[Congressional Record Volume 167, Number 213 (Thursday, December 9, 2021)]
[House]
[Pages H7562-H7617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1230
                      PROTECTING OUR DEMOCRACY ACT

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, pursuant to House 
Resolution 838, I call up the bill

[[Page H7563]]

(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, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Ms. Stansbury). Pursuant to House Resolution 
838, 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 House Report 117-205, is adopted and the bill, as amended, is 
considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 5314

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Our Democracy 
     Act''.

     SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                   CONTENTS.

       (a) Divisions.--This Act is organized into divisions as 
     follows:
       (1) Division A--Preventing Abuses of Presidential Power.
       (2) Division B--Restoring Checks and Balances, 
     Accountability, and Transparency.
       (3) Division C--Defending Elections Against Foreign 
     Interference.
       (4) Division D--Severability.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

          DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER

             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

Sec. 101. Short title.
Sec. 102. Congressional oversight relating to certain pardons.
Sec. 103. Bribery in connection with pardons and commutations.
Sec. 104. Prohibition on presidential self-pardon.

            TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW

Sec. 201. Short title.
Sec. 202. Tolling of statute of limitations.

 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
                          OF THE CONSTITUTION

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibition on acceptance of foreign and domestic emoluments.
Sec. 304. Civil actions by Congress concerning foreign emoluments.
Sec. 305. Disclosures concerning foreign and domestic emoluments.
Sec. 306. Enforcement authority of the Director of the Office of 
              Government Ethics.
Sec. 307. Jurisdiction of the Office of Special Counsel.

    DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
                              TRANSPARENCY

            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Enforcement of congressional subpoenas.
Sec. 404. Compliance with congressional subpoenas.
Sec. 405. Rule of construction.

         TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE

Sec. 500. Short title.

 Subtitle A--Strengthening Congressional Control and Review To Prevent 
                              Impoundment

Sec. 501. Strengthening congressional control.
Sec. 502. Strengthening congressional review.
Sec. 503. Updated authorities for and reporting by the Comptroller 
              General.
Sec. 504. Advance congressional notification and litigation.
Sec. 505. Penalties for failure to comply with the Impoundment Control 
              Act of 1974.

          Subtitle B--Strengthening Transparency and Reporting

         Part 1--Funds Management and Reporting to the Congress

Sec. 511. Expired balance reporting in the President's budget.
Sec. 512. Cancelled balance reporting in the President's budget.
Sec. 513. Lapse in appropriations--Reporting in the President's budget.
Sec. 514. Transfer and other repurposing authority reporting in the 
              President's budget.
Sec. 515. Authorizing cancellations in indefinite accounts by 
              appropriation.

      Part 2--Empowering Congressional Review Through Nonpartisan 
          Congressional Agencies and Transparency Initiatives

Sec. 521. Requirement to respond to requests for information from the 
              Comptroller General for budget and appropriations law 
              decisions.
Sec. 522. Reporting requirements for Antideficiency Act violations.
Sec. 523. Department of Justice reporting to Congress for 
              Antideficiency Act violations.
Sec. 524. Publication of budget or appropriations law opinions of the 
              Department of Justice Office of Legal Counsel.

   Subtitle C--Strengthening Congressional Role in and Oversight of 
                Emergency Declarations and Designations

Sec. 531. Improving checks and balances on the use of the National 
              Emergencies Act.
Sec. 532. National Emergencies Act declaration spending reporting in 
              the President's budget.
Sec. 533. Disclosure to Congress of presidential emergency action 
              documents.
Sec. 534. Congressional Designations.

       TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Communications logs.
Sec. 604. Rule of construction.

          TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE

                Subtitle A--Requiring Cause for Removal

Sec. 701. Short title.
Sec. 702. Amendment.
Sec. 703. Removal or transfer requirements.

        Subtitle B--Inspectors General of Intelligence Community

Sec. 711. Independence of Inspectors General of the Intelligence 
              Community.
Sec. 712. Authority of Inspectors General of the Intelligence Community 
              to determine matters of urgent concern.
Sec. 713. Conforming amendments and coordination with other provisions 
              of law.

                 Subtitle C--Congressional Notification

Sec. 721. Short title.
Sec. 722. Change in status of Inspector General offices.
Sec. 723. Presidential explanation of failure to nominate an Inspector 
              General.

                 TITLE VIII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

Sec. 801. Short title.
Sec. 802. Additional whistleblower protections.
Sec. 803. Enhancement of whistleblower protections.
Sec. 804. Classifying certain furloughs as adverse personnel actions.
Sec. 805. Codification of protections for disclosures of censorship 
              related to research, analysis, or technical information.
Sec. 806. Title 5 technical and conforming amendments.

        Subtitle B--Whistleblowers of the Intelligence Community

Sec. 811. Limitation on sharing of intelligence community whistleblower 
              complaints with persons named in such complaints.
Sec. 812. Disclosures to Congress.
Sec. 813. Prohibition against disclosure of whistleblower identity as 
              reprisal against whistleblower disclosure by employees 
              and contractors in intelligence community.

             TITLE IX--ACCOUNTABILITY FOR ACTING OFFICIALS

Sec. 901. Short title.
Sec. 902. Clarification of Federal Vacancies Reform Act of 1998.

       TITLE X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

Sec. 1001. Short title.
Sec. 1002. Strengthening Hatch Act enforcement and penalties against 
              political appointees.

         TITLE XI--PROMOTING EFFICIENT PRESIDENTIAL TRANSITIONS

Sec. 1101. Short title.
Sec. 1102. Ascertainment of successful candidates in general elections 
              for purposes of presidential transition.

     TITLE XII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 1201. Presidential and Vice Presidential tax transparency.

      DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE

        TITLE XIII--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1301. Federal campaign reporting of foreign contacts.
Sec. 1302. Federal campaign foreign contact reporting compliance 
              system.
Sec. 1303. Criminal penalties.
Sec. 1304. Report to congressional intelligence committees.
Sec. 1305. Rule of construction.

        TITLE XIV--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

Sec. 1401. Clarification of application of foreign money ban.
Sec. 1402. Requiring acknowledgment of foreign money ban by political 
              committees.
Sec. 1403.  Prohibition on contributions and donations by foreign 
              nationals in connections with ballot initiatives and 
              referenda.

[[Page H7564]]

                        DIVISION D--SEVERABILITY

                         TITLE XV--SEVERABILITY

Sec. 1501. Severability.

          DIVISION A--PREVENTING ABUSES OF PRESIDENTIAL POWER

             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Abuse of the Pardon Power 
     Prevention Act''.

     SEC. 102. CONGRESSIONAL OVERSIGHT RELATING TO CERTAIN 
                   PARDONS.

       (a) Submission of Information.--In the event that the 
     President grants an individual a pardon for a covered 
     offense, not later than 30 days after the date of such pardon 
     the Attorney General shall submit to the chairmen and ranking 
     minority members of the appropriate congressional 
     committees--
       (1) all materials obtained or produced by the prosecution 
     team, including the Attorney General and any United States 
     Attorney, and all materials obtained or prepared by any 
     investigative agency of the United States government, 
     relating to the offense for which the individual was so 
     pardoned; and
       (2) all materials obtained or produced by the Department of 
     Justice in relation to the pardon.
       (b) Treatment of Information.--Rule 6(e) of the Federal 
     Rules of Criminal Procedure may not be construed to prohibit 
     the disclosure of information required by subsection (a) of 
     this section.
       (c) Definitions.--In this section:
       (1) The term ``appropriate congressional committees'' 
     means--
       (A) the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate; and
       (B) if an investigation relates to intelligence or 
     counterintelligence matters, the Permanent Select Committee 
     on Intelligence of the House of Representatives and the 
     Select Committee on Intelligence of the Senate.
       (2) The term ``covered offense'' means--
       (A) an offense against the United States that arises from 
     an investigation in which the President, or a relative of the 
     President, is a target or subject;
       (B) an offense under section 192 of title 2, United States 
     Code; or
       (C) an offense under section 1001, 1505, 1512, or 1621 of 
     title 18, United States Code, provided that the offense 
     occurred in relation to a Congressional proceeding or 
     investigation.
       (3) The term ``pardon'' includes a commutation of sentence.
       (4) The term ``relative'' has the meaning given that term 
     in section 3110(a) of title 5, United States Code.

     SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND 
                   COMMUTATIONS.

       Section 201 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, including the 
     President and the Vice President of the United States,'' 
     after ``or an officer or employee or person''; and
       (B) in paragraph (3), by inserting before the period at the 
     end the following: ``, including any pardon, commutation, or 
     reprieve, or an offer of any such pardon, commutation, or 
     reprieve''; and
       (2) in subsection (b)(3), by inserting ``(including, for 
     purposes of this paragraph, any pardon, commutation, or 
     reprieve, or an offer of any such pardon, commutation, or 
     reprieve)'' after ``corruptly gives, offers, or promises 
     anything of value''.

     SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON.

       The President's grant of a pardon to himself or herself is 
     void and of no effect, and shall not deprive the courts of 
     jurisdiction, or operate to confer on the President any legal 
     immunity from investigation or prosecution.

            TITLE II--ENSURING NO PRESIDENT IS ABOVE THE LAW

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``No President is Above the 
     Law Act''.

     SEC. 202. TOLLING OF STATUTE OF LIMITATIONS.

       (a) Offenses Committed by the President or Vice President 
     During or Prior to Tenure in Office.--Section 3282 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(c) Offenses Committed by the President or Vice President 
     During or Prior to Tenure in Office.--In the case of any 
     person serving as President or Vice President of the United 
     States, the duration of that person's tenure in office shall 
     not be considered for purposes of any statute of limitations 
     applicable to any Federal criminal offense committed by that 
     person (including any offenses committed during any period of 
     time preceding such tenure in office).''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any offense committed before the date of the 
     enactment of this section, if the statute of limitations 
     applicable to that offense had not run as of such date.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to preclude the indictment or prosecution of a 
     President or Vice President, during that President or Vice 
     President's tenure in office, for violations of the criminal 
     laws of the United States.

 TITLE III--ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES 
                          OF THE CONSTITUTION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Foreign and Domestic 
     Emoluments Enforcement Act''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) The term ``emolument'' means any profit, gain, or 
     advantage that is received directly or indirectly from any 
     government of a foreign country, the Federal government, or 
     any State or local government, or from any instrumentality 
     thereof, including payments arising from commercial 
     transactions at fair market value.
       (2) The term ``person holding any office of profit or trust 
     under the United States'' includes the President of the 
     United States and the Vice-President of the United States.
       (3) The term ``government of a foreign country'' has the 
     meaning given such term in section 1(e) of the Foreign Agents 
     Registration Act (22 U.S.C. 611(e)).

     SEC. 303. PROHIBITION ON ACCEPTANCE OF FOREIGN AND DOMESTIC 
                   EMOLUMENTS.

       (a) Foreign.--Except as otherwise provided in section 7342 
     of title 5, United States Code, it shall be unlawful for any 
     person holding an office of profit or trust under the United 
     States to accept from a government of a foreign country, 
     without first obtaining the consent of Congress, any present 
     or emolument, or any office or title. The prohibition under 
     this subsection applies without regard to whether the 
     present, emolument, office, or title is--
       (1) provided directly or indirectly by that government of a 
     foreign country; or
       (2) provided to that person or to any private business 
     interest of that person.
       (b) Domestic.--It shall be unlawful for the President to 
     accept from the United States, or any of them, any emolument 
     other than the compensation for his or her services as 
     President provided for by Federal law. The prohibition under 
     this subsection applies without regard to whether the 
     emolument is provided directly or indirectly, and without 
     regard to whether the emolument is provided to the President 
     or to any private business interest of the President.

     SEC. 304. CIVIL ACTIONS BY CONGRESS CONCERNING FOREIGN 
                   EMOLUMENTS.

       (a) Cause of Action.--The House of Representatives or the 
     Senate may bring a civil action against any person for a 
     violation of subsection (a) of section 303.
       (b) Special Rules.--In any civil action described in 
     subsection (a), the following rules shall apply:
       (1) The action shall be filed before the United States 
     District Court for the District of Columbia.
       (2) The action shall be heard by a three-judge court 
     convened pursuant to section 2284 of title 28, United States 
     Code. It shall be the duty of such court to advance on the 
     docket and to expedite to the greatest possible extent the 
     disposition of any such action. Such action shall be 
     reviewable only by appeal directly to the Supreme Court of 
     the United States. Such appeal shall be taken by the filing 
     of a notice of appeal within 10 days, and the filing of a 
     jurisdictional statement within 30 days, of the entry of the 
     final decision.
       (3) It shall be the duty of the Supreme Court of the United 
     States to advance on the docket and to expedite to the 
     greatest possible extent the disposition of any such action 
     and appeal.
       (c) Remedy.--If the court determines that a violation of 
     subsection (a) of section 303 has occurred, the court shall 
     issue an order enjoining the course of conduct found to 
     constitute the violation, and such of the following as are 
     appropriate:
       (1) The disgorgement of the value of any foreign present or 
     emolument.
       (2) The surrender of the physical present or emolument to 
     the Department of State, which shall, if practicable, dispose 
     of the present or emolument and deposit the proceeds into the 
     United States Treasury.
       (3) The renunciation of any office or title accepted in 
     violation of such subsection.
       (4) A prohibition on the use or holding of such an office 
     or title.
       (5) Such other relief as the court determines appropriate.
       (d) Use of Government Funds Prohibited.--No appropriated 
     funds, funds provided from any accounts in the United States 
     Treasury, funds derived from the collection of fees, or any 
     other Government funds shall be used to pay any disgorgement 
     imposed by the court pursuant to this section.

     SEC. 305. DISCLOSURES CONCERNING FOREIGN AND DOMESTIC 
                   EMOLUMENTS.

       (a) Disclosures.--Section 102(a) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.) is amended by adding 
     at the end the following:
       ``(9) Any present, emolument, office, or title received 
     from a government of a foreign country, including the source, 
     date, type, and amount or value of each present or emolument 
     accepted on or before the date of filing during the preceding 
     calendar year.
       ``(10) Each business interest that is reasonably expected 
     to result in the receipt of any present or emolument from a 
     government of a foreign country during the current calendar 
     year.
       ``(11) In addition, the President shall report--
       ``(A) any emolument received from the United States, or any 
     of them, other than the compensation for his or her services 
     as President provided for by Federal law; and
       ``(B) any business interest that is reasonably expected to 
     result in the receipt of any emolument from the United 
     States, or any of them.''.

[[Page H7565]]

       (b) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed to affect the prohibition 
     against the acceptance of presents and emoluments under 
     section 303.

     SEC. 306. ENFORCEMENT AUTHORITY OF THE DIRECTOR OF THE OFFICE 
                   OF GOVERNMENT ETHICS.

       (a) General Authority.--Section 402(a) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.) is amended--
       (1) by striking ``(a) The Director'' and inserting ``(a)(1) 
     The Director''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Director shall provide overall direction of 
     executive branch policies related to compliance with the 
     Foreign and Domestic Emoluments Enforcement Act and the 
     amendments made by such Act and shall have the authority to--
       ``(A) issue administrative fines to individuals for 
     violations;
       ``(B) order individuals to take corrective action, 
     including disgorgement, divestiture, and recusal, as the 
     Director deems necessary; and
       ``(C) bring civil actions to enforce such fines and 
     orders.''.
       (b) Specific Authorities.--Section 402(b) of such Act (5 
     U.S.C. App.) is amended--
       (1) by striking ``and'' at the end of paragraph (14);
       (2) by striking the period at the end of paragraph (15) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(16) developing and promulgating rules and regulations to 
     ensure compliance with the Foreign and Domestic Emoluments 
     Enforcement Act and the amendments made by such Act, 
     including establishing--
       ``(A) requirements for reporting and disclosure;
       ``(B) a schedule of administrative fines that may be 
     imposed by the Director for violations; and
       ``(C) a process for referral of matters to the Office of 
     Special Counsel for investigation in compliance with section 
     1216(d) of title 5, United States Code.''.

     SEC. 307. JURISDICTION OF THE OFFICE OF SPECIAL COUNSEL.

       Section 1216 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5) by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(6) any violation of section 303 of the Foreign and 
     Domestic Emoluments Enforcement Act or of the amendments made 
     by section 305 of such Act.''; and
       (2) by adding at the end the following:
       ``(d) If the Director of the Office of Government Ethics 
     refers a matter for investigation pursuant to section 402 of 
     the Ethics in Government Act of 1978, or if the Special 
     Counsel receives a credible complaint of a violation referred 
     to in subsection (a)(6), the Special Counsel shall complete 
     an investigation not later than 120 days thereafter. If the 
     Special Counsel investigates any violation pursuant to 
     subsection (a)(6), the Special Counsel shall report not later 
     than 7 days after the completion of such investigation to the 
     Director of the Office of Government Ethics and to Congress 
     on the results of such investigation.''.

    DIVISION B--RESTORING CHECKS AND BALANCES, ACCOUNTABILITY, AND 
                              TRANSPARENCY

            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Congressional Subpoena 
     Compliance and Enforcement Act''.

     SEC. 402. FINDINGS.

       The Congress finds as follows:
       (1) As the Supreme Court has repeatedly affirmed, including 
     in its July 9, 2020 holding in Trump v. Mazars, Congress's 
     ``power of inquiry--with process to enforce it--is an 
     essential and appropriate auxiliary to the legislative 
     function''. Congress's power to obtain information, including 
     through the issuance of subpoenas and the enforcement of such 
     subpoenas, is ``broad and indispensable''.
       (2) Congress ``suffers a concrete and particularized injury 
     when denied the opportunity to obtain information necessary'' 
     to the exercise of its constitutional functions, as the U.S. 
     Court of Appeals for the District of Columbia Circuit 
     correctly recognized in its August 7, 2020 en banc decision 
     in Committee on the Judiciary of the U.S. House of 
     Representatives v. McGahn.
       (3) Accordingly, the Constitution secures to each House of 
     Congress an inherent right to enforce its subpoenas in court. 
     Explicit statutory authorization is not required to secure 
     such a right of action, and the contrary holding by a divided 
     panel of the U.S. Court of Appeals for the District of 
     Columbia Circuit in McGahn, entered on August 31, 2020, was 
     in error.

     SEC. 403. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS.

       (a) In General.--Chapter 85 of title 28, United States 
     Code, is amended by inserting after section 1365 the 
     following:

     ``Sec. 1365a. Congressional actions against subpoena 
       recipients

       ``(a) Cause of Action.--The United States House of 
     Representatives, the United States Senate, or a committee or 
     subcommittee thereof, may bring a civil action against the 
     recipient of a subpoena issued by a congressional committee 
     or subcommittee to enforce compliance with the subpoena.
       ``(b) Special Rules.--In any civil action described in 
     subsection (a), the following rules shall apply:
       ``(1) The action may be filed in a United States district 
     court of competent jurisdiction.
       ``(2) Notwithstanding section 1657(a), it shall be the duty 
     of every court of the United States to expedite to the 
     greatest possible extent the disposition of any such action 
     and appeal. Upon a showing by the plaintiff of undue delay, 
     other irreparable harm, or good cause, a court to which an 
     appeal of the action may be taken shall issue any necessary 
     and appropriate writs and orders to ensure compliance with 
     this paragraph.
       ``(3) If a three-judge court is expressly requested by the 
     plaintiff in the initial pleading, the action shall be heard 
     by a three-judge court convened pursuant to section 2284, and 
     shall be reviewable only by appeal directly to the Supreme 
     Court of the United States. Such appeal shall be taken by the 
     filing of a notice of appeal within 10 days, and the filing 
     of a jurisdictional statement within 30 days, of the entry of 
     the final decision.
       ``(4) The initial pleading must be accompanied by 
     certification that the party bringing the action has in good 
     faith conferred or attempted to confer with the recipient of 
     the subpoena to secure compliance with the subpoena without 
     court action.
       ``(c) Penalties.--
       ``(1) Cases involving government agencies.--
       ``(A) In general.--The court may impose monetary penalties 
     directly against each head of a Government agency and the 
     head of each component thereof held to have knowingly failed 
     to comply with any part of a congressional subpoena, unless--
       ``(i) the President instructed the official not to comply; 
     and
       ``(ii) the President, or the head of the agency or 
     component thereof, submits to the court a letter confirming 
     such instruction and the basis for such instruction.
       ``(B) Prohibition on use of government funds.--No 
     appropriated funds, funds provided from any accounts in the 
     Treasury, funds derived from the collection of fees, or other 
     Government funds shall be used to pay any monetary penalty 
     imposed by the court pursuant to this paragraph.
       ``(2) Legal fees.--In addition to any other penalties or 
     sanctions, the court shall require that any defendant, other 
     than a Government agency, held to have willfully failed to 
     comply with any part of a congressional subpoena, pay a 
     penalty in an amount equal to that party's legal fees, 
     including attorney's fees, litigation expenses, and other 
     costs. If such defendant is an officer or employee of a 
     Government agency, such fees may be paid from funds 
     appropriated to pay the salary of the defendant.
       ``(d) Waiver.--Any ground for noncompliance asserted by the 
     recipient of a congressional subpoena shall be deemed to have 
     been waived as to any particular information withheld from 
     production if the court finds that the recipient failed in a 
     timely manner to comply with the applicable requirements of 
     section 105(b) of the Revised Statutes of the United States 
     with respect to such information.
       ``(e) Rules of Procedure.--The Supreme Court and the 
     Judicial Conference of the United States shall prescribe 
     rules of procedure to ensure the expeditious treatment of 
     actions described in subsection (a). Such rules shall be 
     prescribed and submitted to the Congress pursuant to sections 
     2072, 2073, and 2074. This shall include procedures for 
     expeditiously considering any assertion of constitutional or 
     Federal statutory privilege made in connection with testimony 
     by any recipient of a subpoena from a congressional committee 
     or subcommittee. The Supreme Court shall transmit such rules 
     to Congress within 6 months after the effective date of this 
     section and then pursuant to section 2074 thereafter.
       ``(f) Definition.--For purposes of this section, the term 
     `Government agency' means any office or entity described in 
     section 105 and 106 of title 3, an executive department 
     listed in section 101 of title 5, an independent 
     establishment, commission, board, bureau, division, or office 
     in the executive branch, or other agency or instrumentality 
     of the Federal Government, including wholly or partly owned 
     Government corporations.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     85 of title 28, United States Code, is amended by inserting 
     after the item relating to section 1365 the following:

``1365a. Congressional actions against subpoena recipients.''.

     SEC. 404. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.

       (a) In General.--Chapter 7 of title II of the Revised 
     Statutes of the United States (2 U.S.C. 191 et seq.) is 
     amended--
       (1) by adding at the end the following:

     ``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS.

       ``(a) Subpoena by Congressional Committee.--Any recipient 
     of any subpoena from

[[Page H7566]]

     a congressional committee or subcommittee shall appear and 
     testify, produce, or otherwise disclose information in a 
     manner consistent with the subpoena and this section.
       ``(b) Failure to Produce Information.--
       ``(1) Grounds for withholding information.--Unless required 
     by the Constitution or by Federal statute, no claim of 
     privilege or protection from disclosure shall be a ground for 
     withholding information responsive to the subpoena or 
     required by this section.
       ``(2) Identification of information withheld.--In the case 
     of information that is withheld, in whole or in part, by the 
     subpoena recipient, the subpoena recipient shall, without 
     delay provide a log containing the following:
       ``(A) An express assertion and description of the ground 
     asserted for withholding the information.
       ``(B) The type of information.
       ``(C) The general subject matter.
       ``(D) The date, author, and addressee.
       ``(E) The relationship of the author and addressee to each 
     other.
       ``(F) The custodian of the information.
       ``(G) Any other descriptive information that may be 
     produced or disclosed regarding the information that will 
     enable the congressional committee or subcommittee issuing 
     the subpoena to assess the ground asserted for withholding 
     the information.
       ``(c) Definition.--For purposes of this section the term 
     `information' includes any books, papers, documents, data, or 
     other objects requested in a subpoena issued by a 
     congressional committee or subcommittee.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     7 of title II of the Revised Statutes of the United States is 
     amended by adding at the end the following:

``105. Response to congressional subpoenas.''.

     SEC. 405. RULE OF CONSTRUCTION.

       Nothing in this title may be interpreted to limit or 
     constrain Congress' inherent authority or foreclose any other 
     means for enforcing compliance with congressional subpoenas, 
     nor may anything in this title be interpreted to establish or 
     recognize any ground for noncompliance with a congressional 
     subpoena.

         TITLE V--REASSERTING CONGRESSIONAL POWER OF THE PURSE

     SEC. 500. SHORT TITLE.

       This title may be cited as the ``Congressional Power of the 
     Purse Act''.

 Subtitle A--Strengthening Congressional Control and Review To Prevent 
                              Impoundment

     SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL.

       (a) In General.--The Impoundment Control Act of 1974 (2 
     U.S.C. 681 et seq.) is amended by adding at the end the 
     following:


``prudent obligation of budget authority and specific requirements for 
                       expiring budget authority

       ``Sec. 1018.  (a) Special Message Requirement.--With 
     respect to budget authority proposed to be rescinded or that 
     is set to be reserved or proposed to be deferred in a special 
     message transmitted under section 1012 or 1013, such budget 
     authority--
       ``(1) shall be made available for obligation in sufficient 
     time to be prudently obligated as required under section 
     1012(b) or 1013; and
       ``(2) may not be deferred or otherwise withheld from 
     obligation during the 90-day period before the expiration of 
     the period of availability of such budget authority, 
     including, if applicable, the 90-day period before the 
     expiration of an initial period of availability for which 
     such budget authority was provided.
       ``(b) Administrative Requirement.--With respect to an 
     apportionment of an appropriation (as that term is defined in 
     section 1511 of title 31, United States Code) made pursuant 
     to section 1512 of such title, an appropriation shall be 
     apportioned--
       ``(1) to make available all amounts for obligation in 
     sufficient time to be prudently obligated; and
       ``(2) to make available all amounts for obligation, without 
     precondition (including footnotes) that shall be met prior to 
     obligation, not later than 90 days before the expiration of 
     the period of availability of such appropriation, including, 
     if applicable, 90 days before the expiration of an initial 
     period of availability for which such appropriation was 
     provided.''.
       (b) Clerical Amendment.--The table of contents of the 
     Congressional Budget and Impoundment Control Act of 1974 set 
     forth in section 1(b) of such Act is amended by adding after 
     the item relating to section 1017 the following:

``1018. Prudent obligation of budget authority and specific 
              requirements for expiring budget authority.''.

     SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW.

       (a) In General.--The Impoundment Control Act of 1974 (2 
     U.S.C. 681 et seq.), as amended by section 501(a), is further 
     amended by adding at the end the following:


                              ``reporting

       ``Sec. 1019.  (a) Apportionment of Appropriations.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Office of Management and 
     Budget shall complete implementation of an automated system 
     to post each document apportioning an appropriation, pursuant 
     to section 1513(b) of title 31, United States Code, including 
     any associated footnotes, in a format that qualifies each 
     such document as an Open Government Data Asset (as defined in 
     section 3502 of title 44, United States Code), not later than 
     2 business days after the date of approval of such 
     apportionment, and shall place on such website each document 
     apportioning an appropriation, pursuant to such section 
     1513(b), including any associated footnotes, already approved 
     for the fiscal year, and shall report the date of completion 
     of such requirements to the Committees on the Budget and 
     Appropriations of the House of Representatives and Senate.
       ``(2) Explanatory statement.--Each document apportioning an 
     appropriation posted on a publicly accessible website under 
     paragraph (1) shall also include a written explanation by the 
     official approving each such apportionment (pursuant to 
     section 1513(b) of title 31, United States Code) of the 
     rationale for the apportionment schedule and for any 
     footnotes for apportioned amounts.
       ``(3) Special process for transmitting classified 
     documentation to the congress.--The Office of Management and 
     Budget or the applicable department or agency shall make 
     available classified documentation referenced in any 
     apportionment at the request of the chair or ranking member 
     of any appropriate congressional committee or subcommittee.
       ``(4) Department and agency report.--Each department or 
     agency shall notify the Committees on the Budget and 
     Appropriations of the House of Representatives and the Senate 
     and any other appropriate congressional committees if--
       ``(A) an apportionment is not made in the required time 
     period provided in section 1513(b) of title 31, United States 
     Code;
       ``(B) an approved apportionment received by the department 
     or agency conditions the availability of an appropriation on 
     further action; or
       ``(C) an approved apportionment received by the department 
     or agency may hinder the prudent obligation of such 
     appropriation or the execution of a program, project, or 
     activity by such department or agency;
     and such notification shall contain information identifying 
     the bureau, account name, appropriation name, and Treasury 
     Appropriation Fund Symbol or fund account.
       ``(b) Approving Officials.--
       ``(1) Delegation of authority.--Not later than 15 days 
     after the date of enactment of this section, any delegation 
     of apportionment authority pursuant to section 1513(b) of 
     title 31, United States Code that is in effect as of such 
     date shall be submitted for publication in the Federal 
     Register. Any delegation of such apportionment authority 
     after the date of enactment of this section shall, on the 
     date of such delegation, be submitted for publication in the 
     Federal Register. The Office of Management and Budget shall 
     publish such delegations in a format that qualifies such 
     publications as an Open Government Data Asset (as defined in 
     section 3502 of title 44, United States Code) on a public 
     internet website, which shall be continuously updated with 
     the position of each Federal officer or employee to whom 
     apportionment authority has been delegated.
       ``(2) Report to congress.--Not later than 5 days after any 
     change in the position of the approving official with respect 
     to such delegated apportionment authority for any account is 
     made, the Office shall submit a report to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committees on the Budget of the House of 
     Representatives and the Senate, and any other appropriate 
     congressional committee explaining why such change was 
     made.''.
       (b) Clerical Amendment.--The table of contents of the 
     Congressional Budget and Impoundment Control Act of 1974 set 
     forth in section 1(b) of such Act, as amended by section 
     501(b), is further amended by adding after the item relating 
     to section 1018 the following:

``1019. Reporting.''.

     SEC. 503. UPDATED AUTHORITIES FOR AND REPORTING BY THE 
                   COMPTROLLER GENERAL.

       (a) Section 1015 of the Impoundment Control Act of 1974 (2 
     U.S.C. 686) is amended--
       (1) in subsection (a), in the matter following paragraph 
     (2), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(c) Review.--
       ``(1) In general.--The Comptroller General shall review 
     compliance with this part and shall submit to the Committees 
     on the Budget, Appropriations, and Oversight and Reform of 
     the House of Representatives, the Committees on the Budget, 
     Appropriations, and Homeland Security and Governmental 
     Affairs of the Senate, and any other appropriate 
     congressional committee of the House of Representatives and 
     Senate a report, and any relevant information related to the 
     report, on any noncompliance with this part.
       ``(2) Information, documentation, and views.--The President 
     or the head of the relevant department or agency of the 
     United States shall provide information, documentation, and 
     views to the Comptroller General, as is determined by the 
     Comptroller General to be necessary to determine such 
     compliance, not later than 20 days after the date on which 
     the request from the Comptroller General is received, or if 
     the Comptroller General determines that a shorter or longer 
     period is appropriate based on the specific circumstances, 
     within such shorter or longer period.
       ``(3) Access.--To carry out the responsibilities of this 
     part, the Comptroller General shall also have access to 
     interview the officers, employees, contractors, and other

[[Page H7567]]

     agents and representatives of a department, agency, or office 
     of the United States at any reasonable time as the 
     Comptroller General may request.''.
       (b) Section 1001 of the Impoundment Control Act of 1974 (2 
     U.S.C. 681) is amended--
       (1) in paragraph (3), by striking the ``or'' at the end of 
     the paragraph;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) affecting or limiting in any way the authorities 
     provided to the Comptroller General under chapter 7 of title 
     31, United States Code.''.

     SEC. 504. ADVANCE CONGRESSIONAL NOTIFICATION AND LITIGATION.

       Section 1016 of the Impoundment Control Act of 1974 (2 
     U.S.C. 687) is amended to read as follows:


                     ``suits by comptroller general

       ``Sec. 1016.  If, under this chapter, budget authority is 
     required to be made available for obligation and such budget 
     authority is not made available for obligation or 
     information, documentation, views, or access are required to 
     be produced and such information, documentation, views, or 
     access are not produced, the Comptroller General is expressly 
     empowered, through attorneys of the Comptroller General's own 
     selection, to bring a civil action in the United States 
     District Court for the District of Columbia to require such 
     budget authority to be made available for obligation or such 
     information, documentation, views, or access to be produced, 
     and such court is expressly empowered to enter in such civil 
     action, against any department, agency, officer, or employee 
     of the United States, any decree, judgment, or order which 
     may be necessary or appropriate to make such budget authority 
     available for obligation or compel production of such 
     information, documentation, views, or access. No civil action 
     shall be brought by the Comptroller General to require budget 
     authority be made available under this section until the 
     expiration of 15 calendar days following the date on which an 
     explanatory statement by the Comptroller General of the 
     circumstances giving rise to the action contemplated is filed 
     with the Speaker of the House of Representatives and the 
     President of the Senate, except that expiration of such 
     period shall not be required if the Comptroller General finds 
     (and incorporates the finding in the explanatory statement 
     filed) that the delay would be contrary to the public 
     interest.''.

     SEC. 505. PENALTIES FOR FAILURE TO COMPLY WITH THE 
                   IMPOUNDMENT CONTROL ACT OF 1974.

       (a) In General.--The Impoundment Control Act of 1974 (2 
     U.S.C. 681 et seq.), as amended by section 502(a), is further 
     amended by adding at the end the following:


                   ``penalties for failure to comply

       ``Sec. 1020.  (a) Administrative Discipline.--An officer or 
     employee of the Executive Branch of the United States 
     Government violating this part shall be subject to 
     appropriate administrative discipline including, when 
     circumstances warrant, suspension from duty without pay or 
     removal from office.
       ``(b) Reporting Violations.--
       ``(1) In general.--In the event of a violation of section 
     1001, 1012, 1013, or 1018 of this part, or in the case that 
     the Comptroller General issues a legal decision concluding 
     that a department, agency, or office of the United States 
     violated this part, the President or the head of the relevant 
     department or agency as the case may be, shall report 
     immediately to Congress all relevant facts and a statement of 
     actions taken. A copy of each report shall also be 
     transmitted to the Comptroller General and the relevant 
     inspector general on the same date the report is transmitted 
     to the Congress.
       ``(2) Contents.--Any such report shall include a summary of 
     the facts pertaining to the violation, the title and Treasury 
     Appropriation Fund Symbol of the appropriation or fund 
     account, the amount involved for each violation, the date on 
     which the violation occurred, the position of any individuals 
     responsible for the violation, a statement of the 
     administrative discipline imposed and any further action 
     taken with respect to any officer or employee involved in the 
     violation, a statement of any additional action taken to 
     prevent recurrence of the same type of violation, and any 
     written response by any officer or employee identified by 
     position as involved in the violation. In the case that the 
     Comptroller General issues a legal decision concluding that a 
     department, agency, or office of the United States violated 
     this part and the relevant department, agency, or office does 
     not agree that a violation has occurred, the report provided 
     to Congress, the Comptroller General, and relevant inspector 
     general will explain its position.''.
       (b) Clerical Amendment.--The table of contents of the 
     Congressional Budget and Impoundment Control Act of 1974 set 
     forth in section 1(b) of such Act, as amended by section 
     502(b), is further amended by adding after the item relating 
     to section 1019 the following:

``1020. Penalties for failure to comply.''.

          Subtitle B--Strengthening Transparency and Reporting

         PART 1--FUNDS MANAGEMENT AND REPORTING TO THE CONGRESS

     SEC. 511. EXPIRED BALANCE REPORTING IN THE PRESIDENT'S 
                   BUDGET.

       Section 1105(a) of title 31, United States Code, is amended 
     by adding at the end the following:
       ``(40) for the budgets for each of fiscal years 2023 
     through 2027, a report on--
       ``(A) unobligated expired balances as of the beginning of 
     the current fiscal year and the beginning of each of the 
     preceding 2 fiscal years by agency and the applicable 
     Treasury Appropriation Fund Symbol or fund account; and
       ``(B) an explanation of unobligated expired balances in any 
     Treasury Appropriation Fund Symbol or fund account that 
     exceed the lesser of 5 percent of total appropriations made 
     available for that account or $100,000,000.''.

     SEC. 512. CANCELLED BALANCE REPORTING IN THE PRESIDENT'S 
                   BUDGET.

       Section 1105(a) of title 31, United States Code, as amended 
     by section 511, is further amended by adding at the end the 
     following:
       ``(41) for the budgets for each of fiscal years 2023 
     through 2027, a report on--
       ``(A) cancelled balances (pursuant to section 1552(a)) for 
     the preceding 3 fiscal years by agency and Treasury 
     Appropriation Fund Symbol or fund account;
       ``(B) an explanation of cancelled balances in any Treasury 
     Appropriation Fund Symbol or fund account that exceed the 
     lesser of 5 percent of total appropriations made available 
     for that account or $100,000,000; and
       ``(C) a tabulation, by Treasury Appropriation Fund Symbol 
     or fund account and appropriation, of all balances of 
     appropriations available for an indefinite period in an 
     appropriation account available for an indefinite period that 
     do not meet the criteria for closure under section 1555, but 
     for which either--
       ``(i) the head of the agency concerned or the President has 
     determined that the purposes for which the appropriation was 
     made have been carried out; or
       ``(ii) no disbursement has been made against the 
     appropriation--

       ``(I) in the prior year and the preceding fiscal year; or
       ``(II) in the prior year and which the budget estimates 
     zero disbursements in the current year.''.

     SEC. 513. LAPSE IN APPROPRIATIONS--REPORTING IN THE 
                   PRESIDENT'S BUDGET.

       Section 1105(a) of title 31, United States Code, as amended 
     by section 512, is further amended by adding at the end the 
     following:
       ``(42) a report on--
       ``(A) any obligation or expenditure made by a department or 
     agency affected in whole or in part by any lapse in 
     appropriations of 5 consecutive days or more during the 
     preceding fiscal year for which amounts were not available; 
     and
       ``(B) with respect to any such obligation or expenditure--
       ``(i) the amount so obligated or expended;
       ``(ii) the account affected;
       ``(iii) an explanation of the Antideficiency Act exception 
     or other legal authority that permitted the department or 
     agency, as the case may be, to incur such obligation or 
     expenditure; and
       ``(iv) an explanation of any change in the application of 
     any Antideficiency Act exception for a program, project, or 
     activity from any explanations previously reported on 
     pursuant to this paragraph.''.

     SEC. 514. TRANSFER AND OTHER REPURPOSING AUTHORITY REPORTING 
                   IN THE PRESIDENT'S BUDGET.

       Section 1105(a) of title 31, United States Code, as amended 
     by section 513, is further amended by adding at the end the 
     following:
       ``(43) for the budget for fiscal year 2023, a report on--
       ``(A) any transfer authority or other authority to 
     repurpose appropriations provided in a law other than an 
     appropriation act; and
       ``(B) with respect to any such authority, the citation to 
     the statute, the list of departments or agencies covered, an 
     explanation of when such authority may be used, and an 
     explanation on any use of such authority in the preceding 3 
     fiscal years.''.

     SEC. 515. AUTHORIZING CANCELLATIONS IN INDEFINITE ACCOUNTS BY 
                   APPROPRIATION.

       (a) In General.--Subchapter IV of chapter 15 of title 31, 
     United States Code, is amended by inserting after section 
     1555 the following:

     ``SEC. 1555A. CANCELLATION OF APPROPRIATIONS AVAILABLE FOR 
                   INDEFINITE PERIODS WITHIN AN ACCOUNT.

       ``Any remaining balance (whether obligated or unobligated) 
     from an appropriation available for an indefinite period in 
     an appropriation account available for an indefinite period 
     that does not meet the requirements for closure under section 
     1555 shall be canceled, and thereafter shall not be available 
     for obligation or expenditure for any purpose, if--
       ``(1) the head of the agency concerned or the President 
     determines that the purposes for which the appropriation was 
     made have been carried out; and
       ``(2) no disbursement has been made against the 
     appropriation for two consecutive fiscal years.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter IV of chapter 15 of title 31, United States Code, 
     is amended by inserting after the item relating to section 
     1555 the following:

``1555a. Cancellation of appropriations available for indefinite 
              periods within an account.''.

[[Page H7568]]

  


      PART 2--EMPOWERING CONGRESSIONAL REVIEW THROUGH NONPARTISAN 
          CONGRESSIONAL AGENCIES AND TRANSPARENCY INITIATIVES

     SEC. 521. REQUIREMENT TO RESPOND TO REQUESTS FOR INFORMATION 
                   FROM THE COMPTROLLER GENERAL FOR BUDGET AND 
                   APPROPRIATIONS LAW DECISIONS.

       (a) In General.--Subchapter II of chapter 7 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``SEC. 722. REQUIREMENT TO RESPOND TO REQUESTS FOR 
                   INFORMATION FROM THE COMPTROLLER GENERAL FOR 
                   BUDGET AND APPROPRIATIONS LAW DECISIONS.

       ``(a) If an agency receives a written request for 
     information, documentation, or views from the Comptroller 
     General relating to a decision or opinion on budget or 
     appropriations law, the agency shall provide the requested 
     information, documentation, or views not later than 20 days 
     after receiving the written request, unless such written 
     request specifically provides otherwise.
       ``(b) If an agency fails to provide the requested 
     information, documentation, or views within the time required 
     by this section--
       ``(1) the Comptroller General shall notify, in writing, the 
     Committee on Oversight and Reform of the House of 
     Representatives, Committee on Homeland Security and 
     Governmental Affairs of the Senate, and any other appropriate 
     congressional committee of such failure; and
       ``(2) the Comptroller General is hereby expressly 
     empowered, through attorneys of the Comptroller General's own 
     selection, to bring a civil action in the United States 
     District Court for the District of Columbia to require such 
     information, documentation, or views to be produced, and such 
     court is expressly empowered to enter in such civil action, 
     against any department, agency, officer, or employee of the 
     United States, any decree, judgment, or order which may be 
     necessary or appropriate to require such production.
       ``(c) Nothing in this section shall be construed as 
     affecting or otherwise limiting the authorities provided to 
     the Comptroller General in section 716 of this title.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter II of chapter 7 of title 31, United States Code, 
     is amended by inserting after the item relating to section 
     721 the following:

``722. Requirement to respond to requests for information from the 
              Comptroller General for budget and appropriations law 
              decisions.''.

     SEC. 522. REPORTING REQUIREMENTS FOR ANTIDEFICIENCY ACT 
                   VIOLATIONS.

       (a) Violations of Section 1341 or 1342.--Section 1351 of 
     title 31, United States Code, is amended--
       (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'';
       (3) by striking ``the Comptroller General'' and inserting 
     ``the Comptroller General and the Attorney General''; and
       (4) by adding at the end the following:
       ``(b) Any such report shall include a statement of the 
     provision violated, a summary of the facts pertaining to the 
     violation, the title and Treasury Appropriation Fund Symbol 
     of the appropriation or fund account, the amount involved for 
     each violation, the date on which the violation occurred, the 
     position of any officer or employee responsible for the 
     violation, a statement of the administrative discipline 
     imposed and any further action taken with respect to any 
     officer or employee involved in the violation, a statement of 
     any additional action taken to prevent recurrence of the same 
     type of violation, a statement of any determination that the 
     violation was not knowing and willful that has been made by 
     the entity filing the report, and any written response by any 
     officer or employee identified by position as involved in the 
     violation. In the case that the Comptroller General issues a 
     legal decision concluding that section 1341(a) or 1342 was 
     violated and the entity filing the report, does not agree 
     that a violation has occurred, the report provided to the 
     President, the Congress, and the Comptroller General will 
     explain its position.''.
       (b) Violations of Section 1517.--Section 1517 of title 31, 
     United States Code, is amended--
       (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'';
       (2) by striking ``the Comptroller General'' and inserting 
     ``the Comptroller General and the Attorney General''; and
       (3) by adding at the end the following:
       ``(c) Any such report shall include a statement of the 
     provision violated, a summary of the facts pertaining to the 
     violation, the title and Treasury Appropriation Fund Symbol 
     of the appropriation or fund account, the amount involved for 
     each violation, the date on which the violation occurred, the 
     position of any officer or employee responsible for the 
     violation, a statement of the administrative discipline 
     imposed and any further action taken with respect to any 
     officer or employee involved in the violation, a statement of 
     any additional action taken to prevent recurrence of the same 
     type of violation, a statement of any determination that the 
     violation was not knowing and willful that has been made by 
     the entity filing the report, and any written response by any 
     officer or employee identified by position as involved in the 
     violation. In the case that the Comptroller General issues a 
     legal decision concluding that subsection (a) was violated 
     and the entity filing the report does not agree that a 
     violation has occurred, the report provided to the President, 
     the Congress, and the Comptroller General will explain its 
     position.''.

     SEC. 523. DEPARTMENT OF JUSTICE REPORTING TO CONGRESS FOR 
                   ANTIDEFICIENCY ACT VIOLATIONS.

       (a) Violations of Sections 1341 or 1342.--Section 1350 of 
     title 31, United States Code, is amended--
       (1) by striking ``An officer'' and inserting ``(a) An 
     officer''; and
       (2) by adding at the end the following:
       ``(b)(1) If a report is made under section 1351 of a 
     violation of section 1341(a) or 1342, the Attorney General 
     shall promptly review such report and investigate to the 
     extent necessary to determine whether there are reasonable 
     grounds to believe that the responsible officer or employee 
     knowingly and willfully violated such section 1341(a) or 
     1342, as applicable. If the Attorney General determines that 
     there are such reasonable grounds, the Attorney General 
     diligently shall investigate a criminal violation under this 
     section.
       ``(2) The Attorney General shall submit to Congress and the 
     Comptroller General on or before March 31 of each calendar 
     year an annual report detailing separately for each reporting 
     entity--
       ``(A) the number of reports under section 1351 transmitted 
     to the President during the preceding calendar year;
       ``(B) the number of reports reviewed in accordance with 
     paragraph (1) during the preceding calendar year;
       ``(C) without identification of any individual officer or 
     employee, a description of each investigation undertaken in 
     accordance with paragraph (1) during the preceding calendar 
     year and an explanation of the status of any such 
     investigation; and
       ``(D) without identification of any individual officer or 
     employee, an explanation of any update to the status of any 
     review or investigation previously reported pursuant to this 
     subsection.''.
       (b) Violations of Section 1517.--Section 1519 of title 31, 
     United States Code, is amended--
       (1) by striking ``An officer'' and inserting ``(a) An 
     officer''; and
       (2) by adding at the end the following:
       ``(b)(1) If a report is made under section 1517(b) of a 
     violation of section 1517(a), the Attorney General shall 
     promptly review such report and investigate to the extent 
     necessary to determine whether there are reasonable grounds 
     to believe that the responsible officer or employee knowingly 
     and willfully violated such section 1517(a). If the Attorney 
     General determines that there are such reasonable grounds, 
     the Attorney General diligently shall investigate a criminal 
     violation under this section.
       ``(2) The Attorney General shall submit to Congress and the 
     Comptroller General on or before March 31 of each calendar 
     year an annual report detailing separately for each reporting 
     entity--
       ``(A) the number of reports under section 1517(b) 
     transmitted to the President during the preceding calendar 
     year;
       ``(B) the number of reports reviewed in accordance with 
     paragraph (1) during the preceding calendar year;
       ``(C) without identification of any individual officer or 
     employee, a description of each investigation undertaken in 
     accordance with paragraph (1) during the preceding calendar 
     year and an explanation of the status of any such 
     investigation; and
       ``(D) without identification of any individual officer or 
     employee, an explanation of any update to the status of any 
     review or investigation previously reported pursuant to this 
     subsection.''.

     SEC. 524. PUBLICATION OF BUDGET OR APPROPRIATIONS LAW 
                   OPINIONS OF THE DEPARTMENT OF JUSTICE OFFICE OF 
                   LEGAL COUNSEL.

       (a) Schedule of Publication for Final OLC Opinions.--Each 
     final opinion issued by the Office of Legal Counsel of the 
     Department of Justice (final OLC opinion) shall be made 
     available on its public website in a manner that is 
     searchable, sortable, and downloadable in its entirety as 
     soon as is practicable, but--
       (1) not later than 30 days after the opinion is issued or 
     updated if such action takes place on or after the date of 
     enactment of this Act;
       (2) not later than 1 year after the date of enactment of 
     this Act for an opinion issued on or after January 20, 1993;
       (3) not later than 2 years after the date of enactment of 
     this Act for an opinion issued on or after January 20, 1981, 
     and before or on January 19, 1993;
       (4) not later than 3 years after the date of enactment of 
     this Act for an opinion issued on or after January 20, 1969, 
     and before or on January 19, 1981; and
       (5) not later than 4 years after the date of enactment of 
     this Act for all other opinions.
       (b) Exceptions and Limitation on Public Availability of 
     Final OLC Opinions.--
       (1) In general.--A final OLC opinion or part thereof may be 
     withheld only to the extent--
       (A) information contained in the opinion was--
       (i) specifically authorized to be kept secret, under 
     criteria established by an Executive order, in the interest 
     of national defense or foreign policy;

[[Page H7569]]

       (ii) properly classified, including all procedural and 
     marking requirements, pursuant to such Executive order;
       (iii) the Attorney General determines that the national 
     defense or foreign policy interests protected outweigh the 
     public's interest in access to the information; and
       (iv) put through declassification review within the past 
     two years;
       (B) information contained in the opinion relates to the 
     appointment of a specific individual not confirmed to Federal 
     office;
       (C) information contained in the opinion is specifically 
     exempted from disclosure by statute (other than sections 552 
     and 552b of title 5, United States Code), if such statute--
       (i) requires that the material be withheld in such a manner 
     as to leave no discretion on the issue; or
       (ii) establishes particular criteria for withholding or 
     refers to particular types of material to be withheld;
       (D) information in the opinion includes trade secrets and 
     commercial or financial information obtained from a person 
     and privileged or confidential whose disclosure would likely 
     cause substantial harm to the competitive position of the 
     person from whom the information was obtained;
       (E) the President, in his or her sole and nondelegable 
     determination, formally and personally claims in writing that 
     executive privilege prevents the release of the information 
     and disclosure would cause specific identifiable harm to an 
     interest protected by an exception or the disclosure is 
     prohibited by law; or
       (F) information in the opinion includes personnel and 
     medical files and similar files the disclosure of which would 
     constitute a clearly unwarranted invasion of personal 
     privacy.
       (2) Determination to withhold.--Any determination under 
     this subsection to withhold information contained in a final 
     OLC opinion shall be made by the Attorney General or a 
     designee of the Attorney General. The determination shall 
     be--
       (A) in writing;
       (B) made available to the public within the same timeframe 
     as is required of a formal OLC opinion;
       (C) sufficiently detailed as to inform the public of what 
     kind of information is being withheld and the reason 
     therefore; and
       (D) effective only for a period of 3 years, subject to 
     review and reissuance, with each reissuance made available to 
     the public.
       (3) Final opinions.--For final OLC opinions for which the 
     text is withheld in full or in substantial part, a detailed 
     unclassified summary of the opinion shall be made available 
     to the public, in the same timeframe as required of the final 
     OLC opinion, that conveys the essence of the opinion, 
     including any interpretations of a statute, the Constitution, 
     or other legal authority. A notation shall be included in any 
     published list of final OLC opinions regarding the extent of 
     the withholdings.
       (4) No limitation on freedom of information.--Nothing in 
     this subsection shall be construed as limiting the 
     availability of information under section 552 of title 5, 
     United States Code or construed as an exemption under 
     paragraph (3) of subsection (b) of such section.
       (5) No limitation on relief.--A decision by the Attorney 
     General to release or withhold information pursuant to this 
     title shall not preclude any action or relief conferred by 
     statutory or regulatory regime that empowers any person to 
     request or demand the release of information.
       (6) Reasonably segregable portions of opinions to be 
     published.--Any reasonably segregable portion of an opinion 
     shall be provided after withholding of the portions which are 
     exempt under this section. The amount of information 
     withheld, and the exemption under which the withholding is 
     made, shall be indicated on the released portion of the 
     opinion, unless including that indication would harm an 
     interest protected by the exemption in this paragraph under 
     which the withholding is made. If technically feasible, the 
     amount of the information withheld, and the exemption under 
     which the withholding is made, shall be indicated at the 
     place in the opinion where such withholding is made.
       (c) Method of Publication.--The Attorney General shall 
     publish each final OLC opinion to the extent the law permits, 
     including by publishing the opinions on a publicly accessible 
     website that--
       (1) with respect to each opinion--
       (A) contains an electronic copy of the opinion, including 
     any transmittal letter associated with the opinion, in an 
     open format that is platform independent and that is 
     available to the public without restrictions;
       (B) provides the public the ability to retrieve an opinion, 
     to the extent practicable, through searches based on--
       (i) the title of the opinion;
       (ii) the date of publication or revision; or
       (iii) the full text of the opinion;
       (C) identifies the time and date when the opinion was 
     required to be published, and when the opinion was 
     transmitted for publication; and
       (D) provides a permanent means of accessing the opinion 
     electronically;
       (2) includes a means for bulk download of all final OLC 
     opinions or a selection of opinions retrieved using a text-
     based search;
       (3) provides free access to the opinions, and does not 
     charge a fee, require registration, or impose any other 
     limitation in exchange for access to the website; and
       (4) is capable of being upgraded as necessary to carry out 
     the purposes of this section.
       (d) Definitions.--In this section:
       (1) OLC opinion.--The term ``OLC opinion'' means views on a 
     matter of legal interpretation communicated by the Office of 
     Legal Counsel of the Department of Justice to any other 
     office or agency, or person in an office or agency, in the 
     Executive Branch, including any office in the Department of 
     Justice, the White House, or the Executive Office of the 
     President, and rendered in accordance with sections 511-513 
     of title 28, United States Code, and relating to--
       (A) subtitles II, III, V, or VI of title 31, United States 
     Code;
       (B) the Balanced Budget and Emergency Deficit Control Act 
     of 1985;
       (C) the Congressional Budget and Impoundment Control Act of 
     1974; or
       (D) any appropriations Act, continuing resolution, or other 
     provision of law providing or governing appropriations or 
     budget authority.
       (2) Final olc opinion.--The term ``final OLC opinion'' 
     means an OLC opinion that--
       (A) the Attorney General, Assistant Attorney General for 
     the Office of Legal Counsel, or a Deputy Assistant Attorney 
     General for the Office of Legal Counsel, has determined is 
     final; or
       (B) is cited in another Office of Legal Counsel opinion.

   Subtitle C--Strengthening Congressional Role in and Oversight of 
                Emergency Declarations and Designations

     SEC. 531. IMPROVING CHECKS AND BALANCES ON THE USE OF THE 
                   NATIONAL EMERGENCIES ACT.

       (a) Requirements Relating to Declaration and Renewal of 
     National Emergencies.--Title II of the National Emergencies 
     Act (50 U.S.C. 1621 et seq.) is amended by striking sections 
     201 and 202 and inserting the following:

     ``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.

       ``(a) Authority To Declare National Emergencies.--With 
     respect to Acts of Congress authorizing the exercise, during 
     the period of a national emergency, of any special or 
     extraordinary power, the President is authorized to declare 
     such a national emergency by proclamation. Such proclamation 
     shall immediately be transmitted to Congress and published in 
     the Federal Register.
       ``(b) Specification of Provisions of Law To Be Exercised 
     and Reporting.--No powers or authorities made available by 
     statute for use during the period of a national emergency 
     shall be exercised unless and until the President specifies 
     the provisions of law under which the President proposes that 
     the President or other officers will act in--
       ``(1) a proclamation declaring a national emergency under 
     subsection (a); or
       ``(2) one or more Executive orders relating to the 
     emergency published in the Federal Register and transmitted 
     to Congress.
       ``(c) Prohibition on Subsequent Actions if Emergencies Not 
     Approved.--
       ``(1) Subsequent declarations.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     national emergency before the expiration of the period 
     described in section 202(a), or with respect to a national 
     emergency proposed to be renewed under section 202(b), the 
     President may not, during the remainder of the term of office 
     of that President, declare a subsequent national emergency 
     under subsection (a) with respect to the same circumstances.
       ``(2) Exercise of authorities.--If a joint resolution of 
     approval is not enacted under section 203 with respect to a 
     power or authority specified by the President under 
     subsection (b) with respect to a national emergency, the 
     President may not, during the remainder of the term of office 
     of that President, exercise that power or authority with 
     respect to that emergency.
       ``(d) Effect of Future Laws.--No law enacted after the date 
     of the enactment of the Congressional Power of the Purse Act 
     shall supersede this title unless it does so in specific 
     terms, referring to this title, and declaring that the new 
     law supersedes the provisions of this title.

     ``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.

       ``(a) Temporary Effective Periods.--
       ``(1) In general.--Unless previously terminated pursuant to 
     Presidential order or Act of Congress, a declaration of a 
     national emergency shall remain in effect for 20 session 
     days, in the case of the Senate, and 20 legislative days, in 
     the case of the House, from the issuance of the proclamation 
     under section 201(a) (not counting the day on which the 
     proclamation was issued) and shall terminate when that period 
     expires unless there is enacted into law a joint resolution 
     of approval under section 203 with respect to the 
     proclamation.
       ``(2) Exercise of powers and authorities.--Unless the 
     declaration of national emergency has been terminated 
     pursuant to Presidential order or Act of Congress, any 
     emergency power or authority made available under a provision 
     of law specified pursuant to section 201(b) may be exercised 
     pursuant to a declaration of a national emergency for 20 
     session days, in the case of the Senate, and 20 legislative 
     days, in the case of the House, from the issuance of the 
     proclamation or Executive order (not counting the day on 
     which such proclamation or Executive order was issued). That 
     power or authority may not be exercised after that period 
     expires unless there is enacted into law a joint resolution 
     of approval under section 203 approving--
       ``(A) the proclamation of the national emergency or the 
     Executive order; and

[[Page H7570]]

       ``(B) the exercise of the power or authority specified by 
     the President in such proclamation or Executive order.
       ``(b) Renewal of National Emergencies.--A national 
     emergency declared by the President under section 201(a) or 
     previously renewed under this subsection, and not already 
     terminated pursuant to subsection (a) or (c), shall terminate 
     on the date that is one year after the President transmitted 
     to Congress the proclamation declaring the emergency or the 
     enactment of a previous renewal pursuant to this subsection, 
     unless--
       ``(1) the President publishes in the Federal Register and 
     transmits to Congress an Executive order renewing the 
     emergency; and
       ``(2) there is enacted into law a joint resolution of 
     approval renewing the emergency pursuant to section 203 
     before the termination of the emergency or previous renewal 
     of the emergency.
       ``(c) Termination of National Emergencies.--
       ``(1) In general.--Any national emergency declared by the 
     President under section 201(a) shall terminate on the 
     earliest of--
       ``(A) the date provided for in subsection (a);
       ``(B) the date provided for in subsection (b);
       ``(C) the date specified in an Act of Congress terminating 
     the emergency; or
       ``(D) the date specified in a proclamation of the President 
     terminating the emergency.
       ``(2) Effect of termination.--Effective on the date of the 
     termination of a national emergency under paragraph (1)--
       ``(A) any powers or authorities exercised by reason of the 
     emergency shall cease to be exercised;
       ``(B) any amounts reprogrammed, repurposed, or transferred 
     under any provision of law with respect to the emergency that 
     remain unobligated on that date shall be returned and made 
     available for the purpose for which such amounts were 
     appropriated; and
       ``(C) any contracts entered into under any provision of law 
     relating to the emergency shall be terminated.

     ``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.

       ``(a) Joint Resolution of Approval Defined.--In this 
     section, the term `joint resolution of approval' means a 
     joint resolution that does not have a preamble and that 
     contains only the following provisions after its resolving 
     clause:
       ``(1) A provision approving one or more--
       ``(A) proclamations of national emergency made under 
     section 201(a);
       ``(B) Executive orders issued under section 201(b)(2); or
       ``(C) Executive orders issued under section 202(b).
       ``(2) A provision approving a list of all or a portion of 
     the provisions of law specified by the President under 
     section 201(b) in the proclamations or Executive orders that 
     are the subject of the joint resolution.
       ``(b) Procedures for Consideration of Joint Resolutions of 
     Approval.--
       ``(1) Introduction.--After the President transmits to 
     Congress a proclamation declaring a national emergency under 
     section 201(a), or an Executive order specifying emergency 
     powers or authorities under section 201(b)(2) or renewing a 
     national emergency under section 202(b), a joint resolution 
     of approval may be introduced in either House of Congress by 
     any member of that House.
       ``(2) Committee referral in the senate.--In the Senate, a 
     joint resolution of approval shall be referred to the 
     appropriate committee.
       ``(3) Consideration in senate.--In the Senate, the 
     following shall apply:
       ``(A) Committee referral.--A joint resolution of approval 
     shall be referred to the appropriate committee or committees.
       ``(B) Reporting and discharge.--If the committee to which a 
     joint resolution of approval has been referred has not 
     reported it at the end of 10 calendar days after its 
     introduction, that committee shall be discharged from further 
     consideration of the resolution and it shall be placed on the 
     calendar.
       ``(C) Proceeding to consideration.--Notwithstanding Rule 
     XXII of the Standing Rules of the Senate, when a committee to 
     which a joint resolution of approval is referred has reported 
     the resolution, or when that committee is discharged under 
     subparagraph (B) from further consideration of the 
     resolution, it is at any time thereafter in order to move to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against the 
     motion to proceed to the consideration of the joint 
     resolution) are waived. The motion to proceed shall be 
     debatable for 4 hours evenly divided between proponents and 
     opponents of the joint resolution of approval. The motion is 
     not subject to amendment, or to a motion to postpone, or to a 
     motion to proceed to the consideration of other business. A 
     motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order. If a motion to 
     proceed to the consideration of a joint resolution of 
     approval is agreed to, the joint resolution shall remain the 
     unfinished business of the Senate until disposed of.
       ``(D) Floor consideration.--There shall be 10 hours of 
     consideration on a joint resolution of approval, to be 
     divided evenly between the proponents and opponents of the 
     joint resolution. Of that 10 hours, there shall be a total of 
     2 hours of debate on any debatable motions in connection with 
     the joint resolution, to be divided evenly between the 
     proponents and opponents of the joint resolution.
       ``(E) Amendments.--No amendments shall be in order with 
     respect to a joint resolution of approval in the Senate.
       ``(F) Motion to reconsider vote on passage.--A motion to 
     reconsider a vote on passage of a joint resolution of 
     approval shall not be in order.
       ``(G) Appeals.--Points of order and appeals from the 
     decision of the Presiding Officer shall be decided without 
     debate.
       ``(4) Consideration in house of representatives.--In the 
     House of Representatives, the following shall apply:
       ``(A) Reporting and discharge.--If any committee to which a 
     joint resolution of approval has been referred has not 
     reported it to the House within seven legislative days after 
     the date of referral such committee shall be discharged from 
     further consideration of the joint resolution.
       ``(B)(i) Proceeding to consideration.--Beginning on the 
     third legislative day after each committee to which a joint 
     resolution of approval has been referred reports it to the 
     House or has been discharged from further consideration 
     thereof, it shall be in order to move to proceed to consider 
     the joint resolution of approval in the House. All points of 
     order against the motion are waived. Such a motion shall not 
     be in order after the House has disposed of a motion to 
     proceed on the joint resolution of approval. The previous 
     question shall be considered as ordered on the motion to its 
     adoption without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       ``(ii) Motion.--A motion to proceed to the consideration of 
     a joint resolution of approval of an Executive order 
     described in subsection (a)(1) or a list described in 
     subsection (a)(2) shall not be in order prior to the 
     enactment of a joint resolution of approval of the 
     proclamation described in subsection (a)(1) that is the 
     subject of such Executive order or list.
       ``(C) Consideration.--The joint resolution of approval 
     shall be considered as read. All points of order against the 
     joint resolution of approval and against its consideration 
     are waived. The previous question shall be considered as 
     ordered on the joint resolution of approval to final passage 
     without intervening motion except two hours of debate equally 
     divided and controlled by the sponsor of the joint resolution 
     of approval (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution of 
     approval shall not be in order.
       ``(5) Coordination with action by other house.--
       ``(A) In general.--If, before the passage by one House of a 
     joint resolution of approval of that House, that House 
     receives from the other House a joint resolution of approval 
     with regard to the same proclamation or Executive order, then 
     the following procedures shall apply:
       ``(i) The joint resolution of approval of the other House 
     shall not be referred to a committee.
       ``(ii) With respect to a joint resolution of approval of 
     the House receiving the joint resolution--

       ``(I) the procedure in that House shall be the same as if 
     no joint resolution of approval had been received from the 
     other House; but
       ``(II) the vote on passage shall be on the joint resolution 
     of approval of the other House.

       ``(iii) Upon the failure of passage of the joint resolution 
     of approval of the other House, the question shall 
     immediately occur on passage of the joint resolution of 
     approval of the receiving House.
       ``(B) Treatment of legislation of other house.--If one 
     House fails to introduce a joint resolution of approval under 
     this section, the joint resolution of approval of the other 
     House shall be entitled to expedited floor procedures under 
     this section.
       ``(C) Application to revenue measures.--The provisions of 
     this paragraph shall not apply in the House of 
     Representatives to a joint resolution of approval which is a 
     revenue measure.
       ``(6) Treatment of veto message.--Debate on a veto message 
     in the Senate under this section shall be 1 hour evenly 
     divided between the majority and minority leaders or their 
     designees.
       ``(c) Rule of Construction.--The enactment of a joint 
     resolution of approval under this section shall not be 
     interpreted to serve as a grant or modification by Congress 
     of statutory authority for the emergency powers of the 
     President.
       ``(d) Rules of the House and Senate.--This section is 
     enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in the House in the case of joint resolutions 
     described in this section, and supersedes other rules only to 
     the extent that it is inconsistent with such other rules; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

[[Page H7571]]

  


     ``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES 
                   INVOKING INTERNATIONAL EMERGENCY ECONOMIC 
                   POWERS ACT.

       ``(a) In General.--In the case of a national emergency 
     described in subsection (b), the provisions of the National 
     Emergencies Act, as in effect on the day before the date of 
     the enactment of the Congressional Power of the Purse Act, 
     shall continue to apply on and after such date of enactment.
       ``(b) National Emergency Described.--
       ``(1) In general.--A national emergency described in this 
     subsection is a national emergency pursuant to which the 
     President proposes to exercise emergency powers or 
     authorities made available under the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), supplemented as 
     necessary by a provision of law specified in paragraph (2).
       ``(2) Provisions of law specified.--The provisions of law 
     specified in this paragraph are--
       ``(A) the United Nations Participation Act of 1945 (22 
     U.S.C. 287 et seq.);
       ``(B) section 212(f) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(f)); or
       ``(C) any provision of law that authorizes the 
     implementation, imposition, or enforcement of economic 
     sanctions with respect to a foreign country.
       ``(c) Effect of Additional Powers and Authorities.--
     Subsection (a) shall not apply to a national emergency or the 
     exercise of emergency powers and authorities pursuant to the 
     national emergency if, in addition to the exercise of 
     emergency powers and authorities described in subsection (b), 
     the President proposes to exercise, pursuant to the national 
     emergency, any emergency powers and authorities under any 
     other provision of law.''.
       (b) Reporting Requirements.--Section 401 of the National 
     Emergencies Act (50 U.S.C. 1641) is amended by adding at the 
     end the following:
       ``(d) Report on Emergencies.--The President shall transmit 
     to Congress, with any proclamation declaring a national 
     emergency under section 201(a) or any Executive order 
     specifying emergency powers or authorities under section 
     201(b)(2) or renewing a national emergency under section 
     202(b), a report, in writing, that includes the following:
       ``(1) A description of the circumstances necessitating the 
     declaration of a national emergency, the renewal of such an 
     emergency, or the use of a new emergency authority specified 
     in the Executive order, as the case may be.
       ``(2) The estimated duration of the national emergency, or 
     a statement that the duration of the national emergency 
     cannot reasonably be estimated at the time of transmission of 
     the report.
       ``(3) A summary of the actions the President or other 
     officers intend to take, including any reprogramming or 
     transfer of funds and any contracts anticipated to be entered 
     into, and the statutory authorities the President and such 
     officers expect to rely on in addressing the national 
     emergency.
       ``(4) In the case of a renewal of a national emergency, a 
     summary of the actions the President or other officers have 
     taken in the preceding one-year period, including any 
     reprogramming or transfer of funds, to address the emergency.
       ``(e) Provision of Information to Congress.--The President 
     shall provide to Congress such other information as Congress 
     may request in connection with any national emergency in 
     effect under title II.
       ``(f) Periodic Reports on Status of Emergencies.--If the 
     President declares a national emergency under section 201(a), 
     the President shall, not less frequently than every 3 months 
     for the duration of the emergency, report to Congress on the 
     status of the emergency and the actions the President or 
     other officers have taken and authorities the President and 
     such officers have relied on in addressing the emergency.''.
       (d) Conforming Amendments.--
       (1) National emergencies act.--Title III of the National 
     Emergencies Act (50 U.S.C. 1631) is repealed.
       (2) International emergency economic powers act.--Section 
     207 of the International Emergency Economic Powers Act (50 
     U.S.C. 1706) is amended by adding at the end the following:
       ``(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.''.
       (e) Effective Date; Applicability.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall take 
     effect upon enactment and apply with respect to national 
     emergencies declared under section 201 of the National 
     Emergencies Act on or after that date.
       (2) Applicability to renewals of existing emergencies.--
     When a national emergency declared under section 201 of the 
     National Emergencies Act before the date of the enactment of 
     the Congressional Power of the Purse Act would expire or be 
     renewed under section 202(d) of that Act (as in effect on the 
     day before such date of enactment), that national emergency 
     shall be subject to the requirements for renewal under 
     section 202(b) of that Act, as amended by subsection (a).

     SEC. 532. NATIONAL EMERGENCIES ACT DECLARATION SPENDING 
                   REPORTING IN THE PRESIDENT'S BUDGET.

       Section 1105(a) of title 31, United States Code, as amended 
     by section 514, is further amended by adding at the end the 
     following:
       ``(44)(A) a report on the proposed, planned, and actual 
     obligations and expenditures of funds (for the prior fiscal 
     year, the current fiscal year, and the fiscal years for which 
     the budget is submitted) attributable to the exercise of 
     powers and authorities made available by statute for each 
     national emergency declared by the President, currently 
     active or in effect during the applicable fiscal years.
       ``(B) Obligations and expenditures contained in the report 
     under subparagraph (A) shall be organized by Treasury 
     Appropriation Fund Symbol or fund account and by program, 
     project, and activity, and include--
       ``(i) a description of each such program, project, and 
     activity;
       ``(ii) the authorities under which such funding actions are 
     taken; and
       ``(iii) the purpose and progress of such obligations and 
     expenditures toward addressing the applicable national 
     emergency.
       ``(C) Such report shall include, with respect to any 
     transfer, reprogramming, or repurposing of funds to address 
     the applicable national emergency--
       ``(i) the amount of such transfer, reprogramming, or 
     repurposing;
       ``(ii) the authority authorizing each such transfer, 
     reprogramming, or repurposing; and
       ``(iii) a description of programs, projects, and activities 
     affected by such transfer, reprogramming, or repurposing, 
     including by a reduction in funding.''.

     SEC. 533. DISCLOSURE TO CONGRESS OF PRESIDENTIAL EMERGENCY 
                   ACTION DOCUMENTS.

       (a) In General.--Not later than 30 days after the 
     conclusion of the process for approval, adoption, or revision 
     of any presidential emergency action document, the President 
     shall submit that document to the appropriate congressional 
     committees.
       (b) Documents in Existence Before Date of Enactment.--Not 
     later than 15 days after the date of the enactment of this 
     Act, the President shall submit to the appropriate 
     congressional committees all presidential emergency action 
     documents in existence before such date of enactment.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'', with respect to a 
     presidential emergency action document submitted under 
     subsection (a) or (b), means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, and the Select 
     Committee on Intelligence of the Senate;
       (B) the Committee on Oversight and Reform, the Committee on 
     the Judiciary, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (C) any other committee of the Senate or the House of 
     Representatives with jurisdiction over the subject matter 
     addressed in the presidential emergency action document.
       (2) Presidential emergency action document.--The term 
     ``presidential emergency action document'' refers to--
       (A) each of the approximately 56 documents described as 
     presidential emergency action documents in the budget 
     justification materials for the Office of Legal Counsel of 
     the Department of Justice submitted to Congress in support of 
     the budget of the President for fiscal year 2018; and
       (B) any other pre-coordinated legal document in existence 
     before, on, or after the date of the enactment of this Act, 
     that--
       (i) is designated as a presidential emergency action 
     document; or
       (ii) is designed to implement a presidential decision or 
     transmit a presidential request when an emergency disrupts 
     normal governmental or legislative processes.

     SEC. 534. CONGRESSIONAL DESIGNATIONS.

       (a) Repeal of Overseas Contingency Operations/Global War on 
     Terrorism Designation.--Section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)) is amended--
       (1) in the subparagraph heading, by striking ``; overseas 
     contingency operations/global war on terrorism''; and
       (2) by striking ``that--'' and all that follows through the 
     period at the end and inserting the following: ``that the 
     Congress designates as emergency requirements in statute, the 
     adjustment shall be the total of such appropriations in 
     discretionary accounts designated as emergency 
     requirements.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the later of October 1, 2021 or the date 
     of enactment of this Act.

       TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Security from Political 
     Interference in Justice Act of 2020''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Communications log.--The term ``communications log'' 
     means the log required to be maintained under section 603(a).
       (2) Covered communication.--
       (A) In general.--The term ``covered communication'' means 
     any communication relating to any contemplated or ongoing 
     investigation or litigation conducted by the Department of 
     Justice in any civil or criminal matter (regardless of 
     whether a civil action or criminal indictment or information 
     has been filed); and

[[Page H7572]]

       (B) Exceptions.--The term does not include a communication 
     that is any of the following:
       (i) A communication that involves contact between the 
     President, the Vice President, the Counsel to the President, 
     or the Principal Deputy Counsel to the President, and the 
     Attorney General, the Deputy Attorney General, or the 
     Associate Attorney General, except to the extent that the 
     communication concerns a contemplated or ongoing 
     investigation or litigation in which a target or subject is 
     one of the following:

       (I) The President, the Vice President, or a member of the 
     immediate family of the President or Vice President.
       (II) Any individual working in the Executive Office of the 
     President who is compensated at a rate of pay at or above 
     level II of the Executive Schedule under section 5313 of 
     title 5, United States Code.
       (III) The current or former chair or treasurer of any 
     national campaign committee that sought the election or seeks 
     the reelection of the President, or any officer of such a 
     committee exercising authority at the national level, during 
     the tenure in office of the President.

       (ii) A communication that involves contact between an 
     officer or employee of the Department of Justice and an 
     officer or employee of the Executive Office of the President 
     on a particular matter, if any of the President, the Vice 
     President, the Counsel to the President, or the Principal 
     Deputy Counsel to the President, and if any of the Attorney 
     General, the Deputy Attorney General, or the Associate 
     Attorney General have designated a subordinate to carry on 
     such contact, and the person so designating monitors all 
     subsequent communications and the person designated keeps the 
     designating person informed of each such communication, 
     except to the extent that the communication concerns a 
     contemplated or ongoing investigation or litigation in which 
     a target or subject is one of the following:

       (I) The President, the Vice President, or a member of the 
     immediate family of the President or Vice President.
       (II) Any individual working in the Executive Office of the 
     President who is compensated at a rate of pay at or above 
     level II of the Executive Schedule under section 5313 of 
     title 5, United States Code.
       (III) The current or former chair or treasurer of any 
     national campaign committee that sought the election or seeks 
     the reelection of the President, or any officer of such a 
     committee exercising authority at the national level, during 
     the tenure in office of the President.

       (iii) A communication that involves contact from or to the 
     Deputy Counsel to the President for National Security 
     Affairs, the staff of the National Security Council, and the 
     staff of the Homeland Security Council that relates to a 
     national security matter, except to the extent that the 
     communication concerns a pending adversary case in litigation 
     that may have national security implications.
       (iv) A communication that involves contact between the 
     Office of the Pardon Attorney of the Department of Justice 
     and the Counsel to the President or the Deputy Counsels to 
     the President relating to pardon matters.
       (v) A communication that relates solely to policy, 
     appointments, legislation, rulemaking, budgets, public 
     relations or affairs, programmatic matters, intergovernmental 
     relations, administrative or personnel matters, appellate 
     litigation, or requests for legal advice.
       (3) Immediate family.--The term ``immediate family of the 
     President or Vice President'' means those persons to whom the 
     President or Vice President--
       (A) is related by blood, marriage, or adoption; or
       (B) stands in loco parentis.

     SEC. 603. COMMUNICATIONS LOGS.

       (a) In General.--The Attorney General shall maintain a log 
     of covered communications.
       (b) Contents.--A communications log shall include, with 
     respect to a covered communication--
       (1) the name and title of each officer or employee of the 
     Department of Justice or the Executive Office of the 
     President who participated in the covered communication;
       (2) the topic of the covered communication; and
       (3) a statement describing the purpose and necessity of the 
     covered communication.
       (c) Oversight.--
       (1) Periodic disclosure of logs.--Not later than January 30 
     and July 30 of each year, the Attorney General shall submit 
     to the Office of the Inspector General of the Department of 
     Justice a report containing the communications log for the 6-
     month period preceding that January or July.
       (2) Notice of inappropriate or improper communications.--
     The Office of the Inspector General of the Department of 
     Justice shall--
       (A) review each communications log received under paragraph 
     (1)(A); and
       (B) notify the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate if the Inspector General determines that a covered 
     communication described in the communications log--
       (i) is inappropriate from a law enforcement perspective; or
       (ii) raises concerns about improper political interference.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to limit the valid written assertion by the 
     President of presidential communications privilege with 
     regard to any material required to be submitted under this 
     section.

     SEC. 604. RULE OF CONSTRUCTION.

       Nothing in this title may be construed to affect any 
     requirement to report pursuant to title I of this Act, or the 
     amendments made by that title.

          TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE

                Subtitle A--Requiring Cause for Removal

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Inspector General 
     Independence Act''.

     SEC. 702. AMENDMENT.

       The Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in section 3(b)--
       (A) by striking ``An Inspector General'' and inserting 
     ``(1) An Inspector General'';
       (B) by inserting after ``by the President'' the following: 
     ``in accordance with paragraph (2)''; and
       (C) by inserting at the end the following new paragraph:
       ``(2) The President may remove an Inspector General only 
     for any of the following grounds (and the documentation of 
     any such ground shall be included in the communication 
     required pursuant to paragraph (1)):
       ``(A) Documented permanent incapacity.
       ``(B) Documented neglect of duty.
       ``(C) Documented malfeasance.
       ``(D) Documented conviction of a felony or conduct 
     involving moral turpitude.
       ``(E) Documented knowing violation of a law or regulation.
       ``(F) Documented gross mismanagement.
       ``(G) Documented gross waste of funds.
       ``(H) Documented abuse of authority.
       ``(I) Documented inefficiency.''; and
       (2) in section 8G(e)(2), by adding at the end the following 
     new sentence: ``An Inspector General may be removed only for 
     any of the following grounds (and the documentation of any 
     such ground shall be included in the communication required 
     pursuant to this paragraph):
       ``(A) Documented permanent incapacity.
       ``(B) Documented neglect of duty.
       ``(C) Documented malfeasance.
       ``(D) Documented conviction of a felony or conduct 
     involving moral turpitude.
       ``(E) Documented knowing violation of a law or regulation.
       ``(F) Documented gross mismanagement.
       ``(G) Documented gross waste of funds.
       ``(H) Documented abuse of authority.
       ``(I) Documented inefficiency.''.

     SEC. 703. REMOVAL OR TRANSFER REQUIREMENTS.

       (a) Reasons for Removal or Transfer.--Section 3(b) of the 
     Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
     section 702, is further amended--
       (1) in paragraph (1), by striking ``reasons'' and inserting 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (2) by inserting at the end the following new paragraph:
       ``(3) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under paragraph (1), the written 
     communication required under that paragraph shall--
       ``(A) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(B) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''.
       (b) Reasons for Removal or Transfer for Designated Federal 
     Entities.--Section 8G(e) of the Inspector General Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in paragraph (2), by striking ``reasons'' and inserting 
     ``substantive rationale, including detailed and case-specific 
     reasons,''; and
       (2) by inserting at the end the following new paragraph:
       ``(3) If there is an open or completed inquiry into an 
     Inspector General that relates to the removal or transfer of 
     the Inspector General under paragraph (2), the written 
     communication required under that paragraph shall--
       ``(A) identify each entity that is conducting, or that 
     conducted, the inquiry; and
       ``(B) in the case of a completed inquiry, contain the 
     findings made during the inquiry.''.

        Subtitle B--Inspectors General of Intelligence Community

     SEC. 711. INDEPENDENCE OF INSPECTORS GENERAL OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--The National Security Act of 1947 (50 
     U.S.C. 3001 et seq.) is amended by adding at the end the 
     following new title:

 ``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

                    ``Subtitle A--Inspectors General

     ``SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL.

       ``(a) Removal.--A covered Inspector General may be removed 
     from office only by the head official. The head official may 
     remove a covered Inspector General only for any of the 
     following grounds:
       ``(1) Documented permanent incapacity.
       ``(2) Documented neglect of duty.
       ``(3) Documented malfeasance.
       ``(4) Documented conviction of a felony or conduct 
     involving moral turpitude.

[[Page H7573]]

       ``(5) Documented knowing violation of a law or regulation.
       ``(6) Documented gross mismanagement.
       ``(7) Documented gross waste of funds.
       ``(8) Documented abuse of authority.
       ``(9) Documented Inefficiency.
       ``(b) Administrative Leave.--A covered Inspector General 
     may be placed on administrative leave only by the head 
     official. The head official may place a covered Inspector 
     General on administrative leave only for any of the grounds 
     specified in subsection (a).
       ``(c) Notification.--The head official may not remove a 
     covered Inspector General under subsection (a) or place a 
     covered Inspector General on administrative leave under 
     subsection (b) unless--
       ``(1) the head official transmits in writing to the 
     appropriate congressional committees a notification of such 
     removal or placement, including an explanation of the 
     documented grounds specified in subsection (a) for such 
     removal or placement; and
       ``(2) with respect to the removal of a covered Inspector 
     General, a period of 30 days elapses following the date of 
     such transmittal.
       ``(d) Report.--Not later than 30 days after the date on 
     which the head official notifies a covered Inspector General 
     of being removed under subsection (a) or placed on 
     administrative leave under subsection (b), the office of that 
     Inspector General shall submit to the appropriate 
     congressional committees a report containing--
       ``(1) a description of the facts and circumstances of any 
     pending complaint, investigation, inspection, audit, or other 
     review or inquiry, including any information, allegation, or 
     complaint reported to the Attorney General in accordance with 
     section 535 of title 28, United States Code, that the 
     Inspector General was working on as of the date of such 
     removal or placement; and
       ``(2) any other significant matter that the office of the 
     Inspector General determines appropriate.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit a personnel action of a covered 
     Inspector General otherwise authorized by law, other than 
     transfer or removal.
       ``(f) Definitions.--In this section:
       ``(1) Administrative leave.--The term `administrative 
     leave' includes any other type of paid or unpaid non-duty 
     status.
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the congressional intelligence committees; and
       ``(B) the Committee on Oversight and Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.
       ``(3) Head official.--The term `head official' means--
       ``(A) with respect to the position of a covered Inspector 
     General that requires appointment by the President, by and 
     with the advice and consent of the Senate, the President; and
       ``(B) with respect to the position of a covered Inspector 
     General that requires appointment by a head of a department 
     or agency of the Federal Government, the head of such 
     department or agency.''.
       (b) Definition.--Section 3 of such Act (50 U.S.C. 3003) is 
     amended by adding at the end the following new paragraph:
       ``(8) The term `covered Inspector General' means each of 
     the following:
       ``(A) The Inspector General of the Intelligence Community.
       ``(B) The Inspector General of the Central Intelligence 
     Agency.
       ``(C) The Inspector General of the Defense Intelligence 
     Agency.
       ``(D) The Inspector General of the National Reconnaissance 
     Office.
       ``(E) The Inspector General of the National Geospatial-
     Intelligence Agency.
       ``(F) The Inspector General of the National Security 
     Agency.''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of the National Security Act of 1947 is amended by 
     adding after the items relating to title XI the end the 
     following new items:

 ``TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

                    ``SUBTITLE A--INSPECTORS GENERAL

``Sec. 1201. Independence of Inspectors General.''.

     SEC. 712. AUTHORITY OF INSPECTORS GENERAL OF THE INTELLIGENCE 
                   COMMUNITY TO DETERMINE MATTERS OF URGENT 
                   CONCERN.

       (a) Determination.--
       (1) In general.--Title XII of the National Security Act of 
     1947, as added by section 711, is amended by inserting after 
     section 1201 the following new section:

     ``SEC. 1203. DETERMINATION OF MATTERS OF URGENT CONCERN.

       ``(a) Determination.--Each covered Inspector General shall 
     have sole authority to determine whether any complaint or 
     information reported to the Inspector General is a matter of 
     urgent concern. Such determination is final and conclusive.
       ``(b) Foreign Interference in Elections.--In addition to 
     any other matter which is considered an urgent concern 
     pursuant to section 103H(k)(5)(G), section 17(d)(5)(G) of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)(G)), or other applicable provision of law, the 
     term `urgent concern' includes a serious or flagrant problem, 
     abuse, violation of law or Executive order, or deficiency 
     relating to foreign interference in elections in the United 
     States.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1201, as added 
     by section 711, the following new item:

``Sec. 1203. Determination of matters of urgent concern.''.
       (b) Conforming Amendments.--
       (1) Intelligence community.--Section 103H(k)(5)(G) of the 
     National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)) is 
     amended by striking ``In this paragraph'' and inserting ``In 
     accordance with section 1203, in this paragraph''.
       (2) Central intelligence agency.--Section 17(d)(5)(G) of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3517(d)(5)(G)) is amended by striking ``In this paragraph'' 
     and inserting ``In accordance with section 1203 of the 
     National Security Act of 1947, in this paragraph''.
       (c) Reports on Unresolved Differences.--Paragraph (3) of 
     section 103H(k) of the National Security Act of 1947 (50 
     U.S.C. 3033(k)) is amended by adding at the end the following 
     new subparagraph:
       ``(C) With respect to each report submitted pursuant to 
     subparagraph (A)(i), the Inspector General shall include in 
     the report, at a minimum--
       ``(i) a general description of the unresolved differences, 
     the particular duties or responsibilities of the Inspector 
     General involved, and, if such differences relate to a 
     complaint or information under paragraph (5), a description 
     of the complaint or information and the entities or 
     individuals identified in the complaint or information; and
       ``(ii) to the extent such differences can be attributed not 
     only to the Director but also to any other official, 
     department, agency, or office within the executive branch, or 
     a component thereof, the titles of such official, department, 
     agency, or office.''.
       (d) Clarification of Role of Director of National 
     Intelligence.--Section 102A(f)(1) of such Act (50 U.S.C. 
     3024(f)(1)) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) The authority of the Director of National 
     Intelligence under subparagraph (A) includes coordinating and 
     supervising activities undertaken by elements of the 
     intelligence community for the purpose of protecting the 
     United States from any foreign interference in elections in 
     the United States.''.

     SEC. 713. CONFORMING AMENDMENTS AND COORDINATION WITH OTHER 
                   PROVISIONS OF LAW.

       (a) Intelligence Community.--Paragraph (4) of section 
     103H(c) of the National Security Act of 1947 (50 U.S.C. 
     3033(c)) is amended to read as follows:
       ``(4) The provisions of title XII shall apply to the 
     Inspector General with respect to the removal of the 
     Inspector General and any other matter relating to the 
     Inspector General as specifically provided for in such 
     title.''.
       (b) Central Intelligence Agency.--Paragraph (6) of section 
     17(b) of the Central Intelligence Agency Act of 1949 (50 
     U.S.C. 3517(b)) is amended to read as follows:
       ``(6) The provisions of title XII of the National Security 
     Act of 1947 shall apply to the Inspector General with respect 
     to the removal of the Inspector General and any other matter 
     relating to the Inspector General as specifically provided 
     for in such title.''.
       (c) Other Elements.--
       (1) In general.--Title XII of the National Security Act of 
     1947, as added by section 711, is further amended by 
     inserting after section 1203, as added by section 712(a), the 
     following new section:

     ``SEC. 1205. COORDINATION WITH OTHER PROVISIONS OF LAW.

       ``No provision of law that is inconsistent with any 
     provision of this title shall be considered to supersede, 
     repeal, or otherwise modify a provision of this title unless 
     such other provision of law specifically cites a provision of 
     this title in order to supersede, repeal, or otherwise modify 
     that provision of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1203, as added 
     by section 713, the following new item:

``Sec. 1205. Coordination with other provisions of law.''.

                 Subtitle C--Congressional Notification

     SEC. 721. SHORT TITLE.

       This subtitle may be cited as the ``Inspector General 
     Protection Act''.

     SEC. 722. 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 
     status,'' after ``is removed from office'';
       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (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 
     status,'' after ``office'';

[[Page H7574]]

       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (c) Exception to Requirement to Submit Communication 
     Relating to Certain Changes in Status.--
       (1) Communication relating to change in status of inspector 
     general of office.--Section 3(b) of the Inspector General Act 
     of 1978 (5 U.S.C. App.), as amended by section 702(1), is 
     further amended--
       (A) in paragraph (1), by striking ``If'' and inserting 
     ``Except 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 
     described in paragraph (1) 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 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 relied 
     on to make the determination under subparagraph (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 
     completed, 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 
     preceding 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 
     Representatives and the Committee in the Senate that has 
     jurisdiction over the Inspector General involved, the 
     Committee on Oversight and Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, a written communication 
     that contains the following information--
       ``(i) a specification of which clause under subparagraph 
     (A) the President relied on to make the determination 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 
     completed, the findings of that inquiry.''.
       (2) Communication relating to change in status of inspector 
     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 702(2), is further amended--
       (A) in paragraph (2), by striking ``If'' and inserting 
     ``Except 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 
     submit 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 
     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 head includes--
       ``(i) a specification of which clause under subparagraph 
     (A) the head relied on to make the determination 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 
     completed, 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 
     Representatives and the Committee in the Senate that has 
     jurisdiction over the Inspector General involved, the 
     Committee on Oversight and Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, a written communication 
     that contains the following information--
       ``(i) a specification of which clause under subparagraph 
     (A) the head relied on to make the determination 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 
     completed, the findings of that inquiry.''.
       (d) Application.--The amendments made by this section shall 
     apply with respect to removals, transfers, and changes of 
     status occurring on or after the date that is 30 days after 
     the date of the enactment of this Act.

     SEC. 723. 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 following new section:

     ``Sec. 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 
     formal 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.

                 TITLE VIII--PROTECTING WHISTLEBLOWERS

            Subtitle A--Whistleblower Protection Improvement

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Whistleblower Protection 
     Improvement Act of 2021''.

     SEC. 802. ADDITIONAL WHISTLEBLOWER PROTECTIONS.

       (a) Investigations as Personnel Actions.--
       (1) In general.--Section 2302(a)(2)(A) of title 5, United 
     States Code, is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) by redesignating clause (xii) as clause (xiii); and
       (C) by inserting after the clause (xi) the following:
       ``(xii) for purposes of subsection (b)(8)--
       ``(I) the commencement, expansion, or extension of an 
     investigation, but not including any investigation that is 
     ministerial or nondiscretionary (including a ministerial or 
     nondiscretionary investigation described in section 1213) or 
     any investigation that is conducted by an Inspector General 
     of an entity of the Government of an employee not employed by 
     the office of that Inspector General; and
       ``(II) a referral to an Inspector General of an entity of 
     the Government, except for a referral that is ministerial or 
     nondiscretionary; and''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to any investigation opened, or referral made, as 
     described under clause (xii) of section 2302(a)(2)(A) of 
     title 5, United States Code, as added by such paragraph, on 
     or after the date of enactment of this Act.
       (b) Right to Petition Congress.--
       (1) In general.--Section 2302(b)(9) of title 5, United 
     States Code, is amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) in subparagraph (D), by adding ``or'' after the 
     semicolon at the end; and
       (C) by adding at the end the following:
       ``(E) the exercise of any right protected under section 
     7211;''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to the exercise of any right described in section 
     2302(b)(9)(E) of title 5, United States Code, as added by 
     paragraph (1), occurring on or after the date of enactment of 
     this Act.

[[Page H7575]]

       (c) Prohibition on Disclosure of Whistleblower Identity.--
       (1) In general.--Section 2302 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) No employee of an agency may willfully communicate 
     or transmit to any individual who is not an officer or 
     employee of the Government the identity of, or personally 
     identifiable information about, any other employee because 
     that other employee has made, or is suspected to have made, a 
     disclosure protected by subsection (b)(8), unless--
       ``(A) the other employee provides express written consent 
     prior to the communication or transmission of their identity 
     or personally identifiable information;
       ``(B) the communication or transmission is made in 
     accordance with the provisions of section 552a;
       ``(C) the communication or transmission is made to a lawyer 
     for the sole purpose of providing legal advice to an employee 
     accused of whistleblower retaliation; or
       ``(D) the communication or transmission is required or 
     permitted by any other provision of law.
       ``(2) In this subsection, the term `officer or employee of 
     the Government' means--
       ``(A) the President;
       ``(B) a Member of Congress;
       ``(C) a member of the uniformed services;
       ``(D) an employee as that term is defined in section 2105, 
     including an employee of the United States Postal Service, 
     the Postal Regulatory Commission, or the Department of 
     Veterans Affairs (including any employee appointed pursuant 
     to chapter 73 or 74 of title 38); and
       ``(E) any other officer or employee in any branch of the 
     Government of the United States.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to any transmission or communication described in 
     subsection (g) of section 2302 of title 5, United States 
     Code, as added by paragraph (1), made on or after the date of 
     enactment of this Act.
       (d) Right to Petition Congress.--
       (1) In general.--Section 7211 of title 5, United States 
     Code, is amended to read as follows:

     ``Sec. 7211. Employees' right to petition or furnish 
       information or respond to Congress

       ``(a) In General.--Each officer or employee of the Federal 
     Government, individually or collectively, has a right to--
       ``(1) petition Congress or a Member of Congress;
       ``(2) furnish information, documents, or testimony to 
     either House of Congress, any Member of Congress, or any 
     committee or subcommittee of the Congress; or
       ``(3) respond to any request for information, documents, or 
     testimony from either House of Congress or any Committee or 
     subcommittee of Congress.
       ``(b) Prohibited Actions.--No officer or employee of the 
     Federal Government may interfere with or deny the right set 
     forth in subsection (a), including by--
       ``(1) prohibiting or preventing, or attempting or 
     threatening to prohibit or prevent, any other officer or 
     employee of the Federal Government from engaging in activity 
     protected in subsection (a); or
       ``(2) removing, suspending from duty without pay, demoting, 
     reducing in rank, seniority, status, pay, or performance or 
     efficiency rating, denying promotion to, relocating, 
     reassigning, transferring, disciplining, or discriminating in 
     regard to any employment right, entitlement, or benefit, or 
     any term or condition of employment of, any other officer or 
     employee of the Federal Government or attempting or 
     threatening to commit any of the foregoing actions protected 
     in subsection (a).
       ``(c) Application.--This section shall not be construed to 
     authorize disclosure of any information that is--
       ``(1) specifically prohibited from disclosure by any other 
     provision of Federal law; or
       ``(2) specifically required by Executive order to be kept 
     secret in the interest of national defense or the conduct of 
     foreign affairs, unless disclosure is otherwise authorized by 
     law.
       ``(d) Definition of Officer or Employee of the Federal 
     Government.--For purposes of this section, the term `officer 
     or employee of the Federal Government' includes--
       ``(1) the President;
       ``(2) a Member of Congress;
       ``(3) a member of the uniformed services;
       ``(4) an employee (as that term is defined in section 
     2105);
       ``(5) an employee of the United States Postal Service or 
     the Postal Regulatory Commission; and
       ``(6) an employee appointed under chapter 73 or 74 of title 
     38.''.
       (2) Clerical amendment.--The table of sections for 
     subchapter II of chapter 72 of title 5, United States Code, 
     is amended by striking the item related to section 7211 and 
     inserting the following:

``7211. Employees' right to petition or furnish information or respond 
              to Congress.''.

     SEC. 803. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS.

       (a) Disclosures Relating to Officers or Employees of an 
     Office of Inspector General.--Section 1213(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(3) If the information transmitted under this subsection 
     disclosed a violation of law, rule, or regulation, or gross 
     waste, gross mismanagement, abuse of authority, or a 
     substantial and specific danger to public health or safety, 
     by any officer or employee of an Office of Inspector General, 
     the Special Counsel may refer the matter to the Council of 
     the Inspectors General on Integrity and Efficiency, which 
     shall comply with the standards and procedures applicable to 
     investigations and reports under subsection (c).''.
       (b) Retaliatory Referrals to Inspectors General.--Section 
     1214(d) of title 5, United States Code, is amended by adding 
     at the end the following:
       ``(3) In any case in which the Special Counsel determines 
     that a referral to an Inspector General of an entity of the 
     Federal Government was in retaliation for a disclosure or 
     protected activity described in section 2302(b)(8) or in 
     retaliation for exercising a right described in section 
     2302(b)(9)(A)(i), the Special Counsel shall transmit that 
     finding in writing to the Inspector General within seven days 
     of making the finding. The Inspector General shall consider 
     that finding and make a determination on whether to initiate 
     an investigation or continue an investigation based on the 
     referral that the Special Counsel found to be retaliatory.''.
       (c) Ensuring Timely Relief.--
       (1) Individual right of action.--Section 1221 of title 5, 
     United States Code, is amended by striking ``section 
     2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D),'' 
     each place it appears and inserting ``section 2302(b)(8), 
     section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
     2302(b)(13), or section 2302(g),''.
       (2) Stays.--Section 1221(c)(2) of title 5, United States 
     Code, is amended to read as follows:
       ``(2) Any stay requested under paragraph (1) shall be 
     granted within 10 calendar days (excluding Saturdays, 
     Sundays, and legal holidays) after the date the request is 
     made, if the Board determines--
       ``(A) that there is a substantial likelihood that protected 
     activity was a contributing factor to the personnel action 
     involved; or
       ``(B) the Board otherwise determines that such a stay would 
     be appropriate.''.
       (3) Appeal of stay.--Section 1221(c) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(4) If any stay requested under paragraph (1) is denied, 
     the employee, former employee, or applicant may, within 7 
     days after receiving notice of the denial, file an appeal for 
     expedited review by the Board. The agency shall have 7 days 
     thereafter to respond. The Board shall provide a decision not 
     later than 21 days after receiving the appeal. During the 
     period of appeal, both parties may supplement the record with 
     information unavailable to them at the time the stay was 
     first requested.''.
       (4) Access to district court; jury trials.--
       (A) In general.--Section 1221(i) of title 5, United States 
     Code, is amended--
       (i) by striking ``(i) Subsections'' and inserting ``(i)(1) 
     Subsections''; and
       (ii) by adding at the end the following:
       ``(2)(A) If, in the case of an employee, former employee, 
     or applicant for employment who seeks corrective action from 
     the Merit Systems Protection Board based on an alleged 
     prohibited personnel practice described in section 
     2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), 
     section 2302(b)(13), or section 2302(g), no final order or 
     decision is issued by the Board within 180 days after the 
     date on which a request for such corrective action has been 
     duly submitted to the Board, such employee, former employee, 
     or applicant may, after providing written notice to the 
     Special Counsel and the Board and only within 20 days after 
     providing such notice, bring an action for review de novo 
     before the appropriate United States district court, and such 
     action shall, at the request of either party to such action, 
     be tried before a jury. Upon filing of an action with the 
     appropriate United States district court, any proceedings 
     before the Board shall cease and the employee, former 
     employee, or applicant for employment waives any right to 
     refile with the Board.
       ``(B) If the Board certifies (in writing) to the parties of 
     a case that the complexity of such case requires a longer 
     period of review, subparagraph (A) shall be applied by 
     substituting `240 days' for `180 days'.
       ``(C) In any such action brought before a United States 
     district court under subparagraph (A), the court--
       ``(i) shall apply the standards set forth in subsection 
     (e); and
       ``(ii) may award any relief which the court considers 
     appropriate, including any relief described in subsection 
     (g).''.
       (B) Application.--
       (i) The amendments made by subparagraph (A) shall apply to 
     any corrective action duly submitted to the Merit Systems 
     Protection Board, during the five-year period preceding the 
     date of enactment of this Act, by an employee, former 
     employee, or applicant for employment based on an alleged 
     prohibited personnel practice described in section 
     2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D), or 
     2302(b)(13) of title 5, United States Code, with respect to 
     which no final order or decision has been issued by the 
     Board.
       (ii) In the case of an individual described in clause (i) 
     whose duly submitted claim to the Board was made not later 
     than 180 days before the date of enactment of this Act, such 
     individual may only bring an action before a United States 
     district court as described in section 1221(i)(2) of title 5, 
     United States Code, (as added by subparagraph (A) if that 
     individual--

[[Page H7576]]

       (I) provides written notice to the Office of Special 
     Counsel and the Merit Systems Protection Board not later than 
     90 days after the date of enactment of this Act; and
       (II) brings such action not later than 20 days after 
     providing such notice.

       (d) Recipients of Whistleblower Disclosures.--Section 
     2302(b)(8)(B) of title 5, United States Code, is amended by 
     striking ``or to the Inspector General of an agency or 
     another employee designated by the head of the agency to 
     receive such disclosures'' and inserting ``the Inspector 
     General of an agency, a supervisor in the employee's direct 
     chain of command up to and including the head of the 
     employing agency, or to an employee designated by any of the 
     aforementioned individuals for the purpose of receiving such 
     disclosures''.
       (e) Attorney Fees.--
       (1) In general.--Section 7703(a) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) If an employee, former employee, or applicant for 
     employment is the prevailing party under a proceeding brought 
     under this section, the employee, former employee, or 
     applicant for employment shall be entitled to attorney fees 
     for all representation carried out pursuant to this section. 
     In such an action for attorney fees, the agency responsible 
     for taking the personnel action shall be the respondent and 
     shall be responsible for paying the fees.''.
       (2) Application.--In addition to any proceeding brought by 
     an employee, former employee, or applicant for employment on 
     or after the date of enactment of this Act to a Federal court 
     under section 7703 of title 5, United States Code, the 
     amendment made by paragraph (1) shall apply to any proceeding 
     brought by an employee, former employee, or applicant for 
     employment under such section before the date of enactment of 
     this Act with respect to which the applicable Federal court 
     has not issued a final decision.
       (f) Extending Whistleblower Protection Act to Certain 
     Employees.--
       (1) In general.--Section 2302(a)(2)(A) of title 5, United 
     States Code, is amended in the matter following clause 
     (xiii)--
       (A) by inserting ``subsection (b)(9)(A)(i), (B), (C), (D), 
     or (E), subsection (b)(13), or subsection (g),'' after 
     ``subsection (b)(8),''; and
       (B) by inserting after ``title 31'' the following: ``, a 
     commissioned officer or applicant for employment in the 
     Public Health Service, an officer or applicant for employment 
     in the commissioned officer corps of the National Oceanic and 
     Atmospheric Administration, and a noncareer appointee in the 
     Senior Executive Service''.
       (2) Conforming amendments.--Section 261 of the National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Act of 2002 (33 U.S.C. 3071) is amended--
       (A) in subsection (a)--
       (i) by striking paragraph (8); and
       (ii) by redesignating paragraphs (9) through (26) as 
     paragraphs (8) through (25), respectively; and
       (B) in subsection (b), by striking the second sentence.
       (3) Application.--
       (A) In general.--With respect to an officer or applicant 
     for employment in the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration, the 
     amendments made by paragraphs (1) and (2) shall apply to any 
     personnel action taken against such officer or applicant on 
     or after the date of enactment of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps 
     Amendments Act of 2020 (Public Law 116-259) for making any 
     disclosure protected under section 2302(8) of title 5, United 
     States Code.
       (B) Exception.--Subparagraph (A) shall not apply to any 
     personnel action with respect to which a complaint has been 
     filed pursuant to section 1034 of title 10, United States 
     Code, and a final decision has been rendered regarding such 
     complaint.
       (g) Relief.--
       (1) In general.--Section 7701(b)(2)(A) of title 5, United 
     States Code, is amended by striking ``upon the making of the 
     decision'' and inserting ``upon making of the decision, 
     necessary to make the employee whole as if there had been no 
     prohibited personnel practice, including training, seniority 
     and promotions consistent with the employee's prior record''.
       (2) Application.--In addition to any appeal made on or 
     after the date of enactment of this Act to the Merit Systems 
     Protection Board under section 7701 of title 5, United States 
     Code, the amendment made by paragraph (1) shall apply to any 
     appeal made under such section before the date of enactment 
     of this Act with respect to which the Board has not issued a 
     final decision.

     SEC. 804. CLASSIFYING CERTAIN FURLOUGHS AS ADVERSE PERSONNEL 
                   ACTIONS.

       (a) In General.--Section 7512 of title 5, United States 
     Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) a furlough of more than 14 days but less than 30 
     days; and
       ``(6) a furlough of 13 days or less that is not due to a 
     lapse in appropriations;''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to any furlough covered by such section 7512(5) 
     or (6) (as amended by such subsection) occurring on or after 
     the date of enactment of this Act.

     SEC. 805. CODIFICATION OF PROTECTIONS FOR DISCLOSURES OF 
                   CENSORSHIP RELATED TO RESEARCH, ANALYSIS, OR 
                   TECHNICAL INFORMATION.

       (a) In General.--Section 2302 of title 5, United States 
     Code, as amended by section 802(c)(1), is further amended by 
     adding at the end the following:
       ``(h)(1) In this subsection--
       ``(A) the term `applicant' means an applicant for a covered 
     position;
       ``(B) the term `censorship related to research, analysis, 
     or technical information' means any effort to distort, 
     misrepresent, or suppress research, analysis, or technical 
     information; and
       ``(C) the term `employee' means an employee in a covered 
     position in an agency.
       ``(2)(A) Any disclosure of information by an employee or 
     applicant for employment that the employee or applicant 
     reasonably believes is evidence of censorship related to 
     research, analysis, or technical information--
       ``(i) shall come within the protections of subsection 
     (b)(8)(A) if--
       ``(I) the employee or applicant reasonably believes that 
     the censorship related to research, analysis, or technical 
     information is or will cause--
       ``(aa) any violation of law, rule, or regulation; or
       ``(bb) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; and
       ``(II) such disclosure is not specifically prohibited by 
     law or such information is not specifically required by 
     Executive order to be kept classified in the interest of 
     national defense or the conduct of foreign affairs; and
       ``(ii) shall come within the protections of subsection 
     (b)(8)(B) if--
       ``(I) the employee or applicant reasonably believes that 
     the censorship related to research, analysis, or technical 
     information is or will cause--
       ``(aa) any violation of law, rule, or regulation; or
       ``(bb) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; and
       ``(II) the disclosure is made to the Special Counsel, or to 
     the Inspector General of an agency or another person 
     designated by the head of the agency to receive such 
     disclosures, consistent with the protection of sources and 
     methods.
       ``(3) A disclosure shall not be excluded from paragraph (2) 
     for any reason described under subsection (f)(1) or (2).
       ``(4) Nothing in this subsection shall be construed to 
     imply any limitation on the protections of employees and 
     applicants afforded by any other provision of law, including 
     protections with respect to any disclosure of information 
     believed to be evidence of censorship related to research, 
     analysis, or technical information.''.
       (b) Repeal.--
       (1) In general.--Section 110 of the Whistleblower 
     Protection Enhancement Act of 2012 (Public Law 112-199) is 
     hereby repealed.
       (2) Rule of construction.--Nothing in this section shall be 
     construed to limit or otherwise affect any action under such 
     section 110 commenced before the date of enactment of this 
     Act or any protections afforded by such section with respect 
     to such action.

     SEC. 806. TITLE 5 TECHNICAL AND CONFORMING AMENDMENTS.

       Title 5, United States Code, is amended--
       (1) in section 1212(h), by striking ``or (9)'' each place 
     it appears and inserting ``, (b)(9), (b)(13), or (g)'';
       (2) in section 1214--
       (A) in subsections (a) and (b), by striking ``section 
     2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D)'' 
     each place it appears and inserting ``section 2302(b)(8), 
     section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 
     2302(b)(13), or section 2302(g)''; and
       (B) in subsection (i), by striking ``section 2302(b)(8) or 
     subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9)'' 
     and inserting ``section 2302(b)(8), subparagraph (A)(i), (B), 
     (C), (D), or (E) of section 2302(b)(9), section 2302(b)(13), 
     or section 2302(g)'';
       (3) in section 1215(a)(3)(B), by striking ``section 
     2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' each 
     place it appears and inserting ``section 2302(b)(8), section 
     2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), 
     or section 2302(g)'';
       (4) in section 2302--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``or (g)'' after 
     ``subsection (b)''; and
       (ii) in paragraph (2)(C)(i), by striking ``subsection 
     (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D)'' and 
     inserting ``section 2302(b)(8), section 2302(b)(9)(A)(i), 
     (B), (C), (D), or (E), section 2302(b)(13), or section 
     2302(g)''; and
       (B) in subsection (c)(1)(B), by striking ``paragraph (8) or 
     subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of 
     subsection (b)'' and inserting ``paragraph (8), subparagraph 
     (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (13) 
     of subsection (b) or subsection (g)'';
       (5) in section 7515(a)(2), by striking ``paragraph (8), 
     (9), or (14) of section 2302(b)'' and inserting ``paragraph 
     (8), (9), (13), or (14) of section 2302(b) or section 
     2302(g)'';
       (6) in section 7701(c)(2)(B), by inserting ``or section 
     2302(g)'' after ``section 2302(b)''; and
       (7) in section 7703(b)(1)(B), by striking ``section 
     2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D)'' and 
     inserting ``section 2302(b)(8), section 2302(b)(9)(A)(i), 
     (B), (C), (D), or (E), section 2302(b)(13), or section 
     2302(g)''.

[[Page H7577]]

  


        Subtitle B--Whistleblowers of the Intelligence Community

     SEC. 811. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
                   WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN 
                   SUCH COMPLAINTS.

       (a) In General.--Title XII of the National Security Act of 
     1947, as added by section 711, is further amended by 
     inserting after section 1205, as added by section 713(c), the 
     following new subtitle:

              ``Subtitle B--Protections for Whistleblowers

     ``SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
                   WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN 
                   SUCH COMPLAINTS.

       ``(a) In General.--It shall be unlawful for any employee or 
     officer of the Federal Government to knowingly and willfully 
     share any whistleblower disclosure information with any 
     individual named as a subject of the whistleblower disclosure 
     and alleged in the disclosure to have engaged in misconduct, 
     unless--
       ``(1) the whistleblower consented, in writing, to such 
     sharing before the sharing occurs;
       ``(2) a covered Inspector General to whom such disclosure 
     is made--
       ``(A) determines that such sharing is necessary to advance 
     an investigation, audit, inspection, review, or evaluation by 
     the Inspector General; and
       ``(B) notifies the whistleblower of such sharing before the 
     sharing occurs; or
       ``(3) an attorney for the Government--
       ``(A) determines that such sharing is necessary to advance 
     an investigation by the attorney; and
       ``(B) notifies the whistleblower of such sharing before the 
     sharing occurs.
       ``(b) Whistleblower Disclosure Information Defined.--In 
     this section, the term `whistleblower disclosure information' 
     means, with respect to a whistleblower disclosure--
       ``(1) the disclosure;
       ``(2) confirmation of the fact of the existence of the 
     disclosure; or
       ``(3) the identity, or other identifying information, of 
     the whistleblower who made the disclosure.''.
       (b) Technical and Clerical Amendments.--
       (1) Transfer.--The National Security Act of 1947 (50 U.S.C. 
     3001 et seq.) is amended as follows:
       (A) Section 1104 is--
       (i) transferred to title XII of such Act, as added by 
     section 711;
       (ii) inserted before section 1223 of such Act, as added by 
     this section; and
       (iii) redesignated as section 1221.
       (B) Section 1106 is--
       (i) amended by striking ``section 1104'' each place it 
     appears and inserting ``section 1221'';
       (ii) transferred to title XII of such Act, as added by 
     section 711;
       (iii) inserted after section 1223 of such Act, as added by 
     this section; and
       (iv) redesignated as section 1225.
       (2) Clerical amendments.--The table of sections at the 
     beginning of the National Security Act of 1947 is amended--
       (A) by striking the items relating to section 1104 and 
     section 1106; and
       (B) by inserting after the item relating to section 1205 
     the following new items:

              ``SUBTITLE B--PROTECTIONS FOR WHISTLEBLOWERS

``Sec. 1221. Prohibited personnel practices in the intelligence 
              community.
``Sec. 1223. Limitation on sharing of intelligence community 
              whistleblower complaints with persons named in such 
              complaints.
``Sec. 1225. Inspector General external review panel.''.
       (c) Definitions.--Section 3 of such Act (50 U.S.C. 3003), 
     as amended by section 711, is further amended by adding at 
     the end the following new paragraphs:
       ``(9) The term `whistleblower' means a person who makes a 
     whistleblower disclosure.
       ``(10) The term `whistleblower disclosure' means a 
     disclosure that is protected under section 1221 of this Act 
     or section 3001(j)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).''.
       (d) Conforming Amendment.--Section 5331 of the Damon Paul 
     Nelson and Matthew Young Pollard Intelligence Authorization 
     Act for Fiscal Years 2018, 2019, and 2020 (division E of 
     Public Law 116-92; 50 U.S.C. 3033 note) is amended by 
     striking ``section 1104 of the National Security Act of 1947 
     (50 U.S.C. 3234)'' and inserting ``section 1221 of the 
     National Security Act of 1947''.

     SEC. 812. DISCLOSURES TO CONGRESS.

       (a) In General.--Title XII of the National Security Act of 
     1947, as added by section 711, is further amended by 
     inserting after section 1225, as designated by section 
     811(b), the following new section:

     ``SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.

       ``(a) Guidance.--
       ``(1) Obligation to provide security direction upon 
     request.--Upon the request of a whistleblower, the head of 
     the relevant element of the intelligence community, acting 
     through the covered Inspector General for that element, shall 
     furnish on a confidential basis to the whistleblower 
     information regarding how the whistleblower may directly 
     contact the congressional intelligence committees, in 
     accordance with appropriate security practices, regarding a 
     complaint or information of the whistleblower pursuant to 
     section 103H(k)(5)(D) or other appropriate provision of law.
       ``(2) Nondisclosure.--Unless a whistleblower who makes a 
     request under paragraph (1) provides prior consent, a covered 
     Inspector General may not disclose to the head of the 
     relevant element of the intelligence community--
       ``(A) the identity of the whistleblower; or
       ``(B) the element at which such whistleblower is employed, 
     detailed, or assigned as a contractor employee.
       ``(b) Oversight of Obligation.--If a covered Inspector 
     General determines that the head of an element of the 
     intelligence community denied a request by a whistleblower 
     under subsection (a), directed the whistleblower not to 
     contact the congressional intelligence committees, or 
     unreasonably delayed in providing information under such 
     subsection, the covered Inspector General shall notify the 
     congressional intelligence committees of such denial, 
     direction, or unreasonable delay.
       ``(c) Permanent Security Officer.--The head of each element 
     of the intelligence community may designate a permanent 
     security officer in the element to provide to whistleblowers 
     the information under subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1225, as added 
     by section 811(b), the following new item:

``Sec. 1227. Procedures regarding disclosures to Congress.''.
       (c) Conforming Amendment.--Section 103H(k)(5)(D)(i) of the 
     National Security Act of 1947 (50 U.S.C. 3033(k)(5)(D)(i)) is 
     amended by adding at the end the following: ``The employee 
     may request information pursuant to section 1227 with respect 
     to contacting such committees.''.

     SEC. 813. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER 
                   IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER 
                   DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Paragraph (3) of subsection (a) of section 
     1221 of the National Security Act of 1947, as designated by 
     section 811(b)(1)(A), is amended--
       (1) in subparagraph (I), by striking ``; or'' and inserting 
     a semicolon;
       (2) by redesignating subparagraph (J) as subparagraph (K); 
     and
       (3) by inserting after subparagraph (I) the following:
       ``(J) a knowing and willful disclosure revealing the 
     identity or other personally identifiable information of such 
     employee or such contractor employee without the express 
     written consent of such employee or such contractor employee 
     or if the Inspector General determines such disclosure is 
     necessary for the exclusive purpose of investigating a 
     complaint or information received under section 8H of the 
     Inspector General Act of 1978 (5 U.S.C. App. 8H); or''.
       (b) Applicability to Detailees.--Such subsection is amended 
     by adding at the end the following:
       ``(5) Employee.--The term `employee', with respect to an 
     agency or a covered intelligence community element, includes 
     an individual who has been detailed to such agency or covered 
     intelligence community element.''.
       (c) Private Right of Action for Unlawful Disclosure of 
     Whistleblower Identity.--Subsection (d) of such section is 
     amended to read as follows:
       ``(d) Enforcement.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, the President shall provide for the enforcement 
     of this section.
       ``(2) Private right of action for unlawful, willful 
     disclosure of whistleblower identity.--In a case in which an 
     employee of an agency, or other employee or officer of the 
     Federal Government, takes a personnel action described in 
     subsection (a)(3)(J) against an employee of a covered 
     intelligence community element as a reprisal in violation of 
     subsection (b) or in a case in which a contractor employee 
     takes a personnel action described in such subsection against 
     another contractor employee as a reprisal in violation of 
     subsection (c), the employee or contractor employee against 
     whom the personnel action was taken may bring a private 
     action for all appropriate remedies, including injunctive 
     relief and compensatory and punitive damages, against the 
     employee or contractor employee who took the personnel 
     action, in a Federal district court of competent jurisdiction 
     within 180 days of when the employee or contractor employee 
     first learned of or should have learned of the violation.''.

             TITLE IX--ACCOUNTABILITY FOR ACTING OFFICIALS

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Accountability for Acting 
     Officials Act''.

     SEC. 902. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 
                   1998.

       (a) Eligibility Requirements.--Section 3345 of title 5, 
     United States Code, is amended as follows:
       (1) In subsection (a)--
       (A) in paragraph (1), by adding at the end before the semi-
     colon the following: ``, but, and except as provided in 
     subsection (e), only if the individual serving in the 
     position of first assistant has occupied such position for a 
     period of at least 30 days during the 365-day period 
     preceding the date of the death, resignation, or beginning of 
     inability to serve''; and

[[Page H7578]]

       (B) by striking subparagraph (A) of paragraph (3) and 
     inserting the following:
       ``(A) the officer or employee served in a position in such 
     agency for a period of at least 1 year preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     applicable officer; and''.
       (2) By adding at the end the following:
       ``(d) For purposes of this section, a position shall be 
     considered to be the first assistant to the office with 
     respect to which a vacancy occurs only if such position has 
     been designated, at least 30 days before the date of the 
     vacancy, by law, rule, or regulation as the first assistant 
     position. The previous sentence shall begin to apply on the 
     date that is 180 days after the date of enactment of the 
     Accountability for Acting Officials Act.
       ``(e) The 30-day service requirement in subsection (a)(1) 
     shall not apply to any individual who is a first assistant 
     if--
       ``(1)(A) the office of such first assistant is an office 
     for which appointment is required to be made by the 
     President, by and with the advice and consent of the Senate; 
     and
       ``(B) the Senate has approved the appointment of such 
     individual to such office; or
       ``(2) the individual began serving in the position of first 
     assistant during the 180-day period beginning on a 
     transitional inauguration day (as that term is defined in 
     section 3349a(a)).''.
       (b) Qualifications.--Section 3345(b) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(3) Any individual directed to perform the functions and 
     duties of the vacant office temporarily in an acting capacity 
     under subsection (a)(2) or (f) shall possess the 
     qualifications (if any) set forth in law, rule, or regulation 
     that are otherwise applicable to an individual appointed by 
     the President, by and with the advice and consent of the 
     Senate, to occupy such office.''.
       (c) Application to Individuals Removed From Office.--
     Paragraph (2) of section 3345(c) of title 5, United States 
     Code, is amended by inserting after ``the expiration of a 
     term of office'' the following: ``or removal (voluntarily or 
     involuntarily) from office''.
       (d) Vacancy of Inspector General Positions.--
       (1) In general.--Section 3345 of title 5, United States 
     Code, as amended by subsection (a)(2), is further amended by 
     adding at the end the following:
       ``(f)(1) Notwithstanding subsection (a), if an Inspector 
     General position that requires appointment by the President 
     by and with the advice and consent of the Senate to be filled 
     is vacant, the first assistant of such position shall perform 
     the functions and duties of the Inspector General temporarily 
     in an acting capacity subject to the time limitations of 
     section 3346.
       ``(2) Notwithstanding subsection (a), if for purposes of 
     carrying out paragraph (1) of this subsection, by reason of 
     absence, disability, or vacancy, the first assistant to the 
     position of Inspector General is not available to perform the 
     functions and duties of the Inspector General, an acting 
     Inspector General shall be appointed by the President from 
     among individuals serving in an office of any Inspector 
     General, provided that--
       ``(A) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     applicable Inspector General, the individual served in a 
     position in an office of any Inspector General for not less 
     than 90 days; and
       ``(B) the rate of pay for the position of such individual 
     is equal to or greater than the minimum rate of pay payable 
     for a position at GS-15 of the General Schedule.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to any vacancy first occurring with respect to an 
     Inspector General position on or after the date of enactment 
     of this Act.
       (e) Testimony of Acting Officials Before Congress.--Section 
     3345 of title 5, United States Code, as amended by subsection 
     (d)(1), is further amended by adding at the end the 
     following:
       ``(g)(1) Any individual serving as an acting officer due to 
     a vacancy to which this section applies, or any individual 
     who has served in such capacity and continues to perform the 
     same or similar duties beyond the time limits described in 
     section 3346, shall appear, at least once during any 60-day 
     period that the individual is so serving, before the 
     appropriate committees of jurisdiction of the House of 
     Representatives and the Senate.
       ``(2) Paragraph (1) may be waived upon mutual agreement of 
     the chairs and ranking members of such committees.''.
       (f) Time Limitation for Principal Offices.--Section 3346 of 
     title 5, United States Code, is amended--
       (1) in subsection (a), by inserting ``or as provided in 
     subsection (d)'' after ``sickness''; and
       (2) by adding at the end the following:
       ``(d) With respect to the vacancy of the position of head 
     of any agency listed in subsection (b) of section 901 of 
     title 31, or any other position that is within the 
     President's cabinet and to which this section applies, 
     subsections (a) through (c) of this section and sections 
     3348(c), 3349(b), and 3349a(b) shall be applied by 
     substituting `120' for `210' in each instance.''.
       (g) Exclusivity.--Section 3347 of title 5, United States 
     Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Notwithstanding subsection (a), any statutory 
     provision covered under paragraph (1) of such subsection that 
     contains a non-discretionary order or directive to designate 
     an officer or employee to perform the functions and duties of 
     a specified office temporarily in an acting capacity shall be 
     the exclusive means for temporarily authorizing an acting 
     official to perform the functions and duties of such 
     office.''.
       (h) Reporting of Vacancies.--
       (1) In general.--Section 3349 of title 5, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) by striking ``immediately upon'' in each instance and 
     inserting ``not later than 7 days after'';
       (ii) in paragraph (3), by striking ``and'' at the end;
       (iii) in paragraph (4), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(5) notification of the end of the term of service of any 
     person serving in an acting capacity and the name of any 
     subsequent person serving in an acting capacity and the date 
     the service of such subsequent person began not later than 7 
     days after such date.''; and
       (B) in subsection (b), by striking ``immediately'' and 
     inserting ``not later than 14 days after the date of such 
     determination''.
       (2) Technical corrections.--Paragraphs (1) and (2) of 
     subsection (b) of such section 3349 of such title are amended 
     to read as follows:
       ``(1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(2) the Committee on Oversight and Reform of the House of 
     Representatives;''.
       (i) Vacancies During Presidential Inaugural Transitions.--
     Subsection (b) of section 3349a of title 5, United States 
     Code, is amended to read as follows:
       ``(b) Notwithstanding section 3346 (except as provided in 
     paragraph (2) of this subsection) or 3348(c), with respect to 
     any vacancy that exists on a transitional inauguration day, 
     or that arises during the 60-day period beginning on such 
     day, the person serving as an acting officer as described 
     under section 3345 may serve in the office--
       ``(1) for no longer than 300 days beginning on such day; or
       ``(2) subject to subsection 3346(b), once a first or second 
     nomination for the office is submitted to the Senate, from 
     the date of such nomination for the period that the 
     nomination is pending in the Senate.''.

       TITLE X--STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Hatch Act Accountability 
     Act''.

     SEC. 1002. STRENGTHENING HATCH ACT ENFORCEMENT AND PENALTIES 
                   AGAINST POLITICAL APPOINTEES.

       (a) Investigations by Office of Special Counsel.--Section 
     1216 of title 5, United States Code, as amended by section 
     307, is amended--
       (1) in subsection (c), by striking ``(1),''; and
       (2) by adding at the end the following:
       ``(e)(1) In addition to the authority otherwise provided in 
     this chapter, the Special Counsel--
       ``(A) shall conduct an investigation with respect to any 
     allegation concerning political activity prohibited under 
     subchapter III of chapter 73 (relating to political 
     activities by Federal employees); and
       ``(B) may, regardless of whether the Special Counsel has 
     received an allegation, conduct any investigation as the 
     Special Counsel considers necessary concerning political 
     activity prohibited under such subchapter.
       ``(2) With respect to any investigation under paragraph (1) 
     of this subsection, the Special Counsel may seek corrective 
     action under section 1214 and disciplinary action under 
     section 1215 in the same way as if a prohibited personnel 
     practice were involved.
       ``(f)(1) Notwithstanding subsection (b) of section 1215, 
     consistent with paragraph (3) of this subsection, if after an 
     investigation under subsection (d)(1) the Special Counsel 
     determines that a political appointee has violated section 
     7323 or 7324, the Special Counsel may present a complaint to 
     the Merit Systems Protection Board under the process provided 
     in section 1215, against such political appointee.
       ``(2) Notwithstanding section 7326, a final order of the 
     Board on a complaint of a violation of section 7323 or 7324 
     by a political appointee may impose an assessment of a civil 
     penalty not to exceed $50,000.
       ``(3) The Special Counsel may not present a complaint under 
     paragraph (1) of this subsection--
       ``(A) unless no disciplinary action or civil penalty has 
     been taken or assessed, respectively, against the political 
     appointee pursuant to section 7326; and
       ``(B) until on or after the date that is 90 days after the 
     date that the complaint regarding the political appointee was 
     presented to the President under section 1215(b), 
     notwithstanding whether the President submits a written 
     statement pursuant to paragraph (4) of this subsection.
       ``(4)(A) Not later than 90 days after receiving from the 
     Special Counsel a complaint recommending disciplinary action 
     under section 1215(b) with respect to a political appointee 
     for a violation of section 7323 or 7324, the President shall 
     provide a written statement to the Special Counsel on whether 
     the President imposed the recommended disciplinary action, 
     imposed another form of disciplinary action and the nature of 
     that disciplinary action, or took no disciplinary action 
     against the political appointee.

[[Page H7579]]

       ``(B) Not later than 14 days after receiving a written 
     statement under subparagraph (A) of this paragraph--
       ``(i) the Special Counsel shall submit the written 
     statement to the Committee on Oversight and Reform of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate; and
       ``(ii) publish the written statement on the public website 
     of the Office of Special Counsel.
       ``(5) Not later than 14 days after the date that the 
     Special Counsel determines a political appointee has violated 
     section 7323 or 7324, the Special Counsel shall--
       ``(A) submit a report on the investigation into such 
     political appointee, and any communications sent from the 
     Special Counsel to the President recommending discipline of 
     such political appointee, to the Committee on Oversight and 
     Reform of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) publish the report and such communications on the 
     public website of the Office of Special Counsel.
       ``(6) In this subsection, the term `political appointee' 
     means any individual, other than the President and the Vice-
     President, employed or holding office--
       ``(A) in the Executive Office of the President, the Office 
     of the Vice President, and any other office of the White 
     House, but not including any career employee; or
       ``(B) in a confidential, policy-making, policy-determining, 
     or policy-advocating position appointed by the President, by 
     and with the advice and consent of the Senate (other than an 
     individual in the Foreign Service of the United States).''.
       (b) Clarification on Application of Hatch Act to EOP and 
     OVP Employees.--Section 7322(1)(A) of title 5, United States 
     Code, is amended by inserting after ``Executive agency'' the 
     following: ``, including the Executive Office of the 
     President, the Office of the Vice President, and any other 
     office of the White House,''.

         TITLE XI--PROMOTING EFFICIENT PRESIDENTIAL TRANSITIONS

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Efficient Transition Act 
     of 2021''.

     SEC. 1102. ASCERTAINMENT OF SUCCESSFUL CANDIDATES IN GENERAL 
                   ELECTIONS FOR PURPOSES OF PRESIDENTIAL 
                   TRANSITION.

       (a) In General.--Section 3(c) of the Presidential 
     Transition Act of 1963 (3 U.S.C. 102 note) is amended--
       (1) by striking ``The terms'' and inserting ``(1) The 
     terms''; and
       (2) by adding at the end the following:
       ``(2) The Administrator shall make the ascertainment under 
     paragraph (1) as soon as practicable after the general 
     elections.
       ``(3) If the Administrator does not make such ascertainment 
     within 5 days after such elections, each eligible candidate 
     for President and Vice President shall be treated as if they 
     are the apparent successful candidate for purposes of this 
     Act until the Administrator makes the ascertainment or until 
     the House of Representatives and the Senate certify the 
     results of the elections, whichever occurs first.''.
       (b) Regulations.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator of General Services 
     shall promulgate regulations that establish standards and 
     procedures to be followed by the Administrator in making any 
     future determination regarding ascertainment under section 
     3(c) of the Presidential Transition Act of 1963, as amended 
     by subsection (a).

     TITLE XII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 1201. Presidential and Vice Presidential tax transparency.

     SEC. 1201. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 
                   TRANSPARENCY.

       (a) Definitions.--In this section--
       (1) The term ``covered candidate'' means a candidate of a 
     major party in a general election for the office of President 
     or Vice President.
       (2) The term ``major party'' has the meaning given the term 
     in section 9002 of the Internal Revenue Code of 1986.
       (3) The term ``income tax return'' means, with respect to 
     an individual, any return (as such term is defined in section 
     6103(b)(1) of the Internal Revenue Code of 1986, except that 
     such term shall not include declarations of estimated tax) 
     of--
       (A) such individual, other than information returns issued 
     to persons other than such individual; or
       (B) of any corporation, partnership, or trust in which such 
     individual holds, directly or indirectly, a significant 
     interest as the sole or principal owner or the sole or 
     principal beneficial owner (as such terms are defined in 
     regulations prescribed by the Secretary of the Treasury or 
     his delegate).
       (4) The term ``Secretary'' means the Secretary of the 
     Treasury or the delegate of the Secretary.
       (b) Disclosure.--
       (1) In general.--
       (A) Candidates for president and vice president.--Not later 
     than the date that is 15 days after the date on which an 
     individual becomes a covered candidate, the individual shall 
     submit to the Federal Election Commission a copy of the 
     individual's income tax returns for the 10 most recent 
     taxable years for which a return has been filed with the 
     Internal Revenue Service.
       (B) President and vice president.--With respect to an 
     individual who is the President or Vice President, not later 
     than the due date for the return of tax for each taxable 
     year, such individual shall submit to the Federal Election 
     Commission a copy of the individual's income tax returns for 
     the taxable year and for the 9 preceding taxable years.
       (C) Transition rule for sitting presidents and vice 
     presidents.--Not later than the date that is 30 days after 
     the date of enactment of this section, an individual who is 
     the President or Vice President on such date of enactment 
     shall submit to the Federal Election Commission a copy of the 
     income tax returns for the 10 most recent taxable years for 
     which a return has been filed with the Internal Revenue 
     Service.
       (2) Failure to disclose.--If any requirement under 
     paragraph (1) to submit an income tax return is not met, the 
     chairman of the Federal Election Commission shall submit to 
     the Secretary a written request that the Secretary provide 
     the Federal Election Commission with the income tax return.
       (3) Publicly available.--The chairman of the Federal 
     Election Commission shall make publicly available each income 
     tax return submitted under paragraph (1) in the same manner 
     as a return provided under section 6103(l)(23) of the 
     Internal Revenue Code of 1986 (as added by this section).
       (4) Treatment as a report under the federal election 
     campaign act of 1971.--For purposes of the Federal Election 
     Campaign Act of 1971, any income tax return submitted under 
     paragraph (1) or provided under section 6103(l)(23) of the 
     Internal Revenue Code of 1986 (as added by this section) 
     shall, after redaction under paragraph (3) or subparagraph 
     (B)(ii) of such section, be treated as a report filed under 
     the Federal Election Campaign Act of 1971.
       (c) Disclosure of Returns of Presidents and Vice Presidents 
     and Certain Candidates for President and Vice President.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(23) Disclosure of return information of presidents and 
     vice presidents and certain candidates for president and vice 
     president.--
       ``(A) In general.--Upon written request by the chairman of 
     the Federal Election Commission under section 1201(b)(2) of 
     the Protecting Our Democracy Act, not later than the date 
     that is 15 days after the date of such request, the Secretary 
     shall provide copies of any return which is so requested to 
     officers and employees of the Federal Election Commission 
     whose official duties include disclosure or redaction of such 
     return under this paragraph.
       ``(B) Disclosure to the public.--
       ``(i) In general.--The chairman of the Federal Election 
     Commission shall make publicly available any return which is 
     provided under subparagraph (A).
       ``(ii) Redaction of certain information.--Before making 
     publicly available under clause (i) any return, the chairman 
     of the Federal Election Commission shall redact such 
     information as the Federal Election Commission and the 
     Secretary jointly determine is necessary for protecting 
     against identity theft, such as social security numbers.''.
       (2) Conforming amendments.--Section 6103(p)(4) of such Code 
     is amended--
       (A) in the matter preceding subparagraph (A) by striking 
     ``or (22)'' and inserting ``(22), or (23)''; and
       (B) in subparagraph (F)(ii) by striking ``or (22)'' and 
     inserting ``(22), or (23)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to disclosures made on or after the date of 
     enactment of this Act.

     DIVISION C--DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE; 
         PROHIBITING CAMPAIGNS FROM PAYING SPOUSE OF CANDIDATE

        TITLE XIII--REPORTING FOREIGN INTERFERENCE IN ELECTIONS

     SEC. 1301. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

       (a) Initial Notice.--
       (1) In general.--Section 304 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure of Reportable Foreign Contacts.--
       ``(1) Committee obligation to notify.--Not later than 1 
     week after a reportable foreign contact, each political 
     committee shall notify the Federal Bureau of Investigation 
     and the Commission of the reportable foreign contact and 
     provide a summary of the circumstances with respect to such 
     reportable foreign contact. The Federal Bureau of 
     Investigation, not later than 1 week after receiving a 
     notification from a political committee under this paragraph, 
     shall submit to the political committee, the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     and the Select Committee on Intelligence of the Senate 
     written or electronic confirmation of receipt of the 
     notification.
       ``(2) Individual obligation to notify.--Not later than 3 
     days after a reportable foreign contact--
       ``(A) each candidate and each immediate family member of a 
     candidate shall notify the treasurer or other designated 
     official of the principal campaign committee of such

[[Page H7580]]

     candidate of the reportable foreign contact and provide a 
     summary of the circumstances with respect to such reportable 
     foreign contact; and
       ``(B) each official, employee, or agent of a political 
     committee shall notify the treasurer or other designated 
     official of the committee of the reportable foreign contact 
     and provide a summary of the circumstances with respect to 
     such reportable foreign contact.
       ``(3) Reportable foreign contact.--In this subsection:
       ``(A) In general.--The term `reportable foreign contact' 
     means any direct or indirect contact or communication that--
       ``(i) is between--

       ``(I) a candidate, an immediate family member of the 
     candidate, a political committee, or any official, employee, 
     or agent of such committee; and
       ``(II) an individual that the person described in subclause 
     (I) knows, has reason to know, or reasonably believes is a 
     covered foreign national; and

       ``(ii) the person described in clause (i)(I) knows, has 
     reason to know, or reasonably believes involves--

       ``(I) an offer or other proposal for a contribution, 
     donation, expenditure, disbursement, or solicitation 
     described in section 319; or
       ``(II) coordination or collaboration with, an offer or 
     provision of information or services to or from, or 
     persistent and repeated contact with, a covered foreign 
     national in connection with an election.

       ``(B) Exceptions.--
       ``(i) Contacts in official capacity as elected official.--
     The term `reportable foreign contact' shall not include any 
     contact or communication with a covered foreign national by 
     an elected official or an employee of an elected official 
     solely in an official capacity as such an official or 
     employee.
       ``(ii) Contacts for purposes of enabling observation of 
     elections by international observers.--The term `reportable 
     foreign contact' shall not include any contact or 
     communication with a covered foreign national by any person 
     which is made for purposes of enabling the observation of 
     elections in the United States by a foreign national or the 
     observation of elections outside of the United States by a 
     candidate, political committee, or any official, employee, or 
     agent of such committee.
       ``(iii) Exceptions not applicable if contacts or 
     communications involve prohibited disbursements.--A contact 
     or communication by an elected official or an employee of an 
     elected official shall not be considered to be made solely in 
     an official capacity for purposes of clause (i), and a 
     contact or communication shall not be considered to be made 
     for purposes of enabling the observation of elections for 
     purposes of clause (ii), if the contact or communication 
     involves a contribution, donation, expenditure, disbursement, 
     or solicitation described in section 319.
       ``(C) Covered foreign national defined.--
       ``(i) In general.--In this paragraph, the term `covered 
     foreign national' means--

       ``(I) a foreign principal (as defined in section 1(b) of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 
     611(b)) that is a government of a foreign country or a 
     foreign political party;
       ``(II) any person who acts as an agent, representative, 
     employee, or servant, or any person who acts in any other 
     capacity at the order, request, or under the direction or 
     control, of a foreign principal described in subclause (I) or 
     of a person any of whose activities are directly or 
     indirectly supervised, directed, controlled, financed, or 
     subsidized in whole or in major part by a foreign principal 
     described in subclause (I); or
       ``(III) any person included in the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury pursuant to authorities relating to the imposition 
     of sanctions relating to the conduct of a foreign principal 
     described in subclause (I).

       ``(ii) Clarification regarding application to citizens of 
     the united states.--In the case of a citizen of the United 
     States, subclause (II) of clause (i) applies only to the 
     extent that the person involved acts within the scope of that 
     person's status as the agent of a foreign principal described 
     in subclause (I) of clause (i).
       ``(4) Immediate family member.--In this subsection, the 
     term `immediate family member' means, with respect to a 
     candidate, a parent, parent-in-law, spouse, adult child, or 
     sibling.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to reportable foreign contacts which 
     occur on or after the date of the enactment of this Act.
       (b) Information Included on Report.--
       (1) In general.--Section 304(b) of such Act (52 U.S.C. 
     30104(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(9) for any reportable foreign contact (as defined in 
     subsection (j)(3))--
       ``(A) the date, time, and location of the contact;
       ``(B) the date and time of when a designated official of 
     the committee was notified of the contact;
       ``(C) the identity of individuals involved; and
       ``(D) a description of the contact, including the nature of 
     any contribution, donation, expenditure, disbursement, or 
     solicitation involved and the nature of any activity 
     described in subsection (j)(3)(A)(ii)(II) involved.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to reports filed on or after the 
     expiration of the 60-day period which begins on the date of 
     the enactment of this Act.

     SEC. 1302. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING 
                   COMPLIANCE SYSTEM.

       (a) In General.--Section 302 of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding 
     at the end the following new subsection:
       ``(j) Reportable Foreign Contacts Compliance Policy.--
       ``(1) Reporting.--Each political committee shall establish 
     a policy that requires all officials, employees, and agents 
     of such committee to notify the treasurer or other 
     appropriate designated official of the committee of any 
     reportable foreign contact (as defined in section 304(j)) not 
     later than 3 days after such contact was made.
       ``(2) Retention and preservation of records.--Each 
     political committee shall establish a policy that provides 
     for the retention and preservation of records and information 
     related to reportable foreign contacts (as so defined) for a 
     period of not less than 3 years.
       ``(3) Certification.--
       ``(A) In general.--Upon filing its statement of 
     organization under section 303(a), and with each report filed 
     under section 304(a), the treasurer of each political 
     committee (other than an authorized committee) shall certify 
     that--
       ``(i) the committee has in place policies that meet the 
     requirements of paragraphs (1) and (2);
       ``(ii) the committee has designated an official to monitor 
     compliance with such policies; and
       ``(iii) not later than 1 week after the beginning of any 
     formal or informal affiliation with the committee, all 
     officials, employees, and agents of such committee will--

       ``(I) receive notice of such policies;
       ``(II) be informed of the prohibitions under section 319; 
     and
       ``(III) sign a certification affirming their understanding 
     of such policies and prohibitions.

       ``(B) Authorized committees.--With respect to an authorized 
     committee, the candidate shall make the certification 
     required under subparagraph (A).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to political committees which file a 
     statement of organization under section 303(a) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or 
     after the date of the enactment of this Act.
       (2) Transition rule for existing committees.--Not later 
     than 30 days after the date of the enactment of this Act, 
     each political committee under the Federal Election Campaign 
     Act of 1971 shall file a certification with the Federal 
     Election Commission that the committee is in compliance with 
     the requirements of section 302(j) of such Act (as added by 
     subsection (a)).

     SEC. 1303. CRIMINAL PENALTIES.

       Section 309(d)(1) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end 
     the following new subparagraphs:
       ``(E) Any person who knowingly and willfully commits a 
     violation of subsection (j) or (b)(9) of section 304 or 
     section 302(j) shall be fined not more than $500,000, 
     imprisoned not more than 5 years, or both.
       ``(F) Any person who knowingly and willfully conceals or 
     destroys any materials relating to a reportable foreign 
     contact (as defined in section 304(j)) shall be fined not 
     more than $1,000,000, imprisoned not more than 5 years, or 
     both.''.

     SEC. 1304. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Director 
     of the Federal Bureau of Investigation shall submit to the 
     congressional intelligence committees a report relating to 
     notifications received by the Federal Bureau of Investigation 
     under section 304(j)(1) of the Federal Election Campaign Act 
     of 1971 (as added by section 1301(a) of this Act).
       (b) Elements.--Each report under subsection (a) shall 
     include, at a minimum, the following with respect to 
     notifications described in subsection (a):
       (1) The number of such notifications received from 
     political committees during the year covered by the report.
       (2) A description of protocols and procedures developed by 
     the Federal Bureau of Investigation relating to receipt and 
     maintenance of records relating to such notifications.
       (3) With respect to such notifications received during the 
     year covered by the report, a description of any subsequent 
     actions taken by the Director resulting from the receipt of 
     such notifications.
       (c) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     has the meaning given that term in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).

[[Page H7581]]

  


     SEC. 1305. RULE OF CONSTRUCTION.

       Nothing in this title or the amendments made by this title 
     shall be construed--
       (1) to impede legitimate journalistic activities; or
       (2) to impose any additional limitation on the right to 
     express political views or to participate in public discourse 
     of any individual who--
       (A) resides in the United States;
       (B) is not a citizen of the United States or a national of 
     the United States, as defined in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
       (C) is not lawfully admitted for permanent residence, as 
     defined by section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20)).

        TITLE XIV--ELIMINATING FOREIGN INTERFERENCE IN ELECTIONS

     SEC. 1401. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.

       (a) Clarification of Treatment of Provision of Certain 
     Information as Contribution or Donation of a Thing of 
     Value.--Section 319 of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30121) is amended by adding at the end the 
     following new subsection:
       ``(c) Clarification of Treatment of Provision of Certain 
     Information as Contribution or Donation of a Thing of 
     Value.--For purposes of this section, a `contribution or 
     donation of money or other thing of value' includes the 
     provision of opposition research, polling, or other non-
     public information relating to a candidate for election for a 
     Federal, State, or local office for the purpose of 
     influencing the election, regardless of whether such 
     research, polling, or information has monetary value, except 
     that nothing in this subsection shall be construed to treat 
     the mere provision of an opinion about a candidate as a thing 
     of value for purposes of this section.''.
       (b) Clarification of Application of Foreign Money Ban to 
     All Contributions and Donations of Things of Value and to All 
     Solicitations of Contributions and Donations of Things of 
     Value.--Section 319(a) of such Act (52 U.S.C. 30121(a)) is 
     amended--
       (1) in paragraph (1)(A), by striking ``promise to make a 
     contribution or donation'' and inserting ``promise to make 
     such a contribution or donation'';
       (2) in paragraph (1)(B), by striking ``donation'' and 
     inserting ``donation of money or other thing of value, or to 
     make an express or implied promise to make such a 
     contribution or donation,''; and
       (3) by amending paragraph (2) to read as follows:
       ``(2) a person to solicit, accept, or receive (directly or 
     indirectly) a contribution or donation described in 
     subparagraph (A) or (B) of paragraph (1), or to solicit, 
     accept, or receive (directly or indirectly) an express or 
     implied promise to make such a contribution or donation, from 
     a foreign national.''.
       (c) Enhanced Penalty for Certain Violations.--
       (1) In general.--Section 309(d)(1) of such Act (52 U.S.C. 
     30109(d)(1)), as amended by section 1303, is further amended 
     by adding at the end the following new subparagraph:
       ``(G)(i) Any person who knowingly and willfully commits a 
     violation of section 319 which involves a foreign national 
     which is a government of a foreign country or a foreign 
     political party, or which involves a thing of value 
     consisting of the provision of opposition research, polling, 
     or other non-public information relating to a candidate for 
     election for a Federal, State, or local office for the 
     purpose of influencing the election, shall be fined under 
     title 18, United States Code, or imprisoned for not more than 
     5 years, or both.
       ``(ii) In clause (i), each of the terms `government of a 
     foreign country' and `foreign political party' has the 
     meaning given such term in section 1 of the Foreign Agents 
     Registration Act of 1938, as Amended (22 U.S.C. 611).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to violations committed on or after 
     the date of the enactment of this Act.

     SEC. 1402. REQUIRING ACKNOWLEDGMENT OF FOREIGN MONEY BAN BY 
                   POLITICAL COMMITTEES.

       (a) Provision of Information by Federal Election 
     Commission.--Section 303 of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30103) is amended by adding at the end the 
     following new subsection:
       ``(e) Acknowledgment of Foreign Money Ban.--
       ``(1) Notification by commission.--Not later than 30 days 
     after a political committee files its statement of 
     organization under subsection (a), and biennially thereafter 
     until the committee terminates, the Commission shall provide 
     the committee with a written explanation of section 319.
       ``(2) Acknowledgment by committee.--
       ``(A) In general.--Not later than 30 days after receiving 
     the written explanation of section 319 under paragraph (1), 
     the committee shall transmit to the Commission a signed 
     certification that the committee has received such written 
     explanation and has provided a copy of the explanation to all 
     members, employees, contractors, and volunteers of the 
     committee.
       ``(B) Person responsible for signature.--The certification 
     required under subparagraph (A) shall be signed--
       ``(i) in the case of an authorized committee of a 
     candidate, by the candidate; or
       ``(ii) in the case of any other political committee, by the 
     treasurer of the committee.''.
       (b) Effective Date; Transition for Existing Committees.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to political committees which file 
     statements of organization under section 303 of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30103) on or after 
     the date of the enactment of this Act.
       (2) Transition for existing committees.--
       (A) Notification by federal election commission.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Federal Election Commission shall provide each political 
     committee under such Act with the written explanation of 
     section 319 of such Act, as required under section 303(e)(1) 
     of such Act (as added by subsection (a)).
       (B) Acknowledgment by committee.--Not later than 30 days 
     after receiving the written explanation under subparagraph 
     (A), each political committee under such Act shall transmit 
     to the Federal Election Commission the signed certification, 
     as required under section 303(e)(2) of such Act (as added by 
     subsection (a)).

     SEC. 1403. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY 
                   FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT 
                   INITIATIVES AND REFERENDA.

       (a) In General.--Section 319(a)(1)(A) of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 
     amended by striking ``State, or local election'' and 
     inserting the following: ``State, or local election, 
     including a State or local ballot initiative or referendum''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections held in 2022 or any 
     succeeding year.

    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; DISCLOSURE OF PAYMENTS TO 
                   SPOUSES AND FAMILY MEMBERS.

       (a) Prohibition; Disclosure.--Section 313 of the Federal 
     Election 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.--
       ``(1) Prohibiting compensation of spouses.--Notwithstanding 
     any other provision of this Act, no authorized committee of a 
     candidate or any other political committee established, 
     maintained, or controlled by a candidate of an individual 
     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 
     included 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 subsection, 
     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 candidate 
     of 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 inserting ``subject to subsection (d), for 
     otherwise''.

     SEC. 1502. IMPOSITION OF PENALTY AGAINST CANDIDATE OR 
                   OFFICEHOLDER.

       (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 section 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 
     paragraph:
       ``(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 
     enactment of this Act.

                        DIVISION D--SEVERABILITY

                         TITLE XV--SEVERABILITY

     SEC. 1501. SEVERABILITY.

       If any provision of this Act or any amendment made by this 
     Act, or the application of

[[Page H7582]]

     a provision of this Act or an amendment made by this Act to 
     any person or circumstance, is held to be unconstitutional, 
     the remainder of this Act, and the application of the 
     provisions to any person or circumstance, shall not be 
     affected by the holding.

  The SPEAKER pro tempore. The bill, as amended, is debatable for one 
hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Oversight and Reform, or their respective 
designees.
  The gentlewoman from New York (Mrs. Carolyn B. Maloney) and the 
gentleman from Kentucky (Mr. Comer) each will control 30 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I ask unanimous 
consent that all Members may have 5 legislative days in which to revise 
and extend their remarks and include extraneous materials on H.R. 5314, 
the Protecting Our Democracy Act.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself 
such time as I may consume.
  Madam Speaker, I rise today in strong support of H.R. 5314, the 
Protecting Our Democracy Act. This sweeping package of reforms would 
restore integrity, accountability, and transparency to our government.
  The landmark reforms in this bill would protect against future 
abuses, no matter who is President. This includes preventing abuses of 
the President's pardon power and requiring the President and Vice 
President to disclose their tax returns.
  This bill includes many provisions that have bipartisan support. For 
example, the bill includes a provision based on a bill previously 
introduced by Representative Darrell Issa to make it easier for 
Congress to enforce subpoenas.
  The bill would strengthen protections for inspectors general by only 
allowing an IG to be removed for specific documented causes. This 
reform passed the House with a bipartisan vote in June as part of a 
bill I introduced to increase the independence of inspectors general, 
and it passed the House with overwhelming bipartisan support in 2007.
  This bill also includes the bipartisan Whistleblower Protection 
Improvement Act, which I was proud to introduce. These provisions would 
strengthen protections for whistleblowers who are retaliated against 
for reporting waste, fraud, and abuse.
  These reforms would provide whistleblowers the long overdue right to 
challenge retaliation in court. It would also prohibit agencies from 
launching retaliatory investigations and disclosing a whistleblower's 
identity; and it would make clear that no Federal employee, including 
the President or Vice President of the United States, may interfere 
with or retaliate against a whistleblower for sharing information with 
Congress.
  The Protecting Our Democracy Act would also protect the government 
from political interference by strengthening the Hatch Act.
  Just last month, the independent Office of Special Counsel found that 
13 senior Trump administration officials, including top White House 
aides and Cabinet members, broke the law by using their official 
government position to campaign for President Trump.
  This legislation would also limit who can be named an acting official 
and for how long. I thank Representative Katie Porter for her 
leadership on these reforms which are included in her bill, the 
Accountability for Acting Officials Act.
  The reforms in this bill have broad support from over 150 groups, 
including the Brennan Center For Justice and the Project On Government 
Oversight.
  My colleagues from across the aisle continue to claim that this bill 
is about punishing former President Trump, but this is simply not true.
  While this bill addresses issues that were highlighted by past 
abuses, it is not about the past. It is about the future of our 
democracy, and it will strengthen our democracy.
  Madam Speaker, I strongly urge all of my colleagues, both Democrats 
and Republicans, to vote for the Protecting Our Democracy Act, and I 
reserve the balance of my time.
  Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the bill the majority has titled the Protecting Our 
Democracy Act does nothing to protect anything but the swamp.
  Right now, the American people are trying to prepare for the holidays 
with the highest inflation rate in 30 years. They are struggling to 
keep their gas tanks full, put food on the table, and heat their homes. 
They are worried about rising crime in their communities. They are 
concerned their children have suffered while their classrooms were 
closed but the borders are wide open to illegal immigrants and deadly 
drugs.
  Democrats are ignoring these real issues facing Americans today. 
Instead, Democrats want to talk about former President Trump, even 
though a Democrat has occupied the White House for nearly a year. This 
is not what the American people want for Christmas.
  The Democrats' playbook is about as predictable as a Hallmark 
Christmas special. We have all seen this movie.
  The bill before us today is based on political fiction, and it is the 
latest attempt to resurrect Democrats' sham investigations of the past.
  This bill unconstitutionally disrupts the separation of powers among 
the branches of government by diminishing the executive branch and 
ignoring the judicial branch.
  For example, the legislation interferes with the President's pardon 
power, a power completely vested with the President. But this bill 
gives Congress access to sensitive White House deliberations and 
communications about pardons. What legislative purpose does that serve?
  Congress has no authority to evaluate the President's pardon power. 
This bill also overrides the judicial branch by attaching partisan 
definitions to constitutional language that the Supreme Court has 
already spoken to. It would change the definition of an emolument to 
fit failed Democrat legal theories and indulge certain Members' false 
conspiracy theories--Members like, I don't know, Madam Speaker, Adam 
Schiff.
  Rewriting this technical constitutional term would keep any 
businessperson who has conducted business outside the U.S. from running 
for President. That would mean no Hunter Biden at the top of the ticket 
in 2024.

  Democrats appear to think the skill set for running a business would 
not be helpful to the Federal Government. Maybe that is why Democrats' 
only solution to any problem is to throw American taxpayer dollars at 
it and not to engage in serious government reform efforts.
  Democrats only want career politicians--or even better, career 
bureaucrats--to be able to serve as elected officials. Similarly, 
Democrats are determined to make the Federal Government run as 
inefficiently as possible by allowing incompetent or dishonest Federal 
employees to keep their jobs.
  The so-called whistleblower protections in the bill are so expansive 
that if a Federal employee, even a bad or ineffective one, claims they 
are a whistleblower, they are almost immune from scrutiny.
  The Committee on Oversight and Reform has great respect for 
whistleblowers. We need them to conduct true oversight. They serve an 
essential role in evaluating waste, fraud, and abuse in the Federal 
Government. But sometimes Federal employees attempt to claim they are 
whistleblowers to shield themselves from scrutiny for poor performance. 
We should not make it impossible to vet whistleblowers' claims and 
their work.
  Further, the policy in the Democrats' bill to entrench inspectors 
general is another policy that reduces the efficiency of the Federal 
Government and another example of the legislative branch intruding on 
the operations of the executive branch.
  Madam Speaker, it is Christmastime. Instead of fixing the many 
problems created by President Biden, like the supply chain, energy, 
border, and economic crises, Democrats have decided to take up a sham 
bill and deliver a lump of coal to the American people.
  Instead of spending time on Democrats' favorite obsession, President 
Trump, we should instead take on the issues facing Americans today.

[[Page H7583]]

  Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentlewoman from Connecticut (Ms. DeLauro), the 
distinguished chair of the Committee on Appropriations.
  Ms. DeLAURO. Madam Speaker, I thank the gentlewoman for her 
leadership, alongside Chairman Schiff, on this very important 
legislation.
  Madam Speaker, the previous administration played fast and loose with 
the American people's hard-earned tax dollars. And just as seriously, 
it exposed dangerous faults in our democratic institutions that, if 
left unaddressed, will erode the American people's trust in our 
democracy.
  That is why I am proud to be a cosponsor of the Protecting Our 
Democracy Act, which restrains Presidents from abusing the public 
trust.
  Of particular importance to me as chair of the Appropriations 
Committee, this bill will ensure that every President, regardless of 
party, will be subject to the Congress' constitutional power of the 
purse.
  It will strengthen congressional control and review over funding to 
ensure that Federal dollars are being used as directed by the Congress.
  It will require the Office of Management and Budget to publish how it 
apportions the appropriations provided by the Congress to executive 
agencies.
  Finally, the Protecting Our Democracy Act will increase reporting to 
Congress on the executive branch's compliance with the Impoundment 
Control Act and the Antideficiency Act, two bedrock laws that were 
enacted to protect Congress' appropriations power.
  The American people deserve a voice in how their money is spent. 
Through their duly elected Representatives in the Congress, the 
Protecting Our Democracy Act gives the American people that voice.
  Madam Speaker, I strongly urge support for this important piece of 
legislation.
  Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from 
Arkansas (Mr. Crawford).
  Mr. CRAWFORD. Madam Speaker, I thank the gentleman for his 
leadership.
  Madam Speaker, I rise today to oppose this insane piece of 
legislation House Democrats are proposing.
  This bill is yet another further attempt by the chairman of the House 
Permanent Select Committee on Intelligence, Adam Schiff, to 
retroactively attack President Trump, even after the Democrats' Russian 
collusion allegations have been repeatedly debunked.
  I want to specifically bring attention to Title XIII of this 
ridiculous bill. This provision requires employees, officials, and 
agents of a Presidential campaign to report foreign national contact 
and/or contributions to the FEC and to the FBI. The FBI is then 
required to provide notice to the campaign and to the House Permanent 
Select Committee on Intelligence, or HPSCI, as we call it.
  Sound familiar? The FBI would be required to work with HPSCI on 
counterintelligence investigations into political candidates. What 
could possibly go wrong?
  This provision is designed to further the Democrat-led FBI scheme 
against Republican Presidential candidates, just as they did with 
President Trump.
  Here's how it would work: First, if a foreign government contacts a 
Republican campaign, the Republican campaign, in compliance with the 
proposed law, reports the contact to the FBI. Then the FBI notifies 
HPSCI Democrats, and somehow the media miraculously finds out about it 
and runs story after story about the Republican campaign colluding with 
the foreign government.

                              {time}  1245

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. COMER. Madam Speaker, I yield the gentleman an additional 30 
seconds.
  Mr. CRAWFORD. Lather, rinse, repeat. I am not sure if anyone has told 
Chairman Schiff and House Democrats yet, but Donald Trump is, 
unfortunately, no longer President. Time to stop living in the past.
  The clear intent of this bill is to weaponize the Federal Government 
bureaucracy against Republican candidates. If this legislation becomes 
law, Madam Speaker, don't be surprised if we see Russian hoaxes every 2 
years.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentleman from the great State of Oregon (Mr. DeFazio), 
the distinguished chair of the Committee on Transportation and 
Infrastructure.
  Mr. DeFAZIO. Madam Speaker, this bill does not look back.
  Yes, we saw the abuses of Donald Trump over using the 1976 National 
Emergency Act in ways that it had never ever been used before to move 
money around to things because he couldn't get it appropriated through 
a Republican Senate and a Republican House. He couldn't get it done, so 
he moved the money around.
  Anybody who works in the House of Representatives or the Senate 
should be insulted that you want to empower a President--what about if 
Joe Biden starts doing that? Don't you want to have these tools? Or any 
other future President of either party?
  This isn't about Donald Trump. It is about the Trump era, which 
exposed things that need to be fixed, and this law does that.
  Subpoena power--our subpoenas should be enforceable, whether they are 
from a Democratic Congress or a Republican Congress. They are not.
  The Department of Justice needs to have a firewall between the White 
House and the Department of Justice. You can't have the President 
calling up the Department of Justice, telling them to prosecute people 
or make stuff up. Any President of any party shouldn't be able to do 
that.
  Then the President embargoed, stopped money that Congress, a 
Republican Congress, had sent for Ukraine. Just stopped it. But 
apparently, on the other side of the aisle, they feel like their job is 
to be handmaidens in case Trump comes back.
  They don't want to put in the protections now when Joe Biden is 
there, who they carry on about as abusive all the time. Why not put in 
the protections now? Because you want Donald Trump to be able to come 
back and continue these sorts of abuses.
  Mr. COMER. Madam Speaker, I yield 1\1/2\ minutes to the gentleman 
from Utah (Mr. Stewart).
  Mr. STEWART. Madam Speaker, there is so much in this bill to be 
concerned about.
  For the last 5 years, as a member of the House Intelligence 
Committee, I lived through the Russian hoax, I lived through 
impeachment 1, I lived through impeachment 2, all of which are great 
examples of provisions in this bill that harm our democracy. Let me 
talk about just one of them.
  Tucked into this bill's provisions are elements which will rewrite 
the very nature of our democracy, whittling down the meaning of 
government for the people and by the people.
  The President of the United States is elected by the people to run 
the executive branch. The President, by design, is accountable to the 
people. But among the many failures in this bill before us today are 
new sections which would severely restrict the ability of the President 
to remove senior government employees. This will have the effect of 
empowering these senior officials with the ability to paralyze a 
President whose policies they may not agree with, which we saw again 
and again during the Russian hoax, during impeachment 1, and during 
impeachment 2. This sets a dangerous precedent that will create a 
permanent bureaucratic resistance to the duly elected President.
  The danger of these provisions will also set in motion a precedent to 
weaponize the entire intelligence community bureaucracy by allowing 
anonymous individuals to paralyze a President without any 
accountability. If you don't think it is going to happen, I refer you 
back to the Russian investigation hoax, to impeachment 1, and to 
impeachment 2. This guarantees more of this collusion.
  Madam Speaker, I urge my colleagues to vote against this bill.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentlewoman from the great State of California (Ms. 
Lofgren), the distinguished chairwoman of the Committee on House 
Administration.
  Ms. LOFGREN. Madam Speaker, I want to highlight an important element 
of reform that came out of work

[[Page H7584]]

a while ago from the House Administration Committee.
  Most Americans believe that if a foreign adversary reaches out to 
interfere in our elections, the campaign ought to report that to law 
enforcement. Instead, as we saw in the previous administration, 
campaign officials welcomed and, in some cases, even solicited foreign 
assistance for political activities. This bill creates a duty to report 
illicit offers of campaign assistance from foreign governments to law 
enforcement.
  It also clarifies what is a thing of value. It includes information 
sought or obtained for political advantage, like opposition research.
  It ensures that individuals engaging in misconduct with foreign 
actors to influence our elections would be held accountable. It also 
ensures that foreign money cannot influence our politics through State 
and local ballot initiatives and referenda, closing a loophole that 
recently was created by the FEC.
  Now, it is astounding to hear criticism of the idea that the FBI 
should be notified when a foreign adversary is trying to corrupt our 
elections. We all know that that should happen.
  To distrust our law enforcement agencies when it comes to protecting 
our country from this kind of attack--which is what it is--from a 
foreign adversary is shocking. Support this bill.

  Mr. COMER. Madam Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Mrs. Miller).
  Mrs. MILLER of Illinois. Madam Speaker, I rise today in opposition to 
H.R. 5314.
  Bringing H.R. 5314 to the House floor this week shows that the 
Democrats' priority is partisan politics, not policies that will 
directly benefit the American people.
  If Democrats were serious about bipartisan reforms, they wouldn't be 
pushing a bill like H.R. 5314. This bill is nothing but a continuation 
of the Democrats' obsession with President Trump. He lives rent free in 
their heads.
  This bill incorporates several unnecessary ``reforms'' that are 
nothing but an attempt to validate House Democrats' baseless 
investigation of the Trump administration.
  It is a huge red flag that H.R. 5314 was referred to nine committees 
and not one Democrat-led committee has held a hearing or a markup on 
the legislation. This legislation is being pushed through without 
proper order, and I oppose it.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes 
to the gentleman from the great State of California (Mr. Schiff), the 
distinguished chair of the Permanent Select Committee on Intelligence.
  Mr. SCHIFF. Madam Speaker, I rise in support of the Protecting Our 
Democracy Act. I am very proud to sponsor this legislation, and I am 
grateful for the partnership of many chairs and Members who contributed 
to the effort, as well as the leadership of Speaker Pelosi.
  Our system was founded upon a respect for the rule of law and a 
carefully constructed balance of power among the three branches. That 
system has, throughout history, been tested. Just as, after Watergate, 
Congress worked to pass reforms like campaign finance laws and new 
ethics rules, so we must now examine the cracks in the democratic 
foundation and address them.
  That is precisely what this bill does. It will prevent Presidential 
abuses of power, ensure the independence of our justice system, and 
reinforce the system of checks and balances.
  Specifically, among other things, it would prevent corruption or 
misuse of the pardon power. It would ensure that Congress may exercise 
its constitutionally mandated oversight responsibilities and enforce 
subpoenas in a timely manner. It protects whistleblowers and expands 
the independence of inspectors general. It reestablishes Congress' 
power of the purse.
  This bill has garnered support from groups across the political 
spectrum because it is not about politics; it is about the survival of 
our democratic system of government. Many of the reforms included in 
this package are sponsored and supported by Republicans as well as 
Democrats.
  I urge all of my colleagues in Congress to support the Protecting Our 
Democracy Act. The day that we were sworn into office, we made a sacred 
pledge of allegiance and loyalty to the United States. This bill places 
our oath to democracy and the Constitution above party politics. This 
is a moment and a vote when we have the opportunity to fulfill that 
oath.
  Mr. COMER. Madam Speaker, I was hoping the chairman of the 
Intelligence Committee was going to present the evidence of Russian 
collusion during his time, but apparently not.
  I yield 1 minute to the gentleman from Wisconsin (Mr. Fitzgerald).
  Mr. FITZGERALD. Madam Speaker, I rise today in opposition to H.R. 
5314. The bill is simply another political attack by the Democrats on 
President Trump. It also destroys the separation of powers between the 
President and Congress.
  I introduced an amendment to the bill to require Congress to be 
notified when the AG terminates a special counsel, but unfortunately, 
the Rules Committee failed to adopt it.
  My colleagues on the other side of the aisle spent the last several 
years peddling bogus allegations that President Trump colluded with 
Russia. Now the Durham investigation has proved these allegations were 
a sham that wasted years of time and resources, and now we know the 
Clinton campaign paid Fusion GPS to draft the dossier as opposition 
research.
  Fusion GPS relied on information from Igor Danchenko, a Russian who 
worked at the Brookings Institution. Mr. Danchenko based his 
information on tales from Chuck Dolan, a public relations executive who 
worked for the Hillary Clinton campaign in the past. The whole scheme 
was a vicious circle that began and ended with the Clinton campaign.
  We cannot have a bill that works to prevent overreach by one branch 
of government. I urge my colleagues to oppose the bill.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentleman from the great Commonwealth of Kentucky (Mr. 
Yarmuth), the distinguished chairman of the Committee on the Budget.
  Mr. YARMUTH. Madam Speaker, democracy is not static. It is not self-
effectuating. It requires a concerted effort to keep and a willingness 
to stand up against those who would seek to undermine it.
  The bill before us reaffirms our commitment to democracy, 
transparency, accountability, and a strong system of checks and 
balances.
  Our Founders knew that the power of the purse would be fundamental to 
the separation of powers and to our democratic government itself, and 
they explicitly gave that power to Congress, the branch most responsive 
to the will of the people.
  However, over the past few decades, the executive branch has 
encroached on our constitutional spending authority, and dangerous 
precedents have been set. Presidents and agencies of both parties have 
pushed the boundaries, seeking more control of spending powers. The 
previous administration's disregard for the rule of law and contempt 
for institutional norms made even more clear the need for laws that can 
withstand a lawless executive.
  The commonsense reforms in this landmark legislation will restore 
Congress' central role in funding decisions, increase executive 
transparency, and add teeth to our budget laws. None of these 
provisions or the many others in this legislation is partisan. After 
all, this bill was introduced during the Trump administration, and it 
is being advanced during the Biden administration. It is solely about 
shoring up the separation of powers and maintaining the rule of law.
  Therefore, I encourage my colleagues on both sides to uphold our 
sworn duty to defend the Constitution and vote ``yes'' on the 
Protecting Our Democracy Act.
  Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. McClintock).
  Mr. McCLINTOCK. Madam Speaker, setting aside the Democrats' neurotic 
obsession with all things Donald Trump, this measure has many 
provisions that would receive bipartisan support if the bill's author 
were so inclined.
  But when we speak of protecting democracy, we need to remember what 
democracy is. It is the process by which the sovereign people, through

[[Page H7585]]

elections, decide who will control and direct the powers that we 
entrust to our government.
  ``The executive power shall be vested in a President of the United 
States of America.'' If the executive branch begins to operate 
independently of the President, the will of the people is thwarted and 
democracy is diminished.
  For example, the Tenure of Office Act limited the President's 
authority to remove Cabinet officers, a dangerous concept ultimately 
repealed by the Congress and repudiated by the Supreme Court. 
Provisions in this bill, such as those that interfere with Presidential 
appointments, cross that very bright constitutional line.

                              {time}  1300

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes 
to the gentleman from New York (Mr. Nadler), the distinguished chairman 
of the Committee on the Judiciary.
  Mr. NADLER. Madam Speaker, I rise in strong support of the Protecting 
Our Democracy Act.
  Transparency and accountability are the bedrock of our democratic 
system. They are the essential guardrails that protect against 
unchecked executive power. Unfortunately, the Trump administration 
exposed certain vulnerabilities in the fabric of our democracy by 
engaging in conduct that was once unthinkable, and like the reforms 
enacted post-Watergate, we must now act to prevent similar abuses from 
a future President.
  Although many of these provisions were informed by our experience 
with the prior administration, they are pointedly not anti-Trump 
measures. Rather, they are forward looking, and they protect against 
the abuses by future Presidents of any party. Importantly, many of them 
are also based on proposals that have bipartisan support.
  I am especially proud of the provisions in this bill that fall within 
the Judiciary Committee's jurisdiction.
  These include requiring an expedited, streamlined process for 
enforcing Congressional subpoenas in court. This would prevent an 
administration from stonewalling Congressional oversight and then 
evading accountability for years while the courts resolve the issue.
  To address abuses of the clemency power, the bill requires additional 
transparency, and it reaffirms that abuses of the clemency power can 
form the basis of a bribery scheme and that self-pardons are 
prohibited.
  It pauses the statute of limitations on Federal offenses during a 
President and Vice President's term in office to ensure that they can 
be held accountable for criminal conduct just like any other American.
  And it addresses improper communications between the White House and 
the Department of Justice, an all too common occurrence under the last 
administration.
  Madam Speaker, when the Nation's Founders wrote the Constitution, 
after having just fought a war against a tyrant, they stood fast to a 
key principle, that the executive must not be a king and must instead 
be accountable to Congress, to the people, and ultimately, to the rule 
of law. It is vital that we reassert this important principle.
  The Protecting Our Democracy Act would restore these and other checks 
and balances that are so fundamental to our democracy.
  I urge all Members to support this vital legislation.
  Mr. COMER. Madam Speaker, I yield 4 minutes to the gentleman from 
Illinois (Mr. Rodney Davis), the ranking member of the House 
Administration Committee.
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I thank my good friend, 
the gentleman from Kentucky, for yielding. The bill we are debating 
here today, the so-called Protecting Our Democracy Act, is another 
attempt by the outgoing majority to relitigate many of the Democrats' 
sham investigations. Many of the bill's provisions are unnecessary and 
recycled attempts to take away individual States' sovereignty. If we 
were really here to talk about protecting our democracy, then we would 
focus on the importance of voter rolls list maintenance to ensure only 
eligible citizens are able to vote in Federal elections.
  Congress passed the bipartisan National Voter Registration Act in 
1993. That is almost 30 years ago. This law requires States to conduct 
regular list maintenance to ensure their voter rolls are kept up to 
date. This simple, commonsense requirement is incredibly important for 
voter confidence in our entire election process and its outcomes.
  However, the Biden DOJ refuses to enforce it. Instead, Progressives 
focus on defunding the police and embracing lawlessness, keeping our 
economy and Capitol shut down while ignoring the science, labeling 
concerned parents as extremist threats, and weaponizing the DOJ to go 
after them, and pursuing reckless, unnecessary spending that is driving 
the inflation every single American feels in their pocketbook.
  If Democrats were really focused on protecting our democracy, the 
Biden Justice Department would investigate States like California where 
the number of registered voters far exceeds the number of adults in the 
State. Senator Alex Padilla, a newly appointed Senator from the State 
of California, knew about the problem and refused to address it when he 
was Secretary of State in California during the last election cycle.
  Republicans care about election integrity because our constitutional 
republic means nothing if our citizens don't have faith in our 
elections.
  When everyday Americans hear more and more reports of individuals on 
active voter rolls who have moved to another State, died, or are 
noncitizens, it frustrates them because it calls into question whether 
their valid vote actually counts. One eligible person, one whole non-
diluted vote.
  It is so frustrating because the fix is so simple, but Democrats 
refuse time and time again to address this problem. It is common sense 
and has been Federal law for decades that only eligible Americans 
should be on our voter rolls.
  Republicans want every eligible voter who wants to vote to exercise 
that right. Democrats dilute your vote, but Republicans restore it.
  I am here today to talk about protecting our democracy, and I think 
the only way to do that is to make sure Americans know our elections 
have integrity.
  So today, I am calling on the radical Biden Justice Department to do 
the right thing and enforce Federal law across the board. Stop 
investigating parents that want to be involved in their children's 
education. Stop supporting efforts to defund our men and women in blue 
resulting in the lawlessness that we see ravaging our great country.
  Focus on what really matters. Protect our democracy, protect our 
vote, and ensure States like California conduct voter roll list 
maintenance so that voters know only eligible American citizens are 
able to vote.
  Madam Speaker, I include in the Record a report from the Department 
of Justice IG detailing the DOJ's official policy not to enforce 
Federal voter list maintenance requirements.

[From the U.S. Department of Justice, Office of the Inspector General, 
                              March 2013]

 A Review of the Operations of the Voting Section of the Civil Rights 
                                Division


      V. Enforcement of the National Voter Registration Act (NVRA)

       In this section we review the Voting Section's history of 
     enforcing the National Voter Registration Act, the so-called 
     motor-voter law. Enacted in 1993, the NVRA has. two primary 
     purposes: to increase the number of eligible citizens who 
     register to vote in federal elections and to protect the 
     integrity of the electoral process. 42 U.S.C. 1973gg(b). 
     Critics have alleged that CRT leadership during the prior 
     administration favored enforcement of the list-maintenance 
     (electoral integrity) provisions because those provisions 
     purportedly are more strongly supported by Republicans and 
     remove more potential Democratic voters from the rolls. 
     Conversely, critics of the current CRT leadership allege that 
     it has neglected the electoral integrity provisions of the 
     NVRA in favor of enforcing the voter access provisions, 
     because these provisions purportedly are supported by 
     Democratic constituencies and lead to the registration of 
     more voters who are likely to support Democrats. Without 
     opining on the underlying political assumptions, we examine 
     both of these allegations in this section.


           A. Data Regarding Enforcement Trends in NVRA Cases

       Figure 3. 7 below displays the number of NVRA enforcement 
     actions initiated by the Voting Section on an annual basis 
     since January 1995, when the statute became effective in most 
     states. Figure 3. 7 is broken down by actions that enforced 
     the statute's list-maintenance provision (Section 8(a)(4)), 
     actions

[[Page H7586]]

     that enforced the voter registration provisions (Sections 5, 
     6, 7, and the improper purging paragraphs of Section 8), and 
     actions that brought both types of claims.
       The most noteworthy trend in the Department's enforcement 
     of the NVRA relates to the statute's voter list-maintenance 
     provision, Section 8(a)(4). In the 17 years since the statute 
     became effective, the Department has asserted list-
     maintenance claims on 7 occasions, 6 of which occurred in a 
     3-year span between 2004 and 2007. According to Hans von 
     Spakovsky, CRT leadership initiated an effort to enforce 
     Section 8's list-maintenance provision in late 2004. Von 
     Spakovsky told the OIG that he recommended to Division 
     leadership exploring those cases because he believed that the 
     Department had never conducted a systematic review of states' 
     list-maintenance compliance in the 10 years since the NVRA 
     became effective. This effort ultimately resulted in the 
     filing of a complaint alleging list-maintenance claims in 
     2005 and 2006. According to witnesses involved in the four 
     other matters involving list-maintenance claims brought 
     between 2004 and 2007, those claims arose when the Section 
     obtained evidence suggesting a failure to comply with the 
     list-maintenance provision during the course of ongoing 
     investigations into other voting-related matters.


              B. Enforcement of the NVRA during 2001-2008

       We received allegations that the only NVRA cases that 
     Division leadership wanted to pursue during this period were 
     Section 8(a)(4) list-maintenance claims, at the expense of 
     cases to protect or increase voter registration under other 
     provisions of the NVRA. Critics further alleged that the 
     Division's leadership was particularly focused on bringing 
     such list-purging cases in political swing states and large 
     Democratic jurisdictions. The Division's leadership denied 
     any such focus and identified several cases approved by 
     Division leadership to controvert the suggestion that NVRA 
     enforcement decisions were driven by a partisan agenda. We 
     examined the entire range of NVRA cases pursued during 
     January 2001 to January 2009 in order to address this issue.
       From January 2001 through January 2009, the Department was 
     involved in 12 NVRA enforcement matters, summarized in Table 
     3.2.
       As reflected in Table 3.2, the Voting Section began filing 
     list-maintenance cases in 2004. As noted above, von Spakovsky 
     confirmed that Division leadership initiated an effort in 
     2004 to enforce Section 8's list-maintenance provision on a 
     systemic basis. Von Spakovsky told the OIG that he 
     recommended exploring those cases because he believed the 
     Department had never conducted a systematic review of states' 
     list-maintenance compliance in the 10 years since the NVRA's 
     enactment.
       Division leadership directed the Voting Section to conduct 
     the research effort, to review the census data and voter 
     registration data for all 50 states to determine which states 
     had more people registered to vote than the voting-age 
     population, as reflected in the census data. Based on the 
     results of this research, the Section sent letters to 12 
     states, stating that the Section's review of relevant data 
     indicated that the state may not be complying with Section 
     8's list-maintenance provision and requesting information on 
     their efforts to remove ineligible voters from their 
     registration lists.
       Von Spakovsky told the OIG that some of the targeted states 
     responded to the Department's letter, explained why there was 
     a discrepancy in the data, and established that they were 
     complying with the NVRA's list-maintenance requirements. He 
     also stated that a number of states failed to show that they 
     were in compliance with Section 8(a)(4) and that the Section 
     proceeded toward enforcement actions against those non-
     compliant states.
       Division leadership approved the filing of two complaints 
     as a result of this enforcement initiative. In November 2005, 
     the Section filed a lawsuit against the state of Missouri 
     alleging both improper purging and failure-to-purge 
     violations. In June 2006, the Section filed a complaint 
     against Indiana alleging that the state failed to conduct 
     list purging as required by Section 8(a)(4). The Indiana case 
     was resolved by a settlement agreement, but the Missouri case 
     continued until early 2009, when the Division voluntarily 
     dismissed the case.
       In 2006 and 2007, Division leadership approved three 
     additional complaints containing Section 8(a)(4) list-
     maintenance claims, against the States of Maine and New 
     Jersey and the City of Philadelphia. According to the Voting 
     Section attorney supervising those efforts, these complaints 
     did not arise out of the enforcement initiative described 
     above. Instead, the complaints were brought as a result of 
     investigations under the Help America Vote Act (HAVA) that 
     uncovered evidence of both HAVA and NVRA violations. The 
     Section ultimately settled the lawsuits with Maine, New 
     Jersey, and Philadelphia. In each settlement agreement, the 
     jurisdiction agreed to implement specific steps to satisfy 
     its list-maintenance obligations.
       In August 2007, Voting Section Chief John Tanner initiated 
     a program to enforce Section 7 of the NVRA, requiring states 
     to provide voter registration opportunities in public 
     assistance and disability offices. Section attorneys reviewed 
     federal Election Assistance Commission (EAC) data to identify 
     states that were not meeting Section 7's requirements and 
     discovered 18 states that reported registering 0 voters in 
     offices providing public assistance over the previous 2-year 
     period. Following further investigation, the Section entered 
     into settlement agreements with Arizona and Illinois to 
     resolve Section 7 violations.
       In 2007 and 2008, Voting Section teams reviewed EAC data 
     and census information to identify states that might not be 
     in compliance with the NVRA'sSection 8(a)(4) list-maintenance 
     requirements. The teams identified states in which a 
     significant percentage of the counties or electoral 
     jurisdictions had more registered voters than voting-age 
     population. The teams recommended to Division leadership that 
     the Voting Section initiate investigations into the states 
     that failed to meet the relevant criterion. The states that 
     were the subject of these recommendations included some 
     states that historically have consistently favored one party 
     in presidential elections as well as political ``swing 
     states.'' The 2007 recommendation was approved and the 
     Section later issued requests for information to the relevant 
     states. Ultimately, however, no further enforcement action 
     was taken arising out of this effort. The investigations that 
     were proposed in late November 2008 were never approved by 
     either the outgoing or the incoming administrations.


              C. Enforcement of the NVRA during 2009-2012

     1. Division Leadership Declines To Act on Voting Section 
         Proposal for Section 8 Investigation
       In February 2009, shortly after the new administration took 
     office, the Voting Section submitted a memorandum to Division 
     leadership requesting approval to initiate investigations 
     into the list-maintenance procedures of a State (``State 
     E''). According to the State E memorandum, voter-registration 
     data indicated that roughly 22 percent of State E's counties 
     had more registered voters than either the voting-age 
     population or the citizen voting-age population. The 
     memorandum stated that the Section had been alerted to State 
     E's potential list-maintenance failures in connection with an 
     unrelated Section 5 investigation. We were told that the 
     Section never received a response from Division leadership to 
     the proposal memorandum.
     2. Drafting of NVRA Guidance
       In the spring of 2009, a few months after the inauguration 
     of the new administration, the Department commenced an effort 
     to draft public guidance concerning the requirements of NVRA 
     Section 7. Samuel Hirsch, who joined the Department in March 
     2009 as a Deputy Associate Attorney General and led the NVRA 
     guidance effort, described the project as rewriting the NVRA 
     in plain terms and posting it on the CRT website to assist 
     those running state governmental offices in complying with 
     the NVRA's requirements. Hirsch told the OIG the original 
     scope of the NVRA guidance project was limited to Section 7 
     because the administration believed that Section 7 had been 
     somewhat ignored by state government officials. According to 
     Hirsch, there was a sense in the administration that NVRA 
     Section 8 and other provisions were working fairly well, 
     but that Section 7 ``was slipping through the cracks.''
       DAAG Julie Fernandes and AAG Thomas Perez became involved 
     in the NVRA guidance project after they joined the Department 
     in July and October 2009, respectively. According to 
     Fernandes, she expressed concern to Hirsch that the project 
     was limited to Section 7 and proposed broadening the guidance 
     to include other NVRA provisions, such as Sections 5 and 8. 
     Perez also told the OIG that in early 2010 he instructed that 
     the guidance include a discussion of all NVRA provisions, 
     including the list-maintenance provisions. Hirsch told the 
     OIG that he did not oppose expanding the guidance to include 
     Section 8, but stated that he may have been opposed to 
     holding up the release of the Section 7 guidance while 
     preparing the Section 8 segment. The Division ultimately 
     posted guidance concerning NVRA Sections 5, 6, 7, and 8 on 
     its website in June 2010.
     3. Comments by DAAG Julie Fernandes Regarding NVRA 
         Enforcement at a November 2009 Section Meeting
       DAAG Julie Fernandes told the OIG that she urged Voting 
     Section Chief Christopher Coates to hold section-wide 
     meetings shortly after she joined the Department in July 
     2009. As a result, the Voting Section held several brown-bag 
     lunches. In addition to the September meeting at which 
     Section 2 enforcement was discussed as outlined above, 
     another session devoted to NVRA matters was held on November 
     10, 2009.
       At some point during the November meeting, the discussion 
     turned to the enforcement of the NVRA's voter list-
     maintenance provision in Section 8. Witnesses who recalled 
     Fernandes's statements uniformly remembered that she said 
     something to the effect that she was more interested in 
     pursuing cases under NVRA Section 7 than Section 8 because 
     Section 8 does not expand voter access. Witnesses' 
     recollections of the context of Fernandes's statements, her 
     precise wording, and the meaning of her comments, however, 
     varied widely.
       Thirteen witnesses told the OIG that Fernandes stated that 
     she ``did not care about'' or ``was not interested'' in 
     pursuing Section 8 cases, or similar formulations. For 
     instance, Chris Herren, who was later promoted by current 
     Division leadership to Section Chief, told the OIG that 
     Fernandes made a controversial and ``very provocative'' 
     statement at this brown bag lunch. In particular, Herren 
     stated that Fernandes stated

[[Page H7587]]

     something to the effect of ``[Section 8] does nothing to help 
     voters. We have no interest in that.'' Herren told the OIG 
     that he winced when he heard Fernandes's response because he 
     believed it would raise a controversy. Two other Section 
     attorneys took handwritten notes at the meeting, both of 
     which quoted Fernandes saying that she did not ``care'' about 
     Section 8.
       Ten attorneys who attended the meeting told the OIG that 
     they interpreted Fernandes's comments to be a clear directive 
     that Division leadership would not approve Section 8 list-
     maintenance cases in the future. One Section attorney told 
     the OIG that he understood Fernandes's statements to mean 
     that proposing a Section 8 case would be futile and that he 
     believed proposing Section 8 could be detrimental for the 
     attorneys.
       Seven Voting Section attorneys told the OIG, however, that 
     they did not believe Fernandes said that the Division would 
     not enforce Section 8 of the NVRA. Among these were three 
     Deputy Chiefs who told the OIG that they believed Fernandes 
     meant that Section 7 cases would be prioritized over Section 
     8 matters, but that they did not construe her statement to 
     mean that Section 8 cases would not be approved. Those 
     attorneys who were generally identified as being more 
     conservative tended to recall that Fernandes took the more 
     extreme position, while those generally identified as being 
     more liberal tended to recall her statements as being more 
     limited.
       Fernandes told the OIG that she did not recall exactly what 
     she said at the November brown bag lunch regarding 
     enforcement of Section 8 of the NVRA. She said that she and 
     the Section staff discussed the NVRA and what their approach, 
     goals, and strategy should be. She said that she talked about 
     how Division leadership is interested in creating equal 
     opportunity for minority voters. Fernandes further told the 
     OIG that she talked about wanting the Section to focus on 
     voter access, which would involve NVRA Sections 5, 7, and 8, 
     all of which are in the vein of ensuring that jurisdictions 
     have a fair and accessible process for all voters. She stated 
     that she recalled being asked about Section 8 and that her 
     response included something to the effect that Division 
     leadership's focus is on the provisions of the NVRA 
     pertaining to voter access.
       With respect to the comments attributed to her that she did 
     not care about enforcing Section 8, Fernandes told the OIG 
     that she did not think she said the words ``don't care'' 
     about enforcing Section 8 because that is not her position. 
     Fernandes denied saying that she or Division leadership had 
     no interest in pursuing Section 8 cases. Fernandes said that 
     she believed her comment about not caring was in the context 
     of how to determine what jurisdictions they should target for 
     enforcement, given that she believed there is widespread 
     noncompliance with the NVRA.
       Fernandes noted that the list-maintenance provision of 
     Section 8 requires jurisdictions to employ reasonable, non-
     discriminatory measures to ensure that people who are 
     eligible can vote and those who are ineligible cannot. 
     Therefore, Fernandes stated, she does not care whether a 
     jurisdiction's voter list is big, but rather whether it has a 
     list-maintenance program that does not work. She explained 
     that the fact that a jurisdiction's voter list is too big 
     means that the Section may want to inquire about the 
     jurisdiction's list-maintenance program, but that alone would 
     not justify bringing a lawsuit.
       Roughly one year later, in September 2010, allegations 
     concerning Fernandes's comments at the brown bag lunch 
     regarding NVRA enforcement surfaced in news media. Fernandes 
     and other Division leadership personnel assisted other 
     Department officials in preparing talking points to address 
     the allegations and Fernandes stated in one of the relevant 
     e-mails: ``If we are o.k. with having priorities, we should 
     say that we have a priority on the enforcement of the NVRA, 
     with a focus on the parts of the statute that require states 
     to provide voter registration opportunities in a variety of 
     settings.''
     4. Approval of List-Maintenance Investigations
       In September 2009, the Section submitted a memorandum to 
     DAAG Fernandes requesting authority to initiate formal 
     investigations into the list-maintenance procedures of eight 
     states. The recommendation was based on the Section's review 
     of an EAC report that contained voting-related data from each 
     of the 50 states covering the period from November 2006 to 
     November 2008. A Deputy Section Chief supervised a team of 
     Section attorneys that reviewed the EAC report for anomalous 
     entries, particularly states that reported that throughout 
     the 2-year period they did not remove any voters from their 
     rolls due to death or that they had not issued any voter-
     removal notices related to citizens who were believed to have 
     moved out of the state. The team identified eight states that 
     met one of those criteria, four of which reported removing 
     zero ineligible voters from their rolls over the 2-year 
     period for any reason, including death, change of address, 
     disqualifying criminal conviction, or mental incapacity.
       The team presented the relevant data in its memorandum to 
     DAAG Fernandes and stated that the information suggested that 
     the eight states in question were not fulfilling their list-
     maintenance obligations under Section 8. As a result, the 
     team recommended initiating formal investigations of the 
     states in question and directing inquiries to relevant state 
     officials.
       Fernandes told the OIG that, after receiving the proposal 
     for the Section 8 investigations, she told Section Chief 
     Coates that he needed to ``hold off' because she was not 
     ready to decide whether this was the proper approach for NVRA 
     enforcement. Fernandes told the OIG that she believed the 
     Section's NVRA work when she became DAAG in July 2009 was 
     disorganized and that its process for evaluating NVRA matters 
     was ``random, unstrategic, [and] not very well thought-out.'' 
     She said that Division leadership and Voting Section 
     management were therefore engaged in a process of identifying 
     what their NVRA enforcement strategy should be by reviewing 
     where the Section had focused its enforcement efforts in the 
     past, determining which areas had been neglected, and 
     developing an analytical model to bring NVRA cases.
       According to Fernandes, she and Division leadership 
     believed that the NVRA enforcement efforts from January 2001 
     through January 2009 had focused on Section 8's list-
     maintenance cases, largely to the exclusion of the voter-
     registration provisions in Section 7, which she believed had 
     been underenforced and neglected. While we found no evidence 
     that she examined any data to support this belief, it was 
     consistent with what we found to be the prevailing belief 
     about the prior administration's efforts in this area. 
     Fernandes stated further that she believed the way to 
     ``rectify this imbalance was to determine what Section 7 
     efforts were in process, whether they were being performed 
     correctly, and whether the Section should expand its Section 
     7 enforcement further. Fernandes stated that her supervisors 
     were pressuring her to move forward on Section 7 enforcement 
     and that she received a clear message that they viewed 
     enforcing Section 7 as a higher priority than Section 8. She 
     told the OIG that she believed she had to ``scratch the 
     Section 7 itch before turning to Section 8 matters and that 
     her supervisors would have criticized her if she had approved 
     Section 8 efforts first. She also noted that there was 
     significant criticism of the Department from civil rights 
     groups that their Section 7 enforcement efforts had been 
     inadequate, saying they had gotten--and continued to get--
     ``beat up all the time by [their] lefty friends not doing 
     enough on Section 7.''

  Mr. RODNEY DAVIS of Illinois. This is a report from the DOJ's IG. It 
takes this many pages to tell the American voter that they are not 
going to enforce Federal law in ensuring that States actually provide 
and exercise the required voter list maintenance. This is an affront to 
election integrity in our great country, and it needs to end today.
  Let's protect our democracy, and let's work together to make that 
happen.
  Mr. COMER. Madam Speaker, may I inquire how much time I have 
remaining?
  The SPEAKER pro tempore (Ms. Clark of Massachusetts). The gentleman 
from Kentucky has 15\3/4\ minutes remaining.
  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself 
such time as I may consume.
  I include in the Record a letter of support for the Protecting Our 
Democracy Act listing over 150 organizations supporting this important 
legislation. We have widespread support across this Nation.
                                                  October 6, 2021.

 Over 150 Organizations Send Joint Letter Urging Congress To Pass the 
                      Protecting Our Democracy Act

       Dear Members of Congress: The undersigned organizations, on 
     behalf of the millions of Americans our groups collectively 
     represent, write to urge you to support and pass the 
     Protecting Our Democracy Act.
       For decades, congressional authority has been undermined by 
     the executive branch, diminishing the ability of Congress to 
     fulfill its constitutional duties, to protect the rule of 
     law, and to hold all presidents accountable for overreaches 
     and abuses of power. The last time Congress passed 
     significant reform to protect our democracy from abuses of 
     executive power was after the Watergate scandal. The time has 
     come for new guardrails to reassert Congress' role as a 
     coequal branch of government.
       Today, lawmakers on both sides of the aisle and in both 
     chambers have an interest in restoring the checks and 
     balances entrusted to them in our Constitution. The 
     Protecting Our Democracy Act would do just that by restoring 
     the powers the Founders vested in the legislative branch to 
     serve as a check on the executive without infringing upon the 
     president's constitutional powers.
       Among other reforms, this historic bill would:
       Strengthen Congress's ability to oversee the executive 
     branch by fortifying congressional subpoena power by 
     providing expedited consideration of subpoena enforcement by 
     courts, so the executive branch cannot run out the clock on 
     congressional oversight;
       Ensure inspectors general are qualified and empowered to 
     hold federal agencies accountable without fear of reprisal by 
     requiring the

[[Page H7588]]

     president to have ``good cause'' for removing an inspector 
     general and enhancing reporting requirements when there is a 
     vacancy;
       Ensure whistleblowers can continue shining light on 
     corruption and abuses of power that betray the public trust 
     by enhancing protections against retaliation, providing legal 
     defenses for whistleblowers against civil and criminal 
     liability, and allowing whistleblowers to have their day in 
     court;
       Reinforce Congress's constitutional powers over spending 
     and the power of the purse by requiring the Office of 
     Management and Budget to make public basic information about 
     the management of federal funds, and reporting to Congress to 
     ensure those funds are spent in accordance with the law;
       Prevent political interference with the U.S. Department of 
     Justice by putting a permanent, statutory requirement in 
     place that will ensure transparency and accountability 
     related to their communications with the White House;
       Strengthen the Hatch Act to protect federal agencies from 
     being used for political purposes and ensure senior political 
     appointees are held accountable under the law the same way 
     other federal employees are.
       Prevent abuse of the president's pardon power by increasing 
     transparency of the pardon process, prohibiting self-pardons 
     by the president, and clarifying that pardons are ``official 
     acts'' for the purposes of federal bribery statute;
       Provide for enforcement of the domestic and foreign 
     Emoluments Clauses of the Constitution, to prevent a 
     president from profiting from payments by foreign or domestic 
     governments; and
       Secure our elections from foreign interference, by ensuring 
     political campaigns are informed of the laws banning foreign 
     interference and are prepared to comply and report any 
     attempts of foreign interference.
       In this perilous moment for our republic, we believe it 
     should be a top priority for this Congress to repair our 
     democracy, including ensuring that no future president is 
     permitted to abuse the power of their office.
       If enacted, the Protecting Our Democracy Act would protect 
     against future presidential abuses of power, restore the 
     integrity of our democratic institutions, and ensure 
     transparency from the chief executive.
       Given the urgency of this crisis and for these reasons, we 
     call on you to swiftly pass this critical legislation.
           Sincerely,
       20/20 Vision, Academics Stand Against Poverty, 
     Accountability Lab, Affiliation of Christian Engineers, 
     American Federation of Teachers (AFT), American Oversight, 
     American-Arab Anti-Discrimination Committee (ADC), Animals 
     Are Sentient Beings, Inc., Arab American Institute (AAI), 
     Asian Law Alliance, Asian Pacific American Labor alliance, 
     AFL-CIO, Bend the Arc: Jewish Action, Beyond Pesticides, 
     Blacks in Law Enforcement of America, Blue Wave Postcard 
     Movement, Brave New Films, Brennan Center for Justice.
       Campaign Legal Center, Center for American Progress, Center 
     for Common Ground, Center for International Environmental 
     Law, Center for International Policy, Center for Media and 
     Democracy, Center for Progressive Reform, Citizens for 
     Responsibility and Ethics in Washington, Clean Elections 
     Texas, Coalition of Labor Union Women, AFL-CIO, Columbia 
     Legal Services, Common Cause, Communications Workers of 
     America, Community Research, Community Science Institute, 
     Concerned Citizens for Nuclear Safety, Constitutional 
     Alliance, Consumer Action, Corruption kills, Council for a 
     Livable World, CovertAction Magazine.
       Demand Progress, DemCast USA, Democracy 21, Democracy Fund 
     Voice, Democracy Matters, Demos, Disaster Accountability 
     Project, Eco-Justice Collaborative, End Citizens United//Let 
     America Vote Action Fund, Equal Justice Society, Equal Rights 
     Advocates, Essential Information, Faith in Public Life, Fix 
     Democracy First, Fix the Court, Food & Water Watch, 
     Franciscan Action Network, Free Speech Coalition, Inc., Free 
     Speech For People.
       Geos Institute, Global Integrity, Government Accountability 
     Project, Government Information Watch, Green Delaware, 
     Greenpeace USA, Hanford Challenge, Heart of America NW, Hip 
     Hop Caucus, Human Environmental and Leadership Prevalent 
     Center (HELP Center), Indivisible, Information Trust, 
     Institute for Constitutional Advocacy and Protection, 
     Georgetown Law, International Association of Whistleblowers, 
     Iowa Citizens for Community Improvement, Iowa Institute for 
     Public Accountability, Keep Our Republic, Kentucky 
     Environmental Foundation, Kentucky Resources Council, Inc.
       League of United Latin American Citizens (LULAC), League of 
     Women Voters of the United States, Mainers for Accountable 
     Leadership, Michiganders for Fair and Transparent Elections, 
     Mid-Ohio Valley Climate Action, MoneyOutVA, Mormon Women for 
     Ethical Government, MoveOn, Muslim American Law Enforcement 
     Association (MALEA), National Center for Health Research, 
     National Council for Occupational Safety and Health, National 
     Education Association, National Employment Law Project, 
     National Organization for Women, National Security 
     Counselors, National Voter Corps, National Whistleblower 
     Center/Whistleblower Network News, National Workrights 
     Institute, Network for Environmental & Economic 
     Responsibility of United Church of Christ, NETWORK Lobby for 
     Catholic Social Justice.
       New American Leaders Action Fund, New Moral Majority, 
     Niskanen Center, No More Guantanamos, Northwest Immigrant 
     Rights Project, Open The Government, Our Bodies Ourselves, 
     Pax Christi USA, People For the American Way, People's Parity 
     Project, PRESS4WORD2020, Professional Managers Association, 
     Project Blueprint, Project On Government Oversight (POGO), 
     Protect All Children's Environment, Protect Democracy, Public 
     Citizen, Public Employees for Environmental Responsibility, 
     Public Justice Center.
       Republicans for the Rule of Law, Rock the Vote, 
     RootsAction.org, S.T.O.P.--The Surveillance Technology 
     Oversight Project, Secure Elections Network, Senior 
     Executives Association, SIECUS: Sex Ed for Social Change, 
     Sierra Club, SocioEnergetics Foundation, Sojourners, Stand Up 
     America, Stand Up Republic, Strategies for Justice, BWMP LLC, 
     Sustainable Energy & Economy Network, T'ruah: The Rabbinic 
     Call for Human Rights, The Digital Democracy Project, The 
     Ecotopian Society, The National Air Disaster Foundation, The 
     National Vote, The Press Freedom Defense Fund of First Look 
     Institute.
       The Rutherford Institute, The Shalom Center, The Signals 
     Network, The Workers Circle, Transparency International--U.S. 
     Office, Truckers Justice Center, Tully Center for Free 
     Speech, Un-PAC, Union of Concerned Scientists, Unitarian 
     Universalists for Social Justice, UNITED SIKHS, Voices for 
     Progress, Vote Vets, Washington Lawyers' Committee for Civil 
     Rights and Urban Affairs, Washington Office on Latin America 
     (WOLA), WESPAC Foundation, Inc., Whistleblowers of America, 
     Win Without War, Women's Action for New Directions (WAND), 
     Women's International League for Peace and Freedom US, 
     Workplace Fairness, Worksafe, X-Lab.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentleman from the great State of Illinois (Mr. Danny K. Davis), 
the distinguished chair of the Committee on Ways and Means Subcommittee 
on Worker and Family Support.
  Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I thank the chair for 
yielding me time.
  I rise in strong support of H.R. 5314, Protecting Our Democracy Act.
  Democracy generates the notion and the idea that people will get and 
be engaged, involved, heard, and have their wishes met.
  I agree with my colleague from Illinois when he said voters all over 
the country vote for us and they send us here. They vote for our 
colleagues in the Senate and send them there. We make laws. Then they 
expect those laws to be adhered to. No one is above them. No President.
  And we are not obsessed with the former President, but we are 
obsessed with the idea and the hope that we will never have another 
administration like that one. And that is what this legislation is 
designed to do.
  Madam Speaker, I urge support of this legislation.
  Mr. COMER. Madam Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Donalds).
  Mr. DONALDS. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I rise today to express my firm opposition to the 
Protecting Our Democracy Act, otherwise known as PODA.
  I don't have much time to get into a bunch of the provisions, but 
there are many troubling provisions that the American people should be 
fully aware of.
  First, PODA empowers the GSA to provide highly sensitive information 
intended only for the President-elect to the nonvictor if the GSA 
administrator doesn't certify election results within 5 days. This 
would result in an explicit conflict of interest, and there is no 
reason for this political-based decision. It just simply doesn't make 
any sense, Madam Speaker.
  Secondarily, PODA directly targets President Trump--and I know our 
colleagues on the other side of the aisle say it doesn't expressly go 
after President Trump, but it does--over his refusal not to disclose 
his tax records by requiring a Presidential candidate to submit their 
income tax returns for the prior 10 years within 15 days of their 
nomination.
  Now, Madam Speaker, the whole purpose of looking at tax returns, 
quite frankly, is to see if you are in violation of tax law. There is a 
certain thing called a tax lien, and so if the IRS wants to yield a tax 
lien against an individual, that is clear proof to the American people 
that there is an issue with a nominee for the highest office in the 
land not abiding by tax law in the United States.
  This is completely politically motivated, specifically against 
President Trump.

[[Page H7589]]

  Last but not least, Madam Speaker, PODA massively expands FEC's 
jurisdiction, thereby continuing the Democrats' ongoing trend of heavy-
handed Federal involvement and intrusion into State rights.
  I have heard on this floor, being down here for a few minutes, about 
the desire for Congress to want to be able to have more leverage to 
hold the executive accountable. One thing Congress should be doing is 
stop actually yielding so much rulemaking and regulatory authority to 
the alphabet soup of agencies and Congress actually doing that work 
here, as opposed to creating a bill which is obviously targeted with 
one President in mind and trying to create a new rubric here in 
Congress.
  Secondarily, and I think if we can look at some of the metrics 
associated with where the United States is right now versus where the 
United States was at the same time 4 years ago, it is without question 
what a successful administration looks like, one that actually always 
followed the law, was in constant standing with the law, as opposed to 
an administration who issues mandates that are unconstitutional that 
the Federal courts, as we speak, are undermining every single day.
  This is a bad bill. I urge Members to vote ``no'' on this bill.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. COMER. Madam Speaker, I yield an additional 30 seconds to the 
gentleman from Florida.
  Mr. DONALDS. Madam Speaker, if you want to hold the executive 
accountable, if we want to increase Congress' role in parity with the 
executive there are far more things that we should be doing instead of 
this bill. We should be voting ``no.''
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentleman from Virginia (Mr. Connolly), the chair of the 
Subcommittee on Government Operations of the Committee on Oversight and 
Reform.
  Mr. CONNOLLY. Madam Speaker, I thank my friend, the distinguished 
chairwoman of the Oversight and Reform Committee for yielding.

  We just heard obfuscation on the floor of the House hoping that 
people watching will be distracted from the purpose of this bill, which 
is to counter the systematic voter suppression that is occurring in 
Republican-controlled States all over America.
  Instead of enshrining the right to vote and enabling it, Republicans 
want to suppress it, they want to narrow it, they want to make it 
harder for you to vote. Because that is how they win elections, 
apparently.
  This bill, the Protecting Our Democracy Act, led by Mr. Schiff would 
counter that, would enshrine and protect that sacred franchise, which 
is what America was founded to be.
  I also want to highlight an amendment to the bill I provided. On 
October 21, President Trump signed Executive Order No. 13957 to 
undermine the merit system protection of our Federal workforce by 
requiring agency heads to reclassify policy-determining, policymaking, 
or policy-advocating positions.
  At OMB, the Office of Management and Budget, this meant 80 percent of 
its workforce could suddenly be fired or eligible to be fired by the 
executive.
  The Preventing a Patronage System Act preserves congressional 
prerogative by freezing that executive branch ability to unilaterally 
remove classes of Federal employees and restore the civil service as a 
nonpartisan entity.
  I'm proud to support and cosponsor this bill. I urge its passage.
  Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
  It is disappointing that my friend from Virginia would spew 
disinformation about what States are doing. Every State is making it 
easier to vote but harder to cheat, and he knows that.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1315

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentlewoman from Texas (Ms. Jackson Lee), the 
distinguished chair of the Committee on the Judiciary Subcommittee on 
Crime, Terrorism, and Homeland Security.
  (Ms. JACKSON LEE asked and was given permission to revise and extend 
her remarks.)
  Ms. JACKSON LEE. Madam Speaker, I thank the chairwoman for her 
leadership.
  Madam Speaker, it is not about President Trump but it is about his 
behavior. But it is overall about the sanctity of democracy and the 
recognition that behaviors result in the final destination that 
challenges the very core of democracy. January 6, 2021, when Members 
duly sworn to take an oath to defend this Nation and to uphold the 
Constitution were cowering on the floor.
  I stand with enormous support for the Protecting Our Democracy Act. 
Why? Because the Nation needs it and the world is watching. I stand to 
avoid the abuse of the pardon powers that existed clearly in the last 
administration. Need I give a long list of examples? Generals and best 
friends; or then enforcement of the foreign and domestic emolument 
clauses; the horrors of a hotel where many went to pay money into the 
coffers of a President of the United States or enforcement of 
Congressional subpoenas, the very authority that can protect democracy, 
reasserting Congressional power of the purse when dollars were 
manipulated and friends got a lot of dollars.
  So I am believing that this is imperative, security from political 
interference injustice. I might think a noose hanging in the front to 
insist that Vice President Pence be arrested or hung might be an 
interference. I do want to acknowledge the amendment that I offered, 
very quickly.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield an 
additional 30 seconds to the gentlewoman.
  Ms. JACKSON LEE. The amendment indicates that violation by 
officeholders be treated as a violation of oath of office for purposes 
of ineligibility to hold public office under the 14th Amendment.
  And so the collective actions, not a person, but if your actions 
suggest that you are violating democracy, you should not ever run 
again.
  Madam Speaker, I look forward to this amendment becoming law, and I 
look forward to this bill becoming law because we must protect 
democracy. The Constitution says that we have been created to create a 
more perfect union. I insist that we create a more perfect union. 
Support this great legislation.
  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentleman from Illinois (Mr. Quigley).
  Mr. QUIGLEY. Madam Speaker, I thank the chairwoman for yielding.
  The reforms in this bill have been needed for a long time. It is just 
that the previous administration only brought out those needs in sharp 
relief. This legislation will bolster accountability, ensure that 
elected officials use their offices to serve the American people, not 
for personal gain.
  James Madison wrote, ``If angels were to govern men, neither external 
nor internal controls on government would be necessary.'' If we haven't 
noticed, we are down a few angels.
  ``You must first enable the government to control the governed,'' he 
wrote, ``and in the next place oblige it to control itself.'' How he 
knew.
  Madam Speaker, this bill is not about looking back, it is about 
learning from our mistakes of the past to prevent future abuses of 
power. I urge support for this bill.
  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentlewoman from New Mexico (Ms. Leger Fernandez), the 
distinguished chair of the Committee on Natural Resources and 
Subcommittee on Indigenous Peoples of the United States.
  Ms. LEGER FERNANDEZ. Madam Speaker, our democracy is precious and it 
must be protected. The last administration did test and attack it. We 
know we must take action against tyranny. Tyranny battered our doors on 
January 6, and on this floor today, we are going to fight back and 
strengthen our democracy. This act restores accountability, ensures no 
one--no one, not even, and more importantly, never the President--is 
above the law.

[[Page H7590]]

  Foreign governments are interfering in our elections. The last 
President welcomed and clamored for interference in his bid for 
reelection. This bill in contrast protects whistleblowers, it roots out 
corruption, it prevents Presidential abuses of power to keep our system 
of checks and balances sound.
  These principles are not partisan, they are simply American. There is 
nothing more American than voting for a bill to protect our democracy 
and the future of our Nation.
  Madam Speaker, I stand and I ask all my colleagues to stand with our 
Constitution.
  Mr. COMER. Madam Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Rodney Davis).
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I thank my friend from 
Kentucky for yielding.
  Madam Speaker, our most basic duty of the Federal Government should 
be protecting the right for our citizens to vote, but we are not doing 
everything we can to protect that. A disturbing trend across the 
country is that more and more States and localities are allowing 
noncitizens to vote. Furthermore, many States are conducting elections 
that rely on wildly outdated voter lists, many of which include these 
noncitizens.
  In some States, such as California, the voter rolls are so outdated 
that they have more registered voters than people who reside in the 
State. This creates a potential for our citizens' votes to be diluted. 
LA County had over 1.5 million ineligible people on their voter rolls. 
A suit filed by a nonpartisan watch dog alleged that LA County had 112 
percent of its adult citizens registered to vote.

  Under pressure, California and LA County finally agreed to clean up 
their voter rolls in 2019. Unfortunately, when then-California 
Secretary of State Alex Padilla appeared before my committee in 2020, 
he could not confirm that many of those ineligible people had actually 
been removed from California's unmaintained voter rolls. I do not have 
a lot of faith that California is doing everything it can to protect 
the integrity of our elections.
  And then there is New York City, which just decided to allow nearly a 
million noncitizens to vote in city elections. New York can make its 
own bad decisions, but it is our job to ensure that we protect Federal 
elections. Common sense will tell you that combining noncitizens and 
eligible American voters on the same voter rolls is ripe for abuse.
  I will also use a final example from my home State of Illinois. In 
Illinois, noncitizens cannot vote, and if they do, they face major 
legal consequences and could be deported. But in 2016, Illinois' 
automatic voter registration program mistakenly registered to vote more 
than 500 noncitizens who had done the right thing by checking the box 
stating that they are not citizens on their driver's license 
application. However, several of these noncitizens voted in the 2018 
and 2019 elections.
  This does nothing to bolster voter confidence in our elections; in 
fact, it does the opposite.
  Not only does this undermine the integrity of our elections, the 
mistake by Illinois could have had dire consequences for these 
individuals, and it could be prevented if States were being forced to 
maintain accurate voter rolls. Whether intentional or not, we know this 
is happening. It is undermining the integrity of our elections.
  This amendment would simply ensure those who are noncitizens who do 
not have the right to vote in Federal elections are removed from 
States' voter rolls. As someone who has attended many citizenship 
ceremonies as a Member of Congress, it is unthinkable that we have 
States undermining what it means to be a citizen of this great country.
  My office has helped many immigrants go through the legal process to 
become American citizens, and there is nothing better than seeing them 
raise their right hand and swear to support and defend our 
Constitution; to swear to bear arms in defense of this Nation; to swear 
allegiance to this great country.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. COMER. Madam Speaker, I yield an additional 30 seconds to the 
gentleman.
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, there is nothing better 
than to think that their vote, something they worked hard to get, the 
right to vote on something that they worked hard to get the right to do 
is being undermined. That is unthinkable.
  Let's pass this amendment to ensure only citizens are voting in our 
elections and prevent States from putting noncitizens at risk of 
intentionally or unintentionally breaking the law and illegally voting 
in our elections.
  We will offer this solution as a motion to recommit. If we adopt the 
motion to recommit, we will instruct the Committee on Oversight and 
Reform to consider an amendment to ensure States remove noncitizens 
from their voter rolls as part of a regular comprehensive list 
maintenance program.
  Madam Speaker, I ask unanimous consent to insert the text of the 
amendment in the Record immediately prior to the vote on the motion to 
recommit.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentleman from Rhode Island (Mr. Cicilline), the distinguished 
chair of the Committee on the Judiciary, Subcommittee on Antitrust, 
Commercial and Administrative Law.
  Mr. CICILLINE. Madam Speaker, the blatant and corrupt actions that we 
saw during the Trump administration demand that Congress take action to 
prevent any future President or administration officials from 
committing these same abuses of power.
  Our laws have to be equipped to protect the Office of the Presidency 
and hold anyone privileged enough to hold that office accountable for 
their actions.
  The Protecting Our Democracy Act will prevent Presidential abuse, 
restore our system of checks and balances, strengthen accountability, 
and protect our elections.
  I am proud that this package includes one of my pieces of 
legislation, the White House Open Data Act, which will make White House 
visitor logs and salary information easily accessible and available to 
the public. The Presidency demands integrity and transparency. The 
Protecting Our Democracy Act gives us the tools to defend and protect 
our democracy; our most sacred responsibility.
  Madam Speaker, I thank Chairman Schiff for his leadership, and I 
thank Chairwoman Maloney. Let's all stand up today, vote for democracy, 
protect the right to vote so that the world, when they watch this, 
knows that America remains committed and renews today its commitment to 
a great democracy.
  Mr. COMER. Madam Speaker, may I inquire how much time is remaining?
  The SPEAKER pro tempore. The gentleman from Kentucky has 9\1/2\ 
minutes remaining.
  Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from 
North Carolina (Mr. Bishop).
  Mr. BISHOP of North Carolina. Madam Speaker, I thank the gentleman 
from Kentucky for yielding.
  I was just sitting on the floor and it occurred to me, as I listened 
to the debate, that the point just has to be made that the majority is 
so obsessed with Donald Trump that they will run roughshod over the 
Constitution to continue to try to persecute him.

  Do they not see that they twice-impeached him and the court of 
impeachment twice acquitted him?
  Do they defer to the decision of our constitutional process in terms 
of what was just characterized that the President did? Or do they 
stubbornly override that and continue to pursue him endlessly, despite 
what our processes and constitutional provisions require and provide 
for?
  What about the provision requiring Presidents, who the Constitution 
specifies the qualifications for office, that they be required to 
submit private tax returns in order to pursue that office? Perhaps, if 
you'd like it, if it is a tradition to do so, for you to impose it by 
law means you disregard the Constitution of the United States.
  To what end will you go? To what end will you go to prevail?
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentlewoman from Pennsylvania (Ms. Dean).

[[Page H7591]]

  

  Ms. DEAN. Madam Speaker, I thank the chairwoman for yielding.
  Madam Speaker, speaking of running roughshod, no President--
Republican or Democrat--is above the law, but some have tried to be. 
The previous President and his sad followers ignored subpoenas, 
punished whistleblowers, and invited foreign interference in our 
elections. Congress--Republicans and Democrats--must act to protect our 
democracy from any future reckless Presidents, which is why the 
Protecting Our Democracy Act is crucial. This bill will strengthen our 
institutions against future Presidents who seek to abuse their power.
  January 6 showed us that Presidential abuse can find its way to a 
joint session of Congress in a deadly way--140 police officers injured; 
several police officers dead; desecration; trauma. That is why the work 
of the Select Committee to Investigate the January 6th Attack on the 
United States Capitol is so critical. Their subpoenas cannot be 
ignored.
  My Congressional Subpoena Compliance and Enforcement Act, which is 
included in this bill, will standardize and streamline the process so 
that no one can ignore a subpoena with impunity.
  The previous President's abuses reveal the dangerous fault line.

                              {time}  1330

  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentlewoman from California (Ms. Porter), the distinguished 
chair of the Committee on Natural Resources Subcommittee on Oversight 
and Investigation.
  Ms. PORTER. Madam Speaker, I introduced the Stop Foreign Interference 
in Ballot Measures Act to ban foreign contributions to State and local 
ballot initiatives and referenda. I am proud that my bill is part of 
the Protecting Our Democracy Act.
  Foreign interference in our politics ranges from social media 
disinformation paid for by our adversaries to dictators bankrolling 
lobbying on Capitol Hill. Current law permits billions of dollars of 
foreign influence in ballot initiatives. Last year, over $750 million 
was spent in California alone.
  We prohibit foreign contributions to candidates because it protects 
our national security. That same rationale should apply to foreign 
contributions to ballot initiatives and referenda. That is why we must 
pass my bill.
  Money and politics distort the will of the American people. It 
advantages special interests and limits the power of regular Americans. 
When that money is supplied by foreign countries and adversaries, it 
puts our democracy and our national security at risk.
  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentlewoman from North Carolina (Ms. Ross), the distinguished 
vice chair of the Committee on the Judiciary Subcommittee on the 
Constitution, Civil Rights, and Civil Liberties.
  Ms. ROSS. Madam Speaker, I rise today as a proud cosponsor of the 
Protecting Our Democracy Act, which ensures that our government remains 
of, by, and for the people.
  I also rise in support of my amendment, which would establish a task 
force within the Department of Justice to investigate and prosecute, in 
collaboration with State and local governments, threats to election 
officials.
  Poll workers in my home State of North Carolina and their families 
have been subjected to harassment, violent threats, and intimidation, 
all exacerbated by baseless conspiracies like stop the steal.
  We suffered critical shortages of poll workers during the 2020 
elections, and over one-quarter of counties in North Carolina had 
understaffed polling sites. Threats to election officials are threats 
to our democracy and must be stopped.
  Madam Speaker, I urge my colleagues to support poll workers, the 
democratic process, my amendment, and the bill.
  Mr. COMER. Madam Speaker, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute 
to the gentlewoman from California (Ms. Eshoo), the distinguished chair 
of the Committee on Energy and Commerce Subcommittee on Health.
  Ms. ESHOO. Madam Speaker, I thank Congresswoman Maloney for her 
special leadership. I am so proud of my classmate.
  Madam Speaker, as we gather here on the floor, it really is a somber 
day here at the Capitol with the remains of the former majority leader 
of the Senate, Senator Robert Dole. He was a man who fought for our 
democracy, paid for it in terms of the injuries that he sustained 
during the war, and came to Congress to defend our democracy.
  That is what we are doing here on the floor of the House. We are 
working to protect our democracy. I am proud that my legislation is 
included in this. Let me say a few words about it.
  Since Watergate, Presidential candidates and Vice Presidential 
candidates voluntarily put their tax returns out to the public. In 
2016, there were two that were running, one on each side, that did not 
do that. I observed it. I was upset about it. I wrote legislation on 
it.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield such time 
as she may consume to the gentlewoman from California.
  Ms. ESHOO. Madam Speaker, what this legislation does is make it a 
requirement for those who seek the Presidency and the Vice Presidency 
to put out to the public their tax returns. Why? Tax returns contain 
vital information: whether a candidate has paid any taxes, what assets 
they own, how much they have borrowed, who they borrowed it from, have 
they taken advantage of tax loopholes of offshore tax shelters, whether 
they have foreign bank accounts, and if they have made charitable 
contributions.
  Truth and transparency need to be a part of the democratic process. I 
am very proud and grateful that my legislation is contained in a bill 
that overall is called the Protecting Our Democracy Act.
  Madam Speaker, all colleagues should vote for this because we raised 
our hands and pledged to protect our democracy and defend it against 
all enemies, foreign and domestic.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I thank my 
colleague. We came to Congress together, and I thank her for her 
outstanding leadership in this body and her beautiful statement today.
  Madam Speaker, may I inquire how much time remains.
  The SPEAKER pro tempore. The gentlewoman has 3\1/4\ minutes 
remaining.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I have no further 
speakers. I am prepared to close, and I reserve the balance of my time.
  Mr. COMER. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, wow, I heard Donald Trump's name mentioned at least a 
dozen times by my colleagues across the aisle. I am sincerely glad that 
the Democrats spent so much time investigating the President for 
wrongdoing. I am glad that they issued subpoenas investigating the 
President for wrongdoing. I am very happy that, in all the 
investigations conducted by the Intelligence Committee and Oversight 
and Reform Committee, they did not find one ounce of wrongdoing 
committed by President Trump.

  I am also happy that they investigated President Trump's children. I 
think that is fair game. I can promise the American people that very 
soon there will be that type of oversight for the Biden administration 
and the President's son, Hunter, who is in the news almost on a daily 
basis for things that just don't add up. They just don't look good. 
That oversight is coming. The American people can count on that.
  Madam Speaker, after nearly a year in power, it is time for Democrats 
to actually start governing and abandon their obsession with Donald 
Trump.
  H.R. 5314 is full of bad policy that diminishes the power of the 
executive branch and entrenches Washington bureaucrats making law based 
on false conspiracy theories of the bill's sponsor.
  The bill has not proceeded through regular order and is a 
Frankenstein's monster stitched together from various committees' 
jurisdictions, while other whole portions have never undergone 
committee review at all.
  There has been no attempt to seriously vet these substantial changes,

[[Page H7592]]

minimal cooperation with the minority, and no apparent path for the 
bill in the Senate.
  In other words, Madam Speaker, H.R. 5314 is a messaging bill to 
bolster the fundraising efforts of Democrat Members in preparation for 
the 2022 midterms. The Democratic Party should try governing instead.
  Madam Speaker, I urge my colleagues to oppose this bill and oppose 
this reckless legislation. I yield back the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself 
the balance of my time.
  Madam Speaker, I would like to point out to my very good friend and 
colleague, Mr. Comer, that President Trump is no longer President. This 
bill is not about President Trump. If anyone, it is about President 
Biden and our future Presidents and having more oversight, 
accountability, and transparency.
  Now, addressed in this bill are past abuses that have occurred. This 
is not about the past; it is about the future. It is about the future 
of our democracy and the strength of our democracy.
  Democrats are not standing alone. The reforms in this bill have broad 
support from over 150 outstanding groups, including the Brennan Center 
for Justice, the Project On Government Oversight, and many others. I 
have included that list in the Record.
  Madam Speaker, the Protecting Our Democracy Act is a historic package 
of prodemocracy reforms to create or strengthen guardrails and prevent 
the abuse of executive power. Many of the provisions in our bill have 
broad bipartisan support and have literally been authored by 
Republicans.
  You yourself at the Rules Committee said that the President should 
release his taxes. You said that.
  These are issues that both sides of the aisle should be supporting. 
It is time for Congress to restore our authorities as a coequal branch 
of power.
  Madam Speaker, this is about the future, the strengthening of our 
democracy, and I urge strong support from all of my colleagues. I urge 
my colleagues on the other side of the aisle to join us in 
strengthening democracy and urge them to vote with Republicans for this 
very important reform bill.
  Madam Speaker, I yield back the balance of my time.
  Mr. PASCRELL. Madam Speaker, our government is not a piggy bank to be 
pilfered and pillaged by public servants. Trump appointees abused their 
public office to line their pockets and corruptly retain power. The 
crime spree by Trump and his stooges is the worst corruption ever in 
our government.
  According to a recent Office of Special Counsel report, they made a 
mockery of the law. They exploited Hatch Act gaps or ignored it 
altogether.
  My amendment in the en bloc is based on the Political CRIMES Act. I 
thank Congressmam Mike Quigley and Senator Elizabeth Warren for their 
leadership. The amendment enhances the underlying provisions and gives 
the Hatch Act sharper teeth.
  The amendment ensures political appointees cannot get away with 
crimes. It requires disclosure of investigations. It cracks down on 
subpoena evaders. It allows the Special Counsel to continue 
investigations after government service concludes. Offenders like 
Kellyanne Conway and Stephen Miller, and those masquerading as public 
servants like Ivanka Trump and Jared Kushner, violated the Hatch Act 
without major consequence. No longer.
  The amendment also expands the fines for violations. For the first 
time, repeat violators can be held criminally liable. This is real 
accountability.
  Most important, it extends the law to the President and Vice 
President when conducting official duties on federal property.
  You fix a leaky roof in the sun. Not in a storm. With dark clouds 
ahead, we must protect our democracy.
  I am glad my amendment was included, and for the Presidential tax 
return transparency provisions in the bill. Trump and his enablers 
refused to follow the law. For 981 days--longer than the siege of 
Leningrad--our tax return request was illegally blocked by a tag-team 
of the Trump Department of Justice and a Trump-appointed judge.
  Now that the Biden administration will comply with the law, the 
returns should be sent to Congress.
  I urge passage of my amendment and passage of the underlying bill.
  Mr. THOMPSON of Mississippi. Madam Speaker, I rise in support of H.R. 
5314, the ``Protecting Our Democracy Act,'' spearheaded by my friend 
and colleague on the Select Committee to Investigate the January 6th 
Attack on the United States Capitol, Adam Schiff.
  This bill bolsters congressional oversight authority and the 
important powers vested in Congress by Article I of the Constitution. 
It also includes a host of other good-government measures to make our 
entire government more ethical and more accountable to the people we 
serve.
  As chairman of both the Committee on Homeland Security and the Select 
Committee to Investigate the January 6th Attack on the United States 
Capitol, I know firsthand how important congressional oversight is to 
our legislative process. And I have seen how dedicated the forces 
aligned against representative democracy are.
  Protecting our democracy is protecting our homeland, and protecting 
our homeland means protecting our democracy.
  I am particularly supportive of title IV of this bill, which amends 
the United States Code to reaffirm the House's right to enforce its 
subpoenas through civil suits in Federal court. The title would also 
expedite consideration of those suits in the courts and enhance 
penalties for noncompliance with congressional subpoenas.
  While I firmly believe the House already possesses the ability to 
seek civil enforcement of its subpoenas, some recent court decisions 
have questioned it. This bill leaves no room for such doubt.
  Almost a century ago, the U.S. Supreme Court said that Congress needs 
information to govern wisely and effectively, and it must often seek 
out others--often by compulsion--to obtain it. To effectively exercise 
our legislative duties, the Constitution implicitly grants enforcing 
processes.
  Madam Speaker, this bill furthers our ability as legislators to do 
our job wisely and effectively. I encourage my colleagues to join me in 
voting for the ``Protecting Our Democracy Act.''
  Ms. JACKSON LEE. Madam Speaker, thank you for this opportunity to 
discuss briefly the Jackson Lee Amendment No. 17 to Rules Committee 
Print 117-20, the Protecting Our Democracy Act (H.R. 5314), introduced 
by Congressman Schiff of California, the Chair of the House Permanent 
Select Committee on Intelligence.
  This Jackson Lee amendment improves the bill and strengthens an 
important guardrail in the pillars upholding and protecting our 
democracy by providing that any person who, having previously taken an 
oath as an officer of the United States, as a member of a State 
legislature, or as an executive or judicial officer of any State, is 
finally convicted of violating laws prohibiting foreign interference in 
American elections, specifically section 304(j) of the Federal Election 
Campaign.
  The Protecting Our Democracy Act is a sweeping package of reforms to 
prevent presidential abuses and to restore the Constitutional system of 
checks and balances.
  Madam Speaker, the actions of the past Administration revealed 
serious vulnerabilities in our democratic systems--vulnerabilities that 
can and will be exploited again if we do not act urgently to address 
them.
  The Protecting Our Democracy Act will take immediate steps to 
safeguard and strengthen our democracy so no future president--
regardless of political party--can act as if they are above the law.
  And it will restore the accountability and transparency of our 
institutions so that the American people can have confidence in our 
government's ability to address the challenges we face.
  Let me briefly highlight some of the important provisions of this 
vitally important legislation that should be enthusiastically supported 
by all Members.


             TITLE I--ABUSE OF THE PARDON POWER PREVENTION

  The Abuse of the Pardon Prevention Act is designed to deter abuses of 
the pardon power, first, by requiring transparency in circumstances 
where the President uses that power for potentially self-serving 
purposes or in a manner that could undermine the functions of Congress.
  And second, by amending the federal bribery statute to make explicit 
that offering or granting a pardon or commutation may serve as the 
basis for finding criminal culpability under the statute.
  Finally, the Abuse of the Pardon Prevention Act makes explicit that a 
president may not issue a self-pardon.


            TITLE II--ENSURING No PRESIDENT Is ABOVE THE LAW

  The No President is Above the Law Act would suspend the statute of 
limitations for any federal offense committed by a sitting president or 
vice president, whether it was committed before or during their terms 
in office and thus ensure that presidents and vice presidents can be 
held accountable for criminal conduct just like every other American 
and not use their offices as a shield to avoid legal consequences.

[[Page H7593]]

  



 TITLE III--ENFORCEMENT EMOLUMENTS CLAUSES OF THE FOREIGN AND DOMESTIC 
                           EMOLUMENTS CLAUSES

  Madam Speaker, the Foreign Emoluments Clause of the Constitution 
prohibits federal officers from receiving ``presents'' or 
``emoluments'' from foreign nations unless Congress first provides its 
consent, while the Domestic Emoluments Clause bars the President from 
receiving any emoluments from the United States government or from any 
state government.
  The Foreign and Domestic Emoluments Enforcement Act codifies these 
foundational anti-corruption provisions and provides enhanced 
enforcement mechanisms for Congress and for entities within the 
Executive Branch.


            TITLE IV--ENFORCEMENT OF CONGRESSIONAL SUBPOENAS

  The Congressional Subpoena Compliance and Enforcement Act reinforces 
Congress's Article I powers by strengthening its tools to enforce 
lawfully issued subpoenas.
  First, the bill affirms the House's and Senate's authority to enforce 
their subpoenas through civil suits and provides expedited processes 
for these actions, as well as enhanced penalties for noncompliance.
  Second, it specifies the manner in which subpoena recipients must 
comply, including by creating an express requirement to testify and 
produce subpoenaed information and, to the extent any information is 
withheld, to produce a detailed log describing the basis for non-
compliance.


         TITLE V--REAsSERTING CONGRESSIONAL POWER OF THE PURSE

  Madam Speaker, in drafting the Constitution, the Framers built checks 
and balances into the foundation of our democracy to protect against 
monarchy.
  Vesting Congress with the power to make funding decisions--the 
``power of the purse''--is a critical component of that founding 
principle.
  Congress has crafted longstanding, foundational laws to protect its 
authority like the Antideficiency Act (ADA) and the Impoundment Control 
Act (ICA) to prevent federal agencies from misusing federal funds.
  But over time, Presidents and Executive Branch agencies have pushed 
the boundaries of these and other laws designed to prevent executive 
overreach, exploiting secrecy and limitations on enforcement to push 
their own agenda.
  That is why as a member of the Budget Committee, I am very pleased 
that the reforms embodied in the Congressional Power of the Purse Act 
are incorporated in the legislation before us and will help Congress 
reclaim its Constitutional spending authority and safeguard our 
nation's separation of powers.
  Specifically, the Act would restore Congress' central role in funding 
decisions by preventing the President from effectively rescinding funds 
without congressional approval; requiring the Office of Management and 
Budget (0MB) to release funding at least 90 days before it expires, 
whether or not the funding is part of a Presidential rescission or 
deferral request; and closing a budget law loophole that essentially 
lets the President unilaterally block the spending of enacted 
appropriations designated as emergency.
  The Act would put an expiration date on Presidential declarations of 
national emergencies and any special executive authorities triggered by 
those declarations; declarations would expire unless Congress extends 
them.
  The Act would increase transparency in the Executive Branch by 
requiring OMB to make apportionments (legally binding documents that 
make funding available to agencies to spend) publicly available and to 
publish the positions of officials with delegated apportionment 
authority; requiring the DOJ Office of Legal Counsel (OLC) to publish 
opinions instructing agencies on budget and appropriations law; 
requiring the Executive Branch to make public amounts and explanations 
of cancelled or expired fund balances, and amounts and legal 
justifications of obligations incurred by agencies during a lapse in 
their appropriations; and requiring the Executive Branch to report 
violations of the ICA and ADA identified by the Government 
Accountability Office (GAO) to Congress.
  The Act would also add enforcement mechanisms to budget law and deter 
lawbreaking by strengthening and expediting GAO's ability to obtain 
information from agencies to assess compliance with budget or 
appropriations law; expediting GAO's ability to sue agencies to release 
funds being impounded in violation of the ICA; authorizing 
administrative discipline for officials found to have violated the ICA, 
including suspension without pay or termination of employment; and 
requiring the DOJ to review reports of ADA violations and investigate 
whether a violation occurred knowingly and willfully.


       TITLE VI--SECURITY FROM POLITICAL INTERFERENCE IN JUSTICE

  Since Watergate, every Administration has issued guidance limiting 
contact between the White House and DOJ in order to limit political 
interference in criminal and civil enforcement matters.
  Unfortunately, in recent years we have seen numerous instances where 
that norm was ignored.
  The Security from Political Interference in Justice Act seeks to help 
ensure that these norms are followed in the future, by requiring that 
the Attorney General (AG) maintain a log of certain designated contacts 
between the White House and DOJ that is to be shared with the DOJ 
Inspector General (IG) on a semi-annual basis, with an additional 
requirement that the IG share any inappropriate or improper contacts 
with the House and Senate Judiciary Committees.


          TITLE VII--PROTECTING INSPECTOR GENERAL INDEPENDENCE

  The Inspector General Independence Act would protect Inspectors 
General (IGs) from being removed by the President based on political 
retaliation.
  President Trump removed or replaced numerous IGs in what appeared to 
be retaliation for investigating misconduct of his own Administration.
  The Inspector General Independence Act would only allow an IG to be 
removed for a limited number of causes and would require that the 
President, before removing the IG, provide Congress with documentation 
of the cause.


                 TITLE VIII--PROTECTING WHISTLEBLOWERS

  The Whistleblower Protection Improvement Act would strengthen the law 
to ensure that federal employees who blow the whistle on waste, fraud, 
and abuse are protected from retaliation.
  The Whistleblower Protection Improvement Act would clarify that no 
federal official may interfere with a federal employee's ability to 
share information with Congress.
  This measure would also limit disclosure of a whistleblower's 
identity, prohibit retaliatory investigations, expand whistleblower 
protections to all noncareer appointees in the Senior Executive 
Service, and provide access to jury trials for whistleblowers.


     TITLE XII--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

  Title XII requires sitting presidents and vice presidents and major 
party candidates for the presidency and vice-presidency to publicly 
disclose their 10 most recent federal income tax returns.


             TITLE XIII--FOREIGN INTERFERENCE IN ELECTIONS

  Title XIII of the Act requires political campaigns, parties, and 
political committees like political action committees (PACs) and Super 
PACs to report attempts by foreign governments, foreign political 
parties, and their agents to influence our elections to the Federal 
Election Commission (FEC) and Federal Bureau of Investigation (FBI).
  It requires the FBI to report on these notifications annually to the 
congressional intelligence committees.
  It also requires campaigns to establish compliance mechanisms.
  It ensures violations of these foreign contact reporting requirements 
can incur criminal or civil liability.
  Title XIV of the Act works to eliminate foreign interference in U.S. 
elections by making clear that the Federal Election Campaign Act 
prohibits the acceptance of opposition research, polling, and other 
non-public information relating to a candidate for federal, state, or 
local office by foreign governments and political parties for the 
purpose of influencing an election.
  It provides for enhanced criminal penalties for violations of this 
prohibition.
  It ensures that members and employees of political campaigns will be 
on notice of this prohibition by requiring the FEC to provide a written 
explanation of the prohibition to political campaigns, and for 
campaigns to certify their receipt and understanding of the 
explanation.
  Last, the legislation extends the ban on foreign national 
contributions to federal, state, and local elections to include ballot 
initiatives and referendums.
  Madam Speaker, I believe this excellent legislation would be even 
stronger had Jackson Lee Amendment No. 17 been made in order.
  This Jackson Lee amendment would improve the bill and strengthen an 
important guardrail in the pillars upholding and protecting our 
democracy by providing that any person who, having previously taken an 
oath as an officer of the United States, as a member of a State 
legislature, or as an executive or judicial officer of any State, is 
finally convicted of violating laws prohibiting foreign interference in 
American elections, specifically section 304(j) of the Federal Election 
Campaign Act of 1971 (as added by section 1301(a)), section 304(b)(9) 
of such Act (as added by section 1301(b)), or section 302(j) of such 
Act (as added by section 1302), shall be deemed to have given aid and 
comfort to the enemies of the United States for purposes of 
ineligibility to hold public office under section of the Fourteenth 
Amendment to the Constitution of the United States.
  This concern is particularly salient when there is clear, convincing, 
and overwhelming evidence of interference by a hostile foreign

[[Page H7594]]

power to secure victory for its preferred candidate.
  Madam Speaker, there is compelling reason for the Congress to pass 
the Protecting Our Democracy Act by overwhelming margins in the House 
and Senate to send a clear message to the world that unlike the 
immediately previous Administration, the current President and his 
Administration is determined and resolute in taking effective action to 
deter and prevent interference by foreign powers in American elections.
  Let us remember that the Intelligence Community Assessment (``ICA'') 
of January 2017 assessed that Russian President Vladimir Putin ordered 
an influence campaign in 2016 aimed at the US presidential election in 
which Russia's goals were to undermine public faith in the US 
democratic process, denigrate Democratic presidential candidate and 
implacable foe of Vladimir Putin, former Secretary of State Hillary 
Clinton, facilitate the election of Vladimir Putin's preferred 
candidate, Donald J. Trump.
  Russia's interference in the election processes of democratic 
countries was not new but a continuation of the ``Translator Project,'' 
an ongoing information warfare effort launched by Vladimir Putin in 
2014 to use social media to manipulate public opinion and voters in 
western democracies.
  But instead of supporting the unanimous assessment of the U.S. 
Intelligence Community, the 45th President attacked and sought to 
discredit and undermine the agencies and officials responsible for 
detecting and assessing Russian interference in the 2016 presidential 
election as well as those responsible for investigating and bringing to 
justice the conspirators who committed crimes against the United States 
our law enforcement.
  And to add shame to insult and injury, at a meeting in Helsinki, 
Finland, rather than embracing the conclusions of the U.S. Intelligence 
Community, the 45th President of the United States sided with Russian 
President Vladimir Putin in heaping scorn on the IC's assessment 
regarding Russian interference and called the U.S. Justice Department 
investigation into Russia's interference led by Special Counsel Robert 
Mueller ``the greatest political witch hunt in history.''
  As the Mueller Report concluded, ``The Russian government interfered 
in the 2016 presidential election in sweeping and systematic fashion.''
  In his only public remarks made since he was appointed at his 
farewell press conference held at the Department of Justice on May 29, 
2017, Special Counsel, Robert Mueller reiterated the ``central 
allegation of our indictments--that there were multiple, systematic 
efforts to interfere in our election'' and that ``allegation deserves 
the attention of every American.''
  Madam Speaker, American elections are to be decided by American 
voters free from foreign interference or sabotage, and that is why any 
person who having previously taken an oath to preserve and protect the 
Constitution of the United States, knowingly and willingly acts to aid, 
abet, or facilitate foreign interference in an American election can, 
should, and must be deemed to have given aid and comfort to the enemies 
of the United States for purposes of ineligibility to hold public 
office under section 3 of the Fourteenth Amendment to the Constitution 
of the United States.
  I urge all members to join me in voting to pass H.R. 5314, the 
Protecting Our Democracy Act.
  Thank you.
  The SPEAKER pro tempore. All time for debate has expired.
  Each further amendment printed in part B of House Report 117-205 not 
earlier considered as part of the amendments en bloc pursuant to 
section 3 of House Resolution 838, shall be considered only in the 
order printed in the report, may be offered only by a Member designated 
in the report, shall be considered as read, shall be debatable for the 
time specified in the report equally divided and controlled by the 
proponent and an opponent, may be withdrawn by the proponent at any 
time before the question is put thereon, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question.
  It shall be in order at any time after debate for the chair of the 
Committee on Oversight and Reform or her designee to offer amendments 
en bloc consisting of further amendments printed in part B of House 
Report 117-205, 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 respective designees, shall 
not be subject to amendment, and shall not be subject to a demand for 
division of the question.


Amendments En Bloc No. 1 Offered by Mrs. Carolyn B. Maloney of New York

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, pursuant to House 
Resolution 838, I offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 4, 5, 6, 
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 
27, 28, 29, 30, 31, 32, 33, and 34, printed in part B of House Report 
117-205, offered by Mrs. Carolyn B. Maloney of New York:


         Amendment No. 1 Offered by Ms. Adams of North Carolina

       Page 155, strike lines 10 through 19, and insert the 
     following:
       (4) Treatment as a report filed under the federal election 
     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 
     Democracy Act of 2021 shall be filed in electronic form 
     accessible by computers 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 available 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.''.


          Amendment No. 2 Offered by Mr. Aguilar of California

       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 INFORMATION

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Election Officials 
     Protection Act''.

     SEC. 1502. REQUIRING STATES TO MAINTAIN LIST OF ELECTION 
                   OFFICIALS 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 
                   PROTECTED FROM DISCLOSURE OF PERSONALLY 
                   IDENTIFIABLE 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 information 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 
     eligible 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 such form as the official may require, 
     which contains the following 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 safety 
     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 
     completed application under this subsection, the chief State 
     election 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 participant 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.

[[Page H7595]]

       ``(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 
     program participant may contact to receive information on, or 
     receive legal services for, the creation of a trust to hold 
     real property or obtaining a name change, including county 
     bar associations, legal aid societies, State and local 
     agencies, or other nonprofit organizations that may be able 
     to assist program participants.
       ``(d) Termination of Participation.--
       ``(1) Grounds for termination.--The chief State election 
     official 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 
     expired 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 
     qualify as a program participant or that participation in the 
     program is being used as a subterfuge to avoid detection 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 
     election official shall notify in writing the appropriate 
     local election officials, county clerks, and local recording 
     offices of the program 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 
     program 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 participant shall be 
     held confidential.
       ``(ii) All records or documents pertaining to a program 
     participant shall be retained for a period of three years 
     after termination of certification and then destroyed without 
     further notice.
       ``(B) Exception for termination based on false information 
     or subterfuge.--In the case of a termination on the grounds 
     described in subparagraph (C) of paragraph (1), the chief 
     State election official may disclose information 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, 
     parent, or any blood relative of an individual who lives in 
     the same residence as the individual.
       ``(3) Personally identifiable information.--The term 
     `personally identifiable information' means, with respect to 
     any individual--
       ``(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 address;
       ``(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 investment 
     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 
     facility 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 
     individual or a member of the immediate family of the 
     individual.''.
       (b) Conforming Amendment Relating to Enforcement.--Section 
     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 following:
``Sec. 303A. Maintenance of list of election officials protected from 
              disclosure of personally 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 
     association 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 ``program participant'') or the 
     agent of a program participant to not disclose 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 
     controlled by such person;
       (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 disclosure 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 information to any other person, including a 
     business or association, through any medium; and
       (4) if, prior to receiving the request, such person 
     publicly displayed 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 request.
       (b) Enforcement.--
       (1) Action for injunctive or declaratory relief.--A program 
     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 
     responsible 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 aggrieved 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 described 
     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 immediate 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 
     application 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 circumstance, shall not be 
     affected by the holding.


        amendment no. 4 offered by mr. cicilline of rhode island

       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 Policy Staff, or 
     the Office of Administration, and the aggregate 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

[[Page H7596]]

     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 General 
     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 
     reimbursement 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 number 
     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 
     Government Act of 1978 (5 U.S.C. App.), which shall be 
     updated annually.


         amendment no. 5 offered by ms. clark of massachusetts

       Page 9, insert after line 12 the following:

     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 Member of Congress.''.


           amendment no. 6 offered by mr. cohen of tennessee

       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 President's 
     administration;
       (iv) any person who worked on the President's presidential 
     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.''.


          amendment no. 8 offered by mr. connolly of virginia

       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 
     defined under section 2102 of title 5, United States Code) 
     may be excepted from the competitive service unless such 
     position is placed--
       (1) in any of the schedules A through E as described in 
     section 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 subsection (a)(1).


          amendment no. 9 offered by mr. correa of california

       Page 57, after line 19, insert the following (and update 
     the table of contents accordingly):

     SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS 
                   OF CONGRESS.

       Section 552(d) of title 5, United States Code, is amended 
     by inserting ``, or any member thereof,'' after ``Congress''.


          amendent no. 10 offered by mr. correa of california

       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 
                   REPORTS.

       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.


         amendment no. 11 offered by ms. delbene of washington

       Page 157, beginning on line 15, strike ``FOREIGN 
     INTERFERENCE'' and insert ``FOREIGN INTERFERENCE; 
     CYBERSECURITY 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 
                   PRACTICES FOR CAMPAIGNS BY FEDERAL ELECTION 
                   COMMISSION.

       (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 
     Practices.--
       ``(1) Issuance.--In consultation with the Directory of the 
     National 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 
     cybersecurity 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 
     updated versions of the guidance and best practices described 
     in paragraph (1).''.
       (b) Deadline.--The Federal Election Commission shall issue 
     the first guidance and best practices under section 311(g) of 
     the Federal Election Campaign Act of 1971, as added by 
     subsection (a), not later than 6 months after the date of the 
     enactment of this Act.


         amendment no. 12 offered by ms. foxx of north carolina

       Add at the end of title VII of division B the following new 
     subtitle (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 
     General 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 General 
     Act of 1978 (5 U.S.C. App.) is amended by adding after 
     section 8N the following new section:

     ``SEC. 80. SPECIAL PROVISIONS CONCERNING THE INSPECTOR 
                   GENERAL 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 specifically 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.).


         amendment no. 13 offered by ms. foxx of north carolina

       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 section 404) shall apply to such a 
     request.


           amendment no. 14 offered by mr. gallego of arizona

       At the end of division A, insert the following:

      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 clearance (including an interim clearance), each 
     eligible candidate (as that term is described in subsection 
     (h)(4)(A)) or the President-elect (as the case may be) shall 
     submit a report containing the name of such individual to the 
     Committee on Oversight and Reform of the House of 
     Representatives, the Committee 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 Intelligence of the Senate.''.

     SEC. 402. TRANSPARENCY IN FAMILY ACCESS TO CLASSIFIED 
                   INFORMATION.

       (a) In General.--Not later than 10 days after submitting an 
     application for a security clearance for any covered 
     individual,

[[Page H7597]]

     and not later than 10 days after any covered individual is 
     granted a security 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 Committee 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 Intelligence of 
     the Senate.
       (b) Covered Individual Defined.--In this section, the term 
     ``covered individual'' means a spouse, child, or child-in-law 
     (including adult children and children-in-law) of the 
     President.


            amendment no. 15 offered by mr. golden of maine

       Page 14, insert after line 8 the following (and redesignate 
     provisions accordingly):

       (b) Reporting Requirements Related to Spouses and Dependent 
     Children.--Section 102(e)(1) of the Ethics in Government 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 
     paragraphs (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 
     reported under these paragraphs.
       ``(H) In the case of items described in paragraph (11)(A) 
     of subsection (a), any such items received by spouse or 
     dependant child of the President other than items related to 
     the President's services as President provided for by Federal 
     law, and in the case of items described in paragraph (11)(B) 
     of subsection (a), all information required to be reported 
     under that paragraph.''.


           amendment no. 16 offered by mr. issa of california

       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 
                   NUMBER OF EMPLOYEES OF HOUSE MEMBER OFFICES 
                   PERMITTED TO HAVE CLEARANCES.

       For purposes of any Rule or regulation of the House of 
     Representatives which limits the number of employees of the 
     office of a Member of the House (including a Delegate or 
     Resident Commissioner to the Congress) who are permitted to 
     have security clearances, 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 manner, and to the same extent as in the case of any 
     other rule of the House.


          amendment no. 17 offered by mr. kilmer of washington

       Page 157, beginning on line 15, strike ``FOREIGN 
     INTERFERENCE'' 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 requirements for online political advertisements 
     in order to uphold the Supreme 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 
     accountability 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 
     essential 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 
     stations, or in newspapers, magazines, or similar types of 
     general public political advertising'' and inserting ``in any 
     public communication''; and
       (2) in paragraph (9)(B)--
       (A) by amending clause (i) to read as follows:
       ``(i) any news story, commentary, or editorial distributed 
     through the facilities of any broadcasting station or any 
     print, online, or digital newspaper, magazine, blog, 
     publication, or periodical, unless such broadcasting, 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 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``financing any 
     public communication''; and
       (2) by striking ``solicits any contribution through any 
     broadcasting station, newspaper, magazine, outdoor 
     advertising facility, mailing, or any other type of general 
     public political advertising'' and inserting ``solicits any 
     contribution through any public communication''.

     SEC. 1505. EXPANSION OF DEFINITION OF ELECTIONEERING 
                   COMMUNICATION.

       (a) Expansion to Online Communications.--
       (1) Application to qualified internet and digital 
     communications.--
       (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 
     communication'' each place it appears in clauses (i) and (ii) 
     and inserting ``satellite, or qualified internet or digital 
     communication''.
       (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 facilities 
     of any broadcasting station or any online or digital 
     newspaper, magazine, blog, publication, or periodical, unless 
     such broadcasting, online, or digital facilities 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 
     January 1, 2022.

     SEC. 1506. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
                   COMMUNICATIONS.

       (a) Clear and Conspicuous Manner Requirement.--Subsection 
     (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 
     Communications.--
       (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
     is amended by adding at the end the following new subsection:
       ``(e) Special Rules for Qualified Internet or Digital 
     Communications.--
       ``(1) Special rules with respect to statements.--In the 
     case of any qualified internet or digital communication (as 
     defined in section 304(f)(3)(D)) which is disseminated 
     through a medium in which the provision of all of the 
     information specified 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 
     communication; and

[[Page H7598]]

       ``(B) provide a means for the recipient of the 
     communication to obtain the remainder of the information 
     required under this section with minimal effort and without 
     receiving or viewing any additional material other than such 
     required information.
       ``(2) Safe harbor for determining clear and conspicuous 
     manner.--A statement in qualified internet or digital 
     communication (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 requirements:
       ``(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 majority 
     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 audible 
     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 requirements of 
     subparagraph (A) and appears for at least 4 seconds; and
       ``(II) an audible format that meets the requirements 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 subparagraph (A), 
     (B), or (C).''.
       (2) Nonapplication of certain exceptions.--The exceptions 
     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 
     communications (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)--
       (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 
     inserting ``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 
     sentence and inserting ``in video format''.

     SEC. 1507. POLITICAL RECORD REQUIREMENTS FOR ONLINE 
                   PLATFORMS.

       (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 subsection:
       ``(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 person whose 
     aggregate requests to purchase qualified political 
     advertisements on such online platform during the calendar 
     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 
     advertisement;
       ``(B) a description of the audience targeted by the 
     advertisement, the number of views generated from the 
     advertisement, 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 advertisement 
     refers and the office to which the candidate is seeking 
     election, the election to which the advertisement 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 authorized 
     committee of the candidate, and the treasurer of such 
     committee; and
       ``(iv) in the case of any request not described in clause 
     (iii), the name of the person purchasing the advertisement, 
     the name and address of a contact person for such person, and 
     a list of the chief executive officers 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 Registration 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 
     advertisements, 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 importance.
       ``(5) Time to maintain file.--The information required 
     under this subsection shall be made available as soon as 
     possible 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 maintenance 
     requirements.--In accordance with rules established by the 
     Commission, if an online platform shows that the platform 
     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 
     platforms, and persons requesting to purchase a qualified 
     political advertisement on online platforms, to comply with 
     the requirements 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 establish 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 
     online platforms submit and maintain data online in a common, 
     machine-readable and publicly accessible format;
       (2) establishing search interface requirements relating to 
     such record, including searches by candidate name, issue, 
     purchaser, and date; and
       (3) establishing the criteria for the safe harbor exception 
     provided 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 enactment 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, 
                   INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR 
                   ELECTIONEERING COMMUNICATIONS BY FOREIGN 
                   NATIONALS 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, provider, 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--

[[Page H7599]]

       ``(A) the individual or entity making such purchase is 
     required, 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 living 
     outside of the United States, the individual provides 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 
     registration 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 coherent understanding of an issue, understand the 
     context of communications, 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 consume 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 
     enactment 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 
     receiving the report under subsection (c), the Commission 
     shall submit the report to the Committee on House 
     Administration of the House of Representatives and the 
     Committee on Rules and Administration 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.


         amendment no. 18 offered by mr. lynch of massachusetts

       Page 157, beginning on line 15, strike ``FOREIGN 
     INTERFERENCE'' and insert ``FOREIGN INTERFERENCE; PROHIBITING 
     USE OF DEEPFAKES IN CAMPAIGNS''.
       Page 175, insert after line 18 the following (and 
     redesignate the succeeding provisions accordingly:

      TITLE XV--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

     SEC. 1501. PROHIBITION ON DISTRIBUTION OF MATERIALLY 
                   DECEPTIVE 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 
                   DECEPTIVE 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 elective 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 _____ has been 
     manipulated.''; and
       ``(B) filled in the blank in the disclosure under 
     subparagraph (A), the term `image', `video', or `audio', as 
     most accurately describes the media.
       ``(2) Visual media.--For visual media, the text of the 
     disclosure shall appear in a size that is easily readable by 
     the average 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 prohibited 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 visual media.
       ``(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 deceptive audio or visual 
     media does not accurately represent the speech or conduct of 
     the candidate.
       ``(4) Materially deceptive audio or visual media that 
     constitutes satire or parody.
       ``(d) Civil Action.--
       ``(1) Injunctive or other equitable relief.--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 seek injunctive or other 
     equitable relief prohibiting the distribution of audio or 
     visual media in violation of this section. An action under 
     this paragraph shall be entitled 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 
     action for general or special damages against the person, 
     committee, 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 securing or recovering any other available 
     remedy.
       ``(3) Burden of proof.--In any civil action alleging a 
     violation of this section, the plaintiff shall bear the 
     burden of establishing 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 interactive 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 candidate'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 
     appear 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 
     understanding 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 
     Election 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:
       ``(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.


    amendment no. 19 offered by mr. sean patrick maloney of new york

       Insert after section 202 the following:

     SEC. 203. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS 
                   CONVICTED OF A FELONY.

       The Act entitled ``An Act to provide retirement, clerical 
     assistants, and free mailing privileges to former Presidents 
     of the United States, and for other purposes'', approved 
     August 25, 1958 (commonly 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 
     Representatives and convicted by

[[Page H7600]]

     the Senate pursuant to the impeachment.''; 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 
     provided 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 felony 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 
     appealable because the time for taking an appeal has expired; 
     or
       ``(B) which has been appealed and the appeals process for 
     which is completed.''.


       amendment no. 20 offered by mr. mcgovern of massachusetts

       Page 59, line 18, insert ``substantially'' before ``the 
     same''.
       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 
     declared under this section may be used to provide 
     authorization or funding for any program, project, or 
     activity for which Congress, on or after the date of the 
     events giving rise to the emergency declaration, has withheld 
     authorization or funding.''.
       Page 62, line 17, insert ``, including a joint resolution 
     of termination 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 
     section, 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 
     emergency.''.
       Page 64, line 5, insert ``and Joint Resolutions of 
     Termination'' after ``Approval''.
       Page 64, strike lines 14 through 16 (relating to the matter 
     proposed to be added as a paragraph (2)) and redesignate the 
     subsequent 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 
     President 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.
       ``(c) Effect of Termination.--If a national emergency 
     declaration terminates pursuant to this section, no emergency 
     may subsequently be declared based on substantially the same 
     circumstances.''.
       Page 71, line 8, strike ``Sec. 204.'' and insert ``Sec. 
     205.''.


       amendment no. 21 offered by ms. ocasio-cortez of new york

       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''.


       amendment no. 22 offered by ms. ocasio-cortez of new york

       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 
     contractually committed to, the following pledge upon 
     becoming an appointee:
       ``I recognize that this pledge is part of a broader ethics 
     in government plan designed to restore and maintain public 
     trust in government, 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 enforcement 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 relationships established for the benefit of future 
     clients.
       ``Accordingly, as a condition, and in consideration, of my 
     employment 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 
     registered lobbyists or lobbying organizations for the 
     duration of my service as an appointee.
       ``(2) Revolving Door Ban; All Appointees Entering 
     Government.--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 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 
     lobbied, or engaged in registrable activity under FARA, 
     within 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 agency 
     with respect to which I lobbied, or engaged in registrable 
     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 
     employees 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 
     Government, 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 communications or appearances that I am prohibited 
     from undertaking 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 Executive 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 position in the United States Government. I also have not 
     accepted and will not accept any non-cash benefit from my 
     former employer that is provided in lieu of such a prohibited 
     cash payment.
       ``(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.

[[Page H7601]]

       ``(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 enforcing 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 
     appointee in the Senior Executive Service (or other SES-type 
     system), 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 excepted under comparable criteria) in an executive 
     agency. It does not include any person appointed as a member 
     of the Senior Foreign Service or solely as a uniformed 
     service commissioned 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 
     indirectly, 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 lobbyist'' 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.
       (8) ``Materially assist'' means to provide substantive 
     assistance but does not include providing background or 
     general education on a matter of law or policy based upon an 
     individual's subject matter expertise, nor any conduct or 
     assistance permitted 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 performance 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 
     appointee 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 include any executive agency or other entity of the 
     Federal Government, State or local government, the District 
     of Columbia, Native American tribe, any United States 
     territory or possession, 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 
     excluding instances where the service provided was limited to 
     speeches or similar appearances. It does not include clients 
     of the appointee's former employer to whom the appointee did 
     not personally provide services.
       (13) ``Directly and substantially related to my former 
     employer or former clients'' shall mean matters in which the 
     appointee's former employer or a former client is a party or 
     represents a party.
       (14) ``Participate'' means to participate personally and 
     substantially.
       (15) ``Government official'' means any employee of the 
     executive branch.
       (16) ``Administration'' means all terms of office of the 
     incumbent President serving at the time of the appointment of 
     an appointee 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 position 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 restrictions 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 
     inconsistent 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 paragraphs (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, exigent circumstances relating to national security, the 
     economy, public 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, 
     including the existence of special circumstances related to 
     national 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 
     activities, 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 
     services, 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 relating to designated agency 
     ethics officers) as are necessary or appropriate to ensure--
       (1) that every appointee in the agency signs the pledge 
     upon assuming the appointed office or otherwise becoming an 
     appointee;
       (2) that compliance with paragraph (3) of the pledge is 
     addressed 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 
     commencing 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 duties 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--
       (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 appointees regarding the application of the pledge; 
     and
       (3) in consultation with the Attorney General and the 
     Counsel to the President, adopt such rules or procedures as 
     are necessary 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 
     Government employees engaged in negotiations for future 
     employment 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 
     Office 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 
     procurement lobbying disclosure. This report shall include 
     recommendations

[[Page H7602]]

     on steps the executive branch can take to expand, to the 
     fullest extent practicable, disclosure of both executive 
     branch procurement lobbying and of lobbying for Presidential 
     pardons. These recommendations shall include both immediate 
     actions the executive branch can take and, if necessary, 
     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 consultation 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 
     official 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.

     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, including debarment proceedings within any 
     affected executive agency or judicial civil proceedings for 
     declaratory, injunctive, or monetary 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 Government 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 
     appropriate Federal investigative authority to conduct such 
     investigations as may be appropriate; and
       (2) upon determining that there is a reasonable basis to 
     believe 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 
     future, 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 provision is held to be invalid, the remainder of this 
     title and other dissimilar 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.
       (d) This title is not intended to, and does not, create any 
     right or benefit, substantive or procedural, enforceable at 
     law or in equity by any party against the United States, its 
     departments, agencies, or entities, its officers, employees, 
     or agents, or any other person.


       amendment no. 23 offered by ms. ocasio-cortez of new york

       Page 17, insert after line 9 the following (and conform the 
     table of contents accordingly):

     SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL 
                   EXPENSE FUNDS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Government Ethics shall finalize a rule establishing ethics 
     requirements for the establishment 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) 
     consistent 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 
     contribution or other payment made by--
       (1) an individual who is a registered lobbyist under the 
     Lobbying 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 individual 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).


       amendment no. 24 offered by ms. ocasio-cortez of new york

       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--
       ``(i) to make a donation to an Inaugural Committee in the 
     name of another person, or to knowingly authorize his or her 
     name to be used to effect such a donation;
       ``(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 Committee 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 purposes 
     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 
     Inaugural Committee, or an immediate family member of such 
     individuals.
       ``(3) No effect on disbursement of unused funds to 
     nonprofit 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 
     aggregate, exceed $50,000.
       ``(2) Indexing.--At the beginning of each Presidential 
     election year (beginning with 2028), the amount described in 
     paragraph (1) shall be increased by the cumulative percent 
     difference 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 donation.
       ``(B) Contents of report.--A report filed under 
     subparagraph (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.
       ``(2) Final report.--Not later than the date that is 90 
     days after the date of the Presidential inaugural ceremony, 
     the Inaugural 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 
     disbursements in the following categories:
       ``(i) Disbursements made to meet committee operating 
     expenses.
       ``(ii) Repayment of all loans.

[[Page H7603]]

       ``(iii) Donation refunds and other offsets to donations.
       ``(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 committee, 
     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 aggregate 
     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 pursuant 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 
     services provided without compensation by any individual who 
     volunteers 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.
       ``(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 
     Requirements.--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 Committee.--
     Section 510 of title 36, United States Code, is amended to 
     read as follows:

     ``Sec. 510. Disclosure of and prohibition on certain 
       donations

       ``A committee shall not be considered to be the Inaugural 
     Committee 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.


           amendment no. 26 offered by ms. omar of minnesota

       Page 122, line 23, insert before ``a commissioned officer'' 
     the following: ``a fellow or intern at an agency,''.


         amendment no. 27 offered by mr. pascrell of new jersey

       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:

     ``Sec. 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 
     reasonably incurred in any case under this section in which 
     an employee has established, by a preponderance of the 
     evidence, that a superior 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 CERTAIN 
                   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 prohibited activity under subsection (a)(1) against a 
     political employee, not later than 14 days after the Special 
     Counsel makes a final determination under such investigation 
     with respect to whether a violation 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 duties 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 
     Senate.
       ``(B) Any position in the executive branch of the 
     Government of a confidential or policy-determining character 
     under schedule C of subpart C of part 213 of title 5, Code of 
     Federal Regulations.
       ``(C) Any position in or under the Executive Office of the 
     President.
       ``(D) Any position in or under the Office of the Vice 
     President.
       ``(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 
                   PROPERTY.

       (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 information.''.
       (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 PRESIDENT 
                   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:

     ``Sec. 7326. Limitations on political activity of president 
       and vice president while on White House grounds

       ``Notwithstanding section 7322(1), the prohibitions on 
     political activity under section 7323(a) and section 7324 
     shall apply to the President and Vice President while the 
     President and Vice President 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 
     subchapter, as amended by section 1002(c), is fruther amended 
     by striking the item relating to section 7326 and inserting 
     the following:

``7326. Limitations on political activity of President and Vice 
              President while on Federal property
``7327. Penalties''.

     SEC. 1006. GRANTING THE OFFICE OF SPECIAL COUNSEL RULEMAKING 
                   AUTHORITY.

       Notwithstanding any other law, rule, or regulation, the 
     Office of Special Counsel shall have exclusive authority to 
     promulgate regulations 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 adding at the end the following: ``Notwithstanding the 
     previous sentences, 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 documentary 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.

     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 reimbursable political events held at the White 
     House or on the White House grounds during the period 
     beginning on January 1, 1997, and

[[Page H7604]]

     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--
     Reimbursable Expenses'' in division D of Public Law 116-6.
       (2) An assessment of what constitutes a political event 
     during 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 accountable 
     if such requirements are not followed.


         amendment no. 28 offered by mr. phillips of minnesota

       Add at the end the following:

     SEC. __. PROHIBITION ON USE OF FEDERAL PROPERTY FOR POLITICAL 
                   CONVENTIONS.

       (a) In General.--Chapter 29 of title 18, United States 
     Code, is amended by inserting after section 611 the 
     following:

     ``Sec. 612. Prohibition on use of Federal property for 
       certain political 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 responsible 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 building, land, or other real property owned, leased, or 
     occupied by any department, agency, or instrumentality of the 
     United States, including 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).''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter 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 
     aircraft) owned or leased by the Government for travel to or 
     from any such convention.


         amendment no. 29 offered by mr. phillips of minnesota

       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 following:

               ``Subtitle B--Ranked Choice Voting Program

     ``SEC. 511. RANKED CHOICE VOTING PROGRAM.

       ``(a) Definition of Ranked Choice Voting System.--For 
     purposes of this subtitle, the term `ranked choice voting 
     system' means a set of election methods which allow each 
     voter to rank contest options in order of the voter's 
     preference, in which votes are counted in rounds using a 
     series of runoff tabulations to defeat contest options with 
     the fewest votes, and which elects a winner with a majority 
     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 
     governments that are considering whether to make, or that are 
     in the process of making, a transition to a ranked choice 
     voting system 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 publication of educational materials, and 
     voter outreach.
       ``(c) Rules for Grants.--
       ``(1) Selection of grant recipients.--To the extent 
     possible, the Commission shall award grants under subsection 
     (b)(2) to areas that represent a diversity of jurisdictions 
     with respect to geography, population characteristics, and 
     population 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 appropriated to the Commission under section 210, there 
     are authorized 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, without 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 
     section 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.''.


          amendment no. 30 offered by mr. quigley of illinois

  Add at the end the following:.....................................

     SEC. __. 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 searchable 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 privacy 
     or law enforcement concerns or threaten national security;
       (B) relating to a purely personal guest at a covered 
     location; or
       (C) that reveals the social security number, taxpayer 
     identification number, birth date, home address, or personal 
     phone number of an individual, the name of an individual who 
     is less than 18 years old, or a financial account number.
       (2) Sensitive meetings.--With respect to a particularly 
     sensitive 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 
     determines that release of the covered records is no longer 
     sensitive; 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 
     subsection (b).


           amendment no. 31 offered by mr. raskin of maryland

       Page 9, after line 2, insert the following (and redesignate 
     the following subsections accordingly):
       ``(d) Delay in Trial or Other Legal Proceedings.--In the 
     case of an indictment of any person serving as President or 
     Vice President of the United States, a trial or other legal 
     proceeding with respect to such indictment may be delayed at 
     the discretion of a court of competent jurisdiction to the 
     extent that ongoing criminal proceedings

[[Page H7605]]

     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.''.


         amendment no. 32 offered by ms. ross of north carolina

       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 
     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.


         amendment no. 33 offered by ms. ross of north carolina

       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 Justice, 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, including 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.


        amendment no. 34 offered by ms. scanlon of pennsylvania

       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 
     preceding that January or July'' and insert ``the 3-month 
     period preceding that January, April, July, or October''.
  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
gentlewoman from New York (Mrs. Carolyn B. Maloney) and the gentleman 
from Kentucky (Mr. Comer) each will control 10 minutes.
  The Chair recognizes the gentlewoman from New York.

                              {time}  1345

  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, several 
amendments offered would increase transparency of White House 
operations and personnel.
  The amendment offered by Congressman   Mike Quigley would require the 
President to publicly release White House visitor logs with certain 
exceptions.
  The amendment offered by Congressman   David Cicilline would require 
the White House to publicly release salary information and financial 
disclosure statements for White House employees.
  The amendment offered by Congressman Bill Pascrell would further 
strengthen the Hatch Act by increasing penalties for employees who 
knowingly break the law and use their position for partisan political 
activity. This amendment would also allow the Office of Special Counsel 
to continue investigations into former political employees after they 
leave Federal office.
  The amendment offered by Congresswoman Alexandria Ocasio-Cortez would 
direct the Office of Government Ethics to establish ethics requirements 
on the establishment or use of legal expense funds for the President, 
Vice President, or any political appointee.
  The amendment offered by Congressman Gerry Connolly would protect the 
civil service by preventing any position in the Federal competitive 
service from being reclassified outside of merit system principles. 
Employment in the Federal workforce should be based on an individual's 
knowledge, skills, and abilities, not political connections.
  This package of amendments will bring accountability and transparency 
to our government. These reforms are critical for preserving and 
strengthening our democratic institutions.
  Madam Speaker, I urge all of my colleagues on both sides of the aisle 
to vote ``yes'' on this package of amendments, and I reserve the 
balance of my time.
  Mr. COMER. Madam Speaker, I rise to oppose the amendments en bloc.
  This protecting the swamp act is full of bad policy and disregards 
regular order. H.R. 5314 is designed purely for Democrats to talk about 
all of their failed conspiracy theories about the former President. In 
fact, this bill looks more like a fundraising campaign than an effort 
to provide legislative solutions.
  My Democratic colleagues should be working with Republicans to 
address and solve the problems President Biden and his administration 
have created for the American people, not pushing through hyperpartisan 
legislation.
  While this en bloc package of amendments has several legitimate, good 
ideas, there are too many that make this bad bill worse. While 
commonsense proposals such as strengthening minority rights for 
Oversight and Reform Committee members, Freedom of Information Act 
reform, and an inspector general for the Office of Management and 
Budget are perfectly reasonable solutions for the House to consider, 
most of the amendments in this bloc make a very bad bill much worse.
  Overall, these amendments entrench and slow down the Federal 
bureaucracy, intrude on the executive branch's powers, and strip a duly 
elected President of the ability to effectively manage the executive 
branch.
  I am not sure if Democrats' distrust of the executive branch is 
because of their hatred for the former President or their lack of faith 
in the current President. Either way, Republicans should not support 
attempts to degrade the Office of the President.
  The few good amendments in this bloc proposed by Republicans are 
simply drowned out by bad policy. If Democrats were serious about 
engaging with Republicans, then they should have worked with us through 
the normal legislative process during which we could have effectively 
vetted these measures in the committees of jurisdiction.
  Americans are struggling with the highest inflation in 30 years, 
worried about the safety of their communities, and eager to get their 
children back to school. The majority is flatly ignoring the American 
people to instead talk about former President Trump. These amendments 
offered by Democrats in this package only move this bill further away 
from addressing the immediate concerns of Americans.
  Madam Speaker, I urge my colleagues to vote ``no,'' and I reserve the 
balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentleman from the great State of California (Mr. 
Correa), who is the distinguished chairman of the Committee on Homeland 
Security Subcommittee on Oversight, Management, and Accountability.
  Mr. CORREA. Madam Speaker, I thank Congresswoman Maloney for yielding 
me time.
  My first amendment, No. 9, will strengthen the ability of Congress to 
do our job of oversight of the executive branch. It closes a loophole 
in the Freedom of Information Act that effectively lets Federal 
agencies ignore congressional requests for information.
  Amendment No. 10 will require all congressionally mandated reports to 
be transmitted to Congress in a machine-readable format. It is a 
commonsense way to search and find information within thousands of 
pages of reports.
  These two amendments are about the government, and they are about 
transparency. Our government should not have anything to hide. Both of 
these are supported by the Project On Government Oversight.
  Madam Speaker, I urge an ``aye'' vote on en bloc No. 1 and to support 
amendments No. 9 and No. 10.
  Mr. COMER. Madam Speaker, I yield 3 minutes to the gentlewoman from 
North Carolina (Ms. Foxx), who is the ranking member of the Education 
and Labor Committee.
  Ms. FOXX. Madam Speaker, I thank my colleague for yielding time.
  Madam Speaker, I rise in support of my two amendments in this en bloc 
package.
  The alleged purpose of this bill is to ``protect our democracy by 
preventing

[[Page H7606]]

abuses of Presidential power, restoring checks and balances and 
accountability and transparency in government.''
  My amendments, in fact, do exactly that and would create an office of 
inspector general, IG, at the Office of Management and Budget, OMB.
  Pursuant to the Inspector General Act of 1978, this independent, 
nonpartisan inspector general would prevent and detect waste, fraud, 
and abuse at OMB.
  The underlying bill is a Democrat attempt to relitigate yesterday's 
issues. But today, Americans are being assailed from all sides. They 
are facing a Democrat President on a spending binge that is tearing 
this country apart. Inflation sits at a 30-year high. Gas prices are 
skyrocketing out of control, and now an even more reckless socialist 
and amnesty agenda is in the works.
  My two amendments will truly bring accountability and transparency to 
the executive branch and protect the statutory authorities of Congress.
  Last week, news broke that 40 percent or more of the $700 billion 
spent on unemployment benefits for COVID-19 relief went to fraud. That 
is nearly the size of the defense budget. An IG at OMB would be able to 
root out this kind of fraud, waste, and abuse and save taxpayers' 
dollars. The Biden administration should welcome having an OMB 
inspector general with the same enthusiasm they talk about transparency 
and accountability.
  My second amendment will help protect the rights of the minority and 
allow the Oversight and Reform Committee to easily acquire documents 
from the executive branch so that we can uphold true oversight.
  I look forward to working with the majority to obtain the information 
required by law from the administration pursuant to these Rule of 7 
requests. I appreciate that Democrats agree on some level that we need 
rigorous oversight of the executive branch.
  My only question is: Where have they been for the last 11 months?
  I am also profoundly disappointed that Democrats chose to load up 
this en bloc package with amendments that entrench bureaucracy, 
hamstring Presidential appointments, and micromanage Presidential 
powers. This bill is supposed to restore transparency and 
accountability, but many of the amendments in this package move it in 
the opposite direction.
  Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1\1/2\ 
minutes to the gentleman from the great State of Tennessee (Mr. Cohen), 
who is the distinguished chair of the Committee on the Judiciary 
Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  Mr. COHEN. Madam Speaker, I thank the gentlewoman for yielding me the 
time.
  Madam Speaker, my subcommittee works on issues concerning civil 
rights and civil liberties, and we have had hearings on the pardon 
power. The pardon power is something I have been interested in since 
the 1970s when a Democratic Governor of Tennessee abused the pardon 
power, and I stood up against him. I have stood up against this 
previous President, Trump, who abused the pardon power even more. He 
gave pardons to his family, to people who were administration 
officials, to people who worked on his campaign, and to people who lied 
to the Justice Department and to the FBI because they were protecting 
the President from the impeachment articles that were lodged against 
him and which would have shown his contravention of the Constitution.
  I have listened to the debate here some. It is astonishing to me. 
There is nothing more important in this government and this Congress 
than protecting democracy, and democracy was threatened by Donald 
Trump. This bill, which Adam Schiff has sponsored with many cosponsors, 
protects democracy. It puts checks and balances on the President.
  No person should have unfettered power, and the President tried to 
use the pardon power to take care of people who took care of him, to 
shut them up so they wouldn't testify against him: Roger Stone, Mike 
Flynn, you name it, Madam Speaker, down to Paul Manafort.
  He pardoned people who lied, who grifted, who dealt with the Russians 
and who were part of the conspiracy to take over the election by 
communicating with Kilimnik and getting information out there in the 
social media to beat Hillary Clinton and elect Donald Trump, the most 
disgusting Presidency in the history of this country.
  That is why this bill is so important, to protect our democracy and 
save us from abuses by a future President who doesn't have limitations 
on him.
  Madam Speaker, I pledge allegiance to the flag and hope all of us do. 
I support this bill.
  Mr. COMER. Mr. Speaker, they say this bill is not about President 
Trump, but every speaker mentioned President Trump multiple times.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Florida 
(Mr. C. Scott Franklin).
  Mr. C. SCOTT FRANKLIN of Florida. Mr. Speaker, I thank Ranking Member 
Comer for yielding.
  Mr. Speaker, I rise today in opposition to this legislation and the 
en bloc package, particularly amendment No. 29. This amendment would 
continue Democratic attempts to federalize elections.
  My colleagues on the other side of the aisle like to call us 
Republicans seditionists, yet here they are again attempting to violate 
the Constitution and our democratic republic by injecting the Federal 
Government into State elections.
  I would like to remind the Democrats that Article I, Section 4 of the 
Constitution reads: ``The times, places, and manner of holding 
elections for Senators and Representatives shall be prescribed in each 
State by the legislature thereof''--not by Congress.
  Our country is struggling with out-of-control inflation, supply chain 
shortages, rampant crime, and a crisis on our southern border. Yet, 
Democrats are focused on violating the Constitution for their own 
political gain.
  When H.R. 1 was passed earlier this Congress, we had assumed that the 
Democrats were done trying to take election powers away from the 
States. As it turns out, they were just getting started.
  Mr. Speaker, at what point are we going to start focusing on the real 
issues facing this country? At what point are the Democrats going to 
realize that America doesn't want out-of-control spending, open 
borders, and rampant crime?

  The Founding Fathers were clear that the States are the primary 
managers of elections. We must address the real problems facing the 
American people and stop stripping States of their constitutional 
authorities.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 1\1/2\ 
minutes to the gentlewoman from the great State of North Carolina (Ms. 
Adams). Dr. Alma Adams is the distinguished chairwoman of the Committee 
on Education and Labor Subcommittee on Workforce Protections.
  Ms. ADAMS. Mr. Speaker, I want to thank the gentlewoman for yielding.
  Mr. Speaker, I rise today in support of my amendment to ensure 
transparency in our elections.
  The American people have a right to know whether a candidate for 
President or Vice President has unethical foreign entanglements or 
compromising debts that can be leveraged against their administration--
or worse.
  My amendment requires the Federal Election Commission, FEC, to make 
an income tax return publicly available within 48 hours after receipt 
of return. In cases where a return requires extensive redactions, the 
Federal Election Commission may make the return available after 48 
hours but no later than 30 days after receipt of return.
  Only a full release of tax returns can ensure that our President and 
Vice President are working for us, the American people, not anybody 
else.
  Mr. Speaker, I urge my colleagues to vote ``yes'' on this amendment 
and ``yes'' on H.R. 5314.
  Mr. COMER. Mr. Speaker, I yield the balance of my time to the 
gentleman from Ohio (Mr. Jordan), who is the ranking member of the 
House Judiciary Committee.
  Mr. JORDAN. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, Americans want safer streets, affordable gas, and 
freedom. Instead, Democrats give us record crime levels, record 
inflation, and another

[[Page H7607]]

bill attacking President Trump sponsored by the guy who spent years 
misleading the Congress and, more importantly, the country on the 
Trump-Russia investigation, on the Mueller investigation, and on 
impeachments.

                              {time}  1400

  Remember when the sponsor of the bill said that his office didn't 
meet with the whistleblower? Found out that wasn't true.
  Remember when the sponsor of the bill told us that we would hear from 
the whistleblower during impeachment; we would actually have real 
process instead of having hearings and depositions in the basement in 
the bunker of the Capitol?
  Remember when the sponsor told us this: There was more than 
circumstantial evidence that President Trump colluded with Russia? That 
turned out to be false. Bob Mueller said it was false. Everyone knew it 
was false.
  In fact, it was such baloney, even The Washington Post has had to 
retract and change things from stories because they said, oh, yeah, 
yeah, there was a lot of false information in that dossier that they 
used to go spy on President Trump's campaign.
  And I think this is important to understand. The sponsor of this 
legislation wasn't just any Member of Congress, Mr. Speaker. He wasn't 
just any chairman of a committee in Congress. He was the chairman of 
the Intelligence Committee, the committee that gets additional 
information from anyone else in the country, making those claims that 
were not accurate.
  So maybe, instead of having another bill that attacks President Trump 
because Democrats are afraid he is going to run and he is going to win 
in 2024, so they want to do everything they can to attack him--maybe 
instead of another bill attacking President Trump, we should actually 
focus on things that the American people care about.
  You know, you can attack President Trump all you want. I know one 
thing: A year ago, the border was secure. It sure was. A year ago, 
cities were safe, safer than they are today. A year ago, we didn't have 
a 31-year high inflation. We actually had wages going up, real wages. A 
year ago, we didn't have a Department of Justice, attacking moms and 
dads, putting a label, a designation, a threat tag on parents who 
simply go to school board meetings and speak out against a racist, 
hate-America curriculum. No, we didn't have that a year ago.
  But you guys can keep attacking the President all you want; not 
addressing the issues that the American people care about. We are going 
to speak about the issues they care about. We are going to try to do 
everything we can to slow down your crazy agenda that is driving up the 
price of everything. And we are going to speak out against and do 
everything we can to make sure the Department of Justice quits 
attacking parents.
  God bless the whistleblower that came forward and gave us the 
information sent from the Counterterrorism Division of the FBI. We 
could be dealing with that issue today. We could be holding the 
Attorney General accountable, the Justice Department accountable for 
what they are doing.
  No, no, no. We are going to attack President Trump again. Democrats, 
that is the only thing they can do because they can't talk about 
anything else.
  I hope we defeat this bill.
  Mr. COMER. Mr. Speaker, I yield back the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 1\1/2\ 
minutes to the gentlewoman from the great Commonwealth of Pennsylvania 
(Ms. Scanlon), the distinguished vice chair of the Committee on House 
Administration.
  Ms. SCANLON. Mr. Speaker, if the last few years have taught us 
anything, it is that we cannot take our democratic institutions for 
granted. And to protect them in the future, we must codify many of the 
rules of the road for good government which have been trampled in 
recent years by those more interested in personal power than the public 
good.
  That is why I rise in support of the Protecting Our Democracy Act, 
which would limit future abuses of Presidential powers, strengthen our 
system of checks and balances, and protect against foreign interference 
in our elections.
  I am proud to offer my amendment to this important piece of 
legislation which would increase the frequency with which the inspector 
general of the Department of Justice must report to Congress any 
improper communications between the Department of Justice and the White 
House.
  We all should be concerned about the threat it poses to our country 
when the occupant of the White House, whether it is Nixon, whether it 
is Trump, or whether it is anyone else, when they treat the Department 
of Justice as their own personal law firm, using taxpayer dollars to 
advance personal or political ambitions, or to block the investigation 
of corruption.
  We are learning more every day about the heroic public servants in 
the Department of Justice and elsewhere who raised their voices to push 
back against misconduct in the White House. My amendment would make it 
easier for these individuals to alert Congress to misconduct and allow 
us to better protect our democracy.
  I urge my colleagues to do their patriotic duty to protect our 
Constitution, and to support both my amendment and the underlying bill.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 1 minute to 
the gentlewoman from the great State of California (Ms. Pelosi), the 
distinguished and effective Speaker of the House.
  Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding, and I 
congratulate her on her great leadership chairing an important 
committee of the House, and thank her for bringing this legislation to 
the floor today.
  Mr. Speaker, I thank Mr. Adam Schiff for his leadership in putting 
this legislation together, and I will get to that in a moment.
  But first, I just want to say how proud we are today. Every day that 
we serve in this House, a House of the people, is a privilege. No 
matter what honors others may bestow on us in this House, whether we 
are Speaker, or leader, or whip, or whatever, nothing, no honor is 
greater than to be able to step on the floor and say that we speak for 
the people of our district; that they have chosen us to come here, as 
was intended by our Founders.

  Mr. Speaker, 245 years ago, in an act of daring that would redefine 
the world, our Founders--imagine the courage they had--declared their 
independence from an oppressive monarch. They said: ``We hold these 
truths to be self-evident, that all men are created equal, that they 
are endowed by their Creator with certain unalienable rights, that 
among these are life, liberty and the pursuit of happiness.'' The 
pursuit of happiness was written into the founding document.
  And they continued:

       Whenever any form of government becomes destructive of 
     these ends, it is the people's duty to throw off such 
     government, to provide new guards for their future security.

  They were speaking about England.
  Our Founders would then forge those guards for our own government, 
the democratic institutions enshrined in the Constitution which, for 
nearly 2-1/2 centuries, have safeguarded the security and well-being of 
the American people.
  But, disturbingly, the last administration saw our democracy in 
crisis, with a rogue President who trampled over the guardrails 
protecting our Republic.
  Now, Congress has the solemn responsibility and opportunity to 
safeguard our democracy, ensuring that past abuses can never be 
perpetrated by any President, of any party.
  The Protecting Our Democracy Act ensures the strength and survival of 
a democracy of, by, and for the people, defending the rule of law, 
revitalizing our system of checks and balances, and restoring our 
democratic institutions.
  Thank you to Chairman Adam Schiff and the chairs of the committees of 
jurisdiction, Judiciary being one of those, the Committee on Oversight 
and Reform, another, and many cosponsors for their leadership on this 
transformative package of democracy reforms which will put in place 
essential safeguards to prevent any President from abusing the public 
trust, no matter what his or her party is.
  This legislative package is sweeping and future-focused, looking to 
the future, designed to restate the rule of law now and for generations 
to come.

[[Page H7608]]

  Our chairs have crafted a robust reforms package that can stand up to 
and prevent attempts to undermine our democracy including: The abuse of 
pardon power, abuse of office for personal enrichment, the solicitation 
of foreign assistance in our elections, retaliatory attacks on 
whistleblowers and inspectors general, politicization of the tools of 
justice, and contempt of Congress' oversight powers on behalf of the 
American people, including our lawful subpoena power and the power of 
the purse.
  These steps ensure that no one, not even a President, is above the 
law.
  During the Constitutional Convention, one of our Founders, George 
Mason, asked: ``Shall any man be above justice? Above all shall that 
man be above it, who can commit the most extensive injustice?''
  In his great wisdom, George Mason knew that the injustice committed 
by the President erodes the rule of law, the very notion, the idea of 
fair justice, which is the bedrock of our democracy. And if we allow a 
President to be above the law, we surely do so to the peril of our 
Republic.
  Addressing Presidential abuse, therefore, goes to the very heart, the 
very survival of our democracy. We are a democracy; three coequal 
branches government, each a check and balance on the other that cannot 
be undermined. Otherwise, we are a monarchy, and that is what we chose 
not to be.
  Let me close by recalling another scene from that Constitutional 
Convention. On its final day, as our Constitution was adopted, Benjamin 
Franklin was greeted by folks as he descended the steps from 
Independence Hall. People know this story. Children in school learn it.
  The people asked, what do we have, a republic or a monarchy? Benjamin 
Franklin responded, ``A republic, if you can keep it.''
  This was the vision of our Founders, and we are grateful to them for 
it. This is what our men and women in uniform defend, freedom, our 
democracy, and we are grateful to them for it.
  This is what we owe our children as we go forward, to meet their 
aspirations to live in the United States of America, with liberty and 
justice for all. And we are responsible it.
  May we be worthy of the vision of our Founders, the sacrifice of our 
men and women in uniform, and the aspirations of our children.
  The Congress--as Article I, the first branch of government--will 
uphold our solemn duty to keep our Republic by passing the bill, for 
the people.
  I say this with great appreciation to all who worked so hard to put 
this together. I support this bipartisan amendment that is on the floor 
right now, and I thank those who worked together in a bipartisan way to 
put that forward, and I hope that we can have a successful day for the 
people, again, honoring our Founders, our men and women in uniform, and 
for the children.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, the amendments 
contained in this package will help ensure that the executive branch is 
accountable to the American people. This package includes amendments 
that were offered by both Democrats and Republicans.
  These amendments bolster the many reforms in the Protecting Our 
Democracy Act that will protect against future abuses by the executive 
branch. I urge my colleagues on both sides of the aisle to vote ``yes'' 
on this package of amendments, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Tonko). Pursuant to House Resolution 
838, the previous question is ordered on the amendments en bloc offered 
by the gentlewoman from New York (Mrs. Carolyn B. Maloney).
  The question is on the amendments en bloc.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. COMER. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


Amendments En Bloc No. 2 Offered by Mrs. Carolyn B. Maloney of New York

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, pursuant to House 
Resolution 838, I offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc No. 2 consisting of amendment Nos. 3 and 7, 
printed in part B of House Report 117-205, offered by Mrs. Carolyn B. 
Maloney of New York:


            amendment no. 3 offered by mr. burgess of texas

       Strike title II.


            amendment no. 7 offered by mr. comer of kentucky

       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; PLACEMENT 
                   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 second 
     sentence--

       (I) by striking ``reasons'' and inserting the following: 
     ``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 Reform of the House of 
     Representatives, and any other congressional committee that 
     has jurisdiction 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 required 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 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 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 
     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 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 subparagraph;
       ``(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 
     determination 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 
     inquiry.
       ``(C) The President 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 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 
     described 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 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) a written communication 
     that contains the information required under subparagraph 
     (B), including the report required 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 provided 
     advice and consent with respect to that appointment; and

[[Page H7609]]

       ``(II) includes the Inspector General of an establishment, 
     the Special Inspector General for Afghanistan Reconstruction, 
     the Special Inspector General for the Troubled Asset Relief 
     Program, and the Special Inspector General for Pandemic 
     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 
     Afghanistan 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 following: 
     ``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 Reform of the House of 
     Representatives, and any other congressional committee that 
     has jurisdiction 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 required 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 substantive 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 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 covered 
     official has determined applies under clause (i) of this 
     subparagraph;
       ``(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 
     determination 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 
     inquiry.
       ``(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 paragraph (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 
     described 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 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) a written communication 
     that contains the information required under subparagraph 
     (B), including the report required under clause (ii) of that 
     subparagraph.
       ``(D) Nothing in this paragraph may be construed to limit 
     or otherwise 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 
     status,'' after ``is removed from office'';
       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (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 
     status,'' after ``office'';
       (2) by inserting ``, change in status,'' after ``any such 
     removal''; and
       (3) by inserting ``, change in status,'' after ``before the 
     removal''.
       (c) Exception to Requirement to Submit Communication 
     Relating to Certain Changes in Status.--
       (1) Communication relating to change in status of inspector 
     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 
     ``Except 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 
     described in paragraph (1) 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 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 relied 
     on to make the determination under subparagraph (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 
     completed, 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 
     preceding 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 
     Representatives and the Committee in the Senate that has 
     jurisdiction over the Inspector General involved, the 
     Committee on Oversight and Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, a written communication 
     that contains the following information--
       ``(i) a specification of which clause under subparagraph 
     (A) the President relied on to make the determination 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 
     completed, the findings of that inquiry.''.
       (2) Communication relating to change in status of inspector 
     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--
       (A) in paragraph (2), by striking ``If'' and inserting 
     ``Except 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 
     submit 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--

[[Page H7610]]

       ``(A) the head 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 head includes--
       ``(i) a specification of which clause under subparagraph 
     (A) the head relied on to make the determination 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 
     completed, 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 
     Representatives and the Committee in the Senate that has 
     jurisdiction over the Inspector General involved, the 
     Committee on Oversight and Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, a written communication 
     that contains the following information--
       ``(i) a specification of which clause under subparagraph 
     (A) the head relied on to make the determination 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 
     completed, the findings of that inquiry.''.
       (d) Application.--The amendments made by this section shall 
     apply with respect to removals, transfers, and changes of 
     status occurring 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 following new section:

     ``Sec. 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 
     formal 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.

  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
gentlewoman from New York (Mrs. Carolyn B. Maloney) and the gentleman 
from Kentucky (Mr. Comer) each will control 10 minutes.
  The Chair recognizes the gentlewoman from New York.

                              {time}  1415

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I rise in 
opposition to these amendments.
  Together, these amendments would gut the bill and strike everything 
in this important package of reforms.
  The Protecting Our Democracy Act would make the government more 
transparent and accountable to the American people.
  Provisions in this bill have been supported by both Democrats and 
Republicans. For example, my Whistleblower Protection Improvement Act 
in Title VII is a bipartisan bill. Many of the reforms in this bill 
stem from efforts by prior administrations of both parties to enhance 
executive power.
  Democrats and Republicans in Congress should unite in reasserting 
congressional authority.
  Representative Burgess' amendment would strike important reforms in 
the bill which would ensure that Presidents and Vice Presidents can be 
held accountable for criminal conduct just like every other American.
  Representative Comer's amendment would strike every section of the 
bill, including reforms to strengthen whistleblower laws that encourage 
Federal employees to report government waste, fraud, and abuse.
  The amendment would strike protections against Federal agencies' 
misuse of government funds. The amendment would strike the provision in 
the bill that would require the President and Vice President to 
disclose their tax returns.
  The sponsor of this amendment, Representative Comer, said at the 
Rules Committee recently, just 2 days ago, that he supports that very 
reform. Yet, his amendment would remove it from the bill.
  These amendments are not a serious attempt at addressing the 
protections in this bill. They are simply a messaging tool that will 
gut the Protecting Our Democracy Act.
  My colleagues from across the aisle continue to claim that this bill 
is about punishing former President Trump. But Joe Biden is our 
President now, and these bold, good-government reforms will impact his 
administration as well as future Presidents of both parties.
  It is not about the past. It is about the future and the 
strengthening of our democracy. I strongly urge a ``no'' vote on this 
package of amendments, and I reserve the balance of my time.
  Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to support the amendments en bloc.
  In this package is my amendment, the IG Stability Act, which clearly 
shows where we should be able to come together and pass bipartisan 
inspector general reforms.
  Inspectors general play a critical role in rooting out fraud, waste, 
and abuse in the Federal Government. They help Congress, and especially 
the House Committee on Oversight and Reform, in conducting oversight of 
executive branch offices and Federal agencies.
  Yet, just like in every profession, occasionally there have been 
either poor performers or those who have acted outside their mandates. 
With respect to poor performers, we had, in my opinion, a very poor 
performing Election Assistance Commission IG, and she resigned after we 
started calling for her to do her job. In those situations, the 
President should have the flexibility to remove an inspector general.
  The Democrats' proposal would dramatically limit the President's 
authority to remove an inspector general for dereliction of duty or 
undermining the policies of a duly elected President.
  My amendment mirrors bipartisan language in the Senate which requires 
a detailed rationale to be provided to Congress prior to the removal of 
an IG. This ensures Congress has adequate oversight of the removal of 
an IG without preventing a President from removing an IG who is 
undermining them.
  Further, my amendment would help remedy the ongoing concern about IG 
vacancies, which has been a recurring problem in Republican and 
Democrat administrations. My amendment requires the President to notify 
Congress if they fail to fill a vacancy and provide a written 
explanation with a target date for nomination.
  This amendment ensures that the IG community is adequately staffed to 
conduct nonpartisan oversight over Federal agencies.
  This provision has already passed the House this year as part of the 
bipartisan Inspector General Protection Act, H.R. 23. Yet, the 
Democrats are now putting this commonsense, bipartisan amendment in an 
en bloc designed to fail. Why? They are not interested in real reform; 
they are just interested in messaging, messaging campaigns for the 2022 
midterm elections, which by all accounts aren't looking very bright for 
my friends across the aisle.
  This amendment and Mr. Burgess' amendment should be accepted, not 
shoved aside. I encourage support of

[[Page H7611]]

this amendment, and I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 3 minutes 
to the gentleman from New York (Mr. Nadler), the distinguished chair of 
the Committee on the Judiciary.
  Mr. NADLER. Mr. Speaker, I rise in strong opposition to this en bloc 
amendment, and particularly to the Burgess amendment.
  The Burgess amendment would strike one of the most important 
provisions in the bill, one that ensures that a sitting President or 
Vice President can be held accountable for their actions, just like 
every other American.
  This provision is necessary in order to close a dangerous loophole in 
the law created by DOJ policy, most recently embodied in the legal 
opinion by the Office of Legal Counsel, which holds that a President 
cannot be criminally prosecuted during his or her term in office.
  Under current law, throughout the entire period that a President is 
presumed by some to be immune from prosecution, the statute of 
limitations continues to run on any offenses he or she may have 
committed. Since most Federal criminal offenses carry a 5-year statute 
of limitations, a President who is not prosecuted while in office for a 
crime he or she may have committed could end up evading justice 
altogether if the statute of limitations runs out before their term is 
over, particularly if they are elected to a second term.

  Allowing complete immunity from criminal prosecution merely because 
of the office a person holds would make a mockery of the rule of law. 
It is a maxim of our system of justice that no man is immune from the 
law, that no man can be a judge in his own case.
  Statutes of limitations are an important element of criminal law. As 
a general matter, they provide a necessary balance between protecting 
defendants from delay and allowing prosecutors adequate time to 
investigate and charge cases. But the law has also long recognized that 
certain limited exceptions to this general rule are necessary. The case 
of a sitting President, whose prosecution is barred under Justice 
Department policy, fits comfortably among such exceptions.
  It is necessary, therefore, to simply pause the statute of 
limitations to ensure that the Presidency is not a get-out-of-jail-free 
card. We must not strike this essential provision, because every 
person, no matter his or her title or office, must be held accountable 
under our laws.
  I urge strong opposition to this amendment.
  Mr. Speaker, I want to mention one other thing. We have heard our 
friends across the aisle talk about Donald Trump, and they say that 
former President Trump did nothing wrong. Democrats, by and large, say 
he did a lot of things wrong. But that is irrelevant to this debate.
  This bill has nothing to do with President Trump any more than the 
post-Watergate reforms had to do with Richard Nixon. Richard Nixon's 
conduct taught us certain lessons, and Donald Trump's conduct taught us 
certain lessons. The legislation before us is the result of those 
lessons.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. CAROLYN B. MALONEY of New York. I yield as much time as he may 
consume to the gentleman.
  Mr. NADLER. Mr. Speaker, those lessons are for us to use to protect 
the future. That is what this legislation is about, to protect the 
future from a President, of any party, who may violate the law, who may 
aggrandize power. That is what this is about: the future, not the past.
  So when I hear our Republican friends talk about Donald Trump and 
talk about how he wasn't convicted, et cetera, it is irrelevant. We are 
talking about the future, not the past. For the future, it is necessary 
to pass this bill, and for the future, it is necessary to defeat this 
en bloc amendment.
  Mr. COMER. Mr. Speaker, again, they say it is not about Donald Trump, 
but every speaker on that side of the aisle spent a significant 
percentage of their time talking about Donald Trump.
  Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. 
Burgess).
  Mr. BURGESS. Mr. Speaker, I do intend to speak on my amendment to 
H.R. 5314, but I do have to reference the remarks recently made by the 
Democratic Speaker of the House on her testimony.
  Look, it is no news flash that Democrats dislike the former 
President. Democrats dislike President Trump. The news flash is they 
really fear the former President, and that is what this legislation is 
all about, because their fear is so intense and so overreaching and so 
preoccupying in their lives, they can think of nothing else.
  I do want to thank my friend from Kentucky for including me in this 
en bloc discussion. I think the amendments that Mr. Comer and I are 
offering are an important addition to this bill, the so-called 
Protecting Our Democracy Act.
  Title II of this bill extends the statute of limitations for offenses 
allegedly committed by a sitting President or a Vice President for the 
duration of their tenure and any period of time preceding their tenure 
in office. While we can agree with the title of the section, ``No 
President is Above the Law,'' this section further sets our President 
and Vice President apart.
  Under current law, elected officials, President and Vice President, 
may be investigated for alleged commissions of crimes, and any 
information can then be brought before Congress where Congress can then 
choose to remove that official from office via impeachment.
  We know how facile our Democratic majority has been with the tool of 
impeachment in the past 2 years. If impeached and removed from office, 
that individual, the President or Vice President, would then be open to 
prosecution to the fullest extent of the law, well within the statute 
of limitations, just like every other American.
  Additionally, Title II is very likely unconstitutional, as the Sixth 
Amendment's speedy trial clause protects the accused against 
unreasonable delays between an indictment and a trial. Extending the 
statute of limitations in Title II of this bill would only further 
politicize the Presidency and Vice Presidency, further politicize the 
impeachment process, which the Democrats have elevated to a high art, 
and make holders of those offices the targets of politically motivated 
investigations during and after their terms.
  For those reasons, I urge support of this amendment and support of 
Mr. Comer's amendment.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I am prepared to 
close, and I reserve the balance of my time.
  Mr. COMER. Mr. Speaker, I yield back the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such 
time as I may consume for closing.
  The underlying bill is about the future, the future of our democracy. 
It is about strengthening our democracy. These amendments would gut the 
underlying bill, the Protecting Our Democracy Act.
  I support the bill, because it includes reforms, such as curbing the 
abuse of the pardon power, increasing penalties for political 
appointees who violate the Hatch Act, strengthening whistleblower 
protections and IG protections, and it would require the President and 
Vice President to reveal their taxes, among other reforms.
  Mr. Speaker, I urge my colleagues to vote ``no'' on this package of 
amendments, and I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
previous question is ordered on the amendments en bloc offered by the 
gentlewoman from New York (Mrs. Carolyn B. Maloney).
  The question is on the amendments en bloc.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. COMER. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.

                              {time}  1430


             Amendment No. 25 Offered by Ms. Ocasio-Cortez

  The SPEAKER pro tempore. It is now in order to consider amendment No. 
25 printed in part B of House Report 117-205.

[[Page H7612]]

  

  Ms. OCASIO-CORTEZ. Mr. Speaker, I have an amendment at the desk.
  The SPEAKER pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       At the end of subtitle B of title VIII add the following:

     SEC. 814. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS AND 
                   INVESTIGATIONS.

       (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 following new section:

     ``SEC. 513. GOVERNMENT ACCOUNTABILITY OFFICE ANALYSES, 
                   EVALUATIONS, AND INVESTIGATIONS.

       ``(a) In General.--The Director of National Intelligence 
     shall, to the extent consistent with due regard for the 
     protection from unauthorized disclosure of classified 
     information relating to sensitive intelligence sources and 
     methods, ensure that personnel of the Government 
     Accountability Office designated by the Comptroller General 
     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 committee of 
     Congress with jurisdiction over such program or activity.
       ``(b) Confidentiality.--(1) The Comptroller General shall 
     maintain the same level of confidentiality for information 
     made available for an analysis, evaluation, or investigation 
     referred to in subsection (a) as is required of the head of 
     the element of the intelligence community from which such 
     information is obtained. Officers 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 
     General or officers and employees of the Government 
     Accountability Office with access to such information.
       ``(2) The Comptroller General shall establish procedures to 
     protect from unauthorized disclosure all classified and other 
     sensitive information furnished to the Comptroller General or 
     any representative of the Comptroller General for conducting 
     an analysis, evaluation, or investigation referred to in 
     subsection (a). Such procedures shall be established in 
     consultation with the Director of National Intelligence and 
     the congressional intelligence committees.
       ``(3) Before initiating an analysis, evaluation, or 
     investigation referred 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 officer 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 intelligence 
     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 committees 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 
     beginning 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 
              investigations.''.

  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
gentlewoman from New York (Ms. Ocasio-Cortez) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentlewoman from New York.
  Ms. OCASIO-CORTEZ. Mr. Speaker, since its creation in 1921, the 
Government Accountability Office has had the purview to conduct 
oversight of all Federal agencies with the goal of reducing waste, 
fraud, and abuse and holding accountable bad actors.
  However, and unfortunately, most of our intelligence agencies today 
are not fully cooperative with the GAO, pointing to an outdated and 
vague 1988 Department of Justice opinion.
  My amendment would allow the GAO to act as a check on this behavior--
not creating new powers, but restoring the power Congress always 
intended the GAO to have.
  This amendment is welcomed by many in the intelligence community who 
want to protect their important work and resources from abuse, 
particularly after the last Presidency we just endured.
  This amendment was drafted in partnership with the community, and I 
am proud to have the support of Representative Adam Schiff, who serves 
as the chairman of the House Permanent Select Committee on 
Intelligence. In fact, many of my colleagues have already taken a stand 
in support of this legislation because, in 2010, the House passed a 
virtually identical amendment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COMER. Mr. Speaker, I rise in opposition to this amendment.
  The SPEAKER pro tempore. The gentleman from Kentucky is recognized 
for 5 minutes.
  Mr. COMER. Mr. Speaker, I must say that the GAO plays an important 
role in the legislative branch, but with matters of national security, 
we must ensure protocols are followed to prevent unauthorized 
disclosures of national security information. With this amendment, it 
is unclear whether those protocols are being met, creating a potential 
national security risk.
  Further, the House Intelligence Committee already has the authority 
to task GAO, when necessary and appropriate, to conduct reviews of the 
intelligence community and to ensure GAO receives appropriate 
information from the intelligence community. The House Intelligence 
Committee has done this several times in the past, making this 
amendment moot.
  Again, this is why we needed to go through regular order on the 
various bills stitched together in the underlying bill. The committees 
need to have an opportunity to vet bills, including amendments such as 
these, before they come to the floor of the House. That is how we 
ensure good bills are passed.
  Mr. Speaker, I reserve the balance of my time.
  Ms. OCASIO-CORTEZ. Mr. Speaker, I yield 1 minute to the gentlewoman 
from New York (Mrs. Carolyn B. Maloney), the chairwoman of the House 
Oversight Committee.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I rise in support 
of this amendment and thank the gentlewoman from New York (Ms. Ocasio-
Cortez) for her leadership in offering it. This amendment would clarify 
the Government Accountability Office's authority to investigate the 
intelligence community.
  As Congress' watchdog, GAO helps to improve Federal Government 
performance and ensure accountability for the American people. GAO has 
the tools and expertise to ensure that classified information is 
treated with appropriate care and confidentiality. They have been doing 
that for decades.
  For example, as part of its audit work, GAO is authorized to examine 
highly sensitive tax return information. Strict protocols are followed 
to protect that information while still enabling GAO to carry out its 
important legislative and oversight responsibilities.
  This amendment includes important safeguards to balance the 
protection of sensitive information with the need for oversight of the 
intelligence community.
  Mr. Speaker, I urge a strong ``yes'' vote on this amendment.
  Mr. COMER. Mr. Speaker, I reserve the balance of my time.
  Ms. OCASIO-CORTEZ. Mr. Speaker, I yield 1 minute to the gentleman 
from California (Mr. Schiff), the chairman of the House Intelligence 
Committee.
  Mr. SCHIFF. Mr. Speaker, I rise in support of Representative Ocasio-
Cortez's amendment.
  The GAO's expertise and technical capacity are critical to Congress' 
oversight. This amendment by the gentlewoman from New York (Ms. Ocasio-
Cortez) gives GAO access to important information in the IC's 
possession that is necessary for the conduct of GAO's responsibilities 
while also ensuring the protection of sensitive sources and methods. It 
strikes the right balance between security, transparency, and needed 
oversight.
  It also imposes confidentiality restrictions; clarifies that GAO 
officers and employees, like their IC colleagues, are subject to 
penalties for unauthorized disclosure; and requires the Comptroller 
General to consult with the Director of National Intelligence to 
establish protections against such unauthorized disclosures.
  In sum, the amendment will enhance congressional oversight of the IC 
in a manner that protects our national security. I want to thank my 
colleague for offering it. I urge a ``yes'' vote.

[[Page H7613]]

  

  Mr. COMER. Mr. Speaker, every time Chairman Schiff rises to speak on 
a bill about intelligence and security and holding the President 
accountable, I get excited, hoping that we are going to hear about that 
evidence of collusion and all the other investigations that were 
conducted in this House over the past year.
  Mr. SCHIFF. Will the gentleman yield?
  Mr. COMER. I yield to the gentleman from California.
  Mr. SCHIFF. Let me ask the gentleman, are you aware, just by way of 
illustration, that the President's campaign chairman, Paul Manafort, 
secretly met with an agent of Russian intelligence and provided 
Russian intelligence with internal campaign polling data as well as 
strategic insights about their strategy in key battleground States? Are 
you aware of that?

  Mr. COMER. I think everyone is aware of every bit of information that 
you all have tried to peddle over the past 4 years.
  Mr. SCHIFF. Let me ask you, are you aware, while the Trump campaign 
chairman was providing internal polling data, that Kremlin intelligence 
was leading a clandestine social media campaign to elect Donald Trump? 
Are you aware of that?
  Mr. COMER. I think we see every day. Facebook just announced that 
Russia was trying to do a Facebook campaign in Ukraine, if I remember 
reading that correctly.
  Mr. Schiff, would you yield to a question from me?
  Mr. SCHIFF. Would you like me to go on?
  Mr. COMER. Would you yield to a question?
  Mr. SCHIFF. Well, I am asking you. You asked me to present you with 
some of the information.
  Mr. COMER. I think it is great. Are you aware of President Biden's 
son Hunter's art dealings?
  Mr. SCHIFF. If you would like me to continue.
  Mr. COMER. Are you aware of the President's son's dealings in Congo 
with the cobalt mine? Are you aware of the dealings in Ukraine?
  Mr. SCHIFF. To get to the gentleman's question, I am aware of 
President Trump's son meeting secretly in Trump Tower in New York with 
the Russian delegation with the purpose of receiving dirt on Hillary 
Clinton, which the Russian delegation represented was part of the 
Russian Government's effort to help elect Donald Trump in 2016.
  I am aware that Donald Trump, Jr., said in response to that Russian 
offer of dirt on Donald Trump's opponent that he would ``love it,'' 
suggested the best time would be in late summer, and had a secret 
meeting in Trump Tower. When asked about that secret meeting, both the 
President and his son lied about it. Are you aware of those facts?
  Mr. COMER. I think that everyone has seen all the information, again, 
that you all have peddled. I am curious if you would like to take a 
wager on which President's child, which President's son, at the end of 
the day, once we have the gavel, will be the greatest security risk to 
our Nation, Hunter Biden or--
  Mr. SCHIFF. I am happy to continue to outline the contacts between 
the Trump campaign and Russia, their solicitation of Russian help in 
the election, the former President's effort to coerce Ukraine into 
helping him cheat in the election. I would be happy to go chapter and 
verse if you would like me to use your time that way.
  Right now, though, the subject of this amendment is to allow the 
General Accountability Office, the GAO, to help Congress oversee 
aspects of the intelligence community, but if you are more interested--
  Mr. COMER. I reclaim my time. They spent a lot of time, a lot of 
time, a lot of effort, a lot of tax dollars on trying to peddle a lot 
of wrongdoing in the previous administration.
  This bill is all about the previous administration. Every speaker on 
their side of the aisle has mentioned Donald Trump's name numerous 
times, every speaker. It is time for the majority party to focus on 
governing and get over their obsession with Donald Trump.
  Mr. Speaker, I yield back the balance of my time.
  Ms. OCASIO-CORTEZ. Mr. Speaker, overall, the Protecting Our Democracy 
Act will do much to address the weaknesses that were exposed in light 
of the last administration and exploited during President Trump's 
Presidency.
  I am proud to have four other amendments being included today that 
address nepotism, codify the Biden ethics pledge, and regulate defense 
funds as well as inaugural committees. I hope my colleagues will also 
see the value in protecting our Intelligence Committees from abuse and 
vote to include this amendment in the POD Act.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
previous question is ordered on the amendment offered by the 
gentlewoman from New York (Ms. Ocasio-Cortez).
  The question is on the amendment.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appear to have it.
  Mr. COMER. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Proceedings will resume on questions related 
to H.R. 5314 previously postponed.
  Votes will be taken in the following order:
  Amendments en bloc No. 1;
  Amendments en bloc No. 2;
  Amendment No. 25;
  A motion to recommit, if offered;
  The question on passage of the bill, if ordered.
  The first electronic vote will be conducted as a 15-minute vote. 
Pursuant to clause 9 of rule XX, remaining electronic votes will be 
conducted as 5-minute votes.


Amendments En Bloc No. 1 Offered by Mrs. Carolyn B. Maloney of New York

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the 
unfinished business is the question on the adoption of amendments en 
bloc No. 1, printed in part B of House Report 117-205, on which further 
proceedings were postponed and on which the yeas and nays were ordered.
  The Clerk will redesignate the amendments en bloc.
  The Clerk redesignated the amendments en bloc.
  The SPEAKER pro tempore. The question is on the amendments en bloc 
offered by the gentlewoman from New York (Mrs. Carolyn B. Maloney).
  The vote was taken by electronic device, and there were--yeas 218, 
nays 211, not voting 4, as follows:

                             [Roll No. 436]

                               YEAS--218

     Adams
     Aguilar
     Allred
     Auchincloss
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brown (MD)
     Brown (OH)
     Brownley
     Bush
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Frankel, Lois
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez, Vicente
     Gottheimer
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jacobs (CA)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Jones
     Kahele
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Lowenthal
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)

[[Page H7614]]


     Quigley
     Raskin
     Rice (NY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Sires
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Williams (GA)
     Wilson (FL)
     Yarmuth

                               NAYS--211

     Aderholt
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bentz
     Bergman
     Bice (OK)
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brady
     Brooks
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Cawthorn
     Chabot
     Cheney
     Cline
     Cloud
     Clyde
     Cole
     Comer
     Crawford
     Crenshaw
     Curtis
     Davidson
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn
     Ellzey
     Emmer
     Estes
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Fortenberry
     Foxx
     Franklin, C. Scott
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia (CA)
     Gibbs
     Gimenez
     Gonzales, Tony
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Harshbarger
     Hartzler
     Hern
     Herrell
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill
     Hinson
     Hollingsworth
     Hudson
     Huizenga
     Issa
     Jackson
     Jacobs (NY)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     Kim (CA)
     Kinzinger
     Kustoff
     LaHood
     LaMalfa
     Lamborn
     Latta
     LaTurner
     Lesko
     Letlow
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Mace
     Malliotakis
     Mann
     Massie
     Mast
     McCarthy
     McCaul
     McClain
     McClintock
     McHenry
     McKinley
     Meijer
     Meuser
     Miller (IL)
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Mullin
     Murphy (NC)
     Nehls
     Newhouse
     Norman
     Nunes
     Obernolte
     Owens
     Palazzo
     Palmer
     Pence
     Perry
     Pfluger
     Posey
     Reed
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Salazar
     Scalise
     Schweikert
     Scott, Austin
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Stewart
     Taylor
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Upton
     Valadao
     Van Drew
     Van Duyne
     Wagner
     Walberg
     Walorski
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (TX)
     Wilson (SC)
     Wittman
     Womack
     Young
     Zeldin

                             NOT VOTING--4

     Gohmert
     Murphy (FL)
     Reschenthaler
     Slotkin

                              {time}  1519

  Messrs. LUCAS, WALBERG, and JOYCE of Ohio changed their vote from 
``yea'' to ``nay.''
  So the en bloc amendments were agreed to.
  The result of the vote was announced as above recorded.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Baird (Walorski)
     Barragan (Gallego)
     Bass (Brownley)
     Buchanan (Waltz)
     Courtney (Hayes)
     Crist (Soto)
     Cuellar (Green (TX))
     DeFazio (Brown (MD))
     Fallon (Gooden)
     Fulcher (Johnson (OH))
     Garamendi (Sherman)
     Granger (Cole)
     Guthrie (Barr)
     Hagedorn (Carl)
     Hice (GA) (Greene (GA))
     Higgins (NY) (Connolly)
     Huffman (Levin (CA))
     Kim (CA) (Pfluger)
     Kirkpatrick (Stanton)
     Lawson (FL) (Evans)
     Lesko (Miller (WV))
     Loudermilk (Fleischmann)
     Mfume (Evans)
     Moore (UT) (Carl)
     Napolitano (Correa)
     Nehls (Cawthorn)
     Newman (Garcia (IL))
     Payne (Pallone)
     Posey (McHenry)
     Rush (Quigley)
     Sires (Pallone)
     Smith (NJ) (Van Drew)
     Smith (WA) (Kilmer)
     Speier (Thompson (CA))
     Strickland (Meng)
     Swalwell (Gomez)
     Underwood (Casten)
     Veasey (Neguse)
     Wilson (FL) (Hayes)
     Young (Spartz)


Amendments En Bloc No. 2 Offered by Mrs. Carolyn B. Maloney of New York

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the 
unfinished business is the question on the adoption of amendments en 
bloc No. 2, printed in part B of House Report 117-205, on which further 
proceedings were postponed and on which the yeas and nays were ordered.
  The Clerk will redesignate the amendments en bloc.
  The Clerk redesignated the amendments en bloc.
  The SPEAKER pro tempore. The question is on the amendments en bloc 
offered by the gentlewoman from New York (Mrs. Carolyn B. Maloney).
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 211, 
nays 218, not voting 4, as follows:

                             [Roll No. 437]

                               YEAS--211

     Aderholt
     Allen
     Amodei
     Armstrong
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bentz
     Bergman
     Bice (OK)
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brooks
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Cawthorn
     Chabot
     Cheney
     Cline
     Cloud
     Clyde
     Cole
     Comer
     Crawford
     Crenshaw
     Curtis
     Davidson
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn
     Ellzey
     Emmer
     Estes
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Fortenberry
     Foxx
     Franklin, C. Scott
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia (CA)
     Gibbs
     Gimenez
     Gohmert
     Gonzales, Tony
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Harshbarger
     Hartzler
     Hern
     Herrell
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill
     Hinson
     Hollingsworth
     Hudson
     Huizenga
     Issa
     Jackson
     Jacobs (NY)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     Kim (CA)
     Kinzinger
     Kustoff
     LaHood
     LaMalfa
     Lamborn
     Latta
     LaTurner
     Lesko
     Letlow
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Mace
     Malliotakis
     Mann
     Massie
     Mast
     McCarthy
     McCaul
     McClain
     McClintock
     McHenry
     McKinley
     Meijer
     Meuser
     Miller (IL)
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Mullin
     Murphy (NC)
     Nehls
     Newhouse
     Norman
     Nunes
     Obernolte
     Owens
     Palazzo
     Palmer
     Pence
     Perry
     Pfluger
     Posey
     Reed
     Reschenthaler
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Salazar
     Scalise
     Schweikert
     Scott, Austin
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Stewart
     Taylor
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Upton
     Valadao
     Van Drew
     Van Duyne
     Wagner
     Walberg
     Walorski
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (TX)
     Wilson (SC)
     Wittman
     Womack
     Young
     Zeldin

                               NAYS--218

     Adams
     Aguilar
     Allred
     Arrington
     Auchincloss
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brown (MD)
     Brown (OH)
     Brownley
     Bush
     Bustos
     Butterfield
     Carbajal
     Carson
     Carter (LA)
     Cartwright
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Frankel, Lois
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez, Vicente
     Gottheimer
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jacobs (CA)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Jones
     Kahele
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Lowenthal
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan

[[Page H7615]]


     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Sires
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Williams (GA)
     Wilson (FL)
     Yarmuth

                             NOT VOTING--4

     Brady
     Cardenas
     Murphy (FL)
     Slotkin

                              {time}  1532

  Mr. TAKANO, Ms. LEE of California, and Mr. HUFFMAN changed their vote 
from ``yea'' to ``nay.''
  Messrs. GALLAGHER, NEHLS, CAWTHORN, and Ms. VAN DUYNE changed their 
vote from ``nay'' to ``yea.''
  So the en bloc amendments were rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. ARRINGTON. Mr. Speaker, I was reported as no, but I intended to 
vote yes. Had I been present, I would have voted ``yea'' on rollcall 
No. 437.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Baird (Walorski)
     Barragan (Gallego)
     Bass (Brownley)
     Buchanan (Waltz)
     Courtney (Hayes)
     Crist (Soto)
     Cuellar (Green (TX))
     DeFazio (Brown (MD))
     Fallon (Gooden)
     Fulcher (Johnson (OH))
     Garamendi (Sherman)
     Granger (Cole)
     Guthrie (Barr)
     Hagedorn (Carl)
     Hice (GA) (Greene (GA))
     Higgins (NY) (Connolly)
     Huffman (Levin (CA))
     Kim (CA) (Pfluger)
     Kirkpatrick (Stanton)
     Lawson (FL) (Evans)
     Lesko (Miller (WV))
     Lofgren (Jeffries)
     Loudermilk (Fleischmann)
     Mfume (Evans)
     Moore (UT) (Carl)
     Napolitano (Correa)
     Nehls (Cawthorn)
     Newman (Garcia (IL))
     Payne (Pallone)
     Posey (McHenry)
     Porter (Wexton)
     Reschenthaler (Meuser)
     Rush (Quigley)
     Sires (Pallone)
     Smith (NJ) (Van Drew)
     Smith (WA) (Kilmer)
     Speier (Thompson (CA))
     Strickland (Meng)
     Swalwell (Gomez)
     Underwood (Casten)
     Veasey (Neguse)
     Wilson (FL) (Hayes)
     Young (Spartz)


             Amendment No. 25 Offered by Ms. Ocasio-Cortez

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the 
unfinished business is the question on amendment No. 25, printed in 
part B of House Report 117-205, on which further proceedings were 
postponed and on which the yeas and nays were ordered.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.
  The SPEAKER pro tempore. The question is on the amendment offered by 
the gentlewoman from New York (Ms. Ocasio-Cortez).
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 196, 
nays 233, not voting 4, as follows:

                             [Roll No. 438]

                               YEAS--196

     Adams
     Aguilar
     Allred
     Auchincloss
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brown (MD)
     Brown (OH)
     Brownley
     Bush
     Butterfield
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Frankel, Lois
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Gomez
     Gonzalez, Vicente
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Hoyer
     Huffman
     Jackson Lee
     Jacobs (CA)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Jones
     Kahele
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Lowenthal
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Massie
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Scott (VA)
     Scott, David
     Sherman
     Sires
     Smith (WA)
     Soto
     Speier
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Underwood
     Vargas
     Veasey
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Williams (GA)
     Wilson (FL)
     Yarmuth

                               NAYS--233

     Aderholt
     Allen
     Amodei
     Armstrong
     Arrington
     Axne
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bentz
     Bergman
     Bice (OK)
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brady
     Brooks
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Bustos
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Cartwright
     Cawthorn
     Chabot
     Cheney
     Cline
     Cloud
     Clyde
     Cole
     Comer
     Craig
     Crawford
     Crenshaw
     Curtis
     Davidson
     Davis, Rodney
     Delgado
     Demings
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn
     Ellzey
     Emmer
     Estes
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Fortenberry
     Foxx
     Franklin, C. Scott
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia (CA)
     Gibbs
     Gimenez
     Gohmert
     Golden
     Gonzales, Tony
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Gottheimer
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Harshbarger
     Hartzler
     Hern
     Herrell
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill
     Hinson
     Hollingsworth
     Houlahan
     Huizenga
     Issa
     Jackson
     Jacobs (NY)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     Kim (CA)
     Kinzinger
     Kustoff
     LaHood
     LaMalfa
     Lamb
     Lamborn
     Latta
     LaTurner
     Lee (NV)
     Lesko
     Letlow
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Luria
     Mace
     Malliotakis
     Mann
     Mast
     McCarthy
     McCaul
     McClain
     McClintock
     McHenry
     McKinley
     Meijer
     Meuser
     Miller (IL)
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Mullin
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     O'Halleran
     Obernolte
     Owens
     Palazzo
     Palmer
     Pappas
     Pence
     Perry
     Pfluger
     Posey
     Reed
     Reschenthaler
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Salazar
     Scalise
     Schrader
     Schrier
     Schweikert
     Scott, Austin
     Sessions
     Sewell
     Sherrill
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spanberger
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Stewart
     Taylor
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Trone
     Turner
     Upton
     Valadao
     Van Drew
     Van Duyne
     Vela
     Wagner
     Walberg
     Walorski
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Wexton
     Wild
     Williams (TX)
     Wilson (SC)
     Wittman
     Womack
     Young
     Zeldin

                             NOT VOTING--4

     Hudson
     Murphy (FL)
     Nehls
     Slotkin

                              {time}  1543

  Mr. BROWN of Maryland changed his vote from ``nay'' to ``yea.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Baird (Walorski)
     Barragan (Gallego)
     Bass (Brownley)
     Buchanan (Waltz)
     Courtney (Hayes)
     Crist (Soto)
     Cuellar (Green (TX))
     DeFazio (Brown (MD))
     Fallon (Gooden)
     Fulcher (Johnson (OH))
     Garamendi (Sherman)
     Granger (Cole)
     Guthrie (Barr)
     Hagedorn (Carl)
     Hice (GA) (Greene (GA))
     Higgins (NY) (Connolly)
     Huffman (Levin (CA))
     Kim (CA) (Pfluger)
     Kirkpatrick (Stanton)
     Lawson (FL) (Evans)
     Lesko (Miller (WV))
     Lofgren (Jeffries)
     Loudermilk (Fleischmann)
     Mfume (Evans)
     Moore (UT) (Carl)
     Napolitano (Correa)
     Newman (Garcia (IL))
     Payne (Pallone)
     Posey (McHenry)
     Porter (Wexton)
     Reschenthaler (Meuser)
     Rush (Quigley)
     Sires (Pallone)
     Smith (NJ) (Van Drew)
     Smith (WA) (Kilmer)
     Speier (Thompson (CA))
     Strickland (Meng)
     Swalwell (Gomez)
     Underwood (Casten)
     Veasey (Neguse)
     Wilson (FL) (Hayes)
     Young (Spartz)


 =========================== NOTE =========================== 

  
  December 9, 2021, on page H7615 (third column), the following 
appeared: Baird (Walorski) Barragan (Gallego) Bass (Brownley) 
Buchanan (Waltz) Courtney (Hayes) Crist (Soto) Cuellar (Green 
(TX)) DeFazio (Brown (MD)) Fallon (Gooden) Fulcher (Johnson (OH)) 
Garamendi (Sherman) Granger (Cole) Guthrie (Barr) Hagedorn (Carl) 
Hice (GA) (Greene (GA)) Higgins (NY) (Connolly) Huffman (Levin 
(CA)) Kim (CA) (Pfluger) Kirkpatrick (Stanton) Lawson (FL) (Evans) 
Lesko (Miller (WV)) Lofgren (Jeffries) Loudermilk (Fleischmann) 
Mfume (Evans) Moore (UT) (Carl) Napolitano (Correa) Nehls 
(Cawthorn) Newman (Garcia (IL)) Payne (Pallone) Posey (McHenry) 
Porter (Wexton) Reschenthaler (Meuser) Rush (Quigley) Sires 
(Pallone) Smith (NJ) (Van Drew) Smith (WA) (Kilmer) Speier 
(Thompson (CA)) Strickland (Meng) Swalwell (Gomez) Underwood 
(Casten) Veasey (Neguse) Wilson (FL) (Hayes) Young (Spartz)
  
  The online version has been corrected to read: Baird (Walorski) 
Barragan (Gallego) Bass (Brownley) Buchanan (Waltz) Courtney 
(Hayes) Crist (Soto) Cuellar (Green (TX)) DeFazio (Brown (MD)) 
Fallon (Gooden) Fulcher (Johnson (OH)) Garamendi (Sherman) Granger 
(Cole) Guthrie (Barr) Hagedorn (Carl) Hice (GA) (Greene (GA)) 
Higgins (NY) (Connolly) Huffman (Levin (CA)) Kim (CA) (Pfluger) 
Kirkpatrick (Stanton) Lawson (FL) (Evans) Lesko (Miller (WV)) 
Lofgren (Jeffries) Loudermilk (Fleischmann) Mfume (Evans) Moore 
(UT) (Carl) Napolitano (Correa) Newman (Garcia (IL)) Payne 
(Pallone) Posey (McHenry) Porter (Wexton) Reschenthaler (Meuser) 
Rush (Quigley) Sires (Pallone) Smith (NJ) (Van Drew) Smith (WA) 
(Kilmer) Speier (Thompson (CA)) Strickland (Meng) Swalwell (Gomez) 
Underwood (Casten) Veasey (Neguse) Wilson (FL) (Hayes) Young 
(Spartz)


 ========================= END NOTE ========================= 


  The SPEAKER pro tempore. Pursuant to House Resolution 838, the 
previous question is ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.

[[Page H7616]]

  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I have a motion to 
recommit at the desk.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Rodney Davis of Illinois moves to recommit the bill 
     H.R. 5314 to the Committee on Oversight and Reform.
  The material previously referred to by Mr. Rodney Davis of Illinois 
is as follows:
       Add at the end of division C the following:

           TITLE XV--REMOVAL OF NONCITIZENS FROM VOTING ROLLS

     SEC. 1501. CLARIFYING AUTHORITY OF STATES TO REMOVE 
                   NONCITIZENS FROM VOTING ROLLS.

       (a) Authority Under Regular Removal Programs.--Section 
     8(a)(4) of the National Voter Registration Act of 1993 (52 
     U.S.C. 20507(a)(4)) is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) the registrant's status as a noncitizen of the United 
     States; or''.
       (b) Conforming Amendment Relating to Ongoing Removal.--
     Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 
     20507(c)(2)(B)(i)) is amended by striking ``(4)(A)'' and 
     inserting ``(4)(A) or (B)''.

  The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the 
previous question is ordered on the motion to recommit.
  The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, on that I demand the yeas 
and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 212, 
nays 217, not voting 4, as follows:

                             [Roll No. 439]

                               YEAS--212

     Aderholt
     Allen
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bentz
     Bergman
     Bice (OK)
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brady
     Brooks
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Cawthorn
     Chabot
     Cheney
     Cline
     Cloud
     Clyde
     Cole
     Comer
     Crawford
     Crenshaw
     Curtis
     Davidson
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn
     Ellzey
     Emmer
     Estes
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Foxx
     Franklin, C. Scott
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia (CA)
     Gibbs
     Gimenez
     Gohmert
     Gonzales, Tony
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Green (TN)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Harshbarger
     Hartzler
     Hern
     Herrell
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill
     Hinson
     Hollingsworth
     Hudson
     Huizenga
     Issa
     Jackson
     Jacobs (NY)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     Kim (CA)
     Kinzinger
     Kustoff
     LaHood
     LaMalfa
     Lamborn
     Latta
     LaTurner
     Lesko
     Letlow
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Mace
     Malliotakis
     Mann
     Massie
     Mast
     McCarthy
     McCaul
     McClain
     McClintock
     McHenry
     McKinley
     Meijer
     Meuser
     Miller (IL)
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Mullin
     Murphy (NC)
     Nehls
     Newhouse
     Norman
     Nunes
     Obernolte
     Owens
     Palazzo
     Palmer
     Pence
     Perry
     Pfluger
     Posey
     Reed
     Reschenthaler
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Salazar
     Scalise
     Schweikert
     Scott, Austin
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Stewart
     Taylor
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Upton
     Valadao
     Van Drew
     Van Duyne
     Wagner
     Walberg
     Walorski
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (TX)
     Wilson (SC)
     Wittman
     Womack
     Young
     Zeldin

                               NAYS--217

     Adams
     Aguilar
     Allred
     Auchincloss
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brown (MD)
     Brown (OH)
     Brownley
     Bush
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Case
     Casten
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Frankel, Lois
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez, Vicente
     Gottheimer
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jacobs (CA)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Jones
     Kahele
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Lowenthal
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Sires
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Vargas
     Veasey
     Vela
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Williams (GA)
     Wilson (FL)
     Yarmuth

                             NOT VOTING--4

     Fortenberry
     Murphy (FL)
     Slotkin
       
     Underwood

                              {time}  1556

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. UNDERWOOD. Mr. Speaker, had I been present, I would have voted 
``nay'' on rollcall No. 439.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Baird (Walorski)
     Barragan (Gallego)
     Bass (Brownley)
     Buchanan (Waltz)
     Courtney (Hayes)
     Crist (Soto)
     Cuellar (Green (TX))
     Fallon (Gooden)
     Fulcher (Johnson (OH))
     Garamendi (Sherman)
     Granger (Cole)
     Guthrie (Barr)
     Hagedorn (Carl)
     Hice (GA) (Greene (GA))
     Higgins (NY) (Connolly)
     Huffman (Levin (CA))
     Kim (CA) (Pfluger)
     Kirkpatrick (Stanton)
     Lawson (FL) (Evans)
     Lesko (Miller (WV))
     Lofgren (Jeffries)
     Loudermilk (Fleischmann)
     Mfume (Evans)
     Moore (UT) (Carl)
     Napolitano (Correa)
     Nehls (Cawthorn)
     Newman (Garcia (IL))
     Payne (Pallone)
     Posey (McHenry)
     Porter (Wexton)
     Reschenthaler (Meuser)
     Rush (Quigley)
     Sires (Pallone)
     Smith (NJ) (Van Drew)
     Smith (WA) (Kilmer)
     Speier (Thompson (CA))
     Strickland (Meng)
     Swalwell (Gomez)
     Veasey (Neguse)
     Wilson (FL) (Hayes)
     Young (Spartz)


 =========================== NOTE =========================== 

  
  December 9, 2021, on page H7616 (third column), the following 
appeared: Baird (Walorski) Barragan (Gallego)Bass (Brownley) 
Buchanan (Waltz)Courtney (Hayes)Crist (Soto) Cuellar (Green (TX)) 
DeFazio (Brown (MD)) Fallon (Gooden)Fulcher (Johnson (OH)) 
Garamendi (Sherman)Granger (Cole)Guthrie (Barr) Hagedorn (Carl) 
Hice (GA) (Greene (GA)) Higgins (NY) (Connolly)Huffman (Levin 
(CA))Kim (CA) (Pfluger) Kirkpatrick (Stanton)Lawson (FL) (Evans) 
Lesko (Miller (WV)) Lofgren (Jeffries)Loudermilk 
(Fleischmann)Mfume (Evans)Moore (UT) (Carl) Napolitano 
(Correa)Nehls (Cawthorn)Newman (Garcia (IL))Payne (Pallone) Posey 
(McHenry)Porter (Wexton)Reschenthaler (Meuser)Rush (Quigley) Sires 
(Pallone) Smith (NJ) (Van Drew)Smith (WA) (Kilmer) Speier 
(Thompson (CA))Strickland (Meng)Swalwell (Gomez) Underwood 
(Casten) Veasey (Neguse)Wilson (FL) (Hayes) Young (Spartz)
  
  The online version has been corrected to read: Baird (Walorski) 
Barragan (Gallego)Bass (Brownley) Buchanan (Waltz)Courtney 
(Hayes)Crist (Soto) Cuellar (Green (TX)) Fallon (Gooden)Fulcher 
(Johnson (OH)) Garamendi (Sherman)Granger (Cole)Guthrie (Barr) 
Hagedorn (Carl) Hice (GA) (Greene (GA)) Higgins (NY) 
(Connolly)Huffman (Levin (CA))Kim (CA) (Pfluger) Kirkpatrick 
(Stanton)Lawson (FL) (Evans) Lesko (Miller (WV)) Lofgren 
(Jeffries)Loudermilk (Fleischmann)Mfume (Evans)Moore (UT) (Carl) 
Napolitano (Correa)Nehls (Cawthorn)Newman (Garcia (IL))Payne 
(Pallone) Posey (McHenry)Porter (Wexton)Reschenthaler (Meuser)Rush 
(Quigley) Sires (Pallone) Smith (NJ) (Van Drew)Smith (WA) (Kilmer) 
Speier (Thompson (CA))Strickland (Meng)Swalwell (Gomez) Underwood 
(Casten) Veasey (Neguse)Wilson (FL) (Hayes) Young (Spartz)


 ========================= END NOTE ========================= 


  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. LaTURNER. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 220, 
nays 208, not voting 6, as follows:

                             [Roll No. 440]

                               YEAS--220

     Adams
     Aguilar
     Allred
     Auchincloss
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Bourdeaux
     Bowman
     Boyle, Brendan F.
     Brown (MD)
     Brown (OH)
     Brownley
     Bush
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson
     Carter (LA)
     Cartwright
     Case

[[Page H7617]]


     Casten
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Craig
     Crist
     Crow
     Cuellar
     Davids (KS)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Escobar
     Eshoo
     Espaillat
     Evans
     Fletcher
     Foster
     Frankel, Lois
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez, Vicente
     Gottheimer
     Green, Al (TX)
     Grijalva
     Harder (CA)
     Hayes
     Higgins (NY)
     Himes
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jacobs (CA)
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Jones
     Kahele
     Kaptur
     Keating
     Kelly (IL)
     Khanna
     Kildee
     Kilmer
     Kim (NJ)
     Kind
     Kinzinger
     Kirkpatrick
     Krishnamoorthi
     Kuster
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Leger Fernandez
     Levin (CA)
     Levin (MI)
     Lieu
     Lofgren
     Lowenthal
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Manning
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore (WI)
     Morelle
     Moulton
     Mrvan
     Nadler
     Napolitano
     Neal
     Neguse
     Newman
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Ross
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schrier
     Scott (VA)
     Scott, David
     Sewell
     Sherman
     Sherrill
     Sires
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stansbury
     Stanton
     Stevens
     Strickland
     Suozzi
     Swalwell
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres (NY)
     Trahan
     Trone
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Williams (GA)
     Wilson (FL)
     Yarmuth

                               NAYS--208

     Aderholt
     Allen
     Amodei
     Armstrong
     Arrington
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bentz
     Bergman
     Bice (OK)
     Biggs
     Bilirakis
     Bishop (NC)
     Boebert
     Bost
     Brady
     Brooks
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Calvert
     Cammack
     Carey
     Carl
     Carter (GA)
     Carter (TX)
     Cawthorn
     Chabot
     Cheney
     Cline
     Cloud
     Clyde
     Cole
     Comer
     Crawford
     Crenshaw
     Curtis
     Davidson
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Donalds
     Duncan
     Dunn
     Ellzey
     Emmer
     Estes
     Fallon
     Feenstra
     Ferguson
     Fischbach
     Fitzgerald
     Fitzpatrick
     Fleischmann
     Foxx
     Franklin, C. Scott
     Fulcher
     Gaetz
     Gallagher
     Garbarino
     Garcia (CA)
     Gibbs
     Gimenez
     Gohmert
     Gonzales, Tony
     Gonzalez (OH)
     Good (VA)
     Gooden (TX)
     Gosar
     Granger
     Graves (LA)
     Graves (MO)
     Greene (GA)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Harshbarger
     Hartzler
     Hern
     Herrell
     Herrera Beutler
     Hice (GA)
     Hill
     Hinson
     Hollingsworth
     Hudson
     Huizenga
     Issa
     Jackson
     Jacobs (NY)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     Kim (CA)
     Kustoff
     LaHood
     LaMalfa
     Lamborn
     Latta
     LaTurner
     Lesko
     Letlow
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Mace
     Malliotakis
     Mann
     Massie
     Mast
     McCarthy
     McCaul
     McClain
     McClintock
     McHenry
     McKinley
     Meijer
     Meuser
     Miller (IL)
     Miller (WV)
     Miller-Meeks
     Moolenaar
     Mooney
     Moore (AL)
     Moore (UT)
     Mullin
     Murphy (NC)
     Nehls
     Newhouse
     Norman
     Nunes
     Obernolte
     Owens
     Palazzo
     Palmer
     Pence
     Perry
     Pfluger
     Posey
     Reed
     Reschenthaler
     Rice (SC)
     Rodgers (WA)
     Rogers (AL)
     Rogers (KY)
     Rose
     Rosendale
     Rouzer
     Roy
     Rutherford
     Salazar
     Scalise
     Schweikert
     Scott, Austin
     Sessions
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spartz
     Stauber
     Steel
     Stefanik
     Steil
     Steube
     Stewart
     Taylor
     Tenney
     Thompson (PA)
     Tiffany
     Timmons
     Turner
     Upton
     Valadao
     Van Drew
     Van Duyne
     Wagner
     Walberg
     Walorski
     Waltz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams (TX)
     Wilson (SC)
     Wittman
     Womack
     Young
     Zeldin

                             NOT VOTING--6

     Babin
     Fortenberry
     Green (TN)
     Higgins (LA)
     Murphy (FL)
     Slotkin

                              {time}  1607

  Ms. WATERS changed her vote from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


    Members Recorded Pursuant to House Resolution 8, 117th Congress

     Baird (Walorski)
     Barragan (Gallego)
     Bass (Brownley)
     Buchanan (Waltz)
     Courtney (Hayes)
     Crist (Soto)
     Cuellar (Green (TX))
     Fallon (Gooden)
     Fulcher (Johnson (OH))
     Garamendi (Sherman)
     Granger (Cole)
     Guthrie (Barr)
     Hagedorn (Carl)
     Hice (GA) (Greene (GA))
     Higgins (NY) (Connolly)
     Huffman (Levin (CA))
     Kim (CA) (Pfluger)
     Kirkpatrick (Stanton)
     Lawson (FL) (Evans)
     Lesko (Miller (WV))
     Lofgren (Jeffries)
     Loudermilk (Fleischmann)
     Mfume (Evans)
     Moore (UT) (Carl)
     Napolitano (Correa)
     Nehls (Cawthorn)
     Newman (Garcia (IL))
     Payne (Pallone)
     Posey (McHenry)
     Porter (Wexton)
     Reschenthaler (Meuser)
     Rush (Quigley)
     Sires (Pallone)
     Smith (NJ) (Van Drew)
     Smith (WA) (Kilmer)
     Speier (Thompson (CA))
     Strickland (Meng)
     Swalwell (Gomez)
     Underwood (Casten)
     Veasey (Neguse)
     Wilson (FL) (Hayes)
     Young (Spartz)

                          ____________________