Democrats' Plan to Reform Policies Related to Presidential Abuses of Power, Transparency, & Foreign Election Interference (H.R. 5314)

What is H.R. 5314?

(Updated March 12, 2022)

This bill — known as the Protecting Our Democracy Act — would enact governmental reforms related to presidential abuses of power; checks and balances, accountability, and transparency; and foreign interference in elections. A breakdown of its various provisions can be found below.

Regarding presidential abuses of power, this bill would:

• Require the Dept. of Justice (DOJ) and the president to submit to Congress specified materials related to certain pardons

• Prohibit self-pardons by the president.

• Suspend the statute of limitations for federal offenses committed by a sitting president or vice president.

• Prohibit the acceptance of foreign or domestic emoluments.

• Set forth provisions regarding the jurisdiction and enforcement authority of the Office of Government Ethics and the Office of Special Counsel.

Provisions of the bill addressing checks and balances, accountability, and transparency would:

• Authorize specified actions to enforce congressional subpoenas.

• Impose limits on presidential declarations of emergencies.

• Require the DOJ to maintain a log of specified communications between it and the White House.

• Require cause for removal of inspectors general.

• Increase whistleblower protections.

• Require 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.

• Establish penalties for political appointees who engage in prohibited political activities.

Provisions of this bill aimed at protecting against foreign interference in elections would:

• Require federal campaign reporting of foreign contacts.

• Require federal campaigns to establish a foreign contacts compliance policy.

• Specify that foreign donations to political campaigns and candidates of nonpublic information relating to a candidate are prohibited.

Argument in favor

This bill contains much-needed reforms to federal policies aimed at protecting institutions against abuses of power by future presidents and efforts by foreign contacts to influence U.S. political campaigns and elections. It includes aggressive policies from Democrats’ agenda along with provisions that have received bipartisan support in the past.

Argument opposed

Democrats shouldn’t attempt to ram through a package of government reforms impacting federal officeholders and political campaigns on a party-line basis, especially when there are provisions with bipartisan support alongside partisan policies. For reform legislation to be genuine and worthwhile it should be drafted on a bipartisan basis from the start.

Impact

The president and vice president; the DOJ; Congress and other relevant oversight or enforcement agencies.

Cost of H.R. 5314

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Adam Schiff (D-CA) introduced this legislation to reform federal policies to address potential presidential abuses of power, oversight and transparency of presidential campaigns and the White House, and foreign interference in U.S. elections. He explained in a statement:

“While Donald Trump is no longer president, the fault lines he exposed in the foundation of our democracy remain — ready for a future unethical president to exploit. These weaknesses continue to erode the American people’s trust in our democratic institutions and the norms that are essential to a functioning democracy. As Congress pursues its mission to strengthen and protect our democracy for future generations, these reforms will help ensure that we can keep our cherished republic.”

House Speaker Nancy Pelosi (D-CA) added:

“In their great wisdom, our Founders enshrined in the Constitution a system of checks and balances to ensure the survival and strength of a democracy of, by and for the people. As our nation looks ahead, it is our solemn obligation as Members of Congress to honor our Founders’ vision and take action to restore the rule of law for future generations to come. Led by Chairman Adam Schiff, House Democrats are advancing the Protecting Our Democracy Act: a robust, transformative package of democracy reforms that will restore democratic norms and institutions and put in place essential safeguards to prevent any president, regardless of party, from abusing the public trust or desecrating our democracy.”

House Rules Committee Ranking Member Tom Cole (R-OK) expressed opposition to this bill when it came before the committee ahead of floor consideration and explained what he views as its flaws:

“I have three major areas of concern with this package. First, the bill is not a serious attempt at passing a real governmental reform package. Instead, it amounts to an attempt to change the law to address every single Democratic complaint about the previous administration. At a time when the American people are rightly concerned about inflation and the weak economy, the Majority is once again wasting its time by talking about the former president. I can think of countless other ways we could be spending our time that would be more productive and that would deliver better results for our constituents. Second, the bill is largely duplicative of other bills that have previously passed the House. Not content with having previously passed H.R. 1, a bill designed to protect Democratic incumbents, the Majority is now seeking to pass some of those same provisions as part of a new package. This is a complete waste of the House’s time. Third, there are some provisions in this bill that have general bipartisan support and that could be enacted into law. But their inclusion in this partisan package shows that the Majority is not serious about enacting these reforms. If they were, they would allow these provisions to come to the floor separately as part of a standalone bipartisan reform package.”

Media:

• Sponsoring Rep. Adam Schiff (D-CA) Press Release

• House Rules Committee Ranking Member Tom Cole (R-OK) Press Release