[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1945 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1945

   To amend the Voting Rights Act of 1965 to revise the criteria for 
  determining which States and political subdivisions are subject to 
             section 4 of the Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2014

   Mr. Leahy (for himself, Mr. Durbin, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Voting Rights Act of 1965 to revise the criteria for 
  determining which States and political subdivisions are subject to 
             section 4 of the Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voting Rights Amendment Act of 
2014''.

SEC. 2. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN 
              JURISDICTION.

    (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 
1965 (42 U.S.C. 1973a(c)) is amended by striking ``violations of the 
fourteenth or fifteenth amendment'' and inserting ``violations of the 
14th or 15th Amendment; violations of this Act (other than a violation 
of section 2(a) which is based on the imposition of a requirement that 
an individual provide a photo identification as a condition of 
receiving a ballot for voting in an election for Federal, State, or 
local office); or violations of any Federal voting rights law that 
prohibits discrimination on the basis of race, color, or membership in 
a language minority group,''.
    (b) Conforming Amendment.--Section 3(a) of such Act (42 U.S.C. 
1973a(a)) is amended by striking ``violations of the fourteenth or 
fifteenth amendment'' and inserting ``violations of the 14th or 15th 
Amendment, violations of this Act, or violations of any Federal voting 
rights law that prohibits discrimination on the basis of race, color, 
or membership in a language minority group,''.

SEC. 3. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS.

    (a) Determination of States and Political Subdivisions Subject to 
Section 4(a).--
            (1) In general.--Section 4(b) of the Voting Rights Act of 
        1965 (42 U.S.C. 1973b(b)) is amended to read as follows:
    ``(b) Determination of States and Political Subdivisions Subject to 
Requirements.--
            ``(1) Existence of voting rights violations during previous 
        15 years.--
                    ``(A) Statewide application.--Subsection (a) 
                applies with respect to a State and all political 
                subdivisions within the State during a calendar year if 
                5 or more voting rights violations occurred in the 
                State during the previous 15 calendar years, at least 
                one of which was committed by the State itself (as 
                opposed to a political subdivision within the State).
                    ``(B) Application to specific political 
                subdivisions.--Subsection (a) applies with respect to a 
                political subdivision during a calendar year if--
                            ``(i) 3 or more voting rights violations 
                        occurred in the subdivision during the previous 
                        15 calendar years; or
                            ``(ii) 1 or more voting rights violations 
                        occurred in the subdivision during the previous 
                        15 calendar years and the subdivision had 
                        persistent, extremely low minority turnout 
                        during the previous 15 calendar years.
            ``(2) Period of application.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if, pursuant to paragraph (1), 
                subsection (a) applies with respect to a State or 
                political subdivision during a calendar year, 
                subsection (a) shall apply with respect to such State 
                or political subdivision for the period--
                            ``(i) that begins on January 1 of the year 
                        in which subsection (a) applies pursuant to the 
                        applicable provisions of paragraph (1); and
                            ``(ii) that ends on the date which is 10 
                        years after January 1 of the year in which the 
                        most recent voting rights violation occurred in 
                        the State or political subdivision.
                    ``(B) No further application after declaratory 
                judgment.--
                            ``(i) States.--If a State obtains a 
                        declaratory judgment under subsection (a), and 
                        the judgment remains in effect, subsection (a) 
                        shall no longer apply to such State pursuant to 
                        paragraph (1)(A) unless, after the issuance of 
                        the declaratory judgment, paragraph (1)(A) 
                        applies to the State solely on the basis of 
                        voting rights violations occurring after the 
                        issuance of the declaratory judgment.
                            ``(ii) Political subdivisions.--If a 
                        political subdivision obtains a declaratory 
                        judgment under subsection (a), and the judgment 
                        remains in effect, subsection (a) shall no 
                        longer apply to such political subdivision 
                        pursuant to paragraph (1), including pursuant 
                        to paragraph (1)(A) (relating to the statewide 
                        application of subsection (a)), unless, after 
                        the issuance of the declaratory judgment, 
                        paragraph (1)(B) applies to the political 
                        subdivision solely on the basis of voting 
                        rights violations (and, in the case of 
                        paragraph (1)(B)(ii), extremely low minority 
                        turnout) occurring after the issuance of the 
                        declaratory judgment.
            ``(3) Determination of voting rights violation.--For 
        purposes of paragraph (1), a voting rights violation occurred 
        in a State or political subdivision if any of the following 
        applies:
                    ``(A) In a final judgment (which has not been 
                reversed on appeal), any court of the United States has 
                determined that a denial or abridgement of the right of 
                any citizen of the United States to vote on account of 
                race, color, or membership in a language minority 
                group, in violation of the 14th or 15th Amendment, 
                occurred anywhere within the State or subdivision.
                    ``(B) In a final judgment (which has not been 
                reversed on appeal), any court of the United States has 
                determined that a voting qualification or prerequisite 
                to voting or standard, practice, or procedure with 
                respect to voting was imposed or applied or would have 
                been imposed or applied anywhere within the State or 
                subdivision in a manner that resulted or would have 
                resulted in a denial or abridgement of the right of any 
                citizen of the United States to vote on account of race 
                or color, or in contravention of the guarantees set 
                forth in subsection (f)(2), in violation of section 2.
                    ``(C) In a final judgment (which has not been 
                reversed on appeal), any court of the United States has 
                denied the request of the State or subdivision for a 
                declaratory judgment under section 3(c) or section 5, 
                and thereby prevented a voting qualification or 
                prerequisite to voting or standard, practice, or 
                procedure with respect to voting from being enforced 
                anywhere within the State or subdivision.
                    ``(D) The Attorney General has interposed an 
                objection under section 3(c) or section 5 (and the 
                objection has not been overturned by a final judgment 
                of a court or withdrawn by the Attorney General), and 
                thereby prevented a voting qualification or 
                prerequisite to voting or standard, practice, or 
                procedure with respect to voting from being enforced 
                anywhere within the State or subdivision, other than an 
                objection which is based on a voting qualification or 
                procedure which consists of the imposition of a 
                requirement that an individual provide a photo 
                identification as a condition of receiving a ballot for 
                voting in an election for Federal, State, or local 
                office.
            ``(4) Determination of persistent, extremely low minority 
        turnout.--For purposes of paragraph (1)(B)(ii), a political 
        subdivision has persistent, extremely low minority turnout with 
        respect to a calendar year if any of the following applies:
                    ``(A) With respect to the general elections for the 
                office of President which were held in the political 
                subdivision during the previous 15 calendar years--
                            ``(i) in the majority of such elections, 
                        the minority turnout rate in the political 
                        subdivision was below--
                                    ``(I) the minority turnout rate for 
                                the entire Nation,
                                    ``(II) the nonminority turnout rate 
                                for the entire Nation,
                                    ``(III) the minority turnout rate 
                                for the State in which the political 
                                subdivision is located,
                                    ``(IV) the nonminority turnout rate 
                                for the State in which the political 
                                subdivision is located, and
                                    ``(V) the nonminority turnout rate 
                                for the political subdivision; and
                            ``(ii) the average minority turnout rate 
                        across all such elections in the political 
                        subdivision was more than 10 percentage points 
                        below the average nonminority turnout rate for 
                        the entire Nation.
                    ``(B) With respect to the general elections for 
                Federal office which were held in the political 
                subdivision during the previous 15 calendar years--
                            ``(i) in the majority of such elections, 
                        the minority turnout rate in the political 
                        subdivision was below--
                                    ``(I) the minority turnout rate for 
                                the State in which the political 
                                subdivision is located,
                                    ``(II) the nonminority turnout rate 
                                for the State in which the political 
                                subdivision is located, and
                                    ``(III) the nonminority turnout 
                                rate for the political subdivision; and
                            ``(ii) the average minority turnout rate 
                        across all such elections in the political 
                        subdivision was more than 10 percentage points 
                        below the average nonminority turnout rate for 
                        the State in which the political subdivision is 
                        located.
            ``(5) Timing of determinations.--
                    ``(A) Determinations of voting rights violations.--
                As early as practicable during each calendar year, the 
                Attorney General shall make the determinations required 
                by this subsection (other than the determinations 
                described in subparagraph (B)), including updating the 
                list of voting rights violations attributable to each 
                State and political subdivision for the previous 
                calendar year.
                    ``(B) Determinations of turnout rates.--As early as 
                practicable during each odd-numbered calendar year, the 
                Attorney General, in consultation with the heads of the 
                relevant offices of the government, shall make the 
                determinations of turnout rates required by this 
                subsection, including the minority and nonminority 
                turnout rates for the general elections for Federal 
                office held in the previous year in each State and 
                political subdivision (expressed as percentages of the 
                citizen voting-age population of the State and 
                subdivision and determined using scientifically 
                accepted statistical methodologies).
                    ``(C) Effective upon publication in federal 
                register.--A determination or certification of the 
                Attorney General under this section or under section 8 
                or 13 shall be effective upon publication in the 
                Federal Register.
            ``(6) Other definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) The term `general election for Federal 
                office' means a general election held solely or in part 
                for the purpose of electing any candidate for the 
                office of President, Vice President, Presidential 
                elector, Senator, Member of the House of 
                Representatives, or Delegate or Resident Commissioner 
                to the Congress.
                    ``(B) The term `minority' means persons who 
                identify themselves as being--
                            ``(i) of Hispanic or Latino origin;
                            ``(ii) of a race other than white; or
                            ``(iii) of 2 or more races.
                    ``(C) The term `nonminority' means persons who 
                identify themselves as being--
                            ``(i) not of Hispanic or Latino origin;
                            ``(ii) white; and
                            ``(iii) not of any other race.
                    ``(D) The term `turnout rate' means, with respect 
                to a demographic group and an election, the amount 
                (expressed as a percentage) equal to the quotient of--
                            ``(i) the number of individuals in that 
                        group who are citizens of the United States, 
                        who are 18 years of age or older on the date of 
                        the election, and who cast ballots in the 
                        election; divided by
                            ``(ii) the total number of individuals in 
                        that group who are citizens of the United 
                        States and who are 18 years of age or older on 
                        the date of the election.''.
            (2) Conforming amendments.--Section 4(a) of such Act (42 
        U.S.C. 1973b(a)) is amended--
                    (A) in paragraph (1) in the first sentence of the 
                matter preceding subparagraph (A), by striking ``any 
                State with respect to which'' and all that follows 
                through ``unless'' and inserting ``any State to which 
                this subsection applies during a calendar year pursuant 
                to determinations made under subsection (b), or in any 
                political subdivision of such State (as such 
                subdivision existed on the date such determinations 
                were made with respect to such State), though such 
                determinations were not made with respect to such 
                subdivision as a separate unit, or in any political 
                subdivision with respect to which this subsection 
                applies during a calendar year pursuant to 
                determinations made with respect to such subdivision as 
                a separate unit under subsection (b), unless'';
                    (B) in paragraph (1) in the matter preceding 
                subparagraph (A), by striking the second sentence;
                    (C) in paragraph (1)(A), by striking ``(in the case 
                of a State or subdivision seeking a declaratory 
                judgment under the second sentence of this 
                subsection)'';
                    (D) in paragraph (1)(B), by striking ``(in the case 
                of a State or subdivision seeking a declaratory 
                judgment under the second sentence of this 
                subsection)'';
                    (E) in paragraph (3), by striking ``(in the case of 
                a State or subdivision seeking a declaratory judgment 
                under the second sentence of this subsection)'';
                    (F) in paragraph (5), by striking ``(in the case of 
                a State or subdivision which sought a declaratory 
                judgment under the second sentence of this 
                subsection)''; and
                    (G) by striking paragraphs (7) and (8).
    (b) Clarification of Treatment of Members of Language Minority 
Groups.--Section 4(a)(1) of such Act (42 U.S.C. 1973b(a)(1)) is amended 
by striking ``race or color,'' and inserting ``race or color or in 
contravention of the guarantees of subsection (f)(2),''.
    (c) Repeal of Retention of Jurisdiction of 3-Judge Court.--Section 
4(a)(5) of such Act (42 U.S.C. 1973b(a)(5)) is amended by striking the 
second and third sentences.

SEC. 4. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.

    (a) Transparency.--
            (1) In general.--The Voting Rights Act of 1965 (42 U.S.C. 
        1973 et seq.) is amended by inserting after section 5 the 
        following new section:

       ``transparency regarding changes to protect voting rights

    ``Sec. 6.  (a) Notice of Enacted Changes.--
            ``(1) Notice of changes.--If a State or political 
        subdivision makes any change in any prerequisite to voting or 
        standard, practice, or procedure affecting voting in any 
        election for Federal office that will result in the 
        prerequisite, standard, practice, or procedure being different 
        from that which was in effect as of 180 days before the date of 
        the election, the State or political subdivision shall provide 
        reasonable public notice in such State or political subdivision 
        and on the Internet, in a reasonably convenient and accessible 
        format, of a concise description of the change, including the 
        difference between the changed prerequisite, standard, 
        practice, or procedure and the prerequisite, standard, 
        practice, or procedure which was previously in effect.
            ``(2) Deadline for notice.--A State or political 
        subdivision shall provide the public notice required under 
        paragraph (1) not later than 48 hours after making the change 
        involved.
    ``(b) Transparency Regarding Polling Place Resources.--
            ``(1) In general.--In order to identify any changes that 
        may impact the right to vote of any person, prior to the 30th 
        day before the date of an election for Federal office, each 
        State or political subdivision with responsibility for 
        allocating registered voters, voting machines, and official 
        poll workers to particular precincts and polling places shall 
        provide reasonable public notice in such State or political 
        subdivision and on the Internet, in a reasonably convenient and 
        accessible format, of the information described in paragraph 
        (2) for precincts and polling places within such State or 
        political subdivision.
            ``(2) Information described.--The information described in 
        this paragraph with respect to a precinct or polling place is 
        as follows:
                    ``(A) The name or number.
                    ``(B) In the case of a polling place, the location, 
                including the street address.
                    ``(C) The voting-age population of the area served 
                by the precinct or polling place, broken down by 
                demographic group if such breakdown is reasonably 
                available to such State or political subdivision.
                    ``(D) The number of registered voters assigned to 
                the precinct or polling place, broken down by 
                demographic group if such breakdown is reasonably 
                available to such State or political subdivision.
                    ``(E) The number of voting machines assigned.
                    ``(F) The number of official paid poll workers 
                assigned.
                    ``(G) The number of official volunteer poll workers 
                assigned.
                    ``(H) In the case of a polling place, the dates and 
                hours of operation.
            ``(3) Updates in information reported.--If a State or 
        political subdivision makes any change in any of the 
        information described in paragraph (2), the State or political 
        subdivision shall provide reasonable public notice in such 
        State or political subdivision and on the Internet, in a 
        reasonably convenient and accessible format, of the change in 
        the information not later than 48 hours after the change occurs 
        or, if the change occurs fewer than 48 hours before the date of 
        the election, as soon as practicable after the change occurs.
    ``(c) Transparency of Changes Relating to Demographics and 
Electoral Districts.--
            ``(1) Requiring public notice of changes.--Not later than 
        10 days after making any change in the constituency that will 
        participate in an election for Federal, State, or local office 
        or the boundaries of a voting unit or electoral district in an 
        election for Federal, State, or local office (including through 
        redistricting, reapportionment, changing from at-large 
        elections to district-based elections, or changing from 
        district-based elections to at-large elections), a State or 
        political subdivision shall provide reasonable public notice in 
        such State or political subdivision and on the Internet, in a 
        reasonably convenient and accessible format, of the demographic 
        and electoral data described in paragraph (3) for each of the 
        geographic areas described in paragraph (2).
            ``(2) Geographic areas described.--The geographic areas 
        described in this paragraph are as follows:
                    ``(A) The State as a whole, if the change applies 
                statewide, or the political subdivision as a whole, if 
                the change applies across the entire political 
                subdivision.
                    ``(B) If the change includes a plan to replace or 
                eliminate voting units or electoral districts, each 
                voting unit or electoral district that will be replaced 
                or eliminated.
                    ``(C) If the change includes a plan to establish 
                new voting units or electoral districts, each such new 
                voting unit or electoral district.
            ``(3) Demographic and electoral data.--The demographic and 
        electoral data described in this paragraph with respect to a 
        geographic area described in paragraph (2) are as follows:
                    ``(A) The voting age population, broken down by 
                demographic group.
                    ``(B) If it is reasonably available to the State or 
                political subdivision involved, an estimate of the 
                population of the area which consists of citizens of 
                the United States who are 18 years of age or older, 
                broken down by demographic group.
                    ``(C) The number of registered voters, broken down 
                by demographic group if such breakdown is reasonably 
                available to the State or political subdivision 
                involved.
                    ``(D) The actual number of votes, or (if it is not 
                reasonably practicable for the State or political 
                subdivision to ascertain the actual number of votes) 
                the estimated number of votes received by each 
                candidate in each statewide election and (if the change 
                applies to only one political subdivision) in each 
                subdivision-wide election held during the 5-year period 
                which ends on the date the change involved is made.
            ``(4) Voluntary compliance by smaller jurisdictions.--
        Compliance with this subsection shall be voluntary for a 
        political subdivision of a State unless the subdivision is one 
        of the following:
                    ``(A) A county or parish.
                    ``(B) A municipality with a population greater than 
                10,000, as determined under the most recent decennial 
                census.
                    ``(C) A school district with a population greater 
                than 10,000, as determined under the most recent 
                decennial census. For purposes of this paragraph, the 
                term `school district' means the geographic area under 
                the jurisdiction of a local educational agency (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965).
    ``(d) Rules Regarding Format of Information.--The Attorney General 
may issue rules specifying a reasonably convenient and accessible 
format that States and political subdivisions shall use to provide 
public notice of information under this section.
    ``(e) No Denial of Right To Vote.--The right to vote of any person 
shall not be denied or abridged because the person failed to comply 
with any change made by a State or political subdivision if the State 
or political subdivision involved did not meet the applicable 
requirements of this section with respect to the change.
    ``(f) Definitions.--In this section--
            ``(1) the term `demographic group' means each group which 
        section 2 protects from the denial or abridgement of the right 
        to vote on account of race or color, or in contravention of the 
        guarantees set forth in section 4(f)(2); and
            ``(2) the term `election' means, with respect to Federal 
        office, any general, special, primary, or runoff election held 
        solely or in part for the purpose of electing any candidate for 
        the office of President, Vice President, Presidential elector, 
        Senator, Member of the House of Representatives, or Delegate or 
        Resident Commissioner to the Congress.''.
            (2) Conforming amendment.--Section 3(a) of such Act (42 
        U.S.C. 1973a(a)) is amended by striking ``in accordance with 
        section 6''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall 
apply with respect to changes which are made on or after the expiration 
of the 60-day period which begins on the date of the enactment of this 
Act.

SEC. 5. AUTHORITY TO ASSIGN OBSERVERS.

    (a) Clarification of Authority in Political Subdivisions Subject to 
Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (42 
U.S.C. 1973f(a)(2)(B)) is amended to read as follows:
                    ``(B) in the Attorney General's judgment, the 
                assignment of observers is otherwise necessary to 
                enforce the guarantees of the 14th or 15th amendment or 
                any provision of this Act or any other law of the 
                United States protecting the right of citizens of the 
                United States to vote;''.
    (b) Assignment of Observers To Enforce Bilingual Election 
Requirements.--Section 8(a) of such Act (42 U.S.C. 1973f(a)) is 
amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by adding ``or'' at the end of paragraph (2); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) the Attorney General certifies with respect to a 
        political subdivision that--
                    ``(A) the Attorney General has received written 
                meritorious complaints from residents, elected 
                officials, or civic participation organizations that 
                efforts to violate section 203 are likely to occur, or
                    ``(B) in the Attorney General's judgment, the 
                assignment of observers is necessary to enforce the 
                guarantees of section 203;''.

SEC. 6. INJUNCTIVE RELIEF.

    (a) Clarification of Scope and Persons Authorized To Seek Relief.--
Section 12(d) of the Voting Rights Act of 1965 (42 U.S.C. 1973j(d)) is 
amended--
            (1) by striking ``section 2, 3, 4, 5, 7, 10, 11, or 
        subsection (b) of this section'' and inserting ``the 14th or 
        15th Amendment, this Act, or any Federal voting rights law that 
        prohibits discrimination on the basis of race, color, or 
        membership in a language minority group''; and
            (2) by striking ``the Attorney General may institute for 
        the United States, or in the name of the United States,'' and 
        inserting ``the aggrieved person or (in the name of the United 
        States) the Attorney General may institute''.
    (b) Grounds for Granting Relief.--Section 12(d) of such Act (42 
U.S.C. 1973j(d)) is amended--
            (1) by striking ``(d) Whenever any person'' and inserting 
        ``(d)(1) Whenever any person'';
            (2) by striking ``(1) to permit'' and inserting ``(A) to 
        permit'';
            (3) by striking ``(2) to count'' and inserting ``(B) to 
        count''; and
            (4) by adding at the end the following new paragraph:
    ``(2)(A) In any action for relief described in this subsection, the 
court shall grant the relief if the court determines that, on balance, 
the hardship imposed upon the defendant by the issuance of the relief 
will be less than the hardship which would be imposed upon the 
plaintiff if the relief were not granted.
    ``(B) In making its determination under this paragraph with respect 
to a change in any voting qualification, prerequisite to voting, or 
standard, practice, or procedure affecting voting, the court shall 
consider the following factors (to the extent applicable to the 
action):
            ``(i) Whether the qualification, prerequisite, standard, 
        practice, or procedure in effect prior to the change was 
        adopted as a remedy for a Federal court judgment, consent 
        decree, or admission regarding--
                    ``(I) discrimination on the basis of race or color 
                in violation of the 14th or 15th Amendment;
                    ``(II) a violation of this Act; or
                    ``(III) voting discrimination on the basis of race, 
                color, or membership in a language minority group in 
                violation of any other Federal or State law.
            ``(ii) Whether the qualification, prerequisite, standard, 
        practice, or procedure in effect prior to the change served as 
        a ground for the dismissal or settlement of a claim alleging--
                    ``(I) discrimination on the basis of race or color 
                in violation of the 14th or 15th Amendment;
                    ``(II) a violation of this Act; or
                    ``(III) voting discrimination on the basis of race, 
                color, or membership in a language minority group in 
                violation of any other Federal or State law.
            ``(iii) Whether the change was adopted fewer than 180 days 
        before the date of the election with respect to which it is to 
        take effect.
            ``(iv) Whether the defendant has failed to provide timely 
        or complete notice of the adoption of the change as required by 
        applicable Federal or State law.''.

SEC. 7. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Actions Covered Under Section 3.--Section 3(c) of the Voting 
Rights Act of 1965 (42 U.S.C. 1973a(c)) is amended--
            (1) by striking ``any proceeding instituted by the Attorney 
        General or an aggrieved person under any statute to enforce'' 
        and inserting ``any action under any statute in which a party 
        (including the Attorney General) seeks to enforce''; and
            (2) by striking ``at the time the proceeding was 
        commenced'' and inserting ``at the time the action was 
        commenced''.
    (b) Clarification of Treatment of Members of Language Minority 
Groups.--Section 4(f) of such Act (42 U.S.C. 1973b(f)) is amended--
            (1) in paragraph (1), by striking the second sentence; and
            (2) by striking paragraphs (3) and (4).
    (c) Period During Which Changes in Voting Practices Are Subject to 
Preclearance Under Section 5.--Section 5 of such Act (42 U.S.C. 1973c) 
is amended--
            (1) in subsection (a), by striking ``based upon 
        determinations made under the first sentence of section 4(b) 
        are in effect'' and inserting ``are in effect during a calendar 
        year'';
            (2) in subsection (a), by striking ``November 1, 1964'' and 
        all that follows through ``November 1, 1972'' and inserting 
        ``the applicable date of coverage''; and
            (3) by adding at the end the following new subsection:
    ``(e) The term `applicable date of coverage' means, with respect to 
a State or political subdivision--
            ``(1) June 25, 2013, if the most recent determination for 
        such State or subdivision under section 4(b) was made on or 
        before December 31, 2015; or
            ``(2) the date on which the most recent determination for 
        such State or subdivision under section 4(b) was made, if such 
        determination was made after December 31, 2015.''.
                                 <all>