House Report 117-205 — Providing for Consideration of the Bill (H.R. 5314)
Summary
Report 117-205 of the 117th Congress, 1st Session, dated December 7, 2021, from the Committee on Rules, submitted by Ms. Scanlon, on H. Res. 838. The committee reports the resolution by a record vote of 8 to 4 with the recommendation that it be adopted. It provides for consideration of H.R. 5314, the Protecting Our Democracy Act, under a structured rule with one hour of general debate, of S. 1605 on the National Pulse Memorial in Orlando, Florida, and of S. 610 on behavioral health and well-being among health care professionals. A closing amendment offered by Representative Scanlon of Pennsylvania would change a reporting schedule from January 30 and July 30 to four dates each year and the look-back from a 6-month to a 3-month period.
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“House Report 117-205 — Providing for Consideration of the Bill (H.R. 5314).”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–205
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5314) TO PROTECT
OUR DEMOCRACY BY PREVENTING ABUSES OF PRESIDENTIAL POWER,
RESTORING CHECKS AND BALANCES AND ACCOUNTABILITY AND
TRANSPARENCY IN GOVERNMENT, AND DEFENDING ELECTIONS
AGAINST FOREIGN INTERFERENCE, AND FOR OTHER PURPOSES; PRO-
VIDING FOR CONSIDERATION OF THE BILL (S. 1605) TO DESIGNATE THE
NATIONAL PULSE MEMORIAL LOCATED AT 1912 SOUTH ORANGE AVE-
NUE IN ORLANDO, FLORIDA, AND FOR OTHER PURPOSES; AND PRO-
VIDING FOR CONSIDERATION OF THE BILL (S. 610) TO ADDRESS BEHAV-
IORAL HEALTH AND WELL-BEING AMONG HEALTH CARE PROFES-
SIONALS
DECEMBER 7, 2021.—Referred to the House Calendar and ordered to be printed
Ms. SCANLON, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 838]
The Committee on Rules, having had under consideration House
Resolution 838, by a record vote of 8 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5314, the Pro-
tecting Our Democracy Act, under a structured rule. The resolution
provides one hour of general debate equally divided and controlled
by the chair and ranking minority member of the Committee on
Oversight and Reform or their respective designees. The resolution
waives all points of order against consideration of the bill. The res-
olution provides that an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 117–20, modified
by the amendment printed in part A of this report, shall be consid-
ered as adopted and the bill, as amended, shall be considered as
read. The resolution waives all points of order against provisions
in the bill, as amended. The resolution provides that following de-
bate, each further amendment printed in part B of this report not
earlier considered as part of amendments en bloc pursuant to sec-
tion 3 shall be considered only in the order printed in this report,
may be offered only by a Member designated in this report, shall
be considered as read, shall be debatable for the time specified in
this report equally divided and controlled by the proponent and an
29–008
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2
opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question. The
resolution provides that at any time after debate the chair of the
Committee on Oversight and Reform or her designee may offer
amendments en bloc consisting of further amendments printed in
part B of this report not earlier disposed of. Amendments en bloc
shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority
member of the Committee on Oversight and Reform or their des-
ignees, shall not be subject to amendment, and shall not be subject
to a demand for division of the question. The resolution waives all
points of order against the amendments printed in part B of this
report and amendments en bloc described in section 3 of the resolu-
tion. The resolution provides one motion to recommit. The resolu-
tion provides for consideration of S. 1605, the National Defense Au-
thorization Act for Fiscal Year 2022, under a closed rule. The reso-
lution provides one hour of general debate equally divided and con-
trolled by the chair and ranking minority member of the Com-
mittee on Armed Services or their respective designees. The resolu-
tion waives all points of order against consideration of the bill. The
resolution provides that an amendment in the nature of a sub-
stitute consisting of the text of Rules Committee Print 117–21 shall
be considered as adopted and the bill, as amended, shall be consid-
ered as read. The resolution waives all points of order against pro-
visions in the bill, as amended. The resolution provides one motion
to commit. The resolution provides that the chair of the Committee
on Armed Services may insert in the Congressional Record not
later than December 10, 2021, such material as he may deem ex-
planatory of S. 1605. The resolution further provides for consider-
ation of S. 610, the Protecting Medicare and American Farmers
from Sequester Cuts Act, under a closed rule. The resolution pro-
vides one hour of general debate equally divided and controlled by
the chair and ranking minority member of the Committee on Ways
and Means or their respective designees. The resolution waives all
points of order against consideration of the bill. The resolution pro-
vides that an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 117–22 shall be considered as
adopted and the bill, as amended, shall be considered as read. The
resolution waives all points of order against provisions in the bill,
as amended. The resolution provides one motion to commit. The
resolution provides that at any time through the legislative day of
Thursday, December 9, 2021, the Speaker may entertain motions
offered by the Majority Leader or a designee that the House sus-
pend the rules with respect to multiple measures that were the ob-
ject of motions to suspend the rules on November 30, 2021, Decem-
ber 1, 2021, or December 8, 2021, and on which the yeas and nays
were ordered and further proceedings postponed. The Chair shall
put the question on any such motion without debate or intervening
motion, and the ordering of the yeas and nays on postponed mo-
tions to suspend the rules with respect to such measures is va-
cated.
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3
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H.R.
5314 includes a waiver of clause 12 of rule XXI, which prohibits
consideration of a bill pursuant to a special order of business re-
ported by the Committee on Rules that has not been reported by
a committee.
Although the resolution waives all points of order against provi-
sions in H.R. 5314, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments printed in part B of this report and amendments en
bloc described in section 3 of the resolution, the Committee is not
aware of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against consid-
eration of S. 1605, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against provi-
sions in S. 1605, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of S. 610
includes waivers of the following:
• Clause 10 of rule XXI, which prohibits consideration of a meas-
ure that has a net effect of increasing the deficit or reducing the
surplus over the five- or 10-year period; however, the budgetary ef-
fects of the bill are fully offset over the 10-year period.
• Section 306 of the Congressional Budget Act, which prohibits
consideration of legislation within the jurisdiction of the Committee
on the Budget unless referred to or reported by the Budget Com-
mittee.
Although the resolution waives all points of order against provi-
sions in S. 610, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
Rules Committee record vote No. 170
Motion by Mr. Burgess to provide for a division of the question
for the House Amendment to S. 610. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... ................... Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 171
Motion by Mr. Burgess to amend the rule to H.R. 5314 to make
in order amendment #6, offered by Rep. Burgess (TX), which re-
places Title VII Subtitle A of the bill with language to require a
detailed rationale to be provided to Congress prior to the removal
of an Inspector General. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... ................... Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 172
Motion by Mr. Burgess to amend the rule to H.R. 5314 to make
in order amendment #11, offered by Rep. Burgess (TX), which re-
quires subpoenas to have approval of both the Chair and Ranking
Member of the relevant committees or a two-thirds majority of such
committees. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... ................... Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 173
Motion by Mr. Reschenthaler to amend the rule to H.R. 5314 to
make in order amendment #31, offered by Rep. Bergman (MI),
which prohibits immediate family members of the President and
Vice President from accepting foreign emoluments. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... ................... Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 174
Motion by Ms. Scanlon to report the rule. Adopted: 8–4
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... ................... Mr. Cole ........................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mr. Reschenthaler ............................................ Nay
Ms. Scanlon ...................................................... Yea Mrs. Fischbach ................................................ Nay
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. Neguse ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 5314 IN PART A CONSIDERED
AS ADOPTED
1. Maloney, Carolyn (NY): Strikes the bill’s applicability to the
District of Columbia government, prohibits the practice of can-
didates compensating spouses for campaign-related services, and
makes other technical changes.
SUMMARY OF THE AMENDMENTS TO H.R. 5314 IN PART B MADE IN
ORDER
1. Adams (NC): Requires the FEC to make an income tax return
public and post online within 48 hours of receiving a return, includ-
ing redactions. However, if an income tax return requires consider-
able, extensive, and significant time for the FEC to make
redactions, the FEC may make the return available after 48 hours
but not later than 30 days after receipt of return. (10 minutes)
2. Aguilar (CA): Requires that each state chief’s election official
creates a database of election officials who have received threats
against them and need their personally identifiable information
(PII) protected to ensure safe and fair elections. Ensures these indi-
viduals can request their PII be removed from public websites. Re-
vision removes provision concerning restrictions on data brokers.
(10 minutes)
3. Burgess (TX): Strikes Title II. (10 minutes)
4. Cicilline (RI), Quigley (IL): Requires the White House to main-
tain a publicly accessible website that includes salary and financial
disclosure information for White House employees. (10 minutes)
5. Clark, Katherine (MA): Adds the President, Vice President,
and any Cabinet member to the current statutory prohibition on
members of Congress contracting with the federal government. (10
minutes)
6. Cohen (TN): Changes the definition of a ‘‘covered offense’’ in
Title I § 102 to include pardons issued to any third degree relative
of the President, any member or former member of the President’s
administration, any person who worked on the President’s presi-
dential campaign as a paid employee, or any person or entity when
the offense at issue is motivated by a direct and significant per-
sonal or pecuniary interest of any of the described individuals. (10
minutes)
7. Comer (KY): Strikes all sections of the bill and retitles as the
‘‘Inspector General Stability Act’’, but preserves a modified Title
VII Subtitle A (Requiring Cause for Removal) which instead re-
quires Congressional notification and a detailed rationale prior to
an IG’s removal, and also preserves Title VII Subtitle C (Congres-
sional Notification) which previously passed the House as H.R. 23.
(10 minutes)
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6
8. Connolly (VA): Protects merit system principles by limiting
federal employee reclassifications to the five excepted service
schedules in use prior to fiscal year 2021 (based on the bipartisan
Preventing a Patronage System Act). (10 minutes)
9. Correa (CA), Issa (CA): Closes the loophole that allows agen-
cies to treat requests for information from members of Congress as
FOIA requests by clarifying that the Freedom of Information Act
prohibits executive branch agencies from responding to congres-
sional requests for information with records that have been subject
to FOIA redactions. This clarification would ensure that executive
branch agencies are not using the law’s exemptions to withhold in-
formation from elected officials conducting oversight. (10 minutes)
10. Correa (CA): Requires all Congressionally mandated reports
from the executive branch to be transmitted to Congress in ma-
chine readable format. (10 minutes)
11. DelBene (WA): Directs the Federal Election Commission
(FEC), in consultation with the National Institute of Standards and
Technology (NIST), the Cybersecurity and Infrastructure Security
Agency (CISA), and other appropriate offices, to issue guidance for
political committees and vendors on cybersecurity risks and best
practices. Requires the FEC to regularly update this guidance. (10
minutes)
12. Foxx (NC): Creates an Inspector General for the Office of
Management and Budget to bring transparency and accountability
to the agency. (10 minutes)
13. Foxx (NC): Creates parity in enforcement for Oversight and
Reform Committee ‘‘Rule of 7’’ requests to protect minority party
requests for information. (10 minutes)
14. Gallego (AZ): Requires the President-elect to report to Con-
gress on individuals in an incoming administration that are seek-
ing a security clearance and the status of that clearance, including
interim clearances. Requires the President or relevant agency to re-
port to Congress at any point when an immediate family member
of the President seeks a security clearance and the status of that
clearance, including interim clearances. (10 minutes)
15. Golden (ME): Expands President and other covered officials’
emolument disclosures to cover emoluments received or expected by
spouses and dependent children, in line with other financial disclo-
sures for spouses and dependent children in 5a USC 102(e). (10
minutes)
16. Issa (CA): States that an incoming staffer in a Member office
who already has a clearance shall not be counted against the two
clearances per office that the current House rules allow. (10 min-
utes)
17. Kilmer (WA), Rice, Kathleen (NY), Sarbanes (MD), Crist
(FL): Modernizes Federal Election Commission (FEC) disclosure re-
quirements to ensure online political advertisements meet the
same transparency and disclosure requirements that already apply
to political ads sold on TV, radio, and satellite platforms. Also re-
quires online platforms to take reasonable steps to ensure that for-
eign individuals and entities are not purchasing political advertise-
ments in order to influence the American electorate, and directs
the FEC to commission an independent study and report on media
literacy with respect to online political content consumption among
voting-age Americans. (10 minutes)
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18. Lynch (MA): Prohibits the use of deepfakes within 60 days
of a federal election and establishes corresponding criminal and
civil penalties. (10 minutes)
19. Maloney, Sean (NY): Clarifies language in the Former Presi-
dents Act to state that impeachment and conviction, regardless of
removal, makes a former president ineligible for benefits. Imposes
a new mandate on former presidents that if convicted of a felony
for crimes committed during or after office, some benefits would be
forfeited. (10 minutes)
20. McGovern (MA), Meijer (MI), DeFazio (OR): Strengthens safe-
guards in the bill against presidential abuse of emergency powers
by prohibiting their use for purposes other than emergencies; pro-
viding expedited procedures for joint resolutions to end emergency
declarations; and ending ‘‘permanent emergencies’’ through a five-
year limit. (10 minutes)
21. Ocasio-Cortez (NY): Expands coverage of section 3110 of title
5 of the U.S. Code to prohibit nepotistic appointments to the Exec-
utive Office of the President. (10 minutes)
22. Ocasio-Cortez (NY), Lynch (MA): Codifies President Biden’s
Executive Order on ethics commitments by executive branch per-
sonnel. (10 minutes)
23. Ocasio-Cortez (NY): Directs the Office of Government Ethics
to promulgate regulations establishing ethics requirements for the
establishment or operation of legal expense funds for the benefit of
the President, Vice President, or any political appointee. (10 min-
utes)
24. Ocasio-Cortez (NY), Scanlon (PA): Imposes disclosure require-
ments on inaugural committees, prohibits committees from taking
money from foreign nationals; shadow entities; and corporations;
and prohibits conversion of committee resources for personal use or
for personal benefit. (10 minutes)
25. Ocasio-Cortez (NY): Asserts the Government Accountability
Office’s investigatory powers over the intelligence community. Re-
quires the Director of National Intelligence to ensure that GAO
personnel are provided with access to information in possession by
the intelligence community that the Comptroller General deter-
mines necessary for analysis, evaluation, or investigation requested
by the relevant committee of Congress. (10 minutes)
26. Omar (MN): Ensures agency interns are covered by whistle-
blower provisions. (10 minutes)
27. Pascrell (NJ), Quigley (IL): Amends Title X to clarify ability
of federal officials to visit federal property prior to an election, re-
quires disclosure of Hatch Act Investigations for certain employees,
makes the Hatch Act applicable to the President and Vice Presi-
dent while conducting official duties on White House and White
House grounds, strengthens Hatch Act violation penalties, grants
the Office of Special Counsel rulemaking authority and ability to
continue investigating certain employees, grants the Merit System
Protection Board the ability to enforce subpoenas against certain
employees, and conducts a GAO review of Hatch Act provisions. (10
minutes)
28. Phillips (MN): Explicitly prohibits conventions of national po-
litical parties for congressional, presidential, and vice-presidential
candidates from being held on or in any federal property, including
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the White House and surrounding grounds. Violations are subject
to civil penalties, imprisonment, or both. (10 minutes)
29. Phillips (MN), Raskin (MD): Directs the Election Assistance
Commission (EAC) to establish a program to support state and
local governments in the transition to ranked choice voting (a sys-
tem in which voters rank candidates in order of preference). (10
minutes)
30. Quigley (IL), Cicilline (RI), Ocasio-Cortez (NY): Requires the
President to establish and periodically update a public database of
White House visitor records, including the names of visitors, with
whom visitors met, and the purpose of the visit. Allows for certain
exceptions, including for particularly sensitive meetings and purely
personal guests. (10 minutes)
31. Raskin (MD): Strengthens Title II of the Act to ensure that
if a sitting President or Vice President is indicted while in office,
a trial or other legal proceeding may only be delayed if it interferes
with the defendant’s official duties and ensures the burden to delay
legal proceedings falls on the defendant. (10 minutes)
32. Ross (NC): Prohibits the President from requiring an officer
or employee of the Executive Office of the President to enter into
a nondisclosure agreement that is not related to the protection of
classified or controlled unclassified information as a condition of
employment or upon separation from the civil service. (10 minutes)
33. Ross (NC): Directs the Department of Justice (DOJ) to create
an election threats task force to work with federal, state, and local
partners to prioritize identifying, investigating, and prosecuting
threats and acts of violence against election officials, workers, and
their families. (10 minutes)
34. Scanlon (PA): Changes the frequency that the Inspector Gen-
eral of the Department of Justice must report to Congress improper
communications between DOJ and the White House. The bill in-
creases the requirement to report on the DOJ/White House commu-
nications logs from every six months to every three months. (10
minutes)
PART A—TEXT OF AMENDMENT TO H.R. 5314 CONSIDERED AS ADOPTED
Page 42, lines 15 through 16, strike ‘‘executive agency or the Dis-
trict of Columbia government’’ and insert ‘‘agency’’.
Page 42, lines 19 through 20, strike ‘‘executive agency or the Dis-
trict of Columbia government’’ and insert ‘‘agency’’.
Page 42, lines 24 through 25, strike ‘‘executive agency or the Dis-
trict of Columbia government’’ and insert ‘‘agency’’.
Page 44, strike lines 7 through 9, and insert the following (re-
numbering accordingly):
(1) by striking ‘‘If ’’ and inserting ‘‘(a) If ’’;
(2) by inserting ‘‘or if the Comptroller General determines
that an officer or employee of such entity violated section
1341(a) or 1342,’’ before ‘‘the head of the agency’’;
Page 45, lines 2 through 3, strike ‘‘executive agency or District
of Columbia government’’ and insert ‘‘entity filing the report’’.
Page 45, lines 7 through 8, strike ‘‘executive agency or District
of Columbia government, as applicable,’’ and insert ‘‘entity filing
the report’’.
Page 45, strike lines 14 through 17, and insert the following (re-
numbering accordingly):
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9
(1) by inserting ‘‘or if the Comptroller General determines
that an officer or employee of such entity violated subsection
(a),’’ before ‘‘the head of the executive agency’’;
Page 46, lines 9 through 10, strike ‘‘executive agency or District
of Columbia government’’ and insert ‘‘entity filing the report’’.
Page 46, lines 14 through 15, strike ‘‘executive agency or District
of Columbia government, as applicable,’’ and insert ‘‘entity filing
the report’’.
Page 47, lines 2 through 4, strike ‘‘If an executive agency or the
District of Columbia reports, under section 1351, a violation’’ and
insert ‘‘If a report is made under section 1351 of a violation’’.
Page 47, lines 16 through 17, strike ‘‘executive agency and the
District of Columbia government’’ and insert ‘‘reporting entity’’.
Page 47, line 25 through page 48, line 1, strike ‘‘of the United
States Government or of the District of Columbia government’’.
Page 48, lines 7 through 8, strike ‘‘of the United States Govern-
ment or of the District of Columbia government’’.
Page 48, lines 17 through 19, strike ‘‘If an executive agency or
the District of Columbia reports, under section 1517(b), a violation’’
and insert ‘‘If a report is made under section 1517(b) of a violation’’.
Page 49, lines 6 through 7, strike ‘‘executive agency and the Dis-
trict of Columbia government’’ and insert ‘‘reporting entity’’.
Page 49, lines 15 through 16, strike ‘‘of the United States Gov-
ernment or of the District of Columbia government’’.
Page 49, lines 22 through 23, strike ‘‘of the United States Gov-
ernment or of the District of Columbia government’’.
Page 74, strike line 11 and all that follows through page 75, line
3.
Page 75, strike lines 8 through 19 and insert the following:
(2) INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.—Sec-
tion 207 of the International Emergency Economic Powers Act
(50 U.S.C. 1706) is amended by adding at the end the fol-
lowing:
‘‘(c) In this section, the term ‘National Emergencies Act’ means
the National Emergencies Act, as in effect on the day before the
date of the enactment of the Congressional Power of the Purse
Act.’’.
Page 157, beginning on line 15, strike ‘‘FOREIGN INTER-
FERENCE’’ and insert ‘‘FOREIGN INTERFERENCE; PROHIB-
ITING CAMPAIGNS FROM PAYING SPOUSE OF CAN-
DIDATE’’.
Page 175, insert after line 18 the following:
TITLE XV—PROHIBITING CAMPAIGNS
FROM PAYING SPOUSE OF CANDIDATE
SEC. 1501. PROHIBITING USE OF CAMPAIGN FUNDS TO COMPENSATE
SPOUSES OF CANDIDATES; DISCLOSURE OF PAYMENTS
MADE TO SPOUSES AND FAMILY MEMBERS.
(a) PROHIBITION; DISCLOSURE.—Section 313 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding
at the end the following new subsection:
‘‘(d) PROHIBITING COMPENSATION OF SPOUSES; DISCLOSURE OF
PAYMENTS TO SPOUSES AND FAMILY MEMBERS.—
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10
‘‘(1) PROHIBITING COMPENSATION OF SPOUSES.—Notwith-
standing any other provision of this Act, no authorized com-
mittee of a candidate or any other political committee estab-
lished, maintained, or controlled by a candidate or an indi-
vidual holding Federal office (other than a political committee
of a political party) shall directly or indirectly compensate the
spouse of the candidate or individual (as the case may be) for
services provided to or on behalf of the committee.
‘‘(2) DISCLOSURE OF PAYMENTS TO SPOUSES AND IMMEDIATE
FAMILY MEMBERS.—In addition to any other information in-
cluded in a report submitted under section 304 by a committee
described in paragraph (1), the committee shall include in the
report a separate statement of any payments, including direct
or indirect compensation, made to the spouse or any immediate
family member of the candidate or individual involved during
the period covered by the report.
‘‘(3) IMMEDIATE FAMILY MEMBER DEFINED.—In this sub-
section, the term ‘immediate family member’ means the son,
daughter, son-in-law, daughter-in-law, mother, father, brother,
sister, brother-in-law, sister-in-law, or grandchild of the can-
didate or individual involved.’’.
(b) CONFORMING AMENDMENT.—Section 313(a)(1) of such Act (52
U.S.C. 30114(a)(1)) is amended by striking ‘‘for otherwise’’ and in-
serting ‘‘subject to subsection (d), for otherwise’’.
SEC. 1502. IMPOSITION OF PENALTY AGAINST CANDIDATE OR OFFICE-
HOLDER.
(a) IN GENERAL.—Section 309 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30109) is amended by adding at the end the
following new subsection:
‘‘(e) In the case of a violation of section 313(d) committed by a
committee described in such section, if the candidate or individual
involved knew of the violation, any penalty imposed under this sec-
tion shall be imposed on the candidate or individual and not on the
committee.’’.
(b) PROHIBITING REIMBURSEMENT BY COMMITTEE.—Section 313(d)
of such Act (52 U.S.C. 30114(d)), as added by section 1501(a), is
amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) PROHIBITING REIMBURSEMENT BY COMMITTEE OF PENALTY
PAID BY CANDIDATE FOR VIOLATIONS.—A committee described in
paragraph (1) may not make any payment to reimburse the
candidate or individual involved for any penalty imposed for a
violation of this subsection which is required to be paid by the
candidate or individual under section 309(e).’’.
SEC. 1503. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
compensation and payments made on or after the date of enact-
ment of this Act.
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PART B—TEXT OF AMENDMENTS TO H.R. 5314 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ADAMS OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 155, strike lines 10 through 19, and insert the following:
(4) TREATMENT AS A REPORT FILED UNDER THE FEDERAL ELEC-
TION CAMPAIGN ACT OF 1971.—Section 304(a)(11) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)) is
amended by adding at the end the following:
‘‘(E) An income tax return filed under the Protecting Our Democ-
racy Act of 2021 shall be filed in electronic form accessible by com-
puters and shall be treated as a report filed under and required by
this Act for purposes of subparagraphs (B) and (C), except that if
it would require considerable, extensive, and significant time for
the Commission to make redactions to such a return, as required
under section 1201(b)(3) of the Protecting Our Democracy Act of
2021 or subparagraph (B)(ii) of section 6103(l)(23) of the Internal
Revenue Code of 1986, the Commission may make the return avail-
able for public inspection more than 48 hours after receipt by the
Commission, but in no event later than 30 days after receipt by the
Commission.’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AGUILAR
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 175, insert after line 18 the following (and redesignate the
succeeding provisions accordingly):
DIVISION D—PROTECTING ELECTION OFFICIALS
TITLE XV—PROTECTING ELECTION OFFICIALS FROM
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFOR-
MATION
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Election Officials Protection Act’’.
SEC. 1502. REQUIRING STATES TO MAINTAIN LIST OF ELECTION OFFI-
CIALS PROTECTED FROM DISCLOSURE OF PERSONALLY
IDENTIFIABLE INFORMATION.
(a) REQUIREMENT.—Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section
303 the following new section:
‘‘SEC. 303A. MAINTENANCE OF LIST OF ELECTION OFFICIALS PRO-
TECTED FROM DISCLOSURE OF PERSONALLY IDENTIFI-
ABLE INFORMATION.
‘‘(a) IN GENERAL.—The office of the chief State election official of
a State shall establish a program under which the office shall
maintain a list of election officials whose personally identifiable in-
formation is protected from disclosure and kept confidential under
the Election Officials Protection Act.
‘‘(b) ELIGIBILITY FOR PARTICIPATION IN PROGRAM.—
‘‘(1) CONTENTS OF APPLICATION.—An election official is eligi-
ble to be a program participant in the program established
under this section if the official submits to the office of the
chief State election official an application, at such time and in
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12
such form as the official may require, which contains the fol-
lowing information and assurances:
‘‘(A) Documentation showing that the applicant is to
commence service as an election official in the State or is
currently serving as an election official in the State.
‘‘(B) A sworn statement that the applicant fears for his
or her safety or the safety of his or her family, or the safe-
ty of the minor or incapacitated person on whose behalf
the application is made, due to his or her service as an
election official.
‘‘(C) Any police, court, or other government agency
records or files that show any complaints of alleged threats
or acts of violence against the applicant.
‘‘(D) The signature of the applicant and of any individual
or representative of any office designated in writing who
assisted in the preparation of the application, and the date
on which the applicant signed the application.
‘‘(E) Such other information and assurances as the chief
State election official may require.
‘‘(2) PERIOD OF PARTICIPATION.—Upon filing a properly com-
pleted application under this subsection, the chief State elec-
tion official shall certify the applicant as a program participant
for a period of 4 years following the date of filing, unless the
applicant’s participation in the program is terminated before
that date as provided under subsection (d).
‘‘(c) ADDITIONAL NOTICE TO PROGRAM PARTICIPANTS.—The office
of the chief State election official shall provide each program partic-
ipant a notice in clear and conspicuous font that contains all of the
following information:
‘‘(1) The program participant may create a revocable living
trust and place his or her real property into the trust to protect
his or her residential street address from disclosure in real
property transactions.
‘‘(2) The program participant may obtain a change of his or
her legal name to protect his or her anonymity.
‘‘(3) A list of contact information for entities that the pro-
gram participant may contact to receive information on, or re-
ceive legal services for, the creation of a trust to hold real prop-
erty or obtaining a name change, including county bar associa-
tions, legal aid societies, State and local agencies, or other non-
profit organizations that may be able to assist program partici-
pants.
‘‘(d) TERMINATION OF PARTICIPATION.—
‘‘(1) GROUNDS FOR TERMINATION.—The chief State election of-
ficial may terminate a program participant’s participation in
the program for any of the following reasons:
‘‘(A) The program participant submits to the chief State
election official written notification of withdrawal, in
which case the participation shall be terminated on the
date of receipt of the notification.
‘‘(B) The program participant’s certification term has ex-
pired and the participant did not complete an application
for renewal of the certification.
‘‘(C) The chief State election official determines that
false information was used in the application process to
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13
qualify as a program participant or that participation in
the program is being used as a subterfuge to avoid detec-
tion of illegal or criminal activity or apprehension by law
enforcement.
‘‘(D) The program participant fails to disclose a change
in the participant’s status as an election official.
‘‘(2) APPEAL.—Except in the case of a termination on the
grounds described in subparagraph (A) of paragraph (1), the
chief State election official shall send written notification of the
intended termination to the program participant. The program
participant shall have 30 business days in which to appeal the
termination under procedures developed by the chief State
election official.
‘‘(3) NOTIFICATION OF LOCAL OFFICES.—The chief State elec-
tion official shall notify in writing the appropriate local election
officials, county clerks, and local recording offices of the pro-
gram participant’s termination of participation in the program.
Upon receipt of this termination notification, such officials,
clerks, and offices—
‘‘(A) shall transmit to the chief State election official all
appropriate administrative records pertaining to the pro-
gram participant; and
‘‘(B) shall no longer be responsible for maintaining the
confidentiality of the program participant’s record.
‘‘(4) TREATMENT OF RECORDS.—
‘‘(A) CONFIDENTIALITY.—Upon termination of a program
participant’s certification, the chief State election official
shall retain records as follows:
‘‘(i) Except as provided in subparagraph (B), any
records or documents pertaining to a program partici-
pant shall be held confidential.
‘‘(ii) All records or documents pertaining to a pro-
gram participant shall be retained for a period of three
years after termination of certification and then de-
stroyed without further notice.
‘‘(B) EXCEPTION FOR TERMINATION BASED ON FALSE IN-
FORMATION OR SUBTERFUGE.—In the case of a termination
on the grounds described in subparagraph (C) of para-
graph (1), the chief State election official may disclose in-
formation contained in the participant’s application.
‘‘(e) DEFINITIONS.—
‘‘(1) ELECTION OFFICIAL.—In this section, an ‘election official’
with respect to a State is any individual, including a volunteer,
who is authorized by the State to carry out duties relating to
the administration of elections for Federal office held in the
State.
‘‘(2) MEMBER OF THE IMMEDIATE FAMILY.—In this section, the
term ‘member of the immediate family’ means, with respect to
an individual, a spouse, domestic partner, child, stepchild, par-
ent, or any blood relative of an individual who lives in the
same residence as the individual.
‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘per-
sonally identifiable information’ means, with respect to any in-
dividual—
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14
‘‘(A) a home address, including a primary residence or
vacation home address;
‘‘(B) a home, personal mobile, or direct telephone line to
a private office or residence;
‘‘(C) a personal email address;
‘‘(D) a social security number, driver’s license number, or
voter registration information that includes a home ad-
dress;
‘‘(E) a bank account or credit or debit card information;
‘‘(F) property tax records or any property ownership
records, including a secondary residence and any invest-
ment property at which the individual resides for part of
a year;
‘‘(G) birth and marriage records;
‘‘(H) vehicle registration information;
‘‘(I) the identification of children of the individual under
the age of 18;
‘‘(J) the date of birth;
‘‘(K) directions to a home of the individual or a member
of the immediate family of the individual;
‘‘(L) a photograph of any vehicle including the license
plate or of a home including an address of the individual
or member of the immediate family of the individual;
‘‘(M) the name and location of a school or day care facil-
ity attended by a child of the individual or by a child of
a member of the immediate family of the individual; or
‘‘(N) the name and location of an employer of the indi-
vidual or a member of the immediate family of the indi-
vidual.’’.
(b) CONFORMING AMENDMENT RELATING TO ENFORCEMENT.—Sec-
tion 401 of such Act (52 U.S.C. 21111) is amended by striking ‘‘and
303’’ and inserting ‘‘303, and 303A’’.
(c) CLERICAL AMENDMENT.—The table of contents of such Act is
amended by inserting after the item relating to section 303 the fol-
lowing:
‘‘Sec. 303A. Maintenance of list of election officials protected from disclosure of per-
sonally identifiable information.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect September 1, 2022.
SEC. 1503. PROHIBITING PERSONS FROM MAKING INFORMATION ON
PROGRAM PARTICIPANTS AVAILABLE.
(a) REQUIREMENTS FOR PERSONS RECEIVING REQUESTS FROM
PROGRAM PARTICIPANTS.—If any person, including a business or as-
sociation and a local government or other public entity, receives a
written request from an individual who is a program participant
under the program established by a State under section 303A of
the Help America Vote Act of 2002 (hereafter referred to as a ‘‘pro-
gram participant’’) or the agent of a program participant to not dis-
close the participant’s personally identifiable information—
(1) such person may not knowingly post or publicly display
the participant’s personally identifiable information on the
Internet, including on any website or subsidiary website con-
trolled by such person;
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15
(2) such person may not knowingly transfer for consideration
the participant’s personally identifiable information to any
other person, including a business or association, through any
medium;
(3) if the participant or the agent of the participant includes
information in the written request to indicate that the disclo-
sure of the participant’s personally identifiable information
would cause or threaten to cause imminent great bodily harm
to the participant or a member of the immediate family of the
participant, such person may not knowingly transfer without
consideration the participant’s personally identifiable informa-
tion to any other person, including a business or association,
through any medium; and
(4) if, prior to receiving the request, such person publicly dis-
played the participant’s personally identifiable information on
the Internet on any website or subsidiary website controlled by
such person, such person shall remove the information from
such websites not later than 72 hours after receiving the re-
quest.
(b) ENFORCEMENT.—
(1) ACTION FOR INJUNCTIVE OR DECLARATORY RELIEF.—A pro-
gram participant who is aggrieved by a violation of subsection
(a) or subsection (b) may bring an action seeking injunctive or
declaratory relief in any court of competent jurisdiction. If the
court grants injunctive or declaratory relief, the person respon-
sible for the violation shall be required to pay the participant’s
costs and reasonable attorney’s fees.
(2) ACTION FOR DAMAGES.—
(A) IN GENERAL.—A program participant who is ag-
grieved by a violation of subsection (a) or subsection (b)
may bring an action for damages in any court of competent
jurisdiction.
(B) DAMAGES.—A prevailing plaintiff in an action de-
scribed in subparagraph (A) shall, for each violation, be
awarded damages in an amount determined by the court,
except that such amount—
(i) may not exceed 3 times the actual damages to the
plaintiff; and
(ii) may not be less than $10,000.
(c) DEFINITIONS.—In this section, the terms ‘‘member of the im-
mediate family’’ and ‘‘personally identifiable information’’ have the
meaning given such terms in section 303A of the Help America
Vote Act of 2002.
(d) SEVERABILITY.—If any provision of this section, or the applica-
tion of a provision of this section to any person or circumstance, is
held to be unconstitutional, the remainder of this section, and the
application of the provisions of this section to any person or cir-
cumstance, shall not be affected by the holding.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Strike title II.
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16
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE
OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of part 1 of subtitle B of division B the following
new section:
SEC. 516. WHITE HOUSE EMPLOYEE INFORMATION.
Not later than 90 days after the date of the enactment of this
Act and updated not less frequently than annually thereafter, the
Executive Office of the President shall make available on a publicly
available website in an easily searchable and downloadable format
the following information:
(1) The annual salary of each White House employee, which
shall be updated quarterly, and the following:
(A) The number of employees who are paid at a rate of
basic pay equal to or greater than the rate of basic pay
then currently paid for level V of the Executive Schedule
of section 5316 of title 5 and who are employed in the
White House Office, the Executive Residence at the White
House, the Office of the Vice President, the Domestic Pol-
icy Staff, or the Office of Administration, and the aggre-
gate amount paid to such employees.
(B) The number of employees employed in such offices
who are paid at a rate of basic pay which is equal to or
greater than the minimum rate of basic pay then currently
paid for GS–16 of the General Schedule of section 5332 of
title 5, United States Code, but which is less than the rate
then currently paid for level V of the Executive Schedule
of section 5316 of such title and the aggregate amount
paid to such employees.
(C) The number of employees employed in such offices
who are paid at a rate of basic pay which is less than the
minimum rate then currently paid for GS–16 of the Gen-
eral Schedule of section 5332 of title 5, United States
Code, and the aggregate amount paid to such employees.
(D) The number of individuals detailed under section
112 of title 3, United States Code, for more than 30 days
to each such office, the number of days in excess of 30 each
individual was detailed, and the aggregate amount of re-
imbursement made as provided by the provisions of section
112 of such title.
(E) The number of individuals whose services as experts
or consultants are procured under chapter 2 title 3, United
States Code, for service in any such office, the total num-
ber of days employed, and the aggregate amount paid to
procure such services.
(2) The most recent financial disclosure statement for each
White House employee filed pursuant to the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.), which shall be updated an-
nually.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CLARK OF
MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, insert after line 12 the following:
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17
SEC. 203. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR
A CABINET MEMBER.
(a) AMENDMENT.—Section 431 of title 18, United States Code, is
amended—
(1) in the section heading, by inserting ‘‘the President, the
Vice President, a Cabinet Member, or a’’ after ‘‘Contracts
by’’; and
(2) in the first undesignated paragraph, by inserting ‘‘the
President, the Vice President, or any member of the Cabinet,’’
after ‘‘Whoever, being’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections for
chapter 23 of title 18, United States Code, is amended by striking
the item relating to section 431 and inserting the following:
‘‘431. Contracts by the President, the Vice President, a Cabinet Member, or a Mem-
ber of Congress.’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF
TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 6, strike lines 17 through 20, and insert the following:
(A) an offense against the United States that arises from
an investigation in which the target or subject is—
(i) the President;
(ii) a relative of the President;
(iii) any member or former member of the Presi-
dent’s administration;
(iv) any person who worked on the President’s presi-
dential campaign as a paid employee; or
(v) in the case of an offense motivated by a direct
and significant personal or pecuniary interest of any
individual described in clause (i), (ii), (iii), or (iv), any
person or entity;
Page 7, beginning on line 5, strike ‘‘has the meaning’’ and all
that follows through ‘‘Code.’’, and insert the following: ‘‘ means any
family member, up to a third degree relation to the President, or
a spouse thereof.’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COMER OF
KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 1, strike line 1 and all that follows and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Inspector General Stability Act’’.
SEC. 2. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACE-
MENT ON NON-DUTY STATUS.
(a) IN GENERAL.—The Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) in section 3(b)—
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
(B) in paragraph (1), as so designated—
(i) in subparagraph (A), as so designated, in the sec-
ond sentence—
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18
(I) by striking ‘‘reasons’’ and inserting the fol-
lowing: ‘‘substantive rationale, including detailed
and case-specific reasons,’’; and
(II) by inserting ‘‘(including to the Committee on
Homeland Security and Governmental Affairs of
the Senate, the Committee on Oversight and Re-
form of the House of Representatives, and any
other congressional committee that has jurisdic-
tion with respect to that Inspector General)’’ after
‘‘Houses of Congress’’; and
(ii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into an Inspector
General that relates to the removal or transfer of the Inspector
General under subparagraph (A), the written communication re-
quired under that subparagraph shall—
‘‘(i) identify each entity that is conducting, or that conducted,
the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain the findings
made during the inquiry.’’; and
(C) by adding at the end the following:
‘‘(2)(A) Subject to the other provisions of this paragraph, only the
President may place an Inspector General on non-duty status.
‘‘(B) If the President places an Inspector General on non-duty
status, the President shall communicate in writing the substantive
rationale, including detailed and case-specific reasons, for the
change in status to both Houses of Congress (including to the Com-
mittee on Homeland Security and Governmental Affairs of the Sen-
ate, the Committee on Oversight and Reform of the House of Rep-
resentatives, and any other congressional committee that has juris-
diction with respect to that Inspector General) not later than 15
days before the date on which the change in status takes effect, ex-
cept that the President may submit that communication on the
date on which the change in status takes effect if—
‘‘(i) the President has made a determination that the contin-
ued presence of the Inspector General in the workplace poses
a threat described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) in the communication, the President includes a report on
the determination described in clause (i), which shall include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President
has determined applies under clause (i) of this subpara-
graph;
‘‘(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
‘‘(III) an identification of each entity that is conducting,
or that conducted, any inquiry upon which the determina-
tion under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that in-
quiry.
‘‘(C) The President may not place an Inspector General on non-
duty status during the 30-day period preceding the date on which
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19
the Inspector General is removed or transferred under paragraph
(1)(A) unless the President—
‘‘(i) has made a determination that the continued presence of
the Inspector General in the workplace poses a threat de-
scribed in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) not later than the date on which the change in status
takes effect, submits to both Houses of Congress (including to
the Committee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Oversight and Reform of
the House of Representatives, and any other congressional
committee that has jurisdiction with respect to that Inspector
General) a written communication that contains the informa-
tion required under subparagraph (B), including the report re-
quired under clause (ii) of that subparagraph.
‘‘(D) For the purposes of this paragraph—
‘‘(i) the term ‘Inspector General’—
‘‘(I) means an Inspector General who was appointed by
the President, without regard to whether the Senate pro-
vided advice and consent with respect to that appointment;
and
‘‘(II) includes the Inspector General of an establishment,
the Special Inspector General for Afghanistan Reconstruc-
tion, the Special Inspector General for the Troubled Asset
Relief Program, and the Special Inspector General for Pan-
demic Recovery; and
‘‘(ii) a reference to the removal or transfer of an Inspector
General under paragraph (1), or to the written communication
described in that paragraph, shall be considered to be—
‘‘(I) in the case of the Special Inspector General for Af-
ghanistan Reconstruction, a reference to section 1229(c)(6)
of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110–181; 122 Stat. 379);
‘‘(II) in the case of the Special Inspector General for the
Troubled Asset Relief Program, a reference to section
121(b)(4) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5231(b)(4)); and
‘‘(III) in the case of the Special Inspector General for
Pandemic Recovery, a reference to section 4018(b)(3) of the
CARES Act (15 U.S.C. 9053(b)(3)).’’; and
(2) in section 8G(e)—
(A) in paragraph (1), by inserting ‘‘or placement on non-
duty status’’ after ‘‘a removal’’;
(B) in paragraph (2)—
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(ii) in subparagraph (A), as so designated, in the
first sentence—
(I) by striking ‘‘reasons’’ and inserting the fol-
lowing: ‘‘substantive rationale, including detailed
and case-specific reasons,’’; and
(II) by inserting ‘‘(including to the Committee on
Homeland Security and Governmental Affairs of
the Senate, the Committee on Oversight and Re-
form of the House of Representatives, and any
other congressional committee that has jurisdic-
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20
tion with respect to that Inspector General)’’ after
‘‘Houses of Congress’’; and
(iii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into an Inspector
General that relates to the removal or transfer of the Inspector
General under subparagraph (A), the written communication re-
quired under that subparagraph shall—
‘‘(i) identify each entity that is conducting, or that conducted,
the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain the findings
made during the inquiry.’’; and
(C) by adding at the end the following:
‘‘(3)(A) Subject to the other provisions of this paragraph, only the
head of the applicable designated Federal entity (referred to in this
paragraph as the ‘covered official’) may place an Inspector General
on non-duty status.
‘‘(B) If a covered official places an Inspector General on non-duty
status, the covered official shall communicate in writing the sub-
stantive rationale, including detailed and case-specific reasons, for
the change in status to both Houses of Congress (including to the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Reform of the House of
Representatives, and any other congressional committee that has
jurisdiction with respect to that Inspector General) not later than
15 days before the date on which the change in status takes effect,
except that the covered official may submit that communication on
the date on which the change in status takes effect if—
‘‘(i) the covered official has made a determination that the
continued presence of the Inspector General in the workplace
poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) in the communication, the covered official includes a re-
port on the determination described in clause (i), which shall
include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered
official has determined applies under clause (i) of this sub-
paragraph;
‘‘(II) the substantive rationale, including detailed and
case-specific reasons, for the determination made under
clause (i);
‘‘(III) an identification of each entity that is conducting,
or that conducted, any inquiry upon which the determina-
tion under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause
(III) that is completed, the findings made during that in-
quiry.
‘‘(C) A covered official may not place an Inspector General on
non-duty status during the 30-day period preceding the date on
which the Inspector General is removed or transferred under para-
graph (2)(A) unless the covered official—
‘‘(i) has made a determination that the continued presence of
the Inspector General in the workplace poses a threat de-
scribed in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
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21
‘‘(ii) not later than the date on which the change in status
takes effect, submits to both Houses of Congress (including to
the Committee on Homeland Security and Governmental Af-
fairs of the Senate, the Committee on Oversight and Reform of
the House of Representatives, and any other congressional
committee that has jurisdiction with respect to that Inspector
General) a written communication that contains the informa-
tion required under subparagraph (B), including the report re-
quired under clause (ii) of that subparagraph.
‘‘(D) Nothing in this paragraph may be construed to limit or oth-
erwise modify—
‘‘(i) any statutory protection that is afforded to an Inspector
General; or
‘‘(ii) any other action that a covered official may take under
law with respect to an Inspector General.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 12(3) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting ‘‘except as otherwise expressly provided,’’ before ‘‘the
term’’.
SEC. 3. CHANGE IN STATUS OF INSPECTOR GENERAL OFFICES.
(a) CHANGE IN STATUS OF INSPECTOR GENERAL OF OFFICE.—
Paragraph (1) of section 3(b) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended—
(1) by inserting ‘‘, is placed on paid or unpaid non-duty sta-
tus,’’ after ‘‘is removed from office’’;
(2) by inserting ‘‘, change in status,’’ after ‘‘any such re-
moval’’; and
(3) by inserting ‘‘, change in status,’’ after ‘‘before the re-
moval’’.
(b) CHANGE IN STATUS OF INSPECTOR GENERAL OF DESIGNATED
FEDERAL ENTITY.—Section 8G(e)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended—
(1) by inserting ‘‘, is placed on paid or unpaid non-duty sta-
tus,’’ after ‘‘office’’;
(2) by inserting ‘‘, change in status,’’ after ‘‘any such re-
moval’’; and
(3) by inserting ‘‘, change in status,’’ after ‘‘before the re-
moval’’.
(c) EXCEPTION TO REQUIREMENT TO SUBMIT COMMUNICATION RE-
LATING TO CERTAIN CHANGES IN STATUS.—
(1) COMMUNICATION RELATING TO CHANGE IN STATUS OF IN-
SPECTOR GENERAL OF OFFICE.—Section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by section
2(1), is further amended—
(A) in paragraph (1), by striking ‘‘If’’ and inserting ‘‘Ex-
cept as provided in paragraph (4), if’’; and
(B) by adding at the end the following:
‘‘(4) If an Inspector General is placed on paid or unpaid non-
duty status, the President may submit the communication de-
scribed in paragraph (1) to Congress later than 30 days before
the Inspector General is placed on paid or unpaid non-duty sta-
tus, but in any case not later than the date on which the place-
ment takes effect, if—
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22
‘‘(A) the President determines that a delay in placing the
Inspector General on paid or unpaid non-duty status
would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property;
‘‘(B) in the communication, the President includes—
‘‘(i) a specification of which clause the President re-
lied on to make the determination under subpara-
graph (A);
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the President relied on an inquiry to make
such determination, an identification of each entity
that is conducting, or that conducted, such inquiry;
and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.
‘‘(5) The President may not place an Inspector General on
paid or unpaid non-duty status during the 30-day period pre-
ceding the date on which the Inspector General is removed or
transferred under paragraph (1) unless the President—
‘‘(A) determines that not placing the Inspector General
on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property; and
‘‘(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of Rep-
resentatives and the Committee in the Senate that has ju-
risdiction over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate, a written commu-
nication that contains the following information—
‘‘(i) a specification of which clause under subpara-
graph (A) the President relied on to make the deter-
mination under such subparagraph;
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the President relied on an inquiry to make
such determination, an identification of each entity
that is conducting, or that conducted, such inquiry;
and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.’’.
(2) COMMUNICATION RELATING TO CHANGE IN STATUS OF IN-
SPECTOR GENERAL OF DESIGNATED FEDERAL ENTITY.—Section
8G(e) of the Inspector General Act Inspector General Act of
1978 (5 U.S.C. App.), as amended by section 2(2), is further
amended—
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23
(A) in paragraph (2), by striking ‘‘If’’ and inserting ‘‘Ex-
cept as provided in paragraph (4), if’’; and
(B) by adding at the end the following:
‘‘(4) If an Inspector General is placed on paid or unpaid non-
duty status, the head of a designated Federal entity may sub-
mit the communication described in paragraph (2) to Congress
later than 30 days before the Inspector General is placed on
paid or unpaid non-duty status, but in any case not later than
the date on which the placement takes effect, if—
‘‘(A) the head determines that a delay in placing the In-
spector General on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property;
‘‘(B) in the communication, the head includes—
‘‘(i) a specification of which clause under subpara-
graph (A) the head relied on to make the determina-
tion under such subparagraph;
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the head relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.
‘‘(5) The head may not place an Inspector General on paid or
unpaid non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (2) unless the head—
‘‘(A) determines that not placing the Inspector General
on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property; and
‘‘(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of Rep-
resentatives and the Committee in the Senate that has ju-
risdiction over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate, a written commu-
nication that contains the following information—
‘‘(i) a specification of which clause under subpara-
graph (A) the head relied on to make the determina-
tion under such subparagraph;
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the head relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
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24
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.’’.
(d) APPLICATION.—The amendments made by this section shall
apply with respect to removals, transfers, and changes of status oc-
curring on or after the date that is 30 days after the date of the
enactment of this Act.
SEC. 4. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN
INSPECTOR GENERAL.
(a) IN GENERAL.—Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the fol-
lowing new section:
‘‘§ 3349e. Presidential explanation of failure to nominate an
Inspector General
‘‘If the President fails to make a formal nomination for a vacant
Inspector General position that requires a formal nomination by
the President to be filled within the period beginning on the date
on which the vacancy occurred and ending on the day that is 210
days after that date, the President shall communicate, within 30
days after the end of such period, to Congress in writing—
‘‘(1) the reasons why the President has not yet made a for-
mal nomination; and
‘‘(2) a target date for making a formal nomination.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter 33
of title 5, United States Code, is amended by inserting after the
item relating to 3349d the following new item:
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and shall
apply to any vacancy first occurring on or after that date.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY
OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following (and update the table of contents
accordingly):
TITLE XVI—PREVENTING A PATRONAGE SYSTEM
SEC. 1601. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE
POSITIONS.
(a) IN GENERAL.—No position in the competitive service (as de-
fined under section 2102 of title 5, United States Code) may be ex-
cepted from the competitive service unless such position is placed—
(1) in any of the schedules A through E as described in sec-
tion 6.2 of title 5, Code of Federal Regulations, as in effect on
September 30, 2020; and
(2) under the terms and conditions under part 6 of such title
as in effect on such date.
(b) SUBSEQUENT TRANSFERS.—No position in the excepted service
(as defined under section 2103 of title 5, United States Code) may
be placed in any schedule other than a schedule described in sub-
section (a)(1).
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25
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CORREA OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 57, after line 19, insert the following (and update the table
of contents accordingly):
SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION FROM MEM-
BERS OF CONGRESS.
Section 552(d) of title 5, United States Code, is amended by in-
serting ‘‘, or any member thereof,’’ after ‘‘Congress’’.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CORREA
OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of part 1 of subtitle B of title V, add the following
new section:
SEC. 516. MACHINE-READABLE FORMAT REQUIRED FOR AGENCY RE-
PORTS.
Any report required to be submitted to Congress by an executive
agency shall be submitted in machine-readable format, unless each
committee of Congress to whom the report is submitted waives the
requirement.
11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELBENE
OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 157, beginning on line 15, strike ‘‘FOREIGN INTER-
FERENCE’’ and insert ‘‘FOREIGN INTERFERENCE; CYBER-
SECURITY GUIDANCE FOR CAMPAIGNS’’.
Page 175, insert after line 18 the following:
TITLE XV—CYBERSECURITY GUIDANCE FOR
CAMPAIGNS
SEC. 1501. ISSUANCE OF CYBERSECURITY GUIDANCE AND BEST PRAC-
TICES FOR CAMPAIGNS BY FEDERAL ELECTION COMMIS-
SION.
(a) IN GENERAL.—Section 311 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30111) is amended by adding at the end the
following new subsection:
‘‘(g) ISSUANCE OF CYBERSECURITY GUIDANCE AND BEST PRAC-
TICES.—
‘‘(1) ISSUANCE.—In consultation with the Directory of the Na-
tional Institute of Standards and Technology, the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, and such other offices of
the government as the Commission considers appropriate, the
Commission shall issue—
‘‘(A) guidance for political committees and vendors on cy-
bersecurity risks, including threats to the databases of
such committees; and
‘‘(B) best practices for political committees to protect
their databases from such threats.
‘‘(2) UPDATES.—The Commission shall regularly issue up-
dated versions of the guidance and best practices described in
paragraph (1).’’.
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26
(b) DEADLINE.—The Federal Election Commission shall issue the
first guidance and best practices under section 311(g) of the Fed-
eral Election Campaign Act of 1971, as added by subsection (a), not
later than 6 months after the date of the enactment of this Act.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of title VII of division B the following new sub-
title (and update the table of contents accordingly):
Subtitle D—Inspector General for the Office of Management
and Budget
SEC. 731. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT
AND BUDGET.
(a) ESTABLISHMENT OF OFFICE.—Section 12 of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph, (1) by inserting ‘‘the Director of the Office
of Management and Budget,’’ after ‘‘means’’ ; and
(2) in paragraph (2), by inserting ‘‘the Office of Management
and Budget,’’ after ‘‘means’’.
(b) SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL
OF THE OFFICE OF MANAGEMENT AND BUDGET.—The Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended by adding after section
8N the following new section:
‘‘SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GEN-
ERAL OF THE OFFICE OF MANAGEMENT AND BUDGET.
‘‘The Inspector General of the Office of Management and Budget
shall only have jurisdiction over those matters that have been spe-
cifically assigned to the Office under law.’’.
(c) APPOINTMENT.—Not later than 120 days after the date of the
enactment of this Act, the President shall appoint an individual to
serve as the Inspector General of the Office of Management and
Budget in accordance with section 3(a) of the Inspector General Act
of 1978 (5 U.S.C. App.).
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 25, insert after line 7 the following:
SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION FROM
CERTAIN COMMITTEES OF CONGRESS.
For purposes of remedying any failure to comply with a request
under section 2954 of title 5, United States Code, section 1365a of
title 28, United States Code (as added by section 403), and section
105 of the Revised Statutes of the United States (as added by sec-
tion 404) shall apply to such a request.
14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GALLEGO
OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
At the end of division A, insert the following:
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27
TITLE IV—ACCOUNTABILITY IN ACCESS TO CLASSIFIED
INFORMATION
SEC. 401. TRANSPARENCY IN ACCESS TO CLASSIFIED INFORMATION
DURING PRESIDENTIAL TRANSITIONS.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended in section 3(f) by adding at the end the following:
‘‘(3) Not later than 10 days after submitting an application
for a security clearance for any individual, and not later than
10 days after any such individual is granted a security clear-
ance (including an interim clearance), each eligible candidate
(as that term is described in subsection (h)(4)(A)) or the Presi-
dent-elect (as the case may be) shall submit a report con-
taining the name of such individual to the Committee on Over-
sight and Reform of the House of Representatives, the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Select Committee on Intel-
ligence of the Senate.’’.
SEC. 402. TRANSPARENCY IN FAMILY ACCESS TO CLASSIFIED INFOR-
MATION.
(a) IN GENERAL.—Not later than 10 days after submitting an ap-
plication for a security clearance for any covered individual, and
not later than 10 days after any covered individual is granted a se-
curity clearance (including an interim clearance), the President or
head of the applicable agency shall submit a written notice of such
application or approval (as the case may be) to the Committee on
Oversight and Reform of the House of Representatives, the Com-
mittee on Homeland Security and Governmental Affairs of the Sen-
ate, the Permanent Select Committee on Intelligence of the House
of Representatives, and the Select Committee on Intelligence of the
Senate.
(b) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘‘covered individual’’ means a spouse, child, or child-in-law (includ-
ing adult children and children-in-law) of the President.
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOLDEN
OF MAINE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 14, insert after line 8 the following (and redesignate provi-
sions accordingly):
(b) REPORTING REQUIREMENTS RELATED TO SPOUSES AND DE-
PENDENT CHILDREN.—Section 102(e)(1) of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.) is amended—
(1) in the matter preceding subparagraph (A), by inserting
after ‘‘paragraphs (1) through (5)’’ the following: ‘‘and para-
graphs (9) through (11)’’; and
(2) by inserting after subparagraph (F) the following:
‘‘(G) In the case of items described in paragraphs (9) and
(10) of subsection (a), all information required to be re-
ported under these paragraphs.
‘‘(H) In the case of items described in paragraph (11)(A)
of subsection (a), any such items received by spouse or de-
pendant child of the President other than items related to
the President’s services as President provided for by Fed-
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28
eral law, and in the case of items described in paragraph
(11)(B) of subsection (a), all information required to be re-
ported under that paragraph.’’.
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ISSA OF
CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 175, insert after line 18 the following (and redesignate the
succeeding provisions accordingly):
DIVISION D—SECURITY CLEARANCES OF EMPLOYEES
OF MEMBER OFFICES
TITLE XV—DETERMINATION OF NUMBER OF
EMPLOYEES WITH SECURITY CLEARANCES
SEC. 1501. EXCLUSION OF EMPLOYEES WITH EXISTING SECURITY
CLEARANCES FROM DETERMINATION OF LIMIT ON NUM-
BER OF EMPLOYEES OF HOUSE MEMBER OFFICES PER-
MITTED TO HAVE CLEARANCES.
For purposes of any Rule or regulation of the House of Rep-
resentatives which limits the number of employees of the office of
a Member of the House (including a Delegate or Resident Commis-
sioner to the Congress) who are permitted to have security clear-
ances, an employee of the office who has a valid security clearance
which the employee obtained prior to becoming an employee of the
Member’s office shall not be included in the determination of the
number of employees of the office who have security clearances.
SEC. 1502. EXERCISE OF RULEMAKING AUTHORITY.
This title is enacted by Congress—
(1) as an exercise of the rulemaking power of the House of
Representatives, and as such it is deemed a part of the rules
of the House of Representatives, and it supersedes other rules
only to the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of the
House of Representatives to change the rules (so far as relating
to the procedure of the House) at any time, in the same man-
ner, and to the same extent as in the case of any other rule
of the House.
17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILMER
OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 157, beginning on line 15, strike ‘‘FOREIGN INTER-
FERENCE’’ and insert ‘‘FOREIGN INTERFERENCE; HONEST
ADS’’.
Page 175, insert after line 18 the following (and redesignate the
succeeding provisions accordingly):
TITLE XV—HONEST ADS
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Honest Ads Act’’.
SEC. 1502. PURPOSE.
The purpose of this title is to enhance the integrity of American
democracy and national security by improving disclosure require-
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29
ments for online political advertisements in order to uphold the Su-
preme Court’s well-established standard that the electorate bears
the right to be fully informed.
SEC. 1503. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) the dramatic increase in digital political advertisements,
and the growing centrality of online platforms in the lives of
Americans, requires the Congress and the Federal Election
Commission to take meaningful action to ensure that laws and
regulations provide the accountability and transparency that is
fundamental to our democracy;
(2) free and fair elections require both transparency and ac-
countability which give the public a right to know the true
sources of funding for political advertisements in order to make
informed political choices and hold elected officials accountable;
and
(3) transparency of funding for political advertisements is es-
sential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 1504. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) IN GENERAL.—Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended
by striking ‘‘or satellite communication’’ and inserting ‘‘satellite,
paid internet, or paid digital communication’’.
(b) TREATMENT OF CONTRIBUTIONS AND EXPENDITURES.—Section
301 of such Act (52 U.S.C. 30101) is amended—
(1) in paragraph (8)(B)(v), by striking ‘‘on broadcasting sta-
tions, or in newspapers, magazines, or similar types of general
public political advertising’’ and inserting ‘‘in any public com-
munication’’; and
(2) in paragraph (9)(B)—
(A) by amending clause (i) to read as follows:
‘‘(i) any news story, commentary, or editorial distrib-
uted through the facilities of any broadcasting station
or any print, online, or digital newspaper, magazine,
blog, publication, or periodical, unless such broad-
casting, print, online, or digital facilities are owned or
controlled by any political party, political committee,
or candidate;’’; and
(B) in clause (iv), by striking ‘‘on broadcasting stations,
or in newspapers, magazines, or similar types of general
public political advertising’’ and inserting ‘‘in any public
communication’’.
(c) DISCLOSURE AND DISCLAIMER STATEMENTS.—Subsection (a) of
section 318 of such Act (52 U.S.C. 30120) is amended—
(1) by striking ‘‘financing any communication through any
broadcasting station, newspaper, magazine, outdoor adver-
tising facility, mailing, or any other type of general public po-
litical advertising’’ and inserting ‘‘financing any public commu-
nication’’; and
(2) by striking ‘‘solicits any contribution through any broad-
casting station, newspaper, magazine, outdoor advertising fa-
cility, mailing, or any other type of general public political ad-
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30
vertising’’ and inserting ‘‘solicits any contribution through any
public communication’’.
SEC. 1505. EXPANSION OF DEFINITION OF ELECTIONEERING COMMU-
NICATION.
(a) EXPANSION TO ONLINE COMMUNICATIONS.—
(1) APPLICATION TO QUALIFIED INTERNET AND DIGITAL COM-
MUNICATIONS.—
(A) IN GENERAL.—Subparagraph (A) of section 304(f)(3)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ‘‘or satellite commu-
nication’’ each place it appears in clauses (i) and (ii) and
inserting ‘‘satellite, or qualified internet or digital commu-
nication’’.
(B) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.—
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
‘‘(D) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.—
The term ‘qualified internet or digital communication’
means any communication which is placed or promoted for
a fee on an online platform (as defined in subsection
(k)(3)).’’.
(2) NONAPPLICATION OF RELEVANT ELECTORATE TO ONLINE
COMMUNICATIONS.—Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any
broadcast, cable, or satellite’’ before ‘‘communication’’.
(3) NEWS EXEMPTION.—Section 304(f)(3)(B)(i) of such Act (52
U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
‘‘(i) a communication appearing in a news story,
commentary, or editorial distributed through the fa-
cilities of any broadcasting station or any online or
digital newspaper, magazine, blog, publication, or peri-
odical, unless such broadcasting, online, or digital fa-
cilities are owned or controlled by any political party,
political committee, or candidate;’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to communications made on or after Janu-
ary 1, 2022.
SEC. 1506. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) CLEAR AND CONSPICUOUS MANNER REQUIREMENT.—Sub-
section (a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended—
(1) by striking ‘‘shall clearly state’’ each place it appears in
paragraphs (1), (2), and (3) and inserting ‘‘shall state in a clear
and conspicuous manner’’; and
(2) by adding at the end the following flush sentence: ‘‘For
purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.’’.
(b) SPECIAL RULES FOR QUALIFIED INTERNET OR DIGITAL COMMU-
NICATIONS.—
(1) IN GENERAL.—Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
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‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR DIGITAL COM-
MUNICATIONS.—
‘‘(1) SPECIAL RULES WITH RESPECT TO STATEMENTS.—In the
case of any qualified internet or digital communication (as de-
fined in section 304(f)(3)(D)) which is disseminated through a
medium in which the provision of all of the information speci-
fied in this section is not possible, the communication shall, in
a clear and conspicuous manner—
‘‘(A) state the name of the person who paid for the com-
munication; and
‘‘(B) provide a means for the recipient of the communica-
tion to obtain the remainder of the information required
under this section with minimal effort and without receiv-
ing or viewing any additional material other than such re-
quired information.
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR AND CONSPICUOUS
MANNER.—A statement in qualified internet or digital commu-
nication (as defined in section 304(f)(3)(D)) shall be considered
to be made in a clear and conspicuous manner as provided in
subsection (a) if the communication meets the following re-
quirements:
‘‘(A) TEXT OR GRAPHIC COMMUNICATIONS.—In the case of
a text or graphic communication, the statement—
‘‘(i) appears in letters at least as large as the major-
ity of the text in the communication; and
‘‘(ii) meets the requirements of paragraphs (2) and
(3) of subsection (c).
‘‘(B) AUDIO COMMUNICATIONS.—In the case of an audio
communication, the statement is spoken in a clearly audi-
ble and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
‘‘(C) VIDEO COMMUNICATIONS.—In the case of a video
communication which also includes audio, the statement—
‘‘(i) is included at either the beginning or the end of
the communication; and
‘‘(ii) is made both in—
‘‘(I) a written format that meets the require-
ments of subparagraph (A) and appears for at
least 4 seconds; and
‘‘(II) an audible format that meets the require-
ments of subparagraph (B).
‘‘(D) OTHER COMMUNICATIONS.—In the case of any other
type of communication, the statement is at least as clear
and conspicuous as the statement specified in subpara-
graph (A), (B), or (C).’’.
(2) NONAPPLICATION OF CERTAIN EXCEPTIONS.—The excep-
tions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital communica-
tions (as defined in section 304(f)(3)(D) of the Federal Election
Campaign Act of 1971).
(c) MODIFICATION OF ADDITIONAL REQUIREMENTS FOR CERTAIN
COMMUNICATIONS.—Section 318(d) of such Act (52 U.S.C. 30120(d))
is amended—
(1) in paragraph (1)(A)—
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32
(A) by striking ‘‘which is transmitted through radio’’ and
inserting ‘‘which is in an audio format’’; and
(B) by striking ‘‘BY RADIO’’ in the heading and inserting
‘‘AUDIO FORMAT’’;
(2) in paragraph (1)(B)—
(A) by striking ‘‘which is transmitted through television’’
and inserting ‘‘which is in video format’’; and
(B) by striking ‘‘BY TELEVISION’’ in the heading and in-
serting ‘‘VIDEO FORMAT’’; and
(3) in paragraph (2)—
(A) by striking ‘‘transmitted through radio or television’’
and inserting ‘‘made in audio or video format’’; and
(B) by striking ‘‘through television’’ in the second sen-
tence and inserting ‘‘in video format’’.
SEC. 1507. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLAT-
FORMS.
(a) IN GENERAL.—Section 304 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104), as amended by section 1301(a)(1),
is further amended by adding at the end the following new sub-
section:
‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISEMENTS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENTS FOR ONLINE PLATFORMS.—An online
platform shall maintain, and make available for online
public inspection in machine readable format, a complete
record of any request to purchase on such online platform
a qualified political advertisement which is made by a per-
son whose aggregate requests to purchase qualified polit-
ical advertisements on such online platform during the cal-
endar year exceeds $500.
‘‘(B) REQUIREMENTS FOR ADVERTISERS.—Any person who
requests to purchase a qualified political advertisement on
an online platform shall provide the online platform with
such information as is necessary for the online platform to
comply with the requirements of subparagraph (A).
‘‘(2) CONTENTS OF RECORD.—A record maintained under
paragraph (1)(A) shall contain—
‘‘(A) a digital copy of the qualified political advertise-
ment;
‘‘(B) a description of the audience targeted by the adver-
tisement, the number of views generated from the adver-
tisement, and the date and time that the advertisement is
first displayed and last displayed; and
‘‘(C) information regarding—
‘‘(i) the average rate charged for the advertisement;
‘‘(ii) the name of the candidate to which the adver-
tisement refers and the office to which the candidate
is seeking election, the election to which the advertise-
ment refers, or the national legislative issue to which
the advertisement refers (as applicable);
‘‘(iii) in the case of a request made by, or on behalf
of, a candidate, the name of the candidate, the author-
ized committee of the candidate, and the treasurer of
such committee; and
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‘‘(iv) in the case of any request not described in
clause (iii), the name of the person purchasing the ad-
vertisement, the name and address of a contact person
for such person, and a list of the chief executive offi-
cers or members of the executive committee or of the
board of directors of such person, and, if the person
purchasing the advertisement is acting as the agent of
a foreign principal under the Foreign Agents Registra-
tion Act of 1938, as amended (22 U.S.C. 611 et seq.),
a statement that the person is acting as the agent of
a foreign principal and the identification of the foreign
principal involved.
‘‘(3) ONLINE PLATFORM.—For purposes of this subsection, the
term ‘online platform’ means any public-facing website, web
application, or digital application (including a social network,
ad network, or search engine) which—
‘‘(A) sells qualified political advertisements; and
‘‘(B) has 50,000,000 or more unique monthly United
States visitors or users for a majority of months during the
preceding 12 months.
‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.—For purposes of
this subsection, the term ‘qualified political advertisement’
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native advertise-
ments, and sponsorships) that—
‘‘(A) is made by or on behalf of a candidate; or
‘‘(B) communicates a message relating to any political
matter of national importance, including—
‘‘(i) a candidate;
‘‘(ii) any election to Federal office; or
‘‘(iii) a national legislative issue of public impor-
tance.
‘‘(5) TIME TO MAINTAIN FILE.—The information required
under this subsection shall be made available as soon as pos-
sible and shall be retained by the online platform for a period
of not less than 4 years.
‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING BEST EFFORTS TO
IDENTIFY REQUESTS WHICH ARE SUBJECT TO RECORD MAINTE-
NANCE REQUIREMENTS.—In accordance with rules established
by the Commission, if an online platform shows that the plat-
form used best efforts to determine whether or not a request
to purchase a qualified political advertisement was subject to
the requirements of this subsection, the online platform shall
not be considered to be in violation of such requirements.
‘‘(7) PENALTIES.—For penalties for failure by online plat-
forms, and persons requesting to purchase a qualified political
advertisement on online platforms, to comply with the require-
ments of this subsection, see section 309.’’.
(b) RULEMAKING.—Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall es-
tablish rules—
(1) requiring common data formats for the record required to
be maintained under section 304(k) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
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34
online platforms submit and maintain data online in a com-
mon, machine-readable and publicly accessible format;
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue, pur-
chaser, and date; and
(3) establishing the criteria for the safe harbor exception pro-
vided under paragraph (6) of section 304(k) of such Act (as
added by subsection (a)).
(c) REPORTING.—Not later than 2 years after the date of the en-
actment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress
on—
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section to
assist in carrying out its purposes; and
(3) identifying ways to bring transparency and accountability
to political advertisements distributed online for free.
SEC. 1508. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDE-
PENDENT EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN NA-
TIONALS IN THE FORM OF ONLINE ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121), as amended by section 1401(a), is further amended
by adding at the end the following new subsection:
‘‘(d) RESPONSIBILITIES OF BROADCAST STATIONS, PROVIDERS OF
CABLE AND SATELLITE TELEVISION, AND ONLINE PLATFORMS.—
‘‘(1) RESPONSIBILITIES DESCRIBED.—Each television or radio
broadcast station, provider of cable or satellite television, or
online platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly. For purposes of the previous sentence, a station,
provider, or online platform shall not be considered to have
made reasonable efforts under this paragraph in the case of
the availability of a communication unless the station, pro-
vider, or online platform directly inquires from the individual
or entity making such purchase whether the purchase is to be
made by a foreign national, directly or indirectly.
‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID WITH CREDIT
CARD.—For purposes of paragraph (1), a television or radio
broadcast station, provider of cable or satellite television, or
online platform shall be considered to have made reasonable
efforts under such paragraph in the case of a purchase of the
availability of a communication which is made with a credit
card if—
‘‘(A) the individual or entity making such purchase is re-
quired, at the time of making such purchase, to disclose
the credit verification value of such credit card; and
‘‘(B) the billing address associated with such credit card
is located in the United States or, in the case of a purchase
made by an individual who is a United States citizen liv-
ing outside of the United States, the individual provides
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35
the television or radio broadcast station, provider of cable
or satellite television, or online platform with the United
States mailing address the individual uses for voter reg-
istration purposes.’’.
SEC. 1509. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE
POLITICAL CONTENT CONSUMPTION.
(a) INDEPENDENT STUDY.—Not later than 30 days after the date
of enactment of this Act, the Federal Election Commission shall
commission an independent study and report on media literacy
with respect to online political content consumption among voting-
age Americans.
(b) ELEMENTS.—The study and report under subsection (a) shall
include the following:
(1) An evaluation of media literacy skills, such as the ability
to evaluate sources, synthesize multiple accounts into a coher-
ent understanding of an issue, understand the context of com-
munications, and responsibly create and share information,
among voting-age Americans.
(2) An analysis of the effects of media literacy education and
particular media literacy skills on the ability to critically con-
sume online political content, including political advertising.
(3) Recommendations for improving voting-age Americans’
ability to critically consume online political content, including
political advertising.
(c) DEADLINE.—Not later than 270 days after the date of enact-
ment of this Act, the entity conducting the study and report under
subsection (a) shall submit the report to the Commission.
(d) SUBMISSION TO CONGRESS.—Not later than 30 days after re-
ceiving the report under subsection (c), the Commission shall sub-
mit the report to the Committee on House Administration of the
House of Representatives and the Committee on Rules and Admin-
istration of the Senate, together with such comments on the report
as the Commission considers appropriate.
(e) DEFINITION OF MEDIA LITERACY.—The term ‘‘media literacy’’
means the ability to—
(1) access relevant and accurate information through media;
(2) critically analyze media content and the influences of
media;
(3) evaluate the comprehensiveness, relevance, credibility,
authority, and accuracy of information;
(4) make educated decisions based on information obtained
from media and digital sources;
(5) operate various forms of technology and digital tools; and
(6) reflect on how the use of media and technology may affect
private and public life.
18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF
MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 157, beginning on line 15, strike ‘‘FOREIGN INTER-
FERENCE’’ and insert ‘‘FOREIGN INTERFERENCE; PROHIB-
ITING USE OF DEEPFAKES IN CAMPAIGNS’’.
Page 175, insert after line 18 the following (and redesignate the
succeeding provisions accordingly:
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TITLE XV—PROHIBITING USE OF DEEPFAKES IN
ELECTION CAMPAIGNS
SEC. 1501. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEP-
TIVE AUDIO OR VISUAL MEDIA PRIOR TO ELECTION.
(a) IN GENERAL.—Title III of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEP-
TIVE MEDIA PRIOR TO ELECTION.
‘‘(a) IN GENERAL.—Except as provided in subsections (b) and (c),
a person, political committee, or other entity shall not, within 60
days of a election for Federal office at which a candidate for elec-
tive office will appear on the ballot, distribute, with actual malice,
materially deceptive audio or visual media of the candidate with
the intent to injure the candidate’s reputation or to deceive a voter
into voting for or against the candidate.
‘‘(b) EXCEPTION.—
‘‘(1) REQUIRED LANGUAGE.—The prohibition in subsection (a)
does not apply if the audio or visual media includes—
‘‘(A) a disclosure stating: ‘‘This lllll has been ma-
nipulated.’’; and
‘‘(B) filled in the blank in the disclosure under subpara-
graph (A), the term ‘image’, ‘video’, or ‘audio’, as most ac-
curately describes the media.
‘‘(2) VISUAL MEDIA.—For visual media, the text of the disclo-
sure shall appear in a size that is easily readable by the aver-
age viewer and no smaller than the largest font size of other
text appearing in the visual media. If the visual media does
not include any other text, the disclosure shall appear in a size
that is easily readable by the average viewer. For visual media
that is video, the disclosure shall appear for the duration of the
video.
‘‘(3) AUDIO-ONLY MEDIA.—If the media consists of audio only,
the disclosure shall be read in a clearly spoken manner and in
a pitch that can be easily heard by the average listener, at the
beginning of the audio, at the end of the audio, and, if the
audio is greater than 2 minutes in length, interspersed within
the audio at intervals of not greater than 2 minutes each.
‘‘(c) INAPPLICABILITY TO CERTAIN ENTITIES.—This section does
not apply to the following:
‘‘(1) A radio or television broadcasting station, including a
cable or satellite television operator, programmer, or producer,
that broadcasts materially deceptive audio or visual media pro-
hibited by this section as part of a bona fide newscast, news
interview, news documentary, or on-the-spot coverage of bona
fide news events, if the broadcast clearly acknowledges
through content or a disclosure, in a manner that can be easily
heard or read by the average listener or viewer, that there are
questions about the authenticity of the materially deceptive
audio or visual media.
‘‘(2) A radio or television broadcasting station, including a
cable or satellite television operator, programmer, or producer,
when it is paid to broadcast materially deceptive audio or vis-
ual media.
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37
‘‘(3) An internet website, or a regularly published newspaper,
magazine, or other periodical of general circulation, including
an internet or electronic publication, that routinely carries
news and commentary of general interest, and that publishes
materially deceptive audio or visual media prohibited by this
section, if the publication clearly states that the materially de-
ceptive audio or visual media does not accurately represent the
speech or conduct of the candidate.
‘‘(4) Materially deceptive audio or visual media that con-
stitutes satire or parody.
‘‘(d) CIVIL ACTION.—
‘‘(1) INJUNCTIVE OR OTHER EQUITABLE RELIEF.—A candidate
for elective office whose voice or likeness appears in a materi-
ally deceptive audio or visual media distributed in violation of
this section may seek injunctive or other equitable relief pro-
hibiting the distribution of audio or visual media in violation
of this section. An action under this paragraph shall be enti-
tled to precedence in accordance with the Federal Rules of
Civil Procedure.
‘‘(2) DAMAGES.—A candidate for elective office whose voice or
likeness appears in a materially deceptive audio or visual
media distributed in violation of this section may bring an ac-
tion for general or special damages against the person, com-
mittee, or other entity that distributed the materially deceptive
audio or visual media. The court may also award a prevailing
party reasonable attorney’s fees and costs. This paragraph
shall not be construed to limit or preclude a plaintiff from se-
curing or recovering any other available remedy.
‘‘(3) BURDEN OF PROOF.—In any civil action alleging a viola-
tion of this section, the plaintiff shall bear the burden of estab-
lishing the violation through clear and convincing evidence.
‘‘(e) RULE OF CONSTRUCTION.—This section shall not be construed
to alter or negate any rights, obligations, or immunities of an inter-
active service provider under section 230 of title 47, United States
Code.
‘‘(f) MATERIALLY DECEPTIVE AUDIO OR VISUAL MEDIA DEFINED.—
In this section, the term ‘materially deceptive audio or visual
media’ means an image or an audio or video recording of a can-
didate’s appearance, speech, or conduct that has been intentionally
manipulated in a manner such that both of the following conditions
are met:
‘‘(1) The image or audio or video recording would falsely ap-
pear to a reasonable person to be authentic.
‘‘(2) The image or audio or video recording would cause a
reasonable person to have a fundamentally different under-
standing or impression of the expressive content of the image
or audio or video recording than that person would have if the
person were hearing or seeing the unaltered, original version
of the image or audio or video recording.’’.
(b) CRIMINAL PENALTIES.—Section 309(d)(1) of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by
section 1303, is further amended by adding at the end the following
new subparagraph:
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38
‘‘(G) Any person who knowingly and willfully commits a violation
of section 325 shall be fined not more than $100,000, imprisoned
not more than 5 years, or both.’’.
(c) EFFECT ON DEFAMATION ACTION.—For purposes of an action
for defamation, a violation of section 325 of the Federal Election
Campaign Act of 1971, as added by subsection (a), shall constitute
defamation per se.
19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MALONEY
OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Insert after section 202 the following:
SEC. 203. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS CON-
VICTED OF A FELONY.
The Act entitled ‘‘An Act to provide retirement, clerical assist-
ants, and free mailing privileges to former Presidents of the United
States, and for other purposes’’, approved August 25, 1958 (com-
monly known as the ‘‘Former Presidents Act of 1958’’; 3 U.S.C. 102
note), is amended—
(1) in subsection (a), by striking ‘‘Each former President’’ and
inserting ‘‘Subject to subsection (h), each former President’’;
(2) in subsection (f), by striking paragraph (2) and inserting:
‘‘(2) who has not been impeached by the House of Represent-
atives and convicted by the Senate pursuant to the impeach-
ment.’’; and
(3) by adding at the end the following new subsection:
‘‘(h)(1) If a former President is finally convicted of a felony for
which every act or omission that is needed to satisfy the elements
of the felony is committed during or after the period such former
President holds the office of President of the United States of
America, or was finally convicted of such a felony while holding
such office—
‘‘(A) no monetary allowance under subsection (a) may be pro-
vided to such former President;
‘‘(B) no funds may be obligated or expended under subsection
(g) with respect to such former President except to the extent
necessary to maintain the security of such former President, as
determined by the Director of the Secret Service; and
‘‘(C) such former President shall repay any amounts received
under subsection (a) during the period beginning on the date
on which such former President is initially convicted of the fel-
ony and ending on the date such former President is finally
convicted of the felony.
‘‘(2) The term ‘finally convicted’ means a conviction—
‘‘(A) which has not been appealed and is no longer appeal-
able because the time for taking an appeal has expired; or
‘‘(B) which has been appealed and the appeals process for
which is completed.’’.
20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOV-
ERN OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 59, line 18, insert ‘‘substantially’’ before ‘‘the same’’.
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39
Page 60, after line 8, insert the following:
‘‘(e) LIMITATIONS.—
‘‘(1) IN GENERAL.—Any emergency powers invoked by the
President pursuant to a national emergency declared under
this section shall relate to the nature of, and may be used only
to address, that emergency.
‘‘(2) AUTHORIZATION OR FUNDING WITHHELD.—No authority
available to the President during a national emergency de-
clared under this section may be used to provide authorization
or funding for any program, project, or activity for which Con-
gress, on or after the date of the events giving rise to the emer-
gency declaration, has withheld authorization or funding.’’.
Page 62, line 17, insert ‘‘, including a joint resolution of termi-
nation defined in section 203,’’ before ‘‘terminating the emergency’’.
Page 62, line 17, strike ‘‘; or’’ and insert a semicolon.
Page 62, line 19, strike the period at the end and insert ‘‘; or’’.
Page 62, after line 19, insert the following:
‘‘(E) the date provided for in section 204.’’.
Page 64, after line 3, insert the following (and redesignate the
subsequent subsections accordingly in the matter proposed to be
added as section 203 of the National Emergencies Act):
‘‘(b) JOINT RESOLUTION OF TERMINATION DEFINED.—In this sec-
tion, the term ‘joint resolution of termination’ means a resolution
introduced in the House or Senate to terminate—
‘‘(1) a national emergency declared under this Act; or
‘‘(2) the exercise of any authorities pursuant to that emer-
gency.’’.
Page 64, line 5, insert ‘‘AND JOINT RESOLUTIONS OF TERMI-
NATION’’ after ‘‘APPROVAL’’.
Page 64, strike lines 14 through 16 (relating to the matter pro-
posed to be added as a paragraph (2)) and redesignate the subse-
quent paragraphs accordingly.
Page 67, beginning line 17, strike ‘‘a motion’’ and insert ‘‘another
motion’’.
Page 63, beginning line 10, through page 71, line 7, (relating to
the matter proposed to be added as section 203 of the National
Emergencies Act), insert ‘‘or joint resolution of termination’’ after
‘‘joint resolution of approval’’ each place it appears (except for page
68, line 2, and page 68, line 6).
Page 71, after line 7, insert the following:
‘‘SEC. 204. BAR ON PERMANENT EMERGENCIES.
‘‘(a) IN GENERAL.—Any national emergency declared by the Presi-
dent under section 201(a), and not otherwise terminated, shall
automatically terminate on the date that is 5 years after the date
of its declaration.
‘‘(b) EMERGENCIES ALREADY IN EFFECT.—Any national emergency
declaration that remains in force as of the date of the enactment
of this section and—
‘‘(1) has been in effect for 3 years or fewer as of such date,
shall automatically terminate on the date that is 5 years after
the date of the enactment of this section; or
‘‘(2) has been in effect for more than 3 years as of such date,
shall automatically terminate on the date that is 2 years after
the date of the enactment of this section.
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40
‘‘(c) EFFECT OF TERMINATION.—If a national emergency declara-
tion terminates pursuant to this section, no emergency may subse-
quently be declared based on substantially the same cir-
cumstances.’’.
Page 71, line 8, strike ‘‘Sec. 204.’’ and insert ‘‘Sec. 205.’’.
21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
At the end of title X, add the following:
SEC. 1003. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER
LIMITATION ON NEPOTISM IN THE CIVIL SERVICE.
Section 3110(a)(1)(A) of title 5, United States Code, is amended
by inserting ‘‘, including the Executive Office of the President’’ after
‘‘Executive agency’’.
22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Insert after section 1002 the following:
Subtitle B—Strengthening Ethics Enforcement and
Penalties for Federal Executive Employees
SEC. 1011. ETHICS PLEDGE.
Every appointee in every executive agency appointed on or after
January 20, 2021, shall sign, and upon signing shall be contrac-
tually committed to, the following pledge upon becoming an ap-
pointee:
I recognize that this pledge is part of a broader ethics in govern-
ment plan designed to restore and maintain public trust in govern-
ment, and I commit myself to conduct consistent with that plan. I
commit to decision-making on the merits and exclusively in the
public interest, without regard to private gain or personal benefit.
I commit to conduct that upholds the independence of law enforce-
ment and precludes improper interference with investigative or
prosecutorial decisions of the Department of Justice. I commit to
ethical choices of post-Government employment that do not raise
the appearance that I have used my Government service for private
gain, including by using confidential information acquired and rela-
tionships established for the benefit of future clients.
Accordingly, as a condition, and in consideration, of my employ-
ment in the United States Government in a position invested with
the public trust, I commit myself to the following obligations, which
I understand are binding on me and are enforceable under law:
‘‘(1) Lobbyist Gift Ban.—I will not accept gifts from reg-
istered lobbyists or lobbying organizations for the duration of
my service as an appointee.
‘‘(2) Revolving Door Ban; All Appointees Entering Govern-
ment.—I will not for a period of 2 years from the date of my
appointment participate in any particular matter involving
specific parties that is directly and substantially related to my
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41
former employer or former clients, including regulations and
contracts.
‘‘(3) Revolving Door Ban; Lobbyists and Registered Agents
Entering Government.—If I was registered under the Lobbying
Disclosure Act, 2 U.S.C. 1601 et seq., or the Foreign Agents
Registration Act (FARA), 22 U.S.C. 611 et seq., within the 2
years before the date of my appointment, in addition to abiding
by the limitations of paragraph 2, I will not for a period of 2
years after the date of my appointment:
‘‘(A) participate in any particular matter on which I lob-
bied, or engaged in registrable activity under FARA, with-
in the 2 years before the date of my appointment;
‘‘(B) participate in the specific issue area in which that
particular matter falls; or
‘‘(C) seek or accept employment with any executive agen-
cy with respect to which I lobbied, or engaged in reg-
istrable activity under FARA, within the 2 years before the
date of my appointment.
‘‘(4) Revolving Door Ban; Appointees Leaving Government.—
If, upon my departure from the Government, I am covered by
the post-employment restrictions on communicating with em-
ployees of my former executive agency set forth in section
207(c) of title 18, United States Code, and its implementing
regulations, I agree that I will abide by those restrictions for
a period of 2 years following the end of my appointment. I will
abide by these same restrictions with respect to communicating
with the senior White House staff.
‘‘(5) Revolving Door Ban; Senior and Very Senior Appointees
Leaving Government.— If, upon my departure from the Gov-
ernment, I am covered by the post-employment restrictions set
forth in sections 207(c) or 207(d) of title 18, United States
Code, and those sections’ implementing regulations, I agree
that, in addition, for a period of 1 year following the end of my
appointment, I will not materially assist others in making com-
munications or appearances that I am prohibited from under-
taking myself by—
‘‘(A) holding myself out as being available to engage in
lobbying activities in support of any such communications
or appearances; or
‘‘(B) engaging in any such lobbying activities.
‘‘(6) Revolving Door Ban; Appointees Leaving Government to
Lobby.—In addition to abiding by the limitations of paragraph
4, I also agree, upon leaving Government service, not to lobby
any covered executive branch official or non-career Senior Ex-
ecutive Service appointee, or engage in any activity on behalf
of any foreign government or foreign political party which,
were it undertaken on January 20, 2021, would require that I
register under FARA, for the remainder of the Administration
or 2 years following the end of my appointment, whichever is
later.
‘‘(7) Golden Parachute Ban.—I have not accepted and will
not accept, including after entering Government, any salary or
other cash payment from my former employer the eligibility for
and payment of which is limited to individuals accepting a po-
sition in the United States Government. I also have not accept-
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42
ed and will not accept any non-cash benefit from my former
employer that is provided in lieu of such a prohibited cash pay-
ment.
‘‘(8) Employment Qualification Commitment.—I agree that
any hiring or other employment decisions I make will be based
on the candidate’s qualifications, competence, and experience.
‘‘(9) Assent to Enforcement.—I acknowledge that title XVI of
the Protecting Our Democracy Act, which I have read before
signing this document, defines certain of the terms applicable
to the foregoing obligations and sets forth the methods for en-
forcing them. I expressly accept the provisions of that title as
a part of this agreement and as binding on me. I understand
that the terms of this pledge are in addition to any statutory
or other legal restrictions applicable to me by virtue of Federal
Government service.’’.
SEC. 1012. DEFINITIONS.
For purposes of this title and the pledge set forth in section 1101
of this title:
(1) ‘‘Executive agency’’ shall include each ‘‘executive agency’’
as defined by section 105 of title 5, United States Code, and
shall include the Executive Office of the President; provided,
however, that ‘‘executive agency’’ shall include the United
States Postal Service and Postal Regulatory Commission, but
shall exclude the Government Accountability Office.
(2) ‘‘Appointee’’ shall include every full-time, non-career
Presidential or Vice-Presidential appointee, non-career ap-
pointee in the Senior Executive Service (or other SES-type sys-
tem), and appointee to a position that has been excepted from
the competitive service by reason of being of a confidential or
policymaking character (Schedule C and other positions ex-
cepted under comparable criteria) in an executive agency. It
does not include any person appointed as a member of the Sen-
ior Foreign Service or solely as a uniformed service commis-
sioned officer.
(3) ‘‘Gift’’—
(A) shall have the definition set forth in section
2635.203(b) of title 5, Code of Federal Regulations;
(B) shall include gifts that are solicited or accepted indi-
rectly, as defined in section 2635.203(f) of title 5, Code of
Federal Regulations; and
(C) shall exclude those items excluded by sections
2635.204(b), (c), (e)(1) and (3), and (j) through (l) of title 5,
Code of Federal Regulations.
(4) ‘‘Covered executive branch official’’ and ‘‘lobbyist’’ shall
have the definitions set forth in section 1602 of title 2, United
States Code.
(5) ‘‘Registered lobbyist or lobbying organization’’ shall mean
a lobbyist or an organization filing a registration pursuant to
section 1603(a) of title 2, United States Code, and in the case
of an organization filing such a registration, ‘‘registered lob-
byist’’ shall include each of the lobbyists identified therein.
(6) ‘‘Lobby’’ and ‘‘lobbied’’ shall mean to act or have acted as
a registered lobbyist.
(7) ‘‘Lobbying activities’’ shall have the definition set forth in
section 1602 of title 2, United States Code.
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43
(8) ‘‘Materially assist’’ means to provide substantive assist-
ance but does not include providing background or general edu-
cation on a matter of law or policy based upon an individual’s
subject matter expertise, nor any conduct or assistance per-
mitted under section 207(j) of title 18, United States Code.
(9) ‘‘Particular matter’’ shall have the same meaning as set
forth in section 207 of title 18, United States Code, and section
2635.402(b)(3) of title 5, Code of Federal Regulations.
(10) ‘‘Particular matter involving specific parties’’ shall have
the same meaning as set forth in section 2641.201(h) of title
5, Code of Federal Regulations, except that it shall also include
any meeting or other communication relating to the perform-
ance of one’s official duties with a former employer or former
client, unless the communication applies to a particular matter
of general applicability and participation in the meeting or
other event is open to all interested parties.
(11) ‘‘Former employer’’ is any person for whom the ap-
pointee has within the 2 years prior to the date of his or her
appointment served as an employee, officer, director, trustee,
or general partner, except that ‘‘former employer’’ does not in-
clude any executive agency or other entity of the Federal Gov-
ernment, State or local government, the District of Columbia,
Native American tribe, any United States territory or posses-
sion, or any international organization in which the United
States is a member state.
(12) ‘‘Former client’’ is any person for whom the appointee
served personally as agent, attorney, or consultant within the
2 years prior to the date of his or her appointment, but exclud-
ing instances where the service provided was limited to speech-
es or similar appearances. It does not include clients of the ap-
pointee’s former employer to whom the appointee did not per-
sonally provide services.
(13) ‘‘Directly and substantially related to my former em-
ployer or former clients’’ shall mean matters in which the ap-
pointee’s former employer or a former client is a party or rep-
resents a party.
(14) ‘‘Participate’’ means to participate personally and sub-
stantially.
(15) ‘‘Government official’’ means any employee of the execu-
tive branch.
(16) ‘‘Administration’’ means all terms of office of the incum-
bent President serving at the time of the appointment of an ap-
pointee covered by this title.
(17) ‘‘Pledge’’ means the ethics pledge set forth in section
1011 of this title.
(18) ‘‘Senior White House staff’’ means any person appointed
by the President to a position under sections 105(a)(2)(A) or (B)
of title 3, United States Code, or by the Vice President to a po-
sition under sections 106(a)(1)(A) or (B) of title 3.
(19) All references to provisions of law and regulations shall
refer to such provisions as are in effect on January 20, 2021.
SEC. 1013. WAIVER.
(a) The Director of the Office of Management and Budget (OMB),
in consultation with the Counsel to the President, may grant to
any current or former appointee a written waiver of any restric-
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44
tions contained in the pledge signed by such appointee if, and to
the extent that, the Director of OMB certifies in writing:—
(1) that the literal application of the restriction is incon-
sistent with the purposes of the restriction; or
(2) that it is in the public interest to grant the waiver. Any
such written waiver should reflect the basis for the waiver and,
in the case of a waiver of the restrictions set forth in para-
graphs (3)(B) and (C) of the pledge, a discussion of the findings
with respect to the factors set forth in subsection (b) of this
section.
(b) A waiver shall take effect when the certification is signed by
the Director of OMB and shall be made public within 10 days
thereafter.
(c) The public interest shall include, but not be limited to, exi-
gent circumstances relating to national security, the economy, pub-
lic health, or the environment. In determining whether it is in the
public interest to grant a waiver of the restrictions contained in
paragraphs (3)(B) and (C) of the pledge, the responsible official may
consider the following factors—
(1) the government’s need for the individual’s services, in-
cluding the existence of special circumstances related to na-
tional security, the economy, public health, or the environment;
(2) the uniqueness of the individual’s qualifications to meet
the government’s needs;
(3) the scope and nature of the individual’s prior lobbying ac-
tivities, including whether such activities were de minimis or
rendered on behalf of a nonprofit organization; and
(4) the extent to which the purposes of the restriction may
be satisfied through other limitations on the individual’s serv-
ices, such as those required by paragraph (3)(A) of the pledge.
SEC. 1014. ADMINISTRATION.
(a) The head of every executive agency shall, in consultation with
the Director of the Office of Government Ethics, establish such
rules or procedures (conforming as nearly as practicable to the
agency’s general ethics rules and procedures, including those relat-
ing to designated agency ethics officers) as are necessary or appro-
priate to ensure—
(1) that every appointee in the agency signs the pledge upon
assuming the appointed office or otherwise becoming an ap-
pointee;
(2) that compliance with paragraph (3) of the pledge is ad-
dressed in a written ethics agreement with each appointee to
whom it applies, which agreement shall also be approved by
the Counsel to the President prior to the appointee com-
mencing work;
(3) that spousal employment issues and other conflicts not
expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
(4) that the agency generally complies with this title.
(b) With respect to the Executive Office of the President, the du-
ties set forth in subsection (a) shall be the responsibility of the
Counsel to the President.
(c) The Director of the Office of Government Ethics shall—
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45
(1) ensure that the pledge and a copy of this title are made
available for use by agencies in fulfilling their duties under
subsection (a);
(2) in consultation with the Attorney General or the Counsel
to the President, when appropriate, assist designated agency
ethics officers in providing advice to current or former ap-
pointees regarding the application of the pledge; and
(3) in consultation with the Attorney General and the Coun-
sel to the President, adopt such rules or procedures as are nec-
essary or appropriate—
(A) to carry out the foregoing responsibilities;
(B) to authorize limited exceptions to the lobbyist gift
ban for circumstances that do not implicate the purposes
of the ban;
(C) to make clear that no person shall have violated the
lobbyist gift ban if the person properly disposes of a gift
as provided by section 2635.206 of title 5, Code of Federal
Regulations;
(D) to ensure that existing rules and procedures for Gov-
ernment employees engaged in negotiations for future em-
ployment with private businesses that are affected by the
employees’ official actions do not affect the integrity of the
Government’s programs and operations; and
(E) to ensure, in consultation with the Director of the Of-
fice of Personnel Management, that the requirement set
forth in paragraph (6) of the pledge is honored by every
employee of the executive branch; and
(4) in consultation with the Director of OMB, report to the
President on whether full compliance is being achieved with
existing laws and regulations governing executive branch pro-
curement lobbying disclosure. This report shall include rec-
ommendations on steps the executive branch can take to ex-
pand, to the fullest extent practicable, disclosure of both execu-
tive branch procurement lobbying and of lobbying for Presi-
dential pardons. These recommendations shall include both im-
mediate actions the executive branch can take and, if nec-
essary, recommendations for legislation; and
(5) provide an annual public report on the administration of
the pledge and this title.
(d) The Director of the Office of Government Ethics shall, in con-
sultation with the Attorney General, the Counsel to the President,
and the Director of the Office of Personnel Management, report to
the President on steps the executive branch can take to expand to
the fullest extent practicable the revolving door ban set forth in
paragraph (5) of the pledge to all executive branch employees who
are involved in the procurement process such that they may not for
2 years after leaving Government service lobby any Government of-
ficial regarding a Government contract that was under their official
responsibility in the last 2 years of their Government service. This
report shall include both immediate actions the executive branch
can take and, if necessary, recommendations for legislation.
(e) All pledges signed by appointees, and all waiver certifications
with respect thereto, shall be filed with the head of the appointee’s
agency for permanent retention in the appointee’s official personnel
folder or equivalent folder.
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SEC. 1015. ENFORCEMENT.
(a) The contractual, fiduciary, and ethical commitments in the
pledge provided for herein are solely enforceable by the United
States pursuant to this section by any legally available means, in-
cluding debarment proceedings within any affected executive agen-
cy or judicial civil proceedings for declaratory, injunctive, or mone-
tary relief.
(b) Any former appointee who is determined, after notice and
hearing, by the duly designated authority within any agency, to
have violated his or her pledge may be barred from lobbying any
officer or employee of that agency for up to 5 years in addition to
the time period covered by the pledge. The head of every executive
agency shall, in consultation with the Director of the Office of Gov-
ernment Ethics, establish procedures to implement this subsection,
which procedures shall include (but not be limited to) providing for
fact-finding and investigation of possible violations of this title and
for referrals to the Attorney General for consideration pursuant to
subsection (c) of this section.
(c) The Attorney General is authorized—
(1) upon receiving information regarding the possible breach
of any commitment in a signed pledge, to request any appro-
priate Federal investigative authority to conduct such inves-
tigations as may be appropriate; and
(2) upon determining that there is a reasonable basis to be-
lieve that a breach of a commitment has occurred or will occur
or continue, if not enjoined, to commence a civil action against
the former employee in any United States District Court with
jurisdiction to consider the matter.
(d) In any such civil action, the Attorney General is authorized
to request any and all relief authorized by law, including but not
limited to:
(1) such temporary restraining orders and preliminary and
permanent injunctions as may be appropriate to restrain fu-
ture, recurring, or continuing conduct by the former employee
in breach of the commitments in the pledge he or she signed;
and
(2) establishment of a constructive trust for the benefit of the
United States, requiring an accounting and payment to the
United States Treasury of all money and other things of value
received by, or payable to, the former employee arising out of
any breach or attempted breach of the pledge signed by the
former employee.
SEC. 1016. GENERAL PROVISIONS.
(a) If any provision of this title or the application of such provi-
sion is held to be invalid, the remainder of this title and other dis-
similar applications of such provision shall not be affected.
(b) Nothing in this title shall be construed to impair or otherwise
affect—
(1) the authority granted by law to an executive department
or agency, or the head thereof; or
(2) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(c) This title shall be implemented consistent with applicable law
and subject to the availability of appropriations.
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47
(d) This title is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in eq-
uity by any party against the United States, its departments, agen-
cies, or entities, its officers, employees, or agents, or any other per-
son.
23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 17, insert after line 9 the following (and conform the table
of contents accordingly):
SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL EX-
PENSE FUNDS.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Director of the Office of Government Ethics
shall finalize a rule establishing ethics requirements for the estab-
lishment or operation of a legal expense fund for the benefit of the
President, the Vice President, or any political appointee (as such
term is defined in section 1216 of title 5, United States Code) con-
sistent with the requirements of subsection (b).
(b) LIMITATIONS ON ACCEPTANCE OF CERTAIN PAYMENTS.—A legal
expense fund described in subsection (a) may not accept any con-
tribution or other payment made by—
(1) an individual who is a registered lobbyist under the Lob-
bying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or
(2) an agent of a foreign principal.
In the case of any such contribution being made, the legal expense
fund shall take appropriate remedial action and the Director of the
Office of Government Ethics may assess a fine against the indi-
vidual or agent. For purposes of this section, the term ‘‘agent of a
foreign principal’’ has the meaning given such term under section
1 of the Foreign Agents Registration Act of 1938, as amended (2
U.S.C. 611).
24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 17, after line 9, insert the following:
SEC. 308. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO,
AND DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) REQUIREMENTS FOR INAUGURAL COMMITTEES.—Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 325. INAUGURAL COMMITTEES.
‘‘(a) PROHIBITED DONATIONS.—
‘‘(1) IN GENERAL.—It shall be unlawful—
‘‘(A) for an Inaugural Committee—
‘‘(i) to solicit, accept, or receive a donation from a
person that is not an individual; or
‘‘(ii) to solicit, accept, or receive a donation from a
foreign national;
‘‘(B) for a person—
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48
‘‘(i) to make a donation to an Inaugural Committee
in the name of another person, or to knowingly au-
thorize his or her name to be used to effect such a do-
nation;
‘‘(ii) to knowingly accept a donation to an Inaugural
Committee made by a person in the name of another
person; or
‘‘(iii) to convert a donation to an Inaugural Com-
mittee to personal use as described in paragraph (2);
and
‘‘(C) for a foreign national to, directly or indirectly, make
a donation, or make an express or implied promise to
make a donation, to an Inaugural Committee.
‘‘(2) CONVERSION OF DONATION TO PERSONAL USE.—For pur-
poses of paragraph (1)(B)(iii), a donation shall be considered to
be converted to personal use if any part of the donated amount
is used—
‘‘(A) to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the responsibilities
of the Inaugural Committee; or
‘‘(B) to benefit the personal business venture of the
President or Vice President of the United States, the Inau-
gural Committee, or an immediate family member of such
individuals.
‘‘(3) NO EFFECT ON DISBURSEMENT OF UNUSED FUNDS TO NON-
PROFIT ORGANIZATIONS.—Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
‘‘(b) LIMITATION ON DONATIONS.—
‘‘(1) IN GENERAL.—It shall be unlawful for an individual to
make donations to an Inaugural Committee which, in the ag-
gregate, exceed $50,000.
‘‘(2) INDEXING.—At the beginning of each Presidential elec-
tion year (beginning with 2028), the amount described in para-
graph (1) shall be increased by the cumulative percent dif-
ference determined in section 315(c)(1)(A) since the previous
Presidential election year. If any amount after such increase is
not a multiple of $1,000, such amount shall be rounded to the
nearest multiple of $1,000.
‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DISBURSEMENTS.—
‘‘(1) DONATIONS OVER $1,000.—
‘‘(A) IN GENERAL.—An Inaugural Committee shall file
with the Commission a report disclosing any donation by
an individual to the committee in an amount of $1,000 or
more not later than 24 hours after the receipt of such do-
nation.
‘‘(B) CONTENTS OF REPORT.—A report filed under sub-
paragraph (A) shall contain—
‘‘(i) the amount of the donation;
‘‘(ii) the date the donation is received; and
‘‘(iii) the name and address of the individual making
the donation.
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49
‘‘(2) FINAL REPORT.—Not later than the date that is 90 days
after the date of the Presidential inaugural ceremony, the In-
augural Committee shall file with the Commission a report
containing the following information:
‘‘(A) For each donation of money or anything of value
made to the committee in an aggregate amount equal to or
greater than $200—
‘‘(i) the amount of the donation;
‘‘(ii) the date the donation is received; and
‘‘(iii) the name and address of the individual making
the donation.
‘‘(B) The total amount of all disbursements, and all dis-
bursements in the following categories:
‘‘(i) Disbursements made to meet committee oper-
ating expenses.
‘‘(ii) Repayment of all loans.
‘‘(iii) Donation refunds and other offsets to dona-
tions.
‘‘(iv) Any other disbursements.
‘‘(C) The name and address of each person—
‘‘(i) to whom a disbursement in an aggregate amount
or value in excess of $200 is made by the committee
to meet a committee operating expense, together with
date, amount, and purpose of such operating expense;
‘‘(ii) who receives a loan repayment from the com-
mittee, together with the date and amount of such
loan repayment;
‘‘(iii) who receives a donation refund or other offset
to donations from the committee, together with the
date and amount of such disbursement; and
‘‘(iv) to whom any other disbursement in an aggre-
gate amount or value in excess of $200 is made by the
committee, together with the date and amount of such
disbursement.
‘‘(d) VIOLATION.—A violation of this section may be enforced pur-
suant to the practice and procedure described under section 309 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30109).
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to limit the authority of a Federal agency to enforce a
Federal law with respect to an Inaugural Committee.
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1)(A) The term ‘donation’ includes—
‘‘(i) any gift, subscription, loan, advance, or deposit of
money or anything of value made by any person to the
committee; or
‘‘(ii) the payment by any person of compensation for the
personal services of another person which are rendered to
the committee without charge for any purpose.
‘‘(B) The term ‘donation’ does not include the value of serv-
ices provided without compensation by any individual who vol-
unteers on behalf of the committee.
‘‘(2) The term ‘foreign national’ has the meaning given that
term by section 319(b).
‘‘(3) The term ‘immediate family member’ means a parent,
parent-in-law, spouse, adult child, or sibling.
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‘‘(4) The term ‘Inaugural Committee’ has the meaning given
that term by section 501 of title 36, United States Code.’’.
(b) CONFIRMING AMENDMENT RELATED TO REPORTING REQUIRE-
MENTS.—Section 304 of the Federal Election Campaign Act (52
U.S.C. 30104) is amended—
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) CONFORMING AMENDMENT RELATED TO STATUS OF COM-
MITTEE.—Section 510 of title 36, United States Code, is amended
to read as follows:
‘‘§ 510. Disclosure of and prohibition on certain donations
‘‘A committee shall not be considered to be the Inaugural Com-
mittee for purposes of this chapter unless the committee agrees to,
and meets, the requirements of section 325 of the Federal Election
Campaign Act of 1971.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to Inaugural Committees established
under chapter 5 of title 36, United States Code, for inaugurations
held in 2025 and any succeeding year.
25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
At the end of subtitle B of title VIII add the following:
SEC. 814. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS AND IN-
VESTIGATIONS.
(a) AMENDMENT.—Title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) is amended by adding at the end the fol-
lowing new section:
‘‘SEC. 513. GOVERNMENT ACCOUNTABILITY OFFICE ANALYSES, EVAL-
UATIONS, AND INVESTIGATIONS.
‘‘(a) IN GENERAL.—The Director of National Intelligence shall, to
the extent consistent with due regard for the protection from unau-
thorized disclosure of classified information relating to sensitive in-
telligence sources and methods, ensure that personnel of the Gov-
ernment Accountability Office designated by the Comptroller Gen-
eral are provided with access to all information in the possession
of an element of the intelligence community that the Comptroller
General determines is necessary for such personnel to conduct an
analysis, evaluation, or investigation of a program or activity of an
element of the intelligence community that is requested by a com-
mittee of Congress with jurisdiction over such program or activity.
‘‘(b) CONFIDENTIALITY.—(1) The Comptroller General shall main-
tain the same level of confidentiality for information made avail-
able for an analysis, evaluation, or investigation referred to in sub-
section (a) as is required of the head of the element of the intel-
ligence community from which such information is obtained. Offi-
cers and employees of the Government Accountability Office are
subject to the same statutory penalties for unauthorized disclosure
or use of such information as officers or employees of the element
of the intelligence community that provided the Comptroller Gen-
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51
eral or officers and employees of the Government Accountability
Office with access to such information.
‘‘(2) The Comptroller General shall establish procedures to pro-
tect from unauthorized disclosure all classified and other sensitive
information furnished to the Comptroller General or any represent-
ative of the Comptroller General for conducting an analysis, eval-
uation, or investigation referred to in subsection (a). Such proce-
dures shall be established in consultation with the Director of Na-
tional Intelligence and the congressional intelligence committees.
‘‘(3) Before initiating an analysis, evaluation, or investigation re-
ferred to in subsection (a), the Comptroller General shall provide
the Director of National Intelligence and the head of each relevant
element of the intelligence community with the name of each offi-
cer and employee of the Government Accountability Office who has
obtained appropriate security clearance and to whom, upon proper
identification, records and information of the element of the intel-
ligence community shall be made available in conducting such
analysis, evaluation, or investigation.
‘‘(4) Any analysis, evaluation, or report prepared pursuant to this
provision shall be unclassified but may include a classified annex,
which shall be submitted to the congressional intelligence commit-
tees and, consistent with the protection of intelligence sources and
methods, to the requesting committee with jurisdiction over the
program or activity that is the subject of the report.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of the National Security Act of 1947 is amended by inserting
after the item relating to section 512 the following new item:
‘‘Sec. 513. Government Accountability Office analyses, evaluations, and investiga-
tions.’’.
26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OMAR OF
MINNESOTA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 122, line 23, insert before ‘‘a commissioned officer’’ the fol-
lowing: ‘‘a fellow or intern at an agency,’’.
27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PASCRELL
JR. OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end of section 1002 the following:
(c) CRIMINAL PENALTY.—
(1) IN GENERAL.—Subchapter III of chapter 73 of title 5,
United States Code, is amended by adding after section 7326
the following:
‘‘§ 7328. Criminal penalty for Hatch Act violations
‘‘(a) IN GENERAL.—Any person who knowingly violates section
7323 or 7324 shall be fined $50,000 (notwithstanding section
3571(e) of title 18), or imprisoned for not more than 1 year, or both.
Notwithstanding section 3571(e) of title 18, for each violation after
the first, the fine applicable under this section shall be double the
amount of the fine assessed for the previous violation.
‘‘(b) ATTORNEY FEES.—A court may assess against the United
States reasonable attorney fees and other litigation costs reason-
ably incurred in any case under this section in which an employee
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52
has established, by a preponderance of the evidence, that a supe-
rior ordered or otherwise coerced the employee into taking any act
that resulted in a violation of such section 7323 or 7324.’’.
(2) CLERICAL AMENDMENT.—The table of sections of such
subchapter is amended by inserting after the item relating to
section 7326 the following:
‘‘7328. Criminal penalty for Hatch Act violations.’’.
(3) TRAINING.—After an individual’s first violation of section
7323 or 7324 of title 5, United States Code, such individual
shall be provided training by the employing agency on how to
avoid subsequent violations of either such section.
Insert after section 1002 the following:
SEC. 1003. DISCLOSURE OF HATCH ACT INVESTIGATIONS FOR CER-
TAIN POLITICAL EMPLOYEES.
Section 1216 of title 5, United States Code, is amended by adding
at the end the following:
‘‘(d)(1) With respect to any investigation of an allegation of pro-
hibited activity under subsection (a)(1) against a political employee,
not later than 14 days after the Special Counsel makes a final de-
termination under such investigation with respect to whether a vio-
lation occurred, the Special Counsel shall—
‘‘(A) publish, on the Office of Special Counsel’s website, such
determination and a report on that determination; and
‘‘(B) submit such report to the Committee on Oversight and
Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
‘‘(2) In this subsection, the term ‘political employee’ means any
individual occupying any of the following positions in the executive
branch of Government (including an individual carrying out the du-
ties of a position described in paragraph (1) in an acting capacity):
‘‘(A) Any position required to be filled by an appointment by
the President by and with the advice and consent of the Sen-
ate.
‘‘(B) Any position in the executive branch of the Government
of a confidential or policy-determining character under sched-
ule C of subpart C of part 213 of title 5, Code of Federal Regu-
lations.
‘‘(C) Any position in or under the Executive Office of the
President.
‘‘(D) Any position in or under the Office of the Vice Presi-
dent.
‘‘(E) Any position in the Senior Executive Service that is not
a career appointee, a limited term appointee, or a limited
emergency appointee (as those terms are defined in section
3132(a)).’’.
SEC. 1004. CLARIFICATION ON CANDIDATES VISITING FEDERAL PROP-
ERTY.
(a) IN GENERAL.—Section 7323 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(d) Nothing in this section or section 7324 shall be construed to
prohibit an employee from allowing a Member of Congress or any
other elected official from visiting Federal facilities for an official
purpose, including receiving briefings, tours, or other official infor-
mation.’’.
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(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section
7323 is further amended—
(1) in subsection (a)(1), by striking ‘‘his’’ and inserting ‘‘the
employee’s’’; and
(2) in subsection (c)—
(A) by striking ‘‘he’’ and inserting ‘‘the employee’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the employee’s’’.
SEC. 1005. APPLYING HATCH ACT TO PRESIDENT AND VICE PRESI-
DENT WHILE ON FEDERAL PROPERTY.
(a) IN GENERAL.—Subchapter III of chapter 73 of title 5, United
States Code, as amended by section 1002(c), is further amended by
redesignating section 7326 as section 7327 and by inserting after
section 7325 the following:
‘‘§ 7326. Limitations on political activity of president and
vice president while on White House grounds
‘‘Notwithstanding section 7322(1), the prohibitions on political ac-
tivity under section 7323(a) and section 7324 shall apply to the
President and Vice President while the President and Vice Presi-
dent are on or in any part of the White House and White House
grounds that is regularly used in the discharge of official duties.’’.
(b) CLERICAL AMENDMENT.—The table of sections of such sub-
chapter, as amended by section 1002(c), is fruther amended by
striking the item relating to section 7326 and inserting the fol-
lowing:
‘‘7326. Limitations on political activity of President and Vice President while on
Federal property
‘‘7327. Penalties’’.
SEC. 1006. GRANTING THE OFFICE OF SPECIAL COUNSEL RULE-
MAKING AUTHORITY.
Notwithstanding any other law, rule, or regulation, the Office of
Special Counsel shall have exclusive authority to promulgate regu-
lations with respect to authority granted to the Office under the
Hatch Act.
SEC. 1007. GREATER ACCOUNTABILITY FOR POLITICAL APPOINTEES.
Section 1204(c) of title 5, United States Code, is amended by add-
ing at the end the following: ‘‘Notwithstanding the previous sen-
tences, in the case of contumacy or failure by an individual to obey
a subpoena issued under subsection (b)(2)(A) or section 1214(b)
with respect to an investigation into any violation of section 7323
or 7324, the Board may issue an order requiring that individual to
appear at any designated place to testify or to produce documen-
tary or other evidence.’’.’’.
SEC. 1008. INVESTIGATING FORMER POLITICAL EMPLOYEES.
Notwithstanding any other provision of law, the Office of Special
Counsel may continue an investigation of a violation of section
7323 or 7324 of title 5, United States Code, of an individual who
is a former employee but only if such investigation commenced
while the individual was an employee. In this section, the term
‘‘employee’’ has the meaning given that term in section 7322(1) of
such title.
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SEC. 1009. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.
Not later than 60 days after the date of enactment of this Act,
the Comptroller General shall submit to Congress a report on reim-
bursable political events held at the White House or on the White
House grounds during the period beginning on January 1, 1997,
and ending on the date of enactment of this Act. Such report shall
include the following:
(1) Whether, during such period, the requirements in annual
appropriations Acts with respect to reimbursable political
events have been followed, including the requirements under
the heading ‘‘Executive Residence At the White House—Reim-
bursable Expenses’’ in division D of Public Law 116–6.
(2) An assessment of what constitutes a political event dur-
ing such period.
(3) Whether an event that was not classified as a political
event during such period should have been classified as such
an event.
(4) A review of any payment made by a political entity under
the terms of such requirements.
(5) Recommendations for Congress on—
(A) a definition for the term ‘‘political event’’; and
(B) how to assess whether administrations are following
such requirements and how to hold administrations ac-
countable if such requirements are not followed.
28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PHILLIPS
OF MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
SEC. ll. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLIT-
ICAL CONVENTIONS.
(a) IN GENERAL.—Chapter 29 of title 18, United States Code, is
amended by inserting after section 611 the following:
‘‘§ 612. Prohibition on use of Federal property for certain po-
litical activities
‘‘(a) A convention of a national political party held to nominate
a candidate for the office of President or Vice President may not
be held on or in any Federal property.
‘‘(b) Any candidate or the authorized committee of the candidate
under the Federal Election Campaign Act of 1971 which was re-
sponsible for a convention in violation of subsection (a) shall be
subject to an assessment of a civil penalty equal to the fair market
value of the cost of the convention or $50,000, whichever is greater,
or imprisoned not more than five years, or both.
‘‘(c) In this section, the term ‘Federal property’ means any build-
ing, land, or other real property owned, leased, or occupied by any
department, agency, or instrumentality of the United States, in-
cluding the White House grounds and the White House (including
the Old Executive Office Building, the West Wing, the East Wing,
the Rose Garden, and the Executive Residence, but not including
the second floor of the Executive Residence).’’.
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55
(b) CLERICAL AMENDMENT.—The table of sections for such chap-
ter is amended by inserting after the item relating to section 611
the following:
‘‘612. Prohibition on use of Federal property for certain political activities.’’.
(c) APPLICATION.—
(1) IN GENERAL.—This Act and the amendments made by
this Act shall apply to any convention described in section
612(a) of title 18, United States Code, as added by subsection
(a), occurring on or after the date of enactment of this Act.
(2) TRAVEL.—Nothing in this Act or the amendments made
by this Act shall be construed to limit or otherwise prevent the
President or Vice President from using vehicles (including air-
craft) owned or leased by the Government for travel to or from
any such convention.
29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PHILLIPS
OF MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 175, insert after line 18 the following (and redesignate the
succeeding provisions accordingly):
DIVISION D—RANKED CHOICE VOTING
TITLE XV—ASSISTANCE FOR TRANSITION TO RANKED
CHOICE VOTING
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Voter Choice Act’’.
SEC. 1502. ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING.
(a) IN GENERAL.—Title V of the Help America Vote Act of 2002
(52 U.S.C. 21121 et seq.) is amended by adding at the end the fol-
lowing:
‘‘Subtitle B—Ranked Choice Voting Program
‘‘SEC. 511. RANKED CHOICE VOTING PROGRAM.
‘‘(a) DEFINITION OF RANKED CHOICE VOTING SYSTEM.—For pur-
poses of this subtitle, the term ‘ranked choice voting system’ means
a set of election methods which allow each voter to rank contest op-
tions in order of the voter’s preference, in which votes are counted
in rounds using a series of runoff tabulations to defeat contest op-
tions with the fewest votes, and which elects a winner with a ma-
jority of final round votes in a single-winner contest and provides
proportional representation in multi-winner contests.
‘‘(b) PROGRAM.—The Commission shall establish a program under
which the Commission—
‘‘(1) provides technical assistance to State and local govern-
ments that are considering whether to make, or that are in the
process of making, a transition to a ranked choice voting sys-
tem for Federal, State, or local elections; and
‘‘(2) awards grants to States and local government to support
the transition to a ranked choice voting system, including
through the acquisition of voting equipment and tabulation
software, appropriate ballot design, the development and publi-
cation of educational materials, and voter outreach.
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‘‘(c) RULES FOR GRANTS.—
‘‘(1) SELECTION OF GRANT RECIPIENTS.—To the extent pos-
sible, the Commission shall award grants under subsection
(b)(2) to areas that represent a diversity of jurisdictions with
respect to geography, population characteristics, and popu-
lation density.
‘‘(2) AWARD LIMITATION.—The amount of any grant awarded
under subsection (b)(2) shall not exceed 50 percent of the cost
of the activities covered by the grant.
‘‘SEC. 512. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—In addition to any funds authorized to be ap-
propriated to the Commission under section 210, there are author-
ized to be appropriated to carry out this subtitle $40,000,000 for
fiscal year 2022.
‘‘(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to
the authorization under this section shall remain available, with-
out fiscal year limitation, until expended.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 202(6) of the Help America Vote Act of 2002 (52
U.S.C. 20922) is amended by striking ‘‘the Help America Vote
College Program under title V’’ and inserting ‘‘the programs
under title V’’.
(2) Title V of the Help America Vote Act of 2002 (52 U.S.C.
21121 et seq.) is amended by striking the matter preceding sec-
tion 501 and inserting the following:
‘‘TITLE V—ELECTION ASSISTANCE PROGRAMS
‘‘Subtitle A—Help America Vote College Program’’.
(3) Section 503 of such Act (52 U.S.C. 21123) is amended by
striking ‘‘title’’ and inserting ‘‘subtitle’’.
(4) The table of sections of the Help America Vote Act of
2002 is amended—
(A) by striking the item relating to title V and inserting
the following:
‘‘TITLE V—ELECTION ASSISTANCE PROGRAMS
‘‘Subtitle A—Help America Vote College Program and
(B) by inserting after the item relating to section 503 the
following:
‘‘Subtitle B—Ranked Choice Voting Program
‘‘Sec. 511. Ranked choice voting program.
‘‘Sec. 512. Authorization of appropriations.’’.
30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY
OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
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57
SEC. ll. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS
RECORDS.
(a) DEFINITIONS.—In this section:
(1) COVERED LOCATION.—The term ‘‘covered location’’
means—
(A) the White House;
(B) the residence of the Vice President; and
(C) any other location at which the President or the Vice
President regularly conducts official business.
(2) COVERED RECORDS.—The term ‘‘covered records’’ means
information relating to a visit at a covered location, which
shall include—
(A) the name of each visitor at the covered location;
(B) the name of each individual with whom each visitor
described in subparagraph (A) met at the covered location;
and
(C) the purpose of the visit.
(b) REQUIREMENT.—Except as provided in subsection (c), not later
than 90 days after the date of enactment of this Act, the President
shall establish and update, every 90 days thereafter, a publicly
available database that contains covered records for the preceding
90-day period, on a publicly available website in an easily search-
able and downloadable format.
(c) EXCEPTIONS.—
(1) IN GENERAL.—The President shall not include in the
database established under subsection (b) any covered record—
(A) the posting of which would implicate personal pri-
vacy or law enforcement concerns or threaten national se-
curity;
(B) relating to a purely personal guest at a covered loca-
tion; or
(C) that reveals the social security number, taxpayer
identification number, birth date, home address, or per-
sonal phone number of an individual, the name of an indi-
vidual who is less than 18 years old, or a financial account
number.
(2) SENSITIVE MEETINGS.—With respect to a particularly sen-
sitive meeting at a covered location, the President shall—
(A) include the number of visitors at the covered location
in the database established under subsection (b);
(B) post the applicable covered records in the database
established under subsection (b) when the President deter-
mines that release of the covered records is no longer sen-
sitive; and
(C) post any reasonably segregable portion that is not
covered by an exception described in subsection (c) of any
such excepted record on the website described under sub-
section (b).
31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RASKIN
OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after line 2, insert the following (and redesignate the fol-
lowing subsections accordingly):
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58
‘‘(d) DELAY IN TRIAL OR OTHER LEGAL PROCEEDINGS.—In the case
of an indictment of any person serving as President or Vice Presi-
dent of the United States, a trial or other legal proceeding with re-
spect to such indictment may be delayed at the discretion of a court
of competent jurisdiction to the extent that ongoing criminal pro-
ceedings would interfere with the performance of the defendant’s
duties while in office.
‘‘(e) BURDEN OF PROOF.—With respect to an exercise of discretion
under subsection (d), the burden of proof shall be on the defendant
to demonstrate that an ongoing criminal proceeding would pose a
substantial burden on the defendant’s ability to fulfill the duties of
the defendant’s office.’’.
32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROSS OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, insert after line 12 the following:
SEC. 203. LIMITATION ON NONDISCLOSURE AGREEMENTS.
The President may not require an officer or employee of the Ex-
ecutive Office of the President to enter into a nondisclosure agree-
ment that is not related to the protection of classified or controlled
unclassified information as a condition of employment or upon sep-
aration from the civil service.
33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROSS OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 176, insert after line 3 the following (and conform the table
of contents accordingly):
DIVISION E—PROTECTING ELECTION OFFICIALS
TITLE XVI—DOJ TASK FORCE
SEC. 1601. ELECTION OFFICIALS SECURITY TASK FORCE.
The Attorney General shall establish a task force, to be headed
by the head of the Civil Rights Division of the Department of Jus-
tice, for purposes of studying threats or acts of violence against the
people responsible for ensuring the integrity of Federal and State
elections in the United States, and their families, and to provide
expertise and resources for the identification, investigation, and
prosecution of the persons responsible for such threats and acts, in-
cluding by making referrals for criminal prosecutions. The task
force shall include representatives from the following:
(1) The Federal Bureau of Investigation.
(2) The United States Marshals Service.
(3) The Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(4) State and local prosecutors and election officials.
(5) The Election Assistance Commission.
(6) Elections officials associations.
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34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCANLON
OF PENNSYLVANIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 86, line 12, strike ‘‘January 30 and July 30 of each year’’
and insert ‘‘January 30, April 30, July 30, and October 30 of each
year’’.
Page 86, beginning on line 16, strike ‘‘the 6-month period pre-
ceding that January or July’’ and insert ‘‘the 3-month period pre-
ceding that January, April, July, or October’’.
Æ
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