[House Report 117-464]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {      117-464

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 302) TO IMPOSE LIMITS ON 
 EXCEPTING COMPETITIVE SERVICE POSITIONS FROM THE COMPETITIVE SERVICE, 
 AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 
   2988) TO AMEND TITLE 5, UNITED STATES CODE, TO MODIFY AND ENHANCE 
   PROTECTIONS FOR FEDERAL GOVERNMENT WHISTLEBLOWERS, AND FOR OTHER 
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8326) TO AMEND 
 TITLE 13, UNITED STATES CODE, TO IMPROVE THE OPERATIONS OF THE BUREAU 
     OF THE CENSUS, AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES

                                _______
                                

 September 13, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Raskin, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1339]

    The Committee on Rules, having had under consideration 
House Resolution 1339, 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. 302, the 
Preventing a Patronage System Act (PPSA), under a structured 
rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Oversight and Reform or their designees. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on 
Oversight and Reform now printed in the bill 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 
makes in order only the further amendment to H.R. 302 printed 
in part A of this report. The amendment may be offered only by 
the 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, and shall not be subject to a demand for division of 
the question. The resolution waives all points of order against 
the amendment printed in part A of the report. The resolution 
provides one motion to recommit. The resolution provides for 
consideration of H.R. 2988, the Whistleblower Protection 
Improvement 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 designees. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on 
Oversight and reform now printed in the bill, as modified by 
the amendment printed in part B 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 
makes in order only those further amendments printed in Part C 
of this report and amendments en bloc described in section 4 of 
the resolution. Each amendment printed in this report may be 
offered 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, 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 C of the report or amendments en bloc described 
in section 4 of the resolution. Section 4 provides that the 
chair of the Committee on Oversight and Reform or her designee 
may offer amendments en bloc consisting of amendments printed 
in Part C 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 provides that at the conclusion of consideration of 
the bill for amendment the Committee shall rise and report the 
bill, as amended, to the House with such further amendments as 
may have been adopted. The question of such further amendments' 
adoption shall be put to the House en gros and without division 
of the question. The resolution provides one motion to 
recommit. The resolution provides that during consideration of 
H.R. 2988, the Chair may entertain a motion that the Committee 
rise only if offered by the chair of the Committee on Oversight 
and Reform or her designee. The Chair may not entertain a 
motion to strike out the enacting words of the bill. The 
resolution further provides for consideration of H.R. 8326, the 
Ensuring a Fair and Accurate Census 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 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 117-64, modified by the amendment 
printed in part D 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 makes in order only those 
further amendments printed in Part E of this report and 
amendments en bloc described in section 8 of the resolution. 
Each amendment printed in this report may be offered 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, 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 E of this report or amendments en bloc 
described in section 8 of the resolution. Section 8 provides 
that the chair of the Committee on Oversight and Reform or her 
designee may offer amendments en bloc consisting of amendments 
printed in Part E 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 provides that at the conclusion of 
consideration of the bill for amendment the Committee shall 
rise and report the bill, as amended, to the House with such 
further amendments as may have been adopted. The question of 
such further amendments' adoption shall be put to the House en 
gros and without division of the question. The resolution 
provides one motion to recommit. The resolution provides that 
during consideration of H.R. 8326, the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Oversight and Reform or her designee. The 
Chair may not entertain a motion to strike out the enacting 
words of the bill. The resolution provides that at any time 
through the legislative day of September 16, 2022, 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 the legislative day of September 13, 2022, 
September 14, 2022, September 15, 2022, or September 16, 2022, 
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. The resolution waives the 
requirement of clause 6(a) of rule XIII for a two-thirds vote 
to consider a report from the Committee on Rules on the same 
day it is presented to the House with respect to any resolution 
reported through the legislative day of September 30, 2022, 
relating to a measure making or continuing appropriations for 
the fiscal year ending September 30, 2023.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H.R. 302, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the rule waives all points of order against 
provisions in H.R. 302, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the rule waives all points of order against the 
amendment to H.R. 302 in Part A of this report, 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 
H.R. 2988 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.
    --Section 302(f) of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority in excess of a 302(a) or 302(b) allocation of such 
authority.
    Although the rule waives all points of order against 
provisions in H.R. 2988, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the rule waives all points of order against the 
amendments to H.R. 2988 in Part C of this report or against 
amendments en bloc described in section 4, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the rule waives all points of order against 
consideration of H.R. 8326, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the rule waives all points of order against 
provisions in H.R. 8326, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the rule waives all points of order against the 
amendments to H.R. 8326 in Part E of this report or against 
amendments en bloc described in section 8, 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. 287

    Motion by Mr. Raskin to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres.....................................          Yea   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......................................  ............
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

      SUMMARY OF THE AMENDMENT TO H.R. 302 IN PART A MADE IN ORDER

    1. Hice (GA): Ensures that a policy similar to Schedule F 
could be reinstated in the future by the President. (10 
minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 2988 IN PART B CONSIDERED AS ADOPTED

    1. Maloney, Carolyn (NY): Strikes the extension of 
whistleblower protections to noncareer appointees in the Senior 
Executive Service.

     SUMMARY OF THE AMENDMENTS TO H.R. 2988 IN PART C MADE IN ORDER

    1. Auchincloss (MA): Requires GAO to conduct within four 
years of enactment a study that at a minimum examines the 
timeliness of MSPB whistleblower complaint rulings, reports on 
the rate of whistleblowers opting for a district court trial, 
and offers recommendations for MSPB to make improvements to its 
whistleblower complaint review process. (10 minutes)
    2. Jackson Lee (TX): Directs each Office of Inspector 
General to establish and maintain a mechanism to receive 
anonymous whistleblower information that conforms to specified 
requirements to ensure and maintain anonymity. (10 minutes)
    3. Porter (CA): Creates new reporting requirement for 
Inspectors General to provide to Congress the number of 
instances in which their Office did not resolve a whistleblower 
retaliation complaint within 8 months after receiving the 
complaint. (10 minutes)
    4. Spanberger (VA): Adds language to allow whistleblowers 
to challenge adverse security clearance actions through the 
same adjudication process used for other whistleblower 
retaliation complaints. (10 minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 8326 IN PART D CONSIDERED AS ADOPTED

    1. Maloney, Carolyn (NY): Provides additional transparency 
into the Census Bureau budget process, modifies the 
qualifications for the Deputy Director, and modifies the 
removal process for the Director.

     SUMMARY OF THE AMENDMENTS TO H.R. 8326 IN PART E MADE IN ORDER

    1. Jackson Lee (TX): Directs the Deputy Director to appoint 
an employee within the Census Bureau who will be responsible 
for optimizing racial and ethnic equity in the decennial census 
count of the population by engaging in specified activities, 
the progress of which shall be included in the Secretary's 
biannual reports to Congress. (10 minutes)
    2. Hice (GA): Eliminates for-cause removal requirements of 
the Director of the Census Bureau; strikes the requirement that 
the Deputy Director position be a career-reserved candidate and 
certain qualifications for the position; and adds that the 
Deputy act as the Director in the event of a vacancy in the 
Director position. (10 minutes)
    3. Case (HI): Requires the Census Bureau to submit a report 
to Congress on the agency's current processes for consulting 
and engaging with jurisdictions and local partners in 
conducting the decennial census and efforts by the Bureau to 
improve local-level data collection and coordination of local 
field operations. (10 minutes)

          PART A--TEXT OF AMENDMENT TO H.R. 302 MADE IN ORDER

1. An Amendment To Be Offered by Representative Hice of Georgia or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 14, strike ``; and'' and insert the following: 
``, subject to the terms and conditions under part 6 of such 
title as in effect on such date; or''.
  Page 3, strike lines 15 and 16 and insert the following:
          (2) in schedule F of the excepted service as in 
        effect on December 31, 2020, pursuant to Executive 
        Order 13957 (85 Fed. Reg. 67631; relating to creating 
        schedule F in the excepted service).
  Page 3, line 20, before the period, insert ``or (a)(2)''.

      PART B--TEXT OF AMENDMENT TO H.R. 2988 CONSIDERED AS ADOPTED

  Page 16, beginning on line 6, strike ``an'' and all that 
follows through line 11 and insert the following: ``and an 
officer or applicant for employment in the commissioned officer 
corps of the National Oceanic and Atmospheric 
Administration.''.

         PART C--TEXT OF AMENDMENTS TO H.R. 2988 MADE IN ORDER

    1. An Amendment To Be Offered by Representative Auchincloss of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of section 3(c)(4), insert the following:
                  (C) GAO report.--Not later than 4 years after 
                the date of enactment of this Act, the 
                Comptroller General shall--
                          (i) conduct a study on actions 
                        brought before Federal court pursuant 
                        to paragraph (2) of section 1221(i) of 
                        title 5, United States Code (as added 
                        by subparagraph (A) of this paragraph) 
                        that, at the minimum, examines the 
                        timeliness of Merit Systems Protection 
                        Board whistleblower complaint rulings, 
                        the rates of individuals opting for a 
                        district court trial under such 
                        paragraph, and recommendations for the 
                        Board to make improvements to its 
                        whistleblower claim review process; and
                          (ii) submit a report on such study to 
                        Congress and publish such report on the 
                        Government Accountability Office's 
                        public website.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 7. INSPECTOR GENERAL WHISTLEBLOWER INFORMATION COLLECTION SYSTEMS.

  (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Inspector General of each Federal 
agency and each designated Federal entity (as those terms are 
defined in sections 12(5) and 8G, respectively, of the 
Inspector General Act of 1978) shall establish and thereafter 
maintain a mechanism for the inspector general to receive 
anonymous whistleblower information (including fraud, waste, 
and abuse).
  (b) Requirements.--
          (1) Anonymity.--Any whistleblower mechanism 
        established under subsection (a) by an inspector 
        general shall maintain total anonymity for any 
        individual who submits information through such 
        mechanism.
          (2) Acceptable systems.--In order to maintain 
        anonymity, any such mechanism may not include the use 
        of any computer or telephone systems in collecting such 
        information, but may include the use of the United 
        States mail, physical receptacles for receiving 
        information, or any other system that can assure 
        anonymity.
          (3) Rule of construction.--Nothing in this section 
        shall be construed to limit or otherwise prohibit an 
        inspector general from using computer or telephone 
        systems when carrying out any other program, project, 
        or activity not authorized by this section.
                              ----------                              


3. An Amendment To Be Offered by Representative Porter of California or 
                 Her Designee, Debatable for 10 Minutes

  Insert the following at the end of section 3:
  (h) IG Semiannual Reports.--Section 5(a)(20) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--
          (1) in subparagraph (A), by striking ``and'' at the 
        end;
          (2) in subparagraph (B), by striking the semicolon at 
        the end and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(C) the number of instances in which the 
                Office did not make a determination regarding 
                whether there were reasonable grounds to 
                believe that a prohibited personnel practice 
                had occurred, existed, or was to be taken 
                within 240 days after receiving a whistleblower 
                retaliation complaint;''.
                              ----------                              


4. An Amendment To Be Offered by Representative Spanberger of Virginia 
               or Her Designee, Debatable for 10 Minutes

  Page 3, line 13, strike ``(xiii)'' and insert ``(xiv)''.
  Page 4, line 6, strike ``and''.
  Page 4, after line 12, insert the following
          (3) Security clearances.--Section 2302(a)(2)(A) of 
        title 5, United States Code, as amended by paragraph 
        (1), is further amended by inserting after clause (xii) 
        the following:
                          ``(xiii) a suspension, revocation, 
                        denial, or other determination relating 
                        to a security clearance or any other 
                        access determination made by an agency; 
                        and''.
  Page 15, line 25, strike ``(xiii)'' and insert ``(xiv)''.

      PART D--TEXT OF AMENDMENT TO H.R. 8326 CONSIDERED AS ADOPTED

  Page 1, line 15, strike ``Secretary shall include in such 
request'' and insert ``Director shall include in such request 
to the Secretary''.
  Page 2, beginning on line 1, strike ``are submitted to the 
President under subsection (a), the Secretary'' and insert ``is 
submitted to the Secretary under subsection (a), the 
Director''.
  Page 2, line 14, strike ``For-cause Removal of the 
Director;''.
  Page 2, strike lines 15 through 20 and insert the following: 
``Section 21(c) of title 13, United States Code, is amended to 
read as follows:''.
  Page 3, beginning on line 25, strike ``possess'' and all that 
follows through page 4, line 3, and insert the following: ``be 
made from individuals who have a demonstrated ability in 
managing large organizations and experience in the collection, 
analysis, and use of statistical data.''.
  Page 6, line 21, strike ``two'' and insert ``three''.

         PART E--TEXT OF AMENDMENTS TO H.R. 8326 MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, after line 16, insert the following:
          ``(4) Census equity official.--The Deputy Director 
        shall appoint an employee within the Bureau, who shall 
        report directly to the Deputy Director, and who shall 
        be responsible for optimizing racial and ethnic equity 
        in the decennial census of population, including by--
                  ``(A) enhancing outreach to, and 
                collaborating with, organizations and 
                stakeholders that have demonstrated their 
                influence with racial and ethnic communities 
                that historically have had census participation 
                rates that are lower than those of the overall 
                population;
                  ``(B) maximizing participation among racial 
                and ethnic demographic cohorts that have 
                historically had census participation rates 
                that are lower than those of the overall 
                population;
                  ``(C) rectifying the undercount of cohorts of 
                the population that have been undercounted in 
                recent decennial census counts; and
                  ``(D) any other strategies, initiatives, 
                activities, or operations that would optimize 
                such equity.''.
  Page 8, line 4, after ``census'' insert the following: ``, 
and including a detailed statement on the status of any 
initiatives, developments, and operations within the purview of 
the official appointed by the Deputy Director under section 
21(d)(4)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Hice of Georgia or His 
                   Designee, Debatable for 10 Minutes

  Strike section 2(b) (relating to for-cause removal and 
duties) and redesignate subsequent subsections accordingly.
  Page 3, line 7, strike ``; Deputy Director''.
  Page 3, beginning on line 9, strike ``as amended by 
subsection (b), is further amended--'' and insert ``is amended 
by adding at the end the following:''.
  Page 3, strike line 11 and all that follows through page 4, 
line 16.
  Page 4, line 17, redesignate subsection (e) as subsection 
(d).
  Page 6, in the matter following line 13, strike ``Deputy 
Director;''.
  Strike section 2(d) (relating to position requirements).
                              ----------                              


 3. An Amendment To Be Offered by Representative Case of Hawaii or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 5. REPORT ON LOCAL-LEVEL DATA AND LOCAL FIELD OPERATIONS.

  Not later than 180 days after the date of the enactment of 
this Act, the Director of the Bureau of the Census shall submit 
to Congress a report that--
          (1) reviews the Bureau's current processes for 
        consulting and engaging with jurisdictions and local 
        partners in conducting the decennial census, including 
        as it relates to preventing and addressing 
        inaccuracies;
          (2) provides an update on the Bureau's progress in 
        implementing several of the Government Accountability 
        Office's recommendations as it relates to the 
        collection and utilization of local-level data and 
        coordination of local field operations; and
          (3) outlines additional resources needed to support 
        and improve the Bureau's capacity to conduct an 
        accurate count of the Nation's population.

                                  
                                  
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