H.R. 5314 · 117th Congress

Protecting Our Democracy Act

Introduced on Sep 21, 2021 by Adam B. Schiff (D-CA-28). 168 cosponsors, all from the sponsor's party. Latest action (Dec 13, 2021): Received in the Senate.

Stage
Passed one chamber
Introduced
Sep 21, 2021
Cosponsors
168
0 from the other party
Policy area
Government Operations and Politics
Open in the Congress explorerCongress.govAlert me

Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. Passed one chamber
  4. 4Passed both chambers
  5. 5Sent to the President
  6. 6Became law

Official title

To 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.

Subjects

  • Administrative law and regulatory procedures
  • Administrative remedies
  • Appropriations
  • Budget process
  • Civil actions and liability
  • Congressional committees
  • Congressional oversight
  • Criminal investigation, prosecution, interrogation
  • Criminal procedure and sentencing
  • Defense spending
  • Department of Justice
  • Elections, voting, political campaign regulation
  • Employment discrimination and employee rights
  • Evidence and witnesses
  • Executive agency funding and structure
  • Federal officials
  • Federal-Indian relations
  • Government employee pay, benefits, personnel management
  • Government ethics and transparency, public corruption
  • Government information and archives
  • Government studies and investigations
  • House of Representatives
  • Intelligence activities, surveillance, classified information
  • Judicial procedure and administration
  • Judicial review and appeals
  • Labor standards
  • Lawyers and legal services
  • Legal fees and court costs
  • Merit Systems Protection Board
  • Military operations and strategy
  • Office of Government Ethics
  • Office of Special Counsel
  • Political parties and affiliation
  • Presidents and presidential powers, Vice Presidents
  • Research administration and funding
  • Right of privacy
  • Scientific communication
  • Senate
  • Tariffs
  • Tax administration and collection, taxpayers
  • War and emergency powers

Summary

By the Congressional Research Service (Passed House, Dec 9, 2021). Public domain.

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.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

Adam B. SchiffD-CA-28Sponsor

Democrats · 168

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

  1. On Agreeing to the Amendment
    Dec 9, 2021· House· Amendments· Agreed to 218–211
  2. On Agreeing to the Amendment
    Dec 9, 2021· House· Amendments· Failed 211–218
  3. On Agreeing to the Amendment
    Dec 9, 2021· House· Amendments· Failed 196–233
  4. On Motion to Recommit
    Dec 9, 2021· House· Procedural· Failed 212–217
  5. On Passage
    Dec 9, 2021· House· Passage· Passed 220–208

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Sep 21, 2021Introduced in House
  2. Sep 21, 2021Introduced in House
  3. Sep 21, 2021 · HouseReferred 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.
  4. Sep 21, 2021 · HouseReferred 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.
  5. Sep 21, 2021 · HouseReferred 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.
  6. Sep 21, 2021 · HouseReferred 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.
  7. Sep 21, 2021 · HouseReferred 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.
  8. Sep 21, 2021 · HouseReferred 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.
  9. Sep 21, 2021 · HouseReferred 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.
  10. Sep 21, 2021 · HouseReferred 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.
  11. Sep 21, 2021 · HouseReferred 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.
  12. Sep 22, 2021 · HouseReferred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
  13. Dec 7, 2021 · HouseRules 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.
  14. Dec 9, 2021 · HouseConsidered under the provisions of rule H. Res. 838. (consideration: CR H7562-7617)
  15. Dec 9, 2021 · HouseRule 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.
  16. Dec 9, 2021 · HouseDEBATE - The House proceeded with one hour of debate on H.R. 5314.
  17. Dec 9, 2021 · HouseDEBATE - The House continued with debate on H.R. 5314.
  18. Dec 9, 2021 · HouseDEBATE - 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.
  19. Dec 9, 2021 · HousePOSTPONED 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.
  20. Dec 9, 2021 · HouseDEBATE - 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.
  21. Dec 9, 2021 · HousePOSTPONED 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.
  22. Dec 9, 2021 · HouseDEBATE - Pursuant to the provisions of H. Res. 838, the House proceeded with 10 minutes of debate on the Ocasio-Cortez amendment No. 25.
  23. Dec 9, 2021 · HousePOSTPONED 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.
  24. Dec 9, 2021 · HouseUNFINISHED 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)
  25. Dec 9, 2021 · HouseThe previous question was ordered pursuant to the rule.
  26. Dec 9, 2021 · HouseMr. Davis, Rodney moved to recommit to the Committee on Oversight and Government Reform. (text: CR H7616)
  27. Dec 9, 2021 · HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  28. Dec 9, 2021 · HouseOn motion to recommit Failed by the Yeas and Nays: 212 - 217 (Roll no. 439).House · Roll call 439
  29. Dec 9, 2021Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 440).House · Roll call 440
  30. Dec 9, 2021 · HouseOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 440).House · Roll call 440
  31. Dec 9, 2021 · HouseMotion to reconsider laid on the table Agreed to without objection.
  32. Dec 9, 2021 · HouseThe 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.
  33. Dec 13, 2021 · SenateReceived in the Senate.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 6, 2026 · loaded Oct 6, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 6, 2026 · loaded Oct 6, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.