[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5085 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 644
116th CONGRESS
  2d Session
                                S. 5085

 To amend the Internal Revenue Code of 1986 to increase the additional 
2020 recovery rebates, to repeal section 230 of the Communications Act 
                    of 1934, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 29, 2020

 Mr. McConnell introduced the following bill; which was read the first 
                                  time

                           December 30, 2020

             Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to increase the additional 
2020 recovery rebates, to repeal section 230 of the Communications Act 
                    of 1934, 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. INCREASE IN 2020 RECOVERY REBATES.

    (a) In General.--Section 6428A of the Internal Revenue Code of 1986 
(as added by the COVID-related Tax Relief Act of 2020) is amended--
            (1) in subsection (a)(1), by striking ``$600 ($1,200'' and 
        inserting ``$2,000 ($4,000'',
            (2) in subsection (g)(1), by striking ``$600'' and 
        inserting ``$2,000'', and
            (3) in subsection (g)(2)--
                    (A) by striking ``$1,200'' in the matter preceding 
                subparagraph (A) and inserting ``$4,000'', and
                    (B) by striking ``$600'' in subparagraph (A) and 
                inserting ``$2,000''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in section 272 of the COVID-related Tax Relief 
Act of 2020.

SEC. 2. REPEAL OF SECTION 230.

    (a) In General.--Section 230 of the Communications Act of 1934 (47 
U.S.C. 230) is repealed.
    (b) Conforming Amendments.--
            (1) Communications act of 1934.--The Communications Act of 
        1934 (47 U.S.C. 151 et seq.) is amended--
                    (A) in section 223(h) (47 U.S.C. 223(h)), by 
                striking paragraph (2) and inserting the following:
            ``(2) The term `interactive computer service' means any 
        information service, system, or access software provider that 
        provides or enables computer access by multiple users to a 
        computer server, including specifically a service or system 
        that provides access to the Internet and such systems operated 
        or services offered by libraries or educational 
        institutions.''; and
                    (B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by 
                striking ``or section 230''.
            (2) Trademark act of 1946.--Section 45 of the Act entitled 
        ``An Act to provide for the registration and protection of 
        trademarks used in commerce, to carry out the provisions of 
        certain international conventions, and for other purposes'', 
        approved July 5, 1946 (commonly known as the ``Trademark Act of 
        1946'') (15 U.S.C. 1127) is amended by striking the definition 
        relating to the term ``Internet'' and inserting the following:
    ``The term `Internet' means the international computer network of 
both Federal and non-Federal interoperable packet switched data 
networks.''.
            (3) Title 17, united states code.--Section 1401 of title 
        17, United States Code, is amended by striking subsection (g).
            (4) Title 18, united states code.--Part I of title 18, 
        United States Code, is amended--
                    (A) in section 2257(h)(2)(B)(v), by striking ``, 
                except that deletion of a particular communication or 
                material made by another person in a manner consistent 
                with section 230(c) of the Communications Act of 1934 
                (47 U.S.C. 230(c)) shall not constitute such selection 
                or alteration of the content of the communication''; 
                and
                    (B) in section 2421A--
                            (i) in subsection (a), by striking ``(as 
                        such term is defined in defined in section 
                        230(f) the Communications Act of 1934 (47 
                        U.S.C. 230(f)))'' and inserting ``(as that term 
                        is defined in section 223 of the Communications 
                        Act of 1934 (47 U.S.C. 223))''; and
                            (ii) in subsection (b), by striking ``(as 
                        such term is defined in defined in section 
                        230(f) the Communications Act of 1934 (47 
                        U.S.C. 230(f)))'' and inserting ``(as that term 
                        is defined in section 223 of the Communications 
                        Act of 1934 (47 U.S.C. 223))''.
            (5) Controlled substances act.--Section 
        401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 
        U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking ``, except 
        that deletion of a particular communication or material made by 
        another person in a manner consistent with section 230(c) of 
        the Communications Act of 1934 shall not constitute such 
        selection or alteration of the content of the communication''.
            (6) Webb-kenyon act.--Section 3(b)(1) of the Act entitled 
        ``An Act divesting intoxicating liquors of their interstate 
        character in certain cases'', approved March 1, 1913 (commonly 
        known as the ``Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)) is 
        amended by striking ``(as defined in section 230(f) of the 
        Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting 
        ``(as defined in section 223 of the Communications Act of 1934 
        (47 U.S.C. 223))''.
            (7) Title 28, united states code.--Section 4102 of title 
        28, United States Code, is amended--
                    (A) by striking subsection (c); and
                    (B) in subsection (e)--
                            (i) by striking ``construed to'' and all 
                        that follows through ``affect'' and inserting 
                        ``construed to affect''; and
                            (ii) by striking ``defamation; or'' and all 
                        that follows and inserting ``defamation.''.
            (8) Title 31, united states code.--Section 5362(6) of title 
        31, United States Code, is amended by striking ``section 230(f) 
        of the Communications Act of 1934 (47 U.S.C. 230(f))'' and 
        inserting ``section 223 of the Communications Act of 1934 (47 
        U.S.C. 223)''.
            (9) National telecommunications and information 
        administration organization act.--Section 157 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 941) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsections (f) through (j) as 
                subsections (e) through (i), respectively.

SEC. 3. 2020 BIPARTISAN ADVISORY COMMITTEE.

    (a) Establishment.--There is established within the Election 
Assistance Commission the 2020 Bipartisan Advisory Committee (referred 
to in this section as the ``Advisory Committee'').
    (b) Membership.--
            (1) Composition.--The Advisory Committee shall be composed 
        of 18 members of whom--
                    (A) nine shall be appointed by the leader of the 
                Republican caucus in the Senate (in consultation with 
                the minority leader of the House of Representatives), 
                one of which shall be appointed as a Co-Chairperson of 
                the Advisory Committee; and
                    (B) nine shall be appointed by the Speaker of the 
                House of Representatives (in consultation with the 
                leader of the Democratic caucus in the Senate), one of 
                which shall be appointed as a Co-Chairperson of the 
                Advisory Committee.
            (2) Representation.--Individuals appointed to the Advisory 
        Committee under paragraph (1) shall be geographically balanced 
        and shall include representatives of Federal, State, and local 
        governments and of the legal, cybersecurity, and election 
        administration and technology communities.
            (3) Date.--The appointments of the members of the Advisory 
        Committee shall be made not later than 90 days after the date 
        of enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Advisory shall be appointed for the duration of 
        the Advisory Committee.
            (2) Removal.--A member may be removed from the Advisory 
        Committee at any time at the upon concurrence of both of the 
        Co-Chairpersons of the Advisory Committee.
            (3) Vacancies.--A vacancy in the Advisory Committee--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.
    (d) Duties.--
            (1) Study.--
                    (A) In general.--The Advisory Committee shall, 
                consistent with applicable law, study the integrity and 
                administration of the general election for Federal 
                office held in November 2020 and make recommendations 
                to Congress to improve the security, integrity, and 
                administration of Federal elections.
                    (B) Matters studied.--The matters studied by the 
                Advisory Committee shall include--
                            (i) the effects of the COVID-19 pandemic on 
                        the administration of the general election for 
                        Federal office held in November 2020;
                            (ii) the election practices adopted by 
                        Federal, State, and local governments in 
                        response to the COVID-19 pandemic, including--
                                    (I) practices that undermined the 
                                security and integrity of the election; 
                                and
                                    (II) practices that strengthened 
                                the security and integrity of the 
                                election;
                            (iii) the laws, rules, policies, 
                        activities, strategies, and practices regarding 
                        mail-in ballots, absentee ballots, and vote-by-
                        mail procedures, including--
                                    (I) measures that undermined the 
                                security and integrity of the election; 
                                and
                                    (II) measures that strengthened the 
                                security and integrity of the election;
                            (iv) any laws, rules, policies, activities, 
                        strategies, and practices that would have 
                        allowed improper or fraudulent votes to be cast 
                        in such election and the scope of any improper 
                        and fraudulent votes that were cast in the 
                        election; and
                            (v) any laws, rules, policies, activities, 
                        strategies, and practices that would have 
                        allowed improper or fraudulent voter 
                        registration and the scope of any improper or 
                        fraudulent voter registration.
            (2) Reports.--
                    (A) Initial report.--Not later than 180 days after 
                the date of the enactment of this Act, the Advisory 
                Committee shall submit to the Election Assistance 
                Commission and the appropriate Congressional committees 
                a report on the matter studied under paragraph (1). 
                Such report shall include--
                            (i) precinct-by-precinct data highlighting 
                        the number and incidence of any improper and 
                        fraudulent votes that were cast in the 
                        election; and
                            (ii) precinct-by-precinct data highlighting 
                        the number and incidence of any improper and 
                        fraudulent voter registrations.
                    (B) Recommendations.--
                            (i) In general.--Not later than 360 days 
                        after the date of the enactment of this Act, 
                        the Advisory Committee shall submit to the 
                        Election Assistance Commission and the 
                        appropriate Congressional committees 
                        recommendations on the following:
                                    (I) The best practices that should 
                                be adopted by at each level of local, 
                                State, and Federal Government for 
                                administering elections for Federal 
                                office--
                                            (aa) during the COVID-19 
                                        pandemic; and
                                            (bb) during other national 
                                        emergencies.
                                    (II) The best practices that should 
                                be adopted at each level of local, 
                                State, and Federal Government to 
                                mitigate fraud and increase the 
                                integrity and security of mail-in 
                                ballots, absentee ballots, and vote-by-
                                mail procedures.
                                    (III) The best practices that 
                                should be adopted at each level of 
                                local, State, and Federal Government to 
                                prevent improper or fraudulent votes 
                                from being cast.
                                    (IV) The best practices that should 
                                be adopted at each level of local, 
                                State, and Federal Government to 
                                prevent improper voters from being 
                                registered.
                            (ii) Minority views.--In the case of any 
                        recommendation with respect to which one-third 
                        or more of the Committee does not concur, the 
                        report shall include a justification for why 
                        such members do not concur.
                    (C) Appropriate congressional committees.--For 
                purposes of this paragraph, the term ``appropriate 
                Congressional Committees'' means--
                            (i) the Committee on Rules and 
                        Administration of the Senate;
                            (ii) the Committee on the Judiciary of the 
                        Senate;
                            (iii) the Committee on House Administration 
                        of the House of Representatives; and
                            (iv) the Committee on the Judiciary of the 
                        House of Representatives.
    (e) Commission Personnel Matters.--
            (1) Prohibition on compensation of members.--The members of 
        the Advisory Committee may not receive pay or benefits from the 
        United States Government by reason of their service on the 
        Advisory Committee.
            (2) Staff.--
                    (A) In general.--Each Co-Chairperson of the 
                Advisory Committee may appoint not more than 5 subject 
                matter experts to serve as staff to the Advisory 
                Committee.
                    (B) Compensation.--The Co-Chairpersons of the 
                Advisory Committee may fix the compensation of the 
                staff of the Advisor Committee without regard to 
                chapter 51 and subchapter III of chapter 53 of title 5, 
                United States Code, relating to classification of 
                positions and General Schedule pay rates, except that 
                the rate of pay for the staff may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of that title.
    (f) Termination.--The Advisory Committee shall terminate 90 days 
after the date on which the Advisory Committee submits the report 
required under subsection (d).
    (g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee.

SEC. 4. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN 
              NATIONALS.

    (a) In General.--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. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN 
              NATIONALS.

    ``(a) In General.--Each chief State election official shall 
disclose to the Commission the identity of any foreign national known 
by the chief State election official--
            ``(1) to have physically handled--
                    ``(A) ballots used in an election for Federal 
                office; or
                    ``(B) voting machines; or
            ``(2) to have had unmonitored access to--
                    ``(A) a storage facility or centralized vote 
                tabulation location used to support the administration 
                of an election for public office; or
                    ``(B) election-related information or 
                communications technology, including voter registration 
                databases, voting machines, electronic mail and other 
                communications systems (including electronic mail and 
                other systems of vendors who have entered into 
                contracts with election agencies to support the 
                administration of elections, manage the election 
                process, and report and display election results), and 
                other systems used to manage the election process and 
                to report and display election results on behalf of an 
                election agency.
    ``(b) Timing.--The chief State election official shall make the 
disclosure under subsection (a) not later than 30 days after the date 
on which such official becomes aware of an activity described in such 
subsection.
    ``(c) Foreign National Defined.--The term `foreign national' has 
the meaning given that term in section 319 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121).''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Disclosure of access to election infrastructure by foreign 
                            nationals.''.
                                                       Calendar No. 644

116th CONGRESS

  2d Session

                                S. 5085

_______________________________________________________________________

                                 A BILL

 To amend the Internal Revenue Code of 1986 to increase the additional 
2020 recovery rebates, to repeal section 230 of the Communications Act 
                    of 1934, and for other purposes.

_______________________________________________________________________

                           December 30, 2020

             Read the second time and placed on the calendar