December 09, 2021

Rep. Ruben Gallego Applauds Passage of the Protecting Our Democracy Act; Legislation Includes Gallego Amendment Preventing Security Clearance Abuse

WASHINGTON, DC–Rep. Ruben Gallego (AZ-07) today lauded the House passage of H.R. 5314, the Protecting Our Democracy Act. The bill, a package of reforms to prevent presidential abuse, includes a key amendment proposed by Rep. Gallego requiring the president or executive branch agencies report to Congress at any point when an immediate family member of the president seeks a security clearance and the status of the clearance, including interim clearances. 

“The four years of the Trump Administration tested our democracy’s ability to contain a president who had zero regard for the rule of law. Though our republic held strong, Congress must take action to safeguard our country from any attempts by future presidents to profit off the presidency, install personal cronies within our government, and rig an election in their favor,” said Rep. Ruben Gallego (AZ-07). “That is why we must pass the Protecting the Democracy Act. With my included amendment that helps prevent nepotism and conflicts-of-interest in the security clearance process, this legislation will ensure that future administrations abide by the ideals and values that is expected from the President of the United States.”

The Protecting Our Democracy Act increases transparency and accountability measures between Congress and the executive branch and protects our election from foreign interference. Specifically, the bill precents presidential abuses; restores our system of checks and balances, strengthens accountability and transparency; and protects our elections.

The Gallego amendment included in the bill 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. Additionally, the amendment 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, including interim clearances.

Rep. Gallego proposed the amendment following the issues encountered during the Trump Administration with the security clearance of President Trump’s son-in-law and senior advisor Jared Kushner. At the time, President Trump ordered his chief of staff John F. Kelly to grant Mr. Kushner a top-secret security clearance despite concerns raised by intelligence officials and White House counsel Donald F. McGahn II. The amendment proposed by Rep. Gallego was inspired by a previous provision championed by the late Oversight Committee Chairman Elijah Cummings in the Transition Team Ethics Improvement Act.

Lack of access to executive branch security information, including the security clearances of family members, was a barrier when the U.S. House attempted to investigate potential improprieties related to Mr. Kushner’s clearance at the time. Rep. Gallego’s amendment seeks to prevent future administrations from failing to disclose this information by preemptively requiring they notify Congress of security clearance updates.

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Rep. Ruben Gallego is a Marine Corps combat veteran who served in Iraq. He serves on the House Armed Services Committee, the House Natural Resources Committee, and the House Committee on Veterans’ Affairs.