H.R. 5314 - Protecting Our Democracy Act

Bill Text

    Rules Committee Print 117-20 PDF XML

    Showing the text of H.R. 5314, as introduced with modifications.

     :: Comparative print of RCP 117-20 to H.R. 5314  PDF

Rule Information

REPORTED BY A RECORD VOTE of 8-4 on Tuesday, December 7, 2021.

Agreed to by record vote of 219-213, after agreeing to the previous question by record vote of 218-210, on Tuesday, December 7, 2021.

MANAGERS: Scanlon/Cole

1. Structured rule for H.R. 5314.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Reform or their respective designees.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-20, modified by the amendment printed in part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides that following debate, each further amendment printed in part B of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Section 3 provides that at any time after debate the chair of the Committee on Oversight and Reform or her designee may offer amendments en bloc consisting of further amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Reform or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Waives all points of order against the amendments printed in part B of the report and amendments en bloc described in section 3 of the resolution.
9. Provides one motion to recommit.

10. Closed rule for S. 1605.
11. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their respective designees.
12. Waives all points of order against consideration of the bill.
13. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-21 shall be considered as adopted and the bill, as amended, shall be considered as read.
14. Waives all points of order against provisions in the bill, as amended.
15. Provides one motion to commit.
16. Provides that the chair of the Committee on Armed Services may insert in the Congressional Record not later than December 10, 2021, such material as he may deem explanatory of S. 1605.
17. Closed rule for S. 610.
18. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means or their respective designees.
19. Waives all points of order against consideration of the bill.
20. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-22 shall be considered as adopted and the bill, as amended, shall be considered as read.
21. Waives all points of order against provisions in the bill, as amended.
22. Provides one motion to commit.
23. Provides that at any time through the legislative day of Thursday, December 9, 2021, the Speaker may entertain motions offered by the Majority Leader or a designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on November 30, 2021, December 1, 2021, or December 8, 2021, and on which the yeas and nays were ordered and further proceedings postponed. The Chair shall put the question on any such motion without debate or intervening motion, and the ordering of the yeas and nays on postponed motions to suspend the rules with respect to such measures is vacated.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 2Garamendi (CA)DemocratRevised Repeals provision from 1948 law allowing State legislatures to appoint electors to the Electoral College, if the respective State has failed to certify election results by the date prescribed by law (3 U.S.C. §7): first Monday after the second Wednesday in December in every presidential election year (date when Electoral College meets).Revised
2Version 1Pfluger (TX)RepublicanAdds a sense of Congress that only citizens of the United States should be permitted to vote in elections for public office, including elections for State and local office.Submitted
3Version 1Omar (MN)DemocratStrikes the exemption for sanctions authorities in Subtitle C.Submitted
4Version 1Omar (MN)DemocratExpands existing humanitarian exemptions to sanctions programs under IEEPA.Submitted
5Version 1Omar (MN)DemocratAdds additional reporting requirements when the President uses IEEPA authority to enact sanctions.Submitted
6Version 1Burgess (TX)RepublicanReplaces Titles VII Subtitle A of the bill with language to require a detailed rationale to be provided to Congress prior to the removal of an IG.Submitted
7Version 1Tlaib (MI)DemocratExpands Sec. 104, which prohibits Presidential self-pardons, to prohibit the President from granting a pardon to a member of their family.Submitted
8Version 1Tlaib (MI)DemocratAdds crucial protections for whistleblowers from the intelligence and national security communities into the Espionage Act, specifically guaranteeing that defendants have the right to testify regarding the purpose of their actions and would require that prosecutors prove specific intent to harm national security to prosecute individuals under the Espionage Act.Submitted
9Version 2Quigley (IL), Cicilline (RI), Ocasio-Cortez (NY)DemocratRevised Requires the President to establish and periodically update a public database of White House visitor records, including the names of visitors, with whom visitors met, and the purpose of the visit. Allows for certain exceptions, including for particularly sensitive meetings and purely personal guests.Made in Order
10Version 1Burgess (TX)RepublicanStrikes Title II.Made in Order
11Version 1Burgess (TX)RepublicanRequires subpoenas to have approval of both the Chair and Ranking Member of the relevant committees or a two-thirds majority of such committees.Submitted
12Version 2Jacobs, Sara (CA), Murphy, Stephanie (FL), Langevin (RI), Tlaib (MI), Garcia, Jesús (IL), Levin, Andy (MI), Takano (CA), Sherrill (NJ), Jacobs, Sara (CA), Issa (CA), Khanna (CA), Strickland (WA), Costa (CA), Castro (TX), Phillips (MN), Moulton (MA), Allred (TX)Bi-PartisanRevised Permits one TS/SCI clearance per personal office so as to align House offices with their Senate counterparts in conducting oversight.Revised
13Version 1Clark, Katherine (MA)DemocratAdds the President, Vice President, and any Cabinet member to the current statutory prohibition on members of Congress contracting with the federal government.Made in Order
14Version 1Norton (DC)DemocratWithdrawn Strikes the bill’s applicability to the District of Columbia government.Withdrawn
15Version 1Correa (CA), Issa (CA)Bi-PartisanCloses the loophole that allows agencies to treat requests for information from members of Congress as FOIA requests by clarifying that the Freedom of Information Act prohibits executive branch agencies from responding to congressional requests for information with records that have been subject to FOIA redactions. This clarification would ensure that executive branch agencies are not using the law's exemptions to withhold information from elected officials conducting oversight.Made in Order
16Version 1Correa (CA)DemocratRequires all Congressionally mandated reports from the executive branch to be transmitted to Congress in machine readable format.Made in Order
17Version 1Jackson Lee (TX)DemocratProvides that any person who, having previously taken an oath as an officer of the United States, as a member of a State legislature, or as an executive or judicial officer of any State, is finally convicted of violating section 304(j) of the Federal Election Campaign Act of 1971 (as added by section 1301(a)), section 304(b)(9) of such Act (as added by section 1301(b)), or section 302(j) of such Act (as added by section 1302), shall be deemed to have given aid and comfort to the enemies of the United States for purposes of ineligibility to hold public office under section of the Fourteenth Amendment to the Constitution of the United States.Submitted
18Version 1Lynch (MA)DemocratProhibits the use of deepfakes within 60 days of a federal election and establishes corresponding criminal and civil penalties.Made in Order
19Version 2Ocasio-Cortez (NY)DemocratRevised Expands coverage of section 3110 of title 5 of the U.S. Code to prohibit nepotistic appointments to the Executive Office of the President.Made in Order
20Version 1Ocasio-Cortez (NY), Lynch (MA)DemocratCodifies President Biden's Executive Order on ethics commitments by executive branch personnel.Made in Order
21Version 1Ocasio-Cortez (NY)DemocratDirects the Office of Government Ethics to promulgate regulations establishing ethics requirements for the establishment or operation of legal expense funds for the benefit of the President, Vice President, or any political appointee.Made in Order
22Version 2Ocasio-Cortez (NY), Scanlon (PA)DemocratRevised Imposes disclosure requirements on inaugural committees, prohibits committees from taking money from foreign nationals; shadow entities; and corporations; and prohibits conversion of committee resources for personal use or for personal benefit.Made in Order
23Version 2Ocasio-Cortez (NY)DemocratRevised Asserts the Government Accountability Office's investigatory powers over the intelligence community. Requires the Director of National Intelligence to ensure that GAO personnel are provided with access to information in possession by the intelligence community that the Comptroller General determines necessary for analysis, evaluation, or investigation requested by the relevant committee of Congress.Made in Order
24Version 1Slotkin (MI)DemocratEstablishes a program to support digital citizenship and media literacy education in K-12 schools, by providing grants to state and local educational agencies.Submitted
25Version 1Slotkin (MI)DemocratEstablishes a program to promote digital citizenship, media literacy, and cyber hygiene among veterans, by providing grants to veterans service organizations and other civil society groups.Submitted
26Version 2Gallego (AZ)DemocratRevised Requires the President-elect to report to Congress on individuals in an incoming administration that are seeking a security clearance and the status of that clearance, including interim clearances. Requires the President or relevant agency to report to Congress at any point when an immediate family member of the President seeks a security clearance and the status of that clearance, including interim clearances.Made in Order
27Version 2DelBene (WA)DemocratRevised Directs the Federal Election Commission (FEC), in consultation with the National Institute of Standards and Technology (NIST), the Cybersecurity and Infrastructure Security Agency (CISA), and other appropriate offices, to issue guidance for political committees and vendors on cybersecurity risks and best practices. Requires the FEC to regularly update this guidance.Made in Order
28Version 1Gosar (AZ)RepublicanStrikes and replaces text with the Separation of Powers Restoration Act which repeals the War Powers Resolution Act, terminates all states of emergency, reinvests national emergency declaration authority in Congress, blocks all Presidential orders unless it is the President acting with express authority granted in the Constitution or given by an Act of Congress, and gives members of Congress, state and local governments, and the People, standing to challenge Presidential orders in court which exceed executive power.Submitted
29Version 1Gosar (AZ)RepublicanEstablishes a pilot program requiring House leadership to utilize body worn cameras.Submitted
30Version 1Gosar (AZ)RepublicanTerminates the COVID-19 National Emergency declared on March 13, 2020.Submitted
31Version 1Bergman (MI), Feenstra (IA), Crawford (AR), McKinley (WV), Grothman (WI), Fallon (TX), Weber (TX), Rice, Tom (SC), Gibbs (OH)RepublicanProhibits immediate family members of the President and Vice President from accepting foreign emoluments.Submitted
32Version 2Phillips (MN)DemocratRevised Explicitly prohibits conventions of national political parties for congressional, presidential, and vice-presidential candidates from being held on or in any federal property, including the White House and surrounding grounds. Violations are subject to civil penalties, imprisonment, or both.Made in Order
33Version 2Raskin (MD)DemocratRevised Strengthens Title II of the Act to ensure that if a sitting President or Vice President is indicted while in office, a trial or other legal proceeding may only be delayed if it interferes with the defendant's official duties and ensures the burden to delay legal proceedings falls on the defendant.Made in Order
34Version 1Phillips (MN), Raskin (MD)DemocratDirects the Election Assistance Commission (EAC) to establish a program to support state and local governments in the transition to ranked choice voting (a system in which voters rank candidates in order of preference).Made in Order
35Version 1Tiffany, Thomas (WI)RepublicanBars the conversion of campaign contributions for personal use by prohibiting the practice of candidates compensating spouses for campaign-related services.Submitted
36Version 1Connolly (VA)DemocratProtects merit system principles by limiting federal employee reclassifications to the five excepted service schedules in use prior to fiscal year 2021 (based on the bipartisan Preventing a Patronage System Act).Made in Order
37Version 1Foxx (NC)RepublicanCreates an Inspector General for the Office of Management and Budget to bring transparency and accountability to the agency.Made in Order
38Version 1Scanlon (PA)DemocratChanges the frequency that the Inspector General of the Department of Justice must report to Congress improper communications between DOJ and the White House. The bill increases the requirement to report on the DOJ/White House communications logs from every six months to every three months.Made in Order
39Version 1Golden (ME)DemocratExpands President and other covered officials' emolument disclosures to cover emoluments received or expected by spouses and dependent children, in line with other financial disclosures for spouses and dependent children in 5a USC 102(e).Made in Order
40Version 2Ross (NC)DemocratRevised Prohibits the President from requiring an officer or employee of the Executive Office of the President to enter into a nondisclosure agreement that is not related to the protection of classified or controlled unclassified information as a condition of employment or upon separation from the civil service.Made in Order
41Version 1Comer (KY)RepublicanSUBSTITUTE Strikes all sections of the bill and retitles as the "Inspector General Stability Act", but preserves a modified Title VII Subtitle A (Requiring Cause for Removal) which instead requires Congressional notification and a detailed rationale prior to an IG’s removal, and also preserves Title VII Subtitle C (Congressional Notification) which previously passed the House as H.R. 23.Made in Order
42Version 2Ross (NC)DemocratRevised Directs the Department of Justice (DOJ) to create an election threats task force to work with federal, state, and local partners to prioritize identifying, investigating, and prosecuting threats and acts of violence against election officials, workers, and their families.Made in Order
43Version 1Foxx (NC)RepublicanCreates parity in enforcement for Oversight and Reform Committee "Rule of 7" requests to protect minority party requests for information.Made in Order
44Version 2Pascrell (NJ), Quigley (IL)DemocratRevised Amends Title X to clarify ability of federal officials to visit federal property prior to an election, requires disclosure of Hatch Act Investigations for certain employees, makes the Hatch Act applicable to the President and Vice President while conducting official duties on White House and White House grounds, strengthens Hatch Act violation penalties, grants the Office of Special Counsel rulemaking authority and ability to continue investigating certain employees, grants the Merit System Protection Board the ability to enforce subpoenas against certain employees, and conducts a GAO review of Hatch Act provisions.Made in Order
45Version 1Bowman (NY)DemocratWithdrawn Expands the prohibition of Presidential pardons to include executive branch officials and their immediate family members.Withdrawn
46Version 1Cohen (TN)DemocratChanges the definition of a “covered offense” in Title I § 102 to include pardons issued to any third degree relative of the President, any member or former member of the President’s administration, any person who worked on the President’s presidential campaign as a paid employee, or any person or entity when the offense at issue is motivated by a direct and significant personal or pecuniary interest of any of the described individuals.Made in Order
47Version 1Fitzgerald (WI)RepublicanRequires written notification to Congress of termination of a Special Counsel within 30 days of delivery to the Special Counsel.Submitted
48Version 2Kilmer (WA), Rice, Kathleen (NY), Sarbanes (MD), Crist (FL)DemocratRevised Modernizes Federal Election Commission (FEC) disclosure requirements to ensure online political advertisements meet the same transparency and disclosure requirements that already apply to political ads sold on TV, radio, and satellite platforms. Also requires online platforms to take reasonable steps to ensure that foreign individuals and entities are not purchasing political advertisements in order to influence the American electorate, and directs the FEC to commission an independent study and report on media literacy with respect to online political content consumption among voting-age Americans.Made in Order
49Version 2Aguilar (CA)DemocratRevised Requires that each state chief’s election official creates a database of election officials who have received threats against them and need their personally identifiable information (PII) protected to ensure safe and fair elections. Ensures these individuals can request their PII be removed from public websites. Revision removes provision concerning restrictions on data brokers.Made in Order
50Version 1Maloney, Sean (NY)DemocratClarifies language in the Former Presidents Act to state that impeachment and conviction, regardless of removal, makes a former president ineligible for benefits. Imposes a new mandate on former presidents that if convicted of a felony for crimes committed during or after office, some benefits would be forfeited.Made in Order
51Version 1McGovern (MA), Meijer (MI), DeFazio (OR)Bi-PartisanStrengthens safeguards in the bill against presidential abuse of emergency powers by prohibiting their use for purposes other than emergencies; providing expedited procedures for joint resolutions to end emergency declarations; and ending "permanent emergencies" through a five-year limit.Made in Order
52Version 1Adams (NC)DemocratLate Withdrawn Allows the chairman of the Federal Election Commission to also redact information from a return that could cause "physical harm" when made public.Withdrawn
53Version 5Adams (NC)DemocratLate Revised Requires the FEC to make an income tax return public and post online within 48 hours of receiving a return, including redactions. However, if an income tax return requires considerable, extensive, and significant time for the FEC to make redactions, the FEC may make the return available after 48 hours but not later than 30 days after receipt of return.Made in Order
54Version 3Cicilline (RI), Quigley (IL)DemocratLate Revised Requires the White House to maintain a publicly accessible website that includes salary and financial disclosure information for White House employees.Made in Order
55Version 1Issa (CA)RepublicanLate States that an incoming staffer in a Member office who already has a clearance shall not be counted against the two clearances per office that the current House rules allow.Made in Order
56Version 1Omar (MN)DemocratLate Prohibits a corporation convicted of a felony involving fraud or dishonesty from contributing to an election campaign.Submitted
57Version 1Foxx (NC)RepublicanLate Codifies a Senate rule that brings transparency to sources of compensation for Congressional fellowships, applying it to both chambers.Submitted
58Version 1Omar (MN)DemocratLate Ensures agency interns are covered by whistleblower provisions.Made in Order
59Version 2Graves, Garret (LA)RepublicanLate Revised Prohibits the citizens of foreign countries from influencing the election of the president of the United States through their illegal presence in the United States affecting the number of electoral votes apportioned to any state.Revised
60Version 2Graves, Garret (LA)RepublicanLate Revised Prohibits citizens of a foreign country from causing the vote of any citizen of the United States to have a greater or lesser impact on electing the President of the United States.Revised
61Version 1Maloney, Carolyn (NY)DemocratMANAGER’S AMENDMENT Late Strikes the bill’s applicability to the District of Columbia government, prohibits the practice of candidates compensating spouses for campaign-related services, and makes other technical changes.Considered as Adopted