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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.

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Cite this document

“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/, SHA-256 abbc2e8dc2c057670da9e9958f888e879267de9436ca0f356982657882289413.

Full text

                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




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                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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)’’;




dlhill on DSK120RN23PROD with HOUSE
                                            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




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                                              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-




dlhill on DSK120RN23PROD with HOUSE
                                            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




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                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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.




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                                                                                    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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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.




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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)




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                                                                                                                  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.



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                                                       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:




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                                                       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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