.

  9. DEC 09, 2021Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Carolyn B

    Maloney en bloc No. 2, the Chair put the question on adoption of the amendments and by voice vote, announced that the noes had prevailed. Mr. Comer demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  10. DEC 09, 2021Floor

    DEBATE - Pursuant to the provisions of H

    Res. 838, the House proceeded with 10 minutes of debate on the Ocasio-Cortez amendment No. 25.

  11. DEC 09, 2021Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Ocasio-Cortez amendment No. 25, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Comer demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  12. DEC 09, 2021Floor

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on agreeing to amendments which had been debated earlier and on which further proceedings had been postponed. (consideration: CR H7613)

  13. DEC 09, 2021Floor

    The previous question was ordered pursuant to the rule.

  14. DEC 09, 2021Floor

    Mr

    Davis, Rodney moved to recommit to the Committee on Oversight and Government Reform. (text: CR H7616)

  15. DEC 09, 2021Floor

    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

  16. DEC 09, 2021Floor

    On motion to recommit Failed by the Yeas and Nays

    Roll Call #439

    212 - 217 (Roll no. 439).

    212Yea
    217Nay
    0NV
  17. DEC 09, 2021Floor

    Passed/agreed to in House

    Roll Call #440

    On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 440).

    220Yea
    208Nay
    0NV
  18. DEC 09, 2021Floor

    On passage Passed by the Yeas and Nays

    Roll Call #440

    220 - 208 (Roll no. 440).

    220Yea
    208Nay
    0NV
  19. DEC 09, 2021Floor

    Motion to reconsider laid on the table Agreed to without objection.

  20. DEC 09, 2021Floor

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5314.

  21. DEC 07, 2021Floor

    Rules Committee Resolution H

    Res. 838 Reported to House. Rule provides for consideration of H.R. 5314, S. 1605 and S. 610 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order. Rule makes in order for the Speaker may entertain motions offered by the Majority Leader or a designee that the House suspend the rules as though under clause 1 of rule XV with respect to multiple measures that were the object of motions to suspend the rules on certain legislative days.

  22. SEP 22, 2021Committee

    Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

  23. SEP 21, 2021IntroReferral

    Introduced in House

  24. SEP 21, 2021IntroReferral

    Introduced in House

  25. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  26. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  27. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  28. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  29. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  30. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  31. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  32. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  33. SEP 21, 2021IntroReferral

    Referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Committees

10

Economic Development, Public Buildings, and Emergency Management Subcommittee

hspw13

Referred: Sep 22, 2021

Active

Committee on House Administration

hsha00

Referred: Sep 21, 2021

Active

Intelligence (Permanent Select) Committee

hlig00

Referred: Sep 21, 2021

Active

Ways and Means Committee

hswm00

Referred: Sep 21, 2021

Active

Foreign Affairs Committee

hsfa00

Referred: Sep 21, 2021

Active

Rules Committee

hsru00

Referred: Sep 21, 2021

Active

Transportation and Infrastructure Committee

hspw00

Referred: Sep 21, 2021

Active

Budget Committee

hsbu00

Referred: Sep 21, 2021

Active

Judiciary Committee

hsju00

Referred: Sep 21, 2021

Active

Oversight and Government Reform Committee

hsgo00

Referred: Sep 21, 2021

Active