Protecting Our Democracy Act, H.R. 5314 — Congressional Record, House, December 9, 2021
Summary
Page H7562 of the House section of the Congressional Record for December 9, 2021, in interleaved columns, from debate on the Protecting Our Democracy Act, H.R. 5314. Remarks note that many parents across the country have lost their children to accidental fentanyl overdoses, and one speaker laments needless gun violence. Tributes recognize David and the Patton Township Business Association and a mayor of Lavonia who was first elected to the Lavonia City Council in 1987. Bill text on reservists and a roll call listing also appear.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Protecting Our Democracy Act, H.R. 5314 — Congressional Record, House, December 9, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-12-09-crec-2021-12-09-pt1-pgh7562-6-2fe4115f79/
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H7562 CONGRESSIONAL RECORD — HOUSE December 9, 2021
continued to advance the commercial, American teenagers. Many parents Lavonia’s success. In 1987, Mr. Owens
industrial, and civic interests for the across our country, and including my was first elected to the Lavonia City
people of Patton Township. home State of Oklahoma, have trag- Council. Just two short years later, he
I have had the privilege of working ically lost their children to accidental became the mayor of Lavonia, where
closely with David and the Patton fentanyl overdoses. No one should ever he dutifully served his local commu-
Township Business Association as they have to experience that sort of pain. nity for over three decades.
advocated on behalf of small businesses In February, we have the chance to During his lifetime as a public offi-
in Patton Township and the Centre respond. The emergency class-wide cial, Mayor Owens’ leadership ushered
County region. scheduling order for fentanyl-related in impressive industrial and economic
I thank David for his years of leader- substances is set to expire. Democrats growth to the city. From dramatically
ship and service to the organization, want to enact only temporary exten- improving the city’s police depart-
Patton Township, and Centre County. sions, while Republicans are fighting to ment, to bringing new businesses to
His contributions cannot be overstated, make it permanent. the community, Ralph was a dedicated
and his legacy will be remembered for Madam Speaker, there are deadly servant to the great people of Lavonia.
years to come. consequences to the lack of security at I am deeply saddened by the loss of
f the border. We must ensure law en- such an accomplished individual that
forcement has the resources to protect led with his servant’s heart to truly
UNDENIABLE CRISIS AT OUR
our country and keep those drugs out make a positive difference in his com-
SOUTHERN BORDER
of American hands. munity. Georgia’s Ninth District will
(Mr. VALADAO asked and was given f always remember Mayor Ralph Owens
permission to address the House for 1 and his profound impact on the city of
minute and to revise and extend his re- CRISIS ON THE SOUTHERN
Lavonia and both Franklin and Hart
marks.) BORDER
Counties in northeast Georgia.
Mr. VALADAO. Madam Speaker, (Mr. MEUSER asked and was given
f
what we are seeing at our southern bor- permission to address the House for 1
der is an undeniable crisis. An unthink- minute and to revise and extend his re- CONGRATULATING ELIZABETH
able amount of fentanyl and fentanyl- marks.) RAFF
related substances are coming across Mr. MEUSER. Madam Speaker, it is (Mr. SMUCKER asked and was given
our border. There is enough fentanyl no surprise to anyone here or through- permission to address the House for 1
coming across our border to kill every out the United States that we have a minute.)
American seven times over. Think serious crisis at our southern border. Mr. SMUCKER. Madam Speaker, I
about that. All anyone has to do is go visit the am proud to rise today to congratulate
This only exacerbates our existing southern border to see the devastation, Mrs. Elizabeth Raff of Lancaster Coun-
drug problem in the United States, like to see the death, to see the despera- ty, who was recently named Pennsylva-
the rising use of meth in the Central tion, to see the drugs coming across, nia’s Teacher of the Year for 2022.
Valley of California. Madam Speaker. Elizabeth teaches sixth grade at
In October, U.S. Customs and Border Since President Biden has come into Pequea Elementary School, in the
Protection apprehended over 160,000 il- office, a record number, over 2 million Penn Manor School District in Lan-
legal immigrants attempting to cross illegal immigrants, have been appre- caster County, where she has taught
our southern border, the highest num- hended: a 128 percent increase in appre- since 2014. Penn Manor School District
ber of apprehensions for October on hensions from the previous year. Superintendent, Dr. Mike Leichliter,
record. And 1.7 million migrants were appre- described Elizabeth as a ‘‘dynamic and
I have always been supportive of im- hended illegally just this year, while creative teacher who is always looking
migration. After all, I am the son of 400,000 illegally crossed the border and to find new ways to reach her stu-
immigrants. But we have to respect got away. dents’’ and noted that ‘‘she creates a
and enforce our laws. By refusing to But the President and his adminis- space where students are encouraged to
enforce immigration laws, this admin- tration halted the Trump administra- explore ideas in a supportive and re-
istration is sending a dangerous mes- tion’s successful remain in Mexico pol- spectful environment.’’
sage that our border is open for busi- icy, has reinstated catch-and-release, There is no question that teachers
ness to cartels and encourages people has refused to enforce title 42, and is and students have been impacted; they
to put themselves in harm’s way to providing incentives for illegals to have had challenges presented by the
cross our border. come into our country through mass COVID–19 pandemic over the last 2
f amnesty proposals, work visas, and years, and we thank our teachers for
driver’s licenses. Okay? all they have done to make sure that
FENTANYL CRISIS
This is a serious matter for every our students are receiving the best edu-
(Mrs. BICE of Oklahoma asked and State, for my constituents, for my dis- cation possible.
was given permission to address the trict. We have the highest level of over- That is certainly true of Mrs. Raff,
House for 1 minute and to revise and dose fatalities ever, and it is a direct whose classroom is well-decorated and
extend her remarks.) result of the Biden administration pol- offers students access to a large library
Mrs. BICE of Oklahoma. Madam icy. This needs to stop. This is a ter- of books to pique their interest, and a
Speaker, I rise today to address the un- rible situation caused by the Biden ad- raised stage to provide students the op-
imaginable amount of dangerous ministration. I wish it would stop. We portunity to present to their class-
fentanyl and related substances that could stop it here. mates.
are crossing our southern border, f Thank you to Mrs. Raff for all you
enough to kill every American seven
HONORING THE LIFE AND LEGACY have done to educate students in our
times over.
OF RALPH OWENS community. We all appreciate your ef-
Criminal drug cartels are capital-
forts and wish to congratulate you on
izing on the lack of security due to (Mr. CLYDE asked and was given per-
being named Pennsylvania’s 2022
Biden’s open-border policies. Since mission to address the House for 1
Teacher of the Year.
these large amounts of fentanyl are minute.)
flooding in, the DEA issued its first Mr. CLYDE. Madam Speaker, I rise f
public safety alert in 6 years, warning today to honor the life and legacy of an b 1230
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the public about fake pills laced with honorable public servant, Mr. Ralph
lethal doses of fentanyl, and we are Owens, of Lavonia, Georgia. PROTECTING OUR DEMOCRACY
seeing the devastating effects. As a lifetime member of the Franklin ACT
Synthetic opioids, primarily County community, Ralph humbly an- Mrs. CAROLYN B. MALONEY of New
fentanyl, account for nearly two-thirds swered the call to public service and York. Madam Speaker, pursuant to
of the overdose deaths, including played a critical role in the city of House Resolution 838, I call up the bill
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7563
(H.R. 5314) to protect our democracy by Sec. 404. Compliance with congressional sub- Sec. 713. Conforming amendments and co-
preventing abuses of presidential poenas. ordination with other provi-
power, restoring checks and balances Sec. 405. Rule of construction. sions of law.
and accountability and transparency in TITLE V—REASSERTING Subtitle C—Congressional Notification
CONGRESSIONAL POWER OF THE PURSE Sec. 721. Short title.
government, and defending elections
Sec. 500. Short title. Sec. 722. Change in status of Inspector Gen-
against foreign interference, and for
Subtitle A—Strengthening Congressional eral offices.
other purposes, and ask for its imme- Sec. 723. Presidential explanation of failure
diate consideration. Control and Review To Prevent Impound-
ment to nominate an Inspector Gen-
The Clerk read the title of the bill. eral.
The SPEAKER pro tempore (Ms. Sec. 501. Strengthening congressional con-
trol. TITLE VIII—PROTECTING
STANSBURY). Pursuant to House Reso- WHISTLEBLOWERS
Sec. 502. Strengthening congressional re-
lution 838, an amendment in the nature view. Subtitle A—Whistleblower Protection
of a substitute consisting of the text of Sec. 503. Updated authorities for and report- Improvement
Rules Committee Print 117–20, modified ing by the Comptroller General. Sec. 801. Short title.
by the amendment printed in part A of Sec. 504. Advance congressional notification Sec. 802. Additional whistleblower protec-
House Report 117–205, is adopted and and litigation. tions.
the bill, as amended, is considered Sec. 505. Penalties for failure to comply Sec. 803. Enhancement of whistleblower pro-
with the Impoundment Control tections.
read. Sec. 804. Classifying certain furloughs as ad-
Act of 1974.
The text of the bill, as amended, is as verse personnel actions.
follows: Subtitle B—Strengthening Transparency and
Sec. 805. Codification of protections for dis-
Reporting
H.R. 5314 closures of censorship related
PART 1—FUNDS MANAGEMENT AND REPORTING to research, analysis, or tech-
Be it enacted by the Senate and House of Rep- TO THE CONGRESS
resentatives of the United States of America in nical information.
Congress assembled, Sec. 511. Expired balance reporting in the Sec. 806. Title 5 technical and conforming
President’s budget. amendments.
SECTION 1. SHORT TITLE.
Sec. 512. Cancelled balance reporting in the Subtitle B—Whistleblowers of the
This Act may be cited as the ‘‘Protecting
President’s budget. Intelligence Community
Our Democracy Act’’. Sec. 513. Lapse in appropriations—Reporting
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Sec. 811. Limitation on sharing of intel-
in the President’s budget.
TABLE OF CONTENTS. ligence community whistle-
Sec. 514. Transfer and other repurposing au-
(a) DIVISIONS.—This Act is organized into blower complaints with persons
thority reporting in the Presi-
divisions as follows: named in such complaints.
dent’s budget.
(1) Division A—Preventing Abuses of Presi- Sec. 812. Disclosures to Congress.
Sec. 515. Authorizing cancellations in indefi- Sec. 813. Prohibition against disclosure of
dential Power. nite accounts by appropriation.
(2) Division B—Restoring Checks and Bal- whistleblower identity as re-
PART 2—EMPOWERING CONGRESSIONAL REVIEW prisal against whistleblower
ances, Accountability, and Transparency.
THROUGH NONPARTISAN CONGRESSIONAL disclosure by employees and
(3) Division C—Defending Elections
AGENCIES AND TRANSPARENCY INITIATIVES contractors in intelligence
Against Foreign Interference.
(4) Division D—Severability. Sec. 521. Requirement to respond to requests community.
(b) TABLE OF CONTENTS.—The table of con- for information from the Comp- TITLE IX—ACCOUNTABILITY FOR
tents of this Act is as follows: troller General for budget and ACTING OFFICIALS
Sec. 1. Short title. appropriations law decisions. Sec. 901. Short title.
Sec. 2. Organization of Act into divisions; Sec. 522. Reporting requirements for Sec. 902. Clarification of Federal Vacancies
table of contents. Antideficiency Act violations. Reform Act of 1998.
Sec. 523. Department of Justice reporting to
DIVISION A—PREVENTING ABUSES OF TITLE X—STRENGTHENING HATCH ACT
Congress for Antideficiency Act
PRESIDENTIAL POWER ENFORCEMENT AND PENALTIES
violations.
TITLE I—ABUSE OF THE PARDON POWER Sec. 524. Publication of budget or appropria- Sec. 1001. Short title.
PREVENTION tions law opinions of the De- Sec. 1002. Strengthening Hatch Act enforce-
Sec. 101. Short title. partment of Justice Office of ment and penalties against po-
Sec. 102. Congressional oversight relating to Legal Counsel. litical appointees.
certain pardons. Subtitle C—Strengthening Congressional TITLE XI—PROMOTING EFFICIENT
Sec. 103. Bribery in connection with pardons Role in and Oversight of Emergency Dec- PRESIDENTIAL TRANSITIONS
and commutations. larations and Designations Sec. 1101. Short title.
Sec. 104. Prohibition on presidential self- Sec. 1102. Ascertainment of successful can-
pardon. Sec. 531. Improving checks and balances on
didates in general elections for
the use of the National Emer-
TITLE II—ENSURING NO PRESIDENT IS purposes of presidential transi-
gencies Act.
ABOVE THE LAW tion.
Sec. 532. National Emergencies Act declara-
Sec. 201. Short title. tion spending reporting in the TITLE XII—PRESIDENTIAL AND VICE
Sec. 202. Tolling of statute of limitations. President’s budget. PRESIDENTIAL TAX TRANSPARENCY
TITLE III—ENFORCEMENT OF THE FOR- Sec. 533. Disclosure to Congress of presi- Sec. 1201. Presidential and Vice Presidential
EIGN AND DOMESTIC EMOLUMENTS dential emergency action docu- tax transparency.
CLAUSES OF THE CONSTITUTION ments. DIVISION C—DEFENDING ELECTIONS
Sec. 301. Short title. Sec. 534. Congressional Designations. AGAINST FOREIGN INTERFERENCE
Sec. 302. Definitions. TITLE VI—SECURITY FROM POLITICAL TITLE XIII—REPORTING FOREIGN
Sec. 303. Prohibition on acceptance of for- INTERFERENCE IN JUSTICE INTERFERENCE IN ELECTIONS
eign and domestic emoluments. Sec. 601. Short title. Sec. 1301. Federal campaign reporting of for-
Sec. 304. Civil actions by Congress con- Sec. 602. Definitions. eign contacts.
cerning foreign emoluments. Sec. 603. Communications logs. Sec. 1302. Federal campaign foreign contact
Sec. 305. Disclosures concerning foreign and Sec. 604. Rule of construction. reporting compliance system.
domestic emoluments. Sec. 1303. Criminal penalties.
Sec. 306. Enforcement authority of the Di- TITLE VII—PROTECTING INSPECTOR
GENERAL INDEPENDENCE Sec. 1304. Report to congressional intel-
rector of the Office of Govern- ligence committees.
ment Ethics. Subtitle A—Requiring Cause for Removal Sec. 1305. Rule of construction.
Sec. 307. Jurisdiction of the Office of Special Sec. 701. Short title. TITLE XIV—ELIMINATING FOREIGN
Counsel. Sec. 702. Amendment. INTERFERENCE IN ELECTIONS
DIVISION B—RESTORING CHECKS AND Sec. 703. Removal or transfer requirements.
Sec. 1401. Clarification of application of for-
BALANCES, ACCOUNTABILITY, AND Subtitle B—Inspectors General of eign money ban.
TRANSPARENCY Intelligence Community
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Sec. 1402. Requiring acknowledgment of for-
TITLE IV—ENFORCEMENT OF Sec. 711. Independence of Inspectors General eign money ban by political
CONGRESSIONAL SUBPOENAS of the Intelligence Community. committees.
Sec. 401. Short title. Sec. 712. Authority of Inspectors General of Sec. 1403. Prohibition on contributions and
Sec. 402. Findings. the Intelligence Community to donations by foreign nationals
Sec. 403. Enforcement of congressional sub- determine matters of urgent in connections with ballot ini-
poenas. concern. tiatives and referenda.
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H7564 CONGRESSIONAL RECORD — HOUSE December 9, 2021
DIVISION D—SEVERABILITY shall not deprive the courts of jurisdiction, without regard to whether the emolument is
TITLE XV—SEVERABILITY or operate to confer on the President any provided directly or indirectly, and without
Sec. 1501. Severability. legal immunity from investigation or pros- regard to whether the emolument is provided
ecution. to the President or to any private business
DIVISION A—PREVENTING ABUSES OF
TITLE II—ENSURING NO PRESIDENT IS interest of the President.
PRESIDENTIAL POWER
ABOVE THE LAW SEC. 304. CIVIL ACTIONS BY CONGRESS CON-
TITLE I—ABUSE OF THE PARDON POWER CERNING FOREIGN EMOLUMENTS.
PREVENTION SEC. 201. SHORT TITLE.
(a) CAUSE OF ACTION.—The House of Rep-
SEC. 101. SHORT TITLE. This title may be cited as the ‘‘No Presi- resentatives or the Senate may bring a civil
This title may be cited as the ‘‘Abuse of dent is Above the Law Act’’. action against any person for a violation of
the Pardon Power Prevention Act’’. SEC. 202. TOLLING OF STATUTE OF LIMITATIONS. subsection (a) of section 303.
SEC. 102. CONGRESSIONAL OVERSIGHT RELAT- (a) OFFENSES COMMITTED BY THE PRESIDENT (b) SPECIAL RULES.—In any civil action de-
ING TO CERTAIN PARDONS. OR VICE PRESIDENT DURING OR PRIOR TO TEN- scribed in subsection (a), the following rules
(a) SUBMISSION OF INFORMATION.—In the URE IN OFFICE.—Section 3282 of title 18, shall apply:
event that the President grants an indi- United States Code, is amended by adding at (1) The action shall be filed before the
vidual a pardon for a covered offense, not the end the following: United States District Court for the District
later than 30 days after the date of such par- ‘‘(c) OFFENSES COMMITTED BY THE PRESI- of Columbia.
don the Attorney General shall submit to the DENT OR VICE PRESIDENT DURING OR PRIOR TO (2) The action shall be heard by a three-
chairmen and ranking minority members of TENURE IN OFFICE.—In the case of any person judge court convened pursuant to section
the appropriate congressional committees— serving as President or Vice President of the 2284 of title 28, United States Code. It shall
(1) all materials obtained or produced by United States, the duration of that person’s be the duty of such court to advance on the
the prosecution team, including the Attor- tenure in office shall not be considered for docket and to expedite to the greatest pos-
ney General and any United States Attorney, purposes of any statute of limitations appli- sible extent the disposition of any such ac-
and all materials obtained or prepared by cable to any Federal criminal offense com- tion. Such action shall be reviewable only by
any investigative agency of the United mitted by that person (including any of- appeal directly to the Supreme Court of the
States government, relating to the offense fenses committed during any period of time United States. Such appeal shall be taken by
for which the individual was so pardoned; preceding such tenure in office).’’. the filing of a notice of appeal within 10
and (b) APPLICABILITY.—The amendments made days, and the filing of a jurisdictional state-
(2) all materials obtained or produced by by subsection (a) shall apply to any offense ment within 30 days, of the entry of the final
the Department of Justice in relation to the committed before the date of the enactment decision.
pardon. of this section, if the statute of limitations (3) It shall be the duty of the Supreme
(b) TREATMENT OF INFORMATION.—Rule 6(e) applicable to that offense had not run as of Court of the United States to advance on the
of the Federal Rules of Criminal Procedure such date. docket and to expedite to the greatest pos-
may not be construed to prohibit the disclo- (c) RULE OF CONSTRUCTION.—Nothing in sible extent the disposition of any such ac-
sure of information required by subsection this section may be construed to preclude tion and appeal.
(a) of this section. the indictment or prosecution of a President (c) REMEDY.—If the court determines that
(c) DEFINITIONS.—In this section: or Vice President, during that President or a violation of subsection (a) of section 303
(1) The term ‘‘appropriate congressional Vice President’s tenure in office, for viola- has occurred, the court shall issue an order
committees’’ means— tions of the criminal laws of the United enjoining the course of conduct found to con-
(A) the Committee on the Judiciary of the States. stitute the violation, and such of the fol-
House of Representatives and the Committee TITLE III—ENFORCEMENT OF THE FOR- lowing as are appropriate:
on the Judiciary of the Senate; and EIGN AND DOMESTIC EMOLUMENTS (1) The disgorgement of the value of any
(B) if an investigation relates to intel- CLAUSES OF THE CONSTITUTION foreign present or emolument.
ligence or counterintelligence matters, the (2) The surrender of the physical present or
SEC. 301. SHORT TITLE.
Permanent Select Committee on Intelligence emolument to the Department of State,
of the House of Representatives and the Se- This title may be cited as the ‘‘Foreign and
which shall, if practicable, dispose of the
lect Committee on Intelligence of the Sen- Domestic Emoluments Enforcement Act’’.
present or emolument and deposit the pro-
ate. SEC. 302. DEFINITIONS.
ceeds into the United States Treasury.
(2) The term ‘‘covered offense’’ means— In this title: (3) The renunciation of any office or title
(A) an offense against the United States (1) The term ‘‘emolument’’ means any prof- accepted in violation of such subsection.
that arises from an investigation in which it, gain, or advantage that is received di- (4) A prohibition on the use or holding of
the President, or a relative of the President, rectly or indirectly from any government of such an office or title.
is a target or subject; a foreign country, the Federal government, (5) Such other relief as the court deter-
(B) an offense under section 192 of title 2, or any State or local government, or from mines appropriate.
United States Code; or any instrumentality thereof, including pay- (d) USE OF GOVERNMENT FUNDS PROHIB-
(C) an offense under section 1001, 1505, 1512, ments arising from commercial transactions ITED.—No appropriated funds, funds provided
or 1621 of title 18, United States Code, pro- at fair market value. from any accounts in the United States
vided that the offense occurred in relation to (2) The term ‘‘person holding any office of Treasury, funds derived from the collection
a Congressional proceeding or investigation. profit or trust under the United States’’ in- of fees, or any other Government funds shall
(3) The term ‘‘pardon’’ includes a com- cludes the President of the United States be used to pay any disgorgement imposed by
mutation of sentence. and the Vice-President of the United States. the court pursuant to this section.
(4) The term ‘‘relative’’ has the meaning (3) The term ‘‘government of a foreign SEC. 305. DISCLOSURES CONCERNING FOREIGN
given that term in section 3110(a) of title 5, country’’ has the meaning given such term AND DOMESTIC EMOLUMENTS.
United States Code. in section 1(e) of the Foreign Agents Reg- (a) DISCLOSURES.—Section 102(a) of the
SEC. 103. BRIBERY IN CONNECTION WITH PAR- istration Act (22 U.S.C. 611(e)). Ethics in Government Act of 1978 (5 U.S.C.
DONS AND COMMUTATIONS. SEC. 303. PROHIBITION ON ACCEPTANCE OF FOR- App.) is amended by adding at the end the
Section 201 of title 18, United States Code, EIGN AND DOMESTIC EMOLUMENTS. following:
is amended— (a) FOREIGN.—Except as otherwise provided ‘‘(9) Any present, emolument, office, or
(1) in subsection (a)— in section 7342 of title 5, United States Code, title received from a government of a foreign
(A) in paragraph (1), by inserting ‘‘, includ- it shall be unlawful for any person holding country, including the source, date, type,
ing the President and the Vice President of an office of profit or trust under the United and amount or value of each present or emol-
the United States,’’ after ‘‘or an officer or States to accept from a government of a for- ument accepted on or before the date of fil-
employee or person’’; and eign country, without first obtaining the ing during the preceding calendar year.
(B) in paragraph (3), by inserting before the consent of Congress, any present or emolu- ‘‘(10) Each business interest that is reason-
period at the end the following: ‘‘, including ment, or any office or title. The prohibition ably expected to result in the receipt of any
any pardon, commutation, or reprieve, or an under this subsection applies without regard present or emolument from a government of
offer of any such pardon, commutation, or to whether the present, emolument, office, a foreign country during the current cal-
reprieve’’; and or title is— endar year.
(2) in subsection (b)(3), by inserting ‘‘(in- (1) provided directly or indirectly by that ‘‘(11) In addition, the President shall re-
cluding, for purposes of this paragraph, any government of a foreign country; or port—
pardon, commutation, or reprieve, or an (2) provided to that person or to any pri- ‘‘(A) any emolument received from the
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offer of any such pardon, commutation, or vate business interest of that person. United States, or any of them, other than
reprieve)’’ after ‘‘corruptly gives, offers, or (b) DOMESTIC.—It shall be unlawful for the the compensation for his or her services as
promises anything of value’’. President to accept from the United States, President provided for by Federal law; and
SEC. 104. PROHIBITION ON PRESIDENTIAL SELF- or any of them, any emolument other than ‘‘(B) any business interest that is reason-
PARDON. the compensation for his or her services as ably expected to result in the receipt of any
The President’s grant of a pardon to him- President provided for by Federal law. The emolument from the United States, or any of
self or herself is void and of no effect, and prohibition under this subsection applies them.’’.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7565
(b) RULE OF CONSTRUCTION.—Nothing in the DIVISION B—RESTORING CHECKS AND ‘‘(1) CASES INVOLVING GOVERNMENT AGEN-
amendments made by this section shall be BALANCES, ACCOUNTABILITY, AND CIES.—
construed to affect the prohibition against TRANSPARENCY ‘‘(A) IN GENERAL.—The court may impose
the acceptance of presents and emoluments TITLE IV—ENFORCEMENT OF monetary penalties directly against each
under section 303. CONGRESSIONAL SUBPOENAS head of a Government agency and the head
of each component thereof held to have
SEC. 401. SHORT TITLE.
SEC. 306. ENFORCEMENT AUTHORITY OF THE DI- knowingly failed to comply with any part of
RECTOR OF THE OFFICE OF GOV- This title may be cited as the ‘‘Congres-
a congressional subpoena, unless—
ERNMENT ETHICS. sional Subpoena Compliance and Enforce-
‘‘(i) the President instructed the official
ment Act’’.
(a) GENERAL AUTHORITY.—Section 402(a) of not to comply; and
SEC. 402. FINDINGS. ‘‘(ii) the President, or the head of the agen-
the Ethics in Government Act of 1978 (5 The Congress finds as follows: cy or component thereof, submits to the
U.S.C. App.) is amended— (1) As the Supreme Court has repeatedly court a letter confirming such instruction
(1) by striking ‘‘(a) The Director’’ and in- affirmed, including in its July 9, 2020 holding and the basis for such instruction.
serting ‘‘(a)(1) The Director’’; and in Trump v. Mazars, Congress’s ‘‘power of in- ‘‘(B) PROHIBITION ON USE OF GOVERNMENT
(2) by adding at the end the following new quiry—with process to enforce it—is an es- FUNDS.—No appropriated funds, funds pro-
paragraph: sential and appropriate auxiliary to the leg- vided from any accounts in the Treasury,
‘‘(2) The Director shall provide overall di- islative function’’. Congress’s power to ob- funds derived from the collection of fees, or
rection of executive branch policies related tain information, including through the other Government funds shall be used to pay
to compliance with the Foreign and Domes- issuance of subpoenas and the enforcement any monetary penalty imposed by the court
of such subpoenas, is ‘‘broad and indispen- pursuant to this paragraph.
tic Emoluments Enforcement Act and the
sable’’. ‘‘(2) LEGAL FEES.—In addition to any other
amendments made by such Act and shall (2) Congress ‘‘suffers a concrete and par-
have the authority to— penalties or sanctions, the court shall re-
ticularized injury when denied the oppor- quire that any defendant, other than a Gov-
‘‘(A) issue administrative fines to individ- tunity to obtain information necessary’’ to ernment agency, held to have willfully failed
uals for violations; the exercise of its constitutional functions, to comply with any part of a congressional
‘‘(B) order individuals to take corrective as the U.S. Court of Appeals for the District subpoena, pay a penalty in an amount equal
action, including disgorgement, divestiture, of Columbia Circuit correctly recognized in to that party’s legal fees, including attor-
and recusal, as the Director deems nec- its August 7, 2020 en banc decision in Com- ney’s fees, litigation expenses, and other
essary; and mittee on the Judiciary of the U.S. House of costs. If such defendant is an officer or em-
‘‘(C) bring civil actions to enforce such Representatives v. McGahn. ployee of a Government agency, such fees
fines and orders.’’. (3) Accordingly, the Constitution secures may be paid from funds appropriated to pay
(b) SPECIFIC AUTHORITIES.—Section 402(b) to each House of Congress an inherent right the salary of the defendant.
of such Act (5 U.S.C. App.) is amended— to enforce its subpoenas in court. Explicit ‘‘(d) WAIVER.—Any ground for noncompli-
(1) by striking ‘‘and’’ at the end of para- statutory authorization is not required to se- ance asserted by the recipient of a congres-
graph (14); cure such a right of action, and the contrary sional subpoena shall be deemed to have been
(2) by striking the period at the end of holding by a divided panel of the U.S. Court waived as to any particular information
paragraph (15) and inserting ‘‘; and’’; and of Appeals for the District of Columbia Cir- withheld from production if the court finds
(3) by adding at the end the following new cuit in McGahn, entered on August 31, 2020, that the recipient failed in a timely manner
paragraph: was in error. to comply with the applicable requirements
‘‘(16) developing and promulgating rules SEC. 403. ENFORCEMENT OF CONGRESSIONAL of section 105(b) of the Revised Statutes of
SUBPOENAS. the United States with respect to such infor-
and regulations to ensure compliance with
the Foreign and Domestic Emoluments En- (a) IN GENERAL.—Chapter 85 of title 28, mation.
forcement Act and the amendments made by United States Code, is amended by inserting ‘‘(e) RULES OF PROCEDURE.—The Supreme
such Act, including establishing— after section 1365 the following: Court and the Judicial Conference of the
‘‘(A) requirements for reporting and disclo- ‘‘§ 1365a. Congressional actions against sub- United States shall prescribe rules of proce-
sure; poena recipients dure to ensure the expeditious treatment of
‘‘(B) a schedule of administrative fines ‘‘(a) CAUSE OF ACTION.—The United States actions described in subsection (a). Such
that may be imposed by the Director for vio- House of Representatives, the United States rules shall be prescribed and submitted to
lations; and Senate, or a committee or subcommittee the Congress pursuant to sections 2072, 2073,
‘‘(C) a process for referral of matters to the thereof, may bring a civil action against the and 2074. This shall include procedures for
Office of Special Counsel for investigation in recipient of a subpoena issued by a congres- expeditiously considering any assertion of
compliance with section 1216(d) of title 5, sional committee or subcommittee to en- constitutional or Federal statutory privilege
United States Code.’’. force compliance with the subpoena. made in connection with testimony by any
‘‘(b) SPECIAL RULES.—In any civil action recipient of a subpoena from a congressional
SEC. 307. JURISDICTION OF THE OFFICE OF SPE- committee or subcommittee. The Supreme
CIAL COUNSEL.
described in subsection (a), the following
rules shall apply: Court shall transmit such rules to Congress
Section 1216 of title 5, United States Code, ‘‘(1) The action may be filed in a United within 6 months after the effective date of
is amended— States district court of competent jurisdic- this section and then pursuant to section
(1) in subsection (a)— tion. 2074 thereafter.
(A) in paragraph (4), by striking ‘‘and’’ at ‘‘(2) Notwithstanding section 1657(a), it ‘‘(f) DEFINITION.—For purposes of this sec-
shall be the duty of every court of the United tion, the term ‘Government agency’ means
the end;
States to expedite to the greatest possible any office or entity described in section 105
(B) in paragraph (5) by striking the period
extent the disposition of any such action and and 106 of title 3, an executive department
and inserting ‘‘; and’’; and
appeal. Upon a showing by the plaintiff of listed in section 101 of title 5, an independent
(C) by adding at the end the following:
undue delay, other irreparable harm, or good establishment, commission, board, bureau,
‘‘(6) any violation of section 303 of the For-
cause, a court to which an appeal of the ac- division, or office in the executive branch, or
eign and Domestic Emoluments Enforcement
tion may be taken shall issue any necessary other agency or instrumentality of the Fed-
Act or of the amendments made by section
and appropriate writs and orders to ensure eral Government, including wholly or partly
305 of such Act.’’; and
compliance with this paragraph. owned Government corporations.’’.
(2) by adding at the end the following: (b) CLERICAL AMENDMENT.—The table of
‘‘(3) If a three-judge court is expressly re-
‘‘(d) If the Director of the Office of Govern- quested by the plaintiff in the initial plead- sections for chapter 85 of title 28, United
ment Ethics refers a matter for investigation ing, the action shall be heard by a three- States Code, is amended by inserting after
pursuant to section 402 of the Ethics in Gov- judge court convened pursuant to section the item relating to section 1365 the fol-
ernment Act of 1978, or if the Special Counsel 2284, and shall be reviewable only by appeal lowing:
receives a credible complaint of a violation directly to the Supreme Court of the United ‘‘1365a. Congressional actions against sub-
referred to in subsection (a)(6), the Special States. Such appeal shall be taken by the fil- poena recipients.’’.
Counsel shall complete an investigation not ing of a notice of appeal within 10 days, and SEC. 404. COMPLIANCE WITH CONGRESSIONAL
the filing of a jurisdictional statement with- SUBPOENAS.
later than 120 days thereafter. If the Special
in 30 days, of the entry of the final decision. (a) IN GENERAL.—Chapter 7 of title II of the
Counsel investigates any violation pursuant
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‘‘(4) The initial pleading must be accom- Revised Statutes of the United States (2
to subsection (a)(6), the Special Counsel U.S.C. 191 et seq.) is amended—
panied by certification that the party bring-
shall report not later than 7 days after the ing the action has in good faith conferred or (1) by adding at the end the following:
completion of such investigation to the Di- attempted to confer with the recipient of the ‘‘SEC. 105. RESPONSE TO CONGRESSIONAL SUB-
rector of the Office of Government Ethics subpoena to secure compliance with the sub- POENAS.
and to Congress on the results of such inves- poena without court action. ‘‘(a) SUBPOENA BY CONGRESSIONAL COM-
tigation.’’. ‘‘(c) PENALTIES.— MITTEE.—Any recipient of any subpoena from
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H7566 CONGRESSIONAL RECORD — HOUSE December 9, 2021
a congressional committee or subcommittee tion (as that term is defined in section 1511 prudent obligation of such appropriation or
shall appear and testify, produce, or other- of title 31, United States Code) made pursu- the execution of a program, project, or activ-
wise disclose information in a manner con- ant to section 1512 of such title, an appro- ity by such department or agency;
sistent with the subpoena and this section. priation shall be apportioned— and such notification shall contain informa-
‘‘(b) FAILURE TO PRODUCE INFORMATION.— ‘‘(1) to make available all amounts for ob- tion identifying the bureau, account name,
‘‘(1) GROUNDS FOR WITHHOLDING INFORMA- ligation in sufficient time to be prudently appropriation name, and Treasury Appro-
TION.—Unless required by the Constitution or obligated; and priation Fund Symbol or fund account.
by Federal statute, no claim of privilege or ‘‘(2) to make available all amounts for ob- ‘‘(b) APPROVING OFFICIALS.—
protection from disclosure shall be a ground ligation, without precondition (including ‘‘(1) DELEGATION OF AUTHORITY.—Not later
for withholding information responsive to footnotes) that shall be met prior to obliga- than 15 days after the date of enactment of
the subpoena or required by this section. tion, not later than 90 days before the expi- this section, any delegation of apportion-
‘‘(2) IDENTIFICATION OF INFORMATION WITH- ration of the period of availability of such ment authority pursuant to section 1513(b) of
HELD.—In the case of information that is appropriation, including, if applicable, 90 title 31, United States Code that is in effect
withheld, in whole or in part, by the sub- days before the expiration of an initial pe- as of such date shall be submitted for publi-
poena recipient, the subpoena recipient riod of availability for which such appropria- cation in the Federal Register. Any delega-
shall, without delay provide a log containing tion was provided.’’. tion of such apportionment authority after
the following: (b) CLERICAL AMENDMENT.—The table of the date of enactment of this section shall,
‘‘(A) An express assertion and description contents of the Congressional Budget and on the date of such delegation, be submitted
of the ground asserted for withholding the Impoundment Control Act of 1974 set forth in for publication in the Federal Register. The
information. section 1(b) of such Act is amended by adding Office of Management and Budget shall pub-
‘‘(B) The type of information. after the item relating to section 1017 the lish such delegations in a format that quali-
‘‘(C) The general subject matter. following:
fies such publications as an Open Govern-
‘‘(D) The date, author, and addressee. ‘‘1018. Prudent obligation of budget author- ment Data Asset (as defined in section 3502
‘‘(E) The relationship of the author and ad- ity and specific requirements of title 44, United States Code) on a public
dressee to each other. for expiring budget authority.’’. internet website, which shall be continu-
‘‘(F) The custodian of the information. SEC. 502. STRENGTHENING CONGRESSIONAL RE- ously updated with the position of each Fed-
‘‘(G) Any other descriptive information VIEW.
eral officer or employee to whom apportion-
that may be produced or disclosed regarding (a) IN GENERAL.—The Impoundment Con- ment authority has been delegated.
the information that will enable the congres- trol Act of 1974 (2 U.S.C. 681 et seq.), as ‘‘(2) REPORT TO CONGRESS.—Not later than 5
sional committee or subcommittee issuing amended by section 501(a), is further amend-
days after any change in the position of the
the subpoena to assess the ground asserted ed by adding at the end the following:
approving official with respect to such dele-
for withholding the information. ‘‘REPORTING gated apportionment authority for any ac-
‘‘(c) DEFINITION.—For purposes of this sec- ‘‘SEC. 1019. (a) APPORTIONMENT OF APPRO- count is made, the Office shall submit a re-
tion the term ‘information’ includes any PRIATIONS.— port to the Committees on Appropriations of
books, papers, documents, data, or other ob- ‘‘(1) IN GENERAL.—Not later than 90 days the House of Representatives and the Senate,
jects requested in a subpoena issued by a after the date of enactment of this section, the Committees on the Budget of the House
congressional committee or subcommittee.’’. the Office of Management and Budget shall of Representatives and the Senate, and any
(b) CLERICAL AMENDMENT.—The table of complete implementation of an automated other appropriate congressional committee
contents for chapter 7 of title II of the Re- system to post each document apportioning explaining why such change was made.’’.
vised Statutes of the United States is an appropriation, pursuant to section 1513(b) (b) CLERICAL AMENDMENT.—The table of
amended by adding at the end the following: of title 31, United States Code, including any contents of the Congressional Budget and
‘‘105. Response to congressional subpoenas.’’. associated footnotes, in a format that quali- Impoundment Control Act of 1974 set forth in
SEC. 405. RULE OF CONSTRUCTION. fies each such document as an Open Govern- section 1(b) of such Act, as amended by sec-
Nothing in this title may be interpreted to ment Data Asset (as defined in section 3502 tion 501(b), is further amended by adding
of title 44, United States Code), not later after the item relating to section 1018 the
limit or constrain Congress’ inherent author-
than 2 business days after the date of ap- following:
ity or foreclose any other means for enforc-
proval of such apportionment, and shall
ing compliance with congressional sub- ‘‘1019. Reporting.’’.
place on such website each document appor-
poenas, nor may anything in this title be in- SEC. 503. UPDATED AUTHORITIES FOR AND RE-
tioning an appropriation, pursuant to such
terpreted to establish or recognize any PORTING BY THE COMPTROLLER
section 1513(b), including any associated
ground for noncompliance with a congres- GENERAL.
footnotes, already approved for the fiscal
sional subpoena. (a) Section 1015 of the Impoundment Con-
year, and shall report the date of completion
TITLE V—REASSERTING CONGRESSIONAL of such requirements to the Committees on trol Act of 1974 (2 U.S.C. 686) is amended—
POWER OF THE PURSE the Budget and Appropriations of the House (1) in subsection (a), in the matter fol-
SEC. 500. SHORT TITLE. of Representatives and Senate. lowing paragraph (2), by striking the last
This title may be cited as the ‘‘Congres- ‘‘(2) EXPLANATORY STATEMENT.—Each docu- sentence; and
sional Power of the Purse Act’’. ment apportioning an appropriation posted (2) by adding at the end the following:
on a publicly accessible website under para- ‘‘(c) REVIEW.—
Subtitle A—Strengthening Congressional
graph (1) shall also include a written expla- ‘‘(1) IN GENERAL.—The Comptroller General
Control and Review To Prevent Impound-
nation by the official approving each such shall review compliance with this part and
ment
apportionment (pursuant to section 1513(b) of shall submit to the Committees on the Budg-
SEC. 501.STRENGTHENING CONGRESSIONAL et, Appropriations, and Oversight and Re-
CONTROL. title 31, United States Code) of the rationale
for the apportionment schedule and for any form of the House of Representatives, the
(a) IN GENERAL.—The Impoundment Con- Committees on the Budget, Appropriations,
footnotes for apportioned amounts.
trol Act of 1974 (2 U.S.C. 681 et seq.) is and Homeland Security and Governmental
‘‘(3) SPECIAL PROCESS FOR TRANSMITTING
amended by adding at the end the following: Affairs of the Senate, and any other appro-
CLASSIFIED DOCUMENTATION TO THE CON-
‘‘PRUDENT OBLIGATION OF BUDGET AUTHORITY GRESS.—The Office of Management and Budg- priate congressional committee of the House
AND SPECIFIC REQUIREMENTS FOR EXPIRING et or the applicable department or agency of Representatives and Senate a report, and
BUDGET AUTHORITY shall make available classified documenta- any relevant information related to the re-
‘‘SEC. 1018. (a) SPECIAL MESSAGE REQUIRE- tion referenced in any apportionment at the port, on any noncompliance with this part.
MENT.—With respect to budget authority request of the chair or ranking member of ‘‘(2) INFORMATION, DOCUMENTATION, AND
proposed to be rescinded or that is set to be any appropriate congressional committee or VIEWS.—The President or the head of the rel-
reserved or proposed to be deferred in a spe- subcommittee. evant department or agency of the United
cial message transmitted under section 1012 ‘‘(4) DEPARTMENT AND AGENCY REPORT.— States shall provide information, docu-
or 1013, such budget authority— Each department or agency shall notify the mentation, and views to the Comptroller
‘‘(1) shall be made available for obligation Committees on the Budget and Appropria- General, as is determined by the Comptroller
in sufficient time to be prudently obligated tions of the House of Representatives and General to be necessary to determine such
as required under section 1012(b) or 1013; and the Senate and any other appropriate con- compliance, not later than 20 days after the
‘‘(2) may not be deferred or otherwise with- gressional committees if— date on which the request from the Comp-
held from obligation during the 90-day period ‘‘(A) an apportionment is not made in the troller General is received, or if the Comp-
before the expiration of the period of avail- required time period provided in section troller General determines that a shorter or
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ability of such budget authority, including, 1513(b) of title 31, United States Code; longer period is appropriate based on the spe-
if applicable, the 90-day period before the ex- ‘‘(B) an approved apportionment received cific circumstances, within such shorter or
piration of an initial period of availability by the department or agency conditions the longer period.
for which such budget authority was pro- availability of an appropriation on further ‘‘(3) ACCESS.—To carry out the responsibil-
vided. action; or ities of this part, the Comptroller General
‘‘(b) ADMINISTRATIVE REQUIREMENT.—With ‘‘(C) an approved apportionment received shall also have access to interview the offi-
respect to an apportionment of an appropria- by the department or agency may hinder the cers, employees, contractors, and other
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7567
agents and representatives of a department, Comptroller General and the relevant inspec- ‘‘(I) in the prior year and the preceding fis-
agency, or office of the United States at any tor general on the same date the report is cal year; or
reasonable time as the Comptroller General transmitted to the Congress. ‘‘(II) in the prior year and which the budg-
may request.’’. ‘‘(2) CONTENTS.—Any such report shall in- et estimates zero disbursements in the cur-
(b) Section 1001 of the Impoundment Con- clude a summary of the facts pertaining to rent year.’’.
trol Act of 1974 (2 U.S.C. 681) is amended— the violation, the title and Treasury Appro-
(1) in paragraph (3), by striking the ‘‘or’’ at priation Fund Symbol of the appropriation SEC. 513. LAPSE IN APPROPRIATIONS—REPORT-
ING IN THE PRESIDENT’S BUDGET.
the end of the paragraph; or fund account, the amount involved for
(2) in paragraph (4), by striking the period each violation, the date on which the viola- Section 1105(a) of title 31, United States
at the end and inserting a semicolon; and tion occurred, the position of any individuals Code, as amended by section 512, is further
(3) by adding at the end the following: responsible for the violation, a statement of amended by adding at the end the following:
‘‘(5) affecting or limiting in any way the the administrative discipline imposed and ‘‘(42) a report on—
authorities provided to the Comptroller Gen- any further action taken with respect to any ‘‘(A) any obligation or expenditure made
eral under chapter 7 of title 31, United States officer or employee involved in the violation, by a department or agency affected in whole
Code.’’. a statement of any additional action taken or in part by any lapse in appropriations of
SEC. 504. ADVANCE CONGRESSIONAL NOTIFICA- to prevent recurrence of the same type of 5 consecutive days or more during the pre-
TION AND LITIGATION. violation, and any written response by any ceding fiscal year for which amounts were
Section 1016 of the Impoundment Control officer or employee identified by position as not available; and
Act of 1974 (2 U.S.C. 687) is amended to read involved in the violation. In the case that ‘‘(B) with respect to any such obligation or
as follows: the Comptroller General issues a legal deci- expenditure—
‘‘SUITS BY COMPTROLLER GENERAL sion concluding that a department, agency,
‘‘(i) the amount so obligated or expended;
or office of the United States violated this
‘‘SEC. 1016. If, under this chapter, budget ‘‘(ii) the account affected;
part and the relevant department, agency, or
authority is required to be made available ‘‘(iii) an explanation of the Antideficiency
office does not agree that a violation has oc-
for obligation and such budget authority is Act exception or other legal authority that
curred, the report provided to Congress, the
not made available for obligation or infor- permitted the department or agency, as the
Comptroller General, and relevant inspector
mation, documentation, views, or access are case may be, to incur such obligation or ex-
general will explain its position.’’.
required to be produced and such informa- (b) CLERICAL AMENDMENT.—The table of penditure; and
tion, documentation, views, or access are not contents of the Congressional Budget and ‘‘(iv) an explanation of any change in the
produced, the Comptroller General is ex- Impoundment Control Act of 1974 set forth in application of any Antideficiency Act excep-
pressly empowered, through attorneys of the section 1(b) of such Act, as amended by sec- tion for a program, project, or activity from
Comptroller General’s own selection, to tion 502(b), is further amended by adding any explanations previously reported on pur-
bring a civil action in the United States Dis- after the item relating to section 1019 the suant to this paragraph.’’.
trict Court for the District of Columbia to following: SEC. 514. TRANSFER AND OTHER REPURPOSING
require such budget authority to be made ‘‘1020. Penalties for failure to comply.’’. AUTHORITY REPORTING IN THE
available for obligation or such information, PRESIDENT’S BUDGET.
Subtitle B—Strengthening Transparency and
documentation, views, or access to be pro-
Reporting Section 1105(a) of title 31, United States
duced, and such court is expressly empow-
ered to enter in such civil action, against PART 1—FUNDS MANAGEMENT AND Code, as amended by section 513, is further
any department, agency, officer, or employee REPORTING TO THE CONGRESS amended by adding at the end the following:
of the United States, any decree, judgment, SEC. 511. EXPIRED BALANCE REPORTING IN THE ‘‘(43) for the budget for fiscal year 2023, a
or order which may be necessary or appro- PRESIDENT’S BUDGET. report on—
priate to make such budget authority avail- Section 1105(a) of title 31, United States ‘‘(A) any transfer authority or other au-
able for obligation or compel production of Code, is amended by adding at the end the thority to repurpose appropriations provided
such information, documentation, views, or following: in a law other than an appropriation act; and
access. No civil action shall be brought by ‘‘(40) for the budgets for each of fiscal ‘‘(B) with respect to any such authority,
the Comptroller General to require budget years 2023 through 2027, a report on— the citation to the statute, the list of depart-
authority be made available under this sec- ‘‘(A) unobligated expired balances as of the ments or agencies covered, an explanation of
tion until the expiration of 15 calendar days beginning of the current fiscal year and the when such authority may be used, and an ex-
following the date on which an explanatory beginning of each of the preceding 2 fiscal planation on any use of such authority in the
statement by the Comptroller General of the years by agency and the applicable Treasury
preceding 3 fiscal years.’’.
Appropriation Fund Symbol or fund account;
circumstances giving rise to the action con-
and SEC. 515. AUTHORIZING CANCELLATIONS IN IN-
templated is filed with the Speaker of the DEFINITE ACCOUNTS BY APPRO-
‘‘(B) an explanation of unobligated expired
House of Representatives and the President PRIATION.
balances in any Treasury Appropriation
of the Senate, except that expiration of such
Fund Symbol or fund account that exceed (a) IN GENERAL.—Subchapter IV of chapter
period shall not be required if the Comp-
the lesser of 5 percent of total appropriations 15 of title 31, United States Code, is amended
troller General finds (and incorporates the
made available for that account or
finding in the explanatory statement filed) by inserting after section 1555 the following:
$100,000,000.’’.
that the delay would be contrary to the pub-
SEC. 512. CANCELLED BALANCE REPORTING IN ‘‘SEC. 1555a. CANCELLATION OF APPROPRIA-
lic interest.’’. THE PRESIDENT’S BUDGET. TIONS AVAILABLE FOR INDEFINITE
SEC. 505. PENALTIES FOR FAILURE TO COMPLY Section 1105(a) of title 31, United States PERIODS WITHIN AN ACCOUNT.
WITH THE IMPOUNDMENT CONTROL
Code, as amended by section 511, is further
ACT OF 1974. ‘‘Any remaining balance (whether obli-
amended by adding at the end the following:
(a) IN GENERAL.—The Impoundment Con- gated or unobligated) from an appropriation
‘‘(41) for the budgets for each of fiscal
trol Act of 1974 (2 U.S.C. 681 et seq.), as available for an indefinite period in an ap-
years 2023 through 2027, a report on—
amended by section 502(a), is further amend- propriation account available for an indefi-
‘‘(A) cancelled balances (pursuant to sec-
ed by adding at the end the following: nite period that does not meet the require-
tion 1552(a)) for the preceding 3 fiscal years
‘‘PENALTIES FOR FAILURE TO COMPLY by agency and Treasury Appropriation Fund ments for closure under section 1555 shall be
‘‘SEC. 1020. (a) ADMINISTRATIVE DIS- Symbol or fund account; canceled, and thereafter shall not be avail-
CIPLINE.—An officer or employee of the Exec- ‘‘(B) an explanation of cancelled balances able for obligation or expenditure for any
utive Branch of the United States Govern- in any Treasury Appropriation Fund Symbol purpose, if—
ment violating this part shall be subject to or fund account that exceed the lesser of 5 ‘‘(1) the head of the agency concerned or
appropriate administrative discipline includ- percent of total appropriations made avail- the President determines that the purposes
ing, when circumstances warrant, suspension able for that account or $100,000,000; and for which the appropriation was made have
from duty without pay or removal from of- ‘‘(C) a tabulation, by Treasury Appropria- been carried out; and
fice. tion Fund Symbol or fund account and ap- ‘‘(2) no disbursement has been made
‘‘(b) REPORTING VIOLATIONS.— propriation, of all balances of appropriations
against the appropriation for two consecu-
‘‘(1) IN GENERAL.—In the event of a viola- available for an indefinite period in an ap-
tive fiscal years.’’.
tion of section 1001, 1012, 1013, or 1018 of this propriation account available for an indefi-
part, or in the case that the Comptroller nite period that do not meet the criteria for (b) CLERICAL AMENDMENT.—The table of
General issues a legal decision concluding closure under section 1555, but for which ei- sections for subchapter IV of chapter 15 of
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that a department, agency, or office of the ther— title 31, United States Code, is amended by
United States violated this part, the Presi- ‘‘(i) the head of the agency concerned or inserting after the item relating to section
dent or the head of the relevant department the President has determined that the pur- 1555 the following:
or agency as the case may be, shall report poses for which the appropriation was made
immediately to Congress all relevant facts have been carried out; or ‘‘1555a. Cancellation of appropriations avail-
and a statement of actions taken. A copy of ‘‘(ii) no disbursement has been made able for indefinite periods with-
each report shall also be transmitted to the against the appropriation— in an account.’’.
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H7568 CONGRESSIONAL RECORD — HOUSE December 9, 2021
PART 2—EMPOWERING CONGRESSIONAL ployee involved in the violation, a statement each investigation undertaken in accordance
REVIEW THROUGH NONPARTISAN CON- of any additional action taken to prevent re- with paragraph (1) during the preceding cal-
GRESSIONAL AGENCIES AND TRANS- currence of the same type of violation, a endar year and an explanation of the status
PARENCY INITIATIVES statement of any determination that the vio- of any such investigation; and
SEC. 521. REQUIREMENT TO RESPOND TO RE- lation was not knowing and willful that has ‘‘(D) without identification of any indi-
QUESTS FOR INFORMATION FROM been made by the entity filing the report, vidual officer or employee, an explanation of
THE COMPTROLLER GENERAL FOR and any written response by any officer or any update to the status of any review or in-
BUDGET AND APPROPRIATIONS LAW employee identified by position as involved vestigation previously reported pursuant to
DECISIONS. in the violation. In the case that the Comp- this subsection.’’.
(a) IN GENERAL.—Subchapter II of chapter 7 troller General issues a legal decision con- (b) VIOLATIONS OF SECTION 1517.—Section
of title 31, United States Code, is amended by cluding that section 1341(a) or 1342 was vio- 1519 of title 31, United States Code, is amend-
adding at the end the following: lated and the entity filing the report, does ed—
‘‘SEC. 722. REQUIREMENT TO RESPOND TO RE- not agree that a violation has occurred, the (1) by striking ‘‘An officer’’ and inserting
QUESTS FOR INFORMATION FROM report provided to the President, the Con- ‘‘(a) An officer’’; and
THE COMPTROLLER GENERAL FOR gress, and the Comptroller General will ex- (2) by adding at the end the following:
BUDGET AND APPROPRIATIONS LAW plain its position.’’. ‘‘(b)(1) If a report is made under section
DECISIONS. (b) VIOLATIONS OF SECTION 1517.—Section 1517(b) of a violation of section 1517(a), the
‘‘(a) If an agency receives a written request 1517 of title 31, United States Code, is amend- Attorney General shall promptly review such
for information, documentation, or views ed— report and investigate to the extent nec-
from the Comptroller General relating to a (1) by inserting ‘‘or if the Comptroller Gen- essary to determine whether there are rea-
decision or opinion on budget or appropria- eral determines that an officer or employee sonable grounds to believe that the respon-
tions law, the agency shall provide the re- of such entity violated subsection (a),’’ be- sible officer or employee knowingly and will-
quested information, documentation, or fore ‘‘the head of the executive agency’’; fully violated such section 1517(a). If the At-
views not later than 20 days after receiving (2) by striking ‘‘the Comptroller General’’ torney General determines that there are
the written request, unless such written re- and inserting ‘‘the Comptroller General and such reasonable grounds, the Attorney Gen-
quest specifically provides otherwise. the Attorney General’’; and eral diligently shall investigate a criminal
‘‘(b) If an agency fails to provide the re- (3) by adding at the end the following: violation under this section.
quested information, documentation, or ‘‘(c) Any such report shall include a state- ‘‘(2) The Attorney General shall submit to
views within the time required by this sec- ment of the provision violated, a summary of Congress and the Comptroller General on or
tion— the facts pertaining to the violation, the before March 31 of each calendar year an an-
‘‘(1) the Comptroller General shall notify, title and Treasury Appropriation Fund Sym- nual report detailing separately for each re-
in writing, the Committee on Oversight and bol of the appropriation or fund account, the porting entity—
Reform of the House of Representatives, amount involved for each violation, the date ‘‘(A) the number of reports under section
Committee on Homeland Security and Gov- on which the violation occurred, the position 1517(b) transmitted to the President during
ernmental Affairs of the Senate, and any of any officer or employee responsible for the the preceding calendar year;
other appropriate congressional committee violation, a statement of the administrative ‘‘(B) the number of reports reviewed in ac-
of such failure; and discipline imposed and any further action cordance with paragraph (1) during the pre-
‘‘(2) the Comptroller General is hereby ex- taken with respect to any officer or em- ceding calendar year;
pressly empowered, through attorneys of the ployee involved in the violation, a statement ‘‘(C) without identification of any indi-
Comptroller General’s own selection, to of any additional action taken to prevent re- vidual officer or employee, a description of
bring a civil action in the United States Dis- currence of the same type of violation, a each investigation undertaken in accordance
trict Court for the District of Columbia to statement of any determination that the vio- with paragraph (1) during the preceding cal-
require such information, documentation, or lation was not knowing and willful that has endar year and an explanation of the status
views to be produced, and such court is ex- been made by the entity filing the report, of any such investigation; and
pressly empowered to enter in such civil ac- and any written response by any officer or ‘‘(D) without identification of any indi-
tion, against any department, agency, offi- employee identified by position as involved vidual officer or employee, an explanation of
cer, or employee of the United States, any in the violation. In the case that the Comp- any update to the status of any review or in-
decree, judgment, or order which may be troller General issues a legal decision con- vestigation previously reported pursuant to
necessary or appropriate to require such pro- cluding that subsection (a) was violated and this subsection.’’.
duction. the entity filing the report does not agree SEC. 524. PUBLICATION OF BUDGET OR APPRO-
that a violation has occurred, the report pro- PRIATIONS LAW OPINIONS OF THE
‘‘(c) Nothing in this section shall be con-
vided to the President, the Congress, and the DEPARTMENT OF JUSTICE OFFICE
strued as affecting or otherwise limiting the OF LEGAL COUNSEL.
authorities provided to the Comptroller Gen- Comptroller General will explain its posi-
tion.’’. (a) SCHEDULE OF PUBLICATION FOR FINAL
eral in section 716 of this title.’’. OLC OPINIONS.—Each final opinion issued by
(b) CLERICAL AMENDMENT.—The table of SEC. 523. DEPARTMENT OF JUSTICE REPORTING
TO CONGRESS FOR ANTIDEFICIENCY the Office of Legal Counsel of the Depart-
sections for subchapter II of chapter 7 of ment of Justice (final OLC opinion) shall be
ACT VIOLATIONS.
title 31, United States Code, is amended by made available on its public website in a
(a) VIOLATIONS OF SECTIONS 1341 OR 1342.—
inserting after the item relating to section manner that is searchable, sortable, and
Section 1350 of title 31, United States Code,
721 the following: downloadable in its entirety as soon as is
is amended—
‘‘722. Requirement to respond to requests for (1) by striking ‘‘An officer’’ and inserting practicable, but—
information from the Comp- ‘‘(a) An officer’’; and (1) not later than 30 days after the opinion
troller General for budget and (2) by adding at the end the following: is issued or updated if such action takes
appropriations law decisions.’’. ‘‘(b)(1) If a report is made under section place on or after the date of enactment of
SEC. 522.REPORTING REQUIREMENTS FOR 1351 of a violation of section 1341(a) or 1342, this Act;
ANTIDEFICIENCY ACT VIOLATIONS. the Attorney General shall promptly review (2) not later than 1 year after the date of
(a) VIOLATIONS OF SECTION 1341 OR 1342.— such report and investigate to the extent enactment of this Act for an opinion issued
Section 1351 of title 31, United States Code, necessary to determine whether there are on or after January 20, 1993;
is amended— reasonable grounds to believe that the re- (3) not later than 2 years after the date of
(1) by striking ‘‘If’’ and inserting ‘‘(a) If’’; sponsible officer or employee knowingly and enactment of this Act for an opinion issued
(2) by inserting ‘‘or if the Comptroller Gen- willfully violated such section 1341(a) or 1342, on or after January 20, 1981, and before or on
eral determines that an officer or employee as applicable. If the Attorney General deter- January 19, 1993;
of such entity violated section 1341(a) or mines that there are such reasonable (4) not later than 3 years after the date of
1342,’’ before ‘‘the head of the agency’’; grounds, the Attorney General diligently enactment of this Act for an opinion issued
(3) by striking ‘‘the Comptroller General’’ shall investigate a criminal violation under on or after January 20, 1969, and before or on
and inserting ‘‘the Comptroller General and this section. January 19, 1981; and
the Attorney General’’; and ‘‘(2) The Attorney General shall submit to (5) not later than 4 years after the date of
(4) by adding at the end the following: Congress and the Comptroller General on or enactment of this Act for all other opinions.
‘‘(b) Any such report shall include a state- before March 31 of each calendar year an an- (b) EXCEPTIONS AND LIMITATION ON PUBLIC
ment of the provision violated, a summary of nual report detailing separately for each re- AVAILABILITY OF FINAL OLC OPINIONS.—
the facts pertaining to the violation, the porting entity— (1) IN GENERAL.—A final OLC opinion or
title and Treasury Appropriation Fund Sym- ‘‘(A) the number of reports under section part thereof may be withheld only to the ex-
dlhill on DSK120RN23PROD with HOUSE
bol of the appropriation or fund account, the 1351 transmitted to the President during the tent—
amount involved for each violation, the date preceding calendar year; (A) information contained in the opinion
on which the violation occurred, the position ‘‘(B) the number of reports reviewed in ac- was—
of any officer or employee responsible for the cordance with paragraph (1) during the pre- (i) specifically authorized to be kept se-
violation, a statement of the administrative ceding calendar year; cret, under criteria established by an Execu-
discipline imposed and any further action ‘‘(C) without identification of any indi- tive order, in the interest of national defense
taken with respect to any officer or em- vidual officer or employee, a description of or foreign policy;
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7569
(ii) properly classified, including all proce- are exempt under this section. The amount ‘‘SEC. 201. DECLARATIONS OF NATIONAL EMER-
dural and marking requirements, pursuant of information withheld, and the exemption GENCIES.
to such Executive order; under which the withholding is made, shall ‘‘(a) AUTHORITY TO DECLARE NATIONAL
(iii) the Attorney General determines that be indicated on the released portion of the EMERGENCIES.—With respect to Acts of Con-
the national defense or foreign policy inter- opinion, unless including that indication gress authorizing the exercise, during the pe-
ests protected outweigh the public’s interest would harm an interest protected by the ex- riod of a national emergency, of any special
in access to the information; and emption in this paragraph under which the or extraordinary power, the President is au-
(iv) put through declassification review withholding is made. If technically feasible, thorized to declare such a national emer-
within the past two years; the amount of the information withheld, and gency by proclamation. Such proclamation
(B) information contained in the opinion the exemption under which the withholding shall immediately be transmitted to Con-
relates to the appointment of a specific indi- is made, shall be indicated at the place in gress and published in the Federal Register.
vidual not confirmed to Federal office; the opinion where such withholding is made. ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW
(C) information contained in the opinion is (c) METHOD OF PUBLICATION.—The Attorney TO BE EXERCISED AND REPORTING.—No pow-
specifically exempted from disclosure by General shall publish each final OLC opinion ers or authorities made available by statute
to the extent the law permits, including by for use during the period of a national emer-
statute (other than sections 552 and 552b of
publishing the opinions on a publicly acces- gency shall be exercised unless and until the
title 5, United States Code), if such statute—
sible website that— President specifies the provisions of law
(i) requires that the material be withheld
(1) with respect to each opinion— under which the President proposes that the
in such a manner as to leave no discretion on
(A) contains an electronic copy of the opin- President or other officers will act in—
the issue; or
ion, including any transmittal letter associ- ‘‘(1) a proclamation declaring a national
(ii) establishes particular criteria for with-
ated with the opinion, in an open format emergency under subsection (a); or
holding or refers to particular types of mate-
that is platform independent and that is ‘‘(2) one or more Executive orders relating
rial to be withheld;
available to the public without restrictions; to the emergency published in the Federal
(D) information in the opinion includes
(B) provides the public the ability to re- Register and transmitted to Congress.
trade secrets and commercial or financial in- ‘‘(c) PROHIBITION ON SUBSEQUENT ACTIONS IF
formation obtained from a person and privi- trieve an opinion, to the extent practicable,
EMERGENCIES NOT APPROVED.—
leged or confidential whose disclosure would through searches based on—
‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint
likely cause substantial harm to the com- (i) the title of the opinion;
resolution of approval is not enacted under
petitive position of the person from whom (ii) the date of publication or revision; or
section 203 with respect to a national emer-
the information was obtained; (iii) the full text of the opinion;
gency before the expiration of the period de-
(E) the President, in his or her sole and (C) identifies the time and date when the
scribed in section 202(a), or with respect to a
nondelegable determination, formally and opinion was required to be published, and
national emergency proposed to be renewed
personally claims in writing that executive when the opinion was transmitted for publi-
under section 202(b), the President may not,
privilege prevents the release of the informa- cation; and
during the remainder of the term of office of
tion and disclosure would cause specific (D) provides a permanent means of access-
that President, declare a subsequent na-
identifiable harm to an interest protected by ing the opinion electronically;
tional emergency under subsection (a) with
an exception or the disclosure is prohibited (2) includes a means for bulk download of
respect to the same circumstances.
by law; or all final OLC opinions or a selection of opin-
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint
(F) information in the opinion includes ions retrieved using a text-based search;
resolution of approval is not enacted under
personnel and medical files and similar files (3) provides free access to the opinions, and
section 203 with respect to a power or au-
the disclosure of which would constitute a does not charge a fee, require registration, or
thority specified by the President under sub-
clearly unwarranted invasion of personal pri- impose any other limitation in exchange for
section (b) with respect to a national emer-
vacy. access to the website; and
gency, the President may not, during the re-
(2) DETERMINATION TO WITHHOLD.—Any de- (4) is capable of being upgraded as nec-
mainder of the term of office of that Presi-
termination under this subsection to with- essary to carry out the purposes of this sec-
dent, exercise that power or authority with
hold information contained in a final OLC tion.
respect to that emergency.
opinion shall be made by the Attorney Gen- (d) DEFINITIONS.—In this section:
‘‘(d) EFFECT OF FUTURE LAWS.—No law en-
eral or a designee of the Attorney General. (1) OLC OPINION.—The term ‘‘OLC opinion’’ acted after the date of the enactment of the
The determination shall be— means views on a matter of legal interpreta- Congressional Power of the Purse Act shall
(A) in writing; tion communicated by the Office of Legal supersede this title unless it does so in spe-
(B) made available to the public within the Counsel of the Department of Justice to any cific terms, referring to this title, and de-
same timeframe as is required of a formal other office or agency, or person in an office claring that the new law supersedes the pro-
OLC opinion; or agency, in the Executive Branch, includ- visions of this title.
(C) sufficiently detailed as to inform the ing any office in the Department of Justice, ‘‘SEC. 202. EFFECTIVE PERIODS OF NATIONAL
public of what kind of information is being the White House, or the Executive Office of EMERGENCIES.
withheld and the reason therefore; and the President, and rendered in accordance ‘‘(a) TEMPORARY EFFECTIVE PERIODS.—
(D) effective only for a period of 3 years, with sections 511–513 of title 28, United ‘‘(1) IN GENERAL.—Unless previously termi-
subject to review and reissuance, with each States Code, and relating to— nated pursuant to Presidential order or Act
reissuance made available to the public. (A) subtitles II, III, V, or VI of title 31, of Congress, a declaration of a national
(3) FINAL OPINIONS.—For final OLC opinions United States Code; emergency shall remain in effect for 20 ses-
for which the text is withheld in full or in (B) the Balanced Budget and Emergency sion days, in the case of the Senate, and 20
substantial part, a detailed unclassified sum- Deficit Control Act of 1985; legislative days, in the case of the House,
mary of the opinion shall be made available (C) the Congressional Budget and Impound- from the issuance of the proclamation under
to the public, in the same timeframe as re- ment Control Act of 1974; or section 201(a) (not counting the day on which
quired of the final OLC opinion, that conveys (D) any appropriations Act, continuing res- the proclamation was issued) and shall ter-
the essence of the opinion, including any in- olution, or other provision of law providing minate when that period expires unless there
terpretations of a statute, the Constitution, or governing appropriations or budget au- is enacted into law a joint resolution of ap-
or other legal authority. A notation shall be thority. proval under section 203 with respect to the
included in any published list of final OLC (2) FINAL OLC OPINION.—The term ‘‘final proclamation.
opinions regarding the extent of the OLC opinion’’ means an OLC opinion that— ‘‘(2) EXERCISE OF POWERS AND AUTHORI-
withholdings. (A) the Attorney General, Assistant Attor- TIES.—Unless the declaration of national
(4) NO LIMITATION ON FREEDOM OF INFORMA- ney General for the Office of Legal Counsel, emergency has been terminated pursuant to
TION.—Nothing in this subsection shall be or a Deputy Assistant Attorney General for Presidential order or Act of Congress, any
construed as limiting the availability of in- the Office of Legal Counsel, has determined emergency power or authority made avail-
formation under section 552 of title 5, United is final; or able under a provision of law specified pursu-
States Code or construed as an exemption (B) is cited in another Office of Legal ant to section 201(b) may be exercised pursu-
under paragraph (3) of subsection (b) of such Counsel opinion. ant to a declaration of a national emergency
section. Subtitle C—Strengthening Congressional for 20 session days, in the case of the Senate,
(5) NO LIMITATION ON RELIEF.—A decision by Role in and Oversight of Emergency Dec- and 20 legislative days, in the case of the
the Attorney General to release or withhold larations and Designations House, from the issuance of the proclama-
information pursuant to this title shall not SEC. 531. IMPROVING CHECKS AND BALANCES ON tion or Executive order (not counting the
preclude any action or relief conferred by THE USE OF THE NATIONAL EMER- day on which such proclamation or Execu-
dlhill on DSK120RN23PROD with HOUSE
statutory or regulatory regime that empow- GENCIES ACT. tive order was issued). That power or author-
ers any person to request or demand the re- (a) REQUIREMENTS RELATING TO DECLARA- ity may not be exercised after that period
lease of information. TION AND RENEWAL OF NATIONAL EMER- expires unless there is enacted into law a
(6) REASONABLY SEGREGABLE PORTIONS OF GENCIES.—Title II of the National Emer- joint resolution of approval under section 203
OPINIONS TO BE PUBLISHED.—Any reasonably gencies Act (50 U.S.C. 1621 et seq.) is amend- approving—
segregable portion of an opinion shall be pro- ed by striking sections 201 and 202 and insert- ‘‘(A) the proclamation of the national
vided after withholding of the portions which ing the following: emergency or the Executive order; and
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H7570 CONGRESSIONAL RECORD — HOUSE December 9, 2021
‘‘(B) the exercise of the power or authority ‘‘(A) COMMITTEE REFERRAL.—A joint resolu- section (a)(2) shall not be in order prior to
specified by the President in such proclama- tion of approval shall be referred to the ap- the enactment of a joint resolution of ap-
tion or Executive order. propriate committee or committees. proval of the proclamation described in sub-
‘‘(b) RENEWAL OF NATIONAL EMERGENCIES.— ‘‘(B) REPORTING AND DISCHARGE.—If the section (a)(1) that is the subject of such Ex-
A national emergency declared by the Presi- committee to which a joint resolution of ap- ecutive order or list.
dent under section 201(a) or previously re- proval has been referred has not reported it ‘‘(C) CONSIDERATION.—The joint resolution
newed under this subsection, and not already at the end of 10 calendar days after its intro- of approval shall be considered as read. All
terminated pursuant to subsection (a) or (c), duction, that committee shall be discharged points of order against the joint resolution
shall terminate on the date that is one year from further consideration of the resolution of approval and against its consideration are
after the President transmitted to Congress and it shall be placed on the calendar. waived. The previous question shall be con-
the proclamation declaring the emergency or ‘‘(C) PROCEEDING TO CONSIDERATION.—Not- sidered as ordered on the joint resolution of
the enactment of a previous renewal pursu- withstanding Rule XXII of the Standing approval to final passage without inter-
ant to this subsection, unless— Rules of the Senate, when a committee to
vening motion except two hours of debate
‘‘(1) the President publishes in the Federal which a joint resolution of approval is re-
equally divided and controlled by the spon-
Register and transmits to Congress an Exec- ferred has reported the resolution, or when
sor of the joint resolution of approval (or a
utive order renewing the emergency; and that committee is discharged under subpara-
graph (B) from further consideration of the designee) and an opponent. A motion to re-
‘‘(2) there is enacted into law a joint reso- consider the vote on passage of the joint res-
lution of approval renewing the emergency resolution, it is at any time thereafter in
order to move to proceed to the consider- olution of approval shall not be in order.
pursuant to section 203 before the termi- ‘‘(5) COORDINATION WITH ACTION BY OTHER
nation of the emergency or previous renewal ation of the joint resolution, and all points
of order against the joint resolution (and HOUSE.—
of the emergency.
against the motion to proceed to the consid- ‘‘(A) IN GENERAL.—If, before the passage by
‘‘(c) TERMINATION OF NATIONAL EMER-
eration of the joint resolution) are waived. one House of a joint resolution of approval of
GENCIES.—
The motion to proceed shall be debatable for that House, that House receives from the
‘‘(1) IN GENERAL.—Any national emergency
4 hours evenly divided between proponents other House a joint resolution of approval
declared by the President under section
and opponents of the joint resolution of ap- with regard to the same proclamation or Ex-
201(a) shall terminate on the earliest of—
‘‘(A) the date provided for in subsection proval. The motion is not subject to amend- ecutive order, then the following procedures
(a); ment, or to a motion to postpone, or to a shall apply:
‘‘(B) the date provided for in subsection (b); motion to proceed to the consideration of ‘‘(i) The joint resolution of approval of the
‘‘(C) the date specified in an Act of Con- other business. A motion to reconsider the other House shall not be referred to a com-
gress terminating the emergency; or vote by which the motion is agreed to or dis- mittee.
‘‘(D) the date specified in a proclamation agreed to shall not be in order. If a motion ‘‘(ii) With respect to a joint resolution of
to proceed to the consideration of a joint res- approval of the House receiving the joint res-
of the President terminating the emergency.
olution of approval is agreed to, the joint olution—
‘‘(2) EFFECT OF TERMINATION.—Effective on
resolution shall remain the unfinished busi- ‘‘(I) the procedure in that House shall be
the date of the termination of a national
ness of the Senate until disposed of. the same as if no joint resolution of approval
emergency under paragraph (1)—
‘‘(D) FLOOR CONSIDERATION.—There shall be had been received from the other House; but
‘‘(A) any powers or authorities exercised
10 hours of consideration on a joint resolu- ‘‘(II) the vote on passage shall be on the
by reason of the emergency shall cease to be
tion of approval, to be divided evenly be- joint resolution of approval of the other
exercised;
tween the proponents and opponents of the House.
‘‘(B) any amounts reprogrammed,
joint resolution. Of that 10 hours, there shall
repurposed, or transferred under any provi- ‘‘(iii) Upon the failure of passage of the
be a total of 2 hours of debate on any debat-
sion of law with respect to the emergency joint resolution of approval of the other
able motions in connection with the joint
that remain unobligated on that date shall House, the question shall immediately occur
resolution, to be divided evenly between the
be returned and made available for the pur- proponents and opponents of the joint reso- on passage of the joint resolution of approval
pose for which such amounts were appro- lution. of the receiving House.
priated; and ‘‘(E) AMENDMENTS.—No amendments shall ‘‘(B) TREATMENT OF LEGISLATION OF OTHER
‘‘(C) any contracts entered into under any be in order with respect to a joint resolution HOUSE.—If one House fails to introduce a
provision of law relating to the emergency of approval in the Senate. joint resolution of approval under this sec-
shall be terminated. ‘‘(F) MOTION TO RECONSIDER VOTE ON PAS- tion, the joint resolution of approval of the
‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL SAGE.—A motion to reconsider a vote on pas- other House shall be entitled to expedited
EMERGENCIES. sage of a joint resolution of approval shall floor procedures under this section.
‘‘(a) JOINT RESOLUTION OF APPROVAL DE- not be in order. ‘‘(C) APPLICATION TO REVENUE MEASURES.—
FINED.—In this section, the term ‘joint reso- ‘‘(G) APPEALS.—Points of order and appeals The provisions of this paragraph shall not
lution of approval’ means a joint resolution from the decision of the Presiding Officer apply in the House of Representatives to a
that does not have a preamble and that con- shall be decided without debate. joint resolution of approval which is a rev-
tains only the following provisions after its ‘‘(4) CONSIDERATION IN HOUSE OF REPRESENT- enue measure.
resolving clause: ATIVES.—In the House of Representatives, ‘‘(6) TREATMENT OF VETO MESSAGE.—Debate
‘‘(1) A provision approving one or more— the following shall apply: on a veto message in the Senate under this
‘‘(A) proclamations of national emergency ‘‘(A) REPORTING AND DISCHARGE.—If any section shall be 1 hour evenly divided be-
made under section 201(a); committee to which a joint resolution of ap- tween the majority and minority leaders or
‘‘(B) Executive orders issued under section proval has been referred has not reported it their designees.
201(b)(2); or to the House within seven legislative days
‘‘(C) Executive orders issued under section after the date of referral such committee ‘‘(c) RULE OF CONSTRUCTION.—The enact-
202(b). shall be discharged from further consider- ment of a joint resolution of approval under
‘‘(2) A provision approving a list of all or a ation of the joint resolution. this section shall not be interpreted to serve
portion of the provisions of law specified by ‘‘(B)(i) PROCEEDING TO CONSIDERATION.—Be- as a grant or modification by Congress of
the President under section 201(b) in the ginning on the third legislative day after statutory authority for the emergency pow-
proclamations or Executive orders that are each committee to which a joint resolution ers of the President.
the subject of the joint resolution. of approval has been referred reports it to
‘‘(d) RULES OF THE HOUSE AND SENATE.—
‘‘(b) PROCEDURES FOR CONSIDERATION OF the House or has been discharged from fur-
JOINT RESOLUTIONS OF APPROVAL.— ther consideration thereof, it shall be in This section is enacted by Congress—
‘‘(1) INTRODUCTION.—After the President order to move to proceed to consider the ‘‘(1) as an exercise of the rulemaking power
transmits to Congress a proclamation declar- joint resolution of approval in the House. All of the Senate and the House of Representa-
ing a national emergency under section points of order against the motion are tives, respectively, and as such is deemed a
201(a), or an Executive order specifying waived. Such a motion shall not be in order part of the rules of each House, respectively,
emergency powers or authorities under sec- after the House has disposed of a motion to but applicable only with respect to the pro-
tion 201(b)(2) or renewing a national emer- proceed on the joint resolution of approval. cedure to be followed in the House in the
gency under section 202(b), a joint resolution The previous question shall be considered as case of joint resolutions described in this
of approval may be introduced in either ordered on the motion to its adoption with- section, and supersedes other rules only to
House of Congress by any member of that out intervening motion. The motion shall the extent that it is inconsistent with such
other rules; and
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House. not be debatable. A motion to reconsider the
‘‘(2) COMMITTEE REFERRAL IN THE SENATE.— vote by which the motion is disposed of shall ‘‘(2) with full recognition of the constitu-
In the Senate, a joint resolution of approval not be in order. tional right of either House to change the
shall be referred to the appropriate com- ‘‘(ii) MOTION.—A motion to proceed to the rules (so far as relating to the procedure of
mittee. consideration of a joint resolution of ap- that House) at any time, in the same man-
‘‘(3) CONSIDERATION IN SENATE.—In the Sen- proval of an Executive order described in ner, and to the same extent as in the case of
ate, the following shall apply: subsection (a)(1) or a list described in sub- any other rule of that House.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7571
‘‘SEC. 204. EXCLUSION OF CERTAIN NATIONAL President shall, not less frequently than President shall submit that document to the
EMERGENCIES INVOKING INTER- every 3 months for the duration of the emer- appropriate congressional committees.
NATIONAL EMERGENCY ECONOMIC gency, report to Congress on the status of (b) DOCUMENTS IN EXISTENCE BEFORE DATE
POWERS ACT. OF ENACTMENT.—Not later than 15 days after
the emergency and the actions the President
‘‘(a) IN GENERAL.—In the case of a national or other officers have taken and authorities the date of the enactment of this Act, the
emergency described in subsection (b), the the President and such officers have relied President shall submit to the appropriate
provisions of the National Emergencies Act, on in addressing the emergency.’’. congressional committees all presidential
as in effect on the day before the date of the (d) CONFORMING AMENDMENTS.— emergency action documents in existence be-
enactment of the Congressional Power of the (1) NATIONAL EMERGENCIES ACT.—Title III fore such date of enactment.
Purse Act, shall continue to apply on and of the National Emergencies Act (50 U.S.C. (c) DEFINITIONS.—In this section:
after such date of enactment. 1631) is repealed. (1) APPROPRIATE CONGRESSIONAL COMMIT-
‘‘(b) NATIONAL EMERGENCY DESCRIBED.— (2) INTERNATIONAL EMERGENCY ECONOMIC TEES.—The term ‘‘appropriate congressional
‘‘(1) IN GENERAL.—A national emergency POWERS ACT.—Section 207 of the Inter- committees’’, with respect to a presidential
described in this subsection is a national national Emergency Economic Powers Act emergency action document submitted under
emergency pursuant to which the President (50 U.S.C. 1706) is amended by adding at the subsection (a) or (b), means—
proposes to exercise emergency powers or au- end the following: (A) the Committee on Homeland Security
thorities made available under the Inter- ‘‘(c) In this section, the term ‘National and Governmental Affairs, the Committee on
national Emergency Economic Powers Act Emergencies Act’ means the National Emer- the Judiciary, and the Select Committee on
(50 U.S.C. 1701 et seq.), supplemented as nec- gencies Act, as in effect on the day before Intelligence of the Senate;
essary by a provision of law specified in the date of the enactment of the Congres- (B) the Committee on Oversight and Re-
paragraph (2). sional Power of the Purse Act.’’. form, the Committee on the Judiciary, and
‘‘(2) PROVISIONS OF LAW SPECIFIED.—The (e) EFFECTIVE DATE; APPLICABILITY.— the Permanent Select Committee on Intel-
provisions of law specified in this paragraph (1) IN GENERAL.—Except as provided in ligence of the House of Representatives; and
are— paragraph (2), this section and the amend- (C) any other committee of the Senate or
‘‘(A) the United Nations Participation Act ments made by this section shall take effect the House of Representatives with jurisdic-
of 1945 (22 U.S.C. 287 et seq.); upon enactment and apply with respect to tion over the subject matter addressed in the
‘‘(B) section 212(f) of the Immigration and national emergencies declared under section presidential emergency action document.
Nationality Act (8 U.S.C. 1182(f)); or 201 of the National Emergencies Act on or (2) PRESIDENTIAL EMERGENCY ACTION DOCU-
‘‘(C) any provision of law that authorizes after that date. MENT.—The term ‘‘presidential emergency
the implementation, imposition, or enforce- (2) APPLICABILITY TO RENEWALS OF EXISTING action document’’ refers to—
ment of economic sanctions with respect to EMERGENCIES.—When a national emergency (A) each of the approximately 56 docu-
a foreign country. declared under section 201 of the National ments described as presidential emergency
‘‘(c) EFFECT OF ADDITIONAL POWERS AND Emergencies Act before the date of the en- action documents in the budget justification
AUTHORITIES.—Subsection (a) shall not apply actment of the Congressional Power of the materials for the Office of Legal Counsel of
to a national emergency or the exercise of Purse Act would expire or be renewed under the Department of Justice submitted to Con-
emergency powers and authorities pursuant section 202(d) of that Act (as in effect on the gress in support of the budget of the Presi-
to the national emergency if, in addition to day before such date of enactment), that na- dent for fiscal year 2018; and
the exercise of emergency powers and au- tional emergency shall be subject to the re- (B) any other pre-coordinated legal docu-
thorities described in subsection (b), the quirements for renewal under section 202(b) ment in existence before, on, or after the
President proposes to exercise, pursuant to of that Act, as amended by subsection (a). date of the enactment of this Act, that—
the national emergency, any emergency pow- SEC. 532. NATIONAL EMERGENCIES ACT DEC-
(i) is designated as a presidential emer-
ers and authorities under any other provi- LARATION SPENDING REPORTING IN gency action document; or
sion of law.’’. THE PRESIDENT’S BUDGET. (ii) is designed to implement a presidential
(b) REPORTING REQUIREMENTS.—Section 401 Section 1105(a) of title 31, United States decision or transmit a presidential request
of the National Emergencies Act (50 U.S.C. Code, as amended by section 514, is further when an emergency disrupts normal govern-
1641) is amended by adding at the end the fol- amended by adding at the end the following: mental or legislative processes.
lowing: ‘‘(44)(A) a report on the proposed, planned, SEC. 534. CONGRESSIONAL DESIGNATIONS.
‘‘(d) REPORT ON EMERGENCIES.—The Presi- and actual obligations and expenditures of (a) REPEAL OF OVERSEAS CONTINGENCY OP-
dent shall transmit to Congress, with any funds (for the prior fiscal year, the current ERATIONS/GLOBAL WAR ON TERRORISM DES-
proclamation declaring a national emer- fiscal year, and the fiscal years for which the IGNATION.—Section 251(b)(2)(A) of the Bal-
gency under section 201(a) or any Executive budget is submitted) attributable to the ex- anced Budget and Emergency Deficit Control
order specifying emergency powers or au- ercise of powers and authorities made avail- Act of 1985 (2 U.S.C. 901(b)(2)(A)) is amend-
thorities under section 201(b)(2) or renewing able by statute for each national emergency ed—
a national emergency under section 202(b), a declared by the President, currently active (1) in the subparagraph heading, by strik-
report, in writing, that includes the fol- or in effect during the applicable fiscal ing ‘‘; OVERSEAS CONTINGENCY OPERATIONS/
lowing: years. GLOBAL WAR ON TERRORISM’’; and
‘‘(1) A description of the circumstances ne- ‘‘(B) Obligations and expenditures con- (2) by striking ‘‘that—’’ and all that fol-
cessitating the declaration of a national tained in the report under subparagraph (A) lows through the period at the end and in-
emergency, the renewal of such an emer- shall be organized by Treasury Appropria- serting the following: ‘‘that the Congress
gency, or the use of a new emergency author- tion Fund Symbol or fund account and by designates as emergency requirements in
ity specified in the Executive order, as the program, project, and activity, and include— statute, the adjustment shall be the total of
case may be. ‘‘(i) a description of each such program, such appropriations in discretionary ac-
‘‘(2) The estimated duration of the national project, and activity; counts designated as emergency require-
emergency, or a statement that the duration ‘‘(ii) the authorities under which such ments.’’.
of the national emergency cannot reasonably (b) EFFECTIVE DATE.—The amendments
funding actions are taken; and
be estimated at the time of transmission of made by subsection (a) shall take effect on
‘‘(iii) the purpose and progress of such obli-
the report. the later of October 1, 2021 or the date of en-
gations and expenditures toward addressing
‘‘(3) A summary of the actions the Presi- actment of this Act.
the applicable national emergency.
dent or other officers intend to take, includ- ‘‘(C) Such report shall include, with re- TITLE VI—SECURITY FROM POLITICAL
ing any reprogramming or transfer of funds spect to any transfer, reprogramming, or INTERFERENCE IN JUSTICE
and any contracts anticipated to be entered repurposing of funds to address the applica- SEC. 601. SHORT TITLE.
into, and the statutory authorities the Presi- ble national emergency— This title may be cited as the ‘‘Security
dent and such officers expect to rely on in ‘‘(i) the amount of such transfer, re- from Political Interference in Justice Act of
addressing the national emergency. programming, or repurposing; 2020’’.
‘‘(4) In the case of a renewal of a national ‘‘(ii) the authority authorizing each such SEC. 602. DEFINITIONS.
emergency, a summary of the actions the transfer, reprogramming, or repurposing; In this title:
President or other officers have taken in the and (1) COMMUNICATIONS LOG.—The term ‘‘com-
preceding one-year period, including any re- ‘‘(iii) a description of programs, projects, munications log’’ means the log required to
programming or transfer of funds, to address and activities affected by such transfer, re- be maintained under section 603(a).
the emergency. programming, or repurposing, including by a (2) COVERED COMMUNICATION.—
‘‘(e) PROVISION OF INFORMATION TO CON- reduction in funding.’’. (A) IN GENERAL.—The term ‘‘covered com-
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GRESS.—The President shall provide to Con- SEC. 533. DISCLOSURE TO CONGRESS OF PRESI- munication’’ means any communication re-
gress such other information as Congress DENTIAL EMERGENCY ACTION DOC- lating to any contemplated or ongoing inves-
may request in connection with any national UMENTS. tigation or litigation conducted by the De-
emergency in effect under title II. (a) IN GENERAL.—Not later than 30 days partment of Justice in any civil or criminal
‘‘(f) PERIODIC REPORTS ON STATUS OF EMER- after the conclusion of the process for ap- matter (regardless of whether a civil action
GENCIES.—If the President declares a na- proval, adoption, or revision of any presi- or criminal indictment or information has
tional emergency under section 201(a), the dential emergency action document, the been filed); and
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H7572 CONGRESSIONAL RECORD — HOUSE December 9, 2021
(B) EXCEPTIONS.—The term does not in- dent’’ means those persons to whom the ‘‘(H) Documented abuse of authority.
clude a communication that is any of the fol- President or Vice President— ‘‘(I) Documented inefficiency.’’; and
lowing: (A) is related by blood, marriage, or adop- (2) in section 8G(e)(2), by adding at the end
(i) A communication that involves contact tion; or the following new sentence: ‘‘An Inspector
between the President, the Vice President, (B) stands in loco parentis. General may be removed only for any of the
the Counsel to the President, or the Prin- SEC. 603. COMMUNICATIONS LOGS. following grounds (and the documentation of
cipal Deputy Counsel to the President, and (a) IN GENERAL.—The Attorney General any such ground shall be included in the
the Attorney General, the Deputy Attorney shall maintain a log of covered communica- communication required pursuant to this
General, or the Associate Attorney General, tions. paragraph):
except to the extent that the communication (b) CONTENTS.—A communications log ‘‘(A) Documented permanent incapacity.
concerns a contemplated or ongoing inves- shall include, with respect to a covered com- ‘‘(B) Documented neglect of duty.
tigation or litigation in which a target or munication— ‘‘(C) Documented malfeasance.
subject is one of the following: (1) the name and title of each officer or ‘‘(D) Documented conviction of a felony or
(I) The President, the Vice President, or a employee of the Department of Justice or conduct involving moral turpitude.
member of the immediate family of the the Executive Office of the President who ‘‘(E) Documented knowing violation of a
President or Vice President. participated in the covered communication; law or regulation.
(II) Any individual working in the Execu- (2) the topic of the covered communica- ‘‘(F) Documented gross mismanagement.
tive Office of the President who is com- tion; and ‘‘(G) Documented gross waste of funds.
pensated at a rate of pay at or above level II (3) a statement describing the purpose and ‘‘(H) Documented abuse of authority.
of the Executive Schedule under section 5313 necessity of the covered communication. ‘‘(I) Documented inefficiency.’’.
of title 5, United States Code. (c) OVERSIGHT.— SEC. 703. REMOVAL OR TRANSFER REQUIRE-
(III) The current or former chair or treas- (1) PERIODIC DISCLOSURE OF LOGS.—Not MENTS.
urer of any national campaign committee later than January 30 and July 30 of each (a) REASONS FOR REMOVAL OR TRANSFER.—
that sought the election or seeks the reelec- year, the Attorney General shall submit to Section 3(b) of the Inspector General Act of
tion of the President, or any officer of such the Office of the Inspector General of the De- 1978 (5 U.S.C. App.), as amended by section
a committee exercising authority at the na- partment of Justice a report containing the 702, is further amended—
tional level, during the tenure in office of communications log for the 6-month period (1) in paragraph (1), by striking ‘‘reasons’’
the President. preceding that January or July. and inserting ‘‘substantive rationale, includ-
(ii) A communication that involves con- (2) NOTICE OF INAPPROPRIATE OR IMPROPER ing detailed and case-specific reasons,’’; and
tact between an officer or employee of the COMMUNICATIONS.—The Office of the Inspec- (2) by inserting at the end the following
Department of Justice and an officer or em- tor General of the Department of Justice new paragraph:
ployee of the Executive Office of the Presi- shall— ‘‘(3) If there is an open or completed in-
dent on a particular matter, if any of the (A) review each communications log re- quiry into an Inspector General that relates
President, the Vice President, the Counsel to ceived under paragraph (1)(A); and to the removal or transfer of the Inspector
the President, or the Principal Deputy Coun- (B) notify the Committee on the Judiciary General under paragraph (1), the written
sel to the President, and if any of the Attor- of the House of Representatives and the communication required under that para-
ney General, the Deputy Attorney General, Committee on the Judiciary of the Senate if graph shall—
or the Associate Attorney General have des- the Inspector General determines that a cov- ‘‘(A) identify each entity that is con-
ignated a subordinate to carry on such con- ered communication described in the com- ducting, or that conducted, the inquiry; and
tact, and the person so designating monitors munications log— ‘‘(B) in the case of a completed inquiry,
all subsequent communications and the per- (i) is inappropriate from a law enforcement contain the findings made during the in-
son designated keeps the designating person perspective; or quiry.’’.
informed of each such communication, ex- (ii) raises concerns about improper polit- (b) REASONS FOR REMOVAL OR TRANSFER
cept to the extent that the communication ical interference. FOR DESIGNATED FEDERAL ENTITIES.—Section
concerns a contemplated or ongoing inves- (d) RULE OF CONSTRUCTION.—Nothing in 8G(e) of the Inspector General Act of 1978 (5
tigation or litigation in which a target or this section may be construed to limit the U.S.C. App.) is amended—
subject is one of the following: valid written assertion by the President of (1) in paragraph (2), by striking ‘‘reasons’’
(I) The President, the Vice President, or a presidential communications privilege with and inserting ‘‘substantive rationale, includ-
member of the immediate family of the regard to any material required to be sub- ing detailed and case-specific reasons,’’; and
President or Vice President. mitted under this section. (2) by inserting at the end the following
(II) Any individual working in the Execu- SEC. 604. RULE OF CONSTRUCTION. new paragraph:
tive Office of the President who is com- Nothing in this title may be construed to ‘‘(3) If there is an open or completed in-
pensated at a rate of pay at or above level II affect any requirement to report pursuant to quiry into an Inspector General that relates
of the Executive Schedule under section 5313 title I of this Act, or the amendments made to the removal or transfer of the Inspector
of title 5, United States Code. by that title. General under paragraph (2), the written
(III) The current or former chair or treas- TITLE VII—PROTECTING INSPECTOR communication required under that para-
urer of any national campaign committee GENERAL INDEPENDENCE graph shall—
that sought the election or seeks the reelec- ‘‘(A) identify each entity that is con-
Subtitle A—Requiring Cause for Removal ducting, or that conducted, the inquiry; and
tion of the President, or any officer of such
a committee exercising authority at the na- SEC. 701. SHORT TITLE. ‘‘(B) in the case of a completed inquiry,
tional level, during the tenure in office of This subtitle may be cited as the ‘‘Inspec- contain the findings made during the in-
the President. tor General Independence Act’’. quiry.’’.
(iii) A communication that involves con- SEC. 702. AMENDMENT. Subtitle B—Inspectors General of
tact from or to the Deputy Counsel to the The Inspector General Act of 1978 (5 U.S.C. Intelligence Community
President for National Security Affairs, the App.) is amended— SEC. 711. INDEPENDENCE OF INSPECTORS GEN-
staff of the National Security Council, and (1) in section 3(b)— ERAL OF THE INTELLIGENCE COM-
the staff of the Homeland Security Council (A) by striking ‘‘An Inspector General’’ MUNITY.
that relates to a national security matter, and inserting ‘‘(1) An Inspector General’’; (a) IN GENERAL.—The National Security
except to the extent that the communication (B) by inserting after ‘‘by the President’’ Act of 1947 (50 U.S.C. 3001 et seq.) is amended
concerns a pending adversary case in litiga- the following: ‘‘in accordance with paragraph by adding at the end the following new title:
tion that may have national security impli- (2)’’; and
‘‘TITLE XII—MATTERS REGARDING IN-
cations. (C) by inserting at the end the following
SPECTORS GENERAL OF ELEMENTS OF
(iv) A communication that involves con- new paragraph:
THE INTELLIGENCE COMMUNITY
tact between the Office of the Pardon Attor- ‘‘(2) The President may remove an Inspec-
ney of the Department of Justice and the tor General only for any of the following ‘‘Subtitle A—Inspectors General
Counsel to the President or the Deputy grounds (and the documentation of any such ‘‘SEC. 1201. INDEPENDENCE OF INSPECTORS GEN-
Counsels to the President relating to pardon ground shall be included in the communica- ERAL.
matters. tion required pursuant to paragraph (1)): ‘‘(a) REMOVAL.—A covered Inspector Gen-
(v) A communication that relates solely to ‘‘(A) Documented permanent incapacity. eral may be removed from office only by the
policy, appointments, legislation, rule- ‘‘(B) Documented neglect of duty. head official. The head official may remove a
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making, budgets, public relations or affairs, ‘‘(C) Documented malfeasance. covered Inspector General only for any of the
programmatic matters, intergovernmental ‘‘(D) Documented conviction of a felony or following grounds:
relations, administrative or personnel mat- conduct involving moral turpitude. ‘‘(1) Documented permanent incapacity.
ters, appellate litigation, or requests for ‘‘(E) Documented knowing violation of a ‘‘(2) Documented neglect of duty.
legal advice. law or regulation. ‘‘(3) Documented malfeasance.
(3) IMMEDIATE FAMILY.—The term ‘‘imme- ‘‘(F) Documented gross mismanagement. ‘‘(4) Documented conviction of a felony or
diate family of the President or Vice Presi- ‘‘(G) Documented gross waste of funds. conduct involving moral turpitude.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7573
‘‘(5) Documented knowing violation of a ‘‘(D) The Inspector General of the National ponent thereof, the titles of such official, de-
law or regulation. Reconnaissance Office. partment, agency, or office.’’.
‘‘(6) Documented gross mismanagement. ‘‘(E) The Inspector General of the National (d) CLARIFICATION OF ROLE OF DIRECTOR OF
‘‘(7) Documented gross waste of funds. Geospatial-Intelligence Agency. NATIONAL INTELLIGENCE.—Section 102A(f)(1)
‘‘(8) Documented abuse of authority. ‘‘(F) The Inspector General of the National of such Act (50 U.S.C. 3024(f)(1)) is amended—
‘‘(9) Documented Inefficiency. Security Agency.’’. (1) by redesignating subparagraph (B) as
‘‘(b) ADMINISTRATIVE LEAVE.—A covered In- (c) CLERICAL AMENDMENTS.—The table of subparagraph (C); and
spector General may be placed on adminis- sections at the beginning of the National Se- (2) by inserting after subparagraph (A) the
trative leave only by the head official. The curity Act of 1947 is amended by adding after following new subparagraph:
head official may place a covered Inspector the items relating to title XI the end the fol- ‘‘(B) The authority of the Director of Na-
General on administrative leave only for any lowing new items: tional Intelligence under subparagraph (A)
of the grounds specified in subsection (a). ‘‘TITLE XII—MATTERS REGARDING IN- includes coordinating and supervising activi-
‘‘(c) NOTIFICATION.—The head official may SPECTORS GENERAL OF ELEMENTS OF ties undertaken by elements of the intel-
not remove a covered Inspector General THE INTELLIGENCE COMMUNITY ligence community for the purpose of pro-
under subsection (a) or place a covered In- tecting the United States from any foreign
spector General on administrative leave ‘‘SUBTITLE A—INSPECTORS GENERAL
interference in elections in the United
under subsection (b) unless— ‘‘Sec. 1201. Independence of Inspectors Gen-
States.’’.
‘‘(1) the head official transmits in writing eral.’’.
SEC. 713. CONFORMING AMENDMENTS AND CO-
to the appropriate congressional committees SEC. 712. AUTHORITY OF INSPECTORS GENERAL ORDINATION WITH OTHER PROVI-
a notification of such removal or placement, OF THE INTELLIGENCE COMMUNITY SIONS OF LAW.
TO DETERMINE MATTERS OF UR-
including an explanation of the documented (a) INTELLIGENCE COMMUNITY.—Paragraph
GENT CONCERN.
grounds specified in subsection (a) for such (4) of section 103H(c) of the National Secu-
(a) DETERMINATION.—
removal or placement; and rity Act of 1947 (50 U.S.C. 3033(c)) is amended
(1) IN GENERAL.—Title XII of the National
‘‘(2) with respect to the removal of a cov- to read as follows:
Security Act of 1947, as added by section 711,
ered Inspector General, a period of 30 days ‘‘(4) The provisions of title XII shall apply
is amended by inserting after section 1201
elapses following the date of such trans- to the Inspector General with respect to the
the following new section:
mittal. removal of the Inspector General and any
‘‘(d) REPORT.—Not later than 30 days after ‘‘SEC. 1203. DETERMINATION OF MATTERS OF UR-
GENT CONCERN.
other matter relating to the Inspector Gen-
the date on which the head official notifies a eral as specifically provided for in such
covered Inspector General of being removed ‘‘(a) DETERMINATION.—Each covered Inspec-
title.’’.
under subsection (a) or placed on administra- tor General shall have sole authority to de-
(b) CENTRAL INTELLIGENCE AGENCY.—Para-
tive leave under subsection (b), the office of termine whether any complaint or informa- graph (6) of section 17(b) of the Central Intel-
that Inspector General shall submit to the tion reported to the Inspector General is a ligence Agency Act of 1949 (50 U.S.C. 3517(b))
appropriate congressional committees a re- matter of urgent concern. Such determina- is amended to read as follows:
port containing— tion is final and conclusive. ‘‘(6) The provisions of title XII of the Na-
‘‘(1) a description of the facts and cir- ‘‘(b) FOREIGN INTERFERENCE IN ELEC- tional Security Act of 1947 shall apply to the
cumstances of any pending complaint, inves- TIONS.—In addition to any other matter
Inspector General with respect to the re-
tigation, inspection, audit, or other review which is considered an urgent concern pursu- moval of the Inspector General and any
or inquiry, including any information, alle- ant to section 103H(k)(5)(G), section other matter relating to the Inspector Gen-
gation, or complaint reported to the Attor- 17(d)(5)(G) of the Central Intelligence Agency eral as specifically provided for in such
ney General in accordance with section 535 of Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or other title.’’.
title 28, United States Code, that the Inspec- applicable provision of law, the term ‘urgent (c) OTHER ELEMENTS.—
tor General was working on as of the date of concern’ includes a serious or flagrant prob- (1) IN GENERAL.—Title XII of the National
such removal or placement; and lem, abuse, violation of law or Executive Security Act of 1947, as added by section 711,
‘‘(2) any other significant matter that the order, or deficiency relating to foreign inter- is further amended by inserting after section
office of the Inspector General determines ference in elections in the United States.’’. 1203, as added by section 712(a), the following
appropriate. (2) CLERICAL AMENDMENT.—The table of new section:
‘‘(e) RULE OF CONSTRUCTION.—Nothing in sections at the beginning of the National Se-
‘‘SEC. 1205. COORDINATION WITH OTHER PROVI-
this section shall be construed to prohibit a curity Act of 1947 is amended by inserting SIONS OF LAW.
personnel action of a covered Inspector Gen- after the item relating to section 1201, as ‘‘No provision of law that is inconsistent
eral otherwise authorized by law, other than added by section 711, the following new item: with any provision of this title shall be con-
transfer or removal. ‘‘Sec. 1203. Determination of matters of ur- sidered to supersede, repeal, or otherwise
‘‘(f) DEFINITIONS.—In this section: gent concern.’’. modify a provision of this title unless such
‘‘(1) ADMINISTRATIVE LEAVE.—The term ‘ad- (b) CONFORMING AMENDMENTS.— other provision of law specifically cites a
ministrative leave’ includes any other type (1) INTELLIGENCE COMMUNITY.—Section provision of this title in order to supersede,
of paid or unpaid non-duty status. 103H(k)(5)(G) of the National Security Act of repeal, or otherwise modify that provision of
‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- 1947 (50 U.S.C. 3033(k)(5)(G)) is amended by this title.’’.
TEES.—The term ‘appropriate congressional striking ‘‘In this paragraph’’ and inserting (2) CLERICAL AMENDMENT.—The table of
committees’ means— ‘‘In accordance with section 1203, in this sections at the beginning of the National Se-
‘‘(A) the congressional intelligence com- paragraph’’. curity Act of 1947 is amended by inserting
mittees; and (2) CENTRAL INTELLIGENCE AGENCY.—Sec- after the item relating to section 1203, as
‘‘(B) the Committee on Oversight and Re- tion 17(d)(5)(G) of the Central Intelligence added by section 713, the following new item:
form of the House of Representatives and the Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)) is
‘‘Sec. 1205. Coordination with other provi-
Committee on Homeland Security and Gov- amended by striking ‘‘In this paragraph’’ and
sions of law.’’.
ernmental Affairs of the Senate. inserting ‘‘In accordance with section 1203 of
‘‘(3) HEAD OFFICIAL.—The term ‘head offi- the National Security Act of 1947, in this Subtitle C—Congressional Notification
cial’ means— paragraph’’. SEC. 721. SHORT TITLE.
‘‘(A) with respect to the position of a cov- (c) REPORTS ON UNRESOLVED DIF- This subtitle may be cited as the ‘‘Inspec-
ered Inspector General that requires appoint- FERENCES.—Paragraph (3) of section 103H(k) tor General Protection Act’’.
ment by the President, by and with the ad- of the National Security Act of 1947 (50 SEC. 722. CHANGE IN STATUS OF INSPECTOR
vice and consent of the Senate, the Presi- U.S.C. 3033(k)) is amended by adding at the GENERAL OFFICES.
dent; and end the following new subparagraph: (a) CHANGE IN STATUS OF INSPECTOR GEN-
‘‘(B) with respect to the position of a cov- ‘‘(C) With respect to each report submitted ERAL OF OFFICE.—Paragraph (1) of section
ered Inspector General that requires appoint- pursuant to subparagraph (A)(i), the Inspec- 3(b) of the Inspector General Act of 1978 (5
ment by a head of a department or agency of tor General shall include in the report, at a U.S.C. App.) is amended—
the Federal Government, the head of such minimum— (1) by inserting ‘‘, is placed on paid or un-
department or agency.’’. ‘‘(i) a general description of the unresolved paid non-duty status,’’ after ‘‘is removed
(b) DEFINITION.—Section 3 of such Act (50 differences, the particular duties or respon- from office’’;
U.S.C. 3003) is amended by adding at the end sibilities of the Inspector General involved, (2) by inserting ‘‘, change in status,’’ after
the following new paragraph: and, if such differences relate to a complaint ‘‘any such removal’’; and
‘‘(8) The term ‘covered Inspector General’ or information under paragraph (5), a de- (3) by inserting ‘‘, change in status,’’ after
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means each of the following: scription of the complaint or information ‘‘before the removal’’.
‘‘(A) The Inspector General of the Intel- and the entities or individuals identified in (b) CHANGE IN STATUS OF INSPECTOR GEN-
ligence Community. the complaint or information; and ERAL OF DESIGNATED FEDERAL ENTITY.—Sec-
‘‘(B) The Inspector General of the Central ‘‘(ii) to the extent such differences can be tion 8G(e)(2) of the Inspector General Act of
Intelligence Agency. attributed not only to the Director but also 1978 (5 U.S.C. App.) is amended—
‘‘(C) The Inspector General of the Defense to any other official, department, agency, or (1) by inserting ‘‘, is placed on paid or un-
Intelligence Agency. office within the executive branch, or a com- paid non-duty status,’’ after ‘‘office’’;
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H7574 CONGRESSIONAL RECORD — HOUSE December 9, 2021
(2) by inserting ‘‘, change in status,’’ after FEDERAL ENTITY.—Section 8G(e) of the In- by inserting after section 3349d the following
‘‘any such removal’’; and spector General Act Inspector General Act of new section:
(3) by inserting ‘‘, change in status,’’ after 1978 (5 U.S.C. App.), as amended by section ‘‘§ 3349e. Presidential explanation of failure
‘‘before the removal’’. 702(2), is further amended— to nominate an Inspector General
(c) EXCEPTION TO REQUIREMENT TO SUBMIT (A) in paragraph (2), by striking ‘‘If’’ and ‘‘If the President fails to make a formal
COMMUNICATION RELATING TO CERTAIN inserting ‘‘Except as provided in paragraph nomination for a vacant Inspector General
CHANGES IN STATUS.— (4), if’’; and position that requires a formal nomination
(1) COMMUNICATION RELATING TO CHANGE IN (B) by adding at the end the following: by the President to be filled within the pe-
STATUS OF INSPECTOR GENERAL OF OFFICE.— ‘‘(4) If an Inspector General is placed on riod beginning on the date on which the va-
Section 3(b) of the Inspector General Act of paid or unpaid non-duty status, the head of a cancy occurred and ending on the day that is
1978 (5 U.S.C. App.), as amended by section designated Federal entity may submit the 210 days after that date, the President shall
702(1), is further amended— communication described in paragraph (2) to communicate, within 30 days after the end of
(A) in paragraph (1), by striking ‘‘If’’ and Congress later than 30 days before the In- such period, to Congress in writing—
inserting ‘‘Except as provided in paragraph spector General is placed on paid or unpaid ‘‘(1) the reasons why the President has not
(4), if’’; and non-duty status, but in any case not later yet made a formal nomination; and
(B) by adding at the end the following: than the date on which the placement takes ‘‘(2) a target date for making a formal
‘‘(4) If an Inspector General is placed on effect, if— nomination.’’.
paid or unpaid non-duty status, the Presi- ‘‘(A) the head determines that a delay in (b) CLERICAL AMENDMENT.—The table of
dent may submit the communication de- placing the Inspector General on paid or un- sections for chapter 33 of title 5, United
scribed in paragraph (1) to Congress later paid non-duty status would— States Code, is amended by inserting after
than 30 days before the Inspector General is ‘‘(i) pose a threat to the Inspector General the item relating to 3349d the following new
placed on paid or unpaid non-duty status, or others; item:
but in any case not later than the date on ‘‘(ii) result in the destruction of evidence ‘‘3349e. Presidential explanation of failure to
which the placement takes effect, if— relevant to an investigation; or nominate an Inspector Gen-
‘‘(A) the President determines that a delay ‘‘(iii) result in loss of or damage to Govern- eral.’’.
in placing the Inspector General on paid or ment property; (c) EFFECTIVE DATE.—The amendment
unpaid non-duty status would— ‘‘(B) in the communication, the head in- made by subsection (a) shall take effect on
‘‘(i) pose a threat to the Inspector General cludes— the date of the enactment of this Act and
or others; ‘‘(i) a specification of which clause under shall apply to any vacancy first occurring on
‘‘(ii) result in the destruction of evidence subparagraph (A) the head relied on to make or after that date.
relevant to an investigation; or the determination under such subparagraph;
‘‘(iii) result in loss of or damage to Govern- TITLE VIII—PROTECTING
‘‘(ii) the substantive rationale, including
ment property; WHISTLEBLOWERS
detailed and case-specific reasons, for such
‘‘(B) in the communication, the President determination; Subtitle A—Whistleblower Protection
includes— ‘‘(iii) if the head relied on an inquiry to Improvement
‘‘(i) a specification of which clause the make such determination, an identification SEC. 801. SHORT TITLE.
President relied on to make the determina- of each entity that is conducting, or that This title may be cited as the ‘‘Whistle-
tion under subparagraph (A); conducted, such inquiry; and blower Protection Improvement Act of 2021’’.
‘‘(ii) the substantive rationale, including ‘‘(iv) if an inquiry described in clause (iii) SEC. 802. ADDITIONAL WHISTLEBLOWER PRO-
detailed and case-specific reasons, for such is completed, the findings of that inquiry. TECTIONS.
determination; ‘‘(5) The head may not place an Inspector (a) INVESTIGATIONS AS PERSONNEL AC-
‘‘(iii) if the President relied on an inquiry General on paid or unpaid non-duty status TIONS.—
to make such determination, an identifica- during the 30-day period preceding the date (1) IN GENERAL.—Section 2302(a)(2)(A) of
tion of each entity that is conducting, or on which the Inspector General is removed title 5, United States Code, is amended—
that conducted, such inquiry; and or transferred under paragraph (2) unless the (A) in clause (xi), by striking ‘‘and’’ at the
‘‘(iv) if an inquiry described in clause (iii) head— end;
is completed, the findings of that inquiry. ‘‘(A) determines that not placing the In- (B) by redesignating clause (xii) as clause
‘‘(5) The President may not place an In- spector General on paid or unpaid non-duty (xiii); and
spector General on paid or unpaid non-duty status would— (C) by inserting after the clause (xi) the
status during the 30-day period preceding the ‘‘(i) pose a threat to the Inspector General following:
date on which the Inspector General is re- or others; ‘‘(xii) for purposes of subsection (b)(8)—
moved or transferred under paragraph (1) un- ‘‘(ii) result in the destruction of evidence ‘‘(I) the commencement, expansion, or ex-
less the President— relevant to an investigation; or tension of an investigation, but not includ-
‘‘(A) determines that not placing the In- ‘‘(iii) result in loss of or damage to Govern- ing any investigation that is ministerial or
spector General on paid or unpaid non-duty ment property; and nondiscretionary (including a ministerial or
status would— ‘‘(B) on or before the date on which the nondiscretionary investigation described in
‘‘(i) pose a threat to the Inspector General placement takes effect, submits to the Com- section 1213) or any investigation that is
or others; mittee in the House of Representatives and conducted by an Inspector General of an en-
‘‘(ii) result in the destruction of evidence the Committee in the Senate that has juris- tity of the Government of an employee not
relevant to an investigation; or diction over the Inspector General involved, employed by the office of that Inspector Gen-
‘‘(iii) result in loss of or damage to Govern- the Committee on Oversight and Reform of eral; and
ment property; and the House of Representatives, and the Com- ‘‘(II) a referral to an Inspector General of
‘‘(B) on or before the date on which the mittee on Homeland Security and Govern- an entity of the Government, except for a re-
placement takes effect, submits to the Com- mental Affairs of the Senate, a written com- ferral that is ministerial or nondis-
mittee in the House of Representatives and munication that contains the following in- cretionary; and’’.
the Committee in the Senate that has juris- formation— (2) APPLICATION.—The amendment made by
diction over the Inspector General involved, ‘‘(i) a specification of which clause under paragraph (1) shall apply to any investiga-
the Committee on Oversight and Reform of subparagraph (A) the head relied on to make tion opened, or referral made, as described
the House of Representatives, and the Com- the determination under such subparagraph; under clause (xii) of section 2302(a)(2)(A) of
mittee on Homeland Security and Govern- ‘‘(ii) the substantive rationale, including title 5, United States Code, as added by such
mental Affairs of the Senate, a written com- detailed and case-specific reasons, for such paragraph, on or after the date of enactment
munication that contains the following in- determination; of this Act.
formation— ‘‘(iii) if the head relied on an inquiry to (b) RIGHT TO PETITION CONGRESS.—
‘‘(i) a specification of which clause under make such determination, an identification (1) IN GENERAL.—Section 2302(b)(9) of title
subparagraph (A) the President relied on to of each entity that is conducting, or that 5, United States Code, is amended—
make the determination under such subpara- conducted, such inquiry; and (A) in subparagraph (C), by striking ‘‘or’’
graph; ‘‘(iv) if an inquiry described in clause (iii) at the end;
‘‘(ii) the substantive rationale, including is completed, the findings of that inquiry.’’. (B) in subparagraph (D), by adding ‘‘or’’
detailed and case-specific reasons, for such (d) APPLICATION.—The amendments made after the semicolon at the end; and
determination; by this section shall apply with respect to (C) by adding at the end the following:
‘‘(iii) if the President relied on an inquiry removals, transfers, and changes of status ‘‘(E) the exercise of any right protected
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to make such determination, an identifica- occurring on or after the date that is 30 days under section 7211;’’.
tion of each entity that is conducting, or after the date of the enactment of this Act. (2) APPLICATION.—The amendment made by
that conducted, such inquiry; and SEC. 723. PRESIDENTIAL EXPLANATION OF FAIL- paragraph (1) shall apply to the exercise of
‘‘(iv) if an inquiry described in clause (iii) URE TO NOMINATE AN INSPECTOR any right described in section 2302(b)(9)(E) of
is completed, the findings of that inquiry.’’. GENERAL. title 5, United States Code, as added by para-
(2) COMMUNICATION RELATING TO CHANGE IN (a) IN GENERAL.—Subchapter III of chapter graph (1), occurring on or after the date of
STATUS OF INSPECTOR GENERAL OF DESIGNATED 33 of title 5, United States Code, is amended enactment of this Act.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7575
(c) PROHIBITION ON DISCLOSURE OF WHISTLE- of the foregoing actions protected in sub- ‘‘(A) that there is a substantial likelihood
BLOWER IDENTITY.— section (a). that protected activity was a contributing
(1) IN GENERAL.—Section 2302 of title 5, ‘‘(c) APPLICATION.—This section shall not factor to the personnel action involved; or
United States Code, is amended by adding at be construed to authorize disclosure of any ‘‘(B) the Board otherwise determines that
the end the following: information that is— such a stay would be appropriate.’’.
‘‘(g)(1) No employee of an agency may will- ‘‘(1) specifically prohibited from disclosure (3) APPEAL OF STAY.—Section 1221(c) of
fully communicate or transmit to any indi- by any other provision of Federal law; or title 5, United States Code, is amended by
vidual who is not an officer or employee of ‘‘(2) specifically required by Executive adding at the end the following:
the Government the identity of, or person- order to be kept secret in the interest of na- ‘‘(4) If any stay requested under paragraph
ally identifiable information about, any tional defense or the conduct of foreign af- (1) is denied, the employee, former employee,
other employee because that other employee fairs, unless disclosure is otherwise author- or applicant may, within 7 days after receiv-
has made, or is suspected to have made, a ized by law. ing notice of the denial, file an appeal for ex-
disclosure protected by subsection (b)(8), un- ‘‘(d) DEFINITION OF OFFICER OR EMPLOYEE pedited review by the Board. The agency
less— OF THE FEDERAL GOVERNMENT.—For purposes shall have 7 days thereafter to respond. The
‘‘(A) the other employee provides express of this section, the term ‘officer or employee Board shall provide a decision not later than
written consent prior to the communication of the Federal Government’ includes— 21 days after receiving the appeal. During
or transmission of their identity or person- ‘‘(1) the President; the period of appeal, both parties may sup-
ally identifiable information; ‘‘(2) a Member of Congress; plement the record with information un-
‘‘(B) the communication or transmission is ‘‘(3) a member of the uniformed services; available to them at the time the stay was
made in accordance with the provisions of ‘‘(4) an employee (as that term is defined in first requested.’’.
section 552a; section 2105); (4) ACCESS TO DISTRICT COURT; JURY
‘‘(C) the communication or transmission is ‘‘(5) an employee of the United States TRIALS.—
made to a lawyer for the sole purpose of pro- Postal Service or the Postal Regulatory (A) IN GENERAL.—Section 1221(i) of title 5,
viding legal advice to an employee accused Commission; and United States Code, is amended—
of whistleblower retaliation; or ‘‘(6) an employee appointed under chapter (i) by striking ‘‘(i) Subsections’’ and insert-
‘‘(D) the communication or transmission is 73 or 74 of title 38.’’. ing ‘‘(i)(1) Subsections’’; and
required or permitted by any other provision (2) CLERICAL AMENDMENT.—The table of (ii) by adding at the end the following:
of law. sections for subchapter II of chapter 72 of ‘‘(2)(A) If, in the case of an employee,
‘‘(2) In this subsection, the term ‘officer or title 5, United States Code, is amended by former employee, or applicant for employ-
employee of the Government’ means— striking the item related to section 7211 and ment who seeks corrective action from the
‘‘(A) the President; inserting the following: Merit Systems Protection Board based on an
‘‘(B) a Member of Congress; ‘‘7211. Employees’ right to petition or furnish alleged prohibited personnel practice de-
‘‘(C) a member of the uniformed services; information or respond to Con- scribed in section 2302(b)(8), section
‘‘(D) an employee as that term is defined in gress.’’. 2302(b)(9)(A)(i), (B), (C), (D), or (E), section
section 2105, including an employee of the SEC. 803. ENHANCEMENT OF WHISTLEBLOWER 2302(b)(13), or section 2302(g), no final order
United States Postal Service, the Postal PROTECTIONS. or decision is issued by the Board within 180
Regulatory Commission, or the Department (a) DISCLOSURES RELATING TO OFFICERS OR days after the date on which a request for
of Veterans Affairs (including any employee EMPLOYEES OF AN OFFICE OF INSPECTOR GEN- such corrective action has been duly sub-
appointed pursuant to chapter 73 or 74 of ERAL.—Section 1213(c) of title 5, United mitted to the Board, such employee, former
title 38); and States Code, is amended by adding at the end employee, or applicant may, after providing
‘‘(E) any other officer or employee in any the following: written notice to the Special Counsel and
branch of the Government of the United ‘‘(3) If the information transmitted under the Board and only within 20 days after pro-
States.’’. this subsection disclosed a violation of law,
viding such notice, bring an action for re-
(2) APPLICATION.—The amendment made by rule, or regulation, or gross waste, gross mis-
view de novo before the appropriate United
paragraph (1) shall apply to any trans- management, abuse of authority, or a sub-
States district court, and such action shall,
mission or communication described in sub- stantial and specific danger to public health
at the request of either party to such action,
section (g) of section 2302 of title 5, United or safety, by any officer or employee of an
be tried before a jury. Upon filing of an ac-
States Code, as added by paragraph (1), made Office of Inspector General, the Special
tion with the appropriate United States dis-
on or after the date of enactment of this Act. Counsel may refer the matter to the Council
trict court, any proceedings before the Board
(d) RIGHT TO PETITION CONGRESS.— of the Inspectors General on Integrity and
shall cease and the employee, former em-
(1) IN GENERAL.—Section 7211 of title 5, Efficiency, which shall comply with the
ployee, or applicant for employment waives
United States Code, is amended to read as standards and procedures applicable to inves-
any right to refile with the Board.
follows: tigations and reports under subsection (c).’’.
(b) RETALIATORY REFERRALS TO INSPECTORS ‘‘(B) If the Board certifies (in writing) to
‘‘§ 7211. Employees’ right to petition or fur- the parties of a case that the complexity of
GENERAL.—Section 1214(d) of title 5, United
nish information or respond to Congress such case requires a longer period of review,
States Code, is amended by adding at the end
‘‘(a) IN GENERAL.—Each officer or em- the following: subparagraph (A) shall be applied by sub-
ployee of the Federal Government, individ- ‘‘(3) In any case in which the Special Coun- stituting ‘240 days’ for ‘180 days’.
ually or collectively, has a right to— sel determines that a referral to an Inspector ‘‘(C) In any such action brought before a
‘‘(1) petition Congress or a Member of Con- General of an entity of the Federal Govern- United States district court under subpara-
gress; ment was in retaliation for a disclosure or graph (A), the court—
‘‘(2) furnish information, documents, or protected activity described in section ‘‘(i) shall apply the standards set forth in
testimony to either House of Congress, any 2302(b)(8) or in retaliation for exercising a subsection (e); and
Member of Congress, or any committee or right described in section 2302(b)(9)(A)(i), the ‘‘(ii) may award any relief which the court
subcommittee of the Congress; or Special Counsel shall transmit that finding considers appropriate, including any relief
‘‘(3) respond to any request for informa- in writing to the Inspector General within described in subsection (g).’’.
tion, documents, or testimony from either seven days of making the finding. The In- (B) APPLICATION.—
House of Congress or any Committee or sub- spector General shall consider that finding (i) The amendments made by subparagraph
committee of Congress. and make a determination on whether to ini- (A) shall apply to any corrective action duly
‘‘(b) PROHIBITED ACTIONS.—No officer or tiate an investigation or continue an inves- submitted to the Merit Systems Protection
employee of the Federal Government may tigation based on the referral that the Spe- Board, during the five-year period preceding
interfere with or deny the right set forth in cial Counsel found to be retaliatory.’’. the date of enactment of this Act, by an em-
subsection (a), including by— (c) ENSURING TIMELY RELIEF.— ployee, former employee, or applicant for
‘‘(1) prohibiting or preventing, or attempt- (1) INDIVIDUAL RIGHT OF ACTION.—Section employment based on an alleged prohibited
ing or threatening to prohibit or prevent, 1221 of title 5, United States Code, is amend- personnel practice described in section
any other officer or employee of the Federal ed by striking ‘‘section 2302(b)(8) or section 2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D), or
Government from engaging in activity pro- 2302(b)(9)(A)(i), (B), (C), or (D),’’ each place it 2302(b)(13) of title 5, United States Code, with
tected in subsection (a); or appears and inserting ‘‘section 2302(b)(8), sec- respect to which no final order or decision
‘‘(2) removing, suspending from duty with- tion 2302(b)(9)(A)(i), (B), (C), (D), or (E), sec- has been issued by the Board.
out pay, demoting, reducing in rank, senior- tion 2302(b)(13), or section 2302(g),’’. (ii) In the case of an individual described in
ity, status, pay, or performance or efficiency (2) STAYS.—Section 1221(c)(2) of title 5, clause (i) whose duly submitted claim to the
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rating, denying promotion to, relocating, re- United States Code, is amended to read as Board was made not later than 180 days be-
assigning, transferring, disciplining, or dis- follows: fore the date of enactment of this Act, such
criminating in regard to any employment ‘‘(2) Any stay requested under paragraph individual may only bring an action before a
right, entitlement, or benefit, or any term or (1) shall be granted within 10 calendar days United States district court as described in
condition of employment of, any other offi- (excluding Saturdays, Sundays, and legal section 1221(i)(2) of title 5, United States
cer or employee of the Federal Government holidays) after the date the request is made, Code, (as added by subparagraph (A) if that
or attempting or threatening to commit any if the Board determines— individual—
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H7576 CONGRESSIONAL RECORD — HOUSE December 9, 2021
(I) provides written notice to the Office of (B) EXCEPTION.—Subparagraph (A) shall ‘‘(aa) any violation of law, rule, or regula-
Special Counsel and the Merit Systems Pro- not apply to any personnel action with re- tion; or
tection Board not later than 90 days after spect to which a complaint has been filed ‘‘(bb) gross mismanagement, a gross waste
the date of enactment of this Act; and pursuant to section 1034 of title 10, United of funds, an abuse of authority, or a substan-
(II) brings such action not later than 20 States Code, and a final decision has been tial and specific danger to public health or
days after providing such notice. rendered regarding such complaint. safety; and
(d) RECIPIENTS OF WHISTLEBLOWER DISCLO- (g) RELIEF.— ‘‘(II) the disclosure is made to the Special
SURES.—Section 2302(b)(8)(B) of title 5, (1) IN GENERAL.—Section 7701(b)(2)(A) of Counsel, or to the Inspector General of an
United States Code, is amended by striking title 5, United States Code, is amended by agency or another person designated by the
‘‘or to the Inspector General of an agency or striking ‘‘upon the making of the decision’’ head of the agency to receive such disclo-
another employee designated by the head of and inserting ‘‘upon making of the decision, sures, consistent with the protection of
the agency to receive such disclosures’’ and necessary to make the employee whole as if sources and methods.
inserting ‘‘the Inspector General of an agen- there had been no prohibited personnel prac-
‘‘(3) A disclosure shall not be excluded
cy, a supervisor in the employee’s direct tice, including training, seniority and pro-
from paragraph (2) for any reason described
chain of command up to and including the motions consistent with the employee’s prior
under subsection (f)(1) or (2).
head of the employing agency, or to an em- record’’.
ployee designated by any of the aforemen- (2) APPLICATION.—In addition to any appeal ‘‘(4) Nothing in this subsection shall be
tioned individuals for the purpose of receiv- made on or after the date of enactment of construed to imply any limitation on the
ing such disclosures’’. this Act to the Merit Systems Protection protections of employees and applicants af-
(e) ATTORNEY FEES.— Board under section 7701 of title 5, United forded by any other provision of law, includ-
(1) IN GENERAL.—Section 7703(a) of title 5, States Code, the amendment made by para- ing protections with respect to any disclo-
United States Code, is amended by adding at graph (1) shall apply to any appeal made sure of information believed to be evidence
the end the following: under such section before the date of enact- of censorship related to research, analysis,
‘‘(3) If an employee, former employee, or ment of this Act with respect to which the or technical information.’’.
applicant for employment is the prevailing Board has not issued a final decision. (b) REPEAL.—
party under a proceeding brought under this SEC. 804. CLASSIFYING CERTAIN FURLOUGHS AS
(1) IN GENERAL.—Section 110 of the Whistle-
ADVERSE PERSONNEL ACTIONS.
section, the employee, former employee, or blower Protection Enhancement Act of 2012
applicant for employment shall be entitled (a) IN GENERAL.—Section 7512 of title 5,
(Public Law 112–199) is hereby repealed.
to attorney fees for all representation car- United States Code, is amended—
(2) RULE OF CONSTRUCTION.—Nothing in this
ried out pursuant to this section. In such an (1) in paragraph (4), by striking ‘‘and’’ at
section shall be construed to limit or other-
action for attorney fees, the agency respon- the end; and
wise affect any action under such section 110
sible for taking the personnel action shall be (2) by striking paragraph (5) and inserting
commenced before the date of enactment of
the respondent and shall be responsible for the following:
this Act or any protections afforded by such
paying the fees.’’. ‘‘(5) a furlough of more than 14 days but
section with respect to such action.
(2) APPLICATION.—In addition to any pro- less than 30 days; and
ceeding brought by an employee, former em- ‘‘(6) a furlough of 13 days or less that is not SEC. 806. TITLE 5 TECHNICAL AND CONFORMING
due to a lapse in appropriations;’’. AMENDMENTS.
ployee, or applicant for employment on or
(b) APPLICATION.—The amendment made by
after the date of enactment of this Act to a Title 5, United States Code, is amended—
subsection (a) shall apply to any furlough
Federal court under section 7703 of title 5, (1) in section 1212(h), by striking ‘‘or (9)’’
covered by such section 7512(5) or (6) (as
United States Code, the amendment made by each place it appears and inserting ‘‘, (b)(9),
amended by such subsection) occurring on or
paragraph (1) shall apply to any proceeding (b)(13), or (g)’’;
after the date of enactment of this Act.
brought by an employee, former employee, (2) in section 1214—
SEC. 805. CODIFICATION OF PROTECTIONS FOR
or applicant for employment under such sec- (A) in subsections (a) and (b), by striking
DISCLOSURES OF CENSORSHIP RE-
tion before the date of enactment of this Act LATED TO RESEARCH, ANALYSIS, OR ‘‘section 2302(b)(8) or section 2302(b)(9)(A)(i),
with respect to which the applicable Federal TECHNICAL INFORMATION. (B), (C), or (D)’’ each place it appears and in-
court has not issued a final decision. (a) IN GENERAL.—Section 2302 of title 5, serting ‘‘section 2302(b)(8), section
(f) EXTENDING WHISTLEBLOWER PROTECTION United States Code, as amended by section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section
ACT TO CERTAIN EMPLOYEES.— 802(c)(1), is further amended by adding at the 2302(b)(13), or section 2302(g)’’; and
(1) IN GENERAL.—Section 2302(a)(2)(A) of end the following: (B) in subsection (i), by striking ‘‘section
title 5, United States Code, is amended in the ‘‘(h)(1) In this subsection— 2302(b)(8) or subparagraph (A)(i), (B), (C), or
matter following clause (xiii)— ‘‘(A) the term ‘applicant’ means an appli- (D) of section 2302(b)(9)’’ and inserting ‘‘sec-
(A) by inserting ‘‘subsection (b)(9)(A)(i), cant for a covered position; tion 2302(b)(8), subparagraph (A)(i), (B), (C),
(B), (C), (D), or (E), subsection (b)(13), or sub- ‘‘(B) the term ‘censorship related to re- (D), or (E) of section 2302(b)(9), section
section (g),’’ after ‘‘subsection (b)(8),’’; and search, analysis, or technical information’ 2302(b)(13), or section 2302(g)’’;
(B) by inserting after ‘‘title 31’’ the fol- means any effort to distort, misrepresent, or (3) in section 1215(a)(3)(B), by striking ‘‘sec-
lowing: ‘‘, a commissioned officer or appli- suppress research, analysis, or technical in- tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or
cant for employment in the Public Health formation; and (D)’’ each place it appears and inserting
Service, an officer or applicant for employ- ‘‘(C) the term ‘employee’ means an em- ‘‘section 2302(b)(8), section 2302(b)(9)(A)(i),
ment in the commissioned officer corps of ployee in a covered position in an agency. (B), (C), (D), or (E), section 2302(b)(13), or sec-
the National Oceanic and Atmospheric Ad- ‘‘(2)(A) Any disclosure of information by an tion 2302(g)’’;
ministration, and a noncareer appointee in employee or applicant for employment that (4) in section 2302—
the Senior Executive Service’’. the employee or applicant reasonably be- (A) in subsection (a)—
(2) CONFORMING AMENDMENTS.—Section 261 lieves is evidence of censorship related to re- (i) in paragraph (1), by inserting ‘‘or (g)’’
of the National Oceanic and Atmospheric Ad- search, analysis, or technical information— after ‘‘subsection (b)’’; and
ministration Commissioned Officer Corps ‘‘(i) shall come within the protections of (ii) in paragraph (2)(C)(i), by striking ‘‘sub-
Act of 2002 (33 U.S.C. 3071) is amended— subsection (b)(8)(A) if— section (b)(8) or section 2302(b)(9)(A)(i), (B),
(A) in subsection (a)— ‘‘(I) the employee or applicant reasonably (C), or (D)’’ and inserting ‘‘section 2302(b)(8),
(i) by striking paragraph (8); and believes that the censorship related to re- section 2302(b)(9)(A)(i), (B), (C), (D), or (E),
(ii) by redesignating paragraphs (9) search, analysis, or technical information is section 2302(b)(13), or section 2302(g)’’; and
through (26) as paragraphs (8) through (25), or will cause— (B) in subsection (c)(1)(B), by striking
respectively; and ‘‘(aa) any violation of law, rule, or regula- ‘‘paragraph (8) or subparagraph (A)(i), (B),
(B) in subsection (b), by striking the sec- tion; or (C), or (D) of paragraph (9) of subsection (b)’’
ond sentence. ‘‘(bb) gross mismanagement, a gross waste and inserting ‘‘paragraph (8), subparagraph
(3) APPLICATION.— of funds, an abuse of authority, or a substan- (A)(i), (B), (C), or (D) of paragraph (9), or
(A) IN GENERAL.—With respect to an officer tial and specific danger to public health or paragraph (13) of subsection (b) or subsection
or applicant for employment in the commis- safety; and (g)’’;
sioned officer corps of the National Oceanic ‘‘(II) such disclosure is not specifically pro- (5) in section 7515(a)(2), by striking ‘‘para-
and Atmospheric Administration, the hibited by law or such information is not graph (8), (9), or (14) of section 2302(b)’’ and
amendments made by paragraphs (1) and (2) specifically required by Executive order to inserting ‘‘paragraph (8), (9), (13), or (14) of
shall apply to any personnel action taken be kept classified in the interest of national section 2302(b) or section 2302(g)’’;
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against such officer or applicant on or after defense or the conduct of foreign affairs; and (6) in section 7701(c)(2)(B), by inserting ‘‘or
the date of enactment of the National Oce- ‘‘(ii) shall come within the protections of section 2302(g)’’ after ‘‘section 2302(b)’’; and
anic and Atmospheric Administration Com- subsection (b)(8)(B) if— (7) in section 7703(b)(1)(B), by striking ‘‘sec-
missioned Officer Corps Amendments Act of ‘‘(I) the employee or applicant reasonably tion 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or
2020 (Public Law 116–259) for making any dis- believes that the censorship related to re- (D)’’ and inserting ‘‘section 2302(b)(8), section
closure protected under section 2302(8) of search, analysis, or technical information is 2302(b)(9)(A)(i), (B), (C), (D), or (E), section
title 5, United States Code. or will cause— 2302(b)(13), or section 2302(g)’’.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7577
Subtitle B—Whistleblowers of the (c) DEFINITIONS.—Section 3 of such Act (50 SEC. 813. PROHIBITION AGAINST DISCLOSURE OF
Intelligence Community U.S.C. 3003), as amended by section 711, is WHISTLEBLOWER IDENTITY AS RE-
PRISAL AGAINST WHISTLEBLOWER
SEC. 811. LIMITATION ON SHARING OF INTEL- further amended by adding at the end the
DISCLOSURE BY EMPLOYEES AND
LIGENCE COMMUNITY WHISTLE- following new paragraphs: CONTRACTORS IN INTELLIGENCE
BLOWER COMPLAINTS WITH PER- ‘‘(9) The term ‘whistleblower’ means a per- COMMUNITY.
SONS NAMED IN SUCH COMPLAINTS. son who makes a whistleblower disclosure. (a) IN GENERAL.—Paragraph (3) of sub-
(a) IN GENERAL.—Title XII of the National ‘‘(10) The term ‘whistleblower disclosure’ section (a) of section 1221 of the National Se-
Security Act of 1947, as added by section 711, means a disclosure that is protected under curity Act of 1947, as designated by section
is further amended by inserting after section section 1221 of this Act or section 3001(j)(1) of 811(b)(1)(A), is amended—
1205, as added by section 713(c), the following the Intelligence Reform and Terrorism Pre-
new subtitle: (1) in subparagraph (I), by striking ‘‘; or’’
vention Act of 2004 (50 U.S.C. 3341(j)).’’. and inserting a semicolon;
‘‘Subtitle B—Protections for Whistleblowers (d) CONFORMING AMENDMENT.—Section 5331 (2) by redesignating subparagraph (J) as
‘‘SEC. 1223. LIMITATION ON SHARING OF INTEL- of the Damon Paul Nelson and Matthew subparagraph (K); and
LIGENCE COMMUNITY WHISTLE- Young Pollard Intelligence Authorization (3) by inserting after subparagraph (I) the
BLOWER COMPLAINTS WITH PER- Act for Fiscal Years 2018, 2019, and 2020 (divi-
SONS NAMED IN SUCH COMPLAINTS. following:
sion E of Public Law 116–92; 50 U.S.C. 3033 ‘‘(J) a knowing and willful disclosure re-
‘‘(a) IN GENERAL.—It shall be unlawful for note) is amended by striking ‘‘section 1104 of
any employee or officer of the Federal Gov- vealing the identity or other personally iden-
the National Security Act of 1947 (50 U.S.C. tifiable information of such employee or
ernment to knowingly and willfully share
3234)’’ and inserting ‘‘section 1221 of the Na- such contractor employee without the ex-
any whistleblower disclosure information
tional Security Act of 1947’’. press written consent of such employee or
with any individual named as a subject of
the whistleblower disclosure and alleged in SEC. 812. DISCLOSURES TO CONGRESS. such contractor employee or if the Inspector
the disclosure to have engaged in mis- (a) IN GENERAL.—Title XII of the National General determines such disclosure is nec-
conduct, unless— Security Act of 1947, as added by section 711, essary for the exclusive purpose of inves-
‘‘(1) the whistleblower consented, in writ- is further amended by inserting after section tigating a complaint or information received
ing, to such sharing before the sharing oc- 1225, as designated by section 811(b), the fol- under section 8H of the Inspector General
curs; lowing new section: Act of 1978 (5 U.S.C. App. 8H); or’’.
‘‘(2) a covered Inspector General to whom (b) APPLICABILITY TO DETAILEES.—Such
‘‘SEC. 1227. PROCEDURES REGARDING DISCLO-
such disclosure is made— SURES TO CONGRESS. subsection is amended by adding at the end
‘‘(A) determines that such sharing is nec- the following:
‘‘(a) GUIDANCE.—
essary to advance an investigation, audit, in- ‘‘(5) EMPLOYEE.—The term ‘employee’, with
‘‘(1) OBLIGATION TO PROVIDE SECURITY DI-
spection, review, or evaluation by the In- respect to an agency or a covered intel-
RECTION UPON REQUEST.—Upon the request of
spector General; and ligence community element, includes an in-
a whistleblower, the head of the relevant ele-
‘‘(B) notifies the whistleblower of such dividual who has been detailed to such agen-
ment of the intelligence community, acting
sharing before the sharing occurs; or cy or covered intelligence community ele-
through the covered Inspector General for
‘‘(3) an attorney for the Government— ment.’’.
that element, shall furnish on a confidential (c) PRIVATE RIGHT OF ACTION FOR UNLAW-
‘‘(A) determines that such sharing is nec- basis to the whistleblower information re- FUL DISCLOSURE OF WHISTLEBLOWER IDEN-
essary to advance an investigation by the at- garding how the whistleblower may directly TITY.—Subsection (d) of such section is
torney; and contact the congressional intelligence com-
‘‘(B) notifies the whistleblower of such amended to read as follows:
mittees, in accordance with appropriate se- ‘‘(d) ENFORCEMENT.—
sharing before the sharing occurs. curity practices, regarding a complaint or
‘‘(b) WHISTLEBLOWER DISCLOSURE INFORMA- ‘‘(1) IN GENERAL.—Except as otherwise pro-
information of the whistleblower pursuant to vided in this subsection, the President shall
TION DEFINED.—In this section, the term section 103H(k)(5)(D) or other appropriate
‘whistleblower disclosure information’ provide for the enforcement of this section.
provision of law. ‘‘(2) PRIVATE RIGHT OF ACTION FOR UNLAW-
means, with respect to a whistleblower dis- ‘‘(2) NONDISCLOSURE.—Unless a whistle-
closure— FUL, WILLFUL DISCLOSURE OF WHISTLEBLOWER
blower who makes a request under paragraph IDENTITY.—In a case in which an employee of
‘‘(1) the disclosure; (1) provides prior consent, a covered Inspec-
‘‘(2) confirmation of the fact of the exist- an agency, or other employee or officer of
tor General may not disclose to the head of the Federal Government, takes a personnel
ence of the disclosure; or the relevant element of the intelligence com-
‘‘(3) the identity, or other identifying in- action described in subsection (a)(3)(J)
munity— against an employee of a covered intel-
formation, of the whistleblower who made ‘‘(A) the identity of the whistleblower; or
the disclosure.’’. ligence community element as a reprisal in
‘‘(B) the element at which such whistle- violation of subsection (b) or in a case in
(b) TECHNICAL AND CLERICAL AMEND-
blower is employed, detailed, or assigned as which a contractor employee takes a per-
MENTS.—
a contractor employee. sonnel action described in such subsection
(1) TRANSFER.—The National Security Act
of 1947 (50 U.S.C. 3001 et seq.) is amended as ‘‘(b) OVERSIGHT OF OBLIGATION.—If a cov- against another contractor employee as a re-
follows: ered Inspector General determines that the prisal in violation of subsection (c), the em-
(A) Section 1104 is— head of an element of the intelligence com- ployee or contractor employee against whom
(i) transferred to title XII of such Act, as munity denied a request by a whistleblower the personnel action was taken may bring a
added by section 711; under subsection (a), directed the whistle- private action for all appropriate remedies,
(ii) inserted before section 1223 of such Act, blower not to contact the congressional in- including injunctive relief and compensatory
as added by this section; and telligence committees, or unreasonably de- and punitive damages, against the employee
(iii) redesignated as section 1221. layed in providing information under such or contractor employee who took the per-
(B) Section 1106 is— subsection, the covered Inspector General sonnel action, in a Federal district court of
(i) amended by striking ‘‘section 1104’’ each shall notify the congressional intelligence competent jurisdiction within 180 days of
place it appears and inserting ‘‘section 1221’’; committees of such denial, direction, or un- when the employee or contractor employee
(ii) transferred to title XII of such Act, as reasonable delay. first learned of or should have learned of the
added by section 711; ‘‘(c) PERMANENT SECURITY OFFICER.—The violation.’’.
(iii) inserted after section 1223 of such Act, head of each element of the intelligence TITLE IX—ACCOUNTABILITY FOR ACTING
as added by this section; and community may designate a permanent se- OFFICIALS
(iv) redesignated as section 1225. curity officer in the element to provide to
SEC. 901. SHORT TITLE.
(2) CLERICAL AMENDMENTS.—The table of whistleblowers the information under sub-
This title may be cited as the ‘‘Account-
sections at the beginning of the National Se- section (a).’’.
ability for Acting Officials Act’’.
curity Act of 1947 is amended— (b) CLERICAL AMENDMENT.—The table of
SEC. 902. CLARIFICATION OF FEDERAL VACAN-
(A) by striking the items relating to sec- sections at the beginning of the National Se- CIES REFORM ACT OF 1998.
tion 1104 and section 1106; and curity Act of 1947 is amended by inserting (a) ELIGIBILITY REQUIREMENTS.—Section
(B) by inserting after the item relating to after the item relating to section 1225, as 3345 of title 5, United States Code, is amend-
section 1205 the following new items: added by section 811(b), the following new ed as follows:
‘‘SUBTITLE B—PROTECTIONS FOR item: (1) In subsection (a)—
WHISTLEBLOWERS ‘‘Sec. 1227. Procedures regarding disclosures (A) in paragraph (1), by adding at the end
‘‘Sec. 1221. Prohibited personnel practices in to Congress.’’. before the semi-colon the following: ‘‘, but,
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the intelligence community. (c) CONFORMING AMENDMENT.—Section and except as provided in subsection (e), only
‘‘Sec. 1223. Limitation on sharing of intel- 103H(k)(5)(D)(i) of the National Security Act if the individual serving in the position of
ligence community whistle- of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is amended first assistant has occupied such position for
blower complaints with persons by adding at the end the following: ‘‘The em- a period of at least 30 days during the 365-day
named in such complaints. ployee may request information pursuant to period preceding the date of the death, res-
‘‘Sec. 1225. Inspector General external re- section 1227 with respect to contacting such ignation, or beginning of inability to serve’’;
view panel.’’. committees.’’. and
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H7578 CONGRESSIONAL RECORD — HOUSE December 9, 2021
(B) by striking subparagraph (A) of para- first occurring with respect to an Inspector section) or 3348(c), with respect to any va-
graph (3) and inserting the following: General position on or after the date of en- cancy that exists on a transitional inaugura-
‘‘(A) the officer or employee served in a po- actment of this Act. tion day, or that arises during the 60-day pe-
sition in such agency for a period of at least (e) TESTIMONY OF ACTING OFFICIALS BEFORE riod beginning on such day, the person serv-
1 year preceding the date of death, resigna- CONGRESS.—Section 3345 of title 5, United ing as an acting officer as described under
tion, or beginning of inability to serve of the States Code, as amended by subsection (d)(1), section 3345 may serve in the office—
applicable officer; and’’. is further amended by adding at the end the ‘‘(1) for no longer than 300 days beginning
(2) By adding at the end the following: following: on such day; or
‘‘(d) For purposes of this section, a position ‘‘(g)(1) Any individual serving as an acting ‘‘(2) subject to subsection 3346(b), once a
shall be considered to be the first assistant officer due to a vacancy to which this sec- first or second nomination for the office is
to the office with respect to which a vacancy tion applies, or any individual who has submitted to the Senate, from the date of
occurs only if such position has been des- served in such capacity and continues to per- such nomination for the period that the
ignated, at least 30 days before the date of form the same or similar duties beyond the nomination is pending in the Senate.’’.
the vacancy, by law, rule, or regulation as time limits described in section 3346, shall
appear, at least once during any 60-day pe- TITLE X—STRENGTHENING HATCH ACT
the first assistant position. The previous
riod that the individual is so serving, before ENFORCEMENT AND PENALTIES
sentence shall begin to apply on the date
that is 180 days after the date of enactment the appropriate committees of jurisdiction of SEC. 1001. SHORT TITLE.
of the Accountability for Acting Officials the House of Representatives and the Senate. This title may be cited as the ‘‘Hatch Act
Act. ‘‘(2) Paragraph (1) may be waived upon mu- Accountability Act’’.
‘‘(e) The 30-day service requirement in sub- tual agreement of the chairs and ranking SEC. 1002. STRENGTHENING HATCH ACT EN-
section (a)(1) shall not apply to any indi- members of such committees.’’. FORCEMENT AND PENALTIES
vidual who is a first assistant if— (f) TIME LIMITATION FOR PRINCIPAL OF- AGAINST POLITICAL APPOINTEES.
‘‘(1)(A) the office of such first assistant is FICES.—Section 3346 of title 5, United States (a) INVESTIGATIONS BY OFFICE OF SPECIAL
an office for which appointment is required Code, is amended— COUNSEL.—Section 1216 of title 5, United
to be made by the President, by and with the (1) in subsection (a), by inserting ‘‘or as States Code, as amended by section 307, is
advice and consent of the Senate; and provided in subsection (d)’’ after ‘‘sickness’’; amended—
‘‘(B) the Senate has approved the appoint- and (1) in subsection (c), by striking ‘‘(1),’’; and
ment of such individual to such office; or (2) by adding at the end the following: (2) by adding at the end the following:
‘‘(2) the individual began serving in the po- ‘‘(d) With respect to the vacancy of the po- ‘‘(e)(1) In addition to the authority other-
sition of head of any agency listed in sub- wise provided in this chapter, the Special
sition of first assistant during the 180-day
section (b) of section 901 of title 31, or any Counsel—
period beginning on a transitional inaugura-
other position that is within the President’s ‘‘(A) shall conduct an investigation with
tion day (as that term is defined in section
cabinet and to which this section applies, respect to any allegation concerning polit-
3349a(a)).’’.
subsections (a) through (c) of this section
(b) QUALIFICATIONS.—Section 3345(b) of ical activity prohibited under subchapter III
title 5, United States Code, is amended by and sections 3348(c), 3349(b), and 3349a(b)
of chapter 73 (relating to political activities
adding at the end the following: shall be applied by substituting ‘120’ for ‘210’
by Federal employees); and
‘‘(3) Any individual directed to perform the in each instance.’’.
(g) EXCLUSIVITY.—Section 3347 of title 5, ‘‘(B) may, regardless of whether the Spe-
functions and duties of the vacant office cial Counsel has received an allegation, con-
temporarily in an acting capacity under sub- United States Code, is amended—
(1) by redesignating subsection (b) as sub- duct any investigation as the Special Coun-
section (a)(2) or (f) shall possess the quali- sel considers necessary concerning political
fications (if any) set forth in law, rule, or section (c); and
(2) by inserting after subsection (a) the fol- activity prohibited under such subchapter.
regulation that are otherwise applicable to ‘‘(2) With respect to any investigation
an individual appointed by the President, by lowing:
‘‘(b) Notwithstanding subsection (a), any under paragraph (1) of this subsection, the
and with the advice and consent of the Sen- Special Counsel may seek corrective action
ate, to occupy such office.’’. statutory provision covered under paragraph
(1) of such subsection that contains a non- under section 1214 and disciplinary action
(c) APPLICATION TO INDIVIDUALS REMOVED under section 1215 in the same way as if a
FROM OFFICE.—Paragraph (2) of section discretionary order or directive to designate
an officer or employee to perform the func- prohibited personnel practice were involved.
3345(c) of title 5, United States Code, is ‘‘(f)(1) Notwithstanding subsection (b) of
amended by inserting after ‘‘the expiration tions and duties of a specified office tempo-
rarily in an acting capacity shall be the ex- section 1215, consistent with paragraph (3) of
of a term of office’’ the following: ‘‘or re-
clusive means for temporarily authorizing an this subsection, if after an investigation
moval (voluntarily or involuntarily) from of-
acting official to perform the functions and under subsection (d)(1) the Special Counsel
fice’’.
(d) VACANCY OF INSPECTOR GENERAL POSI- duties of such office.’’. determines that a political appointee has
TIONS.— (h) REPORTING OF VACANCIES.— violated section 7323 or 7324, the Special
(1) IN GENERAL.—Section 3345 of title 5, (1) IN GENERAL.—Section 3349 of title 5, Counsel may present a complaint to the
United States Code, as amended by sub- United States Code, is amended— Merit Systems Protection Board under the
section (a)(2), is further amended by adding (A) in subsection (a)— process provided in section 1215, against such
at the end the following: (i) by striking ‘‘immediately upon’’ in each political appointee.
‘‘(f)(1) Notwithstanding subsection (a), if instance and inserting ‘‘not later than 7 days ‘‘(2) Notwithstanding section 7326, a final
an Inspector General position that requires after’’; order of the Board on a complaint of a viola-
appointment by the President by and with (ii) in paragraph (3), by striking ‘‘and’’ at tion of section 7323 or 7324 by a political ap-
the advice and consent of the Senate to be the end; pointee may impose an assessment of a civil
filled is vacant, the first assistant of such (iii) in paragraph (4), by striking the period penalty not to exceed $50,000.
position shall perform the functions and du- at the end and inserting ‘‘; and’’; and ‘‘(3) The Special Counsel may not present a
ties of the Inspector General temporarily in (iv) by adding at the end the following: complaint under paragraph (1) of this sub-
an acting capacity subject to the time limi- ‘‘(5) notification of the end of the term of section—
tations of section 3346. service of any person serving in an acting ca- ‘‘(A) unless no disciplinary action or civil
‘‘(2) Notwithstanding subsection (a), if for pacity and the name of any subsequent per- penalty has been taken or assessed, respec-
purposes of carrying out paragraph (1) of this son serving in an acting capacity and the tively, against the political appointee pursu-
subsection, by reason of absence, disability, date the service of such subsequent person ant to section 7326; and
or vacancy, the first assistant to the posi- began not later than 7 days after such date.’’; ‘‘(B) until on or after the date that is 90
tion of Inspector General is not available to and days after the date that the complaint re-
perform the functions and duties of the In- (B) in subsection (b), by striking ‘‘imme- garding the political appointee was pre-
spector General, an acting Inspector General diately’’ and inserting ‘‘not later than 14 sented to the President under section 1215(b),
shall be appointed by the President from days after the date of such determination’’. notwithstanding whether the President sub-
among individuals serving in an office of any (2) TECHNICAL CORRECTIONS.—Paragraphs mits a written statement pursuant to para-
Inspector General, provided that— (1) and (2) of subsection (b) of such section graph (4) of this subsection.
‘‘(A) during the 365-day period preceding 3349 of such title are amended to read as fol- ‘‘(4)(A) Not later than 90 days after receiv-
the date of death, resignation, or beginning lows: ing from the Special Counsel a complaint
of inability to serve of the applicable Inspec- ‘‘(1) the Committee on Homeland Security recommending disciplinary action under sec-
tor General, the individual served in a posi- and Governmental Affairs of the Senate; tion 1215(b) with respect to a political ap-
tion in an office of any Inspector General for ‘‘(2) the Committee on Oversight and Re- pointee for a violation of section 7323 or 7324,
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not less than 90 days; and form of the House of Representatives;’’. the President shall provide a written state-
‘‘(B) the rate of pay for the position of such (i) VACANCIES DURING PRESIDENTIAL INAU- ment to the Special Counsel on whether the
individual is equal to or greater than the GURAL TRANSITIONS.—Subsection (b) of sec- President imposed the recommended discipli-
minimum rate of pay payable for a position tion 3349a of title 5, United States Code, is nary action, imposed another form of dis-
at GS–15 of the General Schedule.’’. amended to read as follows: ciplinary action and the nature of that dis-
(2) APPLICATION.—The amendment made by ‘‘(b) Notwithstanding section 3346 (except ciplinary action, or took no disciplinary ac-
paragraph (1) shall apply to any vacancy as provided in paragraph (2) of this sub- tion against the political appointee.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7579
‘‘(B) Not later than 14 days after receiving TITLE XII—PRESIDENTIAL AND VICE (c) DISCLOSURE OF RETURNS OF PRESIDENTS
a written statement under subparagraph (A) PRESIDENTIAL TAX TRANSPARENCY AND VICE PRESIDENTS AND CERTAIN CAN-
of this paragraph— Sec. 1201. Presidential and Vice Presidential DIDATES FOR PRESIDENT AND VICE PRESI-
‘‘(i) the Special Counsel shall submit the tax transparency. DENT.—
written statement to the Committee on SEC. 1201. PRESIDENTIAL AND VICE PRESI- (1) IN GENERAL.—Section 6103(l) of the In-
Oversight and Reform of the House of Rep- DENTIAL TAX TRANSPARENCY. ternal Revenue Code of 1986 is amended by
resentatives and the Committee on Home- (a) DEFINITIONS.—In this section— adding at the end the following new para-
land Security and Governmental Affairs of (1) The term ‘‘covered candidate’’ means a graph:
the Senate; and candidate of a major party in a general elec- ‘‘(23) DISCLOSURE OF RETURN INFORMATION
‘‘(ii) publish the written statement on the tion for the office of President or Vice Presi- OF PRESIDENTS AND VICE PRESIDENTS AND CER-
public website of the Office of Special Coun- dent. TAIN CANDIDATES FOR PRESIDENT AND VICE
sel. (2) The term ‘‘major party’’ has the mean- PRESIDENT.—
‘‘(5) Not later than 14 days after the date ing given the term in section 9002 of the In- ‘‘(A) IN GENERAL.—Upon written request by
that the Special Counsel determines a polit- ternal Revenue Code of 1986. the chairman of the Federal Election Com-
ical appointee has violated section 7323 or (3) The term ‘‘income tax return’’ means, mission under section 1201(b)(2) of the Pro-
7324, the Special Counsel shall— with respect to an individual, any return (as tecting Our Democracy Act, not later than
‘‘(A) submit a report on the investigation such term is defined in section 6103(b)(1) of the date that is 15 days after the date of such
into such political appointee, and any com- the Internal Revenue Code of 1986, except request, the Secretary shall provide copies of
munications sent from the Special Counsel that such term shall not include declarations any return which is so requested to officers
to the President recommending discipline of of estimated tax) of— and employees of the Federal Election Com-
such political appointee, to the Committee (A) such individual, other than informa- mission whose official duties include disclo-
on Oversight and Reform of the House of tion returns issued to persons other than sure or redaction of such return under this
Representatives and the Committee on such individual; or paragraph.
Homeland Security and Governmental Af- (B) of any corporation, partnership, or ‘‘(B) DISCLOSURE TO THE PUBLIC.—
fairs of the Senate; and trust in which such individual holds, directly ‘‘(i) IN GENERAL.—The chairman of the Fed-
‘‘(B) publish the report and such commu- or indirectly, a significant interest as the eral Election Commission shall make pub-
nications on the public website of the Office sole or principal owner or the sole or prin- licly available any return which is provided
of Special Counsel. cipal beneficial owner (as such terms are de- under subparagraph (A).
‘‘(6) In this subsection, the term ‘political fined in regulations prescribed by the Sec- ‘‘(ii) REDACTION OF CERTAIN INFORMATION.—
appointee’ means any individual, other than retary of the Treasury or his delegate). Before making publicly available under
the President and the Vice-President, em- (4) The term ‘‘Secretary’’ means the Sec- clause (i) any return, the chairman of the
ployed or holding office— retary of the Treasury or the delegate of the Federal Election Commission shall redact
‘‘(A) in the Executive Office of the Presi- Secretary. such information as the Federal Election
dent, the Office of the Vice President, and (b) DISCLOSURE.— Commission and the Secretary jointly deter-
any other office of the White House, but not (1) IN GENERAL.— mine is necessary for protecting against
including any career employee; or (A) CANDIDATES FOR PRESIDENT AND VICE identity theft, such as social security num-
PRESIDENT.—Not later than the date that is
‘‘(B) in a confidential, policy-making, pol- bers.’’.
icy-determining, or policy-advocating posi- 15 days after the date on which an individual (2) CONFORMING AMENDMENTS.—Section
tion appointed by the President, by and with becomes a covered candidate, the individual 6103(p)(4) of such Code is amended—
the advice and consent of the Senate (other shall submit to the Federal Election Com-
(A) in the matter preceding subparagraph
than an individual in the Foreign Service of mission a copy of the individual’s income tax
(A) by striking ‘‘or (22)’’ and inserting ‘‘(22),
the United States).’’. returns for the 10 most recent taxable years
or (23)’’; and
(b) CLARIFICATION ON APPLICATION OF for which a return has been filed with the In-
(B) in subparagraph (F)(ii) by striking ‘‘or
HATCH ACT TO EOP AND OVP EMPLOYEES.— ternal Revenue Service.
(22)’’ and inserting ‘‘(22), or (23)’’.
Section 7322(1)(A) of title 5, United States (B) PRESIDENT AND VICE PRESIDENT.—With
(3) EFFECTIVE DATE.—The amendments
respect to an individual who is the President
Code, is amended by inserting after ‘‘Execu- made by this subsection shall apply to dis-
or Vice President, not later than the due
tive agency’’ the following: ‘‘, including the closures made on or after the date of enact-
date for the return of tax for each taxable
Executive Office of the President, the Office ment of this Act.
year, such individual shall submit to the
of the Vice President, and any other office of DIVISION C—DEFENDING ELECTIONS
Federal Election Commission a copy of the
the White House,’’. AGAINST FOREIGN INTERFERENCE;
individual’s income tax returns for the tax-
TITLE XI—PROMOTING EFFICIENT able year and for the 9 preceding taxable PROHIBITING CAMPAIGNS FROM PAY-
PRESIDENTIAL TRANSITIONS years. ING SPOUSE OF CANDIDATE
SEC. 1101. SHORT TITLE. (C) TRANSITION RULE FOR SITTING PRESI- TITLE XIII—REPORTING FOREIGN
This title may be cited as the ‘‘Efficient DENTS AND VICE PRESIDENTS.—Not later than INTERFERENCE IN ELECTIONS
Transition Act of 2021’’. the date that is 30 days after the date of en- SEC. 1301. FEDERAL CAMPAIGN REPORTING OF
SEC. 1102.
ASCERTAINMENT OF SUCCESSFUL actment of this section, an individual who is FOREIGN CONTACTS.
CANDIDATES IN GENERAL ELEC- the President or Vice President on such date (a) INITIAL NOTICE.—
TIONS FOR PURPOSES OF PRESI- of enactment shall submit to the Federal (1) IN GENERAL.—Section 304 of the Federal
DENTIAL TRANSITION. Election Commission a copy of the income Election Campaign Act of 1971 (52 U.S.C.
(a) IN GENERAL.—Section 3(c) of the Presi- tax returns for the 10 most recent taxable 30104) is amended by adding at the end the
dential Transition Act of 1963 (3 U.S.C. 102 years for which a return has been filed with following new subsection:
note) is amended— the Internal Revenue Service. ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN
(1) by striking ‘‘The terms’’ and inserting (2) FAILURE TO DISCLOSE.—If any require- CONTACTS.—
‘‘(1) The terms’’; and ment under paragraph (1) to submit an in- ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.—
(2) by adding at the end the following: come tax return is not met, the chairman of Not later than 1 week after a reportable for-
‘‘(2) The Administrator shall make the as- the Federal Election Commission shall sub- eign contact, each political committee shall
certainment under paragraph (1) as soon as mit to the Secretary a written request that notify the Federal Bureau of Investigation
practicable after the general elections. the Secretary provide the Federal Election and the Commission of the reportable foreign
‘‘(3) If the Administrator does not make Commission with the income tax return. contact and provide a summary of the cir-
such ascertainment within 5 days after such (3) PUBLICLY AVAILABLE.—The chairman of cumstances with respect to such reportable
elections, each eligible candidate for Presi- the Federal Election Commission shall make foreign contact. The Federal Bureau of In-
dent and Vice President shall be treated as if publicly available each income tax return vestigation, not later than 1 week after re-
they are the apparent successful candidate submitted under paragraph (1) in the same ceiving a notification from a political com-
for purposes of this Act until the Adminis- manner as a return provided under section mittee under this paragraph, shall submit to
trator makes the ascertainment or until the 6103(l)(23) of the Internal Revenue Code of the political committee, the Permanent Se-
House of Representatives and the Senate cer- 1986 (as added by this section). lect Committee on Intelligence of the House
tify the results of the elections, whichever (4) TREATMENT AS A REPORT UNDER THE FED- of Representatives, and the Select Com-
occurs first.’’. ERAL ELECTION CAMPAIGN ACT OF 1971.—For mittee on Intelligence of the Senate written
(b) REGULATIONS.—Not later than 270 days purposes of the Federal Election Campaign or electronic confirmation of receipt of the
after the date of enactment of this Act, the Act of 1971, any income tax return submitted notification.
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Administrator of General Services shall pro- under paragraph (1) or provided under sec- ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.—Not
mulgate regulations that establish standards tion 6103(l)(23) of the Internal Revenue Code later than 3 days after a reportable foreign
and procedures to be followed by the Admin- of 1986 (as added by this section) shall, after contact—
istrator in making any future determination redaction under paragraph (3) or subpara- ‘‘(A) each candidate and each immediate
regarding ascertainment under section 3(c) graph (B)(ii) of such section, be treated as a family member of a candidate shall notify
of the Presidential Transition Act of 1963, as report filed under the Federal Election Cam- the treasurer or other designated official of
amended by subsection (a). paign Act of 1971. the principal campaign committee of such
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H7580 CONGRESSIONAL RECORD — HOUSE December 9, 2021
candidate of the reportable foreign contact whole or in major part by a foreign principal ‘‘(i) the committee has in place policies
and provide a summary of the circumstances described in subclause (I); or that meet the requirements of paragraphs (1)
with respect to such reportable foreign con- ‘‘(III) any person included in the list of spe- and (2);
tact; and cially designated nationals and blocked per- ‘‘(ii) the committee has designated an offi-
‘‘(B) each official, employee, or agent of a sons maintained by the Office of Foreign As- cial to monitor compliance with such poli-
political committee shall notify the treas- sets Control of the Department of the Treas- cies; and
urer or other designated official of the com- ury pursuant to authorities relating to the ‘‘(iii) not later than 1 week after the begin-
mittee of the reportable foreign contact and imposition of sanctions relating to the con- ning of any formal or informal affiliation
provide a summary of the circumstances duct of a foreign principal described in sub- with the committee, all officials, employees,
with respect to such reportable foreign con- clause (I). and agents of such committee will—
tact. ‘‘(ii) CLARIFICATION REGARDING APPLICATION ‘‘(I) receive notice of such policies;
‘‘(3) REPORTABLE FOREIGN CONTACT.—In this TO CITIZENS OF THE UNITED STATES.—In the ‘‘(II) be informed of the prohibitions under
subsection: case of a citizen of the United States, sub- section 319; and
‘‘(A) IN GENERAL.—The term ‘reportable clause (II) of clause (i) applies only to the ex- ‘‘(III) sign a certification affirming their
foreign contact’ means any direct or indirect tent that the person involved acts within the understanding of such policies and prohibi-
contact or communication that— scope of that person’s status as the agent of tions.
‘‘(i) is between— a foreign principal described in subclause (I) ‘‘(B) AUTHORIZED COMMITTEES.—With re-
‘‘(I) a candidate, an immediate family of clause (i). spect to an authorized committee, the can-
‘‘(4) IMMEDIATE FAMILY MEMBER.—In this didate shall make the certification required
member of the candidate, a political com-
subsection, the term ‘immediate family under subparagraph (A).’’.
mittee, or any official, employee, or agent of
member’ means, with respect to a candidate, (b) EFFECTIVE DATE.—
such committee; and
a parent, parent-in-law, spouse, adult child, (1) IN GENERAL.—The amendment made by
‘‘(II) an individual that the person de-
or sibling.’’. subsection (a) shall apply with respect to po-
scribed in subclause (I) knows, has reason to
(2) EFFECTIVE DATE.—The amendment litical committees which file a statement of
know, or reasonably believes is a covered for-
made by paragraph (1) shall apply with re- organization under section 303(a) of the Fed-
eign national; and
spect to reportable foreign contacts which eral Election Campaign Act of 1971 (52 U.S.C.
‘‘(ii) the person described in clause (i)(I)
occur on or after the date of the enactment 30103(a)) on or after the date of the enact-
knows, has reason to know, or reasonably be-
of this Act. ment of this Act.
lieves involves— (b) INFORMATION INCLUDED ON REPORT.—
‘‘(I) an offer or other proposal for a con- (2) TRANSITION RULE FOR EXISTING COMMIT-
(1) IN GENERAL.—Section 304(b) of such Act TEES.—Not later than 30 days after the date
tribution, donation, expenditure, disburse- (52 U.S.C. 30104(b)) is amended—
ment, or solicitation described in section 319; of the enactment of this Act, each political
(A) by striking ‘‘and’’ at the end of para- committee under the Federal Election Cam-
or graph (7);
‘‘(II) coordination or collaboration with, an paign Act of 1971 shall file a certification
(B) by striking the period at the end of with the Federal Election Commission that
offer or provision of information or services paragraph (8) and inserting ‘‘; and’’; and
to or from, or persistent and repeated con- the committee is in compliance with the re-
(C) by adding at the end the following new quirements of section 302(j) of such Act (as
tact with, a covered foreign national in con- paragraph:
nection with an election. added by subsection (a)).
‘‘(9) for any reportable foreign contact (as SEC. 1303. CRIMINAL PENALTIES.
‘‘(B) EXCEPTIONS.— defined in subsection (j)(3))—
‘‘(i) CONTACTS IN OFFICIAL CAPACITY AS Section 309(d)(1) of the Federal Election
‘‘(A) the date, time, and location of the Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is
ELECTED OFFICIAL.—The term ‘reportable for-
contact; amended by adding at the end the following
eign contact’ shall not include any contact ‘‘(B) the date and time of when a des-
or communication with a covered foreign na- new subparagraphs:
ignated official of the committee was noti- ‘‘(E) Any person who knowingly and will-
tional by an elected official or an employee fied of the contact; fully commits a violation of subsection (j) or
of an elected official solely in an official ca- ‘‘(C) the identity of individuals involved; (b)(9) of section 304 or section 302(j) shall be
pacity as such an official or employee. and fined not more than $500,000, imprisoned not
‘‘(ii) CONTACTS FOR PURPOSES OF ENABLING ‘‘(D) a description of the contact, including more than 5 years, or both.
OBSERVATION OF ELECTIONS BY INTERNATIONAL
the nature of any contribution, donation, ex- ‘‘(F) Any person who knowingly and will-
OBSERVERS.—The term ‘reportable foreign
penditure, disbursement, or solicitation in- fully conceals or destroys any materials re-
contact’ shall not include any contact or volved and the nature of any activity de- lating to a reportable foreign contact (as de-
communication with a covered foreign na- scribed in subsection (j)(3)(A)(ii)(II) in- fined in section 304(j)) shall be fined not
tional by any person which is made for pur- volved.’’. more than $1,000,000, imprisoned not more
poses of enabling the observation of elec- (2) EFFECTIVE DATE.—The amendment than 5 years, or both.’’.
tions in the United States by a foreign na- made by paragraph (1) shall apply with re- SEC. 1304. REPORT TO CONGRESSIONAL INTEL-
tional or the observation of elections outside spect to reports filed on or after the expira- LIGENCE COMMITTEES.
of the United States by a candidate, political tion of the 60-day period which begins on the (a) IN GENERAL.—Not later than 1 year
committee, or any official, employee, or date of the enactment of this Act. after the date of enactment of this Act, and
agent of such committee. SEC. 1302. FEDERAL CAMPAIGN FOREIGN CON- annually thereafter, the Director of the Fed-
‘‘(iii) EXCEPTIONS NOT APPLICABLE IF CON- TACT REPORTING COMPLIANCE SYS- eral Bureau of Investigation shall submit to
TACTS OR COMMUNICATIONS INVOLVE PROHIB- TEM. the congressional intelligence committees a
ITED DISBURSEMENTS.—A contact or commu- (a) IN GENERAL.—Section 302 of the Federal report relating to notifications received by
nication by an elected official or an em- Election Campaign Act of 1971 (52 U.S.C. the Federal Bureau of Investigation under
ployee of an elected official shall not be con- 30102) is amended by adding at the end the section 304(j)(1) of the Federal Election Cam-
sidered to be made solely in an official ca- following new subsection: paign Act of 1971 (as added by section 1301(a)
pacity for purposes of clause (i), and a con- ‘‘(j) REPORTABLE FOREIGN CONTACTS COM- of this Act).
tact or communication shall not be consid- PLIANCE POLICY.— (b) ELEMENTS.—Each report under sub-
ered to be made for purposes of enabling the ‘‘(1) REPORTING.—Each political committee section (a) shall include, at a minimum, the
observation of elections for purposes of shall establish a policy that requires all offi- following with respect to notifications de-
clause (ii), if the contact or communication cials, employees, and agents of such com- scribed in subsection (a):
involves a contribution, donation, expendi- mittee to notify the treasurer or other ap- (1) The number of such notifications re-
ture, disbursement, or solicitation described propriate designated official of the com- ceived from political committees during the
in section 319. mittee of any reportable foreign contact (as year covered by the report.
‘‘(C) COVERED FOREIGN NATIONAL DEFINED.— defined in section 304(j)) not later than 3 (2) A description of protocols and proce-
‘‘(i) IN GENERAL.—In this paragraph, the days after such contact was made. dures developed by the Federal Bureau of In-
term ‘covered foreign national’ means— ‘‘(2) RETENTION AND PRESERVATION OF vestigation relating to receipt and mainte-
‘‘(I) a foreign principal (as defined in sec- RECORDS.—Each political committee shall es- nance of records relating to such notifica-
tion 1(b) of the Foreign Agents Registration tablish a policy that provides for the reten- tions.
Act of 1938 (22 U.S.C. 611(b)) that is a govern- tion and preservation of records and infor- (3) With respect to such notifications re-
ment of a foreign country or a foreign polit- mation related to reportable foreign con- ceived during the year covered by the report,
ical party; tacts (as so defined) for a period of not less a description of any subsequent actions
‘‘(II) any person who acts as an agent, rep- than 3 years. taken by the Director resulting from the re-
dlhill on DSK120RN23PROD with HOUSE
resentative, employee, or servant, or any ‘‘(3) CERTIFICATION.— ceipt of such notifications.
person who acts in any other capacity at the ‘‘(A) IN GENERAL.—Upon filing its state- (c) CONGRESSIONAL INTELLIGENCE COMMIT-
order, request, or under the direction or con- ment of organization under section 303(a), TEES DEFINED.—In this section, the term
trol, of a foreign principal described in sub- and with each report filed under section ‘‘congressional intelligence committees’’ has
clause (I) or of a person any of whose activi- 304(a), the treasurer of each political com- the meaning given that term in section 3 of
ties are directly or indirectly supervised, di- mittee (other than an authorized committee) the National Security Act of 1947 (50 U.S.C.
rected, controlled, financed, or subsidized in shall certify that— 3003).
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7581
SEC. 1305. RULE OF CONSTRUCTION. political party’ has the meaning given such TITLE XV—PROHIBITING CAMPAIGNS
Nothing in this title or the amendments term in section 1 of the Foreign Agents Reg- FROM PAYING SPOUSE OF CANDIDATE
made by this title shall be construed— istration Act of 1938, as Amended (22 U.S.C. SEC. 1501.
PROHIBITING USE OF CAMPAIGN
(1) to impede legitimate journalistic ac- FUNDS TO COMPENSATE SPOUSES
611).’’.
tivities; or OF CANDIDATES; DISCLOSURE OF
(2) EFFECTIVE DATE.—The amendment
(2) to impose any additional limitation on PAYMENTS MADE TO SPOUSES; DIS-
made by paragraph (1) shall apply with re- CLOSURE OF PAYMENTS TO
the right to express political views or to par-
spect to violations committed on or after the SPOUSES AND FAMILY MEMBERS.
ticipate in public discourse of any individual
who— date of the enactment of this Act. (a) PROHIBITION; DISCLOSURE.—Section 313
(A) resides in the United States; SEC. 1402. REQUIRING ACKNOWLEDGMENT OF of the Federal Election Campaign Act of 1971
(B) is not a citizen of the United States or FOREIGN MONEY BAN BY POLITICAL (52 U.S.C. 30114) is amended by adding at the
a national of the United States, as defined in COMMITTEES. end the following new subsection:
section 101(a)(22) of the Immigration and Na- ‘‘(d) PROHIBITING COMPENSATION OF
(a) PROVISION OF INFORMATION BY FEDERAL SPOUSES; DISCLOSURE OF PAYMENTS TO
tionality Act (8 U.S.C. 1101(a)(22)); and ELECTION COMMISSION.—Section 303 of the
(C) is not lawfully admitted for permanent SPOUSES AND FAMILY MEMBERS.—
Federal Election Campaign Act of 1971 (52 ‘‘(1) PROHIBITING COMPENSATION OF
residence, as defined by section 101(a)(20) of
U.S.C. 30103) is amended by adding at the end SPOUSES.—Notwithstanding any other provi-
the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)). the following new subsection: sion of this Act, no authorized committee of
‘‘(e) ACKNOWLEDGMENT OF FOREIGN MONEY a candidate or any other political committee
TITLE XIV—ELIMINATING FOREIGN
BAN.— established, maintained, or controlled by a
INTERFERENCE IN ELECTIONS
‘‘(1) NOTIFICATION BY COMMISSION.—Not candidate of an individual holding Federal
SEC. 1401. CLARIFICATION OF APPLICATION OF
FOREIGN MONEY BAN. later than 30 days after a political com- office (other than a political committee of a
(a) CLARIFICATION OF TREATMENT OF PROVI- mittee files its statement of organization political party) shall directly or indirectly
SION OF CERTAIN INFORMATION AS CONTRIBU- compensate the spouse of the candidate or
under subsection (a), and biennially there-
TION OR DONATION OF A THING OF VALUE.— individual (as the case may be) for services
after until the committee terminates, the
Section 319 of the Federal Election Cam- provided to or on behalf of the committee.
Commission shall provide the committee
paign Act of 1971 (52 U.S.C. 30121) is amended ‘‘(2) DISCLOSURE OF PAYMENTS TO SPOUSES
with a written explanation of section 319.
by adding at the end the following new sub- AND IMMEDIATE FAMILY MEMBERS.—In addi-
‘‘(2) ACKNOWLEDGMENT BY COMMITTEE.—
section: tion to any other information included in a
‘‘(A) IN GENERAL.—Not later than 30 days
‘‘(c) CLARIFICATION OF TREATMENT OF PRO- report submitted under section 304 by a com-
after receiving the written explanation of
VISION OF CERTAIN INFORMATION AS CONTRIBU- mittee described in paragraph (1), the com-
section 319 under paragraph (1), the com-
TION OR DONATION OF A THING OF VALUE.—For mittee shall include in the report a separate
mittee shall transmit to the Commission a
purposes of this section, a ‘contribution or statement of any payments, including direct
signed certification that the committee has or indirect compensation, made to the
donation of money or other thing of value’
received such written explanation and has spouse or any immediate family member of
includes the provision of opposition research,
polling, or other non-public information re- provided a copy of the explanation to all the candidate or individual involved during
lating to a candidate for election for a Fed- members, employees, contractors, and volun- the period covered by the report.
eral, State, or local office for the purpose of teers of the committee. ‘‘(3) IMMEDIATE FAMILY MEMBER DEFINED.—
influencing the election, regardless of wheth- ‘‘(B) PERSON RESPONSIBLE FOR SIGNATURE.— In this subsection, the term ‘immediate fam-
er such research, polling, or information has The certification required under subpara- ily member’ means the son, daughter, son-in-
monetary value, except that nothing in this graph (A) shall be signed— law, daughter-in-law, mother, father, broth-
subsection shall be construed to treat the ‘‘(i) in the case of an authorized committee er, sister, brother-in-law, sister-in-law, or
mere provision of an opinion about a can- of a candidate, by the candidate; or grandchild of the candidate of individual in-
didate as a thing of value for purposes of this ‘‘(ii) in the case of any other political com- volved.’’.
section.’’. mittee, by the treasurer of the committee.’’. (b) CONFORMING AMENDMENT.—Section
(b) CLARIFICATION OF APPLICATION OF FOR- (b) EFFECTIVE DATE; TRANSITION FOR EXIST- 313(a)(1) of such Act (52 U.S.C. 30114(a)(1)) is
EIGN MONEY BAN TO ALL CONTRIBUTIONS AND amended by striking ‘‘for otherwise’’ and in-
ING COMMITTEES.—
DONATIONS OF THINGS OF VALUE AND TO ALL (1) IN GENERAL.—The amendment made by serting ‘‘subject to subsection (d), for other-
SOLICITATIONS OF CONTRIBUTIONS AND DONA- wise’’.
subsection (a) shall apply with respect to po-
TIONS OF THINGS OF VALUE.—Section 319(a) of SEC. 1502. IMPOSITION OF PENALTY AGAINST
litical committees which file statements of
such Act (52 U.S.C. 30121(a)) is amended— CANDIDATE OR OFFICEHOLDER.
organization under section 303 of the Federal
(1) in paragraph (1)(A), by striking ‘‘prom- (a) IN GENERAL.—Section 309 of the Federal
Election Campaign Act of 1971 (52 U.S.C.
ise to make a contribution or donation’’ and Election Campaign Act of 1971 (52 U.S.C.
30103) on or after the date of the enactment
inserting ‘‘promise to make such a contribu- 30109) is amended by adding at the end the
of this Act.
tion or donation’’; following new subsection:
(2) TRANSITION FOR EXISTING COMMITTEES.— ‘‘(e) In the case of a violation of section
(2) in paragraph (1)(B), by striking ‘‘dona-
(A) NOTIFICATION BY FEDERAL ELECTION 313(d) committed by a committee described
tion’’ and inserting ‘‘donation of money or
COMMISSION.—Not later than 90 days after the
other thing of value, or to make an express in such section, if the candidate or indi-
or implied promise to make such a contribu- date of the enactment of this Act, the Fed- vidual involved knew of the violation, any
tion or donation,’’; and eral Election Commission shall provide each penalty imposed under this section shall be
(3) by amending paragraph (2) to read as political committee under such Act with the imposed on the candidate or individual and
follows: written explanation of section 319 of such not on the committee.’’.
‘‘(2) a person to solicit, accept, or receive Act, as required under section 303(e)(1) of (b) PROHIBITING REIMBURSEMENT BY COM-
(directly or indirectly) a contribution or do- such Act (as added by subsection (a)). MITTEE.—Section 313(d) of such Act (52 U.S.C.
nation described in subparagraph (A) or (B) (B) ACKNOWLEDGMENT BY COMMITTEE.—Not 30114(d)), as added by section 1501(a), is
of paragraph (1), or to solicit, accept, or re- later than 30 days after receiving the written amended—
ceive (directly or indirectly) an express or explanation under subparagraph (A), each (1) by redesignating paragraph (3) as para-
implied promise to make such a contribution political committee under such Act shall graph (4); and
or donation, from a foreign national.’’. transmit to the Federal Election Commis- (2) by inserting after paragraph (2) the fol-
(c) ENHANCED PENALTY FOR CERTAIN VIOLA- sion the signed certification, as required lowing new paragraph:
TIONS.— under section 303(e)(2) of such Act (as added ‘‘(3) PROHIBITING REIMBURSEMENT BY COM-
(1) IN GENERAL.—Section 309(d)(1) of such by subsection (a)). MITTEE OF PENALTY PAID BY CANDIDATE FOR
Act (52 U.S.C. 30109(d)(1)), as amended by sec- VIOLATIONS.—A committee described in para-
SEC. 1403. PROHIBITION ON CONTRIBUTIONS
tion 1303, is further amended by adding at AND DONATIONS BY FOREIGN NA- graph (1) may not make any payment to re-
the end the following new subparagraph: TIONALS IN CONNECTIONS WITH imburse the candidate or individual involved
‘‘(G)(i) Any person who knowingly and BALLOT INITIATIVES AND for any penalty imposed for a violation of
willfully commits a violation of section 319 REFERENDA. this subsection which is required to be paid
which involves a foreign national which is a by the candidate or individual under section
government of a foreign country or a foreign (a) IN GENERAL.—Section 319(a)(1)(A) of the
309(e).’’.
political party, or which involves a thing of Federal Election Campaign Act of 1971 (52
SEC. 1503. EFFECTIVE DATE.
value consisting of the provision of opposi- U.S.C. 30121(a)(1)(A)) is amended by striking
The amendments made by this title shall
tion research, polling, or other non-public in- ‘‘State, or local election’’ and inserting the apply with respect to compensation and pay-
formation relating to a candidate for elec- following: ‘‘State, or local election, includ- ments made on or after the date of enact-
dlhill on DSK120RN23PROD with HOUSE
tion for a Federal, State, or local office for ing a State or local ballot initiative or ref- ment of this Act.
the purpose of influencing the election, shall erendum’’. DIVISION D—SEVERABILITY
be fined under title 18, United States Code,
(b) EFFECTIVE DATE.—The amendment TITLE XV—SEVERABILITY
or imprisoned for not more than 5 years, or
both. made by this section shall apply with respect SEC. 1501. SEVERABILITY.
‘‘(ii) In clause (i), each of the terms ‘gov- to elections held in 2022 or any succeeding If any provision of this Act or any amend-
ernment of a foreign country’ and ‘foreign year. ment made by this Act, or the application of
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H7582 CONGRESSIONAL RECORD — HOUSE December 9, 2021
a provision of this Act or an amendment make clear that no Federal employee, For example, the legislation inter-
made by this Act to any person or cir- including the President or Vice Presi- feres with the President’s pardon
cumstance, is held to be unconstitutional, dent of the United States, may inter- power, a power completely vested with
the remainder of this Act, and the applica-
fere with or retaliate against a whistle- the President. But this bill gives Con-
tion of the provisions to any person or cir-
cumstance, shall not be affected by the hold- blower for sharing information with gress access to sensitive White House
ing. Congress. deliberations and communications
The Protecting Our Democracy Act about pardons. What legislative pur-
The SPEAKER pro tempore. The bill, would also protect the government
as amended, is debatable for one hour pose does that serve?
from political interference by strength- Congress has no authority to evalu-
equally divided and controlled by the ening the Hatch Act. ate the President’s pardon power. This
chair and ranking minority member of Just last month, the independent Of- bill also overrides the judicial branch
the Committee on Oversight and Re- fice of Special Counsel found that 13 by attaching partisan definitions to
form, or their respective designees. senior Trump administration officials, constitutional language that the Su-
The gentlewoman from New York including top White House aides and preme Court has already spoken to. It
(Mrs. CAROLYN B. MALONEY) and the Cabinet members, broke the law by would change the definition of an
gentleman from Kentucky (Mr. COMER) using their official government posi- emolument to fit failed Democrat legal
each will control 30 minutes. tion to campaign for President Trump. theories and indulge certain Members’
The Chair recognizes the gentle- This legislation would also limit who false conspiracy theories—Members
woman from New York. can be named an acting official and for like, I don’t know, Madam Speaker,
GENERAL LEAVE how long. I thank Representative ADAM SCHIFF.
Mrs. CAROLYN B. MALONEY of New KATIE PORTER for her leadership on Rewriting this technical constitu-
York. Madam Speaker, I ask unani- these reforms which are included in her tional term would keep any business-
mous consent that all Members may bill, the Accountability for Acting Offi- person who has conducted business out-
have 5 legislative days in which to re- cials Act. side the U.S. from running for Presi-
vise and extend their remarks and in- The reforms in this bill have broad
dent. That would mean no Hunter
clude extraneous materials on H.R. support from over 150 groups, including
Biden at the top of the ticket in 2024.
5314, the Protecting Our Democracy the Brennan Center For Justice and Democrats appear to think the skill
Act. the Project On Government Oversight. set for running a business would not be
The SPEAKER pro tempore. Is there My colleagues from across the aisle
helpful to the Federal Government.
objection to the request of the gentle- continue to claim that this bill is
Maybe that is why Democrats’ only so-
woman from New York? about punishing former President
lution to any problem is to throw
There was no objection. Trump, but this is simply not true.
While this bill addresses issues that American taxpayer dollars at it and
Mrs. CAROLYN B. MALONEY of New not to engage in serious government
York. Madam Speaker, I yield myself were highlighted by past abuses, it is
not about the past. It is about the fu- reform efforts.
such time as I may consume. Democrats only want career politi-
Madam Speaker, I rise today in ture of our democracy, and it will
cians—or even better, career bureau-
strong support of H.R. 5314, the Pro- strengthen our democracy.
Madam Speaker, I strongly urge all crats—to be able to serve as elected of-
tecting Our Democracy Act. This ficials. Similarly, Democrats are deter-
sweeping package of reforms would re- of my colleagues, both Democrats and
Republicans, to vote for the Protecting mined to make the Federal Govern-
store integrity, accountability, and ment run as inefficiently as possible by
transparency to our government. Our Democracy Act, and I reserve the
balance of my time. allowing incompetent or dishonest
The landmark reforms in this bill Federal employees to keep their jobs.
Mr. COMER. Madam Speaker, I yield
would protect against future abuses, no The so-called whistleblower protec-
myself such time as I may consume.
matter who is President. This includes Madam Speaker, the bill the major- tions in the bill are so expansive that if
preventing abuses of the President’s ity has titled the Protecting Our De- a Federal employee, even a bad or inef-
pardon power and requiring the Presi- mocracy Act does nothing to protect fective one, claims they are a whistle-
dent and Vice President to disclose anything but the swamp. blower, they are almost immune from
their tax returns. Right now, the American people are scrutiny.
This bill includes many provisions trying to prepare for the holidays with The Committee on Oversight and Re-
that have bipartisan support. For ex- the highest inflation rate in 30 years. form has great respect for whistle-
ample, the bill includes a provision They are struggling to keep their gas blowers. We need them to conduct true
based on a bill previously introduced tanks full, put food on the table, and oversight. They serve an essential role
by Representative DARRELL ISSA to heat their homes. They are worried in evaluating waste, fraud, and abuse
make it easier for Congress to enforce about rising crime in their commu- in the Federal Government. But some-
subpoenas. nities. They are concerned their chil- times Federal employees attempt to
The bill would strengthen protec- dren have suffered while their class- claim they are whistleblowers to shield
tions for inspectors general by only al- rooms were closed but the borders are themselves from scrutiny for poor per-
lowing an IG to be removed for specific wide open to illegal immigrants and formance. We should not make it im-
documented causes. This reform passed deadly drugs. possible to vet whistleblowers’ claims
the House with a bipartisan vote in Democrats are ignoring these real and their work.
June as part of a bill I introduced to issues facing Americans today. Instead, Further, the policy in the Democrats’
increase the independence of inspectors Democrats want to talk about former bill to entrench inspectors general is
general, and it passed the House with President Trump, even though a Demo- another policy that reduces the effi-
overwhelming bipartisan support in crat has occupied the White House for ciency of the Federal Government and
2007. nearly a year. This is not what the another example of the legislative
This bill also includes the bipartisan American people want for Christmas. branch intruding on the operations of
Whistleblower Protection Improve- The Democrats’ playbook is about as the executive branch.
ment Act, which I was proud to intro- predictable as a Hallmark Christmas Madam Speaker, it is Christmastime.
duce. These provisions would strength- special. We have all seen this movie. Instead of fixing the many problems
en protections for whistleblowers who The bill before us today is based on created by President Biden, like the
are retaliated against for reporting political fiction, and it is the latest at- supply chain, energy, border, and eco-
waste, fraud, and abuse. tempt to resurrect Democrats’ sham nomic crises, Democrats have decided
dlhill on DSK120RN23PROD with HOUSE
These reforms would provide whistle- investigations of the past. to take up a sham bill and deliver a
blowers the long overdue right to chal- This bill unconstitutionally disrupts lump of coal to the American people.
lenge retaliation in court. It would also the separation of powers among the Instead of spending time on Demo-
prohibit agencies from launching retal- branches of government by diminishing crats’ favorite obsession, President
iatory investigations and disclosing a the executive branch and ignoring the Trump, we should instead take on the
whistleblower’s identity; and it would judicial branch. issues facing Americans today.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7583
Madam Speaker, I reserve the bal- paign and to the House Permanent Se- the Department of Justice, telling
ance of my time. lect Committee on Intelligence, or them to prosecute people or make stuff
Mrs. CAROLYN B. MALONEY of New HPSCI, as we call it. up. Any President of any party
York. Madam Speaker, I yield 11⁄2 min- Sound familiar? The FBI would be re- shouldn’t be able to do that.
utes to the gentlewoman from Con- quired to work with HPSCI on counter- Then the President embargoed,
necticut (Ms. DELAURO), the distin- intelligence investigations into polit- stopped money that Congress, a Repub-
guished chair of the Committee on Ap- ical candidates. What could possibly go lican Congress, had sent for Ukraine.
propriations. wrong? Just stopped it. But apparently, on the
Ms. DELAURO. Madam Speaker, I This provision is designed to further other side of the aisle, they feel like
thank the gentlewoman for her leader- the Democrat-led FBI scheme against their job is to be handmaidens in case
ship, alongside Chairman SCHIFF, on Republican Presidential candidates, Trump comes back.
this very important legislation. just as they did with President Trump. They don’t want to put in the protec-
Madam Speaker, the previous admin- Here’s how it would work: First, if a tions now when Joe Biden is there, who
istration played fast and loose with the foreign government contacts a Repub- they carry on about as abusive all the
American people’s hard-earned tax dol- lican campaign, the Republican cam- time. Why not put in the protections
lars. And just as seriously, it exposed paign, in compliance with the proposed now? Because you want Donald Trump
dangerous faults in our democratic in- law, reports the contact to the FBI. to be able to come back and continue
stitutions that, if left unaddressed, will Then the FBI notifies HPSCI Demo- these sorts of abuses.
erode the American people’s trust in crats, and somehow the media miracu- Mr. COMER. Madam Speaker, I yield
our democracy. lously finds out about it and runs story 11⁄2 minutes to the gentleman from
That is why I am proud to be a co- after story about the Republican cam- Utah (Mr. STEWART).
sponsor of the Protecting Our Democ- Mr. STEWART. Madam Speaker,
paign colluding with the foreign gov-
racy Act, which restrains Presidents there is so much in this bill to be con-
ernment.
from abusing the public trust. cerned about.
b 1245 For the last 5 years, as a member of
Of particular importance to me as
The SPEAKER pro tempore. The the House Intelligence Committee, I
chair of the Appropriations Committee,
time of the gentleman has expired. lived through the Russian hoax, I lived
this bill will ensure that every Presi-
Mr. COMER. Madam Speaker, I yield through impeachment 1, I lived
dent, regardless of party, will be sub-
the gentleman an additional 30 sec- through impeachment 2, all of which
ject to the Congress’ constitutional
onds. are great examples of provisions in this
power of the purse. bill that harm our democracy. Let me
It will strengthen congressional con- Mr. CRAWFORD. Lather, rinse, re-
peat. I am not sure if anyone has told talk about just one of them.
trol and review over funding to ensure Tucked into this bill’s provisions are
that Federal dollars are being used as Chairman SCHIFF and House Democrats
elements which will rewrite the very
directed by the Congress. yet, but Donald Trump is, unfortu-
nature of our democracy, whittling
It will require the Office of Manage- nately, no longer President. Time to
down the meaning of government for
ment and Budget to publish how it ap- stop living in the past.
the people and by the people.
portions the appropriations provided The clear intent of this bill is to The President of the United States is
by the Congress to executive agencies. weaponize the Federal Government bu- elected by the people to run the execu-
Finally, the Protecting Our Democ- reaucracy against Republican can- tive branch. The President, by design,
racy Act will increase reporting to didates. If this legislation becomes law, is accountable to the people. But
Congress on the executive branch’s Madam Speaker, don’t be surprised if among the many failures in this bill
compliance with the Impoundment we see Russian hoaxes every 2 years. before us today are new sections which
Control Act and the Antideficiency Mrs. CAROLYN B. MALONEY of New would severely restrict the ability of
Act, two bedrock laws that were en- York. Madam Speaker, I yield 11⁄2 min- the President to remove senior govern-
acted to protect Congress’ appropria- utes to the gentleman from the great ment employees. This will have the ef-
tions power. State of Oregon (Mr. DEFAZIO), the dis- fect of empowering these senior offi-
The American people deserve a voice tinguished chair of the Committee on cials with the ability to paralyze a
in how their money is spent. Through Transportation and Infrastructure. President whose policies they may not
their duly elected Representatives in Mr. DEFAZIO. Madam Speaker, this agree with, which we saw again and
the Congress, the Protecting Our De- bill does not look back. again during the Russian hoax, during
mocracy Act gives the American peo- Yes, we saw the abuses of Donald impeachment 1, and during impeach-
ple that voice. Trump over using the 1976 National ment 2. This sets a dangerous prece-
Madam Speaker, I strongly urge sup- Emergency Act in ways that it had dent that will create a permanent bu-
port for this important piece of legisla- never ever been used before to move reaucratic resistance to the duly elect-
tion. money around to things because he ed President.
Mr. COMER. Madam Speaker, I yield couldn’t get it appropriated through a The danger of these provisions will
1 minute to the gentleman from Arkan- Republican Senate and a Republican also set in motion a precedent to
sas (Mr. CRAWFORD). House. He couldn’t get it done, so he weaponize the entire intelligence com-
Mr. CRAWFORD. Madam Speaker, I moved the money around. munity bureaucracy by allowing anon-
thank the gentleman for his leadership. Anybody who works in the House of ymous individuals to paralyze a Presi-
Madam Speaker, I rise today to op- Representatives or the Senate should dent without any accountability. If
pose this insane piece of legislation be insulted that you want to empower you don’t think it is going to happen, I
House Democrats are proposing. a President—what about if Joe Biden refer you back to the Russian inves-
This bill is yet another further at- starts doing that? Don’t you want to tigation hoax, to impeachment 1, and
tempt by the chairman of the House have these tools? Or any other future to impeachment 2. This guarantees
Permanent Select Committee on Intel- President of either party? more of this collusion.
ligence, ADAM SCHIFF, to retroactively This isn’t about Donald Trump. It is Madam Speaker, I urge my col-
attack President Trump, even after the about the Trump era, which exposed leagues to vote against this bill.
Democrats’ Russian collusion allega- things that need to be fixed, and this Mrs. CAROLYN B. MALONEY of New
tions have been repeatedly debunked. law does that. York. Madam Speaker, I yield 11⁄2 min-
I want to specifically bring attention Subpoena power—our subpoenas utes to the gentlewoman from the
to Title XIII of this ridiculous bill. should be enforceable, whether they great State of California (Ms. LOF-
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This provision requires employees, offi- are from a Democratic Congress or a GREN), the distinguished chairwoman of
cials, and agents of a Presidential cam- Republican Congress. They are not. the Committee on House Administra-
paign to report foreign national con- The Department of Justice needs to tion.
tact and/or contributions to the FEC have a firewall between the White Ms. LOFGREN. Madam Speaker, I
and to the FBI. The FBI is then re- House and the Department of Justice. want to highlight an important ele-
quired to provide notice to the cam- You can’t have the President calling up ment of reform that came out of work
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H7584 CONGRESSIONAL RECORD — HOUSE December 9, 2021
a while ago from the House Adminis- as well as the leadership of Speaker Mr. Danchenko based his information
tration Committee. PELOSI. on tales from Chuck Dolan, a public re-
Most Americans believe that if a for- Our system was founded upon a re- lations executive who worked for the
eign adversary reaches out to interfere spect for the rule of law and a carefully Hillary Clinton campaign in the past.
in our elections, the campaign ought to constructed balance of power among The whole scheme was a vicious circle
report that to law enforcement. In- the three branches. That system has, that began and ended with the Clinton
stead, as we saw in the previous admin- throughout history, been tested. Just campaign.
istration, campaign officials welcomed as, after Watergate, Congress worked We cannot have a bill that works to
and, in some cases, even solicited for- to pass reforms like campaign finance prevent overreach by one branch of
eign assistance for political activities. laws and new ethics rules, so we must government. I urge my colleagues to
This bill creates a duty to report illicit now examine the cracks in the demo- oppose the bill.
offers of campaign assistance from for- cratic foundation and address them. Mrs. CAROLYN B. MALONEY of New
eign governments to law enforcement. That is precisely what this bill does. York. Madam Speaker, I yield 11⁄2 min-
It also clarifies what is a thing of It will prevent Presidential abuses of utes to the gentleman from the great
value. It includes information sought power, ensure the independence of our Commonwealth of Kentucky (Mr. YAR-
or obtained for political advantage, justice system, and reinforce the sys- MUTH), the distinguished chairman of
like opposition research. tem of checks and balances. the Committee on the Budget.
It ensures that individuals engaging Specifically, among other things, it Mr. YARMUTH. Madam Speaker, de-
in misconduct with foreign actors to would prevent corruption or misuse of mocracy is not static. It is not self-ef-
influence our elections would be held the pardon power. It would ensure that fectuating. It requires a concerted ef-
accountable. It also ensures that for- Congress may exercise its constitu- fort to keep and a willingness to stand
eign money cannot influence our poli- tionally mandated oversight respon- up against those who would seek to un-
tics through State and local ballot ini- sibilities and enforce subpoenas in a dermine it.
tiatives and referenda, closing a loop- timely manner. It protects whistle- The bill before us reaffirms our com-
hole that recently was created by the blowers and expands the independence mitment to democracy, transparency,
FEC. of inspectors general. It reestablishes accountability, and a strong system of
Now, it is astounding to hear criti- Congress’ power of the purse. checks and balances.
cism of the idea that the FBI should be This bill has garnered support from Our Founders knew that the power of
notified when a foreign adversary is groups across the political spectrum the purse would be fundamental to the
trying to corrupt our elections. We all because it is not about politics; it is separation of powers and to our demo-
know that that should happen. about the survival of our democratic cratic government itself, and they ex-
To distrust our law enforcement system of government. Many of the re- plicitly gave that power to Congress,
agencies when it comes to protecting forms included in this package are the branch most responsive to the will
our country from this kind of attack— sponsored and supported by Repub- of the people.
which is what it is—from a foreign ad- licans as well as Democrats. However, over the past few decades,
versary is shocking. Support this bill. I urge all of my colleagues in Con- the executive branch has encroached
Mr. COMER. Madam Speaker, I yield gress to support the Protecting Our De- on our constitutional spending author-
1 minute to the gentlewoman from Illi- mocracy Act. The day that we were ity, and dangerous precedents have
nois (Mrs. MILLER). sworn into office, we made a sacred been set. Presidents and agencies of
Mrs. MILLER of Illinois. Madam pledge of allegiance and loyalty to the both parties have pushed the bound-
Speaker, I rise today in opposition to United States. This bill places our oath aries, seeking more control of spending
H.R. 5314. to democracy and the Constitution powers. The previous administration’s
Bringing H.R. 5314 to the House floor above party politics. This is a moment disregard for the rule of law and con-
this week shows that the Democrats’ and a vote when we have the oppor- tempt for institutional norms made
priority is partisan politics, not poli- tunity to fulfill that oath. even more clear the need for laws that
cies that will directly benefit the Mr. COMER. Madam Speaker, I was can withstand a lawless executive.
American people. hoping the chairman of the Intel- The commonsense reforms in this
If Democrats were serious about bi- ligence Committee was going to landmark legislation will restore Con-
partisan reforms, they wouldn’t be present the evidence of Russian collu- gress’ central role in funding decisions,
pushing a bill like H.R. 5314. This bill is sion during his time, but apparently increase executive transparency, and
nothing but a continuation of the not. add teeth to our budget laws. None of
Democrats’ obsession with President I yield 1 minute to the gentleman these provisions or the many others in
Trump. He lives rent free in their from Wisconsin (Mr. FITZGERALD). this legislation is partisan. After all,
heads. Mr. FITZGERALD. Madam Speaker, this bill was introduced during the
This bill incorporates several unnec- I rise today in opposition to H.R. 5314. Trump administration, and it is being
essary ‘‘reforms’’ that are nothing but The bill is simply another political at- advanced during the Biden administra-
an attempt to validate House Demo- tack by the Democrats on President tion. It is solely about shoring up the
crats’ baseless investigation of the Trump. It also destroys the separation separation of powers and maintaining
Trump administration. of powers between the President and the rule of law.
It is a huge red flag that H.R. 5314 Congress. Therefore, I encourage my colleagues
was referred to nine committees and I introduced an amendment to the on both sides to uphold our sworn duty
not one Democrat-led committee has bill to require Congress to be notified to defend the Constitution and vote
held a hearing or a markup on the leg- when the AG terminates a special ‘‘yes’’ on the Protecting Our Democ-
islation. This legislation is being counsel, but unfortunately, the Rules racy Act.
pushed through without proper order, Committee failed to adopt it. Mr. COMER. Madam Speaker, I yield
and I oppose it. My colleagues on the other side of 1 minute to the gentleman from Cali-
Mrs. CAROLYN B. MALONEY of New the aisle spent the last several years fornia (Mr. MCCLINTOCK).
York. Madam Speaker, I yield 2 min- peddling bogus allegations that Presi- Mr. MCCLINTOCK. Madam Speaker,
utes to the gentleman from the great dent Trump colluded with Russia. Now setting aside the Democrats’ neurotic
State of California (Mr. SCHIFF), the the Durham investigation has proved obsession with all things Donald
distinguished chair of the Permanent these allegations were a sham that Trump, this measure has many provi-
Select Committee on Intelligence. wasted years of time and resources, sions that would receive bipartisan
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Mr. SCHIFF. Madam Speaker, I rise and now we know the Clinton cam- support if the bill’s author were so in-
in support of the Protecting Our De- paign paid Fusion GPS to draft the clined.
mocracy Act. I am very proud to spon- dossier as opposition research. But when we speak of protecting de-
sor this legislation, and I am grateful Fusion GPS relied on information mocracy, we need to remember what
for the partnership of many chairs and from Igor Danchenko, a Russian who democracy is. It is the process by
Members who contributed to the effort, worked at the Brookings Institution. which the sovereign people, through
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7585
elections, decide who will control and Madam Speaker, when the Nation’s other State, died, or are noncitizens, it
direct the powers that we entrust to Founders wrote the Constitution, after frustrates them because it calls into
our government. having just fought a war against a ty- question whether their valid vote actu-
‘‘The executive power shall be vested rant, they stood fast to a key principle, ally counts. One eligible person, one
in a President of the United States of that the executive must not be a king whole non-diluted vote.
America.’’ If the executive branch be- and must instead be accountable to It is so frustrating because the fix is
gins to operate independently of the Congress, to the people, and ulti- so simple, but Democrats refuse time
President, the will of the people is mately, to the rule of law. It is vital and time again to address this problem.
thwarted and democracy is diminished. that we reassert this important prin- It is common sense and has been Fed-
For example, the Tenure of Office ciple. eral law for decades that only eligible
Act limited the President’s authority The Protecting Our Democracy Act Americans should be on our voter rolls.
to remove Cabinet officers, a dangerous would restore these and other checks Republicans want every eligible
concept ultimately repealed by the and balances that are so fundamental voter who wants to vote to exercise
Congress and repudiated by the Su- to our democracy. that right. Democrats dilute your vote,
preme Court. Provisions in this bill, I urge all Members to support this but Republicans restore it.
such as those that interfere with Presi- vital legislation. I am here today to talk about pro-
dential appointments, cross that very Mr. COMER. Madam Speaker, I yield tecting our democracy, and I think the
bright constitutional line. 4 minutes to the gentleman from Illi- only way to do that is to make sure
nois (Mr. RODNEY DAVIS), the ranking Americans know our elections have in-
b 1300 tegrity.
member of the House Administration
Mrs. CAROLYN B. MALONEY of New Committee. So today, I am calling on the radical
York. Madam Speaker, I yield 2 min- Mr. RODNEY DAVIS of Illinois. Biden Justice Department to do the
utes to the gentleman from New York Madam Speaker, I thank my good right thing and enforce Federal law
(Mr. NADLER), the distinguished chair- friend, the gentleman from Kentucky, across the board. Stop investigating
man of the Committee on the Judici- for yielding. The bill we are debating parents that want to be involved in
ary. here today, the so-called Protecting their children’s education. Stop sup-
Mr. NADLER. Madam Speaker, I rise Our Democracy Act, is another at- porting efforts to defund our men and
in strong support of the Protecting Our tempt by the outgoing majority to re- women in blue resulting in the lawless-
Democracy Act. litigate many of the Democrats’ sham ness that we see ravaging our great
Transparency and accountability are investigations. Many of the bill’s provi- country.
the bedrock of our democratic system. sions are unnecessary and recycled at- Focus on what really matters. Pro-
They are the essential guardrails that tempts to take away individual States’ tect our democracy, protect our vote,
protect against unchecked executive sovereignty. If we were really here to and ensure States like California con-
power. Unfortunately, the Trump ad- talk about protecting our democracy, duct voter roll list maintenance so
ministration exposed certain vulnera- then we would focus on the importance that voters know only eligible Amer-
bilities in the fabric of our democracy of voter rolls list maintenance to en- ican citizens are able to vote.
by engaging in conduct that was once Madam Speaker, I include in the
sure only eligible citizens are able to
unthinkable, and like the reforms en- RECORD a report from the Department
vote in Federal elections.
acted post-Watergate, we must now act Congress passed the bipartisan Na- of Justice IG detailing the DOJ’s offi-
to prevent similar abuses from a future tional Voter Registration Act in 1993. cial policy not to enforce Federal voter
President. That is almost 30 years ago. This law list maintenance requirements.
Although many of these provisions [From the U.S. Department of Justice, Office
requires States to conduct regular list
were informed by our experience with of the Inspector General, March 2013]
maintenance to ensure their voter rolls
the prior administration, they are A REVIEW OF THE OPERATIONS OF THE VOTING
are kept up to date. This simple, com- SECTION OF THE CIVIL RIGHTS DIVISION
pointedly not anti-Trump measures. monsense requirement is incredibly V. ENFORCEMENT OF THE NATIONAL VOTER
Rather, they are forward looking, and important for voter confidence in our REGISTRATION ACT (NVRA)
they protect against the abuses by fu- entire election process and its out- In this section we review the Voting Sec-
ture Presidents of any party. Impor- comes. tion’s history of enforcing the National
tantly, many of them are also based on However, the Biden DOJ refuses to Voter Registration Act, the so-called motor-
proposals that have bipartisan support. enforce it. Instead, Progressives focus voter law. Enacted in 1993, the NVRA has.
I am especially proud of the provi- on defunding the police and embracing two primary purposes: to increase the num-
sions in this bill that fall within the lawlessness, keeping our economy and ber of eligible citizens who register to vote
Judiciary Committee’s jurisdiction. Capitol shut down while ignoring the in federal elections and to protect the integ-
These include requiring an expedited, rity of the electoral process. 42 U.S.C.
science, labeling concerned parents as
1973gg(b). Critics have alleged that CRT lead-
streamlined process for enforcing Con- extremist threats, and weaponizing the ership during the prior administration fa-
gressional subpoenas in court. This DOJ to go after them, and pursuing vored enforcement of the list-maintenance
would prevent an administration from reckless, unnecessary spending that is (electoral integrity) provisions because those
stonewalling Congressional oversight driving the inflation every single provisions purportedly are more strongly
and then evading accountability for American feels in their pocketbook. supported by Republicans and remove more
years while the courts resolve the If Democrats were really focused on potential Democratic voters from the rolls.
issue. protecting our democracy, the Biden Conversely, critics of the current CRT lead-
To address abuses of the clemency Justice Department would investigate ership allege that it has neglected the elec-
toral integrity provisions of the NVRA in
power, the bill requires additional States like California where the num- favor of enforcing the voter access provi-
transparency, and it reaffirms that ber of registered voters far exceeds the sions, because these provisions purportedly
abuses of the clemency power can form number of adults in the State. Senator are supported by Democratic constituencies
the basis of a bribery scheme and that ALEX PADILLA, a newly appointed Sen- and lead to the registration of more voters
self-pardons are prohibited. ator from the State of California, knew who are likely to support Democrats. With-
It pauses the statute of limitations about the problem and refused to ad- out opining on the underlying political as-
on Federal offenses during a President dress it when he was Secretary of State sumptions, we examine both of these allega-
and Vice President’s term in office to in California during the last election tions in this section.
ensure that they can be held account- A. DATA REGARDING ENFORCEMENT TRENDS IN
cycle.
NVRA CASES
able for criminal conduct just like any Republicans care about election in-
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other American. tegrity because our constitutional re- Figure 3. 7 below displays the number of
NVRA enforcement actions initiated by the
And it addresses improper commu- public means nothing if our citizens Voting Section on an annual basis since Jan-
nications between the White House and don’t have faith in our elections. uary 1995, when the statute became effective
the Department of Justice, an all too When everyday Americans hear more in most states. Figure 3. 7 is broken down by
common occurrence under the last ad- and more reports of individuals on ac- actions that enforced the statute’s list-main-
ministration. tive voter rolls who have moved to an- tenance provision (Section 8(a)(4)), actions
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H7586 CONGRESSIONAL RECORD — HOUSE December 9, 2021
that enforced the voter registration provi- and that the Section proceeded toward en- ers than either the voting-age population or
sions (Sections 5, 6, 7, and the improper purg- forcement actions against those non-compli- the citizen voting-age population. The
ing paragraphs of Section 8), and actions ant states. memorandum stated that the Section had
that brought both types of claims. Division leadership approved the filing of been alerted to State E’s potential list-main-
The most noteworthy trend in the Depart- two complaints as a result of this enforce- tenance failures in connection with an unre-
ment’s enforcement of the NVRA relates to ment initiative. In November 2005, the Sec- lated Section 5 investigation. We were told
the statute’s voter list-maintenance provi- tion filed a lawsuit against the state of Mis- that the Section never received a response
sion, Section 8(a)(4). In the 17 years since the souri alleging both improper purging and from Division leadership to the proposal
statute became effective, the Department failure-to-purge violations. In June 2006, the memorandum.
has asserted list-maintenance claims on 7 oc- Section filed a complaint against Indiana al- 2. Drafting of NVRA Guidance
casions, 6 of which occurred in a 3-year span leging that the state failed to conduct list In the spring of 2009, a few months after
between 2004 and 2007. According to Hans von purging as required by Section 8(a)(4). The the inauguration of the new administration,
Spakovsky, CRT leadership initiated an ef- Indiana case was resolved by a settlement the Department commenced an effort to
fort to enforce Section 8’s list-maintenance agreement, but the Missouri case continued draft public guidance concerning the require-
provision in late 2004. Von Spakovsky told until early 2009, when the Division volun- ments of NVRA Section 7. Samuel Hirsch,
the OIG that he recommended to Division tarily dismissed the case. who joined the Department in March 2009 as
leadership exploring those cases because he In 2006 and 2007, Division leadership ap- a Deputy Associate Attorney General and led
believed that the Department had never con- proved three additional complaints con- the NVRA guidance effort, described the
ducted a systematic review of states’ list- taining Section 8(a)(4) list-maintenance project as rewriting the NVRA in plain
maintenance compliance in the 10 years claims, against the States of Maine and New terms and posting it on the CRT website to
since the NVRA became effective. This effort Jersey and the City of Philadelphia. Accord- assist those running state governmental of-
ultimately resulted in the filing of a com- ing to the Voting Section attorney super- fices in complying with the NVRA’s require-
plaint alleging list-maintenance claims in vising those efforts, these complaints did not ments. Hirsch told the OIG the original
2005 and 2006. According to witnesses in- arise out of the enforcement initiative de- scope of the NVRA guidance project was lim-
volved in the four other matters involving scribed above. Instead, the complaints were ited to Section 7 because the administration
list-maintenance claims brought between brought as a result of investigations under believed that Section 7 had been somewhat
2004 and 2007, those claims arose when the the Help America Vote Act (HAVA) that un- ignored by state government officials. Ac-
Section obtained evidence suggesting a fail- covered evidence of both HAVA and NVRA cording to Hirsch, there was a sense in the
ure to comply with the list-maintenance pro- violations. The Section ultimately settled administration that NVRA Section 8 and
vision during the course of ongoing inves- the lawsuits with Maine, New Jersey, and other provisions were working fairly well,
tigations into other voting-related matters. Philadelphia. In each settlement agreement, but that Section 7 ‘‘was slipping through the
B. ENFORCEMENT OF THE NVRA DURING 2001–2008 the jurisdiction agreed to implement specific cracks.’’
steps to satisfy its list-maintenance obliga- DAAG Julie Fernandes and AAG Thomas
We received allegations that the only Perez became involved in the NVRA guid-
tions.
NVRA cases that Division leadership wanted In August 2007, Voting Section Chief John ance project after they joined the Depart-
to pursue during this period were Section Tanner initiated a program to enforce Sec- ment in July and October 2009, respectively.
8(a)(4) list-maintenance claims, at the ex- tion 7 of the NVRA, requiring states to pro- According to Fernandes, she expressed con-
pense of cases to protect or increase voter vide voter registration opportunities in pub- cern to Hirsch that the project was limited
registration under other provisions of the lic assistance and disability offices. Section to Section 7 and proposed broadening the
NVRA. Critics further alleged that the Divi- attorneys reviewed federal Election Assist- guidance to include other NVRA provisions,
sion’s leadership was particularly focused on ance Commission (EAC) data to identify such as Sections 5 and 8. Perez also told the
bringing such list-purging cases in political states that were not meeting Section 7’s re- OIG that in early 2010 he instructed that the
swing states and large Democratic jurisdic- quirements and discovered 18 states that re- guidance include a discussion of all NVRA
tions. The Division’s leadership denied any ported registering 0 voters in offices pro- provisions, including the list-maintenance
such focus and identified several cases ap- viding public assistance over the previous 2- provisions. Hirsch told the OIG that he did
proved by Division leadership to controvert year period. Following further investigation, not oppose expanding the guidance to in-
the suggestion that NVRA enforcement deci- the Section entered into settlement agree- clude Section 8, but stated that he may have
sions were driven by a partisan agenda. We ments with Arizona and Illinois to resolve been opposed to holding up the release of the
examined the entire range of NVRA cases Section 7 violations. Section 7 guidance while preparing the Sec-
pursued during January 2001 to January 2009 In 2007 and 2008, Voting Section teams re- tion 8 segment. The Division ultimately
in order to address this issue. viewed EAC data and census information to posted guidance concerning NVRA Sections
From January 2001 through January 2009, identify states that might not be in compli- 5, 6, 7, and 8 on its website in June 2010.
the Department was involved in 12 NVRA en- ance with the NVRA’sSection 8(a)(4) list- 3. Comments by DAAG Julie Fernandes Re-
forcement matters, summarized in Table 3.2. maintenance requirements. The teams iden- garding NVRA Enforcement at a Novem-
As reflected in Table 3.2, the Voting Sec- tified states in which a significant percent- ber 2009 Section Meeting
tion began filing list-maintenance cases in age of the counties or electoral jurisdictions DAAG Julie Fernandes told the OIG that
2004. As noted above, von Spakovsky con- had more registered voters than voting-age she urged Voting Section Chief Christopher
firmed that Division leadership initiated an population. The teams recommended to Divi- Coates to hold section-wide meetings shortly
effort in 2004 to enforce Section 8’s list-main- sion leadership that the Voting Section ini- after she joined the Department in July 2009.
tenance provision on a systemic basis. Von tiate investigations into the states that As a result, the Voting Section held several
Spakovsky told the OIG that he rec- failed to meet the relevant criterion. The brown-bag lunches. In addition to the Sep-
ommended exploring those cases because he states that were the subject of these rec- tember meeting at which Section 2 enforce-
believed the Department had never con- ommendations included some states that his- ment was discussed as outlined above, an-
ducted a systematic review of states’ list- torically have consistently favored one party other session devoted to NVRA matters was
maintenance compliance in the 10 years in presidential elections as well as political held on November 10, 2009.
since the NVRA’s enactment. ‘‘swing states.’’ The 2007 recommendation At some point during the November meet-
Division leadership directed the Voting was approved and the Section later issued re- ing, the discussion turned to the enforce-
Section to conduct the research effort, to re- quests for information to the relevant states. ment of the NVRA’s voter list-maintenance
view the census data and voter registration Ultimately, however, no further enforcement provision in Section 8. Witnesses who re-
data for all 50 states to determine which action was taken arising out of this effort. called Fernandes’s statements uniformly re-
states had more people registered to vote The investigations that were proposed in membered that she said something to the ef-
than the voting-age population, as reflected late November 2008 were never approved by fect that she was more interested in pur-
in the census data. Based on the results of either the outgoing or the incoming adminis- suing cases under NVRA Section 7 than Sec-
this research, the Section sent letters to 12 trations. tion 8 because Section 8 does not expand
states, stating that the Section’s review of voter access. Witnesses’ recollections of the
C. ENFORCEMENT OF THE NVRA DURING 2009–2012
relevant data indicated that the state may context of Fernandes’s statements, her pre-
not be complying with Section 8’s list-main- 1. Division Leadership Declines To Act on cise wording, and the meaning of her com-
tenance provision and requesting informa- Voting Section Proposal for Section 8 In- ments, however, varied widely.
tion on their efforts to remove ineligible vot- vestigation Thirteen witnesses told the OIG that
ers from their registration lists. In February 2009, shortly after the new ad- Fernandes stated that she ‘‘did not care
Von Spakovsky told the OIG that some of ministration took office, the Voting Section about’’ or ‘‘was not interested’’ in pursuing
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the targeted states responded to the Depart- submitted a memorandum to Division lead- Section 8 cases, or similar formulations. For
ment’s letter, explained why there was a dis- ership requesting approval to initiate inves- instance, Chris Herren, who was later pro-
crepancy in the data, and established that tigations into the list-maintenance proce- moted by current Division leadership to Sec-
they were complying with the NVRA’s list- dures of a State (‘‘State E’’). According to tion Chief, told the OIG that Fernandes
maintenance requirements. He also stated the State E memorandum, voter-registration made a controversial and ‘‘very provocative’’
that a number of states failed to show that data indicated that roughly 22 percent of statement at this brown bag lunch. In par-
they were in compliance with Section 8(a)(4) State E’s counties had more registered vot- ticular, Herren stated that Fernandes stated
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7587
something to the effect of ‘‘[Section 8] does Fernandes and other Division leadership per- Section 7 as a higher priority than Section 8.
nothing to help voters. We have no interest sonnel assisted other Department officials in She told the OIG that she believed she had to
in that.’’ Herren told the OIG that he winced preparing talking points to address the alle- ‘‘scratch the Section 7 itch before turning to
when he heard Fernandes’s response because gations and Fernandes stated in one of the Section 8 matters and that her supervisors
he believed it would raise a controversy. Two relevant e-mails: ‘‘If we are o.k. with having would have criticized her if she had approved
other Section attorneys took handwritten priorities, we should say that we have a pri- Section 8 efforts first. She also noted that
notes at the meeting, both of which quoted ority on the enforcement of the NVRA, with there was significant criticism of the Depart-
Fernandes saying that she did not ‘‘care’’ a focus on the parts of the statute that re- ment from civil rights groups that their Sec-
about Section 8. quire states to provide voter registration op- tion 7 enforcement efforts had been inad-
Ten attorneys who attended the meeting portunities in a variety of settings.’’ equate, saying they had gotten—and contin-
told the OIG that they interpreted 4. Approval of List-Maintenance Investiga- ued to get—‘‘beat up all the time by [their]
Fernandes’s comments to be a clear directive tions lefty friends not doing enough on Section 7.’’
that Division leadership would not approve
Section 8 list-maintenance cases in the fu- In September 2009, the Section submitted a Mr. RODNEY DAVIS of Illinois. This
ture. One Section attorney told the OIG that memorandum to DAAG Fernandes request- is a report from the DOJ’s IG. It takes
he understood Fernandes’s statements to ing authority to initiate formal investiga- this many pages to tell the American
mean that proposing a Section 8 case would tions into the list-maintenance procedures of voter that they are not going to en-
be futile and that he believed proposing Sec- eight states. The recommendation was based force Federal law in ensuring that
tion 8 could be detrimental for the attor- on the Section’s review of an EAC report
States actually provide and exercise
neys. that contained voting-related data from each
of the 50 states covering the period from No- the required voter list maintenance.
Seven Voting Section attorneys told the
vember 2006 to November 2008. A Deputy Sec- This is an affront to election integrity
OIG, however, that they did not believe
Fernandes said that the Division would not tion Chief supervised a team of Section at- in our great country, and it needs to
enforce Section 8 of the NVRA. Among these torneys that reviewed the EAC report for end today.
were three Deputy Chiefs who told the OIG anomalous entries, particularly states that Let’s protect our democracy, and
that they believed Fernandes meant that reported that throughout the 2–year period let’s work together to make that hap-
Section 7 cases would be prioritized over they did not remove any voters from their pen.
Section 8 matters, but that they did not con- rolls due to death or that they had not issued Mr. COMER. Madam Speaker, may I
strue her statement to mean that Section 8 any voter-removal notices related to citizens inquire how much time I have remain-
cases would not be approved. Those attor- who were believed to have moved out of the
state. The team identified eight states that
ing?
neys who were generally identified as being The SPEAKER pro tempore (Ms.
more conservative tended to recall that met one of those criteria, four of which re-
ported removing zero ineligible voters from CLARK of Massachusetts). The gen-
Fernandes took the more extreme position,
while those generally identified as being their rolls over the 2–year period for any rea- tleman from Kentucky has 153⁄4 min-
more liberal tended to recall her statements son, including death, change of address, dis- utes remaining.
as being more limited. qualifying criminal conviction, or mental in- Mr. COMER. Madam Speaker, I re-
Fernandes told the OIG that she did not re- capacity. serve the balance of my time.
call exactly what she said at the November The team presented the relevant data in Mrs. CAROLYN B. MALONEY of New
brown bag lunch regarding enforcement of its memorandum to DAAG Fernandes and York. Madam Speaker, I yield myself
Section 8 of the NVRA. She said that she and stated that the information suggested that such time as I may consume.
the Section staff discussed the NVRA and the eight states in question were not ful-
I include in the RECORD a letter of
what their approach, goals, and strategy filling their list-maintenance obligations
under Section 8. As a result, the team rec- support for the Protecting Our Democ-
should be. She said that she talked about
ommended initiating formal investigations racy Act listing over 150 organizations
how Division leadership is interested in cre-
ating equal opportunity for minority voters. of the states in question and directing in- supporting this important legislation.
Fernandes further told the OIG that she quiries to relevant state officials. We have widespread support across this
talked about wanting the Section to focus on Fernandes told the OIG that, after receiv- Nation.
voter access, which would involve NVRA ing the proposal for the Section 8 investiga- OCTOBER 6, 2021.
Sections 5, 7, and 8, all of which are in the tions, she told Section Chief Coates that he OVER 150 ORGANIZATIONS SEND JOINT LETTER
vein of ensuring that jurisdictions have a needed to ‘‘hold off’ because she was not URGING CONGRESS TO PASS THE PROTECTING
fair and accessible process for all voters. She ready to decide whether this was the proper OUR DEMOCRACY ACT
stated that she recalled being asked about approach for NVRA enforcement. Fernandes DEAR MEMBERS OF CONGRESS: The under-
Section 8 and that her response included told the OIG that she believed the Section’s signed organizations, on behalf of the mil-
something to the effect that Division leader- NVRA work when she became DAAG in July lions of Americans our groups collectively
ship’s focus is on the provisions of the NVRA 2009 was disorganized and that its process for represent, write to urge you to support and
pertaining to voter access. evaluating NVRA matters was ‘‘random, pass the Protecting Our Democracy Act.
With respect to the comments attributed unstrategic, [and] not very well thought- For decades, congressional authority has
to her that she did not care about enforcing out.’’ She said that Division leadership and been undermined by the executive branch,
Section 8, Fernandes told the OIG that she Voting Section management were therefore diminishing the ability of Congress to fulfill
did not think she said the words ‘‘don’t care’’ engaged in a process of identifying what its constitutional duties, to protect the rule
about enforcing Section 8 because that is not their NVRA enforcement strategy should be of law, and to hold all presidents accountable
her position. Fernandes denied saying that by reviewing where the Section had focused for overreaches and abuses of power. The last
she or Division leadership had no interest in its enforcement efforts in the past, deter- time Congress passed significant reform to
pursuing Section 8 cases. Fernandes said mining which areas had been neglected, and protect our democracy from abuses of execu-
that she believed her comment about not developing an analytical model to bring tive power was after the Watergate scandal.
caring was in the context of how to deter- NVRA cases. The time has come for new guardrails to re-
mine what jurisdictions they should target According to Fernandes, she and Division assert Congress’ role as a coequal branch of
for enforcement, given that she believed leadership believed that the NVRA enforce- government.
there is widespread noncompliance with the ment efforts from January 2001 through Jan- Today, lawmakers on both sides of the
NVRA. uary 2009 had focused on Section 8’s list- aisle and in both chambers have an interest
Fernandes noted that the list-maintenance maintenance cases, largely to the exclusion in restoring the checks and balances en-
provision of Section 8 requires jurisdictions of the voter-registration provisions in Sec- trusted to them in our Constitution. The
to employ reasonable, non-discriminatory tion 7, which she believed had been under- Protecting Our Democracy Act would do just
measures to ensure that people who are eligi- enforced and neglected. While we found no that by restoring the powers the Founders
ble can vote and those who are ineligible evidence that she examined any data to sup- vested in the legislative branch to serve as a
cannot. Therefore, Fernandes stated, she port this belief, it was consistent with what check on the executive without infringing
does not care whether a jurisdiction’s voter we found to be the prevailing belief about upon the president’s constitutional powers.
list is big, but rather whether it has a list- the prior administration’s efforts in this Among other reforms, this historic bill
maintenance program that does not work. area. Fernandes stated further that she be- would:
She explained that the fact that a jurisdic- lieved the way to ‘‘rectify this imbalance Strengthen Congress’s ability to oversee
tion’s voter list is too big means that the was to determine what Section 7 efforts were the executive branch by fortifying congres-
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Section may want to inquire about the juris- in process, whether they were being per- sional subpoena power by providing expe-
diction’s list-maintenance program, but that formed correctly, and whether the Section dited consideration of subpoena enforcement
alone would not justify bringing a lawsuit. should expand its Section 7 enforcement fur- by courts, so the executive branch cannot
Roughly one year later, in September 2010, ther. Fernandes stated that her supervisors run out the clock on congressional oversight;
allegations concerning Fernandes’s com- were pressuring her to move forward on Sec- Ensure inspectors general are qualified and
ments at the brown bag lunch regarding tion 7 enforcement and that she received a empowered to hold federal agencies account-
NVRA enforcement surfaced in news media. clear message that they viewed enforcing able without fear of reprisal by requiring the
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H7588 CONGRESSIONAL RECORD — HOUSE December 9, 2021
president to have ‘‘good cause’’ for removing Matters, Demos, Disaster Accountability Mrs. CAROLYN B. MALONEY of New
an inspector general and enhancing report- Project, Eco-Justice Collaborative, End Citi- York. Madam Speaker, I yield 1 minute
ing requirements when there is a vacancy; zens United//Let America Vote Action Fund, to the gentleman from the great State
Ensure whistleblowers can continue shin- Equal Justice Society, Equal Rights Advo-
of Illinois (Mr. DANNY K. DAVIS), the
ing light on corruption and abuses of power cates, Essential Information, Faith in Public
that betray the public trust by enhancing Life, Fix Democracy First, Fix the Court, distinguished chair of the Committee
protections against retaliation, providing Food & Water Watch, Franciscan Action on Ways and Means Subcommittee on
legal defenses for whistleblowers against Network, Free Speech Coalition, Inc., Free Worker and Family Support.
civil and criminal liability, and allowing Speech For People. Mr. DANNY K. DAVIS of Illinois.
whistleblowers to have their day in court; Geos Institute, Global Integrity, Govern- Madam Speaker, I thank the chair for
Reinforce Congress’s constitutional powers ment Accountability Project, Government yielding me time.
over spending and the power of the purse by Information Watch, Green Delaware, I rise in strong support of H.R. 5314,
requiring the Office of Management and Greenpeace USA, Hanford Challenge, Heart Protecting Our Democracy Act.
Budget to make public basic information of America NW, Hip Hop Caucus, Human En- Democracy generates the notion and
about the management of federal funds, and vironmental and Leadership Prevalent Cen- the idea that people will get and be en-
reporting to Congress to ensure those funds ter (HELP Center), Indivisible, Information
Trust, Institute for Constitutional Advocacy
gaged, involved, heard, and have their
are spent in accordance with the law;
Prevent political interference with the and Protection, Georgetown Law, Inter- wishes met.
U.S. Department of Justice by putting a per- national Association of Whistleblowers, Iowa I agree with my colleague from Illi-
manent, statutory requirement in place that Citizens for Community Improvement, Iowa nois when he said voters all over the
will ensure transparency and accountability Institute for Public Accountability, Keep country vote for us and they send us
related to their communications with the Our Republic, Kentucky Environmental here. They vote for our colleagues in
White House; Foundation, Kentucky Resources Council, the Senate and send them there. We
Strengthen the Hatch Act to protect fed- Inc. make laws. Then they expect those
eral agencies from being used for political League of United Latin American Citizens laws to be adhered to. No one is above
purposes and ensure senior political ap- (LULAC), League of Women Voters of the
them. No President.
pointees are held accountable under the law United States, Mainers for Accountable
Leadership, Michiganders for Fair and
And we are not obsessed with the
the same way other federal employees are.
Prevent abuse of the president’s pardon Transparent Elections, Mid-Ohio Valley Cli- former President, but we are obsessed
power by increasing transparency of the par- mate Action, MoneyOutVA, Mormon Women with the idea and the hope that we will
don process, prohibiting self-pardons by the for Ethical Government, MoveOn, Muslim never have another administration like
president, and clarifying that pardons are American Law Enforcement Association that one. And that is what this legisla-
‘‘official acts’’ for the purposes of federal (MALEA), National Center for Health Re- tion is designed to do.
bribery statute; search, National Council for Occupational Madam Speaker, I urge support of
Provide for enforcement of the domestic Safety and Health, National Education Asso- this legislation.
and foreign Emoluments Clauses of the Con- ciation, National Employment Law Project, Mr. COMER. Madam Speaker, I yield
stitution, to prevent a president from prof- National Organization for Women, National 2 minutes to the gentleman from Flor-
iting from payments by foreign or domestic Security Counselors, National Voter Corps,
ida (Mr. DONALDS).
governments; and National Whistleblower Center/Whistle-
Mr. DONALDS. Madam Speaker, I
Secure our elections from foreign inter- blower Network News, National Workrights
ference, by ensuring political campaigns are Institute, Network for Environmental & Eco- thank the gentleman for yielding.
informed of the laws banning foreign inter- nomic Responsibility of United Church of Madam Speaker, I rise today to ex-
ference and are prepared to comply and re- Christ, NETWORK Lobby for Catholic Social press my firm opposition to the Pro-
port any attempts of foreign interference. Justice. tecting Our Democracy Act, otherwise
In this perilous moment for our republic, New American Leaders Action Fund, New known as PODA.
we believe it should be a top priority for this Moral Majority, Niskanen Center, No More I don’t have much time to get into a
Congress to repair our democracy, including Guantanamos, Northwest Immigrant Rights bunch of the provisions, but there are
ensuring that no future president is per- Project, Open The Government, Our Bodies many troubling provisions that the
mitted to abuse the power of their office. Ourselves, Pax Christi USA, People For the American people should be fully aware
If enacted, the Protecting Our Democracy American Way, People’s Parity Project, of.
Act would protect against future presi- PRESS4WORD2020, Professional Managers
First, PODA empowers the GSA to
dential abuses of power, restore the integrity Association, Project Blueprint, Project On
of our democratic institutions, and ensure Government Oversight (POGO), Protect All
provide highly sensitive information
transparency from the chief executive. Children’s Environment, Protect Democracy, intended only for the President-elect to
Given the urgency of this crisis and for Public Citizen, Public Employees for Envi- the nonvictor if the GSA administrator
these reasons, we call on you to swiftly pass ronmental Responsibility, Public Justice doesn’t certify election results within 5
this critical legislation. Center. days. This would result in an explicit
Sincerely, Republicans for the Rule of Law, Rock the conflict of interest, and there is no rea-
20/20 Vision, Academics Stand Against Pov- Vote, RootsAction.org, S.T.O.P.—The Sur- son for this political-based decision. It
erty, Accountability Lab, Affiliation of veillance Technology Oversight Project, Se- just simply doesn’t make any sense,
Christian Engineers, American Federation of cure Elections Network, Senior Executives
Madam Speaker.
Teachers (AFT), American Oversight, Amer- Association, SIECUS: Sex Ed for Social
Secondarily, PODA directly targets
ican-Arab Anti-Discrimination Committee Change, Sierra Club, SocioEnergetics Foun-
(ADC), Animals Are Sentient Beings, Inc., dation, Sojourners, Stand Up America, Stand President Trump—and I know our col-
Arab American Institute (AAI), Asian Law Up Republic, Strategies for Justice, BWMP leagues on the other side of the aisle
Alliance, Asian Pacific American Labor alli- LLC, Sustainable Energy & Economy Net- say it doesn’t expressly go after Presi-
ance, AFL–CIO, Bend the Arc: Jewish Ac- work, T’ruah: The Rabbinic Call for Human dent Trump, but it does—over his re-
tion, Beyond Pesticides, Blacks in Law En- Rights, The Digital Democracy Project, The fusal not to disclose his tax records by
forcement of America, Blue Wave Postcard Ecotopian Society, The National Air Dis- requiring a Presidential candidate to
Movement, Brave New Films, Brennan Cen- aster Foundation, The National Vote, The submit their income tax returns for the
ter for Justice. Press Freedom Defense Fund of First Look prior 10 years within 15 days of their
Campaign Legal Center, Center for Amer- Institute.
ican Progress, Center for Common Ground, The Rutherford Institute, The Shalom Cen- nomination.
Center for International Environmental ter, The Signals Network, The Workers Cir- Now, Madam Speaker, the whole pur-
Law, Center for International Policy, Center cle, Transparency International—U.S. Office, pose of looking at tax returns, quite
for Media and Democracy, Center for Pro- Truckers Justice Center, Tully Center for frankly, is to see if you are in violation
gressive Reform, Citizens for Responsibility Free Speech, Un-PAC, Union of Concerned of tax law. There is a certain thing
and Ethics in Washington, Clean Elections Scientists, Unitarian Universalists for Social called a tax lien, and so if the IRS
Texas, Coalition of Labor Union Women, Justice, UNITED SIKHS, Voices for wants to yield a tax lien against an in-
AFL–CIO, Columbia Legal Services, Common Progress, Vote Vets, Washington Lawyers’ dividual, that is clear proof to the
Cause, Communications Workers of America, Committee for Civil Rights and Urban Af- American people that there is an issue
dlhill on DSK120RN23PROD with HOUSE
Community Research, Community Science fairs, Washington Office on Latin America
(WOLA), WESPAC Foundation, Inc., Whistle-
with a nominee for the highest office in
Institute, Concerned Citizens for Nuclear
Safety, Constitutional Alliance, Consumer blowers of America, Win Without War, Wom- the land not abiding by tax law in the
Action, Corruption kills, Council for a Liv- en’s Action for New Directions (WAND), United States.
able World, CovertAction Magazine. Women’s International League for Peace and This is completely politically moti-
Demand Progress, DemCast USA, Democ- Freedom US, Workplace Fairness, Worksafe, vated, specifically against President
racy 21, Democracy Fund Voice, Democracy X-Lab. Trump.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7589
Last but not least, Madam Speaker, 21, President Trump signed Executive might be an interference. I do want to
PODA massively expands FEC’s juris- Order No. 13957 to undermine the merit acknowledge the amendment that I of-
diction, thereby continuing the Demo- system protection of our Federal work- fered, very quickly.
crats’ ongoing trend of heavy-handed force by requiring agency heads to re- The SPEAKER pro tempore. The
Federal involvement and intrusion into classify policy-determining, policy- time of the gentlewoman has expired.
State rights. making, or policy-advocating posi- Mrs. CAROLYN B. MALONEY of New
I have heard on this floor, being down tions. York. Madam Speaker, I yield an addi-
here for a few minutes, about the de- At OMB, the Office of Management tional 30 seconds to the gentlewoman.
sire for Congress to want to be able to and Budget, this meant 80 percent of Ms. JACKSON LEE. The amendment
have more leverage to hold the execu- its workforce could suddenly be fired or indicates that violation by office-
tive accountable. One thing Congress eligible to be fired by the executive. holders be treated as a violation of
should be doing is stop actually yield- The Preventing a Patronage System oath of office for purposes of ineligi-
ing so much rulemaking and regu- Act preserves congressional preroga- bility to hold public office under the
latory authority to the alphabet soup tive by freezing that executive branch 14th Amendment.
of agencies and Congress actually ability to unilaterally remove classes And so the collective actions, not a
doing that work here, as opposed to of Federal employees and restore the person, but if your actions suggest that
creating a bill which is obviously tar- civil service as a nonpartisan entity. you are violating democracy, you
geted with one President in mind and I’m proud to support and cosponsor should not ever run again.
Madam Speaker, I look forward to
trying to create a new rubric here in this bill. I urge its passage.
this amendment becoming law, and I
Congress. Mr. COMER. Madam Speaker, I yield
look forward to this bill becoming law
Secondarily, and I think if we can myself such time as I may consume.
because we must protect democracy.
look at some of the metrics associated It is disappointing that my friend
The Constitution says that we have
with where the United States is right from Virginia would spew
been created to create a more perfect
now versus where the United States disinformation about what States are
union. I insist that we create a more
was at the same time 4 years ago, it is doing. Every State is making it easier
perfect union. Support this great legis-
without question what a successful ad- to vote but harder to cheat, and he
lation.
ministration looks like, one that actu- knows that. Mr. COMER. Madam Speaker, I re-
ally always followed the law, was in Madam Speaker, I reserve the bal-
serve the balance of my time.
constant standing with the law, as op- ance of my time. Mrs. CAROLYN B. MALONEY of New
posed to an administration who issues b 1315 York. Madam Speaker, I yield 1 minute
mandates that are unconstitutional to the gentleman from Illinois (Mr.
that the Federal courts, as we speak, Mrs. CAROLYN B. MALONEY of New
York. Madam Speaker, I yield 11⁄2 min- QUIGLEY).
are undermining every single day. Mr. QUIGLEY. Madam Speaker, I
This is a bad bill. I urge Members to utes to the gentlewoman from Texas
(Ms. JACKSON LEE), the distinguished thank the chairwoman for yielding.
vote ‘‘no’’ on this bill. The reforms in this bill have been
The SPEAKER pro tempore. The chair of the Committee on the Judici-
needed for a long time. It is just that
time of the gentleman has expired. ary Subcommittee on Crime, Ter-
the previous administration only
Mr. COMER. Madam Speaker, I yield rorism, and Homeland Security.
brought out those needs in sharp relief.
an additional 30 seconds to the gen- (Ms. JACKSON LEE asked and was
This legislation will bolster account-
tleman from Florida. given permission to revise and extend
ability, ensure that elected officials
Mr. DONALDS. Madam Speaker, if her remarks.)
use their offices to serve the American
you want to hold the executive ac- Ms. JACKSON LEE. Madam Speaker,
people, not for personal gain.
countable, if we want to increase Con- I thank the chairwoman for her leader- James Madison wrote, ‘‘If angels
gress’ role in parity with the executive ship. were to govern men, neither external
there are far more things that we Madam Speaker, it is not about nor internal controls on government
should be doing instead of this bill. We President Trump but it is about his be- would be necessary.’’ If we haven’t no-
should be voting ‘‘no.’’ havior. But it is overall about the sanc- ticed, we are down a few angels.
Mrs. CAROLYN B. MALONEY of New tity of democracy and the recognition ‘‘You must first enable the govern-
York. Madam Speaker, I yield 11⁄2 min- that behaviors result in the final des- ment to control the governed,’’ he
utes to the gentleman from Virginia tination that challenges the very core wrote, ‘‘and in the next place oblige it
(Mr. CONNOLLY), the chair of the Sub- of democracy. January 6, 2021, when to control itself.’’ How he knew.
committee on Government Operations Members duly sworn to take an oath to Madam Speaker, this bill is not
of the Committee on Oversight and Re- defend this Nation and to uphold the about looking back, it is about learn-
form. Constitution were cowering on the ing from our mistakes of the past to
Mr. CONNOLLY. Madam Speaker, I floor. prevent future abuses of power. I urge
thank my friend, the distinguished I stand with enormous support for support for this bill.
chairwoman of the Oversight and Re- the Protecting Our Democracy Act. Mr. COMER. Madam Speaker, I re-
form Committee for yielding. Why? Because the Nation needs it and serve the balance of my time.
We just heard obfuscation on the the world is watching. I stand to avoid Mrs. CAROLYN B. MALONEY of New
floor of the House hoping that people the abuse of the pardon powers that ex- York. Madam Speaker, I yield 1 minute
watching will be distracted from the isted clearly in the last administra- to the gentlewoman from New Mexico
purpose of this bill, which is to counter tion. Need I give a long list of exam- (Ms. LEGER FERNANDEZ), the distin-
the systematic voter suppression that ples? Generals and best friends; or then guished chair of the Committee on Nat-
is occurring in Republican-controlled enforcement of the foreign and domes- ural Resources and Subcommittee on
States all over America. tic emolument clauses; the horrors of a Indigenous Peoples of the United
Instead of enshrining the right to hotel where many went to pay money States.
vote and enabling it, Republicans want into the coffers of a President of the Ms. LEGER FERNANDEZ. Madam
to suppress it, they want to narrow it, United States or enforcement of Con- Speaker, our democracy is precious and
they want to make it harder for you to gressional subpoenas, the very author- it must be protected. The last adminis-
vote. Because that is how they win ity that can protect democracy, re- tration did test and attack it. We know
elections, apparently. asserting Congressional power of the we must take action against tyranny.
This bill, the Protecting Our Democ- purse when dollars were manipulated Tyranny battered our doors on January
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racy Act, led by Mr. SCHIFF would and friends got a lot of dollars. 6, and on this floor today, we are going
counter that, would enshrine and pro- So I am believing that this is impera- to fight back and strengthen our de-
tect that sacred franchise, which is tive, security from political inter- mocracy. This act restores account-
what America was founded to be. ference injustice. I might think a noose ability, ensures no one—no one, not
I also want to highlight an amend- hanging in the front to insist that Vice even, and more importantly, never the
ment to the bill I provided. On October President Pence be arrested or hung President—is above the law.
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H7590 CONGRESSIONAL RECORD — HOUSE December 9, 2021
Foreign governments are interfering er’s license application. However, sev- saw during the Trump administration
in our elections. The last President eral of these noncitizens voted in the demand that Congress take action to
welcomed and clamored for inter- 2018 and 2019 elections. prevent any future President or admin-
ference in his bid for reelection. This This does nothing to bolster voter istration officials from committing
bill in contrast protects whistle- confidence in our elections; in fact, it these same abuses of power.
blowers, it roots out corruption, it pre- does the opposite. Our laws have to be equipped to pro-
vents Presidential abuses of power to Not only does this undermine the in- tect the Office of the Presidency and
keep our system of checks and balances tegrity of our elections, the mistake by hold anyone privileged enough to hold
sound. Illinois could have had dire con- that office accountable for their ac-
These principles are not partisan, sequences for these individuals, and it tions.
they are simply American. There is could be prevented if States were being The Protecting Our Democracy Act
nothing more American than voting for forced to maintain accurate voter rolls. will prevent Presidential abuse, restore
a bill to protect our democracy and the Whether intentional or not, we know our system of checks and balances,
future of our Nation. this is happening. It is undermining strengthen accountability, and protect
Madam Speaker, I stand and I ask all the integrity of our elections. our elections.
my colleagues to stand with our Con- This amendment would simply en- I am proud that this package in-
stitution. sure those who are noncitizens who do cludes one of my pieces of legislation,
Mr. COMER. Madam Speaker, I yield not have the right to vote in Federal the White House Open Data Act, which
3 minutes to the gentleman from Illi- elections are removed from States’ will make White House visitor logs and
nois (Mr. RODNEY DAVIS). voter rolls. As someone who has at- salary information easily accessible
Mr. RODNEY DAVIS of Illinois. tended many citizenship ceremonies as and available to the public. The Presi-
Madam Speaker, I thank my friend a Member of Congress, it is unthink- dency demands integrity and trans-
from Kentucky for yielding. able that we have States undermining parency. The Protecting Our Democ-
Madam Speaker, our most basic duty what it means to be a citizen of this racy Act gives us the tools to defend
of the Federal Government should be great country. and protect our democracy; our most
protecting the right for our citizens to My office has helped many immi- sacred responsibility.
vote, but we are not doing everything grants go through the legal process to Madam Speaker, I thank Chairman
we can to protect that. A disturbing become American citizens, and there is SCHIFF for his leadership, and I thank
trend across the country is that more nothing better than seeing them raise Chairwoman MALONEY. Let’s all stand
and more States and localities are al- their right hand and swear to support up today, vote for democracy, protect
lowing noncitizens to vote. Further- and defend our Constitution; to swear the right to vote so that the world,
more, many States are conducting to bear arms in defense of this Nation; when they watch this, knows that
elections that rely on wildly outdated to swear allegiance to this great coun- America remains committed and re-
voter lists, many of which include try. news today its commitment to a great
these noncitizens. The SPEAKER pro tempore. The democracy.
In some States, such as California, time of the gentleman has expired. Mr. COMER. Madam Speaker, may I
the voter rolls are so outdated that Mr. COMER. Madam Speaker, I yield inquire how much time is remaining?
they have more registered voters than an additional 30 seconds to the gen- The SPEAKER pro tempore. The gen-
people who reside in the State. This tleman. tleman from Kentucky has 91⁄2 minutes
Mr. RODNEY DAVIS of Illinois. remaining.
creates a potential for our citizens’
Madam Speaker, there is nothing bet- Mr. COMER. Madam Speaker, I yield
votes to be diluted. LA County had
ter than to think that their vote, 1 minute to the gentleman from North
over 1.5 million ineligible people on
something they worked hard to get, Carolina (Mr. BISHOP).
their voter rolls. A suit filed by a non- Mr. BISHOP of North Carolina.
the right to vote on something that
partisan watch dog alleged that LA Madam Speaker, I thank the gen-
they worked hard to get the right to do
County had 112 percent of its adult citi- tleman from Kentucky for yielding.
is being undermined. That is unthink-
zens registered to vote. I was just sitting on the floor and it
able.
Under pressure, California and LA Let’s pass this amendment to ensure occurred to me, as I listened to the de-
County finally agreed to clean up their only citizens are voting in our elec- bate, that the point just has to be
voter rolls in 2019. Unfortunately, when tions and prevent States from putting made that the majority is so obsessed
then-California Secretary of State noncitizens at risk of intentionally or with Donald Trump that they will run
ALEX PADILLA appeared before my com- unintentionally breaking the law and roughshod over the Constitution to
mittee in 2020, he could not confirm illegally voting in our elections. continue to try to persecute him.
that many of those ineligible people We will offer this solution as a mo- Do they not see that they twice-im-
had actually been removed from Cali- tion to recommit. If we adopt the mo- peached him and the court of impeach-
fornia’s unmaintained voter rolls. I do tion to recommit, we will instruct the ment twice acquitted him?
not have a lot of faith that California Committee on Oversight and Reform to Do they defer to the decision of our
is doing everything it can to protect consider an amendment to ensure constitutional process in terms of what
the integrity of our elections. States remove noncitizens from their was just characterized that the Presi-
And then there is New York City, voter rolls as part of a regular com- dent did? Or do they stubbornly over-
which just decided to allow nearly a prehensive list maintenance program. ride that and continue to pursue him
million noncitizens to vote in city elec- Madam Speaker, I ask unanimous endlessly, despite what our processes
tions. New York can make its own bad consent to insert the text of the and constitutional provisions require
decisions, but it is our job to ensure amendment in the RECORD imme- and provide for?
that we protect Federal elections. diately prior to the vote on the motion What about the provision requiring
Common sense will tell you that com- to recommit. Presidents, who the Constitution speci-
bining noncitizens and eligible Amer- The SPEAKER pro tempore. Is there fies the qualifications for office, that
ican voters on the same voter rolls is objection to the request of the gen- they be required to submit private tax
ripe for abuse. tleman from Illinois? returns in order to pursue that office?
I will also use a final example from There was no objection. Perhaps, if you’d like it, if it is a tradi-
my home State of Illinois. In Illinois, Mrs. CAROLYN B. MALONEY of New tion to do so, for you to impose it by
noncitizens cannot vote, and if they do, York. Madam Speaker, I yield 1 minute law means you disregard the Constitu-
they face major legal consequences and to the gentleman from Rhode Island tion of the United States.
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could be deported. But in 2016, Illinois’ (Mr. CICILLINE), the distinguished chair To what end will you go? To what
automatic voter registration program of the Committee on the Judiciary, end will you go to prevail?
mistakenly registered to vote more Subcommittee on Antitrust, Commer- Mrs. CAROLYN B. MALONEY of New
than 500 noncitizens who had done the cial and Administrative Law. York. Madam Speaker, I yield 1 minute
right thing by checking the box stating Mr. CICILLINE. Madam Speaker, the to the gentlewoman from Pennsylvania
that they are not citizens on their driv- blatant and corrupt actions that we (Ms. DEAN).
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7591
Ms. DEAN. Madam Speaker, I thank to the gentlewoman from North Caro- mation: whether a candidate has paid
the chairwoman for yielding. lina (Ms. ROSS), the distinguished vice any taxes, what assets they own, how
Madam Speaker, speaking of running chair of the Committee on the Judici- much they have borrowed, who they
roughshod, no President—Republican ary Subcommittee on the Constitution, borrowed it from, have they taken ad-
or Democrat—is above the law, but Civil Rights, and Civil Liberties. vantage of tax loopholes of offshore tax
some have tried to be. The previous Ms. ROSS. Madam Speaker, I rise shelters, whether they have foreign
President and his sad followers ignored today as a proud cosponsor of the Pro- bank accounts, and if they have made
subpoenas, punished whistleblowers, tecting Our Democracy Act, which en- charitable contributions.
and invited foreign interference in our sures that our government remains of, Truth and transparency need to be a
elections. Congress—Republicans and by, and for the people. part of the democratic process. I am
Democrats—must act to protect our I also rise in support of my amend- very proud and grateful that my legis-
democracy from any future reckless ment, which would establish a task lation is contained in a bill that over-
Presidents, which is why the Pro- force within the Department of Justice all is called the Protecting Our Democ-
tecting Our Democracy Act is crucial. to investigate and prosecute, in col- racy Act.
This bill will strengthen our institu- laboration with State and local govern- Madam Speaker, all colleagues
tions against future Presidents who ments, threats to election officials. should vote for this because we raised
seek to abuse their power. Poll workers in my home State of our hands and pledged to protect our
January 6 showed us that Presi- North Carolina and their families have democracy and defend it against all en-
dential abuse can find its way to a been subjected to harassment, violent emies, foreign and domestic.
joint session of Congress in a deadly threats, and intimidation, all exacer- Mrs. CAROLYN B. MALONEY of New
way—140 police officers injured; several bated by baseless conspiracies like stop York. Madam Speaker, I thank my col-
police officers dead; desecration; trau- the steal. league. We came to Congress together,
ma. That is why the work of the Select We suffered critical shortages of poll and I thank her for her outstanding
workers during the 2020 elections, and leadership in this body and her beau-
Committee to Investigate the January
over one-quarter of counties in North tiful statement today.
6th Attack on the United States Cap-
Madam Speaker, may I inquire how
itol is so critical. Their subpoenas can- Carolina had understaffed polling sites.
much time remains.
not be ignored. Threats to election officials are threats The SPEAKER pro tempore. The gen-
My Congressional Subpoena Compli- to our democracy and must be stopped. tlewoman has 31⁄4 minutes remaining.
ance and Enforcement Act, which is in- Madam Speaker, I urge my col- Mrs. CAROLYN B. MALONEY of New
cluded in this bill, will standardize and leagues to support poll workers, the York. Madam Speaker, I have no fur-
streamline the process so that no one democratic process, my amendment, ther speakers. I am prepared to close,
can ignore a subpoena with impunity. and the bill. and I reserve the balance of my time.
The previous President’s abuses re- Mr. COMER. Madam Speaker, I re- Mr. COMER. Madam Speaker, I yield
veal the dangerous fault line. serve the balance of my time. myself the balance of my time.
Mrs. CAROLYN B. MALONEY of New Madam Speaker, wow, I heard Donald
b 1330
York. Madam Speaker, I yield 1 minute Trump’s name mentioned at least a
Mr. COMER. Madam Speaker, I re- to the gentlewoman from California dozen times by my colleagues across
serve the balance of my time. (Ms. ESHOO), the distinguished chair of the aisle. I am sincerely glad that the
Mrs. CAROLYN B. MALONEY of New the Committee on Energy and Com- Democrats spent so much time inves-
York. Madam Speaker, I yield 1 minute merce Subcommittee on Health. tigating the President for wrongdoing.
to the gentlewoman from California Ms. ESHOO. Madam Speaker, I thank I am glad that they issued subpoenas
(Ms. PORTER), the distinguished chair Congresswoman MALONEY for her spe- investigating the President for wrong-
of the Committee on Natural Resources cial leadership. I am so proud of my doing. I am very happy that, in all the
Subcommittee on Oversight and Inves- classmate. investigations conducted by the Intel-
tigation. Madam Speaker, as we gather here ligence Committee and Oversight and
Ms. PORTER. Madam Speaker, I in- on the floor, it really is a somber day Reform Committee, they did not find
troduced the Stop Foreign Interference here at the Capitol with the remains of one ounce of wrongdoing committed by
in Ballot Measures Act to ban foreign the former majority leader of the Sen- President Trump.
contributions to State and local ballot ate, Senator Robert Dole. He was a I am also happy that they inves-
initiatives and referenda. I am proud man who fought for our democracy, tigated President Trump’s children. I
that my bill is part of the Protecting paid for it in terms of the injuries that think that is fair game. I can promise
Our Democracy Act. he sustained during the war, and came the American people that very soon
Foreign interference in our politics to Congress to defend our democracy. there will be that type of oversight for
ranges from social media That is what we are doing here on the the Biden administration and the
disinformation paid for by our adver- floor of the House. We are working to President’s son, Hunter, who is in the
saries to dictators bankrolling lob- protect our democracy. I am proud news almost on a daily basis for things
bying on Capitol Hill. Current law per- that my legislation is included in this. that just don’t add up. They just don’t
mits billions of dollars of foreign influ- Let me say a few words about it. look good. That oversight is coming.
ence in ballot initiatives. Last year, Since Watergate, Presidential can- The American people can count on
over $750 million was spent in Cali- didates and Vice Presidential can- that.
fornia alone. didates voluntarily put their tax re- Madam Speaker, after nearly a year
We prohibit foreign contributions to turns out to the public. In 2016, there in power, it is time for Democrats to
candidates because it protects our na- were two that were running, one on actually start governing and abandon
tional security. That same rationale each side, that did not do that. I ob- their obsession with Donald Trump.
should apply to foreign contributions served it. I was upset about it. I wrote H.R. 5314 is full of bad policy that di-
to ballot initiatives and referenda. legislation on it. minishes the power of the executive
That is why we must pass my bill. The SPEAKER pro tempore. The branch and entrenches Washington bu-
Money and politics distort the will of time of the gentlewoman has expired. reaucrats making law based on false
the American people. It advantages Mrs. CAROLYN B. MALONEY of New conspiracy theories of the bill’s spon-
special interests and limits the power York. Madam Speaker, I yield such sor.
of regular Americans. When that time as she may consume to the gen- The bill has not proceeded through
money is supplied by foreign countries tlewoman from California. regular order and is a Frankenstein’s
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and adversaries, it puts our democracy Ms. ESHOO. Madam Speaker, what monster stitched together from various
and our national security at risk. this legislation does is make it a re- committees’ jurisdictions, while other
Mr. COMER. Madam Speaker, I re- quirement for those who seek the Pres- whole portions have never undergone
serve the balance of my time. idency and the Vice Presidency to put committee review at all.
Mrs. CAROLYN B. MALONEY of New out to the public their tax returns. There has been no attempt to seri-
York. Madam Speaker, I yield 1 minute Why? Tax returns contain vital infor- ously vet these substantial changes,
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H7592 CONGRESSIONAL RECORD — HOUSE December 9, 2021
minimal cooperation with the minor- The amendment ensures political ap- Madam Speaker, this bill furthers our ability
ity, and no apparent path for the bill in pointees cannot get away with crimes. It re- as legislators to do our job wisely and effec-
the Senate. quires disclosure of investigations. It cracks tively. I encourage my colleagues to join me in
In other words, Madam Speaker, H.R. down on subpoena evaders. It allows the Spe- voting for the ‘‘Protecting Our Democracy
5314 is a messaging bill to bolster the cial Counsel to continue investigations after Act.’’
fundraising efforts of Democrat Mem- government service concludes. Offenders like Ms. JACKSON LEE. Madam Speaker, thank
bers in preparation for the 2022 mid- Kellyanne Conway and Stephen Miller, and you for this opportunity to discuss briefly the
terms. The Democratic Party should those masquerading as public servants like Jackson Lee Amendment No. 17 to Rules
try governing instead. Ivanka Trump and Jared Kushner, violated the Committee Print 117–20, the Protecting Our
Madam Speaker, I urge my col- Hatch Act without major consequence. No Democracy Act (H.R. 5314), introduced by
leagues to oppose this bill and oppose longer. Congressman SCHIFF of California, the Chair
this reckless legislation. I yield back The amendment also expands the fines for
of the House Permanent Select Committee on
the balance of my time. violations. For the first time, repeat violators
Mrs. CAROLYN B. MALONEY of New Intelligence.
can be held criminally liable. This is real ac-
York. Madam Speaker, I yield myself countability. This Jackson Lee amendment improves the
the balance of my time. Most important, it extends the law to the bill and strengthens an important guardrail in
Madam Speaker, I would like to President and Vice President when conducting the pillars upholding and protecting our de-
point out to my very good friend and official duties on federal property. mocracy by providing that any person who,
colleague, Mr. COMER, that President You fix a leaky roof in the sun. Not in a having previously taken an oath as an officer
Trump is no longer President. This bill storm. With dark clouds ahead, we must pro- of the United States, as a member of a State
is not about President Trump. If any- tect our democracy. legislature, or as an executive or judicial offi-
one, it is about President Biden and I am glad my amendment was included, and cer of any State, is finally convicted of vio-
our future Presidents and having more for the Presidential tax return transparency lating laws prohibiting foreign interference in
oversight, accountability, and trans- provisions in the bill. Trump and his enablers American elections, specifically section 304(j)
parency. refused to follow the law. For 981 days— of the Federal Election Campaign.
Now, addressed in this bill are past longer than the siege of Leningrad—our tax The Protecting Our Democracy Act is a
abuses that have occurred. This is not return request was illegally blocked by a tag- sweeping package of reforms to prevent presi-
about the past; it is about the future. team of the Trump Department of Justice and dential abuses and to restore the Constitu-
It is about the future of our democracy a Trump-appointed judge. tional system of checks and balances.
and the strength of our democracy. Now that the Biden administration will com-
Democrats are not standing alone. ply with the law, the returns should be sent to Madam Speaker, the actions of the past Ad-
The reforms in this bill have broad sup- Congress. ministration revealed serious vulnerabilities in
port from over 150 outstanding groups, I urge passage of my amendment and pas- our democratic systems—vulnerabilities that
including the Brennan Center for Jus- sage of the underlying bill. can and will be exploited again if we do not
tice, the Project On Government Over- Mr. THOMPSON of Mississippi. Madam act urgently to address them.
sight, and many others. I have included Speaker, I rise in support of H.R. 5314, the The Protecting Our Democracy Act will take
that list in the RECORD. ‘‘Protecting Our Democracy Act,’’ spearheaded immediate steps to safeguard and strengthen
Madam Speaker, the Protecting Our by my friend and colleague on the Select our democracy so no future president—re-
Democracy Act is a historic package of Committee to Investigate the January 6th At- gardless of political party—can act as if they
prodemocracy reforms to create or tack on the United States Capitol, Adam are above the law.
strengthen guardrails and prevent the Schiff. And it will restore the accountability and
abuse of executive power. Many of the This bill bolsters congressional oversight au-
transparency of our institutions so that the
provisions in our bill have broad bipar- thority and the important powers vested in
American people can have confidence in our
tisan support and have literally been Congress by Article I of the Constitution. It
government’s ability to address the challenges
authored by Republicans. also includes a host of other good-government
we face.
You yourself at the Rules Committee measures to make our entire government
said that the President should release more ethical and more accountable to the Let me briefly highlight some of the impor-
his taxes. You said that. people we serve. tant provisions of this vitally important legisla-
These are issues that both sides of As chairman of both the Committee on tion that should be enthusiastically supported
the aisle should be supporting. It is Homeland Security and the Select Committee by all Members.
time for Congress to restore our au- to Investigate the January 6th Attack on the TITLE I—ABUSE OF THE PARDON POWER PREVENTION
thorities as a coequal branch of power. United States Capitol, I know firsthand how
The Abuse of the Pardon Prevention Act is
Madam Speaker, this is about the fu- important congressional oversight is to our
designed to deter abuses of the pardon
ture, the strengthening of our democ- legislative process. And I have seen how dedi-
power, first, by requiring transparency in cir-
racy, and I urge strong support from cated the forces aligned against representative
cumstances where the President uses that
all of my colleagues. I urge my col- democracy are.
Protecting our democracy is protecting our power for potentially self-serving purposes or
leagues on the other side of the aisle to
homeland, and protecting our homeland in a manner that could undermine the func-
join us in strengthening democracy and
means protecting our democracy. tions of Congress.
urge them to vote with Republicans for
this very important reform bill. I am particularly supportive of title IV of this And second, by amending the federal brib-
Madam Speaker, I yield back the bal- bill, which amends the United States Code to ery statute to make explicit that offering or
ance of my time. reaffirm the House’s right to enforce its sub- granting a pardon or commutation may serve
Mr. PASCRELL. Madam Speaker, our gov- poenas through civil suits in Federal court. as the basis for finding criminal culpability
ernment is not a piggy bank to be pilfered and The title would also expedite consideration of under the statute.
pillaged by public servants. Trump appointees those suits in the courts and enhance pen- Finally, the Abuse of the Pardon Prevention
abused their public office to line their pockets alties for noncompliance with congressional Act makes explicit that a president may not
and corruptly retain power. The crime spree subpoenas. issue a self-pardon.
by Trump and his stooges is the worst corrup- While I firmly believe the House already
TITLE II—ENSURING NO PRESIDENT IS ABOVE THE LAW
tion ever in our government. possesses the ability to seek civil enforcement
According to a recent Office of Special of its subpoenas, some recent court decisions The No President is Above the Law Act
Counsel report, they made a mockery of the have questioned it. This bill leaves no room would suspend the statute of limitations for
law. They exploited Hatch Act gaps or ignored for such doubt. any federal offense committed by a sitting
it altogether. Almost a century ago, the U.S. Supreme president or vice president, whether it was
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My amendment in the en bloc is based on Court said that Congress needs information to committed before or during their terms in of-
the Political CRIMES Act. I thank govern wisely and effectively, and it must fice and thus ensure that presidents and vice
Congressmam MIKE QUIGLEY and Senator often seek out others—often by compulsion— presidents can be held accountable for crimi-
ELIZABETH WARREN for their leadership. The to obtain it. To effectively exercise our legisla- nal conduct just like every other American and
amendment enhances the underlying provi- tive duties, the Constitution implicitly grants not use their offices as a shield to avoid legal
sions and gives the Hatch Act sharper teeth. enforcing processes. consequences.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7593
TITLE III—ENFORCEMENT EMOLUMENTS CLAUSES OF THE The Act would increase transparency in the This measure would also limit disclosure of
FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES Executive Branch by requiring OMB to make a whistleblower’s identity, prohibit retaliatory
Madam Speaker, the Foreign Emoluments apportionments (legally binding documents investigations, expand whistleblower protec-
Clause of the Constitution prohibits federal of- that make funding available to agencies to tions to all noncareer appointees in the Senior
ficers from receiving ‘‘presents’’ or ‘‘emolu- spend) publicly available and to publish the Executive Service, and provide access to jury
ments’’ from foreign nations unless Congress positions of officials with delegated apportion- trials for whistleblowers.
first provides its consent, while the Domestic ment authority; requiring the DOJ Office of TITLE XII—PRESIDENTIAL AND VICE PRESIDENTIAL TAX
Emoluments Clause bars the President from Legal Counsel (OLC) to publish opinions in- TRANSPARENCY
receiving any emoluments from the United structing agencies on budget and appropria- Title XII requires sitting presidents and vice
States government or from any state govern- tions law; requiring the Executive Branch to presidents and major party candidates for the
ment. make public amounts and explanations of can- presidency and vice-presidency to publicly dis-
The Foreign and Domestic Emoluments En- celled or expired fund balances, and amounts close their 10 most recent federal income tax
forcement Act codifies these foundational anti- and legal justifications of obligations incurred returns.
corruption provisions and provides enhanced by agencies during a lapse in their appropria- TITLE XIII—FOREIGN INTERFERENCE IN ELECTIONS
enforcement mechanisms for Congress and tions; and requiring the Executive Branch to Title XIII of the Act requires political cam-
for entities within the Executive Branch. report violations of the ICA and ADA identified paigns, parties, and political committees like
TITLE IV—ENFORCEMENT OF CONGRESSIONAL by the Government Accountability Office
SUBPOENAS
political action committees (PACs) and Super
(GAO) to Congress. PACs to report attempts by foreign govern-
The Congressional Subpoena Compliance The Act would also add enforcement mech-
and Enforcement Act reinforces Congress’s ments, foreign political parties, and their
anisms to budget law and deter lawbreaking
Article I powers by strengthening its tools to agents to influence our elections to the Fed-
by strengthening and expediting GAO’s ability
enforce lawfully issued subpoenas. eral Election Commission (FEC) and Federal
to obtain information from agencies to assess
First, the bill affirms the House’s and Sen- Bureau of Investigation (FBI).
compliance with budget or appropriations law;
ate’s authority to enforce their subpoenas It requires the FBI to report on these notifi-
expediting GAO’s ability to sue agencies to re-
through civil suits and provides expedited cations annually to the congressional intel-
lease funds being impounded in violation of
processes for these actions, as well as en- ligence committees.
the ICA; authorizing administrative discipline
hanced penalties for noncompliance. It also requires campaigns to establish com-
for officials found to have violated the ICA, in-
Second, it specifies the manner in which pliance mechanisms.
cluding suspension without pay or termination It ensures violations of these foreign contact
subpoena recipients must comply, including by of employment; and requiring the DOJ to re-
creating an express requirement to testify and reporting requirements can incur criminal or
view reports of ADA violations and investigate
produce subpoenaed information and, to the civil liability.
whether a violation occurred knowingly and Title XIV of the Act works to eliminate for-
extent any information is withheld, to produce willfully.
a detailed log describing the basis for non- eign interference in U.S. elections by making
TITLE VI—SECURITY FROM POLITICAL INTERFERENCE IN
compliance. clear that the Federal Election Campaign Act
JUSTICE
TITLE V—REASSERTING CONGRESSIONAL POWER OF THE
prohibits the acceptance of opposition re-
Since Watergate, every Administration has
PURSE search, polling, and other non-public informa-
issued guidance limiting contact between the
Madam Speaker, in drafting the Constitu- tion relating to a candidate for federal, state,
White House and DOJ in order to limit political
tion, the Framers built checks and balances or local office by foreign governments and po-
interference in criminal and civil enforcement
into the foundation of our democracy to pro- litical parties for the purpose of influencing an
matters.
tect against monarchy. Unfortunately, in recent years we have seen election.
Vesting Congress with the power to make numerous instances where that norm was ig- It provides for enhanced criminal penalties
funding decisions—the ‘‘power of the purse’’— nored. for violations of this prohibition.
is a critical component of that founding prin- The Security from Political Interference in It ensures that members and employees of
ciple. Justice Act seeks to help ensure that these political campaigns will be on notice of this
Congress has crafted longstanding, norms are followed in the future, by requiring prohibition by requiring the FEC to provide a
foundational laws to protect its authority like that the Attorney General (AG) maintain a log written explanation of the prohibition to polit-
the Antideficiency Act (ADA) and the Impound- of certain designated contacts between the ical campaigns, and for campaigns to certify
ment Control Act (ICA) to prevent federal White House and DOJ that is to be shared their receipt and understanding of the expla-
agencies from misusing federal funds. with the DOJ Inspector General (IG) on a nation.
But over time, Presidents and Executive semi-annual basis, with an additional require- Last, the legislation extends the ban on for-
Branch agencies have pushed the boundaries ment that the IG share any inappropriate or eign national contributions to federal, state,
of these and other laws designed to prevent improper contacts with the House and Senate and local elections to include ballot initiatives
executive overreach, exploiting secrecy and Judiciary Committees. and referendums.
limitations on enforcement to push their own TITLE VII—PROTECTING INSPECTOR GENERAL
Madam Speaker, I believe this excellent leg-
agenda. INDEPENDENCE islation would be even stronger had Jackson
That is why as a member of the Budget The Inspector General Independence Act Lee Amendment No. 17 been made in order.
Committee, I am very pleased that the reforms would protect Inspectors General (IGs) from This Jackson Lee amendment would im-
embodied in the Congressional Power of the being removed by the President based on po- prove the bill and strengthen an important
Purse Act are incorporated in the legislation litical retaliation. guardrail in the pillars upholding and pro-
before us and will help Congress reclaim its President Trump removed or replaced nu- tecting our democracy by providing that any
Constitutional spending authority and safe- merous IGs in what appeared to be retaliation person who, having previously taken an oath
guard our nation’s separation of powers. for investigating misconduct of his own Admin- as an officer of the United States, as a mem-
Specifically, the Act would restore Congress’ istration. ber of a State legislature, or as an executive
central role in funding decisions by preventing The Inspector General Independence Act or judicial officer of any State, is finally con-
the President from effectively rescinding funds would only allow an IG to be removed for a victed of violating laws prohibiting foreign in-
without congressional approval; requiring the limited number of causes and would require terference in American elections, specifically
Office of Management and Budget (0MB) to that the President, before removing the IG, section 304(j) of the Federal Election Cam-
release funding at least 90 days before it ex- provide Congress with documentation of the paign Act of 1971 (as added by section
pires, whether or not the funding is part of a cause. 1301(a)), section 304(b)(9) of such Act (as
Presidential rescission or deferral request; and TITLE VIII—PROTECTING WHISTLEBLOWERS added by section 1301(b)), or section 302(j) of
closing a budget law loophole that essentially The Whistleblower Protection Improvement such Act (as added by section 1302), shall be
lets the President unilaterally block the spend- Act would strengthen the law to ensure that deemed to have given aid and comfort to the
ing of enacted appropriations designated as federal employees who blow the whistle on enemies of the United States for purposes of
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emergency. waste, fraud, and abuse are protected from re- ineligibility to hold public office under section
The Act would put an expiration date on taliation. of the Fourteenth Amendment to the Constitu-
Presidential declarations of national emer- The Whistleblower Protection Improvement tion of the United States.
gencies and any special executive authorities Act would clarify that no federal official may This concern is particularly salient when
triggered by those declarations; declarations interfere with a federal employee’s ability to there is clear, convincing, and overwhelming
would expire unless Congress extends them. share information with Congress. evidence of interference by a hostile foreign
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H7594 CONGRESSIONAL RECORD — HOUSE December 9, 2021
power to secure victory for its preferred can- I urge all members to join me in voting to Commission, but in no event later than 30
didate. pass H.R. 5314, the Protecting Our Democ- days after receipt by the Commission.’’.
Madam Speaker, there is compelling reason racy Act. AMENDMENT NO. 2 OFFERED BY MR. AGUILAR OF
for the Congress to pass the Protecting Our Thank you. CALIFORNIA
Democracy Act by overwhelming margins in The SPEAKER pro tempore. All time Page 175, insert after line 18 the following
the House and Senate to send a clear mes- for debate has expired. (and redesignate the succeeding provisions
sage to the world that unlike the immediately Each further amendment printed in accordingly):
previous Administration, the current President part B of House Report 117–205 not ear- DIVISION D—PROTECTING ELECTION
OFFICIALS
and his Administration is determined and reso- lier considered as part of the amend-
ments en bloc pursuant to section 3 of TITLE XV—PROTECTING ELECTION OFFI-
lute in taking effective action to deter and pre-
CIALS FROM DISCLOSURE OF PERSON-
vent interference by foreign powers in Amer- House Resolution 838, shall be consid- ALLY IDENTIFIABLE INFORMATION
ican elections. ered only in the order printed in the re-
SEC. 1501. SHORT TITLE.
Let us remember that the Intelligence Com- port, may be offered only by a Member This title may be cited as the ‘‘Election Of-
munity Assessment (‘‘ICA’’) of January 2017 designated in the report, shall be con- ficials Protection Act’’.
assessed that Russian President Vladimir sidered as read, shall be debatable for SEC. 1502. REQUIRING STATES TO MAINTAIN LIST
Putin ordered an influence campaign in 2016 the time specified in the report equally OF ELECTION OFFICIALS PRO-
aimed at the US presidential election in which divided and controlled by the pro- TECTED FROM DISCLOSURE OF PER-
SONALLY IDENTIFIABLE INFORMA-
Russia’s goals were to undermine public faith ponent and an opponent, may be with- TION.
in the US democratic process, denigrate drawn by the proponent at any time (a) REQUIREMENT.—Title III of the Help
Democratic presidential candidate and implac- before the question is put thereon, America Vote Act of 2002 (52 U.S.C. 21081 et
able foe of Vladimir Putin, former Secretary of shall not be subject to amendment, and seq.) is amended by inserting after section
State Hillary Clinton, facilitate the election of shall not be subject to a demand for di- 303 the following new section:
Vladimir Putin’s preferred candidate, Donald J. vision of the question. ‘‘SEC. 303A. MAINTENANCE OF LIST OF ELECTION
Trump. It shall be in order at any time after OFFICIALS PROTECTED FROM DIS-
CLOSURE OF PERSONALLY IDENTI-
Russia’s interference in the election proc- debate for the chair of the Committee FIABLE INFORMATION.
esses of democratic countries was not new on Oversight and Reform or her des- ‘‘(a) IN GENERAL.—The office of the chief
but a continuation of the ‘‘Translator Project,’’ ignee to offer amendments en bloc con- State election official of a State shall estab-
an ongoing information warfare effort launched sisting of further amendments printed lish a program under which the office shall
by Vladimir Putin in 2014 to use social media in part B of House Report 117–205, not maintain a list of election officials whose
to manipulate public opinion and voters in earlier disposed of. Amendments en personally identifiable information is pro-
western democracies. bloc shall be considered as read, shall tected from disclosure and kept confidential
But instead of supporting the unanimous as- under the Election Officials Protection Act.
be debatable for 20 minutes equally di- ‘‘(b) ELIGIBILITY FOR PARTICIPATION IN PRO-
sessment of the U.S. Intelligence Community, vided and controlled by the chair and GRAM.—
the 45th President attacked and sought to dis- ranking minority member of the Com- ‘‘(1) CONTENTS OF APPLICATION.—An elec-
credit and undermine the agencies and offi- mittee on Oversight and Reform or tion official is eligible to be a program par-
cials responsible for detecting and assessing their respective designees, shall not be ticipant in the program established under
Russian interference in the 2016 presidential subject to amendment, and shall not be this section if the official submits to the of-
election as well as those responsible for inves- subject to a demand for division of the fice of the chief State election official an ap-
tigating and bringing to justice the conspirators plication, at such time and in such form as
question.
who committed crimes against the United the official may require, which contains the
AMENDMENTS EN BLOC NO. 1 OFFERED BY MRS. following information and assurances:
States our law enforcement. CAROLYN B. MALONEY OF NEW YORK ‘‘(A) Documentation showing that the ap-
And to add shame to insult and injury, at a Mrs. CAROLYN B. MALONEY of New plicant is to commence service as an election
meeting in Helsinki, Finland, rather than em- York. Madam Speaker, pursuant to official in the State or is currently serving
bracing the conclusions of the U.S. Intel- House Resolution 838, I offer amend- as an election official in the State.
ligence Community, the 45th President of the ments en bloc. ‘‘(B) A sworn statement that the applicant
United States sided with Russian President The SPEAKER pro tempore. The fears for his or her safety or the safety of his
Vladimir Putin in heaping scorn on the IC’s as- or her family, or the safety of the minor or
Clerk will designate the amendments incapacitated person on whose behalf the ap-
sessment regarding Russian interference and en bloc. plication is made, due to his or her service as
called the U.S. Justice Department investiga- Amendments en bloc No. 1 consisting an election official.
tion into Russia’s interference led by Special of amendment Nos. 1, 2, 4, 5, 6, 8, 9, 10, ‘‘(C) Any police, court, or other govern-
Counsel Robert Mueller ‘‘the greatest political 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, ment agency records or files that show any
witch hunt in history.’’ 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, and 34, complaints of alleged threats or acts of vio-
As the Mueller Report concluded, ‘‘The Rus- printed in part B of House Report 117– lence against the applicant.
sian government interfered in the 2016 presi- 205, offered by Mrs. CAROLYN B. MALO- ‘‘(D) The signature of the applicant and of
dential election in sweeping and systematic any individual or representative of any office
NEY of New York:
fashion.’’ designated in writing who assisted in the
AMENDMENT NO. 1 OFFERED BY MS. ADAMS OF preparation of the application, and the date
In his only public remarks made since he NORTH CAROLINA on which the applicant signed the applica-
was appointed at his farewell press con- Page 155, strike lines 10 through 19, and in- tion.
ference held at the Department of Justice on sert the following: ‘‘(E) Such other information and assur-
May 29, 2017, Special Counsel, Robert (4) TREATMENT AS A REPORT FILED UNDER ances as the chief State election official may
Mueller reiterated the ‘‘central allegation of our THE FEDERAL ELECTION CAMPAIGN ACT OF require.
indictments—that there were multiple, system- 1971.—Section 304(a)(11) of the Federal Elec- ‘‘(2) PERIOD OF PARTICIPATION.—Upon filing
atic efforts to interfere in our election’’ and that tion Campaign Act of 1971 (52 U.S.C. a properly completed application under this
‘‘allegation deserves the attention of every 30104(a)(11)) is amended by adding at the end subsection, the chief State election official
American.’’ the following: shall certify the applicant as a program par-
‘‘(E) An income tax return filed under the ticipant for a period of 4 years following the
Madam Speaker, American elections are to
Protecting Our Democracy Act of 2021 shall date of filing, unless the applicant’s partici-
be decided by American voters free from for- be filed in electronic form accessible by com- pation in the program is terminated before
eign interference or sabotage, and that is why puters and shall be treated as a report filed that date as provided under subsection (d).
any person who having previously taken an under and required by this Act for purposes ‘‘(c) ADDITIONAL NOTICE TO PROGRAM PAR-
oath to preserve and protect the Constitution of subparagraphs (B) and (C), except that if it TICIPANTS.—The office of the chief State
of the United States, knowingly and willingly would require considerable, extensive, and election official shall provide each program
acts to aid, abet, or facilitate foreign inter- significant time for the Commission to make participant a notice in clear and conspicuous
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ference in an American election can, should, redactions to such a return, as required font that contains all of the following infor-
under section 1201(b)(3) of the Protecting Our mation:
and must be deemed to have given aid and
Democracy Act of 2021 or subparagraph ‘‘(1) The program participant may create a
comfort to the enemies of the United States (B)(ii) of section 6103(l)(23) of the Internal revocable living trust and place his or her
for purposes of ineligibility to hold public office Revenue Code of 1986, the Commission may real property into the trust to protect his or
under section 3 of the Fourteenth Amendment make the return available for public inspec- her residential street address from disclosure
to the Constitution of the United States. tion more than 48 hours after receipt by the in real property transactions.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7595
‘‘(2) The program participant may obtain a ‘‘(2) MEMBER OF THE IMMEDIATE FAMILY.—In ten request to indicate that the disclosure of
change of his or her legal name to protect this section, the term ‘member of the imme- the participant’s personally identifiable in-
his or her anonymity. diate family’ means, with respect to an indi- formation would cause or threaten to cause
‘‘(3) A list of contact information for enti- vidual, a spouse, domestic partner, child, imminent great bodily harm to the partici-
ties that the program participant may con- stepchild, parent, or any blood relative of an pant or a member of the immediate family of
tact to receive information on, or receive individual who lives in the same residence as the participant, such person may not know-
legal services for, the creation of a trust to the individual. ingly transfer without consideration the par-
hold real property or obtaining a name ‘‘(3) PERSONALLY IDENTIFIABLE INFORMA- ticipant’s personally identifiable informa-
change, including county bar associations, TION.—The term ‘personally identifiable in- tion to any other person, including a busi-
legal aid societies, State and local agencies, formation’ means, with respect to any indi- ness or association, through any medium;
or other nonprofit organizations that may be vidual— and
able to assist program participants. ‘‘(A) a home address, including a primary (4) if, prior to receiving the request, such
‘‘(d) TERMINATION OF PARTICIPATION.— residence or vacation home address; person publicly displayed the participant’s
‘‘(1) GROUNDS FOR TERMINATION.—The chief ‘‘(B) a home, personal mobile, or direct personally identifiable information on the
State election official may terminate a pro- telephone line to a private office or resi- Internet on any website or subsidiary
gram participant’s participation in the pro- dence; website controlled by such person, such per-
gram for any of the following reasons: ‘‘(C) a personal email address; son shall remove the information from such
‘‘(A) The program participant submits to ‘‘(D) a social security number, driver’s li- websites not later than 72 hours after receiv-
the chief State election official written noti- cense number, or voter registration informa- ing the request.
fication of withdrawal, in which case the tion that includes a home address; (b) ENFORCEMENT.—
participation shall be terminated on the date ‘‘(E) a bank account or credit or debit card (1) ACTION FOR INJUNCTIVE OR DECLARATORY
of receipt of the notification. information; RELIEF.—A program participant who is ag-
‘‘(B) The program participant’s certifi- ‘‘(F) property tax records or any property grieved by a violation of subsection (a) or
cation term has expired and the participant ownership records, including a secondary subsection (b) may bring an action seeking
did not complete an application for renewal residence and any investment property at injunctive or declaratory relief in any court
of the certification. which the individual resides for part of a of competent jurisdiction. If the court grants
‘‘(C) The chief State election official deter- year; injunctive or declaratory relief, the person
mines that false information was used in the ‘‘(G) birth and marriage records; responsible for the violation shall be re-
application process to qualify as a program quired to pay the participant’s costs and rea-
‘‘(H) vehicle registration information;
participant or that participation in the pro- sonable attorney’s fees.
‘‘(I) the identification of children of the in-
gram is being used as a subterfuge to avoid (2) ACTION FOR DAMAGES.—
dividual under the age of 18;
detection of illegal or criminal activity or (A) IN GENERAL.—A program participant
‘‘(J) the date of birth;
apprehension by law enforcement. who is aggrieved by a violation of subsection
‘‘(K) directions to a home of the individual
‘‘(D) The program participant fails to dis- (a) or subsection (b) may bring an action for
or a member of the immediate family of the
close a change in the participant’s status as
individual; damages in any court of competent jurisdic-
an election official.
‘‘(L) a photograph of any vehicle including tion.
‘‘(2) APPEAL.—Except in the case of a ter-
the license plate or of a home including an (B) DAMAGES.—A prevailing plaintiff in an
mination on the grounds described in sub-
address of the individual or member of the action described in subparagraph (A) shall,
paragraph (A) of paragraph (1), the chief
immediate family of the individual; for each violation, be awarded damages in an
State election official shall send written no-
‘‘(M) the name and location of a school or amount determined by the court, except that
tification of the intended termination to the
day care facility attended by a child of the such amount—
program participant. The program partici-
individual or by a child of a member of the (i) may not exceed 3 times the actual dam-
pant shall have 30 business days in which to
appeal the termination under procedures de- immediate family of the individual; or ages to the plaintiff; and
veloped by the chief State election official. ‘‘(N) the name and location of an employer (ii) may not be less than $10,000.
of the individual or a member of the imme- (c) DEFINITIONS.—In this section, the terms
‘‘(3) NOTIFICATION OF LOCAL OFFICES.—The
diate family of the individual.’’. ‘‘member of the immediate family’’ and
chief State election official shall notify in
(b) CONFORMING AMENDMENT RELATING TO ‘‘personally identifiable information’’ have
writing the appropriate local election offi-
ENFORCEMENT.—Section 401 of such Act (52 the meaning given such terms in section
cials, county clerks, and local recording of-
U.S.C. 21111) is amended by striking ‘‘and 303A of the Help America Vote Act of 2002.
fices of the program participant’s termi-
303’’ and inserting ‘‘303, and 303A’’. (d) SEVERABILITY.—If any provision of this
nation of participation in the program. Upon (c) CLERICAL AMENDMENT.—The table of section, or the application of a provision of
receipt of this termination notification, such contents of such Act is amended by inserting this section to any person or circumstance,
officials, clerks, and offices— after the item relating to section 303 the fol- is held to be unconstitutional, the remainder
‘‘(A) shall transmit to the chief State elec- lowing: of this section, and the application of the
tion official all appropriate administrative ‘‘Sec. 303A. Maintenance of list of election provisions of this section to any person or
records pertaining to the program partici- officials protected from disclo- circumstance, shall not be affected by the
pant; and sure of personally identifiable holding.
‘‘(B) shall no longer be responsible for information.’’.
maintaining the confidentiality of the pro- AMENDMENT NO. 4 OFFERED BY MR. CICILLINE
(d) EFFECTIVE DATE.—The amendments
gram participant’s record. OF RHODE ISLAND
made by this section shall take effect Sep-
‘‘(4) TREATMENT OF RECORDS.— tember 1, 2022. Add at the end of part 1 of subtitle B of di-
‘‘(A) CONFIDENTIALITY.—Upon termination SEC. 1503. PROHIBITING PERSONS FROM MAKING vision B the following new section:
of a program participant’s certification, the INFORMATION ON PROGRAM PAR- SEC. 516. WHITE HOUSE EMPLOYEE INFORMA-
chief State election official shall retain TICIPANTS AVAILABLE. TION.
records as follows: (a) REQUIREMENTS FOR PERSONS RECEIVING Not later than 90 days after the date of the
‘‘(i) Except as provided in subparagraph REQUESTS FROM PROGRAM PARTICIPANTS.—If enactment of this Act and updated not less
(B), any records or documents pertaining to any person, including a business or associa- frequently than annually thereafter, the Ex-
a program participant shall be held confiden- tion and a local government or other public ecutive Office of the President shall make
tial. entity, receives a written request from an in- available on a publicly available website in
‘‘(ii) All records or documents pertaining dividual who is a program participant under an easily searchable and downloadable for-
to a program participant shall be retained the program established by a State under mat the following information:
for a period of three years after termination section 303A of the Help America Vote Act of (1) The annual salary of each White House
of certification and then destroyed without 2002 (hereafter referred to as a ‘‘program par- employee, which shall be updated quarterly,
further notice. ticipant’’) or the agent of a program partici- and the following:
‘‘(B) EXCEPTION FOR TERMINATION BASED ON pant to not disclose the participant’s person- (A) The number of employees who are paid
FALSE INFORMATION OR SUBTERFUGE.—In the ally identifiable information— at a rate of basic pay equal to or greater
case of a termination on the grounds de- (1) such person may not knowingly post or than the rate of basic pay then currently
scribed in subparagraph (C) of paragraph (1), publicly display the participant’s personally paid for level V of the Executive Schedule of
the chief State election official may disclose identifiable information on the Internet, in- section 5316 of title 5 and who are employed
information contained in the participant’s cluding on any website or subsidiary website in the White House Office, the Executive
application. controlled by such person; Residence at the White House, the Office of
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‘‘(e) DEFINITIONS.— (2) such person may not knowingly trans- the Vice President, the Domestic Policy
‘‘(1) ELECTION OFFICIAL.—In this section, an fer for consideration the participant’s per- Staff, or the Office of Administration, and
‘election official’ with respect to a State is sonally identifiable information to any other the aggregate amount paid to such employ-
any individual, including a volunteer, who is person, including a business or association, ees.
authorized by the State to carry out duties through any medium; (B) The number of employees employed in
relating to the administration of elections (3) if the participant or the agent of the such offices who are paid at a rate of basic
for Federal office held in the State. participant includes information in the writ- pay which is equal to or greater than the
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H7596 CONGRESSIONAL RECORD — HOUSE December 9, 2021
minimum rate of basic pay then currently TITLE XVI—PREVENTING A PATRONAGE months after the date of the enactment of
paid for GS–16 of the General Schedule of SYSTEM this Act.
section 5332 of title 5, United States Code, SEC. 1601. LIMITATIONS ON EXCEPTION OF COM- AMENDMENT NO. 12 OFFERED BY MS. FOXX OF
but which is less than the rate then cur- PETITIVE SERVICE POSITIONS. NORTH CAROLINA
rently paid for level V of the Executive (a) IN GENERAL.—No position in the com- Add at the end of title VII of division B the
Schedule of section 5316 of such title and the petitive service (as defined under section 2102 following new subtitle (and update the table
aggregate amount paid to such employees. of title 5, United States Code) may be ex- of contents accordingly):
(C) The number of employees employed in cepted from the competitive service unless Subtitle D—Inspector General for the Office
such offices who are paid at a rate of basic such position is placed— of Management and Budget
pay which is less than the minimum rate (1) in any of the schedules A through E as SEC. 731. INSPECTOR GENERAL FOR THE OFFICE
then currently paid for GS–16 of the General described in section 6.2 of title 5, Code of OF MANAGEMENT AND BUDGET.
Schedule of section 5332 of title 5, United Federal Regulations, as in effect on Sep- (a) ESTABLISHMENT OF OFFICE.—Section 12
States Code, and the aggregate amount paid tember 30, 2020; and of the Inspector General Act of 1978 (5 U.S.C.
to such employees. (2) under the terms and conditions under App.) is amended—
(D) The number of individuals detailed part 6 of such title as in effect on such date. (1) in paragraph, (1) by inserting ‘‘the Di-
under section 112 of title 3, United States (b) SUBSEQUENT TRANSFERS.—No position rector of the Office of Management and
Code, for more than 30 days to each such of- in the excepted service (as defined under sec- Budget,’’ after ‘‘means’’ ; and
fice, the number of days in excess of 30 each tion 2103 of title 5, United States Code) may (2) in paragraph (2), by inserting ‘‘the Of-
individual was detailed, and the aggregate be placed in any schedule other than a sched- fice of Management and Budget,’’ after
amount of reimbursement made as provided ule described in subsection (a)(1). ‘‘means’’.
by the provisions of section 112 of such title. AMENDMENT NO. 9 OFFERED BY MR. CORREA OF (b) SPECIAL PROVISIONS CONCERNING THE IN-
(E) The number of individuals whose serv- CALIFORNIA SPECTOR GENERAL OF THE OFFICE OF MANAGE-
ices as experts or consultants are procured MENT AND BUDGET.—The Inspector General
Page 57, after line 19, insert the following
under chapter 2 title 3, United States Code, Act of 1978 (5 U.S.C. App.) is amended by add-
(and update the table of contents accord-
for service in any such office, the total num- ing after section 8N the following new sec-
ingly):
ber of days employed, and the aggregate tion:
SEC. 525. TREATMENT OF REQUESTS FOR INFOR-
amount paid to procure such services. ‘‘SEC. 80. SPECIAL PROVISIONS CONCERNING
MATION FROM MEMBERS OF CON-
(2) The most recent financial disclosure THE INSPECTOR GENERAL OF THE
GRESS.
statement for each White House employee OFFICE OF MANAGEMENT AND
Section 552(d) of title 5, United States BUDGET.
filed pursuant to the Ethics in Government Code, is amended by inserting ‘‘, or any
Act of 1978 (5 U.S.C. App.), which shall be up- ‘‘The Inspector General of the Office of
member thereof,’’ after ‘‘Congress’’. Management and Budget shall only have ju-
dated annually.
AMENDENT NO. 10 OFFERED BY MR. CORREA OF risdiction over those matters that have been
AMENDMENT NO. 5 OFFERED BY MS. CLARK OF CALIFORNIA specifically assigned to the Office under
MASSACHUSETTS law.’’.
At the end of part 1 of subtitle B of title V,
Page 9, insert after line 12 the following: add the following new section: (c) APPOINTMENT.—Not later than 120 days
SEC. 516. MACHINE-READABLE FORMAT RE-
after the date of the enactment of this Act,
SEC. 203. CONTRACTS BY THE PRESIDENT, THE
QUIRED FOR AGENCY REPORTS. the President shall appoint an individual to
VICE PRESIDENT, OR A CABINET
MEMBER. Any report required to be submitted to serve as the Inspector General of the Office
of Management and Budget in accordance
(a) AMENDMENT.—Section 431 of title 18, Congress by an executive agency shall be
with section 3(a) of the Inspector General
United States Code, is amended— submitted in machine-readable format, un-
Act of 1978 (5 U.S.C. App.).
(1) in the section heading, by inserting less each committee of Congress to whom
the report is submitted waives the require- AMENDMENT NO. 13 OFFERED BY MS. FOXX OF
‘‘the President, the Vice President, a Cabinet NORTH CAROLINA
Member, or a’’ after ‘‘Contracts by’’; and ment.
AMENDMENT NO. 11 OFFERED BY MS. DELBENE
Page 25, insert after line 7 the following:
(2) in the first undesignated paragraph, by
SEC. 406. ENFORCEMENT OF REQUESTS FOR IN-
inserting ‘‘the President, the Vice President, OF WASHINGTON
FORMATION FROM CERTAIN COM-
or any member of the Cabinet,’’ after ‘‘Who- Page 157, beginning on line 15, strike MITTEES OF CONGRESS.
ever, being’’. ‘‘FOREIGN INTERFERENCE’’ and insert For purposes of remedying any failure to
(b) TABLE OF SECTIONS AMENDMENT.—The ‘‘FOREIGN INTERFERENCE; CYBERSECU- comply with a request under section 2954 of
table of sections for chapter 23 of title 18, RITY GUIDANCE FOR CAMPAIGNS’’. title 5, United States Code, section 1365a of
United States Code, is amended by striking Page 175, insert after line 18 the following: title 28, United States Code (as added by sec-
the item relating to section 431 and inserting TITLE XV—CYBERSECURITY GUIDANCE tion 403), and section 105 of the Revised Stat-
the following: FOR CAMPAIGNS utes of the United States (as added by sec-
‘‘431. Contracts by the President, the Vice SEC. 1501. ISSUANCE OF CYBERSECURITY GUID- tion 404) shall apply to such a request.
President, a Cabinet Member, ANCE AND BEST PRACTICES FOR AMENDMENT NO. 14 OFFERED BY MR. GALLEGO
or a Member of Congress.’’. CAMPAIGNS BY FEDERAL ELECTION OF ARIZONA
COMMISSION. At the end of division A, insert the fol-
AMENDMENT NO. 6 OFFERED BY MR. COHEN OF
(a) IN GENERAL.—Section 311 of the Federal lowing:
TENNESSEE
Election Campaign Act of 1971 (52 U.S.C. TITLE IV—ACCOUNTABILITY IN ACCESS
Page 6, strike lines 17 through 20, and in- 30111) is amended by adding at the end the TO CLASSIFIED INFORMATION
sert the following: following new subsection:
SEC. 401. TRANSPARENCY IN ACCESS TO CLASSI-
(A) an offense against the United States ‘‘(g) ISSUANCE OF CYBERSECURITY GUIDANCE FIED INFORMATION DURING PRESI-
that arises from an investigation in which AND BEST PRACTICES.— DENTIAL TRANSITIONS.
the target or subject is— ‘‘(1) ISSUANCE.—In consultation with the The Presidential Transition Act of 1963 (3
(i) the President; Directory of the National Institute of Stand- U.S.C. 102 note) is amended in section 3(f) by
(ii) a relative of the President; ards and Technology, the Director of the Cy- adding at the end the following:
(iii) any member or former member of the bersecurity and Infrastructure Security ‘‘(3) Not later than 10 days after submit-
President’s administration; Agency of the Department of Homeland Se- ting an application for a security clearance
(iv) any person who worked on the Presi- curity, and such other offices of the govern- for any individual, and not later than 10 days
dent’s presidential campaign as a paid em- ment as the Commission considers appro- after any such individual is granted a secu-
ployee; or priate, the Commission shall issue— rity clearance (including an interim clear-
(v) in the case of an offense motivated by ‘‘(A) guidance for political committees and ance), each eligible candidate (as that term
a direct and significant personal or pecu- vendors on cybersecurity risks, including is described in subsection (h)(4)(A)) or the
niary interest of any individual described in threats to the databases of such committees; President-elect (as the case may be) shall
clause (i), (ii), (iii), or (iv), any person or en- and submit a report containing the name of such
tity; ‘‘(B) best practices for political commit- individual to the Committee on Oversight
Page 7, beginning on line 5, strike ‘‘has the tees to protect their databases from such and Reform of the House of Representatives,
meaning’’ and all that follows through threats. the Committee on Homeland Security and
‘‘Code.’’, and insert the following: ‘‘ means ‘‘(2) UPDATES.—The Commission shall regu- Governmental Affairs of the Senate, the Per-
any family member, up to a third degree re- larly issue updated versions of the guidance manent Select Committee on Intelligence of
dlhill on DSK120RN23PROD with HOUSE
lation to the President, or a spouse there- and best practices described in paragraph the House of Representatives, and the Select
of.’’. (1).’’. Committee on Intelligence of the Senate.’’.
(b) DEADLINE.—The Federal Election Com- SEC. 402. TRANSPARENCY IN FAMILY ACCESS TO
AMENDMENT NO. 8 OFFERED BY MR. CONNOLLY
mission shall issue the first guidance and CLASSIFIED INFORMATION.
OF VIRGINIA
best practices under section 311(g) of the (a) IN GENERAL.—Not later than 10 days
Add at the end the following (and update Federal Election Campaign Act of 1971, as after submitting an application for a secu-
the table of contents accordingly): added by subsection (a), not later than 6 rity clearance for any covered individual,
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7597
and not later than 10 days after any covered procedure of the House) at any time, in the (2) by striking ‘‘solicits any contribution
individual is granted a security clearance same manner, and to the same extent as in through any broadcasting station, news-
(including an interim clearance), the Presi- the case of any other rule of the House. paper, magazine, outdoor advertising facil-
dent or head of the applicable agency shall AMENDMENT NO. 17 OFFERED BY MR. KILMER OF ity, mailing, or any other type of general
submit a written notice of such application WASHINGTON public political advertising’’ and inserting
or approval (as the case may be) to the Com- Page 157, beginning on line 15, strike ‘‘solicits any contribution through any pub-
mittee on Oversight and Reform of the House ‘‘FOREIGN INTERFERENCE’’ and insert lic communication’’.
of Representatives, the Committee on Home- ‘‘FOREIGN INTERFERENCE; HONEST ADS’’. SEC. 1505. EXPANSION OF DEFINITION OF ELEC-
land Security and Governmental Affairs of Page 175, insert after line 18 the following TIONEERING COMMUNICATION.
the Senate, the Permanent Select Com- (and redesignate the succeeding provisions (a) EXPANSION TO ONLINE COMMUNICA-
mittee on Intelligence of the House of Rep- accordingly): TIONS.—
resentatives, and the Select Committee on TITLE XV—HONEST ADS (1) APPLICATION TO QUALIFIED INTERNET AND
Intelligence of the Senate. DIGITAL COMMUNICATIONS.—
SEC. 1501. SHORT TITLE.
(b) COVERED INDIVIDUAL DEFINED.—In this (A) IN GENERAL.—Subparagraph (A) of sec-
This title may be cited as the ‘‘Honest Ads
section, the term ‘‘covered individual’’ tion 304(f)(3) of the Federal Election Cam-
Act’’.
means a spouse, child, or child-in-law (in- paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is
SEC. 1502. PURPOSE.
cluding adult children and children-in-law) amended by striking ‘‘or satellite commu-
The purpose of this title is to enhance the
of the President. nication’’ each place it appears in clauses (i)
integrity of American democracy and na-
AMENDMENT NO. 15 OFFERED BY MR. GOLDEN OF tional security by improving disclosure re- and (ii) and inserting ‘‘satellite, or qualified
MAINE quirements for online political advertise- internet or digital communication’’.
Page 14, insert after line 8 the following ments in order to uphold the Supreme (B) QUALIFIED INTERNET OR DIGITAL COMMU-
(and redesignate provisions accordingly): Court’s well-established standard that the NICATION.—Paragraph (3) of section 304(f) of
(b) REPORTING REQUIREMENTS RELATED TO electorate bears the right to be fully in- such Act (52 U.S.C. 30104(f)) is amended by
SPOUSES AND DEPENDENT CHILDREN.—Section formed. adding at the end the following new subpara-
102(e)(1) of the Ethics in Government Act of SEC. 1503. SENSE OF CONGRESS. graph:
1978 (5 U.S.C. App.) is amended— It is the sense of Congress that— ‘‘(D) QUALIFIED INTERNET OR DIGITAL COM-
(1) the dramatic increase in digital polit- MUNICATION.—The term ‘qualified internet or
(1) in the matter preceding subparagraph
(A), by inserting after ‘‘paragraphs (1) ical advertisements, and the growing cen- digital communication’ means any commu-
through (5)’’ the following: ‘‘and paragraphs trality of online platforms in the lives of nication which is placed or promoted for a
(9) through (11)’’; and Americans, requires the Congress and the fee on an online platform (as defined in sub-
(2) by inserting after subparagraph (F) the Federal Election Commission to take mean- section (k)(3)).’’.
following: ingful action to ensure that laws and regula- (2) NONAPPLICATION OF RELEVANT ELEC-
tions provide the accountability and trans- TORATE TO ONLINE COMMUNICATIONS.—Section
‘‘(G) In the case of items described in para-
graphs (9) and (10) of subsection (a), all infor- parency that is fundamental to our democ- 304(f)(3)(A)(i)(III) of such Act (52 U.S.C.
mation required to be reported under these racy; 30104(f)(3)(A)(i)(III)) is amended by inserting
paragraphs. (2) free and fair elections require both ‘‘any broadcast, cable, or satellite’’ before
‘‘(H) In the case of items described in para- transparency and accountability which give ‘‘communication’’.
graph (11)(A) of subsection (a), any such the public a right to know the true sources (3) NEWS EXEMPTION.—Section 304(f)(3)(B)(i)
items received by spouse or dependant child of funding for political advertisements in of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is
of the President other than items related to order to make informed political choices and amended to read as follows:
the President’s services as President pro- hold elected officials accountable; and ‘‘(i) a communication appearing in a news
vided for by Federal law, and in the case of (3) transparency of funding for political ad- story, commentary, or editorial distributed
items described in paragraph (11)(B) of sub- vertisements is essential to enforce other through the facilities of any broadcasting
section (a), all information required to be re- campaign finance laws, including the prohi- station or any online or digital newspaper,
ported under that paragraph.’’. bition on campaign spending by foreign na- magazine, blog, publication, or periodical,
tionals. unless such broadcasting, online, or digital
AMENDMENT NO. 16 OFFERED BY MR. ISSA OF
SEC. 1504. EXPANSION OF DEFINITION OF PUBLIC facilities are owned or controlled by any po-
CALIFORNIA
COMMUNICATION. litical party, political committee, or can-
Page 175, insert after line 18 the following (a) IN GENERAL.—Paragraph (22) of section didate;’’.
(and redesignate the succeeding provisions 301 of the Federal Election Campaign Act of (b) EFFECTIVE DATE.—The amendments
accordingly): 1971 (52 U.S.C. 30101(22)) is amended by strik- made by this section shall apply with respect
DIVISION D—SECURITY CLEARANCES OF ing ‘‘or satellite communication’’ and insert- to communications made on or after Janu-
EMPLOYEES OF MEMBER OFFICES ing ‘‘satellite, paid internet, or paid digital ary 1, 2022.
TITLE XV—DETERMINATION OF NUMBER communication’’. SEC. 1506. APPLICATION OF DISCLAIMER STATE-
OF EMPLOYEES WITH SECURITY CLEAR- (b) TREATMENT OF CONTRIBUTIONS AND EX- MENTS TO ONLINE COMMUNICA-
PENDITURES.—Section 301 of such Act (52 TIONS.
ANCES
U.S.C. 30101) is amended— (a) CLEAR AND CONSPICUOUS MANNER RE-
SEC. 1501. EXCLUSION OF EMPLOYEES WITH EX-
ISTING SECURITY CLEARANCES (1) in paragraph (8)(B)(v), by striking ‘‘on QUIREMENT.—Subsection (a) of section 318 of
FROM DETERMINATION OF LIMIT ON broadcasting stations, or in newspapers, the Federal Election Campaign Act of 1971
NUMBER OF EMPLOYEES OF HOUSE magazines, or similar types of general public (52 U.S.C. 30120(a)) is amended—
MEMBER OFFICES PERMITTED TO political advertising’’ and inserting ‘‘in any (1) by striking ‘‘shall clearly state’’ each
HAVE CLEARANCES. public communication’’; and place it appears in paragraphs (1), (2), and (3)
For purposes of any Rule or regulation of (2) in paragraph (9)(B)— and inserting ‘‘shall state in a clear and con-
the House of Representatives which limits (A) by amending clause (i) to read as fol- spicuous manner’’; and
the number of employees of the office of a lows: (2) by adding at the end the following flush
Member of the House (including a Delegate ‘‘(i) any news story, commentary, or edi- sentence: ‘‘For purposes of this section, a
or Resident Commissioner to the Congress) torial distributed through the facilities of communication does not make a statement
who are permitted to have security clear- any broadcasting station or any print, on- in a clear and conspicuous manner if it is dif-
ances, an employee of the office who has a line, or digital newspaper, magazine, blog, ficult to read or hear or if the placement is
valid security clearance which the employee publication, or periodical, unless such broad- easily overlooked.’’.
obtained prior to becoming an employee of casting, print, online, or digital facilities are (b) SPECIAL RULES FOR QUALIFIED INTERNET
the Member’s office shall not be included in owned or controlled by any political party, OR DIGITAL COMMUNICATIONS.—
the determination of the number of employ- political committee, or candidate;’’; and (1) IN GENERAL.—Section 318 of such Act (52
ees of the office who have security clear- (B) in clause (iv), by striking ‘‘on broad- U.S.C. 30120) is amended by adding at the end
ances. casting stations, or in newspapers, maga- the following new subsection:
SEC. 1502. EXERCISE OF RULEMAKING AUTHOR- zines, or similar types of general public po- ‘‘(e) SPECIAL RULES FOR QUALIFIED INTER-
ITY. litical advertising’’ and inserting ‘‘in any NET OR DIGITAL COMMUNICATIONS.—
This title is enacted by Congress— public communication’’. ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE-
(1) as an exercise of the rulemaking power (c) DISCLOSURE AND DISCLAIMER STATE- MENTS.—In the case of any qualified internet
of the House of Representatives, and as such MENTS.—Subsection (a) of section 318 of such or digital communication (as defined in sec-
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it is deemed a part of the rules of the House Act (52 U.S.C. 30120) is amended— tion 304(f)(3)(D)) which is disseminated
of Representatives, and it supersedes other (1) by striking ‘‘financing any communica- through a medium in which the provision of
rules only to the extent that it is incon- tion through any broadcasting station, news- all of the information specified in this sec-
sistent with such rules; and paper, magazine, outdoor advertising facil- tion is not possible, the communication
(2) with full recognition of the constitu- ity, mailing, or any other type of general shall, in a clear and conspicuous manner—
tional right of the House of Representatives public political advertising’’ and inserting ‘‘(A) state the name of the person who paid
to change the rules (so far as relating to the ‘‘financing any public communication’’; and for the communication; and
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H7598 CONGRESSIONAL RECORD — HOUSE December 9, 2021
‘‘(B) provide a means for the recipient of record of any request to purchase on such on- efforts to determine whether or not a request
the communication to obtain the remainder line platform a qualified political advertise- to purchase a qualified political advertise-
of the information required under this sec- ment which is made by a person whose ag- ment was subject to the requirements of this
tion with minimal effort and without receiv- gregate requests to purchase qualified polit- subsection, the online platform shall not be
ing or viewing any additional material other ical advertisements on such online platform considered to be in violation of such require-
than such required information. during the calendar year exceeds $500. ments.
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR ‘‘(B) REQUIREMENTS FOR ADVERTISERS.— ‘‘(7) PENALTIES.—For penalties for failure
AND CONSPICUOUS MANNER.—A statement in Any person who requests to purchase a quali- by online platforms, and persons requesting
qualified internet or digital communication fied political advertisement on an online to purchase a qualified political advertise-
(as defined in section 304(f)(3)(D)) shall be platform shall provide the online platform ment on online platforms, to comply with
considered to be made in a clear and con- with such information as is necessary for the the requirements of this subsection, see sec-
spicuous manner as provided in subsection online platform to comply with the require- tion 309.’’.
(a) if the communication meets the following ments of subparagraph (A). (b) RULEMAKING.—Not later than 120 days
requirements: ‘‘(2) CONTENTS OF RECORD.—A record main- after the date of the enactment of this Act,
‘‘(A) TEXT OR GRAPHIC COMMUNICATIONS.—In tained under paragraph (1)(A) shall contain— the Federal Election Commission shall es-
the case of a text or graphic communication, ‘‘(A) a digital copy of the qualified polit- tablish rules—
the statement— ical advertisement; (1) requiring common data formats for the
‘‘(i) appears in letters at least as large as ‘‘(B) a description of the audience targeted record required to be maintained under sec-
the majority of the text in the communica- by the advertisement, the number of views tion 304(k) of the Federal Election Campaign
tion; and generated from the advertisement, and the Act of 1971 (as added by subsection (a)) so
‘‘(ii) meets the requirements of paragraphs date and time that the advertisement is first that all online platforms submit and main-
(2) and (3) of subsection (c). displayed and last displayed; and tain data online in a common, machine-read-
‘‘(B) AUDIO COMMUNICATIONS.—In the case ‘‘(C) information regarding— able and publicly accessible format;
of an audio communication, the statement is ‘‘(i) the average rate charged for the adver- (2) establishing search interface require-
spoken in a clearly audible and intelligible tisement; ments relating to such record, including
manner at the beginning or end of the com- ‘‘(ii) the name of the candidate to which searches by candidate name, issue, pur-
munication and lasts at least 3 seconds. the advertisement refers and the office to chaser, and date; and
‘‘(C) VIDEO COMMUNICATIONS.—In the case of which the candidate is seeking election, the (3) establishing the criteria for the safe
a video communication which also includes election to which the advertisement refers, harbor exception provided under paragraph
audio, the statement— or the national legislative issue to which the (6) of section 304(k) of such Act (as added by
‘‘(i) is included at either the beginning or advertisement refers (as applicable); subsection (a)).
the end of the communication; and ‘‘(iii) in the case of a request made by, or (c) REPORTING.—Not later than 2 years
‘‘(ii) is made both in— on behalf of, a candidate, the name of the after the date of the enactment of this Act,
‘‘(I) a written format that meets the re- candidate, the authorized committee of the and biannually thereafter, the Chairman of
quirements of subparagraph (A) and appears candidate, and the treasurer of such com- the Federal Election Commission shall sub-
for at least 4 seconds; and mittee; and mit a report to Congress on—
‘‘(iv) in the case of any request not de- (1) matters relating to compliance with
‘‘(II) an audible format that meets the re-
scribed in clause (iii), the name of the person and the enforcement of the requirements of
quirements of subparagraph (B).
purchasing the advertisement, the name and section 304(k) of the Federal Election Cam-
‘‘(D) OTHER COMMUNICATIONS.—In the case
address of a contact person for such person, paign Act of 1971, as added by subsection (a);
of any other type of communication, the
and a list of the chief executive officers or (2) recommendations for any modifications
statement is at least as clear and con-
members of the executive committee or of to such section to assist in carrying out its
spicuous as the statement specified in sub-
the board of directors of such person, and, if purposes; and
paragraph (A), (B), or (C).’’.
the person purchasing the advertisement is (3) identifying ways to bring transparency
(2) NONAPPLICATION OF CERTAIN EXCEP-
acting as the agent of a foreign principal and accountability to political advertise-
TIONS.—The exceptions provided in section
under the Foreign Agents Registration Act ments distributed online for free.
110.11(f)(1)(i) and (ii) of title 11, Code of Fed-
of 1938, as amended (22 U.S.C. 611 et seq.), a SEC. 1508. PREVENTING CONTRIBUTIONS, EX-
eral Regulations, or any successor to such PENDITURES, INDEPENDENT EX-
rules, shall have no application to qualified statement that the person is acting as the
PENDITURES, AND DISBURSEMENTS
internet or digital communications (as de- agent of a foreign principal and the identi-
FOR ELECTIONEERING COMMUNICA-
fined in section 304(f)(3)(D) of the Federal fication of the foreign principal involved. TIONS BY FOREIGN NATIONALS IN
Election Campaign Act of 1971). ‘‘(3) ONLINE PLATFORM.—For purposes of THE FORM OF ONLINE ADVER-
(c) MODIFICATION OF ADDITIONAL REQUIRE- this subsection, the term ‘online platform’ TISING.
MENTS FOR CERTAIN COMMUNICATIONS.—Sec- means any public-facing website, web appli- Section 319 of the Federal Election Cam-
tion 318(d) of such Act (52 U.S.C. 30120(d)) is cation, or digital application (including a so- paign Act of 1971 (52 U.S.C. 30121), as amend-
amended— cial network, ad network, or search engine) ed by section 1401(a), is further amended by
(1) in paragraph (1)(A)— which— adding at the end the following new sub-
(A) by striking ‘‘which is transmitted ‘‘(A) sells qualified political advertise- section:
through radio’’ and inserting ‘‘which is in an ments; and ‘‘(d) RESPONSIBILITIES OF BROADCAST STA-
audio format’’; and ‘‘(B) has 50,000,000 or more unique monthly TIONS, PROVIDERS OF CABLE AND SATELLITE
(B) by striking ‘‘BY RADIO’’ in the heading United States visitors or users for a majority TELEVISION, AND ONLINE PLATFORMS.—
and inserting ‘‘AUDIO FORMAT’’; of months during the preceding 12 months. ‘‘(1) RESPONSIBILITIES DESCRIBED.—Each
(2) in paragraph (1)(B)— ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— television or radio broadcast station, pro-
(A) by striking ‘‘which is transmitted For purposes of this subsection, the term vider of cable or satellite television, or on-
through television’’ and inserting ‘‘which is ‘qualified political advertisement’ means line platform (as defined in section 304(k)(3))
in video format’’; and any advertisement (including search engine shall make reasonable efforts to ensure that
(B) by striking ‘‘BY TELEVISION’’ in the marketing, display advertisements, video ad- communications described in section 318(a)
heading and inserting ‘‘VIDEO FORMAT’’; and vertisements, native advertisements, and and made available by such station, pro-
(3) in paragraph (2)— sponsorships) that— vider, or platform are not purchased by a for-
(A) by striking ‘‘transmitted through radio ‘‘(A) is made by or on behalf of a candidate; eign national, directly or indirectly. For pur-
or television’’ and inserting ‘‘made in audio or poses of the previous sentence, a station,
or video format’’; and ‘‘(B) communicates a message relating to provider, or online platform shall not be con-
(B) by striking ‘‘through television’’ in the any political matter of national importance, sidered to have made reasonable efforts
second sentence and inserting ‘‘in video for- including— under this paragraph in the case of the avail-
mat’’. ‘‘(i) a candidate; ability of a communication unless the sta-
SEC. 1507. POLITICAL RECORD REQUIREMENTS ‘‘(ii) any election to Federal office; or tion, provider, or online platform directly in-
FOR ONLINE PLATFORMS. ‘‘(iii) a national legislative issue of public quires from the individual or entity making
(a) IN GENERAL.—Section 304 of the Federal importance. such purchase whether the purchase is to be
Election Campaign Act of 1971 (52 U.S.C. ‘‘(5) TIME TO MAINTAIN FILE.—The informa- made by a foreign national, directly or indi-
30104), as amended by section 1301(a)(1), is tion required under this subsection shall be rectly.
further amended by adding at the end the made available as soon as possible and shall ‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID
following new subsection: be retained by the online platform for a pe- WITH CREDIT CARD.—For purposes of para-
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‘‘(k) DISCLOSURE OF CERTAIN ONLINE AD- riod of not less than 4 years. graph (1), a television or radio broadcast sta-
VERTISEMENTS.— ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING tion, provider of cable or satellite television,
‘‘(1) IN GENERAL.— BEST EFFORTS TO IDENTIFY REQUESTS WHICH or online platform shall be considered to
‘‘(A) REQUIREMENTS FOR ONLINE PLAT- ARE SUBJECT TO RECORD MAINTENANCE RE- have made reasonable efforts under such
FORMS.—An online platform shall maintain, QUIREMENTS.—In accordance with rules es- paragraph in the case of a purchase of the
and make available for online public inspec- tablished by the Commission, if an online availability of a communication which is
tion in machine readable format, a complete platform shows that the platform used best made with a credit card if—
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7599
‘‘(A) the individual or entity making such TITLE XV—PROHIBITING USE OF ‘‘(1) INJUNCTIVE OR OTHER EQUITABLE RE-
purchase is required, at the time of making DEEPFAKES IN ELECTION CAMPAIGNS LIEF.—A candidate for elective office whose
such purchase, to disclose the credit SEC. 1501. PROHIBITION ON DISTRIBUTION OF voice or likeness appears in a materially de-
verification value of such credit card; and MATERIALLY DECEPTIVE AUDIO OR ceptive audio or visual media distributed in
‘‘(B) the billing address associated with VISUAL MEDIA PRIOR TO ELECTION. violation of this section may seek injunctive
such credit card is located in the United (a) IN GENERAL.—Title III of the Federal or other equitable relief prohibiting the dis-
States or, in the case of a purchase made by Election Campaign Act of 1971 (52 U.S.C. tribution of audio or visual media in viola-
an individual who is a United States citizen 30101 et seq.) is amended by adding at the end tion of this section. An action under this
living outside of the United States, the indi- the following new section: paragraph shall be entitled to precedence in
vidual provides the television or radio broad- ‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF accordance with the Federal Rules of Civil
cast station, provider of cable or satellite MATERIALLY DECEPTIVE MEDIA Procedure.
television, or online platform with the PRIOR TO ELECTION. ‘‘(2) DAMAGES.—A candidate for elective of-
United States mailing address the individual ‘‘(a) IN GENERAL.—Except as provided in fice whose voice or likeness appears in a ma-
uses for voter registration purposes.’’. subsections (b) and (c), a person, political terially deceptive audio or visual media dis-
committee, or other entity shall not, within tributed in violation of this section may
SEC. 1509. INDEPENDENT STUDY ON MEDIA LIT- 60 days of a election for Federal office at
ERACY AND ONLINE POLITICAL CON-
bring an action for general or special dam-
which a candidate for elective office will ap- ages against the person, committee, or other
TENT CONSUMPTION. pear on the ballot, distribute, with actual entity that distributed the materially decep-
(a) INDEPENDENT STUDY.—Not later than 30 malice, materially deceptive audio or visual tive audio or visual media. The court may
days after the date of enactment of this Act, media of the candidate with the intent to in- also award a prevailing party reasonable at-
the Federal Election Commission shall com- jure the candidate’s reputation or to deceive torney’s fees and costs. This paragraph shall
mission an independent study and report on a voter into voting for or against the can- not be construed to limit or preclude a plain-
media literacy with respect to online polit- didate.
tiff from securing or recovering any other
ical content consumption among voting-age ‘‘(b) EXCEPTION.—
available remedy.
Americans. ‘‘(1) REQUIRED LANGUAGE.—The prohibition
‘‘(3) BURDEN OF PROOF.—In any civil action
in subsection (a) does not apply if the audio
(b) ELEMENTS.—The study and report under alleging a violation of this section, the
or visual media includes—
plaintiff shall bear the burden of establishing
subsection (a) shall include the following: ‘‘(A) a disclosure stating: ‘‘This lllll
(1) An evaluation of media literacy skills, the violation through clear and convincing
has been manipulated.’’; and
such as the ability to evaluate sources, syn- evidence.
‘‘(B) filled in the blank in the disclosure
thesize multiple accounts into a coherent ‘‘(e) RULE OF CONSTRUCTION.—This section
under subparagraph (A), the term ‘image’,
understanding of an issue, understand the shall not be construed to alter or negate any
‘video’, or ‘audio’, as most accurately de-
context of communications, and responsibly rights, obligations, or immunities of an
scribes the media.
create and share information, among voting- interactive service provider under section 230
‘‘(2) VISUAL MEDIA.—For visual media, the
age Americans. of title 47, United States Code.
text of the disclosure shall appear in a size
(2) An analysis of the effects of media lit- ‘‘(f) MATERIALLY DECEPTIVE AUDIO OR VIS-
that is easily readable by the average viewer
UAL MEDIA DEFINED.—In this section, the
eracy education and particular media lit- and no smaller than the largest font size of
eracy skills on the ability to critically con- term ‘materially deceptive audio or visual
other text appearing in the visual media. If
sume online political content, including po- media’ means an image or an audio or video
the visual media does not include any other
litical advertising. recording of a candidate’s appearance,
text, the disclosure shall appear in a size
(3) Recommendations for improving vot- speech, or conduct that has been inten-
that is easily readable by the average viewer.
ing-age Americans’ ability to critically con- tionally manipulated in a manner such that
For visual media that is video, the disclosure
sume online political content, including po- both of the following conditions are met:
shall appear for the duration of the video.
litical advertising. ‘‘(1) The image or audio or video recording
‘‘(3) AUDIO-ONLY MEDIA.—If the media con-
would falsely appear to a reasonable person
(c) DEADLINE.—Not later than 270 days sists of audio only, the disclosure shall be
to be authentic.
after the date of enactment of this Act, the read in a clearly spoken manner and in a
‘‘(2) The image or audio or video recording
entity conducting the study and report pitch that can be easily heard by the average
would cause a reasonable person to have a
under subsection (a) shall submit the report listener, at the beginning of the audio, at the
fundamentally different understanding or
to the Commission. end of the audio, and, if the audio is greater
impression of the expressive content of the
than 2 minutes in length, interspersed within
(d) SUBMISSION TO CONGRESS.—Not later image or audio or video recording than that
the audio at intervals of not greater than 2
than 30 days after receiving the report under person would have if the person were hearing
minutes each.
subsection (c), the Commission shall submit ‘‘(c) INAPPLICABILITY TO CERTAIN ENTI- or seeing the unaltered, original version of
the report to the Committee on House Ad- TIES.—This section does not apply to the fol-
the image or audio or video recording.’’.
ministration of the House of Representatives (b) CRIMINAL PENALTIES.—Section 309(d)(1)
lowing:
and the Committee on Rules and Adminis- of the Federal Election Campaign Act of 1971
‘‘(1) A radio or television broadcasting sta-
tration of the Senate, together with such (52 U.S.C. 30109(d)(1)), as amended by section
tion, including a cable or satellite television
comments on the report as the Commission 1303, is further amended by adding at the end
operator, programmer, or producer, that
considers appropriate. the following new subparagraph:
broadcasts materially deceptive audio or vis-
‘‘(G) Any person who knowingly and will-
(e) DEFINITION OF MEDIA LITERACY.—The ual media prohibited by this section as part
fully commits a violation of section 325 shall
term ‘‘media literacy’’ means the ability of a bona fide newscast, news interview, news
be fined not more than $100,000, imprisoned
to— documentary, or on-the-spot coverage of
not more than 5 years, or both.’’.
(1) access relevant and accurate informa- bona fide news events, if the broadcast clear-
(c) EFFECT ON DEFAMATION ACTION.—For
tion through media; ly acknowledges through content or a disclo-
purposes of an action for defamation, a viola-
(2) critically analyze media content and sure, in a manner that can be easily heard or
tion of section 325 of the Federal Election
the influences of media; read by the average listener or viewer, that
Campaign Act of 1971, as added by subsection
(3) evaluate the comprehensiveness, rel- there are questions about the authenticity of
(a), shall constitute defamation per se.
evance, credibility, authority, and accuracy the materially deceptive audio or visual
media. AMENDMENT NO. 19 OFFERED BY MR. SEAN
of information;
‘‘(2) A radio or television broadcasting sta- PATRICK MALONEY OF NEW YORK
(4) make educated decisions based on infor-
mation obtained from media and digital tion, including a cable or satellite television Insert after section 202 the following:
sources; operator, programmer, or producer, when it SEC. 203. FORFEITURE OF BENEFITS FOR
(5) operate various forms of technology and is paid to broadcast materially deceptive FORMER PRESIDENTS CONVICTED
audio or visual media. OF A FELONY.
digital tools; and
(6) reflect on how the use of media and ‘‘(3) An internet website, or a regularly The Act entitled ‘‘An Act to provide retire-
technology may affect private and public published newspaper, magazine, or other pe- ment, clerical assistants, and free mailing
life. riodical of general circulation, including an privileges to former Presidents of the United
internet or electronic publication, that rou- States, and for other purposes’’, approved
AMENDMENT NO. 18 OFFERED BY MR. LYNCH OF tinely carries news and commentary of gen- August 25, 1958 (commonly known as the
MASSACHUSETTS eral interest, and that publishes materially ‘‘Former Presidents Act of 1958’’; 3 U.S.C. 102
deceptive audio or visual media prohibited note), is amended—
Page 157, beginning on line 15, strike
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by this section, if the publication clearly (1) in subsection (a), by striking ‘‘Each
‘‘FOREIGN INTERFERENCE’’ and insert former President’’ and inserting ‘‘Subject to
states that the materially deceptive audio or
‘‘FOREIGN INTERFERENCE; PROHIBITING subsection (h), each former President’’;
visual media does not accurately represent
USE OF DEEPFAKES IN CAMPAIGNS’’. (2) in subsection (f), by striking paragraph
the speech or conduct of the candidate.
Page 175, insert after line 18 the following ‘‘(4) Materially deceptive audio or visual (2) and inserting:
(and redesignate the succeeding provisions media that constitutes satire or parody. ‘‘(2) who has not been impeached by the
accordingly: ‘‘(d) CIVIL ACTION.— House of Representatives and convicted by
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H7600 CONGRESSIONAL RECORD — HOUSE December 9, 2021
the Senate pursuant to the impeachment.’’; added as section 203 of the National Emer- ment participate in any particular matter
and gencies Act), insert ‘‘or joint resolution of involving specific parties that is directly and
(3) by adding at the end the following new termination’’ after ‘‘joint resolution of ap- substantially related to my former employer
subsection: proval’’ each place it appears (except for or former clients, including regulations and
‘‘(h)(1) If a former President is finally con- page 68, line 2, and page 68, line 6). contracts.
victed of a felony for which every act or Page 71, after line 7, insert the following: ‘‘(3) Revolving Door Ban; Lobbyists and
omission that is needed to satisfy the ele- ‘‘SEC. 204. BAR ON PERMANENT EMERGENCIES. Registered Agents Entering Government.—If
ments of the felony is committed during or ‘‘(a) IN GENERAL.—Any national emergency I was registered under the Lobbying Disclo-
after the period such former President holds declared by the President under section sure Act, 2 U.S.C. 1601 et seq., or the Foreign
the office of President of the United States 201(a), and not otherwise terminated, shall Agents Registration Act (FARA), 22 U.S.C.
of America, or was finally convicted of such automatically terminate on the date that is 611 et seq., within the 2 years before the date
a felony while holding such office— 5 years after the date of its declaration. of my appointment, in addition to abiding by
‘‘(A) no monetary allowance under sub- ‘‘(b) EMERGENCIES ALREADY IN EFFECT.— the limitations of paragraph 2, I will not for
section (a) may be provided to such former Any national emergency declaration that re-
President; a period of 2 years after the date of my ap-
mains in force as of the date of the enact- pointment:
‘‘(B) no funds may be obligated or expended ment of this section and—
under subsection (g) with respect to such ‘‘(A) participate in any particular matter
‘‘(1) has been in effect for 3 years or fewer
former President except to the extent nec- on which I lobbied, or engaged in registrable
as of such date, shall automatically termi-
essary to maintain the security of such activity under FARA, within the 2 years be-
nate on the date that is 5 years after the
former President, as determined by the Di- fore the date of my appointment;
date of the enactment of this section; or
rector of the Secret Service; and ‘‘(B) participate in the specific issue area
‘‘(2) has been in effect for more than 3
‘‘(C) such former President shall repay any in which that particular matter falls; or
years as of such date, shall automatically
amounts received under subsection (a) dur- terminate on the date that is 2 years after ‘‘(C) seek or accept employment with any
ing the period beginning on the date on the date of the enactment of this section. executive agency with respect to which I lob-
which such former President is initially con- ‘‘(c) EFFECT OF TERMINATION.—If a national bied, or engaged in registrable activity under
victed of the felony and ending on the date emergency declaration terminates pursuant FARA, within the 2 years before the date of
such former President is finally convicted of to this section, no emergency may subse- my appointment.
the felony. quently be declared based on substantially ‘‘(4) Revolving Door Ban; Appointees Leav-
‘‘(2) The term ‘finally convicted’ means a the same circumstances.’’. ing Government.—If, upon my departure
conviction— Page 71, line 8, strike ‘‘Sec. 204.’’ and insert from the Government, I am covered by the
‘‘(A) which has not been appealed and is no ‘‘Sec. 205.’’. post-employment restrictions on commu-
longer appealable because the time for tak- AMENDMENT NO. 21 OFFERED BY MS. OCASIO- nicating with employees of my former execu-
ing an appeal has expired; or CORTEZ OF NEW YORK tive agency set forth in section 207(c) of title
‘‘(B) which has been appealed and the ap- 18, United States Code, and its implementing
peals process for which is completed.’’. At the end of title X, add the following:
regulations, I agree that I will abide by those
SEC. 1003. INCLUDING EXECUTIVE OFFICE OF
AMENDMENT NO. 20 OFFERED BY MR. MCGOVERN restrictions for a period of 2 years following
THE PRESIDENT UNDER LIMITATION
OF MASSACHUSETTS ON NEPOTISM IN THE CIVIL SERV- the end of my appointment. I will abide by
Page 59, line 18, insert ‘‘substantially’’ be- ICE. these same restrictions with respect to com-
fore ‘‘the same’’. Section 3110(a)(1)(A) of title 5, United municating with the senior White House
Page 60, after line 8, insert the following: States Code, is amended by inserting ‘‘, in- staff.
‘‘(e) LIMITATIONS.— cluding the Executive Office of the Presi- ‘‘(5) Revolving Door Ban; Senior and Very
‘‘(1) IN GENERAL.—Any emergency powers dent’’ after ‘‘Executive agency’’. Senior Appointees Leaving Government.— If,
invoked by the President pursuant to a na- upon my departure from the Government, I
AMENDMENT NO. 22 OFFERED BY MS. OCASIO-
tional emergency declared under this section am covered by the post-employment restric-
CORTEZ OF NEW YORK
shall relate to the nature of, and may be tions set forth in sections 207(c) or 207(d) of
used only to address, that emergency. Insert after section 1002 the following:
title 18, United States Code, and those sec-
‘‘(2) AUTHORIZATION OR FUNDING WITH- Subtitle B—Strengthening Ethics Enforce- tions’ implementing regulations, I agree
HELD.—No authority available to the Presi- ment and Penalties for Federal Executive that, in addition, for a period of 1 year fol-
dent during a national emergency declared Employees lowing the end of my appointment, I will not
under this section may be used to provide SEC. 1011. ETHICS PLEDGE. materially assist others in making commu-
authorization or funding for any program, Every appointee in every executive agency nications or appearances that I am prohib-
project, or activity for which Congress, on or appointed on or after January 20, 2021, shall ited from undertaking myself by—
after the date of the events giving rise to the sign, and upon signing shall be contractually ‘‘(A) holding myself out as being available
emergency declaration, has withheld author- committed to, the following pledge upon be- to engage in lobbying activities in support of
ization or funding.’’. coming an appointee: any such communications or appearances; or
Page 62, line 17, insert ‘‘, including a joint ‘‘I recognize that this pledge is part of a
resolution of termination defined in section ‘‘(B) engaging in any such lobbying activi-
broader ethics in government plan designed ties.
203,’’ before ‘‘terminating the emergency’’. to restore and maintain public trust in gov-
Page 62, line 17, strike ‘‘; or’’ and insert a ‘‘(6) Revolving Door Ban; Appointees Leav-
ernment, and I commit myself to conduct ing Government to Lobby.—In addition to
semicolon. consistent with that plan. I commit to deci-
Page 62, line 19, strike the period at the abiding by the limitations of paragraph 4, I
sion-making on the merits and exclusively in also agree, upon leaving Government service,
end and insert ‘‘; or’’.
Page 62, after line 19, insert the following: the public interest, without regard to private not to lobby any covered executive branch
‘‘(E) the date provided for in section 204.’’. gain or personal benefit. I commit to con- official or non-career Senior Executive Serv-
Page 64, after line 3, insert the following duct that upholds the independence of law ice appointee, or engage in any activity on
(and redesignate the subsequent subsections enforcement and precludes improper inter-
behalf of any foreign government or foreign
accordingly in the matter proposed to be ference with investigative or prosecutorial
political party which, were it undertaken on
added as section 203 of the National Emer- decisions of the Department of Justice. I
January 20, 2021, would require that I reg-
gencies Act): commit to ethical choices of post-Govern-
ister under FARA, for the remainder of the
‘‘(b) JOINT RESOLUTION OF TERMINATION DE- ment employment that do not raise the ap-
Administration or 2 years following the end
FINED.—In this section, the term ‘joint reso- pearance that I have used my Government
service for private gain, including by using of my appointment, whichever is later.
lution of termination’ means a resolution in- ‘‘(7) Golden Parachute Ban.—I have not ac-
troduced in the House or Senate to termi- confidential information acquired and rela-
tionships established for the benefit of future cepted and will not accept, including after
nate— entering Government, any salary or other
‘‘(1) a national emergency declared under clients.
‘‘Accordingly, as a condition, and in con- cash payment from my former employer the
this Act; or eligibility for and payment of which is lim-
‘‘(2) the exercise of any authorities pursu- sideration, of my employment in the United
States Government in a position invested ited to individuals accepting a position in
ant to that emergency.’’.
with the public trust, I commit myself to the the United States Government. I also have
Page 64, line 5, insert ‘‘AND JOINT RESOLU-
TIONS OF TERMINATION’’ after ‘‘APPROVAL’’. following obligations, which I understand are not accepted and will not accept any non-
Page 64, strike lines 14 through 16 (relating binding on me and are enforceable under law: cash benefit from my former employer that
is provided in lieu of such a prohibited cash
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to the matter proposed to be added as a para- ‘‘(1) Lobbyist Gift Ban.—I will not accept
graph (2)) and redesignate the subsequent gifts from registered lobbyists or lobbying payment.
paragraphs accordingly. organizations for the duration of my service ‘‘(8) Employment Qualification Commit-
Page 67, beginning line 17, strike ‘‘a mo- as an appointee. ment.—I agree that any hiring or other em-
tion’’ and insert ‘‘another motion’’. ‘‘(2) Revolving Door Ban; All Appointees ployment decisions I make will be based on
Page 63, beginning line 10, through page 71, Entering Government.—I will not for a pe- the candidate’s qualifications, competence,
line 7, (relating to the matter proposed to be riod of 2 years from the date of my appoint- and experience.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7601
‘‘(9) Assent to Enforcement.—I acknowl- plies to a particular matter of general appli- (2) the uniqueness of the individual’s quali-
edge that title XVI of the Protecting Our De- cability and participation in the meeting or fications to meet the government’s needs;
mocracy Act, which I have read before sign- other event is open to all interested parties. (3) the scope and nature of the individual’s
ing this document, defines certain of the (11) ‘‘Former employer’’ is any person for prior lobbying activities, including whether
terms applicable to the foregoing obligations whom the appointee has within the 2 years such activities were de minimis or rendered
and sets forth the methods for enforcing prior to the date of his or her appointment on behalf of a nonprofit organization; and
them. I expressly accept the provisions of served as an employee, officer, director, (4) the extent to which the purposes of the
that title as a part of this agreement and as trustee, or general partner, except that restriction may be satisfied through other
binding on me. I understand that the terms ‘‘former employer’’ does not include any ex- limitations on the individual’s services, such
of this pledge are in addition to any statu- ecutive agency or other entity of the Federal as those required by paragraph (3)(A) of the
tory or other legal restrictions applicable to Government, State or local government, the pledge.
me by virtue of Federal Government serv- District of Columbia, Native American tribe, SEC. 1014. ADMINISTRATION.
ice.’’. any United States territory or possession, or
SEC. 1012. DEFINITIONS. any international organization in which the (a) The head of every executive agency
United States is a member state. shall, in consultation with the Director of
For purposes of this title and the pledge
(12) ‘‘Former client’’ is any person for the Office of Government Ethics, establish
set forth in section 1101 of this title:
whom the appointee served personally as such rules or procedures (conforming as
(1) ‘‘Executive agency’’ shall include each
agent, attorney, or consultant within the 2 nearly as practicable to the agency’s general
‘‘executive agency’’ as defined by section 105
years prior to the date of his or her appoint- ethics rules and procedures, including those
of title 5, United States Code, and shall in-
ment, but excluding instances where the relating to designated agency ethics officers)
clude the Executive Office of the President;
service provided was limited to speeches or as are necessary or appropriate to ensure—
provided, however, that ‘‘executive agency’’
similar appearances. It does not include cli- (1) that every appointee in the agency
shall include the United States Postal Serv-
ents of the appointee’s former employer to signs the pledge upon assuming the ap-
ice and Postal Regulatory Commission, but
whom the appointee did not personally pro- pointed office or otherwise becoming an ap-
shall exclude the Government Account-
vide services. pointee;
ability Office.
(13) ‘‘Directly and substantially related to (2) that compliance with paragraph (3) of
(2) ‘‘Appointee’’ shall include every full-
my former employer or former clients’’ shall the pledge is addressed in a written ethics
time, non-career Presidential or Vice-Presi-
mean matters in which the appointee’s agreement with each appointee to whom it
dential appointee, non-career appointee in
former employer or a former client is a party applies, which agreement shall also be ap-
the Senior Executive Service (or other SES-
or represents a party. proved by the Counsel to the President prior
type system), and appointee to a position
(14) ‘‘Participate’’ means to participate to the appointee commencing work;
that has been excepted from the competitive
personally and substantially. (3) that spousal employment issues and
service by reason of being of a confidential
(15) ‘‘Government official’’ means any em- other conflicts not expressly addressed by
or policymaking character (Schedule C and
ployee of the executive branch. the pledge are addressed in ethics agree-
other positions excepted under comparable
(16) ‘‘Administration’’ means all terms of ments with appointees or, where no such
criteria) in an executive agency. It does not
office of the incumbent President serving at agreements are required, through ethics
include any person appointed as a member of
the time of the appointment of an appointee counseling; and
the Senior Foreign Service or solely as a uni-
covered by this title. (4) that the agency generally complies with
formed service commissioned officer.
(17) ‘‘Pledge’’ means the ethics pledge set this title.
(3) ‘‘Gift’’—
(A) shall have the definition set forth in forth in section 1011 of this title. (b) With respect to the Executive Office of
section 2635.203(b) of title 5, Code of Federal (18) ‘‘Senior White House staff’’ means any the President, the duties set forth in sub-
Regulations; person appointed by the President to a posi- section (a) shall be the responsibility of the
(B) shall include gifts that are solicited or tion under sections 105(a)(2)(A) or (B) of title Counsel to the President.
accepted indirectly, as defined in section 3, United States Code, or by the Vice Presi- (c) The Director of the Office of Govern-
2635.203(f) of title 5, Code of Federal Regula- dent to a position under sections 106(a)(1)(A) ment Ethics shall—
tions; and or (B) of title 3. (1) ensure that the pledge and a copy of
(C) shall exclude those items excluded by (19) All references to provisions of law and this title are made available for use by agen-
sections 2635.204(b), (c), (e)(1) and (3), and (j) regulations shall refer to such provisions as cies in fulfilling their duties under sub-
through (l) of title 5, Code of Federal Regula- are in effect on January 20, 2021. section (a);
tions. SEC. 1013. WAIVER. (2) in consultation with the Attorney Gen-
(4) ‘‘Covered executive branch official’’ and (a) The Director of the Office of Manage- eral or the Counsel to the President, when
‘‘lobbyist’’ shall have the definitions set ment and Budget (OMB), in consultation appropriate, assist designated agency ethics
forth in section 1602 of title 2, United States with the Counsel to the President, may officers in providing advice to current or
Code. grant to any current or former appointee a former appointees regarding the application
(5) ‘‘Registered lobbyist or lobbying orga- written waiver of any restrictions contained of the pledge; and
nization’’ shall mean a lobbyist or an organi- in the pledge signed by such appointee if, and (3) in consultation with the Attorney Gen-
zation filing a registration pursuant to sec- to the extent that, the Director of OMB cer- eral and the Counsel to the President, adopt
tion 1603(a) of title 2, United States Code, tifies in writing:— such rules or procedures as are necessary or
and in the case of an organization filing such (1) that the literal application of the re- appropriate—
a registration, ‘‘registered lobbyist’’ shall in- striction is inconsistent with the purposes of (A) to carry out the foregoing responsibil-
clude each of the lobbyists identified there- the restriction; or ities;
in. (2) that it is in the public interest to grant (B) to authorize limited exceptions to the
(6) ‘‘Lobby’’ and ‘‘lobbied’’ shall mean to the waiver. Any such written waiver should lobbyist gift ban for circumstances that do
act or have acted as a registered lobbyist. reflect the basis for the waiver and, in the not implicate the purposes of the ban;
(7) ‘‘Lobbying activities’’ shall have the case of a waiver of the restrictions set forth (C) to make clear that no person shall have
definition set forth in section 1602 of title 2, in paragraphs (3)(B) and (C) of the pledge, a violated the lobbyist gift ban if the person
United States Code. discussion of the findings with respect to the properly disposes of a gift as provided by sec-
(8) ‘‘Materially assist’’ means to provide factors set forth in subsection (b) of this sec- tion 2635.206 of title 5, Code of Federal Regu-
substantive assistance but does not include tion. lations;
providing background or general education (b) A waiver shall take effect when the cer- (D) to ensure that existing rules and proce-
on a matter of law or policy based upon an tification is signed by the Director of OMB dures for Government employees engaged in
individual’s subject matter expertise, nor and shall be made public within 10 days negotiations for future employment with pri-
any conduct or assistance permitted under thereafter. vate businesses that are affected by the em-
section 207(j) of title 18, United States Code. (c) The public interest shall include, but ployees’ official actions do not affect the in-
(9) ‘‘Particular matter’’ shall have the not be limited to, exigent circumstances re- tegrity of the Government’s programs and
same meaning as set forth in section 207 of lating to national security, the economy, operations; and
title 18, United States Code, and section public health, or the environment. In deter- (E) to ensure, in consultation with the Di-
2635.402(b)(3) of title 5, Code of Federal Regu- mining whether it is in the public interest to rector of the Office of Personnel Manage-
lations. grant a waiver of the restrictions contained ment, that the requirement set forth in para-
(10) ‘‘Particular matter involving specific in paragraphs (3)(B) and (C) of the pledge, the graph (6) of the pledge is honored by every
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parties’’ shall have the same meaning as set responsible official may consider the fol- employee of the executive branch; and
forth in section 2641.201(h) of title 5, Code of lowing factors— (4) in consultation with the Director of
Federal Regulations, except that it shall also (1) the government’s need for the individ- OMB, report to the President on whether full
include any meeting or other communica- ual’s services, including the existence of spe- compliance is being achieved with existing
tion relating to the performance of one’s of- cial circumstances related to national secu- laws and regulations governing executive
ficial duties with a former employer or rity, the economy, public health, or the envi- branch procurement lobbying disclosure.
former client, unless the communication ap- ronment; This report shall include recommendations
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H7602 CONGRESSIONAL RECORD — HOUSE December 9, 2021
on steps the executive branch can take to ex- ing an accounting and payment to the ‘‘(B) for a person—
pand, to the fullest extent practicable, dis- United States Treasury of all money and ‘‘(i) to make a donation to an Inaugural
closure of both executive branch procure- other things of value received by, or payable Committee in the name of another person, or
ment lobbying and of lobbying for Presi- to, the former employee arising out of any to knowingly authorize his or her name to be
dential pardons. These recommendations breach or attempted breach of the pledge used to effect such a donation;
shall include both immediate actions the ex- signed by the former employee. ‘‘(ii) to knowingly accept a donation to an
ecutive branch can take and, if necessary, SEC. 1016. GENERAL PROVISIONS. Inaugural Committee made by a person in
recommendations for legislation; and (a) If any provision of this title or the ap- the name of another person; or
(5) provide an annual public report on the plication of such provision is held to be in- ‘‘(iii) to convert a donation to an Inaugural
administration of the pledge and this title. valid, the remainder of this title and other Committee to personal use as described in
(d) The Director of the Office of Govern- dissimilar applications of such provision paragraph (2); and
ment Ethics shall, in consultation with the shall not be affected. ‘‘(C) for a foreign national to, directly or
Attorney General, the Counsel to the Presi- (b) Nothing in this title shall be construed indirectly, make a donation, or make an ex-
dent, and the Director of the Office of Per- to impair or otherwise affect— press or implied promise to make a donation,
sonnel Management, report to the President (1) the authority granted by law to an ex- to an Inaugural Committee.
on steps the executive branch can take to ex- ecutive department or agency, or the head ‘‘(2) CONVERSION OF DONATION TO PERSONAL
pand to the fullest extent practicable the re- thereof; or USE.—For purposes of paragraph (1)(B)(iii), a
volving door ban set forth in paragraph (5) of (2) the functions of the Director of the Of- donation shall be considered to be converted
the pledge to all executive branch employees fice of Management and Budget relating to to personal use if any part of the donated
who are involved in the procurement process budgetary, administrative, or legislative amount is used—
such that they may not for 2 years after proposals. ‘‘(A) to fulfill a commitment, obligation,
leaving Government service lobby any Gov- (c) This title shall be implemented con- or expense of a person that would exist irre-
ernment official regarding a Government sistent with applicable law and subject to spective of the responsibilities of the Inau-
contract that was under their official respon- the availability of appropriations. gural Committee; or
sibility in the last 2 years of their Govern- (d) This title is not intended to, and does ‘‘(B) to benefit the personal business ven-
ment service. This report shall include both not, create any right or benefit, substantive ture of the President or Vice President of the
immediate actions the executive branch can or procedural, enforceable at law or in equity United States, the Inaugural Committee, or
take and, if necessary, recommendations for by any party against the United States, its an immediate family member of such indi-
legislation. departments, agencies, or entities, its offi- viduals.
(e) All pledges signed by appointees, and cers, employees, or agents, or any other per- ‘‘(3) NO EFFECT ON DISBURSEMENT OF UNUSED
all waiver certifications with respect there- son. FUNDS TO NONPROFIT ORGANIZATIONS.—Noth-
to, shall be filed with the head of the ap- AMENDMENT NO. 23 OFFERED BY MS. OCASIO- ing in this subsection may be construed to
pointee’s agency for permanent retention in CORTEZ OF NEW YORK prohibit an Inaugural Committee from dis-
the appointee’s official personnel folder or Page 17, insert after line 9 the following bursing unused funds to an organization
equivalent folder. (and conform the table of contents accord- which is described in section 501(c)(3) of the
SEC. 1015. ENFORCEMENT. ingly): Internal Revenue Code of 1986 and is exempt
(a) The contractual, fiduciary, and ethical SEC. 308. RULEMAKING FOR ETHICS REQUIRE- from taxation under section 501(a) of such
commitments in the pledge provided for MENTS FOR LEGAL EXPENSE FUNDS. Code.
herein are solely enforceable by the United (a) IN GENERAL.—Not later than 1 year ‘‘(b) LIMITATION ON DONATIONS.—
States pursuant to this section by any le- after the date of enactment of this Act, the ‘‘(1) IN GENERAL.—It shall be unlawful for
gally available means, including debarment Director of the Office of Government Ethics an individual to make donations to an Inau-
proceedings within any affected executive shall finalize a rule establishing ethics re- gural Committee which, in the aggregate, ex-
agency or judicial civil proceedings for de- quirements for the establishment or oper- ceed $50,000.
claratory, injunctive, or monetary relief. ation of a legal expense fund for the benefit ‘‘(2) INDEXING.—At the beginning of each
(b) Any former appointee who is deter- of the President, the Vice President, or any Presidential election year (beginning with
mined, after notice and hearing, by the duly political appointee (as such term is defined 2028), the amount described in paragraph (1)
designated authority within any agency, to in section 1216 of title 5, United States Code) shall be increased by the cumulative percent
have violated his or her pledge may be consistent with the requirements of sub- difference determined in section 315(c)(1)(A)
barred from lobbying any officer or employee section (b). since the previous Presidential election year.
of that agency for up to 5 years in addition (b) LIMITATIONS ON ACCEPTANCE OF CERTAIN If any amount after such increase is not a
to the time period covered by the pledge. The PAYMENTS.—A legal expense fund described multiple of $1,000, such amount shall be
head of every executive agency shall, in con- in subsection (a) may not accept any con- rounded to the nearest multiple of $1,000.
sultation with the Director of the Office of tribution or other payment made by— ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS
Government Ethics, establish procedures to (1) an individual who is a registered lob- AND DISBURSEMENTS.—
implement this subsection, which procedures byist under the Lobbying Disclosure Act of ‘‘(1) DONATIONS OVER $1,000.—
shall include (but not be limited to) pro- 1995 (2 U.S.C. 1601 et seq.); or ‘‘(A) IN GENERAL.—An Inaugural Com-
viding for fact-finding and investigation of (2) an agent of a foreign principal. mittee shall file with the Commission a re-
possible violations of this title and for refer- In the case of any such contribution being port disclosing any donation by an indi-
rals to the Attorney General for consider- made, the legal expense fund shall take ap- vidual to the committee in an amount of
ation pursuant to subsection (c) of this sec- propriate remedial action and the Director of $1,000 or more not later than 24 hours after
tion. the Office of Government Ethics may assess the receipt of such donation.
(c) The Attorney General is authorized— a fine against the individual or agent. For ‘‘(B) CONTENTS OF REPORT.—A report filed
(1) upon receiving information regarding purposes of this section, the term ‘‘agent of under subparagraph (A) shall contain—
the possible breach of any commitment in a a foreign principal’’ has the meaning given ‘‘(i) the amount of the donation;
signed pledge, to request any appropriate such term under section 1 of the Foreign ‘‘(ii) the date the donation is received; and
Federal investigative authority to conduct Agents Registration Act of 1938, as amended ‘‘(iii) the name and address of the indi-
such investigations as may be appropriate; (2 U.S.C. 611). vidual making the donation.
and AMENDMENT NO. 24 OFFERED BY MS. OCASIO- ‘‘(2) FINAL REPORT.—Not later than the
(2) upon determining that there is a rea- CORTEZ OF NEW YORK date that is 90 days after the date of the
sonable basis to believe that a breach of a Page 17, after line 9, insert the following: Presidential inaugural ceremony, the Inau-
commitment has occurred or will occur or SEC. 308. LIMITATIONS AND DISCLOSURE OF gural Committee shall file with the Commis-
continue, if not enjoined, to commence a CERTAIN DONATIONS TO, AND DIS- sion a report containing the following infor-
civil action against the former employee in BURSEMENTS BY, INAUGURAL COM- mation:
any United States District Court with juris- MITTEES. ‘‘(A) For each donation of money or any-
diction to consider the matter. (a) REQUIREMENTS FOR INAUGURAL COMMIT- thing of value made to the committee in an
(d) In any such civil action, the Attorney TEES.—Title III of the Federal Election Cam- aggregate amount equal to or greater than
General is authorized to request any and all paign Act of 1971 (52 U.S.C. 30101 et seq.) is $200—
relief authorized by law, including but not amended by adding at the end the following ‘‘(i) the amount of the donation;
limited to: new section: ‘‘(ii) the date the donation is received; and
(1) such temporary restraining orders and ‘‘SEC. 325. INAUGURAL COMMITTEES. ‘‘(iii) the name and address of the indi-
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preliminary and permanent injunctions as ‘‘(a) PROHIBITED DONATIONS.— vidual making the donation.
may be appropriate to restrain future, recur- ‘‘(1) IN GENERAL.—It shall be unlawful— ‘‘(B) The total amount of all disburse-
ring, or continuing conduct by the former ‘‘(A) for an Inaugural Committee— ments, and all disbursements in the fol-
employee in breach of the commitments in ‘‘(i) to solicit, accept, or receive a donation lowing categories:
the pledge he or she signed; and from a person that is not an individual; or ‘‘(i) Disbursements made to meet com-
(2) establishment of a constructive trust ‘‘(ii) to solicit, accept, or receive a dona- mittee operating expenses.
for the benefit of the United States, requir- tion from a foreign national; ‘‘(ii) Repayment of all loans.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7603
‘‘(iii) Donation refunds and other offsets to (c) CRIMINAL PENALTY.— ‘‘(d) Nothing in this section or section 7324
donations. (1) IN GENERAL.—Subchapter III of chapter shall be construed to prohibit an employee
‘‘(iv) Any other disbursements. 73 of title 5, United States Code, is amended from allowing a Member of Congress or any
‘‘(C) The name and address of each per- by adding after section 7326 the following: other elected official from visiting Federal
son— ‘‘§ 7328. Criminal penalty for Hatch Act viola- facilities for an official purpose, including
‘‘(i) to whom a disbursement in an aggre- tions receiving briefings, tours, or other official
gate amount or value in excess of $200 is ‘‘(a) IN GENERAL.—Any person who know- information.’’.
made by the committee to meet a committee ingly violates section 7323 or 7324 shall be (b) TECHNICAL AND CONFORMING AMEND-
operating expense, together with date, fined $50,000 (notwithstanding section 3571(e) MENTS.—Such section 7323 is further amend-
amount, and purpose of such operating ex- of title 18), or imprisoned for not more than ed—
pense; 1 year, or both. Notwithstanding section (1) in subsection (a)(1), by striking ‘‘his’’
‘‘(ii) who receives a loan repayment from 3571(e) of title 18, for each violation after the and inserting ‘‘the employee’s’’; and
the committee, together with the date and first, the fine applicable under this section (2) in subsection (c)—
amount of such loan repayment; shall be double the amount of the fine as- (A) by striking ‘‘he’’ and inserting ‘‘the
‘‘(iii) who receives a donation refund or sessed for the previous violation. employee’’; and
other offset to donations from the com- ‘‘(b) ATTORNEY FEES.—A court may assess (B) by striking ‘‘his’’ and inserting ‘‘the
mittee, together with the date and amount against the United States reasonable attor- employee’s’’.
of such disbursement; and ney fees and other litigation costs reason- SEC. 1005. APPLYING HATCH ACT TO PRESIDENT
‘‘(iv) to whom any other disbursement in ably incurred in any case under this section AND VICE PRESIDENT WHILE ON
an aggregate amount or value in excess of in which an employee has established, by a FEDERAL PROPERTY.
$200 is made by the committee, together with preponderance of the evidence, that a supe- (a) IN GENERAL.—Subchapter III of chapter
the date and amount of such disbursement. rior ordered or otherwise coerced the em- 73 of title 5, United States Code, as amended
‘‘(d) VIOLATION.—A violation of this section ployee into taking any act that resulted in a by section 1002(c), is further amended by re-
may be enforced pursuant to the practice violation of such section 7323 or 7324.’’. designating section 7326 as section 7327 and
and procedure described under section 309 of (2) CLERICAL AMENDMENT.—The table of by inserting after section 7325 the following:
the Federal Election Campaign Act of 1971 sections of such subchapter is amended by ‘‘§ 7326. Limitations on political activity of
(52 U.S.C. 30109). inserting after the item relating to section president and vice president while on
‘‘(e) RULE OF CONSTRUCTION.—Nothing in 7326 the following: White House grounds
this section may be construed to limit the ‘‘7328. Criminal penalty for Hatch Act viola-
authority of a Federal agency to enforce a ‘‘Notwithstanding section 7322(1), the pro-
tions.’’.
Federal law with respect to an Inaugural hibitions on political activity under section
(3) TRAINING.—After an individual’s first
Committee. 7323(a) and section 7324 shall apply to the
violation of section 7323 or 7324 of title 5,
‘‘(f) DEFINITIONS.—For purposes of this sec- President and Vice President while the
United States Code, such individual shall be
tion: President and Vice President are on or in
provided training by the employing agency
‘‘(1)(A) The term ‘donation’ includes— any part of the White House and White
on how to avoid subsequent violations of ei-
‘‘(i) any gift, subscription, loan, advance, House grounds that is regularly used in the
ther such section.
or deposit of money or anything of value Insert after section 1002 the following: discharge of official duties.’’.
made by any person to the committee; or (b) CLERICAL AMENDMENT.—The table of
SEC. 1003. DISCLOSURE OF HATCH ACT INVES-
‘‘(ii) the payment by any person of com- TIGATIONS FOR CERTAIN POLITICAL sections of such subchapter, as amended by
pensation for the personal services of an- EMPLOYEES. section 1002(c), is fruther amended by strik-
other person which are rendered to the com- Section 1216 of title 5, United States Code, ing the item relating to section 7326 and in-
mittee without charge for any purpose. is amended by adding at the end the fol- serting the following:
‘‘(B) The term ‘donation’ does not include lowing: ‘‘7326. Limitations on political activity of
the value of services provided without com- ‘‘(d)(1) With respect to any investigation of President and Vice President
pensation by any individual who volunteers an allegation of prohibited activity under while on Federal property
on behalf of the committee. subsection (a)(1) against a political em- ‘‘7327. Penalties’’.
‘‘(2) The term ‘foreign national’ has the ployee, not later than 14 days after the Spe- SEC. 1006. GRANTING THE OFFICE OF SPECIAL
meaning given that term by section 319(b). cial Counsel makes a final determination COUNSEL RULEMAKING AUTHORITY.
‘‘(3) The term ‘immediate family member’ under such investigation with respect to Notwithstanding any other law, rule, or
means a parent, parent-in-law, spouse, adult whether a violation occurred, the Special regulation, the Office of Special Counsel
child, or sibling. Counsel shall— shall have exclusive authority to promulgate
‘‘(4) The term ‘Inaugural Committee’ has ‘‘(A) publish, on the Office of Special Coun- regulations with respect to authority grant-
the meaning given that term by section 501 sel’s website, such determination and a re- ed to the Office under the Hatch Act.
of title 36, United States Code.’’. port on that determination; and
SEC. 1007. GREATER ACCOUNTABILITY FOR PO-
(b) CONFIRMING AMENDMENT RELATED TO ‘‘(B) submit such report to the Committee LITICAL APPOINTEES.
REPORTING REQUIREMENTS.—Section 304 of on Oversight and Reform of the House of
Section 1204(c) of title 5, United States
the Federal Election Campaign Act (52 Representatives and the Committee on
Code, is amended by adding at the end the
U.S.C. 30104) is amended— Homeland Security and Governmental Af-
following: ‘‘Notwithstanding the previous
(1) by striking subsection (h); and fairs of the Senate.
‘‘(2) In this subsection, the term ‘political sentences, in the case of contumacy or fail-
(2) by redesignating subsection (i) as sub-
employee’ means any individual occupying ure by an individual to obey a subpoena
section (h).
any of the following positions in the execu- issued under subsection (b)(2)(A) or section
(c) CONFORMING AMENDMENT RELATED TO
tive branch of Government (including an in- 1214(b) with respect to an investigation into
STATUS OF COMMITTEE.—Section 510 of title
dividual carrying out the duties of a position any violation of section 7323 or 7324, the
36, United States Code, is amended to read as
described in paragraph (1) in an acting capac- Board may issue an order requiring that in-
follows:
ity): dividual to appear at any designated place to
‘‘§ 510. Disclosure of and prohibition on cer- testify or to produce documentary or other
tain donations ‘‘(A) Any position required to be filled by
an appointment by the President by and evidence.’’.’’.
‘‘A committee shall not be considered to be SEC. 1008. INVESTIGATING FORMER POLITICAL
the Inaugural Committee for purposes of this with the advice and consent of the Senate.
‘‘(B) Any position in the executive branch EMPLOYEES.
chapter unless the committee agrees to, and Notwithstanding any other provision of
meets, the requirements of section 325 of the of the Government of a confidential or pol-
icy-determining character under schedule C law, the Office of Special Counsel may con-
Federal Election Campaign Act of 1971.’’. tinue an investigation of a violation of sec-
(d) EFFECTIVE DATE.—The amendments of subpart C of part 213 of title 5, Code of
Federal Regulations. tion 7323 or 7324 of title 5, United States
made by this section shall apply with respect
‘‘(C) Any position in or under the Execu- Code, of an individual who is a former em-
to Inaugural Committees established under
tive Office of the President. ployee but only if such investigation com-
chapter 5 of title 36, United States Code, for
‘‘(D) Any position in or under the Office of menced while the individual was an em-
inaugurations held in 2025 and any suc-
the Vice President. ployee. In this section, the term ‘‘employee’’
ceeding year.
‘‘(E) Any position in the Senior Executive has the meaning given that term in section
AMENDMENT NO. 26 OFFERED BY MS. OMAR OF 7322(1) of such title.
Service that is not a career appointee, a lim-
MINNESOTA
ited term appointee, or a limited emergency SEC. 1009. GAO REVIEW OF REIMBURSABLE PO-
Page 122, line 23, insert before ‘‘a commis-
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appointee (as those terms are defined in sec- LITICAL EVENTS.
sioned officer’’ the following: ‘‘a fellow or in- tion 3132(a)).’’. Not later than 60 days after the date of en-
tern at an agency,’’. SEC. 1004. CLARIFICATION ON CANDIDATES VIS- actment of this Act, the Comptroller General
AMENDMENT NO. 27 OFFERED BY MR. PASCRELL ITING FEDERAL PROPERTY. shall submit to Congress a report on reim-
OF NEW JERSEY (a) IN GENERAL.—Section 7323 of title 5, bursable political events held at the White
Add at the end of section 1002 the fol- United States Code, is amended by adding at House or on the White House grounds during
lowing: the end the following: the period beginning on January 1, 1997, and
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H7604 CONGRESSIONAL RECORD — HOUSE December 9, 2021
ending on the date of enactment of this Act. DIVISION D—RANKED CHOICE VOTING ‘‘TITLE V—ELECTION ASSISTANCE
Such report shall include the following: TITLE XV—ASSISTANCE FOR TRANSITION PROGRAMS
(1) Whether, during such period, the re- TO RANKED CHOICE VOTING ‘‘Subtitle A—Help America Vote College
quirements in annual appropriations Acts Program’’;
SEC. 1501. SHORT TITLE.
with respect to reimbursable political events and
have been followed, including the require- This title may be cited as the ‘‘Voter
Choice Act’’. (B) by inserting after the item relating to
ments under the heading ‘‘Executive Resi- section 503 the following:
dence At the White House—Reimbursable SEC. 1502. ASSISTANCE FOR TRANSITION TO
Expenses’’ in division D of Public Law 116–6. RANKED CHOICE VOTING. ‘‘Subtitle B—Ranked Choice Voting Program
(2) An assessment of what constitutes a po- (a) IN GENERAL.—Title V of the Help Amer- ‘‘Sec. 511. Ranked choice voting program.
litical event during such period. ica Vote Act of 2002 (52 U.S.C. 21121 et seq.) ‘‘Sec. 512. Authorization of appropriations.’’.
(3) Whether an event that was not classi- is amended by adding at the end the fol- AMENDMENT NO. 30 OFFERED BY MR. QUIGLEY OF
fied as a political event during such period lowing: ILLINOIS
should have been classified as such an event. ‘‘Subtitle B—Ranked Choice Voting Program Add at the end the following: ...
(4) A review of any payment made by a po- ‘‘SEC. 511. RANKED CHOICE VOTING PROGRAM. SEC. ll. IMPROVING ACCESS TO INFLUENTIAL
litical entity under the terms of such re- ‘‘(a) DEFINITION OF RANKED CHOICE VOTING VISITOR ACCESS RECORDS.
quirements. SYSTEM.—For purposes of this subtitle, the (a) DEFINITIONS.—In this section:
(5) Recommendations for Congress on— term ‘ranked choice voting system’ means a (1) COVERED LOCATION.—The term ‘‘covered
(A) a definition for the term ‘‘political set of election methods which allow each location’’ means—
event’’; and voter to rank contest options in order of the (A) the White House;
(B) how to assess whether administrations voter’s preference, in which votes are count- (B) the residence of the Vice President; and
are following such requirements and how to ed in rounds using a series of runoff tabula- (C) any other location at which the Presi-
hold administrations accountable if such re- tions to defeat contest options with the few- dent or the Vice President regularly con-
quirements are not followed. est votes, and which elects a winner with a ducts official business.
AMENDMENT NO. 28 OFFERED BY MR. PHILLIPS majority of final round votes in a single-win- (2) COVERED RECORDS.—The term ‘‘covered
OF MINNESOTA ner contest and provides proportional rep- records’’ means information relating to a
resentation in multi-winner contests. visit at a covered location, which shall in-
Add at the end the following:
‘‘(b) PROGRAM.—The Commission shall es- clude—
SEC. ll. PROHIBITION ON USE OF FEDERAL tablish a program under which the Commis- (A) the name of each visitor at the covered
PROPERTY FOR POLITICAL CONVEN- location;
TIONS.
sion—
‘‘(1) provides technical assistance to State (B) the name of each individual with whom
(a) IN GENERAL.—Chapter 29 of title 18, and local governments that are considering each visitor described in subparagraph (A)
United States Code, is amended by inserting whether to make, or that are in the process met at the covered location; and
after section 611 the following: of making, a transition to a ranked choice (C) the purpose of the visit.
‘‘§ 612. Prohibition on use of Federal property voting system for Federal, State, or local (b) REQUIREMENT.—Except as provided in
for certain political activities elections; and subsection (c), not later than 90 days after
‘‘(a) A convention of a national political ‘‘(2) awards grants to States and local gov- the date of enactment of this Act, the Presi-
party held to nominate a candidate for the ernment to support the transition to a dent shall establish and update, every 90
office of President or Vice President may not ranked choice voting system, including days thereafter, a publicly available data-
be held on or in any Federal property. through the acquisition of voting equipment base that contains covered records for the
‘‘(b) Any candidate or the authorized com- and tabulation software, appropriate ballot preceding 90-day period, on a publicly avail-
mittee of the candidate under the Federal design, the development and publication of able website in an easily searchable and
Election Campaign Act of 1971 which was re- educational materials, and voter outreach. downloadable format.
‘‘(c) RULES FOR GRANTS.— (c) EXCEPTIONS.—
sponsible for a convention in violation of
‘‘(1) SELECTION OF GRANT RECIPIENTS.—To (1) IN GENERAL.—The President shall not
subsection (a) shall be subject to an assess-
the extent possible, the Commission shall include in the database established under
ment of a civil penalty equal to the fair mar-
award grants under subsection (b)(2) to areas subsection (b) any covered record—
ket value of the cost of the convention or
that represent a diversity of jurisdictions (A) the posting of which would implicate
$50,000, whichever is greater, or imprisoned
with respect to geography, population char- personal privacy or law enforcement con-
not more than five years, or both.
acteristics, and population density. cerns or threaten national security;
‘‘(c) In this section, the term ‘Federal
‘‘(2) AWARD LIMITATION.—The amount of (B) relating to a purely personal guest at a
property’ means any building, land, or other
any grant awarded under subsection (b)(2) covered location; or
real property owned, leased, or occupied by
shall not exceed 50 percent of the cost of the (C) that reveals the social security num-
any department, agency, or instrumentality
activities covered by the grant. ber, taxpayer identification number, birth
of the United States, including the White
date, home address, or personal phone num-
House grounds and the White House (includ- ‘‘SEC. 512. AUTHORIZATION OF APPROPRIATIONS.
ber of an individual, the name of an indi-
ing the Old Executive Office Building, the ‘‘(a) IN GENERAL.—In addition to any funds
vidual who is less than 18 years old, or a fi-
West Wing, the East Wing, the Rose Garden, authorized to be appropriated to the Com-
nancial account number.
and the Executive Residence, but not includ- mission under section 210, there are author-
(2) SENSITIVE MEETINGS.—With respect to a
ing the second floor of the Executive Resi- ized to be appropriated to carry out this sub- particularly sensitive meeting at a covered
dence).’’. title $40,000,000 for fiscal year 2022. location, the President shall—
(b) CLERICAL AMENDMENT.—The table of ‘‘(b) AVAILABILITY OF FUNDS.—Amounts ap- (A) include the number of visitors at the
sections for such chapter is amended by in- propriated pursuant to the authorization
covered location in the database established
serting after the item relating to section 611 under this section shall remain available,
under subsection (b);
the following: without fiscal year limitation, until ex-
(B) post the applicable covered records in
‘‘612. Prohibition on use of Federal property pended.’’.
the database established under subsection (b)
for certain political activi- (b) CONFORMING AMENDMENTS.—
when the President determines that release
ties.’’. (1) Section 202(6) of the Help America Vote
of the covered records is no longer sensitive;
(c) APPLICATION.— Act of 2002 (52 U.S.C. 20922) is amended by
and
(1) IN GENERAL.—This Act and the amend- striking ‘‘the Help America Vote College
(C) post any reasonably segregable portion
ments made by this Act shall apply to any Program under title V’’ and inserting ‘‘the
that is not covered by an exception described
convention described in section 612(a) of title programs under title V’’.
in subsection (c) of any such excepted record
18, United States Code, as added by sub- (2) Title V of the Help America Vote Act of
on the website described under subsection
section (a), occurring on or after the date of 2002 (52 U.S.C. 21121 et seq.) is amended by
(b).
enactment of this Act. striking the matter preceding section 501 and
AMENDMENT NO. 31 OFFERED BY MR. RASKIN OF
(2) TRAVEL.—Nothing in this Act or the inserting the following:
MARYLAND
amendments made by this Act shall be con- ‘‘TITLE V—ELECTION ASSISTANCE
strued to limit or otherwise prevent the Page 9, after line 2, insert the following
PROGRAMS
President or Vice President from using vehi- (and redesignate the following subsections
‘‘Subtitle A—Help America Vote College accordingly):
cles (including aircraft) owned or leased by Program’’. ‘‘(d) DELAY IN TRIAL OR OTHER LEGAL PRO-
the Government for travel to or from any
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(3) Section 503 of such Act (52 U.S.C. 21123) CEEDINGS.—In the case of an indictment of
such convention.
is amended by striking ‘‘title’’ and inserting any person serving as President or Vice
AMENDMENT NO. 29 OFFERED BY MR. PHILLIPS ‘‘subtitle’’. President of the United States, a trial or
OF MINNESOTA (4) The table of sections of the Help Amer- other legal proceeding with respect to such
Page 175, insert after line 18 the following ica Vote Act of 2002 is amended— indictment may be delayed at the discretion
(and redesignate the succeeding provisions (A) by striking the item relating to title V of a court of competent jurisdiction to the
accordingly): and inserting the following: extent that ongoing criminal proceedings
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7605
would interfere with the performance of the House visitor logs with certain excep- dent of the ability to effectively man-
defendant’s duties while in office. tions. age the executive branch.
‘‘(e) BURDEN OF PROOF.—With respect to an The amendment offered by Congress- I am not sure if Democrats’ distrust
exercise of discretion under subsection (d),
man DAVID CICILLINE would require the of the executive branch is because of
the burden of proof shall be on the defendant
to demonstrate that an ongoing criminal White House to publicly release salary their hatred for the former President
proceeding would pose a substantial burden information and financial disclosure or their lack of faith in the current
on the defendant’s ability to fulfill the du- statements for White House employees. President. Either way, Republicans
ties of the defendant’s office.’’. The amendment offered by Congress- should not support attempts to degrade
AMENDMENT NO. 32 OFFERED BY MS. ROSS OF man BILL PASCRELL would further the Office of the President.
NORTH CAROLINA strengthen the Hatch Act by increasing The few good amendments in this
Page 9, insert after line 12 the following: penalties for employees who knowingly bloc proposed by Republicans are sim-
SEC. 203. LIMITATION ON NONDISCLOSURE break the law and use their position for ply drowned out by bad policy. If
AGREEMENTS. partisan political activity. This Democrats were serious about engaging
The President may not require an officer amendment would also allow the Office with Republicans, then they should
or employee of the Executive Office of the of Special Counsel to continue inves- have worked with us through the nor-
President to enter into a nondisclosure tigations into former political employ- mal legislative process during which
agreement that is not related to the protec-
ees after they leave Federal office. we could have effectively vetted these
tion of classified or controlled unclassified
information as a condition of employment or
The amendment offered by Congress- measures in the committees of juris-
upon separation from the civil service. woman ALEXANDRIA OCASIO-CORTEZ diction.
AMENDMENT NO. 33 OFFERED BY MS. ROSS OF
would direct the Office of Government Americans are struggling with the
NORTH CAROLINA Ethics to establish ethics requirements highest inflation in 30 years, worried
Page 176, insert after line 3 the following
on the establishment or use of legal ex- about the safety of their communities,
(and conform the table of contents accord- pense funds for the President, Vice and eager to get their children back to
ingly): President, or any political appointee. school. The majority is flatly ignoring
DIVISION E—PROTECTING ELECTION The amendment offered by Congress- the American people to instead talk
OFFICIALS man GERRY CONNOLLY would protect about former President Trump. These
TITLE XVI—DOJ TASK FORCE the civil service by preventing any po- amendments offered by Democrats in
sition in the Federal competitive serv- this package only move this bill fur-
SEC. 1601. ELECTION OFFICIALS SECURITY TASK
FORCE. ice from being reclassified outside of ther away from addressing the imme-
The Attorney General shall establish a merit system principles. Employment diate concerns of Americans.
task force, to be headed by the head of the in the Federal workforce should be Madam Speaker, I urge my col-
Civil Rights Division of the Department of based on an individual’s knowledge, leagues to vote ‘‘no,’’ and I reserve the
Justice, for purposes of studying threats or skills, and abilities, not political con- balance of my time.
acts of violence against the people respon- nections. Mrs. CAROLYN B. MALONEY of New
sible for ensuring the integrity of Federal This package of amendments will York. Madam Speaker, I yield 11⁄2 min-
and State elections in the United States, and bring accountability and transparency utes to the gentleman from the great
their families, and to provide expertise and
resources for the identification, investiga-
to our government. These reforms are State of California (Mr. CORREA), who
tion, and prosecution of the persons respon- critical for preserving and strength- is the distinguished chairman of the
sible for such threats and acts, including by ening our democratic institutions. Committee on Homeland Security Sub-
making referrals for criminal prosecutions. Madam Speaker, I urge all of my col- committee on Oversight, Management,
The task force shall include representatives leagues on both sides of the aisle to and Accountability.
from the following: vote ‘‘yes’’ on this package of amend- Mr. CORREA. Madam Speaker, I
(1) The Federal Bureau of Investigation. ments, and I reserve the balance of my thank Congresswoman MALONEY for
(2) The United States Marshals Service. time. yielding me time.
(3) The Cybersecurity and Infrastructure
Mr. COMER. Madam Speaker, I rise My first amendment, No. 9, will
Security Agency of the Department of Home-
land Security. to oppose the amendments en bloc. strengthen the ability of Congress to
(4) State and local prosecutors and election This protecting the swamp act is full do our job of oversight of the executive
officials. of bad policy and disregards regular branch. It closes a loophole in the
(5) The Election Assistance Commission. order. H.R. 5314 is designed purely for Freedom of Information Act that effec-
(6) Elections officials associations. Democrats to talk about all of their tively lets Federal agencies ignore con-
AMENDMENT NO. 34 OFFERED BY MS. SCANLON failed conspiracy theories about the gressional requests for information.
OF PENNSYLVANIA former President. In fact, this bill Amendment No. 10 will require all
Page 86, line 12, strike ‘‘January 30 and looks more like a fundraising cam- congressionally mandated reports to be
July 30 of each year’’ and insert ‘‘January 30, paign than an effort to provide legisla- transmitted to Congress in a machine-
April 30, July 30, and October 30 of each tive solutions. readable format. It is a commonsense
year’’. My Democratic colleagues should be way to search and find information
Page 86, beginning on line 16, strike ‘‘the 6- working with Republicans to address within thousands of pages of reports.
month period preceding that January or
and solve the problems President Biden These two amendments are about the
July’’ and insert ‘‘the 3-month period pre-
ceding that January, April, July, or Octo- and his administration have created for government, and they are about trans-
ber’’. the American people, not pushing parency. Our government should not
The SPEAKER pro tempore. Pursu- through hyperpartisan legislation. have anything to hide. Both of these
ant to House Resolution 838, the gen- While this en bloc package of amend- are supported by the Project On Gov-
tlewoman from New York (Mrs. CARO- ments has several legitimate, good ernment Oversight.
LYN B. MALONEY) and the gentleman ideas, there are too many that make Madam Speaker, I urge an ‘‘aye’’
from Kentucky (Mr. COMER) each will this bad bill worse. While common- vote on en bloc No. 1 and to support
control 10 minutes. sense proposals such as strengthening amendments No. 9 and No. 10.
The Chair recognizes the gentle- minority rights for Oversight and Re- Mr. COMER. Madam Speaker, I yield
woman from New York. form Committee members, Freedom of 3 minutes to the gentlewoman from
Information Act reform, and an inspec- North Carolina (Ms. FOXX), who is the
b 1345 tor general for the Office of Manage- ranking member of the Education and
Mrs. CAROLYN B. MALONEY of New ment and Budget are perfectly reason- Labor Committee.
York. Madam Speaker, several amend- able solutions for the House to con- Ms. FOXX. Madam Speaker, I thank
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ments offered would increase trans- sider, most of the amendments in this my colleague for yielding time.
parency of White House operations and bloc make a very bad bill much worse. Madam Speaker, I rise in support of
personnel. Overall, these amendments entrench my two amendments in this en bloc
The amendment offered by Congress- and slow down the Federal bureauc- package.
man MIKE QUIGLEY would require the racy, intrude on the executive branch’s The alleged purpose of this bill is to
President to publicly release White powers, and strip a duly elected Presi- ‘‘protect our democracy by preventing
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H7606 CONGRESSIONAL RECORD — HOUSE December 9, 2021
abuses of Presidential power, restoring and civil liberties, and we have had stitution reads: ‘‘The times, places, and
checks and balances and account- hearings on the pardon power. The par- manner of holding elections for Sen-
ability and transparency in govern- don power is something I have been in- ators and Representatives shall be pre-
ment.’’ terested in since the 1970s when a scribed in each State by the legislature
My amendments, in fact, do exactly Democratic Governor of Tennessee thereof’’—not by Congress.
that and would create an office of in- abused the pardon power, and I stood Our country is struggling with out-
spector general, IG, at the Office of up against him. I have stood up against of-control inflation, supply chain
Management and Budget, OMB. this previous President, Trump, who shortages, rampant crime, and a crisis
Pursuant to the Inspector General abused the pardon power even more. He on our southern border. Yet, Demo-
Act of 1978, this independent, non- gave pardons to his family, to people crats are focused on violating the Con-
partisan inspector general would pre- who were administration officials, to stitution for their own political gain.
vent and detect waste, fraud, and abuse people who worked on his campaign, When H.R. 1 was passed earlier this
at OMB. and to people who lied to the Justice Congress, we had assumed that the
The underlying bill is a Democrat at- Department and to the FBI because Democrats were done trying to take
tempt to relitigate yesterday’s issues. they were protecting the President election powers away from the States.
But today, Americans are being as- from the impeachment articles that As it turns out, they were just getting
sailed from all sides. They are facing a were lodged against him and which started.
Democrat President on a spending would have shown his contravention of Mr. Speaker, at what point are we
binge that is tearing this country the Constitution. going to start focusing on the real
apart. Inflation sits at a 30-year high. I have listened to the debate here issues facing this country? At what
Gas prices are skyrocketing out of con- some. It is astonishing to me. There is point are the Democrats going to real-
trol, and now an even more reckless so- nothing more important in this govern- ize that America doesn’t want out-of-
cialist and amnesty agenda is in the ment and this Congress than pro- control spending, open borders, and
works. tecting democracy, and democracy was rampant crime?
My two amendments will truly bring threatened by Donald Trump. This bill,
accountability and transparency to the The Founding Fathers were clear
which ADAM SCHIFF has sponsored with
executive branch and protect the statu- that the States are the primary man-
many cosponsors, protects democracy.
tory authorities of Congress. agers of elections. We must address the
It puts checks and balances on the
Last week, news broke that 40 per- real problems facing the American peo-
President.
cent or more of the $700 billion spent ple and stop stripping States of their
No person should have unfettered
on unemployment benefits for COVID– constitutional authorities.
power, and the President tried to use
19 relief went to fraud. That is nearly the pardon power to take care of people Mrs. CAROLYN B. MALONEY of New
the size of the defense budget. An IG at who took care of him, to shut them up York. Mr. Speaker, I yield 11⁄2 minutes
OMB would be able to root out this so they wouldn’t testify against him: to the gentlewoman from the great
kind of fraud, waste, and abuse and Roger Stone, Mike Flynn, you name it, State of North Carolina (Ms. ADAMS).
save taxpayers’ dollars. The Biden ad- Madam Speaker, down to Paul Dr. ALMA ADAMS is the distinguished
ministration should welcome having an Manafort. chairwoman of the Committee on Edu-
OMB inspector general with the same He pardoned people who lied, who cation and Labor Subcommittee on
enthusiasm they talk about trans- grifted, who dealt with the Russians Workforce Protections.
parency and accountability. and who were part of the conspiracy to Ms. ADAMS. Mr. Speaker, I want to
My second amendment will help pro- take over the election by commu- thank the gentlewoman for yielding.
tect the rights of the minority and nicating with Kilimnik and getting in- Mr. Speaker, I rise today in support
allow the Oversight and Reform Com- formation out there in the social media of my amendment to ensure trans-
mittee to easily acquire documents to beat Hillary Clinton and elect Don- parency in our elections.
from the executive branch so that we ald Trump, the most disgusting Presi- The American people have a right to
can uphold true oversight. dency in the history of this country. know whether a candidate for Presi-
I look forward to working with the That is why this bill is so important, dent or Vice President has unethical
majority to obtain the information re- to protect our democracy and save us foreign entanglements or compro-
quired by law from the administration from abuses by a future President who mising debts that can be leveraged
pursuant to these Rule of 7 requests. I doesn’t have limitations on him. against their administration—or worse.
appreciate that Democrats agree on Madam Speaker, I pledge allegiance My amendment requires the Federal
some level that we need rigorous over- to the flag and hope all of us do. I sup- Election Commission, FEC, to make an
sight of the executive branch. port this bill. income tax return publicly available
My only question is: Where have they Mr. COMER. Mr. Speaker, they say within 48 hours after receipt of return.
been for the last 11 months? this bill is not about President Trump, In cases where a return requires exten-
I am also profoundly disappointed but every speaker mentioned President sive redactions, the Federal Election
that Democrats chose to load up this Trump multiple times. Commission may make the return
en bloc package with amendments that Mr. Speaker, I yield 11⁄2 minutes to available after 48 hours but no later
entrench bureaucracy, hamstring Pres- the gentleman from Florida (Mr. C. than 30 days after receipt of return.
idential appointments, and micro- SCOTT FRANKLIN). Only a full release of tax returns can
manage Presidential powers. This bill Mr. C. SCOTT FRANKLIN of Florida.
ensure that our President and Vice
is supposed to restore transparency and Mr. Speaker, I thank Ranking Member
President are working for us, the
accountability, but many of the COMER for yielding.
American people, not anybody else.
amendments in this package move it in Mr. Speaker, I rise today in opposi-
the opposite direction. tion to this legislation and the en bloc Mr. Speaker, I urge my colleagues to
Mrs. CAROLYN B. MALONEY of New package, particularly amendment No. vote ‘‘yes’’ on this amendment and
York. Madam Speaker, I yield 11⁄2 min- 29. This amendment would continue ‘‘yes’’ on H.R. 5314.
utes to the gentleman from the great Democratic attempts to federalize elec- Mr. COMER. Mr. Speaker, I yield the
State of Tennessee (Mr. COHEN), who is tions. balance of my time to the gentleman
the distinguished chair of the Com- My colleagues on the other side of from Ohio (Mr. JORDAN), who is the
mittee on the Judiciary Subcommittee the aisle like to call us Republicans ranking member of the House Judici-
on the Constitution, Civil Rights, and seditionists, yet here they are again at- ary Committee.
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Civil Liberties. tempting to violate the Constitution Mr. JORDAN. Mr. Speaker, I thank
Mr. COHEN. Madam Speaker, I thank and our democratic republic by inject- the gentleman for yielding.
the gentlewoman for yielding me the ing the Federal Government into State Mr. Speaker, Americans want safer
time. elections. streets, affordable gas, and freedom. In-
Madam Speaker, my subcommittee I would like to remind the Democrats stead, Democrats give us record crime
works on issues concerning civil rights that Article I, Section 4 of the Con- levels, record inflation, and another
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7607
bill attacking President Trump spon- God bless the whistleblower that congratulate her on her great leader-
sored by the guy who spent years mis- came forward and gave us the informa- ship chairing an important committee
leading the Congress and, more impor- tion sent from the Counterterrorism of the House, and thank her for bring-
tantly, the country on the Trump-Rus- Division of the FBI. We could be deal- ing this legislation to the floor today.
sia investigation, on the Mueller inves- ing with that issue today. We could be Mr. Speaker, I thank Mr. ADAM
tigation, and on impeachments. holding the Attorney General account- SCHIFF for his leadership in putting
b 1400 able, the Justice Department account- this legislation together, and I will get
able for what they are doing. to that in a moment.
Remember when the sponsor of the No, no, no. We are going to attack But first, I just want to say how
bill said that his office didn’t meet President Trump again. Democrats, proud we are today. Every day that we
with the whistleblower? Found out that is the only thing they can do be- serve in this House, a House of the peo-
that wasn’t true. cause they can’t talk about anything ple, is a privilege. No matter what hon-
Remember when the sponsor of the else. ors others may bestow on us in this
bill told us that we would hear from I hope we defeat this bill. House, whether we are Speaker, or
the whistleblower during impeach- Mr. COMER. Mr. Speaker, I yield leader, or whip, or whatever, nothing,
ment; we would actually have real back the balance of my time. no honor is greater than to be able to
process instead of having hearings and Mrs. CAROLYN B. MALONEY of New step on the floor and say that we speak
depositions in the basement in the York. Mr. Speaker, I yield 11⁄2 minutes for the people of our district; that they
bunker of the Capitol? to the gentlewoman from the great
have chosen us to come here, as was in-
Remember when the sponsor told us Commonwealth of Pennsylvania (Ms.
tended by our Founders.
this: There was more than circumstan- SCANLON), the distinguished vice chair Mr. Speaker, 245 years ago, in an act
tial evidence that President Trump of the Committee on House Adminis-
of daring that would redefine the
colluded with Russia? That turned out tration.
world, our Founders—imagine the
to be false. Bob Mueller said it was Ms. SCANLON. Mr. Speaker, if the
last few years have taught us anything, courage they had—declared their inde-
false. Everyone knew it was false. pendence from an oppressive monarch.
In fact, it was such baloney, even The it is that we cannot take our demo-
cratic institutions for granted. And to They said: ‘‘We hold these truths to be
Washington Post has had to retract self-evident, that all men are created
and change things from stories because protect them in the future, we must
codify many of the rules of the road for equal, that they are endowed by their
they said, oh, yeah, yeah, there was a Creator with certain unalienable
lot of false information in that dossier good government which have been
trampled in recent years by those more rights, that among these are life, lib-
that they used to go spy on President erty and the pursuit of happiness.’’ The
Trump’s campaign. interested in personal power than the
public good. pursuit of happiness was written into
And I think this is important to un- the founding document.
derstand. The sponsor of this legisla- That is why I rise in support of the
Protecting Our Democracy Act, which And they continued:
tion wasn’t just any Member of Con- Whenever any form of government be-
would limit future abuses of Presi-
gress, Mr. Speaker. He wasn’t just any comes destructive of these ends, it is the
dential powers, strengthen our system
chairman of a committee in Congress. people’s duty to throw off such government,
of checks and balances, and protect
He was the chairman of the Intel- to provide new guards for their future secu-
against foreign interference in our rity.
ligence Committee, the committee
elections.
that gets additional information from I am proud to offer my amendment to They were speaking about England.
anyone else in the country, making this important piece of legislation Our Founders would then forge those
those claims that were not accurate. which would increase the frequency guards for our own government, the
So maybe, instead of having another with which the inspector general of the democratic institutions enshrined in
bill that attacks President Trump be- Department of Justice must report to the Constitution which, for nearly 2-1/
cause Democrats are afraid he is going Congress any improper communica- 2 centuries, have safeguarded the secu-
to run and he is going to win in 2024, so tions between the Department of Jus- rity and well-being of the American
they want to do everything they can to tice and the White House. people.
attack him—maybe instead of another We all should be concerned about the But, disturbingly, the last adminis-
bill attacking President Trump, we threat it poses to our country when the tration saw our democracy in crisis,
should actually focus on things that occupant of the White House, whether with a rogue President who trampled
the American people care about. it is Nixon, whether it is Trump, or over the guardrails protecting our Re-
You know, you can attack President whether it is anyone else, when they public.
Trump all you want. I know one thing: treat the Department of Justice as Now, Congress has the solemn re-
A year ago, the border was secure. It their own personal law firm, using tax- sponsibility and opportunity to safe-
sure was. A year ago, cities were safe, payer dollars to advance personal or guard our democracy, ensuring that
safer than they are today. A year ago, political ambitions, or to block the in- past abuses can never be perpetrated
we didn’t have a 31-year high inflation. vestigation of corruption. by any President, of any party.
We actually had wages going up, real We are learning more every day The Protecting Our Democracy Act
wages. A year ago, we didn’t have a De- about the heroic public servants in the ensures the strength and survival of a
partment of Justice, attacking moms Department of Justice and elsewhere democracy of, by, and for the people,
and dads, putting a label, a designa- who raised their voices to push back defending the rule of law, revitalizing
tion, a threat tag on parents who sim- against misconduct in the White our system of checks and balances, and
ply go to school board meetings and House. My amendment would make it restoring our democratic institutions.
speak out against a racist, hate-Amer- easier for these individuals to alert Thank you to Chairman ADAM SCHIFF
ica curriculum. No, we didn’t have that Congress to misconduct and allow us to and the chairs of the committees of ju-
a year ago. better protect our democracy. risdiction, Judiciary being one of
But you guys can keep attacking the I urge my colleagues to do their pa- those, the Committee on Oversight and
President all you want; not addressing triotic duty to protect our Constitu- Reform, another, and many cosponsors
the issues that the American people tion, and to support both my amend- for their leadership on this trans-
care about. We are going to speak ment and the underlying bill. formative package of democracy re-
about the issues they care about. We Mrs. CAROLYN B. MALONEY of New forms which will put in place essential
are going to try to do everything we York. Mr. Speaker, I yield 1 minute to safeguards to prevent any President
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can to slow down your crazy agenda the gentlewoman from the great State from abusing the public trust, no mat-
that is driving up the price of every- of California (Ms. PELOSI), the distin- ter what his or her party is.
thing. And we are going to speak out guished and effective Speaker of the This legislative package is sweeping
against and do everything we can to House. and future-focused, looking to the fu-
make sure the Department of Justice Ms. PELOSI. Mr. Speaker, I thank ture, designed to restate the rule of law
quits attacking parents. the gentlewoman for yielding, and I now and for generations to come.
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H7608 CONGRESSIONAL RECORD — HOUSE December 9, 2021
Our chairs have crafted a robust re- Mrs. CAROLYN B. MALONEY of New (ii) by adding at the end the following:
forms package that can stand up to and York. Mr. Speaker, the amendments ‘‘(B) If there is an open or completed in-
quiry into an Inspector General that relates
prevent attempts to undermine our de- contained in this package will help en-
to the removal or transfer of the Inspector
mocracy including: The abuse of par- sure that the executive branch is ac- General under subparagraph (A), the written
don power, abuse of office for personal countable to the American people. This communication required under that subpara-
enrichment, the solicitation of foreign package includes amendments that graph shall—
assistance in our elections, retaliatory were offered by both Democrats and ‘‘(i) identify each entity that is con-
attacks on whistleblowers and inspec- Republicans. ducting, or that conducted, the inquiry; and
tors general, politicization of the tools These amendments bolster the many ‘‘(ii) in the case of a completed inquiry,
of justice, and contempt of Congress’ reforms in the Protecting Our Democ- contain the findings made during the in-
oversight powers on behalf of the quiry.’’; and
racy Act that will protect against fu- (C) by adding at the end the following:
American people, including our lawful ture abuses by the executive branch. I ‘‘(2)(A) Subject to the other provisions of
subpoena power and the power of the urge my colleagues on both sides of the this paragraph, only the President may place
purse. aisle to vote ‘‘yes’’ on this package of an Inspector General on non-duty status.
These steps ensure that no one, not amendments, and I yield back the bal- ‘‘(B) If the President places an Inspector
even a President, is above the law. ance of my time. General on non-duty status, the President
During the Constitutional Conven- shall communicate in writing the sub-
The SPEAKER pro tempore (Mr. stantive rationale, including detailed and
tion, one of our Founders, George TONKO). Pursuant to House Resolution
Mason, asked: ‘‘Shall any man be above case-specific reasons, for the change in sta-
838, the previous question is ordered on tus to both Houses of Congress (including to
justice? Above all shall that man be the amendments en bloc offered by the the Committee on Homeland Security and
above it, who can commit the most ex- gentlewoman from New York (Mrs. Governmental Affairs of the Senate, the
tensive injustice?’’ CAROLYN B. MALONEY). Committee on Oversight and Reform of the
In his great wisdom, George Mason The question is on the amendments House of Representatives, and any other con-
knew that the injustice committed by gressional committee that has jurisdiction
en bloc.
the President erodes the rule of law, with respect to that Inspector General) not
The question was taken; and the later than 15 days before the date on which
the very notion, the idea of fair justice,
Speaker pro tempore announced that the change in status takes effect, except that
which is the bedrock of our democracy.
the ayes appeared to have it. the President may submit that communica-
And if we allow a President to be above
Mr. COMER. Mr. Speaker, on that I tion on the date on which the change in sta-
the law, we surely do so to the peril of tus takes effect if—
demand the yeas and nays.
our Republic. ‘‘(i) the President has made a determina-
Addressing Presidential abuse, there- The SPEAKER pro tempore. Pursu-
ant to section 3(s) of House Resolution tion that the continued presence of the In-
fore, goes to the very heart, the very spector General in the workplace poses a
survival of our democracy. We are a de- 8, the yeas and nays are ordered.
threat described in any of clauses (i) through
mocracy; three coequal branches gov- Pursuant to clause 8 of rule XX, fur- (iv) of section 6329b(b)(2)(A) of title 5, United
ernment, each a check and balance on ther proceedings on this question are States Code; and
the other that cannot be undermined. postponed. ‘‘(ii) in the communication, the President
Otherwise, we are a monarchy, and AMENDMENTS EN BLOC NO. 2 OFFERED BY MRS. includes a report on the determination de-
CAROLYN B. MALONEY OF NEW YORK scribed in clause (i), which shall include—
that is what we chose not to be.
Mrs. CAROLYN B. MALONEY of New ‘‘(I) a specification of which clause of sec-
Let me close by recalling another tion 6329b(b)(2)(A) of title 5, United States
scene from that Constitutional Conven- York. Mr. Speaker, pursuant to House
Code, the President has determined applies
tion. On its final day, as our Constitu- Resolution 838, I offer amendments en under clause (i) of this subparagraph;
tion was adopted, Benjamin Franklin bloc. ‘‘(II) the substantive rationale, including
was greeted by folks as he descended The SPEAKER pro tempore. The detailed and case-specific reasons, for the de-
the steps from Independence Hall. Peo- Clerk will designate the amendments termination made under clause (i);
ple know this story. Children in school en bloc. ‘‘(III) an identification of each entity that
learn it. Amendments en bloc No. 2 consisting is conducting, or that conducted, any in-
The people asked, what do we have, a of amendment Nos. 3 and 7, printed in quiry upon which the determination under
republic or a monarchy? Benjamin part B of House Report 117–205, offered clause (i) was made; and
‘‘(IV) in the case of an inquiry described in
Franklin responded, ‘‘A republic, if you by Mrs. CAROLYN B. MALONEY of New subclause (III) that is completed, the find-
can keep it.’’ York: ings made during that inquiry.
This was the vision of our Founders, AMENDMENT NO. 3 OFFERED BY MR. BURGESS OF ‘‘(C) The President may not place an In-
and we are grateful to them for it. This TEXAS spector General on non-duty status during
is what our men and women in uniform Strike title II. the 30-day period preceding the date on
defend, freedom, our democracy, and which the Inspector General is removed or
AMENDMENT NO. 7 OFFERED BY MR. COMER OF
we are grateful to them for it. transferred under paragraph (1)(A) unless the
KENTUCKY
This is what we owe our children as President—
Page 1, strike line 1 and all that follows ‘‘(i) has made a determination that the
we go forward, to meet their aspira- and insert the following: continued presence of the Inspector General
tions to live in the United States of SECTION 1. SHORT TITLE. in the workplace poses a threat described in
America, with liberty and justice for This Act may be cited as the ‘‘Inspector any of clauses (i) through (iv) of section
all. And we are responsible it. General Stability Act’’. 6329b(b)(2)(A) of title 5, United States Code;
May we be worthy of the vision of our SEC. 2. REMOVAL OR TRANSFER OF INSPECTORS and
Founders, the sacrifice of our men and GENERAL; PLACEMENT ON NON- ‘‘(ii) not later than the date on which the
women in uniform, and the aspirations DUTY STATUS. change in status takes effect, submits to
of our children. (a) IN GENERAL.—The Inspector General both Houses of Congress (including to the
The Congress—as Article I, the first Act of 1978 (5 U.S.C. App.) is amended— Committee on Homeland Security and Gov-
(1) in section 3(b)— ernmental Affairs of the Senate, the Com-
branch of government—will uphold our
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’; mittee on Oversight and Reform of the House
solemn duty to keep our Republic by (B) in paragraph (1), as so designated— of Representatives, and any other congres-
passing the bill, for the people. (i) in subparagraph (A), as so designated, in sional committee that has jurisdiction with
I say this with great appreciation to the second sentence— respect to that Inspector General) a written
all who worked so hard to put this to- (I) by striking ‘‘reasons’’ and inserting the communication that contains the informa-
gether. I support this bipartisan following: ‘‘substantive rationale, including tion required under subparagraph (B), includ-
amendment that is on the floor right detailed and case-specific reasons,’’; and ing the report required under clause (ii) of
now, and I thank those who worked to- (II) by inserting ‘‘(including to the Com- that subparagraph.
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gether in a bipartisan way to put that mittee on Homeland Security and Govern- ‘‘(D) For the purposes of this paragraph—
mental Affairs of the Senate, the Committee ‘‘(i) the term ‘Inspector General’—
forward, and I hope that we can have a
on Oversight and Reform of the House of ‘‘(I) means an Inspector General who was
successful day for the people, again, Representatives, and any other congres- appointed by the President, without regard
honoring our Founders, our men and sional committee that has jurisdiction with to whether the Senate provided advice and
women in uniform, and for the chil- respect to that Inspector General)’’ after consent with respect to that appointment;
dren. ‘‘Houses of Congress’’; and and
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7609
‘‘(II) includes the Inspector General of an ‘‘(I) a specification of which clause of sec- dent may submit the communication de-
establishment, the Special Inspector General tion 6329b(b)(2)(A) of title 5, United States scribed in paragraph (1) to Congress later
for Afghanistan Reconstruction, the Special Code, the covered official has determined ap- than 30 days before the Inspector General is
Inspector General for the Troubled Asset Re- plies under clause (i) of this subparagraph; placed on paid or unpaid non-duty status,
lief Program, and the Special Inspector Gen- ‘‘(II) the substantive rationale, including but in any case not later than the date on
eral for Pandemic Recovery; and detailed and case-specific reasons, for the de- which the placement takes effect, if—
‘‘(ii) a reference to the removal or transfer termination made under clause (i); ‘‘(A) the President determines that a delay
of an Inspector General under paragraph (1), ‘‘(III) an identification of each entity that in placing the Inspector General on paid or
or to the written communication described is conducting, or that conducted, any in- unpaid non-duty status would—
in that paragraph, shall be considered to be— quiry upon which the determination under ‘‘(i) pose a threat to the Inspector General
‘‘(I) in the case of the Special Inspector clause (i) was made; and or others;
General for Afghanistan Reconstruction, a ‘‘(IV) in the case of an inquiry described in ‘‘(ii) result in the destruction of evidence
reference to section 1229(c)(6) of the National subclause (III) that is completed, the find- relevant to an investigation; or
Defense Authorization Act for Fiscal Year ings made during that inquiry. ‘‘(iii) result in loss of or damage to Govern-
2008 (Public Law 110–181; 122 Stat. 379); ‘‘(C) A covered official may not place an ment property;
‘‘(II) in the case of the Special Inspector Inspector General on non-duty status during ‘‘(B) in the communication, the President
General for the Troubled Asset Relief Pro- the 30-day period preceding the date on includes—
gram, a reference to section 121(b)(4) of the which the Inspector General is removed or ‘‘(i) a specification of which clause the
Emergency Economic Stabilization Act of transferred under paragraph (2)(A) unless the President relied on to make the determina-
2008 (12 U.S.C. 5231(b)(4)); and covered official— tion under subparagraph (A);
‘‘(III) in the case of the Special Inspector ‘‘(i) has made a determination that the ‘‘(ii) the substantive rationale, including
General for Pandemic Recovery, a reference continued presence of the Inspector General detailed and case-specific reasons, for such
to section 4018(b)(3) of the CARES Act (15 in the workplace poses a threat described in determination;
U.S.C. 9053(b)(3)).’’; and any of clauses (i) through (iv) of section ‘‘(iii) if the President relied on an inquiry
(2) in section 8G(e)— 6329b(b)(2)(A) of title 5, United States Code; to make such determination, an identifica-
(A) in paragraph (1), by inserting ‘‘or place- and tion of each entity that is conducting, or
ment on non-duty status’’ after ‘‘a removal’’; ‘‘(ii) not later than the date on which the that conducted, such inquiry; and
(B) in paragraph (2)— change in status takes effect, submits to ‘‘(iv) if an inquiry described in clause (iii)
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’; both Houses of Congress (including to the is completed, the findings of that inquiry.
(ii) in subparagraph (A), as so designated, Committee on Homeland Security and Gov- ‘‘(5) The President may not place an In-
in the first sentence— ernmental Affairs of the Senate, the Com- spector General on paid or unpaid non-duty
(I) by striking ‘‘reasons’’ and inserting the mittee on Oversight and Reform of the House status during the 30-day period preceding the
following: ‘‘substantive rationale, including of Representatives, and any other congres- date on which the Inspector General is re-
detailed and case-specific reasons,’’; and sional committee that has jurisdiction with moved or transferred under paragraph (1) un-
(II) by inserting ‘‘(including to the Com- respect to that Inspector General) a written less the President—
mittee on Homeland Security and Govern- communication that contains the informa- ‘‘(A) determines that not placing the In-
mental Affairs of the Senate, the Committee tion required under subparagraph (B), includ- spector General on paid or unpaid non-duty
on Oversight and Reform of the House of ing the report required under clause (ii) of status would—
Representatives, and any other congres- that subparagraph. ‘‘(i) pose a threat to the Inspector General
sional committee that has jurisdiction with ‘‘(D) Nothing in this paragraph may be
or others;
respect to that Inspector General)’’ after construed to limit or otherwise modify—
‘‘(ii) result in the destruction of evidence
‘‘Houses of Congress’’; and ‘‘(i) any statutory protection that is af-
relevant to an investigation; or
(iii) by adding at the end the following: forded to an Inspector General; or
‘‘(iii) result in loss of or damage to Govern-
‘‘(B) If there is an open or completed in- ‘‘(ii) any other action that a covered offi-
ment property; and
quiry into an Inspector General that relates cial may take under law with respect to an
‘‘(B) on or before the date on which the
to the removal or transfer of the Inspector Inspector General.’’.
(b) TECHNICAL AND CONFORMING AMEND- placement takes effect, submits to the Com-
General under subparagraph (A), the written mittee in the House of Representatives and
MENT.—Section 12(3) of the Inspector General
communication required under that subpara- the Committee in the Senate that has juris-
Act of 1978 (5 U.S.C. App.) is amended by in-
graph shall— diction over the Inspector General involved,
serting ‘‘except as otherwise expressly pro-
‘‘(i) identify each entity that is con- the Committee on Oversight and Reform of
vided,’’ before ‘‘the term’’.
ducting, or that conducted, the inquiry; and the House of Representatives, and the Com-
SEC. 3. CHANGE IN STATUS OF INSPECTOR GEN-
‘‘(ii) in the case of a completed inquiry, ERAL OFFICES. mittee on Homeland Security and Govern-
contain the findings made during the in- (a) CHANGE IN STATUS OF INSPECTOR GEN- mental Affairs of the Senate, a written com-
quiry.’’; and ERAL OF OFFICE.—Paragraph (1) of section munication that contains the following in-
(C) by adding at the end the following: 3(b) of the Inspector General Act of 1978 (5 formation—
‘‘(3)(A) Subject to the other provisions of U.S.C. App.) is amended— ‘‘(i) a specification of which clause under
this paragraph, only the head of the applica- (1) by inserting ‘‘, is placed on paid or un- subparagraph (A) the President relied on to
ble designated Federal entity (referred to in paid non-duty status,’’ after ‘‘is removed make the determination under such subpara-
this paragraph as the ‘covered official’) may from office’’; graph;
place an Inspector General on non-duty sta- (2) by inserting ‘‘, change in status,’’ after ‘‘(ii) the substantive rationale, including
tus. ‘‘any such removal’’; and detailed and case-specific reasons, for such
‘‘(B) If a covered official places an Inspec- (3) by inserting ‘‘, change in status,’’ after determination;
tor General on non-duty status, the covered ‘‘before the removal’’. ‘‘(iii) if the President relied on an inquiry
official shall communicate in writing the (b) CHANGE IN STATUS OF INSPECTOR GEN- to make such determination, an identifica-
substantive rationale, including detailed and ERAL OF DESIGNATED FEDERAL ENTITY.—Sec- tion of each entity that is conducting, or
case-specific reasons, for the change in sta- tion 8G(e)(2) of the Inspector General Act of that conducted, such inquiry; and
tus to both Houses of Congress (including to 1978 (5 U.S.C. App.) is amended— ‘‘(iv) if an inquiry described in clause (iii)
the Committee on Homeland Security and (1) by inserting ‘‘, is placed on paid or un- is completed, the findings of that inquiry.’’.
Governmental Affairs of the Senate, the paid non-duty status,’’ after ‘‘office’’; (2) COMMUNICATION RELATING TO CHANGE IN
Committee on Oversight and Reform of the (2) by inserting ‘‘, change in status,’’ after STATUS OF INSPECTOR GENERAL OF DESIGNATED
House of Representatives, and any other con- ‘‘any such removal’’; and FEDERAL ENTITY.—Section 8G(e) of the In-
gressional committee that has jurisdiction (3) by inserting ‘‘, change in status,’’ after spector General Act Inspector General Act of
with respect to that Inspector General) not ‘‘before the removal’’. 1978 (5 U.S.C. App.), as amended by section
later than 15 days before the date on which (c) EXCEPTION TO REQUIREMENT TO SUBMIT 2(2), is further amended—
the change in status takes effect, except that COMMUNICATION RELATING TO CERTAIN (A) in paragraph (2), by striking ‘‘If’’ and
the covered official may submit that com- CHANGES IN STATUS.— inserting ‘‘Except as provided in paragraph
munication on the date on which the change (1) COMMUNICATION RELATING TO CHANGE IN (4), if’’; and
in status takes effect if— STATUS OF INSPECTOR GENERAL OF OFFICE.— (B) by adding at the end the following:
‘‘(i) the covered official has made a deter- Section 3(b) of the Inspector General Act of ‘‘(4) If an Inspector General is placed on
mination that the continued presence of the 1978 (5 U.S.C. App.), as amended by section paid or unpaid non-duty status, the head of a
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Inspector General in the workplace poses a 2(1), is further amended— designated Federal entity may submit the
threat described in any of clauses (i) through (A) in paragraph (1), by striking ‘‘If’’ and communication described in paragraph (2) to
(iv) of section 6329b(b)(2)(A) of title 5, United inserting ‘‘Except as provided in paragraph Congress later than 30 days before the In-
States Code; and (4), if’’; and spector General is placed on paid or unpaid
‘‘(ii) in the communication, the covered of- (B) by adding at the end the following: non-duty status, but in any case not later
ficial includes a report on the determination ‘‘(4) If an Inspector General is placed on than the date on which the placement takes
described in clause (i), which shall include— paid or unpaid non-duty status, the Presi- effect, if—
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H7610 CONGRESSIONAL RECORD — HOUSE December 9, 2021
‘‘(A) the head determines that a delay in (b) CLERICAL AMENDMENT.—The table of reforms will impact his administration
placing the Inspector General on paid or un- sections for chapter 33 of title 5, United as well as future Presidents of both
paid non-duty status would— States Code, is amended by inserting after parties.
‘‘(i) pose a threat to the Inspector General the item relating to 3349d the following new
It is not about the past. It is about
or others; item:
‘‘(ii) result in the destruction of evidence the future and the strengthening of our
‘‘3349e. Presidential explanation of failure to
relevant to an investigation; or democracy. I strongly urge a ‘‘no’’ vote
nominate an Inspector Gen-
‘‘(iii) result in loss of or damage to Govern- eral.’’. on this package of amendments, and I
ment property; (c) EFFECTIVE DATE.—The amendment reserve the balance of my time.
‘‘(B) in the communication, the head in- made by subsection (a) shall take effect on Mr. COMER. Mr. Speaker, I yield my-
cludes— the date of the enactment of this Act and self such time as I may consume.
‘‘(i) a specification of which clause under shall apply to any vacancy first occurring on Mr. Speaker, I rise to support the
subparagraph (A) the head relied on to make or after that date.
the determination under such subparagraph;
amendments en bloc.
‘‘(ii) the substantive rationale, including The SPEAKER pro tempore. Pursu- In this package is my amendment,
detailed and case-specific reasons, for such ant to House Resolution 838, the gen- the IG Stability Act, which clearly
determination; tlewoman from New York (Mrs. CARO- shows where we should be able to come
‘‘(iii) if the head relied on an inquiry to LYN B. MALONEY) and the gentleman together and pass bipartisan inspector
make such determination, an identification from Kentucky (Mr. COMER) each will general reforms.
of each entity that is conducting, or that Inspectors general play a critical role
control 10 minutes.
conducted, such inquiry; and in rooting out fraud, waste, and abuse
‘‘(iv) if an inquiry described in clause (iii) The Chair recognizes the gentle-
is completed, the findings of that inquiry. woman from New York. in the Federal Government. They help
Congress, and especially the House
‘‘(5) The head may not place an Inspector b 1415
General on paid or unpaid non-duty status Committee on Oversight and Reform,
during the 30-day period preceding the date Mrs. CAROLYN B. MALONEY of New in conducting oversight of executive
on which the Inspector General is removed York. Mr. Speaker, I rise in opposition branch offices and Federal agencies.
or transferred under paragraph (2) unless the to these amendments. Yet, just like in every profession, oc-
head— Together, these amendments would casionally there have been either poor
‘‘(A) determines that not placing the In- gut the bill and strike everything in performers or those who have acted
spector General on paid or unpaid non-duty
this important package of reforms. outside their mandates. With respect
status would—
‘‘(i) pose a threat to the Inspector General The Protecting Our Democracy Act to poor performers, we had, in my opin-
or others; would make the government more ion, a very poor performing Election
‘‘(ii) result in the destruction of evidence transparent and accountable to the Assistance Commission IG, and she re-
relevant to an investigation; or American people. signed after we started calling for her
‘‘(iii) result in loss of or damage to Govern- Provisions in this bill have been sup- to do her job. In those situations, the
ment property; and ported by both Democrats and Repub- President should have the flexibility to
‘‘(B) on or before the date on which the licans. For example, my Whistleblower remove an inspector general.
placement takes effect, submits to the Com-
Protection Improvement Act in Title The Democrats’ proposal would dra-
mittee in the House of Representatives and
the Committee in the Senate that has juris- VII is a bipartisan bill. Many of the re- matically limit the President’s author-
diction over the Inspector General involved, forms in this bill stem from efforts by ity to remove an inspector general for
the Committee on Oversight and Reform of prior administrations of both parties to dereliction of duty or undermining the
the House of Representatives, and the Com- enhance executive power. policies of a duly elected President.
mittee on Homeland Security and Govern- Democrats and Republicans in Con- My amendment mirrors bipartisan
mental Affairs of the Senate, a written com- gress should unite in reasserting con- language in the Senate which requires
munication that contains the following in- gressional authority. a detailed rationale to be provided to
formation— Representative BURGESS’ amendment
‘‘(i) a specification of which clause under
Congress prior to the removal of an IG.
subparagraph (A) the head relied on to make
would strike important reforms in the This ensures Congress has adequate
the determination under such subparagraph; bill which would ensure that Presi- oversight of the removal of an IG with-
‘‘(ii) the substantive rationale, including dents and Vice Presidents can be held out preventing a President from re-
detailed and case-specific reasons, for such accountable for criminal conduct just moving an IG who is undermining
determination; like every other American. them.
‘‘(iii) if the head relied on an inquiry to Representative COMER’s amendment Further, my amendment would help
make such determination, an identification would strike every section of the bill, remedy the ongoing concern about IG
of each entity that is conducting, or that including reforms to strengthen whis- vacancies, which has been a recurring
conducted, such inquiry; and
‘‘(iv) if an inquiry described in clause (iii)
tleblower laws that encourage Federal problem in Republican and Democrat
is completed, the findings of that inquiry.’’. employees to report government waste, administrations. My amendment re-
(d) APPLICATION.—The amendments made fraud, and abuse. quires the President to notify Congress
by this section shall apply with respect to The amendment would strike protec- if they fail to fill a vacancy and pro-
removals, transfers, and changes of status tions against Federal agencies’ misuse vide a written explanation with a tar-
occurring on or after the date that is 30 days of government funds. The amendment get date for nomination.
after the date of the enactment of this Act.
would strike the provision in the bill This amendment ensures that the IG
SEC. 4. PRESIDENTIAL EXPLANATION OF FAIL-
URE TO NOMINATE AN INSPECTOR that would require the President and community is adequately staffed to
GENERAL. Vice President to disclose their tax re- conduct nonpartisan oversight over
(a) IN GENERAL.—Subchapter III of chapter turns. Federal agencies.
33 of title 5, United States Code, is amended The sponsor of this amendment, Rep- This provision has already passed the
by inserting after section 3349d the following resentative COMER, said at the Rules House this year as part of the bipar-
new section:
Committee recently, just 2 days ago, tisan Inspector General Protection
‘‘§ 3349e. Presidential explanation of failure
that he supports that very reform. Yet, Act, H.R. 23. Yet, the Democrats are
to nominate an Inspector General
his amendment would remove it from now putting this commonsense, bipar-
‘‘If the President fails to make a formal
nomination for a vacant Inspector General the bill. tisan amendment in an en bloc de-
position that requires a formal nomination These amendments are not a serious signed to fail. Why? They are not inter-
by the President to be filled within the pe- attempt at addressing the protections ested in real reform; they are just in-
riod beginning on the date on which the va- in this bill. They are simply a mes- terested in messaging, messaging cam-
cancy occurred and ending on the day that is saging tool that will gut the Pro- paigns for the 2022 midterm elections,
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210 days after that date, the President shall tecting Our Democracy Act. which by all accounts aren’t looking
communicate, within 30 days after the end of
My colleagues from across the aisle very bright for my friends across the
such period, to Congress in writing—
‘‘(1) the reasons why the President has not continue to claim that this bill is aisle.
yet made a formal nomination; and about punishing former President This amendment and Mr. BURGESS’
‘‘(2) a target date for making a formal Trump. But Joe Biden is our President amendment should be accepted, not
nomination.’’. now, and these bold, good-government shoved aside. I encourage support of
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7611
this amendment, and I reserve the bal- This bill has nothing to do with peachment in the past 2 years. If im-
ance of my time. President Trump any more than the peached and removed from office, that
Mrs. CAROLYN B. MALONEY of New post-Watergate reforms had to do with individual, the President or Vice Presi-
York. Mr. Speaker, I yield 3 minutes to Richard Nixon. Richard Nixon’s con- dent, would then be open to prosecu-
the gentleman from New York (Mr. duct taught us certain lessons, and tion to the fullest extent of the law,
NADLER), the distinguished chair of the Donald Trump’s conduct taught us cer- well within the statute of limitations,
Committee on the Judiciary. tain lessons. The legislation before us just like every other American.
Mr. NADLER. Mr. Speaker, I rise in is the result of those lessons. Additionally, Title II is very likely
strong opposition to this en bloc The SPEAKER pro tempore. The unconstitutional, as the Sixth Amend-
amendment, and particularly to the time of the gentleman has expired. ment’s speedy trial clause protects the
Burgess amendment. Mrs. CAROLYN B. MALONEY of New accused against unreasonable delays
The Burgess amendment would strike York. I yield as much time as he may between an indictment and a trial. Ex-
one of the most important provisions consume to the gentleman. tending the statute of limitations in
in the bill, one that ensures that a sit- Mr. NADLER. Mr. Speaker, those les- Title II of this bill would only further
ting President or Vice President can be sons are for us to use to protect the fu- politicize the Presidency and Vice
held accountable for their actions, just ture. That is what this legislation is Presidency, further politicize the im-
like every other American. about, to protect the future from a peachment process, which the Demo-
This provision is necessary in order President, of any party, who may vio- crats have elevated to a high art, and
to close a dangerous loophole in the late the law, who may aggrandize make holders of those offices the tar-
law created by DOJ policy, most re- power. That is what this is about: the gets of politically motivated investiga-
cently embodied in the legal opinion by future, not the past. tions during and after their terms.
the Office of Legal Counsel, which So when I hear our Republican For those reasons, I urge support of
holds that a President cannot be crimi- friends talk about Donald Trump and this amendment and support of Mr.
nally prosecuted during his or her term talk about how he wasn’t convicted, et COMER’s amendment.
in office. cetera, it is irrelevant. We are talking Mrs. CAROLYN B. MALONEY of New
Under current law, throughout the about the future, not the past. For the York. Mr. Speaker, I am prepared to
entire period that a President is pre- future, it is necessary to pass this bill, close, and I reserve the balance of my
sumed by some to be immune from and for the future, it is necessary to time.
prosecution, the statute of limitations defeat this en bloc amendment. Mr. COMER. Mr. Speaker, I yield
continues to run on any offenses he or Mr. COMER. Mr. Speaker, again, back the balance of my time.
she may have committed. Since most they say it is not about Donald Trump, Mrs. CAROLYN B. MALONEY of New
Federal criminal offenses carry a 5- but every speaker on that side of the York. Mr. Speaker, I yield myself such
year statute of limitations, a President aisle spent a significant percentage of time as I may consume for closing.
who is not prosecuted while in office their time talking about Donald The underlying bill is about the fu-
for a crime he or she may have com- Trump. ture, the future of our democracy. It is
mitted could end up evading justice al- Mr. Speaker, I yield 3 minutes to the about strengthening our democracy.
together if the statute of limitations gentleman from Texas (Mr. BURGESS). These amendments would gut the un-
runs out before their term is over, par- Mr. BURGESS. Mr. Speaker, I do in- derlying bill, the Protecting Our De-
ticularly if they are elected to a second tend to speak on my amendment to mocracy Act.
term. H.R. 5314, but I do have to reference the I support the bill, because it includes
Allowing complete immunity from remarks recently made by the Demo- reforms, such as curbing the abuse of
criminal prosecution merely because of cratic Speaker of the House on her tes- the pardon power, increasing penalties
the office a person holds would make a timony. for political appointees who violate the
mockery of the rule of law. It is a Look, it is no news flash that Demo- Hatch Act, strengthening whistle-
maxim of our system of justice that no crats dislike the former President. blower protections and IG protections,
man is immune from the law, that no Democrats dislike President Trump. and it would require the President and
man can be a judge in his own case. The news flash is they really fear the Vice President to reveal their taxes,
Statutes of limitations are an impor- former President, and that is what this among other reforms.
tant element of criminal law. As a gen- legislation is all about, because their Mr. Speaker, I urge my colleagues to
eral matter, they provide a necessary fear is so intense and so overreaching vote ‘‘no’’ on this package of amend-
balance between protecting defendants and so preoccupying in their lives, they ments, and I yield back the balance of
from delay and allowing prosecutors can think of nothing else. my time.
adequate time to investigate and I do want to thank my friend from The SPEAKER pro tempore. Pursu-
charge cases. But the law has also long Kentucky for including me in this en ant to House Resolution 838, the pre-
recognized that certain limited excep- bloc discussion. I think the amend- vious question is ordered on the
tions to this general rule are nec- ments that Mr. COMER and I are offer- amendments en bloc offered by the
essary. The case of a sitting President, ing are an important addition to this gentlewoman from New York (Mrs.
whose prosecution is barred under Jus- bill, the so-called Protecting Our De- CAROLYN B. MALONEY).
mocracy Act. The question is on the amendments
tice Department policy, fits com-
Title II of this bill extends the stat- en bloc.
fortably among such exceptions.
ute of limitations for offenses allegedly The question was taken; and the
It is necessary, therefore, to simply
committed by a sitting President or a Speaker pro tempore announced that
pause the statute of limitations to en-
Vice President for the duration of their the noes appeared to have it.
sure that the Presidency is not a get-
Mr. COMER. Mr. Speaker, on that I
out-of-jail-free card. We must not tenure and any period of time pre-
demand the yeas and nays.
strike this essential provision, because ceding their tenure in office. While we The SPEAKER pro tempore. Pursu-
every person, no matter his or her title can agree with the title of the section, ant to section 3(s) of House Resolution
or office, must be held accountable ‘‘No President is Above the Law,’’ this 8, the yeas and nays are ordered.
under our laws. section further sets our President and Pursuant to clause 8 of rule XX, fur-
I urge strong opposition to this Vice President apart. ther proceedings on this question are
amendment. Under current law, elected officials, postponed.
Mr. Speaker, I want to mention one President and Vice President, may be
other thing. We have heard our friends investigated for alleged commissions of b 1430
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across the aisle talk about Donald crimes, and any information can then AMENDMENT NO. 25 OFFERED BY MS. OCASIO-
Trump, and they say that former Presi- be brought before Congress where Con- CORTEZ
dent Trump did nothing wrong. Demo- gress can then choose to remove that The SPEAKER pro tempore. It is now
crats, by and large, say he did a lot of official from office via impeachment. in order to consider amendment No. 25
things wrong. But that is irrelevant to We know how facile our Democratic printed in part B of House Report 117–
this debate. majority has been with the tool of im- 205.
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H7612 CONGRESSIONAL RECORD — HOUSE December 9, 2021
Ms. OCASIO-CORTEZ. Mr. Speaker, I curity Act of 1947 is amended by inserting have an opportunity to vet bills, in-
have an amendment at the desk. after the item relating to section 512 the fol- cluding amendments such as these, be-
The SPEAKER pro tempore. The lowing new item: fore they come to the floor of the
Clerk will designate the amendment. ‘‘Sec. 513. Government Accountability Office House. That is how we ensure good
The text of the amendment is as fol- analyses, evaluations, and in- bills are passed.
lows: vestigations.’’. Mr. Speaker, I reserve the balance of
At the end of subtitle B of title VIII add The SPEAKER pro tempore. Pursu- my time.
the following: ant to House Resolution 838, the gen- Ms. OCASIO-CORTEZ. Mr. Speaker, I
SEC. 814. GOVERNMENT ACCOUNTABILITY OF- tlewoman from New York (Ms. OCASIO- yield 1 minute to the gentlewoman
FICE AUDITS AND INVESTIGATIONS. CORTEZ) and a Member opposed each from New York (Mrs. CAROLYN B.
(a) AMENDMENT.—Title V of the National will control 5 minutes. MALONEY), the chairwoman of the
Security Act of 1947 (50 U.S.C. 3091 et seq.) is The Chair recognizes the gentle- House Oversight Committee.
amended by adding at the end the following
woman from New York. Mrs. CAROLYN B. MALONEY of New
new section:
‘‘SEC. 513. GOVERNMENT ACCOUNTABILITY OF-
Ms. OCASIO-CORTEZ. Mr. Speaker, York. Mr. Speaker, I rise in support of
FICE ANALYSES, EVALUATIONS, AND since its creation in 1921, the Govern- this amendment and thank the gentle-
INVESTIGATIONS. ment Accountability Office has had the woman from New York (Ms. OCASIO-
‘‘(a) IN GENERAL.—The Director of National purview to conduct oversight of all CORTEZ) for her leadership in offering
Intelligence shall, to the extent consistent Federal agencies with the goal of re- it. This amendment would clarify the
with due regard for the protection from un- ducing waste, fraud, and abuse and Government Accountability Office’s
authorized disclosure of classified informa- authority to investigate the intel-
tion relating to sensitive intelligence
holding accountable bad actors.
sources and methods, ensure that personnel However, and unfortunately, most of ligence community.
of the Government Accountability Office our intelligence agencies today are not As Congress’ watchdog, GAO helps to
designated by the Comptroller General are fully cooperative with the GAO, point- improve Federal Government perform-
provided with access to all information in ing to an outdated and vague 1988 De- ance and ensure accountability for the
the possession of an element of the intel- partment of Justice opinion. American people. GAO has the tools
ligence community that the Comptroller My amendment would allow the GAO and expertise to ensure that classified
General determines is necessary for such per- to act as a check on this behavior—not information is treated with appropriate
sonnel to conduct an analysis, evaluation, or care and confidentiality. They have
creating new powers, but restoring the
investigation of a program or activity of an been doing that for decades.
element of the intelligence community that power Congress always intended the
GAO to have. For example, as part of its audit
is requested by a committee of Congress with
This amendment is welcomed by work, GAO is authorized to examine
jurisdiction over such program or activity.
‘‘(b) CONFIDENTIALITY.—(1) The Comp- many in the intelligence community highly sensitive tax return informa-
troller General shall maintain the same level who want to protect their important tion. Strict protocols are followed to
of confidentiality for information made work and resources from abuse, par- protect that information while still en-
available for an analysis, evaluation, or in- ticularly after the last Presidency we abling GAO to carry out its important
vestigation referred to in subsection (a) as is legislative and oversight responsibil-
required of the head of the element of the in-
just endured.
This amendment was drafted in part- ities.
telligence community from which such infor- This amendment includes important
mation is obtained. Officers and employees nership with the community, and I am
safeguards to balance the protection of
of the Government Accountability Office are proud to have the support of Rep-
sensitive information with the need for
subject to the same statutory penalties for resentative ADAM SCHIFF, who serves as
unauthorized disclosure or use of such infor- oversight of the intelligence commu-
the chairman of the House Permanent
mation as officers or employees of the ele- nity.
Select Committee on Intelligence. In
ment of the intelligence community that Mr. Speaker, I urge a strong ‘‘yes’’
fact, many of my colleagues have al-
provided the Comptroller General or officers vote on this amendment.
and employees of the Government Account-
ready taken a stand in support of this Mr. COMER. Mr. Speaker, I reserve
ability Office with access to such informa- legislation because, in 2010, the House the balance of my time.
tion. passed a virtually identical amend- Ms. OCASIO-CORTEZ. Mr. Speaker, I
‘‘(2) The Comptroller General shall estab- ment. yield 1 minute to the gentleman from
lish procedures to protect from unauthorized Mr. Speaker, I reserve the balance of California (Mr. SCHIFF), the chairman
disclosure all classified and other sensitive my time.
information furnished to the Comptroller of the House Intelligence Committee.
Mr. COMER. Mr. Speaker, I rise in Mr. SCHIFF. Mr. Speaker, I rise in
General or any representative of the Comp-
opposition to this amendment. support of Representative OCASIO-COR-
troller General for conducting an analysis,
evaluation, or investigation referred to in The SPEAKER pro tempore. The gen- TEZ’s amendment.
subsection (a). Such procedures shall be es- tleman from Kentucky is recognized The GAO’s expertise and technical
tablished in consultation with the Director for 5 minutes. capacity are critical to Congress’ over-
of National Intelligence and the congres- Mr. COMER. Mr. Speaker, I must say sight. This amendment by the gentle-
sional intelligence committees. that the GAO plays an important role woman from New York (Ms. OCASIO-
‘‘(3) Before initiating an analysis, evalua- in the legislative branch, but with mat- CORTEZ) gives GAO access to important
tion, or investigation referred to in sub- ters of national security, we must en-
section (a), the Comptroller General shall information in the IC’s possession that
provide the Director of National Intelligence
sure protocols are followed to prevent is necessary for the conduct of GAO’s
and the head of each relevant element of the unauthorized disclosures of national responsibilities while also ensuring the
intelligence community with the name of security information. With this amend- protection of sensitive sources and
each officer and employee of the Government ment, it is unclear whether those pro- methods. It strikes the right balance
Accountability Office who has obtained ap- tocols are being met, creating a poten- between security, transparency, and
propriate security clearance and to whom, tial national security risk. needed oversight.
upon proper identification, records and infor- Further, the House Intelligence Com- It also imposes confidentiality re-
mation of the element of the intelligence mittee already has the authority to strictions; clarifies that GAO officers
community shall be made available in con-
ducting such analysis, evaluation, or inves-
task GAO, when necessary and appro- and employees, like their IC col-
tigation. priate, to conduct reviews of the intel- leagues, are subject to penalties for un-
‘‘(4) Any analysis, evaluation, or report ligence community and to ensure GAO authorized disclosure; and requires the
prepared pursuant to this provision shall be receives appropriate information from Comptroller General to consult with
unclassified but may include a classified the intelligence community. The House the Director of National Intelligence to
annex, which shall be submitted to the con- Intelligence Committee has done this establish protections against such un-
dlhill on DSK120RN23PROD with HOUSE
gressional intelligence committees and, con- several times in the past, making this authorized disclosures.
sistent with the protection of intelligence In sum, the amendment will enhance
amendment moot.
sources and methods, to the requesting com-
mittee with jurisdiction over the program or
Again, this is why we needed to go congressional oversight of the IC in a
activity that is the subject of the report.’’. through regular order on the various manner that protects our national se-
(b) CLERICAL AMENDMENT.—The table of bills stitched together in the under- curity. I want to thank my colleague
sections at the beginning of the National Se- lying bill. The committees need to for offering it. I urge a ‘‘yes’’ vote.
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7613
Mr. COMER. Mr. Speaker, every time that you all have peddled. I am curious Amendments en bloc No. 1;
Chairman SCHIFF rises to speak on a if you would like to take a wager on Amendments en bloc No. 2;
bill about intelligence and security and which President’s child, which Presi- Amendment No. 25;
holding the President accountable, I dent’s son, at the end of the day, once A motion to recommit, if offered;
get excited, hoping that we are going we have the gavel, will be the greatest The question on passage of the bill, if
to hear about that evidence of collu- security risk to our Nation, Hunter ordered.
sion and all the other investigations Biden or— The first electronic vote will be con-
that were conducted in this House over Mr. SCHIFF. I am happy to continue ducted as a 15-minute vote. Pursuant
the past year. to outline the contacts between the to clause 9 of rule XX, remaining elec-
Mr. SCHIFF. Will the gentleman Trump campaign and Russia, their so- tronic votes will be conducted as 5-
yield? licitation of Russian help in the elec- minute votes.
Mr. COMER. I yield to the gentleman tion, the former President’s effort to AMENDMENTS EN BLOC NO. 1 OFFERED BY MRS.
from California. coerce Ukraine into helping him cheat CAROLYN B. MALONEY OF NEW YORK
Mr. SCHIFF. Let me ask the gen- in the election. I would be happy to go The SPEAKER pro tempore. Pursu-
tleman, are you aware, just by way of chapter and verse if you would like me ant to clause 8 of rule XX, the unfin-
illustration, that the President’s cam- to use your time that way. ished business is the question on the
paign chairman, Paul Manafort, se- Right now, though, the subject of adoption of amendments en bloc No. 1,
cretly met with an agent of Russian in- this amendment is to allow the General printed in part B of House Report 117–
telligence and provided Russian intel- Accountability Office, the GAO, to help 205, on which further proceedings were
ligence with internal campaign polling Congress oversee aspects of the intel- postponed and on which the yeas and
data as well as strategic insights about ligence community, but if you are nays were ordered.
their strategy in key battleground more interested— The Clerk will redesignate the
States? Are you aware of that? Mr. COMER. I reclaim my time. They amendments en bloc.
Mr. COMER. I think everyone is spent a lot of time, a lot of time, a lot The Clerk redesignated the amend-
aware of every bit of information that of effort, a lot of tax dollars on trying ments en bloc.
you all have tried to peddle over the to peddle a lot of wrongdoing in the The SPEAKER pro tempore. The
past 4 years. previous administration. question is on the amendments en bloc
Mr. SCHIFF. Let me ask you, are you This bill is all about the previous ad- offered by the gentlewoman from New
aware, while the Trump campaign ministration. Every speaker on their York (Mrs. CAROLYN B. MALONEY).
chairman was providing internal poll- side of the aisle has mentioned Donald The vote was taken by electronic de-
ing data, that Kremlin intelligence was Trump’s name numerous times, every vice, and there were—yeas 218, nays
leading a clandestine social media speaker. It is time for the majority 211, not voting 4, as follows:
campaign to elect Donald Trump? Are party to focus on governing and get
[Roll No. 436]
you aware of that? over their obsession with Donald
Mr. COMER. I think we see every Trump. YEAS—218
day. Facebook just announced that Mr. Speaker, I yield back the balance Adams DelBene Langevin
Aguilar Delgado Larsen (WA)
Russia was trying to do a Facebook of my time. Allred Demings Larson (CT)
campaign in Ukraine, if I remember Ms. OCASIO-CORTEZ. Mr. Speaker, Auchincloss DeSaulnier Lawrence
reading that correctly. overall, the Protecting Our Democracy Axne Deutch Lawson (FL)
Mr. SCHIFF, would you yield to a Act will do much to address the weak- Barragán Dingell Lee (CA)
Bass Doggett Lee (NV)
question from me? nesses that were exposed in light of the Beatty Doyle, Michael Leger Fernandez
Mr. SCHIFF. Would you like me to last administration and exploited dur- Bera F. Levin (CA)
go on? ing President Trump’s Presidency. Beyer Escobar Levin (MI)
Bishop (GA) Eshoo Lieu
Mr. COMER. Would you yield to a I am proud to have four other amend- Blumenauer Espaillat Lofgren
question? ments being included today that ad- Blunt Rochester Evans Lowenthal
Mr. SCHIFF. Well, I am asking you. dress nepotism, codify the Biden ethics Bonamici Fletcher Luria
You asked me to present you with pledge, and regulate defense funds as Bourdeaux Foster Lynch
Bowman Frankel, Lois Malinowski
some of the information. well as inaugural committees. I hope Boyle, Brendan Gallego Maloney,
Mr. COMER. I think it is great. Are my colleagues will also see the value in F. Garamendi Carolyn B.
you aware of President Biden’s son protecting our Intelligence Commit- Brown (MD) Garcı́a (IL) Maloney, Sean
Hunter’s art dealings? Brown (OH) Garcia (TX) Manning
tees from abuse and vote to include Brownley Golden Matsui
Mr. SCHIFF. If you would like me to this amendment in the POD Act. Bush Gomez McBath
continue. Mr. Speaker, I yield back the balance Bustos Gonzalez, McCollum
Mr. COMER. Are you aware of the of my time. Butterfield Vicente McEachin
Carbajal Gottheimer McGovern
President’s son’s dealings in Congo The SPEAKER pro tempore. Pursu- Cárdenas Green, Al (TX) McNerney
with the cobalt mine? Are you aware of ant to House Resolution 838, the pre- Carson Grijalva Meeks
the dealings in Ukraine? vious question is ordered on the Carter (LA) Harder (CA) Meng
Mr. SCHIFF. To get to the gentle- amendment offered by the gentle- Cartwright Hayes Mfume
Case Higgins (NY) Moore (WI)
man’s question, I am aware of Presi- woman from New York (Ms. OCASIO- Casten Himes Morelle
dent Trump’s son meeting secretly in CORTEZ). Castor (FL) Horsford Moulton
Trump Tower in New York with the The question is on the amendment. Castro (TX) Houlahan Mrvan
The question was taken; and the Chu Hoyer Nadler
Russian delegation with the purpose of Cicilline Huffman Napolitano
receiving dirt on Hillary Clinton, Speaker pro tempore announced that Clark (MA) Jackson Lee Neal
which the Russian delegation rep- the ayes appear to have it. Clarke (NY) Jacobs (CA) Neguse
resented was part of the Russian Gov- Mr. COMER. Mr. Speaker, on that I Cleaver Jayapal Newman
Clyburn Jeffries Norcross
ernment’s effort to help elect Donald demand the yeas and nays. Cohen Johnson (GA) O’Halleran
Trump in 2016. The SPEAKER pro tempore. Pursu- Connolly Johnson (TX) Ocasio-Cortez
I am aware that Donald Trump, Jr., ant to section 3(s) of House Resolution Cooper Jones Omar
8, the yeas and nays are ordered. Correa Kahele Pallone
said in response to that Russian offer Costa Kaptur Panetta
of dirt on Donald Trump’s opponent Pursuant to clause 8 of rule XX, fur- Courtney Keating Pappas
that he would ‘‘love it,’’ suggested the ther proceedings on this question are Craig Kelly (IL) Pascrell
best time would be in late summer, and postponed. Crist Khanna Payne
dlhill on DSK120RN23PROD with HOUSE
Crow Kildee Perlmutter
had a secret meeting in Trump Tower. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
Cuellar Kilmer Peters
When asked about that secret meeting, The SPEAKER pro tempore. Pro- Davids (KS) Kim (NJ) Phillips
both the President and his son lied ceedings will resume on questions re- Davis, Danny K. Kind Pingree
Dean Kirkpatrick Pocan
about it. Are you aware of those facts? lated to H.R. 5314 previously postponed. DeFazio Krishnamoorthi Porter
Mr. COMER. I think that everyone Votes will be taken in the following DeGette Kuster Pressley
has seen all the information, again, order: DeLauro Lamb Price (NC)
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H7614 CONGRESSIONAL RECORD — HOUSE December 9, 2021
Quigley Sherman Torres (NY) b 1519 Hollingsworth McHenry Scott, Austin
Raskin Sherrill Trahan Hudson McKinley Sessions
Rice (NY) Sires Trone Messrs. LUCAS, WALBERG, and Huizenga Meijer Simpson
Ross Smith (WA) Underwood JOYCE of Ohio changed their vote from Issa Meuser Smith (MO)
Roybal-Allard Soto Vargas Jackson Miller (IL) Smith (NE)
‘‘yea’’ to ‘‘nay.’’ Jacobs (NY) Miller (WV)
Ruiz Spanberger Veasey Smith (NJ)
Ruppersberger Speier Vela
So the en bloc amendments were Johnson (LA) Miller-Meeks Smucker
Rush Stansbury Velázquez agreed to. Johnson (OH) Moolenaar Spartz
Ryan Stanton Wasserman The result of the vote was announced Johnson (SD) Mooney Stauber
Jordan Moore (AL) Steel
Sánchez Stevens Schultz as above recorded. Joyce (OH) Moore (UT)
Sarbanes Strickland Waters Stefanik
MEMBERS RECORDED PURSUANT TO HOUSE Joyce (PA) Mullin Steil
Scanlon Suozzi Watson Coleman
RESOLUTION 8, 117TH CONGRESS Katko Murphy (NC) Steube
Schakowsky Swalwell Welch Keller Nehls
Schiff Takano Wexton Baird (Walorski) Higgins (NY) Payne (Pallone) Stewart
Kelly (MS) Newhouse Taylor
Schneider Thompson (CA) Wild Barragán (Connolly) Posey (McHenry) Kelly (PA) Norman
Schrader Thompson (MS) Williams (GA) (Gallego) Huffman (Levin Rush (Quigley) Tenney
Kim (CA) Nunes Thompson (PA)
Schrier Titus Wilson (FL) Bass (Brownley) (CA)) Sires (Pallone) Kinzinger Obernolte
Buchanan Kim (CA) Tiffany
Scott (VA) Tlaib Yarmuth Smith (NJ) (Van Kustoff Owens
(Waltz) (Pfluger) Timmons
Scott, David Tonko Drew) LaHood Palazzo
Courtney (Hayes) Kirkpatrick Turner
Sewell Torres (CA) Smith (WA) LaMalfa Palmer
Crist (Soto) (Stanton) Upton
(Kilmer) Lamborn Pence
Cuellar (Green Lawson (FL) Valadao
NAYS—211 Speier Latta Perry
(TX)) (Evans) LaTurner Pfluger Van Drew
(Thompson
Aderholt Gimenez Miller-Meeks DeFazio (Brown Lesko (Miller Lesko Posey Van Duyne
(CA))
Allen Gonzales, Tony Moolenaar (MD)) (WV)) Letlow Reed Wagner
Fallon (Gooden) Loudermilk Strickland
Amodei Gonzalez (OH) Mooney Long Reschenthaler Walberg
Fulcher (Johnson (Fleischmann) (Meng) Walorski
Armstrong Good (VA) Moore (AL) Loudermilk Rice (SC)
(OH)) Mfume (Evans) Swalwell Waltz
Arrington Gooden (TX) Moore (UT) Lucas Rodgers (WA)
Garamendi Moore (UT) (Gomez) Weber (TX)
Babin Gosar Mullin Luetkemeyer Rogers (AL)
(Sherman) (Carl) Underwood Webster (FL)
Bacon Granger Murphy (NC) Mace Rogers (KY)
Granger (Cole) Napolitano (Casten) Wenstrup
Baird Graves (LA) Nehls Malliotakis Rose
Guthrie (Barr) (Correa) Veasey (Neguse) Westerman
Balderson Graves (MO) Newhouse Mann Rosendale
Hagedorn (Carl) Nehls (Cawthorn) Wilson (FL) Williams (TX)
Banks Green (TN) Norman Massie Rouzer
Hice (GA) Newman (Garcı́a (Hayes) Mast Roy Wilson (SC)
Barr Greene (GA) Nunes (Greene (GA)) (IL)) Young (Spartz) McCarthy Rutherford Wittman
Bentz Griffith Obernolte
Bergman Grothman Owens AMENDMENTS EN BLOC NO. 2 OFFERED BY MRS. McCaul Salazar Womack
Bice (OK) Guest McClain Scalise Young
Palazzo CAROLYN B. MALONEY OF NEW YORK
Biggs Guthrie McClintock Schweikert Zeldin
Palmer
Bilirakis Hagedorn The SPEAKER pro tempore. Pursu-
Pence
Bishop (NC) Harris Perry ant to clause 8 of rule XX, the unfin- NAYS—218
Boebert Harshbarger Pfluger ished business is the question on the Adams DeSaulnier Lee (NV)
Bost Hartzler Posey adoption of amendments en bloc No. 2, Aguilar Deutch Leger Fernandez
Brady Hern Reed Allred Dingell Levin (CA)
Brooks Herrell
printed in part B of House Report 117–
Rice (SC) Arrington Doggett Levin (MI)
Buchanan Herrera Beutler Rodgers (WA)
205, on which further proceedings were Auchincloss Doyle, Michael Lieu
Buck Hice (GA) Rogers (AL) postponed and on which the yeas and Axne F. Lofgren
Bucshon Higgins (LA) Rogers (KY) nays were ordered. Barragán Escobar Lowenthal
Budd Hill Bass Eshoo Luria
Burchett Hinson
Rose The Clerk will redesignate the Beatty Espaillat Lynch
Rosendale amendments en bloc.
Burgess Hollingsworth Bera Evans Malinowski
Rouzer
Calvert Hudson Roy
The Clerk redesignated the amend- Beyer Fletcher Maloney,
Cammack Huizenga ments en bloc. Bishop (GA) Foster Carolyn B.
Rutherford Blumenauer Frankel, Lois Maloney, Sean
Carey Issa Salazar The SPEAKER pro tempore. The Blunt Rochester Gallego Manning
Carl Jackson Scalise question is on the amendments en bloc Bonamici Garamendi Matsui
Carter (GA) Jacobs (NY)
Schweikert Bourdeaux Garcı́a (IL) McBath
Carter (TX) Johnson (LA) offered by the gentlewoman from New
Scott, Austin Bowman Garcia (TX) McCollum
Cawthorn Johnson (OH)
Sessions York (Mrs. CAROLYN B. MALONEY). Boyle, Brendan Golden McEachin
Chabot Johnson (SD) This will be a 5-minute vote.
Simpson F. Gomez McGovern
Cheney Jordan
Cline Joyce (OH)
Smith (MO) The vote was taken by electronic de- Brown (MD) Gonzalez, McNerney
Smith (NE) vice, and there were—yeas 211, nays Brown (OH) Vicente Meeks
Cloud Joyce (PA)
Smith (NJ) Brownley Gottheimer Meng
Clyde Katko
Smucker 218, not voting 4, as follows: Bush Green, Al (TX) Mfume
Cole Keller Bustos
Spartz [Roll No. 437] Grijalva Moore (WI)
Comer Kelly (MS) Butterfield Harder (CA) Morelle
Kelly (PA) Stauber YEAS—211
Crawford Carbajal Hayes Moulton
Crenshaw Kim (CA) Steel
Stefanik Aderholt Chabot Gaetz Carson Higgins (NY) Mrvan
Curtis Kinzinger Allen Cheney Gallagher Carter (LA) Himes Nadler
Davidson Kustoff Steil
Steube Amodei Cline Garbarino Cartwright Horsford Napolitano
Davis, Rodney LaHood Armstrong Cloud Garcia (CA) Case Houlahan Neal
DesJarlais LaMalfa Stewart
Babin Clyde Gibbs Casten Hoyer Neguse
Diaz-Balart Lamborn Taylor
Bacon Cole Gimenez Castor (FL) Huffman Newman
Donalds Latta Tenney
Baird Comer Gohmert Castro (TX) Jackson Lee Norcross
Duncan LaTurner Thompson (PA)
Balderson Crawford Gonzales, Tony Chu Jacobs (CA) O’Halleran
Dunn Lesko Tiffany Banks Crenshaw Gonzalez (OH) Cicilline Jayapal Ocasio-Cortez
Ellzey Letlow Timmons Barr Curtis Good (VA) Clark (MA) Jeffries Omar
Emmer Long Turner Bentz Davidson Gooden (TX) Clarke (NY) Johnson (GA) Pallone
Estes Loudermilk Upton Bergman Davis, Rodney Gosar Cleaver Johnson (TX) Panetta
Fallon Lucas Valadao Bice (OK) DesJarlais Granger Clyburn Jones Pappas
Feenstra Luetkemeyer Van Drew Biggs Diaz-Balart Graves (LA) Cohen Kahele Pascrell
Ferguson Mace Van Duyne Bilirakis Donalds Graves (MO) Connolly Kaptur Payne
Fischbach Malliotakis Wagner Bishop (NC) Duncan Green (TN) Cooper Keating Perlmutter
Fitzgerald Mann Walberg Boebert Dunn Greene (GA) Correa Kelly (IL) Peters
Fitzpatrick Massie Walorski Bost Ellzey Griffith Costa Khanna Phillips
Fleischmann Mast Waltz Brooks Emmer Grothman Courtney Kildee Pingree
Fortenberry McCarthy Weber (TX) Buchanan Estes Guest Craig Kilmer Pocan
Foxx McCaul Webster (FL) Buck Fallon Guthrie Crist Kim (NJ) Porter
Franklin, C. McClain Wenstrup Bucshon Feenstra Hagedorn Crow Kind Pressley
Scott McClintock Westerman Budd Ferguson Harris Cuellar Kirkpatrick Price (NC)
Fulcher McHenry Williams (TX) Burchett Fischbach Harshbarger Davids (KS) Krishnamoorthi Quigley
dlhill on DSK120RN23PROD with HOUSE
Gaetz McKinley Wilson (SC) Burgess Fitzgerald Hartzler Davis, Danny K. Kuster Raskin
Gallagher Meijer Wittman Calvert Fitzpatrick Hern Dean Lamb Rice (NY)
Garbarino Meuser Womack Cammack Fleischmann Herrell DeFazio Langevin Ross
Young Carey Fortenberry Herrera Beutler DeGette Larsen (WA) Roybal-Allard
Garcia (CA) Miller (IL)
Carl Foxx Hice (GA) DeLauro Larson (CT) Ruiz
Gibbs Miller (WV) Zeldin
Carter (GA) Franklin, C. Higgins (LA) DelBene Lawrence Ruppersberger
Carter (TX) Scott Hill Delgado Lawson (FL) Rush
NOT VOTING—4 Cawthorn Fulcher Hinson Demings Lee (CA) Ryan
Gohmert Reschenthaler
Murphy (FL) Slotkin
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CORRECTION
December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7615
Sánchez Speier Underwood [Roll No. 438] Gonzalez (OH) Lesko Rutherford
Sarbanes Stansbury Vargas Good (VA) Letlow Salazar
Scanlon Stanton Veasey YEAS—196 Gooden (TX) Long Scalise
Schakowsky Stevens Vela Adams Garcı́a (IL) Neal Gosar Loudermilk Schrader
Schiff Strickland Velázquez Aguilar Garcia (TX) Neguse Gottheimer Lucas Schrier
Schneider Suozzi Wasserman Allred Gomez Newman Granger Luetkemeyer Schweikert
Schrader Swalwell Schultz Auchincloss Gonzalez, Norcross Graves (LA) Luria Scott, Austin
Schrier Takano Waters Barragán Vicente Ocasio-Cortez Graves (MO) Mace Sessions
Scott (VA) Thompson (CA) Bass Green, Al (TX) Omar Green (TN) Malliotakis Sewell
Watson Coleman
Scott, David Thompson (MS) Beatty Grijalva Pallone Greene (GA) Mann Sherrill
Welch
Sewell Titus Bera Harder (CA) Panetta Griffith Mast Simpson
Sherman Wexton
Tlaib Beyer Hayes Pascrell Grothman McCarthy Smith (MO)
Sherrill Tonko Wild Guest McCaul Smith (NE)
Williams (GA) Bishop (GA) Higgins (NY) Payne
Sires Torres (CA) Blumenauer Himes Perlmutter Guthrie McClain Smith (NJ)
Smith (WA) Torres (NY) Wilson (FL) Hagedorn McClintock Smucker
Blunt Rochester Horsford Peters
Soto Trahan Yarmuth Harris McHenry Spanberger
Bonamici Hoyer Phillips
Spanberger Trone Bourdeaux Huffman Pingree Harshbarger McKinley Spartz
Bowman Jackson Lee Pocan Hartzler Meijer Stauber
NOT VOTING—4 Hern Meuser Steel
Boyle, Brendan Jacobs (CA) Porter
Brady Murphy (FL) F. Jayapal Pressley Herrell Miller (IL) Stefanik
Cárdenas Slotkin Brown (MD) Jeffries Price (NC) Herrera Beutler Miller (WV) Steil
Brown (OH) Johnson (GA) Quigley Hice (GA) Miller-Meeks Steube
Brownley Johnson (TX) Raskin Higgins (LA) Moolenaar Stewart
b 1532 Bush Jones Rice (NY) Hill Mooney Taylor
Butterfield Kahele Ross Hinson Moore (AL) Tenney
Mr. TAKANO, Ms. LEE of California, Carbajal Kaptur Roybal-Allard Hollingsworth Moore (UT) Thompson (PA)
and Mr. HUFFMAN changed their vote Cárdenas Keating Ruiz Houlahan Mullin Tiffany
from ‘‘yea’’ to ‘‘nay.’’ Carson Kelly (IL) Ruppersberger Huizenga Murphy (NC) Timmons
Carter (LA) Khanna Rush Issa Newhouse Trone
Messrs. GALLAGHER, NEHLS, Jackson Norman Turner
Case Kildee Ryan
CAWTHORN, and Ms. VAN DUYNE Casten Kilmer Sánchez Jacobs (NY) Nunes Upton
changed their vote from ‘‘nay’’ to Castor (FL) Kim (NJ) Sarbanes Johnson (LA) O’Halleran Valadao
Castro (TX) Kind Scanlon Johnson (OH) Obernolte Van Drew
‘‘yea.’’ Johnson (SD) Owens Van Duyne
Chu Kirkpatrick Schakowsky
So the en bloc amendments were re- Cicilline Krishnamoorthi Schiff Jordan Palazzo Vela
jected. Clark (MA) Kuster Schneider Joyce (OH) Palmer Wagner
The result of the vote was announced Clarke (NY) Langevin Scott (VA) Joyce (PA) Pappas Walberg
Cleaver Larsen (WA) Scott, David Katko Pence Walorski
as above recorded. Keller Perry Waltz
Clyburn Larson (CT) Sherman
Stated for: Cohen Lawrence Sires Kelly (MS) Pfluger Weber (TX)
Mr. ARRINGTON. Mr. Speaker, I was re- Connolly Lawson (FL) Smith (WA) Kelly (PA) Posey Webster (FL)
Cooper Lee (CA) Soto Kim (CA) Reed Wenstrup
ported as no, but I intended to vote yes. Had Kinzinger Reschenthaler Westerman
Correa Leger Fernandez Speier
I been present, I would have voted ‘‘yea’’ on Costa Levin (CA) Stansbury Kustoff Rice (SC) Wexton
rollcall No. 437. Courtney Levin (MI) Stanton LaHood Rodgers (WA) Wild
Crist Lieu Stevens LaMalfa Rogers (AL) Williams (TX)
MEMBERS RECORDED PURSUANT TO HOUSE Lamb Rogers (KY) Wilson (SC)
Crow Lofgren Strickland
RESOLUTION 8, 117TH CONGRESS Lamborn Rose Wittman
Cuellar Lowenthal Suozzi
Baird (Walorski) Huffman (Levin Reschenthaler Davids (KS) Lynch Swalwell Latta Rosendale Womack
Barragán (CA)) (Meuser) Davis, Danny K. Malinowski Takano LaTurner Rouzer Young
(Gallego) Kim (CA) Rush (Quigley) Dean Maloney, Thompson (CA) Lee (NV) Roy Zeldin
Bass (Brownley) (Pfluger) Sires (Pallone) DeFazio Carolyn B. Thompson (MS)
Buchanan Kirkpatrick DeGette Maloney, Sean Titus
NOT VOTING—4
Smith (NJ) (Van
(Waltz) (Stanton) Drew) DeLauro Manning Tlaib Hudson Nehls
Courtney (Hayes) Lawson (FL) Smith (WA) DelBene Massie Tonko Murphy (FL) Slotkin
Crist (Soto) (Evans) (Kilmer) DeSaulnier Matsui Torres (CA)
Cuellar (Green Lesko (Miller Deutch McBath Torres (NY)
Speier
(TX)) (WV))
(Thompson Dingell McCollum Trahan b 1543
DeFazio (Brown Lofgren (Jeffries) Doggett McEachin Underwood
(MD)) Loudermilk (CA)) Mr. BROWN of Maryland changed his
Doyle, Michael McGovern Vargas
Strickland
Fallon (Gooden) (Fleischmann) F. McNerney Veasey vote from ‘‘nay’’ to ‘‘yea.’’
Fulcher (Johnson Mfume (Evans) (Meng) Escobar Meeks Velázquez
(OH)) Moore (UT) Swalwell So the amendment was rejected.
Eshoo Meng Wasserman
Garamendi (Carl) (Gomez) Espaillat Mfume Schultz The result of the vote was announced
(Sherman) Napolitano Underwood Evans Moore (WI) Waters as above recorded.
Granger (Cole) (Correa) (Casten) Fletcher Morelle Watson Coleman
Guthrie (Barr) Nehls (Cawthorn) Veasey (Neguse) MEMBERS RECORDED PURSUANT TO HOUSE
Foster Moulton Welch
Hagedorn (Carl) Newman (Garcı́a Wilson (FL) Frankel, Lois Mrvan Williams (GA) RESOLUTION 8, 117TH CONGRESS
Hice (GA) (IL)) (Hayes) Gallego Nadler Wilson (FL) Baird (Walorski) Higgins (NY) Posey (McHenry)
(Greene (GA)) Payne (Pallone) Young (Spartz) Garamendi Napolitano Yarmuth Barragán (Connolly) Porter (Wexton)
Higgins (NY) Posey (McHenry) (Gallego) Huffman (Levin Reschenthaler
(Connolly) Porter (Wexton) NAYS—233 Bass (Brownley) (CA)) (Meuser)
Aderholt Burgess Donalds Buchanan Kim (CA) Rush (Quigley)
AMENDMENT NO. 25 OFFERED BY MS. OCASIO-
Allen Bustos Duncan (Waltz) (Pfluger) Sires (Pallone)
CORTEZ Kirkpatrick Smith (NJ) (Van
Amodei Calvert Dunn Courtney (Hayes)
The SPEAKER pro tempore. Pursu- Armstrong Cammack Ellzey Crist (Soto) (Stanton) Drew)
ant to clause 8 of rule XX, the unfin- Arrington Carey Emmer Cuellar (Green Lawson (FL) Smith (WA)
Axne Carl Estes (Evans) (Kilmer)
ished business is the question on (TX))
Babin Carter (GA) Fallon Lesko (Miller Speier
DeFazio (Brown
amendment No. 25, printed in part B of Bacon Carter (TX) Feenstra (MD))
(WV)) (Thompson
House Report 117–205, on which further Baird Cartwright Ferguson Lofgren (Jeffries) (CA))
Fallon (Gooden)
Balderson Cawthorn Fischbach Loudermilk Strickland
proceedings were postponed and on Fulcher (Johnson (Fleischmann) (Meng)
Banks Chabot Fitzgerald
which the yeas and nays were ordered. Barr Cheney Fitzpatrick
(OH)) Mfume (Evans) Swalwell
The Clerk will redesignate the Garamendi Moore (UT) (Gomez)
Bentz Cline Fleischmann (Sherman)
amendment. Bergman Cloud Fortenberry (Carl) Underwood
Granger (Cole)
abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE
Bice (OK) Clyde Foxx Napolitano (Casten)
The Clerk redesignated the amend- Guthrie (Barr) (Correa) Veasey (Neguse)
Biggs Cole Franklin, C.
ment. Bilirakis Comer Scott Hagedorn (Carl) Newman (Garcı́a Wilson (FL)
The SPEAKER pro tempore. The Bishop (NC) Craig Fulcher Hice (GA) (IL)) (Hayes)
Boebert Crawford Gaetz (Greene (GA)) Payne (Pallone) Young (Spartz)
question is on the amendment offered
Bost Crenshaw Gallagher
by the gentlewoman from New York Brady Curtis Garbarino
The SPEAKER pro tempore. Pursu-
(Ms. OCASIO-CORTEZ). Brooks Davidson Garcia (CA) ant to House Resolution 838, the pre-
This will be a 5-minute vote. Buchanan Davis, Rodney Gibbs vious question is ordered on the bill, as
The vote was taken by electronic de- Buck Delgado Gimenez amended.
Bucshon Demings Gohmert
vice, and there were—yeas 196, nays Budd DesJarlais Golden The question is on the engrossment
233, not voting 4, as follows: Burchett Diaz-Balart Gonzales, Tony and third reading of the bill.
VerDate Sep 11 2014 01:30 Dec 15, 2021 Jkt 029060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD21\DECEMBER\H09DE1.REC H09DE1
H7616 CORRECTION CONGRESSIONAL RECORD — HOUSE December 9, 2021
The bill was ordered to be engrossed Gibbs LaMalfa Rogers (AL) Newman Rush Swalwell
Gimenez Lamborn Rogers (KY) Norcross Ryan Takano
and read a third time, and was read the Gohmert Latta Rose O’Halleran Sánchez Thompson (CA)
third time. Gonzales, Tony LaTurner Rosendale Ocasio-Cortez Sarbanes Thompson (MS)
MOTION TO RECOMMIT Gonzalez (OH) Lesko Rouzer Omar Scanlon Titus
Good (VA) Letlow Roy Pallone Schakowsky Tlaib
Mr. RODNEY DAVIS of Illinois. Mr. Gooden (TX) Long Rutherford Panetta Schiff Tonko
Speaker, I have a motion to recommit Gosar Loudermilk Salazar Pappas Schneider Torres (CA)
at the desk. Granger Lucas Scalise Pascrell Schrader Torres (NY)
Graves (LA) Luetkemeyer Schweikert Payne Schrier Trahan
The SPEAKER pro tempore. The Graves (MO) Mace Scott, Austin Perlmutter Scott (VA) Trone
Clerk will report the motion to recom- Green (TN) Malliotakis Sessions Peters Scott, David Vargas
mit. Greene (GA) Mann Simpson Phillips Sewell Veasey
The Clerk read as follows: Griffith Massie Smith (MO) Pingree Sherman Vela
Grothman Mast Smith (NE) Pocan Sherrill Velázquez
Mr. Rodney Davis of Illinois moves to re- Guest McCarthy Smith (NJ) Porter Sires Wasserman
commit the bill H.R. 5314 to the Committee Guthrie McCaul Smucker Pressley Smith (WA) Schultz
on Oversight and Reform. Hagedorn McClain Spartz Price (NC) Soto Waters
The material previously referred to Harris McClintock Stauber Quigley Spanberger Watson Coleman
Harshbarger McHenry Steel Raskin Speier Welch
by Mr. RODNEY DAVIS of Illinois is as Hartzler McKinley Stefanik Rice (NY) Stansbury Wexton
follows: Hern Meijer Steil Ross Stanton Wild
Add at the end of division C the following: Herrell Meuser Steube Roybal-Allard Stevens Williams (GA)
Herrera Beutler Miller (IL) Stewart Ruiz Strickland Wilson (FL)
TITLE XV—REMOVAL OF NONCITIZENS Hice (GA) Miller (WV) Taylor Ruppersberger Suozzi Yarmuth
FROM VOTING ROLLS Higgins (LA) Miller-Meeks Tenney
SEC. 1501. CLARIFYING AUTHORITY OF STATES Hill Moolenaar Thompson (PA) NOT VOTING—4
TO REMOVE NONCITIZENS FROM Hinson Mooney Tiffany Fortenberry Slotkin Underwood
VOTING ROLLS. Hollingsworth Moore (AL) Timmons Murphy (FL)
(a) AUTHORITY UNDER REGULAR REMOVAL Hudson Moore (UT) Turner
Huizenga Mullin Upton
PROGRAMS.—Section 8(a)(4) of the National Issa Murphy (NC) Valadao b 1556
Voter Registration Act of 1993 (52 U.S.C. Jackson Nehls Van Drew
20507(a)(4)) is amended— Jacobs (NY) Newhouse Van Duyne So the motion to recommit was re-
(1) by striking ‘‘or’’ at the end of subpara- Johnson (LA) Norman Wagner jected.
graph (A); Johnson (OH) Nunes Walberg The result of the vote was announced
(2) by redesignating subparagraph (B) as Johnson (SD) Obernolte Walorski
Jordan Owens Waltz as above recorded.
subparagraph (C); and
Joyce (OH) Palazzo Weber (TX) Stated against:
(3) by inserting after subparagraph (A) the Joyce (PA) Palmer Webster (FL)
following new subparagraph: Ms. UNDERWOOD. Mr. Speaker, had I
Katko Pence Wenstrup
‘‘(B) the registrant’s status as a noncitizen Keller Perry Westerman
been present, I would have voted ‘‘nay’’ on
of the United States; or’’. Kelly (MS) Pfluger Williams (TX) rollcall No. 439.
(b) CONFORMING AMENDMENT RELATING TO Kelly (PA) Posey Wilson (SC) MEMBERS RECORDED PURSUANT TO HOUSE
ONGOING REMOVAL.—Section 8(c)(2)(B)(i) of Kim (CA) Reed Wittman RESOLUTION 8, 117TH CONGRESS
such Act (52 U.S.C. 20507(c)(2)(B)(i)) is Kinzinger Reschenthaler Womack
Kustoff Rice (SC) Young Baird (Walorski) Huffman (Levin Posey (McHenry)
amended by striking ‘‘(4)(A)’’ and inserting LaHood Rodgers (WA) Zeldin Barragán (CA)) Porter (Wexton)
‘‘(4)(A) or (B)’’. (Gallego) Kim (CA) Reschenthaler
The SPEAKER pro tempore. Pursu- NAYS—217 Bass (Brownley) (Pfluger) (Meuser)
Buchanan Kirkpatrick Rush (Quigley)
ant to clause 2(b) of rule XIX, the pre- Adams Davids (KS) Kaptur (Waltz) (Stanton) Sires (Pallone)
vious question is ordered on the motion Aguilar Davis, Danny K. Keating Courtney (Hayes) Lawson (FL) Smith (NJ) (Van
to recommit. Allred Dean Kelly (IL) Crist (Soto) (Evans) Drew)
Auchincloss DeFazio Khanna Cuellar (Green Lesko (Miller
The question is on the motion to re- Axne DeGette Kildee (TX)) (WV))
Smith (WA)
commit. Barragán DeLauro Kilmer (Kilmer)
Fallon (Gooden) Lofgren (Jeffries)
Bass DelBene Kim (NJ) Speier
The question was taken; and the Fulcher (Johnson Loudermilk
(Thompson
Beatty Delgado Kind (OH)) (Fleischmann)
Speaker pro tempore announced that Bera Demings Kirkpatrick (CA))
Garamendi Mfume (Evans)
the noes appeared to have it. Beyer DeSaulnier Krishnamoorthi (Sherman) Moore (UT) Strickland
Mr. RODNEY DAVIS of Illinois. Mr. Bishop (GA) Deutch Kuster Granger (Cole) (Carl) (Meng)
Blumenauer Dingell Lamb Guthrie (Barr) Napolitano Swalwell
Speaker, on that I demand the yeas (Gomez)
Blunt Rochester Doggett Langevin Hagedorn (Carl) (Correa)
and nays. Bonamici Doyle, Michael Larsen (WA) Hice (GA) Nehls (Cawthorn) Veasey (Neguse)
The SPEAKER pro tempore. Pursu- Bourdeaux F. Larson (CT) (Greene (GA)) Newman (Garcı́a Wilson (FL)
ant to section 3(s) of House Resolution Bowman Escobar Lawrence Higgins (NY) (IL)) (Hayes)
Boyle, Brendan Eshoo Lawson (FL) (Connolly) Payne (Pallone) Young (Spartz)
8, the yeas and nays are ordered. F. Espaillat Lee (CA)
This is a 5-minute vote. Brown (MD) Evans Lee (NV) The SPEAKER pro tempore. The
The vote was taken by electronic de- Brown (OH) Fletcher Leger Fernandez question is on the passage of the bill.
vice, and there were—yeas 212, nays Brownley Foster Levin (CA) The question was taken; and the
Bush Frankel, Lois Levin (MI)
217, not voting 4, as follows: Bustos Gallego Lieu Speaker pro tempore announced that
[Roll No. 439] Butterfield Garamendi Lofgren the noes appeared to have it.
Carbajal Garcı́a (IL) Lowenthal Mr. LATURNER. Mr. Speaker, on
YEAS—212 Cárdenas Garcia (TX) Luria
Aderholt Bucshon DesJarlais Carson Golden Lynch
that I demand the yeas and nays.
Allen Budd Diaz-Balart Carter (LA) Gomez Malinowski The SPEAKER pro tempore. Pursu-
Amodei Burchett Donalds Cartwright Gonzalez, Maloney, ant to section 3(s) of House Resolution
Armstrong Burgess Duncan Case Vicente Carolyn B. 8, the yeas and nays are ordered.
Arrington Calvert Dunn Casten Gottheimer Maloney, Sean
Babin Cammack Ellzey Castor (FL) Green, Al (TX) Manning This is a 5-minute vote.
Bacon Carey Emmer Castro (TX) Grijalva Matsui The vote was taken by electronic de-
Baird Carl Estes Chu Harder (CA) McBath vice, and there were—yeas 220, nays
Balderson Carter (GA) Fallon Cicilline Hayes McCollum
Banks Carter (TX) Feenstra Clark (MA) Higgins (NY) McEachin
208, not voting 6, as follows:
abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE
Barr Cawthorn Ferguson Clarke (NY) Himes McGovern [Roll No. 440]
Bentz Chabot Fischbach Cleaver Horsford McNerney YEAS—220
Bergman Cheney Fitzgerald Clyburn Houlahan Meeks
Bice (OK) Cline Fitzpatrick Cohen Hoyer Meng Adams Bishop (GA) Brownley
Biggs Cloud Fleischmann Connolly Huffman Mfume Aguilar Blumenauer Bush
Bilirakis Clyde Foxx Cooper Jackson Lee Moore (WI) Allred Blunt Rochester Bustos
Bishop (NC) Cole Franklin, C. Correa Jacobs (CA) Morelle Auchincloss Bonamici Butterfield
Boebert Comer Scott Costa Jayapal Moulton Axne Bourdeaux Carbajal
Bost Crawford Fulcher Courtney Jeffries Mrvan Barragán Bowman Cárdenas
Brady Crenshaw Gaetz Craig Johnson (GA) Nadler Bass Boyle, Brendan Carson
Brooks Curtis Gallagher Crist Johnson (TX) Napolitano Beatty F. Carter (LA)
Buchanan Davidson Garbarino Crow Jones Neal Bera Brown (MD) Cartwright
Buck Davis, Rodney Garcia (CA) Cuellar Kahele Neguse Beyer Brown (OH) Case
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December 9, 2021 CONGRESSIONAL RECORD — HOUSE H7617
Casten Johnson (TX) Peters Huizenga Meijer Sessions gency Management Agency, and for other
Castor (FL) Jones Phillips Issa Meuser Simpson purposes.
Castro (TX) Kahele Pingree Jackson Miller (IL) Smith (MO) S. 2796. An Act to amend the Omnibus
Chu Kaptur Pocan Jacobs (NY) Miller (WV) Smith (NE) Crime Control and Safe Streets Act of 1968 to
Cicilline Keating Porter Johnson (LA) Miller-Meeks Smith (NJ)
Clark (MA) Kelly (IL) Pressley Johnson (OH) Moolenaar provide for the eligibility of rural commu-
Smucker
Clarke (NY) Khanna Price (NC) Johnson (SD) Mooney Spartz nity response pilot programs for funding
Cleaver Kildee Quigley Jordan Moore (AL) Stauber under the Comprehensive Opioid Abuse
Clyburn Kilmer Raskin Joyce (OH) Moore (UT) Steel Grant Program, and for other purposes.
Cohen Kim (NJ) Rice (NY) Joyce (PA) Mullin Stefanik
Connolly Kind Ross Katko Murphy (NC)
The message also announced that the
Steil
Cooper Kinzinger Roybal-Allard Keller Nehls Steube
Senate has agreed to a joint resolution
Correa Kirkpatrick Ruiz Kelly (MS) Newhouse Stewart of the following title in which the con-
Costa Krishnamoorthi Ruppersberger Kelly (PA) Norman Taylor currence of the House is requested:
Courtney Kuster Rush Kim (CA) Nunes Tenney
Craig Lamb Ryan Kustoff Obernolte S.J. Res. 29. Joint Resolution providing for
Thompson (PA) congressional disapproval under chapter 8 of
Crist Langevin Sánchez LaHood Owens
Tiffany
Crow Larsen (WA) Sarbanes LaMalfa Palazzo title 5, United States Code, of the rule sub-
Timmons
Cuellar Larson (CT) Scanlon Lamborn Palmer mitted by the Department of Labor relating
Turner
Davids (KS) Lawrence Schakowsky Latta Pence to ‘‘COVID–19 Vacinnation and Testing;
Upton
Davis, Danny K. Lawson (FL) Schiff LaTurner Perry Emergency Temporary Standard’’.
Lesko Pfluger Valadao
Dean Lee (CA) Schneider
DeFazio Lee (NV) Schrader Letlow Posey Van Drew f
DeGette Leger Fernandez Schrier Long Reed Van Duyne
DeLauro Levin (CA) Scott (VA) Loudermilk Reschenthaler Wagner MOMENT OF SILENCE IN HONOR
DelBene Levin (MI) Scott, David Lucas Rice (SC) Walberg OF THE LIFE AND SERVICE OF
Luetkemeyer Rodgers (WA) Walorski
Delgado Lieu Sewell
Waltz
BARBARA-ROSE COLLINS
Demings Lofgren Sherman Mace Rogers (AL)
DeSaulnier Lowenthal Sherrill Malliotakis Rogers (KY) Weber (TX) (Mrs. LAWRENCE asked and was
Deutch Luria Sires Mann Rose Webster (FL) given permission to address the House
Dingell Lynch Smith (WA) Massie Rosendale Wenstrup
Westerman
for 1 minute.)
Doggett Malinowski Soto Mast Rouzer
Doyle, Michael Maloney, Spanberger McCarthy Roy Williams (TX) Mrs. LAWRENCE. Madam Speaker,
F. Carolyn B. Speier McCaul Rutherford Wilson (SC) today, my Michigan colleagues and
Escobar Maloney, Sean Stansbury McClain Salazar Wittman members of the Congressional Black
Eshoo Manning Stanton McClintock Scalise Womack
McHenry Schweikert Young
Caucus rise in honor of the life and
Espaillat Matsui Stevens
Evans McBath Strickland McKinley Scott, Austin Zeldin service of Congresswoman Barbara-
Fletcher McCollum Suozzi Rose Collins. She dedicated her life to
Foster McEachin Swalwell NOT VOTING—6
community and broke countless bar-
Frankel, Lois McGovern Takano Babin Green (TN) Murphy (FL)
Gallego McNerney Thompson (CA) Fortenberry Higgins (LA) Slotkin
riers.
Garamendi Meeks Thompson (MS) Madam Speaker, I ask that everyone
Garcı́a (IL) Meng Titus b 1607 rise for a moment of silence in honor of
Garcia (TX) Mfume Tlaib Congresswoman Barbara-Rose Collins.
Golden Moore (WI) Tonko
Ms. WATERS changed her vote from
Gomez Morelle Torres (CA) ‘‘nay’’ to ‘‘yea.’’ f
Gonzalez, Moulton Torres (NY) So the bill was passed. AUTHORIZING THE CLERK TO
Vicente Mrvan Trahan The result of the vote was announced
Gottheimer Nadler Trone MAKE CORRECTIONS IN EN-
as above recorded.
Green, Al (TX) Napolitano Underwood GROSSMENT OF H.R. 5314, PRO-
Grijalva Neal Vargas A motion to reconsider was laid on
TECTING OUR DEMOCRACY ACT
Harder (CA) Neguse Veasey the table.
Hayes Newman Vela
MEMBERS RECORDED PURSUANT TO HOUSE
Mr. RASKIN. Madam Speaker, I ask
Higgins (NY) Norcross Velázquez unanimous consent that, in the en-
Himes O’Halleran Wasserman RESOLUTION 8, 117TH CONGRESS
Horsford Ocasio-Cortez Schultz Baird (Walorski) Huffman (Levin Porter (Wexton)
grossment of H.R. 5314, the Clerk be au-
Houlahan Omar Waters Barragán (CA)) Reschenthaler thorized to correct section numbers,
Hoyer Pallone Watson Coleman (Gallego) Kim (CA) (Meuser) punctuation, spelling, and cross-ref-
Huffman Panetta Welch Bass (Brownley) (Pfluger) Rush (Quigley)
Jackson Lee Pappas Wexton Kirkpatrick
erences, and to make such other tech-
Buchanan Sires (Pallone)
Jacobs (CA) Pascrell Wild (Waltz) (Stanton) Smith (NJ) (Van
nical and conforming changes as may
Jayapal Payne Williams (GA) Courtney (Hayes) Lawson (FL) Drew) be necessary to reflect the actions of
Jeffries Pelosi Wilson (FL) Crist (Soto) (Evans) Smith (WA) the House.
Johnson (GA) Perlmutter Yarmuth Lesko (Miller
Cuellar (Green
(WV))
(Kilmer) The SPEAKER pro tempore (Ms.
(TX)) Speier KAPTUR). Is there objection to the re-
NAYS—208 Lofgren (Jeffries)
Fallon (Gooden) (Thompson
Aderholt Cawthorn Gaetz Fulcher (Johnson
Loudermilk
(CA))
quest of the gentleman from Maryland?
(Fleischmann) There was no objection.
Allen Chabot Gallagher (OH)) Strickland
Mfume (Evans)
Amodei Cheney Garbarino Garamendi Moore (UT) (Meng) f
Armstrong Cline Garcia (CA) (Sherman) (Carl) Swalwell
Arrington Cloud Gibbs Granger (Cole) Napolitano (Gomez) GUN VIOLENCE IN AMERICA
Bacon Clyde Gimenez Guthrie (Barr) Underwood
Baird Cole Gohmert
(Correa) (Ms. DEAN asked and was given per-
Hagedorn (Carl) Nehls (Cawthorn) (Casten)
Balderson Comer Gonzales, Tony Hice (GA) Veasey (Neguse)
mission to address the House for 1
Newman (Garcı́a
Banks Crawford Gonzalez (OH) (Greene (GA)) (IL)) Wilson (FL) minute and to revise and extend her re-
Barr Crenshaw Good (VA) Higgins (NY) Payne (Pallone) (Hayes) marks.)
Bentz Curtis Gooden (TX)
Bergman Davidson Gosar
(Connolly) Posey (McHenry) Young (Spartz) Ms. DEAN. Madam Speaker, another
Bice (OK) Davis, Rodney Granger f week, another week of gun deaths.
Biggs DesJarlais Graves (LA) No matter where you live—Oxford,
Bilirakis Diaz-Balart Graves (MO) MESSAGE FROM THE SENATE
Michigan; Philadelphia, Pennsylvania;
Bishop (NC) Donalds Greene (GA) A message from the Senate by Ms.
Boebert Duncan Griffith or, most recently, in my district,
Bost Dunn Grothman Byrd, one of its clerks, announced that Pottstown—no matter where you are—
Brady Ellzey Guest the Senate has passed bills of the fol- a school, a place of worship, or your
Brooks Emmer Guthrie lowing title in which the concurrence parked car—gun violence hunts down
Buchanan Estes Hagedorn
Buck Fallon Harris
of the House is requested: far too many innocent Americans and,
Bucshon Feenstra Harshbarger S. 693. An Act to amend title 5, United quite frankly, can find any one of us.
Budd Ferguson Hartzler States Code, to provide for the halt in pen- Our inaction on gun safety, ghost
dlhill on DSK120RN23PROD with HOUSE
Burchett Fischbach Hern sion payments for Members of Congress sen-
Burgess Fitzgerald Herrell
guns, and gun violence has created a
tenced for certain offenses, and for othe pur-
Calvert Fitzpatrick Herrera Beutler tragic version of Groundhog Day. Too
poses.
Cammack Fleischmann Hice (GA)
S. 2293. An Act to amend the Robert T. often we and our children wake up to
Carey Foxx Hill another headline about senseless, need-
Carl Franklin, C. Hinson Stafford Disaster Relief and Emergency As-
Carter (GA) Scott Hollingsworth sistance Act to provide certain employment less gun violence; one slaughter bleed-
Carter (TX) Fulcher Hudson rights to reservists of the Federal Emer- ing into the next.
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