[House Report 117-205]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-205
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5314) TO PROTECT OUR
DEMOCRACY BY PREVENTING ABUSES OF PRESIDENTIAL POWER, RESTORING CHECKS
AND BALANCES AND ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT, AND
DEFENDING ELECTIONS AGAINST FOREIGN INTERFERENCE, AND FOR OTHER
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (S. 1605) TO
DESIGNATE THE NATIONAL PULSE MEMORIAL LOCATED AT 1912 SOUTH ORANGE
AVENUE IN ORLANDO, FLORIDA, AND FOR OTHER PURPOSES; AND PROVIDING FOR
CONSIDERATION OF THE BILL (S. 610) TO ADDRESS BEHAVIORAL HEALTH AND
WELL-BEING AMONG HEALTH CARE PROFESSIONALS
_______
December 7, 2021.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Scanlon, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 838]
The Committee on Rules, having had under consideration
House Resolution 838, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5314, the
Protecting Our Democracy Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Oversight and Reform or their respective
designees. The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 117-20, modified by the amendment
printed in part A of this report, shall be considered as
adopted and the bill, as amended, shall be considered as read.
The resolution waives all points of order against provisions in
the bill, as amended. The resolution provides that following
debate, each further amendment printed in part B of this report
not earlier considered as part of amendments en bloc pursuant
to section 3 shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, may be withdrawn by the
proponent at any time before the question is put thereon, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution provides
that at any time after debate the chair of the Committee on
Oversight and Reform or her designee may offer amendments en
bloc consisting of further amendments printed in part B of this
report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 20 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee on Oversight and Reform or their designees,
shall not be subject to amendment, and shall not be subject to
a demand for division of the question. The resolution waives
all points of order against the amendments printed in part B of
this report and amendments en bloc described in section 3 of
the resolution. The resolution provides one motion to recommit.
The resolution provides for consideration of S. 1605, the
National Defense Authorization Act for Fiscal Year 2022, under
a closed rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their
respective designees. The resolution waives all points of order
against consideration of the bill. The resolution provides that
an amendment in the nature of a substitute consisting of the
text of Rules Committee Print 117-21 shall be considered as
adopted and the bill, as amended, shall be considered as read.
The resolution waives all points of order against provisions in
the bill, as amended. The resolution provides one motion to
commit. The resolution provides that the chair of the Committee
on Armed Services may insert in the Congressional Record not
later than December 10, 2021, such material as he may deem
explanatory of S. 1605. The resolution further provides for
consideration of S. 610, the Protecting Medicare and American
Farmers from Sequester Cuts Act, under a closed rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Ways and Means or their respective designees. The
resolution waives all points of order against consideration of
the bill. The resolution provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 117-22 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides one motion to commit. The
resolution provides that at any time through the legislative
day of Thursday, December 9, 2021, the Speaker may entertain
motions offered by the Majority Leader or a designee that the
House suspend the rules with respect to multiple measures that
were the object of motions to suspend the rules on November 30,
2021, December 1, 2021, or December 8, 2021, and on which the
yeas and nays were ordered and further proceedings postponed.
The Chair shall put the question on any such motion without
debate or intervening motion, and the ordering of the yeas and
nays on postponed motions to suspend the rules with respect to
such measures is vacated.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 5314 includes a waiver of clause 12 of rule XXI, which
prohibits consideration of a bill pursuant to a special order
of business reported by the Committee on Rules that has not
been reported by a committee.
Although the resolution waives all points of order against
provisions in H.R. 5314, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report and amendments
en bloc described in section 3 of the resolution, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
Although the resolution waives all points of order against
consideration of S. 1605, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in S. 1605, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
S. 610 includes waivers of the following:
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of increasing
the deficit or reducing the surplus over the five- or 10-year
period; however, the budgetary effects of the bill are fully
offset over the 10-year period.
Section 306 of the Congressional Budget Act, which
prohibits consideration of legislation within the jurisdiction
of the Committee on the Budget unless referred to or reported
by the Budget Committee.
Although the resolution waives all points of order against
provisions in S. 610, as amended, the Committee is not aware of
any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 170
Motion by Mr. Burgess to provide for a division of the
question for the House Amendment to S. 610. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 171
Motion by Mr. Burgess to amend the rule to H.R. 5314 to
make in order amendment #6, offered by Rep. Burgess (TX), which
replaces Title VII Subtitle A of the bill with language to
require a detailed rationale to be provided to Congress prior
to the removal of an Inspector General. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 172
Motion by Mr. Burgess to amend the rule to H.R. 5314 to
make in order amendment #11, offered by Rep. Burgess (TX),
which requires subpoenas to have approval of both the Chair and
Ranking Member of the relevant committees or a two-thirds
majority of such committees. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 173
Motion by Mr. Reschenthaler to amend the rule to H.R. 5314
to make in order amendment #31, offered by Rep. Bergman (MI),
which prohibits immediate family members of the President and
Vice President from accepting foreign emoluments. Defeated: 4-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. Neguse...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 174
Motion by Ms. Scanlon to report the rule. Adopted: 8-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... ............ Mr. Cole.......................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mr. Reschenthaler................. Nay
Ms. Scanlon..................................... Yea Mrs. Fischbach.................... Nay
Mr. Morelle..................................... Yea
Mr. DeSaulnier.................................. Yea
Ms. Ross........................................ Yea
Mr. Neguse...................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 5314 IN PART A CONSIDERED AS ADOPTED
1. Maloney, Carolyn (NY): Strikes the bill's applicability
to the District of Columbia government, prohibits the practice
of candidates compensating spouses for campaign-related
services, and makes other technical changes.
SUMMARY OF THE AMENDMENTS TO H.R. 5314 IN PART B MADE IN ORDER
1. Adams (NC): Requires the FEC to make an income tax
return public and post online within 48 hours of receiving a
return, including redactions. However, if an income tax return
requires considerable, extensive, and significant time for the
FEC to make redactions, the FEC may make the return available
after 48 hours but not later than 30 days after receipt of
return. (10 minutes)
2. Aguilar (CA): Requires that each state chief's election
official creates a database of election officials who have
received threats against them and need their personally
identifiable information (PII) protected to ensure safe and
fair elections. Ensures these individuals can request their PII
be removed from public websites. Revision removes provision
concerning restrictions on data brokers. (10 minutes)
3. Burgess (TX): Strikes Title II. (10 minutes)
4. Cicilline (RI), Quigley (IL): Requires the White House
to maintain a publicly accessible website that includes salary
and financial disclosure information for White House employees.
(10 minutes)
5. Clark, Katherine (MA): Adds the President, Vice
President, and any Cabinet member to the current statutory
prohibition on members of Congress contracting with the federal
government. (10 minutes)
6. Cohen (TN): Changes the definition of a ``covered
offense'' in Title I Sec. 102 to include pardons issued to any
third degree relative of the President, any member or former
member of the President's administration, any person who worked
on the President's presidential campaign as a paid employee, or
any person or entity when the offense at issue is motivated by
a direct and significant personal or pecuniary interest of any
of the described individuals. (10 minutes)
7. Comer (KY): Strikes all sections of the bill and
retitles as the ``Inspector General Stability Act'', but
preserves a modified Title VII Subtitle A (Requiring Cause for
Removal) which instead requires Congressional notification and
a detailed rationale prior to an IG's removal, and also
preserves Title VII Subtitle C (Congressional Notification)
which previously passed the House as H.R. 23. (10 minutes)
8. Connolly (VA): Protects merit system principles by
limiting federal employee reclassifications to the five
excepted service schedules in use prior to fiscal year 2021
(based on the bipartisan Preventing a Patronage System Act).
(10 minutes)
9. Correa (CA), Issa (CA): Closes the loophole that allows
agencies to treat requests for information from members of
Congress as FOIA requests by clarifying that the Freedom of
Information Act prohibits executive branch agencies from
responding to congressional requests for information with
records that have been subject to FOIA redactions. This
clarification would ensure that executive branch agencies are
not using the law's exemptions to withhold information from
elected officials conducting oversight. (10 minutes)
10. Correa (CA): Requires all Congressionally mandated
reports from the executive branch to be transmitted to Congress
in machine readable format. (10 minutes)
11. DelBene (WA): Directs the Federal Election Commission
(FEC), in consultation with the National Institute of Standards
and Technology (NIST), the Cybersecurity and Infrastructure
Security Agency (CISA), and other appropriate offices, to issue
guidance for political committees and vendors on cybersecurity
risks and best practices. Requires the FEC to regularly update
this guidance. (10 minutes)
12. Foxx (NC): Creates an Inspector General for the Office
of Management and Budget to bring transparency and
accountability to the agency. (10 minutes)
13. Foxx (NC): Creates parity in enforcement for Oversight
and Reform Committee ``Rule of 7'' requests to protect minority
party requests for information. (10 minutes)
14. Gallego (AZ): Requires the President-elect to report to
Congress on individuals in an incoming administration that are
seeking a security clearance and the status of that clearance,
including interim clearances. Requires the President or
relevant agency to report to Congress at any point when an
immediate family member of the President seeks a security
clearance and the status of that clearance, including interim
clearances. (10 minutes)
15. Golden (ME): Expands President and other covered
officials' emolument disclosures to cover emoluments received
or expected by spouses and dependent children, in line with
other financial disclosures for spouses and dependent children
in 5a USC 102(e). (10 minutes)
16. Issa (CA): States that an incoming staffer in a Member
office who already has a clearance shall not be counted against
the two clearances per office that the current House rules
allow. (10 minutes)
17. Kilmer (WA), Rice, Kathleen (NY), Sarbanes (MD), Crist
(FL): Modernizes Federal Election Commission (FEC) disclosure
requirements to ensure online political advertisements meet the
same transparency and disclosure requirements that already
apply to political ads sold on TV, radio, and satellite
platforms. Also requires online platforms to take reasonable
steps to ensure that foreign individuals and entities are not
purchasing political advertisements in order to influence the
American electorate, and directs the FEC to commission an
independent study and report on media literacy with respect to
online political content consumption among voting-age
Americans. (10 minutes)
18. Lynch (MA): Prohibits the use of deepfakes within 60
days of a federal election and establishes corresponding
criminal and civil penalties. (10 minutes)
19. Maloney, Sean (NY): Clarifies language in the Former
Presidents Act to state that impeachment and conviction,
regardless of removal, makes a former president ineligible for
benefits. Imposes a new mandate on former presidents that if
convicted of a felony for crimes committed during or after
office, some benefits would be forfeited. (10 minutes)
20. McGovern (MA), Meijer (MI), DeFazio (OR): Strengthens
safeguards in the bill against presidential abuse of emergency
powers by prohibiting their use for purposes other than
emergencies; providing expedited procedures for joint
resolutions to end emergency declarations; and ending
``permanent emergencies'' through a five-year limit. (10
minutes)
21. Ocasio-Cortez (NY): Expands coverage of section 3110 of
title 5 of the U.S. Code to prohibit nepotistic appointments to
the Executive Office of the President. (10 minutes)
22. Ocasio-Cortez (NY), Lynch (MA): Codifies President
Biden's Executive Order on ethics commitments by executive
branch personnel. (10 minutes)
23. Ocasio-Cortez (NY): Directs the Office of Government
Ethics to promulgate regulations establishing ethics
requirements for the establishment or operation of legal
expense funds for the benefit of the President, Vice President,
or any political appointee. (10 minutes)
24. Ocasio-Cortez (NY), Scanlon (PA): Imposes disclosure
requirements on inaugural committees, prohibits committees from
taking money from foreign nationals; shadow entities; and
corporations; and prohibits conversion of committee resources
for personal use or for personal benefit. (10 minutes)
25. Ocasio-Cortez (NY): Asserts the Government
Accountability Office's investigatory powers over the
intelligence community. Requires the Director of National
Intelligence to ensure that GAO personnel are provided with
access to information in possession by the intelligence
community that the Comptroller General determines necessary for
analysis, evaluation, or investigation requested by the
relevant committee of Congress. (10 minutes)
26. Omar (MN): Ensures agency interns are covered by
whistleblower provisions. (10 minutes)
27. Pascrell (NJ), Quigley (IL): Amends Title X to clarify
ability of federal officials to visit federal property prior to
an election, requires disclosure of Hatch Act Investigations
for certain employees, makes the Hatch Act applicable to the
President and Vice President while conducting official duties
on White House and White House grounds, strengthens Hatch Act
violation penalties, grants the Office of Special Counsel
rulemaking authority and ability to continue investigating
certain employees, grants the Merit System Protection Board the
ability to enforce subpoenas against certain employees, and
conducts a GAO review of Hatch Act provisions. (10 minutes)
28. Phillips (MN): Explicitly prohibits conventions of
national political parties for congressional, presidential, and
vice-presidential candidates from being held on or in any
federal property, including the White House and surrounding
grounds. Violations are subject to civil penalties,
imprisonment, or both. (10 minutes)
29. Phillips (MN), Raskin (MD): Directs the Election
Assistance Commission (EAC) to establish a program to support
state and local governments in the transition to ranked choice
voting (a system in which voters rank candidates in order of
preference). (10 minutes)
30. Quigley (IL), Cicilline (RI), Ocasio-Cortez (NY):
Requires the President to establish and periodically update a
public database of White House visitor records, including the
names of visitors, with whom visitors met, and the purpose of
the visit. Allows for certain exceptions, including for
particularly sensitive meetings and purely personal guests. (10
minutes)
31. Raskin (MD): Strengthens Title II of the Act to ensure
that if a sitting President or Vice President is indicted while
in office, a trial or other legal proceeding may only be
delayed if it interferes with the defendant's official duties
and ensures the burden to delay legal proceedings falls on the
defendant. (10 minutes)
32. Ross (NC): Prohibits the President from requiring an
officer or employee of the Executive Office of the President to
enter into a nondisclosure agreement that is not related to the
protection of classified or controlled unclassified information
as a condition of employment or upon separation from the civil
service. (10 minutes)
33. Ross (NC): Directs the Department of Justice (DOJ) to
create an election threats task force to work with federal,
state, and local partners to prioritize identifying,
investigating, and prosecuting threats and acts of violence
against election officials, workers, and their families. (10
minutes)
34. Scanlon (PA): Changes the frequency that the Inspector
General of the Department of Justice must report to Congress
improper communications between DOJ and the White House. The
bill increases the requirement to report on the DOJ/White House
communications logs from every six months to every three
months. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 5314 CONSIDERED AS ADOPTED
Page 42, lines 15 through 16, strike ``executive agency or
the District of Columbia government'' and insert ``agency''.
Page 42, lines 19 through 20, strike ``executive agency or
the District of Columbia government'' and insert ``agency''.
Page 42, lines 24 through 25, strike ``executive agency or
the District of Columbia government'' and insert ``agency''.
Page 44, strike lines 7 through 9, and insert the following
(renumbering accordingly):
(1) by striking ``If'' and inserting ``(a) If'';
(2) by inserting ``or if the Comptroller General
determines that an officer or employee of such entity
violated section 1341(a) or 1342,'' before ``the head
of the agency'';
Page 45, lines 2 through 3, strike ``executive agency or
District of Columbia government'' and insert ``entity filing
the report''.
Page 45, lines 7 through 8, strike ``executive agency or
District of Columbia government, as applicable,'' and insert
``entity filing the report''.
Page 45, strike lines 14 through 17, and insert the following
(renumbering accordingly):
(1) by inserting ``or if the Comptroller General
determines that an officer or employee of such entity
violated subsection (a),'' before ``the head of the
executive agency'';
Page 46, lines 9 through 10, strike ``executive agency or
District of Columbia government'' and insert ``entity filing
the report''.
Page 46, lines 14 through 15, strike ``executive agency or
District of Columbia government, as applicable,'' and insert
``entity filing the report''.
Page 47, lines 2 through 4, strike ``If an executive agency
or the District of Columbia reports, under section 1351, a
violation'' and insert ``If a report is made under section 1351
of a violation''.
Page 47, lines 16 through 17, strike ``executive agency and
the District of Columbia government'' and insert ``reporting
entity''.
Page 47, line 25 through page 48, line 1, strike ``of the
United States Government or of the District of Columbia
government''.
Page 48, lines 7 through 8, strike ``of the United States
Government or of the District of Columbia government''.
Page 48, lines 17 through 19, strike ``If an executive agency
or the District of Columbia reports, under section 1517(b), a
violation'' and insert ``If a report is made under section
1517(b) of a violation''.
Page 49, lines 6 through 7, strike ``executive agency and the
District of Columbia government'' and insert ``reporting
entity''.
Page 49, lines 15 through 16, strike ``of the United States
Government or of the District of Columbia government''.
Page 49, lines 22 through 23, strike ``of the United States
Government or of the District of Columbia government''.
Page 74, strike line 11 and all that follows through page 75,
line 3.
Page 75, strike lines 8 through 19 and insert the following:
(2) International emergency economic powers act.--
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.''.
Page 157, beginning on line 15, strike ``FOREIGN
INTERFERENCE'' and insert ``FOREIGN INTERFERENCE; PROHIBITING
CAMPAIGNS FROM PAYING SPOUSE OF CANDIDATE''.
Page 175, insert after line 18 the following:
TITLE XV--PROHIBITING CAMPAIGNS FROM PAYING SPOUSE OF CANDIDATE
SEC. 1501. PROHIBITING USE OF CAMPAIGN FUNDS TO COMPENSATE SPOUSES OF
CANDIDATES; DISCLOSURE OF PAYMENTS MADE TO SPOUSES
AND FAMILY MEMBERS.
(a) Prohibition; Disclosure.--Section 313 of the Federal
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 or 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 or individual
involved.''.
(b) Conforming Amendment.--Section 313(a)(1) of such Act (52
U.S.C. 30114(a)(1)) is amended by striking ``for otherwise''
and 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.
PART B--TEXT OF AMENDMENTS TO H.R. 5314 MADE IN ORDER
1. An Amendment To Be Offered by Representative Adams of North Carolina
or Her Designee, Debatable for 10 Minutes
Page 155, strike lines 10 through 19, and insert the
following:
(4) Treatment as a report filed under the federal
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.''.
----------
2. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
Page 175, insert after line 18 the following (and redesignate
the succeeding provisions accordingly):
DIVISION D--PROTECTING ELECTION OFFICIALS
TITLE XV--PROTECTING ELECTION OFFICIALS FROM DISCLOSURE OF PERSONALLY
IDENTIFIABLE 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.
``(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.
----------
3. An Amendment To Be Offered by Representative Burgess of Texas or His
Designee, Debatable for 10 Minutes
Strike title II.
----------
4. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of part 1 of subtitle B of division B the
following new section:
SEC. 516. WHITE HOUSE EMPLOYEE INFORMATION.
Not later than 90 days after the date of the enactment of
this Act and updated not less frequently than annually
thereafter, the Executive Office of the President shall make
available on a publicly available website in an easily
searchable and downloadable format the following information:
(1) The annual salary of each White House employee,
which shall be updated quarterly, and the following:
(A) The number of employees who are paid at a
rate of basic pay equal to or greater than the
rate of basic pay then currently paid for level
V of the Executive Schedule of section 5316 of
title 5 and who are employed in the White House
Office, the Executive Residence at the White
House, the Office of the Vice President, the
Domestic 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 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.
----------
5. An Amendment To Be Offered by Representative Clark of Massachusetts
or Her Designee, Debatable for 10 Minutes
Page 9, insert after line 12 the following:
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.''.
----------
6. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Page 6, strike lines 17 through 20, and insert the following:
(A) an offense against the United States that
arises from an investigation in which the
target or subject is--
(i) the President;
(ii) a relative of the President;
(iii) any member or former member of
the 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.''.
----------
7. An Amendment To Be Offered by Representative Comer of Kentucky or
His Designee, Debatable for 10 Minutes
Page 1, strike line 1 and all that follows and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Stability
Act''.
SEC. 2. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; 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
``(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--
``(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.
----------
8. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Add at the end the following (and update the table of
contents accordingly):
TITLE XVI--PREVENTING A PATRONAGE SYSTEM
SEC. 1601. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS.
(a) In General.--No position in the competitive service (as
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).
----------
9. An Amendment To Be Offered by Representative Correa of California or
His Designee, Debatable for 10 Minutes
Page 57, after line 19, insert the following (and update the
table of contents accordingly):
SEC. 525. TREATMENT OF REQUESTS FOR INFORMATION FROM MEMBERS OF
CONGRESS.
Section 552(d) of title 5, United States Code, is amended by
inserting ``, or any member thereof,'' after ``Congress''.
----------
10. An Amendment To Be Offered by Representative Correa of California
or His Designee, Debatable for 10 Minutes
At the end of part 1 of subtitle B of title V, add the
following new section:
SEC. 516. MACHINE-READABLE FORMAT REQUIRED FOR AGENCY 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.
----------
11. An Amendment To Be Offered by Representative DelBene of Washington
or Her Designee, Debatable for 10 Minutes
Page 157, beginning on line 15, strike ``FOREIGN
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.
----------
12. An Amendment To Be Offered by Representative Foxx of North Carolina
or Her Designee, Debatable for 10 Minutes
Add at the end of title VII of division B the following new
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. 8O. 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.).
----------
13. An Amendment To Be Offered by Representative Foxx of North Carolina
or Her Designee, Debatable for 10 Minutes
Page 25, insert after line 7 the following:
SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION FROM CERTAIN
COMMITTEES OF CONGRESS.
For purposes of remedying any failure to comply with a
request under section 2954 of title 5, United States Code,
section 1365a of title 28, United States Code (as added by
section 403), and section 105 of the Revised Statutes of the
United States (as added by section 404) shall apply to such a
request.
----------
14. An Amendment To Be Offered by Representative Gallego of Arizona or
His Designee, Debatable for 10 Minutes
At the end of division A, insert the following:
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, 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.
----------
15. An Amendment To Be Offered by Representative Golden of Maine or his
Designee, Debatable for 10 Minutes
Page 14, insert after line 8 the following (and redesignate
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.''.
----------
16. An Amendment To Be Offered by Representative Issa of California or
His Designee, Debatable for 10 Minutes
Page 175, insert after line 18 the following (and redesignate
the succeeding provisions accordingly):
DIVISION D--SECURITY CLEARANCES OF EMPLOYEES OF MEMBER OFFICES
TITLE XV--DETERMINATION OF NUMBER OF EMPLOYEES WITH SECURITY CLEARANCES
SEC. 1501. EXCLUSION OF EMPLOYEES WITH EXISTING SECURITY CLEARANCES
FROM DETERMINATION OF LIMIT ON 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.
----------
17. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
Page 157, beginning on line 15, strike ``FOREIGN
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
``(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--
``(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.
----------
18. An Amendment To Be Offered by Representative Lynch of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 157, beginning on line 15, strike ``FOREIGN
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.
----------
19. An Amendment To Be Offered by Representative Maloney of New York or
His Designee, Debatable for 10 Minutes
Insert after section 202 the following:
SEC. 203. FORFEITURE OF BENEFITS FOR FORMER PRESIDENTS 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 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.''.
----------
20. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
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.''.
----------
21. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of title X, add the following:
SEC. 1003. INCLUDING EXECUTIVE OFFICE OF THE PRESIDENT UNDER LIMITATION
ON NEPOTISM IN THE CIVIL SERVICE.
Section 3110(a)(1)(A) of title 5, United States Code, is
amended by inserting ``, including the Executive Office of the
President'' after ``Executive agency''.
----------
22. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Insert after section 1002 the following:
Subtitle B--Strengthening Ethics Enforcement and Penalties for Federal
Executive Employees
SEC. 1011. ETHICS PLEDGE.
Every appointee in every executive agency appointed on or
after January 20, 2021, shall sign, and upon signing shall be
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.
``(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 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.
----------
23. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Page 17, insert after line 9 the following (and conform the
table of contents accordingly):
SEC. 308. RULEMAKING FOR ETHICS REQUIREMENTS FOR LEGAL 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).
----------
24. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Page 17, after line 9, insert the following:
SEC. 308. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following new section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive
a donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive
a donation from a foreign national;
``(B) for a person--
``(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.
``(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.
----------
25. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII add the following:
SEC. 814. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS AND 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.''.
----------
26. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Page 122, line 23, insert before ``a commissioned officer''
the following: ``a fellow or intern at an agency,''.
----------
27. An Amendment To Be Offered by Representative Pascrell Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of section 1002 the following:
(c) Criminal Penalty.--
(1) In general.--Subchapter III of chapter 73 of
title 5, United States Code, is amended by adding after
section 7326 the following:
``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 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.
----------
28. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
Add at the end the following:
SEC. __. 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.
----------
29. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
Page 175, insert after line 18 the following (and redesignate
the succeeding provisions accordingly):
DIVISION D--RANKED CHOICE VOTING
TITLE XV--ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Voter Choice Act''.
SEC. 1502. ASSISTANCE FOR TRANSITION TO RANKED CHOICE VOTING.
(a) In General.--Title V of the Help America Vote Act of 2002
(52 U.S.C. 21121 et seq.) is amended by adding at the end the
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.''.
----------
30. An Amendment To Be Offered by Representative Quigley of Illinois or
His Designee, Debatable for 10 Minutes
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).
----------
31. An Amendment To Be Offered by Representative Raskin of Maryland or
His Designee, Debatable for 10 Minutes
Page 9, after line 2, insert the following (and redesignate
the 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 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.''.
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32. An Amendment To Be Offered by Representative Ross of North Carolina
or Her Designee, Debatable for 10 Minutes
Page 9, insert after line 12 the following:
SEC. 203. LIMITATION ON NONDISCLOSURE AGREEMENTS.
The President may not require an officer or employee of the
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.
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33. An Amendment To Be Offered by Representative Ross of North Carolina
or Her Designee, Debatable for 10 Minutes
Page 176, insert after line 3 the following (and conform the
table of contents accordingly):
DIVISION E--PROTECTING ELECTION OFFICIALS
TITLE XVI--DOJ TASK FORCE
SEC. 1601. ELECTION OFFICIALS SECURITY TASK FORCE.
The Attorney General shall establish a task force, to be
headed by the head of the Civil Rights Division of the
Department of 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.
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34. An Amendment To Be Offered by Representative Scanlon of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Page 86, line 12, strike ``January 30 and July 30 of each
year'' and insert ``January 30, April 30, July 30, and October
30 of each year''.
Page 86, beginning on line 16, strike ``the 6-month period
preceding that January or July'' and insert ``the 3-month
period preceding that January, April, July, or October''.
[all]