[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2093 Placed on Calendar Senate (PCS)]

<DOC>





                                                        Calendar No. 77
117th CONGRESS
  1st Session
                                S. 2093

To expand Americans' access to the ballot box, reduce the influence of 
big money in politics, strengthen ethics rules for public servants, and 
implement other anti-corruption measures for the purpose of fortifying 
                 our democracy, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2021

 Mr. Merkley (for himself, Ms. Klobuchar, and Mr. Schumer) introduced 
           the following bill; which was read the first time

                             June 17, 2021

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To expand Americans' access to the ballot box, reduce the influence of 
big money in politics, strengthen ethics rules for public servants, and 
implement other anti-corruption measures for the purpose of fortifying 
                 our democracy, 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 ``For the People Act of 2021''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into divisions as follows:
            (1) Division A--Voting.
            (2) Division B--Campaign Finance.
            (3) Division C--Ethics.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
                           DIVISION A--VOTING

                        TITLE I--ELECTION ACCESS

Sec. 1000. Short title; statement of policy.
              Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.
                PART 1--Promoting Internet Registration

Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to 
                            individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information 
                            to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more 
                            than last 4 digits of Social Security 
                            number.
Sec. 1006. Application of rules to certain exempt States.
Sec. 1007. Report on data collection.
Sec. 1008. Permitting voter registration application form to serve as 
                            application for absentee ballot.
Sec. 1009. Effective date.
                  PART 2--Automatic Voter Registration

Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. Voter protection and security in automatic registration.
Sec. 1015. Payments and grants.
Sec. 1016. Treatment of exempt States.
Sec. 1017. Miscellaneous provisions.
Sec. 1018. Definitions.
Sec. 1019. Effective date.
                  PART 3--Same Day Voter Registration

Sec. 1031. Same day registration.
   PART 4--Conditions on Removal on Basis of Interstate Cross-Checks

Sec. 1041. Conditions on removal of registrants from official list of 
                            eligible voters on basis of interstate 
                            cross-checks.
        PART 5--Other Initiatives to Promote Voter Registration

Sec. 1051. Biennial reports on voter registration statistics.
Sec. 1052. Ensuring pre-election registration deadlines are consistent 
                            with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to 
                            remind individuals to update voter 
                            registration.
Sec. 1054. Grants to States for activities to encourage involvement of 
                            minors in election activities.
Sec. 1055. Authorizing the dissemination of voter registration 
                            information displays following 
                            naturalization ceremonies.
Sec. 1056. Requiring states to establish and operate voter privacy 
                            programs.
Sec. 1057. Inclusion of voter registration information with certain 
                            leases and vouchers for federally assisted 
                            rental housing and mortgage applications.
           PART 6--Availability of HAVA Requirements Payments

Sec. 1061. Availability of requirements payments under HAVA to cover 
                            costs of compliance with new requirements.
        PART 7--Prohibiting Interference With Voter Registration

Sec. 1071. Prohibiting hindering, interfering with, or preventing voter 
                            registration.
Sec. 1072. Establishment of best practices.
               PART 8--Voter Registration Efficiency Act

Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in 
                            new State to indicate whether State serves 
                            as residence for voter registration 
                            purposes.
 PART 9--Providing Voter Registration Information to Secondary School 
                                Students

Sec. 1091. Pilot program for providing voter registration information 
                            to secondary school students prior to 
                            graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.
                 PART 10--Voter Registration of Minors

Sec. 1094. Acceptance of voter registration applications from 
                            individuals under 18 years of age.
     Subtitle B--Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter 
                            registration and voting for individuals 
                            with disabilities.
Sec. 1102. Establishment and maintenance of State accessible election 
                            websites.
Sec. 1103. Protections for in-person voting for individuals with 
                            disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure 
                            voting access for individuals with 
                            disabilities.
Sec. 1106. Appointments to EAC Board of Advisors.
Sec. 1107. Funding for protection and advocacy systems.
Sec. 1108. Pilot programs for enabling individuals with disabilities to 
                            register to vote privately and 
                            independently at residences.
Sec. 1109. GAO analysis and report on voting access for individuals 
                            with disabilities.
                  Subtitle C--Prohibiting Voter Caging

Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing 
                            voter caging.
   Subtitle D--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
                   Subtitle E--Democracy Restoration

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.
 Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Ballot marking device cybersecurity requirements.
Sec. 1508. Effective date for new requirements.
                    Subtitle G--Provisional Ballots

Sec. 1601. Requirements for counting provisional ballots; establishment 
                            of uniform and nondiscriminatory standards.
                        Subtitle H--Early Voting

Sec. 1611. Early voting.
                       Subtitle I--Voting by Mail

Sec. 1621. Voting by mail.
Sec. 1622. Balloting materials tracking program.
Sec. 1623. Election mail and delivery improvements.
Sec. 1624. Carriage of election mail.
    Subtitle J--Absent Uniformed Services Voters and Overseas Voters

Sec. 1701. Pre-election reports on availability and transmission of 
                            absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Transmission requirements; repeal of waiver provision.
Sec. 1704. Use of single absentee ballot application for subsequent 
                            elections.
Sec. 1705. Extending guarantee of residency for voting purposes to 
                            family members of absent military 
                            personnel.
Sec. 1706. Technical clarifications to conform to 2009 move act 
                            amendments related to the federal write-in 
                            absentee ballot.
Sec. 1707. Treatment of post card registration requests.
Sec. 1708. Applicability to Commonwealth of the Northern Mariana 
                            Islands.
Sec. 1709. Elimination of 14-day time period between general election 
                            and runoff election for Federal elections 
                            in the Virgin Islands and Guam.
Sec. 1710. Department of justice report on voter disenfranchisement.
Sec. 1711. Effective date.
            Subtitle K--Poll Worker Recruitment and Training

Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
                 Subtitle L--Enhancement of Enforcement

Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
                 Subtitle M--Federal Election Integrity

Sec. 1821. Prohibition on campaign activities by chief State election 
                            administration officials.
  Subtitle N--Promoting Voter Access Through Election Administration 
                              Improvements

                     PART 1--Promoting Voter Access

Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by 
                            polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet 
                            identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Ensuring equitable and efficient operation of polling 
                            places.
Sec. 1906. Requiring States to provide secured drop boxes for voted 
                            ballots in elections for Federal office.
Sec. 1907. Prohibiting States from restricting curbside voting.
Sec. 1908. Prohibiting restrictions on donations of food and beverages 
                            at polling stations.
Sec. 1909. GAO study on voter turnout rates.
            PART 2--Disaster and Emergency Contingency Plans

Sec. 1911. Requirements for Federal election contingency plans in 
                            response to natural disasters and 
                            emergencies.
  PART 3--Improvements in Operation of Election Assistance Commission

Sec. 1921. Reauthorization of Election Assistance Commission.
Sec. 1922. Requiring States to participate in post-general election 
                            surveys.
Sec. 1923. Reports by National Institute of Standards and Technology on 
                            use of funds transferred from Election 
                            Assistance Commission.
Sec. 1924. Recommendations to improve operations of Election Assistance 
                            Commission.
Sec. 1925. Repeal of exemption of Election Assistance Commission from 
                            certain government contracting 
                            requirements.
                    PART 4--Miscellaneous Provisions

Sec. 1931. Application of laws to Commonwealth of Northern Mariana 
                            Islands.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Clarification of exemption for States which do not collect 
                            telephone information.
Sec. 1934. No effect on other laws.
Sec. 1935. Clarification of exemption for States without voter 
                            registration.
         Subtitle O--Increased Protections for Election Workers

Sec. 1941. Harassment of election workers prohibited.
Sec. 1942. Protection of election workers.
                        Subtitle P--Severability

Sec. 1951. Severability.
                      TITLE II--ELECTION INTEGRITY

Subtitle A--Findings Reaffirming the Commitment of Congress to Restore 
                     the Voting Rights Act of 1965

Sec. 2001. Findings reaffirming commitment of Congress to restore the 
                            Voting Rights Act.
     Subtitle B--Findings Relating to Native American Voting Rights

Sec. 2101. Findings relating to Native American voting rights.
    Subtitle C--Findings Relating to District of Columbia Statehood

Sec. 2201. Findings relating to District of Columbia statehood.
                 Subtitle D--Territorial Voting Rights

Sec. 2301. Findings relating to territorial voting rights.
Sec. 2302. Congressional Task Force on Voting Rights of United States 
                            Citizen Residents of Territories of the 
                            United States.
                    Subtitle E--Redistricting Reform

Sec. 2400. Short title; finding of constitutional authority.
          PART 1--Requirements for Congressional Redistricting

Sec. 2401. Requiring congressional redistricting to be conducted 
                            through plan of independent State 
                            commission.
Sec. 2402. Ban on mid-decade redistricting.
Sec. 2403. Criteria for redistricting.
             PART 2--Independent Redistricting Commissions

Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to 
                            serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent 
                            redistricting commissions.
      PART 3--Role of Courts in Development of Redistricting Plans

Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of 
                            Federal court.
          PART 4--Administrative and Miscellaneous Provisions

Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
  PART 5--Requirements for Redistricting Carried Out Pursuant to 2020 
                                 Census

   subpart a--application of certain requirements for redistricting 
                  carried out pursuant to 2020 census

Sec. 2441. Application of certain requirements for redistricting 
                            carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.
  subpart b--independent redistricting commissions for redistricting 
                  carried out pursuant to 2020 census

Sec. 2451. Use of independent redistricting commissions for 
                            redistricting carried out pursuant to 2020 
                            Census.
Sec. 2452. Establishment of selection pool of individuals eligible to 
                            serve as members of commission.
Sec. 2453. Criteria for redistricting plan; public notice and input.
Sec. 2454. Establishment of related entities.
Sec. 2455. Report on diversity of memberships of independent 
                            redistricting commissions.
         Subtitle F--Saving Eligible Voters From Voter Purging

Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered 
                            voters.
    Subtitle G--No Effect on Authority of States to Provide Greater 
                        Opportunities for Voting

Sec. 2601. No effect on authority of States to provide greater 
                            opportunities for voting.
           Subtitle H--Residence of Incarcerated Individuals

Sec. 2701. Residence of incarcerated individuals.
             Subtitle I--Findings Relating to Youth Voting

Sec. 2801. Findings relating to youth voting.
                        Subtitle J--Severability

Sec. 2901. Severability.
                      TITLE III--ELECTION SECURITY

Sec. 3000. Short title; sense of Congress.
       Subtitle A--Financial Support for Election Infrastructure

           PART 1--Voting System Security Improvement Grants

Sec. 3001. Grants for obtaining compliant paper ballot voting systems 
                            and carrying out voting system security 
                            improvements.
Sec. 3002. Coordination of voting system security activities with use 
                            of requirements payments and election 
                            administration requirements under Help 
                            America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
                PART 2--Post-election Audit Requirement

Sec. 3011. Post-election audit requirement.
Sec. 3012. GAO analysis of effects of audits.
        PART 3--Election Infrastructure Innovation Grant Program

Sec. 3021. Election infrastructure innovation grant program.
                     Subtitle B--Security Measures

Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Sec. 3106. Pre-election threat assessments.
    Subtitle C--Enhancing Protections for United States Democratic 
                              Institutions

Sec. 3201. National strategy to protect United States democratic 
                            institutions.
Sec. 3202. National Commission to Protect United States Democratic 
                            Institutions.
 Subtitle D--Promoting Cybersecurity Through Improvements in Election 
                             Administration

Sec. 3301. Election cybersecurity.
Sec. 3302. Guidelines and certification for electronic poll books and 
                            remote ballot marking systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
                Subtitle E--Preventing Election Hacking

Sec. 3401. Short title.
Sec. 3402. Election security bug bounty program.
        Subtitle F--Election Security Grants Advisory Committee

Sec. 3501. Establishment of advisory committee.
                  Subtitle G--Miscellaneous Provisions

Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for 
                            implementation.
  Subtitle H--Use of Voting Machines Manufactured in the United States

Sec. 3701. Use of voting machines manufactured in the United States.
                        Subtitle I--Severability

Sec. 3801. Severability.
                      DIVISION B--CAMPAIGN FINANCE

                TITLE IV--CAMPAIGN FINANCE TRANSPARENCY

 Subtitle A--Establishing Duty to Report Foreign Election Interference

Sec. 4001. Findings relating to illicit money undermining our 
                            democracy.
Sec. 4002. Federal campaign reporting of foreign contacts.
Sec. 4003. Federal campaign foreign contact reporting compliance 
                            system.
Sec. 4004. Criminal penalties.
Sec. 4005. Report to congressional intelligence committees.
Sec. 4006. Rule of construction.
                        Subtitle B--DISCLOSE Act

Sec. 4100. Short title.
  PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in 
                               Elections

Sec. 4101. Clarification of prohibition on participation by foreign 
                            nationals in election-related activities.
Sec. 4102. Clarification of application of foreign money ban to certain 
                            disbursements and activities.
Sec. 4103. Audit and report on illicit foreign money in Federal 
                            elections.
Sec. 4104. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
Sec. 4105. Disbursements and activities subject to foreign money ban.
Sec. 4106. Prohibiting establishment of corporation to conceal election 
                            contributions and donations by foreign 
                            nationals.
          PART 2--Reporting of Campaign-Related Disbursements

Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for 
                            campaign-related disbursements consisting 
                            of covered transfers.
Sec. 4113. Effective date.
                  PART 3--Other Administrative Reforms

Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
                         Subtitle C--Honest Ads

Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online 
                            communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent 
                            expenditures, and disbursements for 
                            electioneering communications by foreign 
                            nationals in the form of online 
                            advertising.
Sec. 4210. Requiring online platforms to display notices identifying 
                            sponsors of political advertisements and to 
                            ensure notices continue to be present when 
                            advertisements are shared.
                     Subtitle D--Stand By Every Ad

Sec. 4301. Short title.
Sec. 4302. Stand By Every Ad.
Sec. 4303. Disclaimer requirements for communications made through 
                            prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements 
                            on internet communications.
Sec. 4305. Effective date.
        Subtitle E--Deterring Foreign Interference in Elections

     PART 1--Deterrence Under Federal Election Campaign Act of 1971

Sec. 4401. Restrictions on exchange of campaign information between 
                            candidates and foreign powers.
Sec. 4402. Clarification of standard for determining existence of 
                            coordination between campaigns and outside 
                            interests.
Sec. 4403. Prohibition on provision of substantial assistance relating 
                            to contribution or donation by foreign 
                            nationals.
Sec. 4404. Clarification of application of foreign money ban.
    PART 2--Notifying States of Disinformation Campaigns by Foreign 
                               Nationals

Sec. 4411. Notifying States of disinformation campaigns by foreign 
                            nationals.
       PART 3--Prohibiting Use of Deepfakes in Election Campaigns

Sec. 4421. Prohibition on distribution of materially deceptive audio or 
                            visual media prior to election.
PART 4--Assessment of Exemption of Registration Requirements Under FARA 
                        for Registered Lobbyists

Sec. 4431. Assessment of exemption of registration requirements under 
                            FARA for registered lobbyists.
                 Subtitle F--Secret Money Transparency

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue 
                            Service to bring transparency to political 
                            activity of certain nonprofit 
                            organizations.
                 Subtitle G--Shareholder Right-to-Know

Sec. 4601. Repeal of restriction on use of funds by Securities and 
                            Exchange Commission to ensure shareholders 
                            of corporations have knowledge of 
                            corporation political activity.
Sec. 4602. Shareholder approval of corporate political activity.
 Subtitle H--Disclosure of Political Spending by Government Contractors

Sec. 4701. Repeal of restriction on use of funds to require disclosure 
                            of political spending by government 
                            contractors.
  Subtitle I--Limitation and Disclosure Requirements for Presidential 
                          Inaugural Committees

Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and 
                            disbursements by, Inaugural Committees.
                  Subtitle J--Miscellaneous Provisions

Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.
                 TITLE V--CAMPAIGN FINANCE EMPOWERMENT

       Subtitle A--Findings Relating to Citizens United Decision

Sec. 5001. Findings relating to Citizens United decision.
                      Subtitle B--Senate Elections

Sec. 5100. Short title.
                 PART 1--Small Donor Incentive Programs

Sec. 5101. Sense of the Senate regarding small donor incentive 
                            programs.
      PART 2--Small Dollar Financing of Senate Election Campaigns

Sec. 5111. Eligibility requirements and benefits of fair elections 
                            financing of Senate election campaigns.
Sec. 5112. Prohibition on joint fundraising committees.
Sec. 5113. Exception to limitation on coordinated expenditures by 
                            political party committees with 
                            participating candidates.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
      PART 3--Responsibilities of the Federal Election Commission

Sec. 5121. Petition for certiorari.
Sec. 5122. Electronic filing of FEC reports.
                    PART 4--Miscellaneous Provisions

Sec. 5131. Severability.
                   Subtitle C--Presidential Elections

Sec. 5200. Short title.
                       PART 1--Primary Elections

Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential 
                            primary candidates.
                       PART 2--General Elections

Sec. 5211. Modification of eligibility requirements for public 
                            financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified 
                            campaign contributions.
Sec. 5213. Matching payments and other modifications to payment 
                            amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Use of general election payments for general election legal 
                            and accounting compliance.
                         PART 3--Effective Date

Sec. 5221. Effective date.
 Subtitle D--Personal Use Services as Authorized Campaign Expenditures

Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use 
                            services as authorized campaign 
                            expenditure.
             Subtitle E--Empowering Small Dollar Donations

Sec. 5401. Permitting political party committees to provide enhanced 
                            support for candidates through use of 
                            separate small dollar accounts.
                        Subtitle F--Severability

Sec. 5501. Severability.
                  TITLE VI--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Restoring Integrity to America's Elections

Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election 
                            Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory 
                            opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in 
                            Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Extension of the statutes of limitations for offenses under 
                            the Federal Election Campaign Act of 1971.
Sec. 6011. Effective date; transition.
         Subtitle B--Stopping Super PAC-Candidate Coordination

Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as 
                            contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by 
                            Federal candidates and officeholders.
           Subtitle C--Disposal of Contributions or Donations

Sec. 6201. Timeframe for and prioritization of disposal of 
                            contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of 
                                Election

Sec. 6301. Recommendations to ensure filing of reports before date of 
                            election.
                        Subtitle E--Severability

Sec. 6401. Severability.
                           DIVISION C--ETHICS

                      TITLE VII--ETHICAL STANDARDS

                    Subtitle A--Supreme Court Ethics

Sec. 7001. Code of conduct for Federal judges.
                Subtitle B--Foreign Agents Registration

Sec. 7101. Establishment of FARA investigation and enforcement unit 
                            within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial 
                            value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
                 Subtitle C--Lobbying Disclosure Reform

Sec. 7201. Expanding scope of individuals and activities subject to 
                            requirements of Lobbying Disclosure Act of 
                            1995.
Sec. 7202. Requiring lobbyists to disclose status as lobbyists upon 
                            making any lobbying contacts.
             Subtitle D--Recusal of Presidential Appointees

Sec. 7301. Recusal of appointees.
           Subtitle E--Clearinghouse on Lobbying Information

Sec. 7401. Establishment of clearinghouse.
                      Subtitle F--Foreign Lobbying

Sec. 7501. Prohibition on foreign lobbying.
                        Subtitle G--Severability

Sec. 7601. Severability.
   TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND 
                     FEDERAL OFFICERS AND EMPLOYEES

           Subtitle A--Executive Branch Conflict of Interest

Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government 
                            service.
Sec. 8003. Requirements relating to slowing revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment 
                            from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the 
                            private sector.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at 
                            businesses owned by certain Government 
                            officers and employees.
             Subtitle B--Presidential Conflicts of Interest

Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President 
                            and Vice President that pose a potential 
                            conflict of interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal Defense Funds.
              Subtitle C--White House Ethics Transparency

Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics 
                            requirements.
            Subtitle D--Executive Branch Ethics Enforcement

Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency ethics officials training and duties.
Sec. 8036. Prohibition on use of funds for certain Federal employee 
                            travel in contravention of certain 
                            regulations.
Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.
            Subtitle E--Conflicts From Political Fundraising

Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
                   Subtitle F--Transition Team Ethics

Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
    Subtitle G--Ethics Pledge for Senior Executive Branch Employees

Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch 
                            employees.
 Subtitle H--Travel on Private Aircraft by Senior Political Appointees

Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.
                        Subtitle I--Severability

Sec. 8081. Severability.
                 TITLE IX--CONGRESSIONAL ETHICS REFORM

  Subtitle A--Requiring Members of Congress To Reimburse Treasury for 
      Amounts Paid as Settlements and Awards Under Congressional 
                       Accountability Act of 1995

Sec. 9001. Requiring Members of Congress to reimburse Treasury for 
                            amounts paid as settlements and awards 
                            under Congressional Accountability Act of 
                            1995 in all cases of employment 
                            discrimination acts by Members.
                   Subtitle B--Conflicts of Interests

Sec. 9101. Prohibiting Members of House of Representatives from serving 
                            on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and 
                            congressional staff.
Sec. 9103. Exercise of rulemaking powers.
          Subtitle C--Campaign Finance and Lobbying Disclosure

Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal 
                            Election Commission of persons who are 
                            registered lobbyists.
Sec. 9203. Effective date.
         Subtitle D--Access to Congressionally Mandated Reports

Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated 
                            reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Rules of construction; inspectors general.
Sec. 9307. Implementation.
  Subtitle E--Reports on Outside Compensation Earned by Congressional 
                               Employees

Sec. 9401. Reports on outside compensation earned by Congressional 
                            employees.
                        Subtitle F--Severability

Sec. 9501. Severability.
      TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 10001. Presidential and Vice Presidential tax transparency.

SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.

    Congress finds that the Constitution of the United States grants 
explicit and broad authority to protect the right to vote, to regulate 
elections for Federal office, to prevent and remedy discrimination in 
voting, and to defend the Nation's democratic process. Congress enacts 
the ``For the People Act of 2021'' pursuant to this broad authority, 
including but not limited to the following:
            (1) Congress finds that it has broad authority to regulate 
        the time, place, and manner of congressional elections under 
        the Elections Clause of the Constitution, article I, section 4, 
        clause 1. The Supreme Court has affirmed that the ``substantive 
        scope'' of the Elections Clause is ``broad''; that ``Times, 
        Places, and Manner'' are ``comprehensive words which embrace 
        authority to provide for a complete code for congressional 
        elections''; and ``[t]he power of Congress over the Times, 
        Places and Manner of congressional elections is paramount, and 
        may be exercised at any time, and to any extent which it deems 
        expedient; and so far as it is exercised, and no farther, the 
        regulations effected supersede those of the State which are 
        inconsistent therewith''. Arizona v. Inter Tribal Council of 
        Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and 
        citations omitted). Indeed, ``Congress has plenary and 
        paramount jurisdiction over the whole subject'' of 
        congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 
        371, 388 (1879), and this power ``may be exercised as and when 
        Congress sees fit'', and ``so far as it extends and conflicts 
        with the regulations of the State, necessarily supersedes 
        them''. Id. At 384. Among other things, Congress finds that the 
        Elections Clause was intended to ``vindicate the people's right 
        to equality of representation in the House''. Wesberry v. 
        Sanders, 376 U.S. 1, 16 (1964), and to address partisan 
        gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019).
            (2) Congress also finds that it has both the authority and 
        responsibility, as the legislative body for the United States, 
        to fulfill the promise of article IV, section 4, of the 
        Constitution, which states: ``The United States shall guarantee 
        to every State in this Union a Republican Form of 
        Government[.]''. Congress finds that its authority and 
        responsibility to enforce the Guarantee Clause is particularly 
        strong given that Federal courts have not enforced this clause 
        because they understood that its enforcement is committed to 
        Congress by the Constitution.
            (3)(A) Congress also finds that it has broad authority 
        pursuant to section 5 of the Fourteenth Amendment to legislate 
        to enforce the provisions of the Fourteenth Amendment, 
        including its protections of the right to vote and the 
        democratic process.
            (B) Section 1 of the Fourteenth Amendment protects the 
        fundamental right to vote, which is ``of the most fundamental 
        significance under our constitutional structure''. Ill. Bd. of 
        Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); 
        see United States v. Classic, 313 U.S. 299 (1941) (``Obviously 
        included within the right to choose, secured by the 
        Constitution, is the right of qualified voters within a state 
        to cast their ballots and have them counted . . .''). As the 
        Supreme Court has repeatedly affirmed, the right to vote is 
        ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 
        356, 370 (1886). Section 2 of the Fourteenth Amendment also 
        protects the right to vote, granting Congress additional 
        authority to reduce a State's representation in Congress when 
        the right to vote is abridged or denied.
            (C) As a result, Congress finds that it has the authority 
        pursuant to section 5 of the Fourteenth Amendment to protect 
        the right to vote. Congress also finds that States and 
        localities have eroded access to the right to vote through 
        restrictions on the right to vote including excessively onerous 
        voter identification requirements, burdensome voter 
        registration procedures, voter purges, limited and unequal 
        access to voting by mail, polling place closures, unequal 
        distribution of election resources, and other impediments.
            (D) Congress also finds that ``the right of suffrage can be 
        denied by a debasement or dilution of the weight of a citizen's 
        vote just as effectively as by wholly prohibiting the free 
        exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533, 
        555 (1964). Congress finds that the right of suffrage has been 
        so diluted and debased by means of gerrymandering of districts. 
        Congress finds that it has authority pursuant to section 5 of 
        the Fourteenth Amendment to remedy this debasement.
            (4)(A) Congress also finds that it has authority to 
        legislate to eliminate racial discrimination in voting and the 
        democratic process pursuant to both section 5 of the Fourteenth 
        Amendment, which grants equal protection of the laws, and 
        section 2 of the Fifteenth Amendment, which explicitly bars 
        denial or abridgment of the right to vote on account of race, 
        color, or previous condition of servitude.
            (B) Congress finds that racial discrimination in access to 
        voting and the political process persists. Voting restrictions, 
        redistricting, and other electoral practices and processes 
        continue to disproportionately impact communities of color in 
        the United States and do so as a result of both intentional 
        racial discrimination, structural racism, and the ongoing 
        structural socioeconomic effects of historical racial 
        discrimination.
            (C) Recent elections and studies have shown that minority 
        communities wait longer in lines to vote, are more likely to 
        have their mail ballots rejected, continue to face intimidation 
        at the polls, are more likely to be disenfranchised by voter 
        purges, and are disproportionately burdened by voter 
        identification and other voter restrictions. Research shows 
        that communities of color are more likely to face nearly every 
        barrier to voting than their white counterparts.
            (D) Congress finds that racial disparities in 
        disenfranchisement due to past felony convictions is 
        particularly stark. In 2020, according to the Sentencing 
        Project, an estimated 5,200,000 Americans could not vote due to 
        a felony conviction. One in 16 African Americans of voting age 
        is disenfranchised, a rate 3.7 times greater than that of non-
        African Americans. In seven States--Alabama, Florida, Kentucky, 
        Mississippi, Tennessee, Virginia, and Wyoming--more than one in 
        seven African Americans is disenfranchised, twice the national 
        average for African Americans. Congress finds that felony 
        disenfranchisement was one of the tools of intentional racial 
        discrimination during the Jim Crow era. Congress further finds 
        that current racial disparities in felony disenfranchisement 
        are linked to this history of voter suppression, structural 
        racism in the criminal justice system, and ongoing effects of 
        historical discrimination.
            (5)(A) Congress finds that it further has the power to 
        protect the right to vote from denial or abridgment on account 
        of sex, age, or ability to pay a poll tax or other tax pursuant 
        to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.
            (B) Congress finds that electoral practices including 
        voting rights restoration conditions for people with 
        convictions, voter identification requirements, and other 
        restrictions to the franchise burden voters on account of their 
        ability to pay.
            (C) Congress further finds that electoral practices 
        including voting restrictions related to college campuses, age 
        restrictions on mail voting, and similar practices burden the 
        right to vote on account of age.

SEC. 4. STANDARDS FOR JUDICIAL REVIEW.

    (a) In General.--For any action brought for declaratory or 
injunctive relief to challenge, whether facially or as-applied, the 
constitutionality or lawfulness of any provision of this Act or any 
amendment made by this Act or any rule or regulation promulgated under 
this Act, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and an appeal from the 
        decision of the district court may be taken to the Court of 
        Appeals for the District of Columbia Circuit. These courts, and 
        the Supreme Court of the United States on a writ of certiorari 
        (if such writ is issued), shall have exclusive jurisdiction to 
        hear such actions.
            (2) The party filing the action shall concurrently deliver 
        a copy the complaint to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            (3) It shall be the duty of the United States District 
        Court for the District of Columbia and the Court of Appeals for 
        the District of Columbia Circuit to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (b) Clarifying Scope of Jurisdiction.--If an action at the time of 
its commencement is not subject to subsection (a), but an amendment, 
counterclaim, cross-claim, affirmative defense, or any other pleading 
or motion is filed challenging, whether facially or as-applied, the 
constitutionality or lawfulness of this Act or any amendment made by 
this Act or any rule or regulation promulgated under this Act, the 
district court shall transfer the action to the District Court for the 
District of Columbia, and the action shall thereafter be conducted 
pursuant to subsection (a).
    (c) Intervention by Members of Congress.--In any action described 
in subsection (a), any Member of the House of Representatives 
(including a Delegate or Resident Commissioner to the Congress) or 
Senate shall have the right to intervene either in support of or 
opposition to the position of a party to the case regarding the 
constitutionality of the provision. To avoid duplication of efforts and 
reduce the burdens placed on the parties to the action, the court in 
any such action may make such orders as it considers necessary, 
including orders to require interveners taking similar positions to 
file joint papers or to be represented by a single attorney at oral 
argument.

                           DIVISION A--VOTING

                        TITLE I--ELECTION ACCESS

SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.

    (a) Short Title.--This title may be cited as the ``Voter 
Empowerment Act of 2021''.
    (b) Statement of Policy.--It is the policy of the United States 
that--
            (1) the ability of all eligible citizens of the United 
        States to access and exercise their constitutional right to 
        vote in a free, fair, and timely manner must be vigilantly 
        enhanced, protected, and maintained; and
            (2) the integrity, security, and accountability of the 
        voting process must be vigilantly protected, maintained, and 
        enhanced in order to protect and preserve electoral and 
        participatory democracy in the United States.

              Subtitle A--Voter Registration Modernization

SEC. 1000A. SHORT TITLE.

    This subtitle may be cited as the ``Voter Registration 
Modernization Act of 2021''.

                PART 1--PROMOTING INTERNET REGISTRATION

SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 6 the following new section:

``SEC. 6A. INTERNET REGISTRATION.

    ``(a) Requiring Availability of Internet for Online Registration.--
Each State, acting through the chief State election official, shall 
ensure that the following services are available to the public at any 
time on the official public websites of the appropriate State and local 
election officials in the State, in the same manner and subject to the 
same terms and conditions as the services provided by voter 
registration agencies under section 7(a):
            ``(1) Online application for voter registration.
            ``(2) Online assistance to applicants in applying to 
        register to vote.
            ``(3) Online completion and submission by applicants of the 
        mail voter registration application form prescribed by the 
        Election Assistance Commission pursuant to section 9(a)(2), 
        including assistance with providing a signature as required 
        under subsection (c).
            ``(4) Online receipt of completed voter registration 
        applications.
    ``(b) Acceptance of Completed Applications.--A State shall accept 
an online voter registration application provided by an individual 
under this section, and ensure that the individual is registered to 
vote in the State, if--
            ``(1) the individual meets the same voter registration 
        requirements applicable to individuals who register to vote by 
        mail in accordance with section 6(a)(1) using the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2); and
            ``(2) the individual meets the requirements of subsection 
        (c) to provide a signature in electronic form (but only in the 
        case of applications submitted during or after the second year 
        in which this section is in effect in the State).
    ``(c) Signature Requirements.--
            ``(1) In general.--For purposes of this section, an 
        individual meets the requirements of this subsection as 
        follows:
                    ``(A) In the case of an individual who has a 
                signature on file with a State agency, including the 
                State motor vehicle authority, that is required to 
                provide voter registration services under this Act or 
                any other law, the individual consents to the transfer 
                of that electronic signature.
                    ``(B) If subparagraph (A) does not apply, the 
                individual submits with the application an electronic 
                copy of the individual's handwritten signature through 
                electronic means.
                    ``(C) If subparagraph (A) and subparagraph (B) do 
                not apply, the individual executes a computerized mark 
                in the signature field on an online voter registration 
                application, in accordance with reasonable security 
                measures established by the State, but only if the 
                State accepts such mark from the individual.
            ``(2) Treatment of individuals unable to meet 
        requirement.--If an individual is unable to meet the 
        requirements of paragraph (1), the State shall--
                    ``(A) permit the individual to complete all other 
                elements of the online voter registration application;
                    ``(B) permit the individual to provide a signature 
                at the time the individual requests a ballot in an 
                election (whether the individual requests the ballot at 
                a polling place or requests the ballot by mail); and
                    ``(C) if the individual carries out the steps 
                described in subparagraph (A) and subparagraph (B), 
                ensure that the individual is registered to vote in the 
                State.
            ``(3) Notice.--The State shall ensure that individuals 
        applying to register to vote online are notified of the 
        requirements of paragraph (1) and of the treatment of 
        individuals unable to meet such requirements, as described in 
        paragraph (2).
    ``(d) Confirmation and Disposition.--
            ``(1) Confirmation of receipt.--
                    ``(A) In general.--Upon the online submission of a 
                completed voter registration application by an 
                individual under this section, the appropriate State or 
                local election official shall provide the individual a 
                notice confirming the State's receipt of the 
                application and providing instructions on how the 
                individual may check the status of the application.
                    ``(B) Method of notification.--The appropriate 
                State or local election official shall provide the 
                notice required under subparagraph (A) though the 
                online submission process and--
                            ``(i) in the case of an individual who has 
                        provided the official with an electronic mail 
                        address, by electronic mail; and
                            ``(ii) at the option of the individual, by 
                        text message.
            ``(2) Notice of disposition.--
                    ``(A) In general.--Not later than 7 days after the 
                appropriate State or local election official has 
                approved or rejected an application submitted by an 
                individual under this section, the official shall 
                provide the individual a notice of the disposition of 
                the application.
                    ``(B) Method of notification.--The appropriate 
                State or local election official shall provide the 
                notice required under subparagraph (A) by regular mail 
                and--
                            ``(i) in the case of an individual who has 
                        provided the official with an electronic mail 
                        address, by electronic mail; and
                            ``(ii) at the option of the individual, by 
                        text message.
    ``(e) Provision of Services in Nonpartisan Manner.--The services 
made available under subsection (a) shall be provided in a manner that 
ensures that--
            ``(1) the online application does not seek to influence an 
        applicant's political preference or party registration; and
            ``(2) there is no display on the website promoting any 
        political preference or party allegiance, except that nothing 
        in this paragraph may be construed to prohibit an applicant 
        from registering to vote as a member of a political party.
    ``(f) Protection of Security of Information.--In meeting the 
requirements of this section, the State shall establish appropriate 
technological security measures to prevent to the greatest extent 
practicable any unauthorized access to information provided by 
individuals using the services made available under subsection (a).
    ``(g) Accessibility of Services.--A state shall ensure that the 
services made available under this section are made available to 
individuals with disabilities to the same extent as services are made 
available to all other individuals.
    ``(h) Nondiscrimination Among Registered Voters Using Mail and 
Online Registration.--In carrying out this Act, the Help America Vote 
Act of 2002, or any other Federal, State, or local law governing the 
treatment of registered voters in the State or the administration of 
elections for public office in the State, a State shall treat a 
registered voter who registered to vote online in accordance with this 
section in the same manner as the State treats a registered voter who 
registered to vote by mail.''.
    (b) Special Requirements for Individuals Using Online 
Registration.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 
        U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and 
        inserting ``by mail or online under section 6A of the National 
        Voter Registration Act of 1993''.
            (2) Requiring signature for first-time voters in 
        jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) 
        is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (6); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Signature requirements for first-time voters using 
        online registration.--
                    ``(A) In general.--A State shall, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual registered to vote in 
                        the State online under section 6A of the 
                        National Voter Registration Act of 1993; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (52 U.S.C. 20302 et seq.);
                            ``(ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); 
                        or
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is 
        amended by striking ``Each State'' and inserting ``Except as 
        provided in subsection (b)(5), each State''.
    (c) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) 
        is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) in the case of online registration through 
                the official public website of an election official 
                under section 6A, if the valid voter registration 
                application is submitted online not later than the 
                lesser of 28 days, or the period provided by State law, 
                before the date of the election (as determined by 
                treating the date on which the application is sent 
                electronically as the date on which it is submitted); 
                and''.
            (2) Informing applicants of eligibility requirements and 
        penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) 
        is amended by striking ``and 7'' and inserting ``6A, and 7''.

SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

    (a) In General.--
            (1) Updates to information contained on computerized 
        statewide voter registration list.--Section 303(a) of the Help 
        America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by 
        adding at the end the following new paragraph:
            ``(6) Use of internet by registered voters to update 
        information.--
                    ``(A) In general.--The appropriate State or local 
                election official shall ensure that any registered 
                voter on the computerized list may at any time update 
                the voter's registration information, including the 
                voter's address and electronic mail address, online 
                through the official public website of the election 
                official responsible for the maintenance of the list, 
                so long as the voter attests to the contents of the 
                update by providing a signature in electronic form in 
                the same manner required under section 6A(c) of the 
                National Voter Registration Act of 1993.
                    ``(B) Processing of updated information by election 
                officials.--If a registered voter updates registration 
                information under subparagraph (A), the appropriate 
                State or local election official shall--
                            ``(i) revise any information on the 
                        computerized list to reflect the update made by 
                        the voter; and
                            ``(ii) if the updated registration 
                        information affects the voter's eligibility to 
                        vote in an election for Federal office, ensure 
                        that the information is processed with respect 
                        to the election if the voter updates the 
                        information not later than the lesser of 7 
                        days, or the period provided by State law, 
                        before the date of the election.
                    ``(C) Confirmation and disposition.--
                            ``(i) Confirmation of receipt.--Upon the 
                        online submission of updated registration 
                        information by an individual under this 
                        paragraph, the appropriate State or local 
                        election official shall send the individual a 
                        notice confirming the State's receipt of the 
                        updated information and providing instructions 
                        on how the individual may check the status of 
                        the update.
                            ``(ii) Notice of disposition.--Not later 
                        than 7 days after the appropriate State or 
                        local election official has accepted or 
                        rejected updated information submitted by an 
                        individual under this paragraph, the official 
                        shall send the individual a notice of the 
                        disposition of the update.
                            ``(iii) Method of notification.--The 
                        appropriate State or local election official 
                        shall send the notices required under this 
                        subparagraph by regular mail and--
                                    ``(I) in the case of an individual 
                                who has requested that the State 
                                provide voter registration and voting 
                                information through electronic mail, by 
                                electronic mail; and
                                    ``(II) at the option of the 
                                individual, by text message.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is 
        amended by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (B) and subsection (a)(6)''.
    (b) Ability of Registrant To Use Online Update To Provide 
Information on Residence.--Section 8(d)(2)(A) of the National Voter 
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
            (1) in the first sentence, by inserting after ``return the 
        card'' the following: ``or update the registrant's information 
        on the computerized Statewide voter registration list using the 
        online method provided under section 303(a)(6) of the Help 
        America Vote Act of 2002''; and
            (2) in the second sentence, by striking ``returned,'' and 
        inserting the following: ``returned or if the registrant does 
        not update the registrant's information on the computerized 
        Statewide voter registration list using such online method,''.

SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO 
              INDIVIDUALS REGISTERED TO VOTE.

    (a) Including Option on Voter Registration Application To Provide 
E-Mail Address and Receive Information.--
            (1) In general.--Section 9(b) of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) shall include a space for the applicant to provide 
        (at the applicant's option) an electronic mail address, 
        together with a statement that, if the applicant so requests, 
        instead of using regular mail the appropriate State and local 
        election officials shall provide to the applicant, through 
        electronic mail sent to that address, the same voting 
        information (as defined in section 302(b)(2) of the Help 
        America Vote Act of 2002) which the officials would provide to 
        the applicant through regular mail.''.
            (2) Prohibiting use for purposes unrelated to official 
        duties of election officials.--Section 9 of such Act (52 U.S.C. 
        20508) is amended by adding at the end the following new 
        subsection:
    ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than 
Official Purposes.--The chief State election official shall ensure that 
any electronic mail address provided by an applicant under subsection 
(b)(5) is used only for purposes of carrying out official duties of 
election officials and is not transmitted by any State or local 
election official (or any agent of such an official, including a 
contractor) to any person who does not require the address to carry out 
such official duties and who is not under the direct supervision and 
control of a State or local election official.''.
    (b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 
21082(b)) is amended by adding at the end the following new paragraph:
            ``(3) Provision of other information by electronic mail.--
        If an individual who is a registered voter has provided the 
        State or local election official with an electronic mail 
        address for the purpose of receiving voting information (as 
        described in section 9(b)(5) of the National Voter Registration 
        Act of 1993), the appropriate State or local election official, 
        through electronic mail transmitted not later than 7 days 
        before the date of the election for Federal office involved, 
        shall provide the individual with information on how to obtain 
        the following information by electronic means:
                    ``(A)(i) If the individual is assigned to vote in 
                the election at a specific polling place--
                            ``(I) the name and address of the polling 
                        place; and
                            ``(II) the hours of operation for the 
                        polling place.
                    ``(ii) If the individual is not assigned to vote in 
                the election at a specific polling place--
                            ``(I) the name and address of locations at 
                        which the individual is eligible to vote; and
                            ``(II) the hours of operation for those 
                        locations.
                    ``(B) A description of any identification or other 
                information the individual may be required to present 
                at the polling place or a location described in 
                subparagraph (A)(ii)(I) to vote in the election.''.

SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION 
              TO SHOW ELIGIBILITY TO VOTE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Requirement for State To Register Applicants Providing 
Necessary Information To Show Eligibility To Vote.--For purposes 
meeting the requirement of subsection (a)(1) that an eligible applicant 
is registered to vote in an election for Federal office within the 
deadlines required under such subsection, the State shall consider an 
applicant to have provided a `valid voter registration form' if--
            ``(1) the applicant has substantially completed the 
        application form and attested to the statement required by 
        section 9(b)(2); and
            ``(2) in the case of an applicant who registers to vote 
        online in accordance with section 6A, the applicant provides a 
        signature in accordance with subsection (c) of such section.''.

SEC. 1005. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE 
              THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER.

    (a) Form Included With Application for Motor Vehicle Driver's 
License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the 
semicolon at the end and inserting the following: ``, and to the extent 
that the application requires the applicant to provide a Social 
Security number, may not require the applicant to provide more than the 
last 4 digits of such number;''.
    (b) National Mail Voter Registration Form.--Section 9(b)(1) of such 
Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the 
end and inserting the following: ``, and to the extent that the form 
requires the applicant to provide a Social Security number, the form 
may not require the applicant to provide more than the last 4 digits of 
such number;''.

SEC. 1006. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.

    Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 
20503) is amended by adding at the end the following new subsection:
    ``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions shall apply to 
a State described in paragraph (2) thereof:
            ``(1) Section 6A (as added by section 1001(a) of the Voter 
        Registration Modernization Act of 2021).
            ``(2) Section 8(a)(1)(D) (as added by section 1001(c)(1) of 
        the Voter Registration Modernization Act of 2021).
            ``(3) Section 8(a)(5) (as amended by section 1001(c)(2) of 
        Voter Registration Modernization Act of 2021), but only to the 
        extent such provision relates to section 6A.
            ``(4) Section 8(j) (as added by section 1004 of the Voter 
        Registration Modernization Act of 2021), but only to the extent 
        such provision relates to section 6A.''.

SEC. 1007. REPORT ON DATA COLLECTION.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on local, State, and 
Federal personally identifiable information data collections efforts, 
the cyber security resources necessary to defend such efforts from 
online attacks, and the impact of a potential data breach of local, 
State, or Federal online voter registration systems.

SEC. 1008. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS 
              APPLICATION FOR ABSENTEE BALLOT.

    Section 5(c)(2) of the National Voter Registration Act of 1993 (52 
U.S.C. 20504(c)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) at the option of the applicant, shall serve 
                as an application to vote by absentee ballot in the 
                next election for Federal office held in the State and 
                in each subsequent election for Federal office held in 
                the State.''.

SEC. 1009. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this part (other than the amendments made by section 
1004) shall take effect January 1, 2022.
    (b) Waiver.--If a State certifies to the Election Assistance 
Commission not later than January 1, 2022, that the State will not meet 
the deadline described in subsection (a) because it would be 
impracticable to do so and includes in the certification the reasons 
for the failure to meet such deadline, subsection (a) shall apply to 
the State as if the reference in such subsection to ``January 1, 2022'' 
were a reference to ``January 1, 2024''.

                  PART 2--AUTOMATIC VOTER REGISTRATION

SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE.

    (a) Short Title.--This part may be cited as the ``Automatic Voter 
Registration Act of 2021''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the right to vote is a fundamental right of 
                citizens of the United States;
                    (B) it is the responsibility of the State and 
                Federal Governments to ensure that every eligible 
                citizen is registered to vote;
                    (C) existing voter registration systems can be 
                inaccurate, costly, inaccessible and confusing, with 
                damaging effects on voter participation in elections 
                for Federal office and disproportionate impacts on 
                young people, persons with disabilities, and racial and 
                ethnic minorities; and
                    (D) voter registration systems must be updated with 
                21st Century technologies and procedures to maintain 
                their security.
            (2) Purpose.--It is the purpose of this part--
                    (A) to establish that it is the responsibility of 
                government at every level to ensure that all eligible 
                citizens are registered to vote in elections for 
                Federal office;
                    (B) to enable the State and Federal Governments to 
                register all eligible citizens to vote with accurate, 
                cost-efficient, and up-to-date procedures;
                    (C) to modernize voter registration and list 
                maintenance procedures with electronic and internet 
                capabilities; and
                    (D) to protect and enhance the integrity, accuracy, 
                efficiency, and accessibility of the electoral process 
                for all eligible citizens.

SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

    (a) Requiring States to Establish and Operate Automatic 
Registration System.--
            (1) In general.--The chief State election official of each 
        State shall establish and operate a system of automatic 
        registration for the registration of eligible individuals to 
        vote for elections for Federal office in the State, in 
        accordance with the provisions of this part.
            (2) Definition.--The term ``automatic registration'' means 
        a system that registers an individual to vote in elections for 
        Federal office in a State, if eligible, by electronically 
        transferring the information necessary for registration from 
        government agencies to election officials of the State so that, 
        unless the individual affirmatively declines to be registered, 
        the individual will be registered to vote in such elections.
    (b) Registration of Voters Based on New Agency Records.--The chief 
State election official shall--
            (1) not later than 15 days after a contributing agency has 
        transmitted information with respect to an individual pursuant 
        to section 1013, ensure that the individual is registered to 
        vote in elections for Federal office in the State if the 
        individual is eligible to be registered to vote in such 
        elections; and
            (2) not later than 120 days after an individual is 
        registered under this part, send written notice to the 
        individual, in addition to other means of notice established by 
        this part, of the individual's voter registration status.
    (c) Treatment of Individuals Under 18 Years of Age.--A State may 
not refuse to treat an individual as an eligible individual for 
purposes of this part on the grounds that the individual is less than 
18 years of age at the time a contributing agency receives information 
with respect to the individual, so long as the individual is at least 
16 years of age at such time. Nothing in the previous sentence may be 
construed to require a State to permit an individual who is under 18 
years of age at the time of an election for Federal office to vote in 
the election.
    (d) Contributing Agency Defined.--In this part, the term 
``contributing agency'' means, with respect to a State, an agency 
listed in section 1013(e).

SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.

    (a) In General.--In accordance with this part, each contributing 
agency in a State shall assist the State's chief election official in 
registering to vote all eligible individuals served by that agency.
    (b) Requirements for Contributing Agencies.--
            (1) Instructions on automatic registration.--Except as 
        otherwise provided in this section, with each application for 
        service or assistance, and with each related recertification, 
        renewal, or change of address, or, in the case of a covered 
        institution of higher education, upon initial enrollment of an 
        in-State student, each contributing agency (other than a 
        contributing agency described in subsection (e)(1)(B)(ii)) that 
        (in the normal course of its operations) requests individuals 
        to affirm United States citizenship (either directly or as part 
        of the overall application for service or assistance or 
        enrollment) shall inform each such individual who is a citizen 
        of the United States of the following:
                    (A) Unless that individual declines to register to 
                vote, or is found ineligible to vote, the individual 
                will be registered to vote or, if applicable, the 
                individual's registration will be updated.
                    (B) The substantive qualifications of an elector in 
                the State as listed in the mail voter registration 
                application form for elections for Federal office 
                prescribed pursuant to section 9 of the National Voter 
                Registration Act of 1993, the consequences of false 
                registration, and the individual should decline to 
                register if the individual does not meet all those 
                qualifications.
                    (C) In the case of a State in which affiliation or 
                enrollment with a political party is required in order 
                to participate in an election to select the party's 
                candidate in an election for Federal office, the 
                requirement that the individual must affiliate or 
                enroll with a political party in order to participate 
                in such an election.
                    (D) Voter registration is voluntary, and neither 
                registering nor declining to register to vote will in 
                any way affect the availability of services or 
                benefits, nor be used for other purposes.
            (2) Opportunity to decline registration required.--Except 
        as otherwise provided in this section, each contributing agency 
        shall ensure that each application for service or assistance, 
        and each related recertification, renewal, or change of 
        address, cannot be completed until the individual is given the 
        opportunity to decline to be registered to vote.
            (3) Information transmittal.--Each contributing agency 
        shall electronically transmit to the appropriate State election 
        official the following information for each individual 
        described in paragraph (1) who did not decline to be registered 
        to vote:
                    (A) The individual's given name(s) and surname(s).
                    (B) The individual's date of birth.
                    (C) The individual's residential address.
                    (D) Information showing that the individual is a 
                citizen of the United States.
                    (E) The date on which information pertaining to 
                that individual was collected or last updated.
                    (F) If available, the individual's signature in 
                electronic form.
                    (G) Except in the case in which the contributing 
                agency is a covered institution of higher education, in 
                the case of a State in which affiliation or enrollment 
                with a political party is required in order to 
                participate in an election to select the party's 
                candidate in an election for Federal office, 
                information regarding the individual's affiliation or 
                enrollment with a political party, but only if the 
                individual provides such information.
                    (H) Any additional information listed in the mail 
                voter registration application form for elections for 
                Federal office prescribed pursuant to section 9 of the 
                National Voter Registration Act of 1993, including any 
                valid driver's license number or the last 4 digits of 
                the individual's social security number, if the 
                individual provided such information.
            (4) Provision of information regarding participation in 
        primary elections.--In the case of a State in which affiliation 
        or enrollment with a political party is required in order to 
        participate in an election to select the party's candidate in 
        an election for Federal office, if the information transmitted 
        under paragraph (3)(G) for an individual does not include 
        information regarding the individual's affiliation or 
        enrollment with a political party, the chief State election 
        official shall--
                    (A) notify the individual that such affiliation or 
                enrollment is required to participate in primary 
                elections; and
                    (B) provide an opportunity for the individual to 
                update their registration with a party affiliation or 
                enrollment.
            (5) Clarification.--Nothing in this section shall be read 
        to require a contributing agency to transmit to an election 
        official the information described in paragraph (3) for an 
        individual who is ineligible to vote in elections for Federal 
        office in the State, except to the extent required to pre-
        register citizens between 16 and 18 years of age.
    (c) Alternate Procedure for Certain Contributing Agencies.--
            (1) In general.--With each application for service or 
        assistance, and with each related recertification, renewal, or 
        change of address, a contributing agency described in paragraph 
        (2) shall--
                    (A) complete the requirements of section 7(a)(6) of 
                the National Voter Registration Act of 1993 (52 U.S.C. 
                20506(a)(6));
                    (B) ensure that each applicant's transaction with 
                the agency cannot be completed until the applicant has 
                indicated whether the applicant wishes to register to 
                vote or declines to register to vote in elections for 
                Federal office held in the State; and
                    (C) for each individual who wishes to register to 
                vote, transmit that individual's information in 
                accordance with subsection (b)(3).
            (2) Contributing agencies described.--The following 
        contributing agencies are described in this paragraph:
                    (A) Any contributing agency (other than a 
                contributing agency that is a covered institution of 
                higher education) that in the normal course of its 
                operations does not request individuals applying for 
                service or assistance to affirm United States 
                citizenship (either directly or as part of the overall 
                application for service or assistance).
                    (B) A contributing agency described in subsection 
                (e)(1)(B)(ii).
    (d) Required Availability of Automatic Registration Opportunity 
With Each Application for Service or Assistance.--Each contributing 
agency shall offer each individual, with each application for service 
or assistance, and with each related recertification, renewal, or 
change of address, or in the case of an institution of higher 
education, upon initial enrollment of a student, the opportunity to 
register to vote as prescribed by this section without regard to 
whether the individual previously declined a registration opportunity.
    (e) Contributing Agencies.--
            (1) State agencies.--In each State, each of the following 
        agencies shall be treated as a contributing agency:
                    (A) Each agency in a State that is required by 
                Federal law to provide voter registration services, 
                including the State motor vehicle authority and voter 
                registration agencies under the National Voter 
                Registration Act of 1993.
                    (B) Each agency in a State that administers a 
                program pursuant to--
                            (i) title III of the Social Security Act 
                        (42 U.S.C. 501 et seq.);
                            (ii) title XIX of the Social Security Act 
                        (42 U.S.C. 1396 et seq.); or
                            (iii) the Patient Protection and Affordable 
                        Care Act (Public Law 111-148).
                    (C) Each State agency primarily responsible for 
                regulating the private possession of firearms.
                    (D) Each State agency primarily responsible for 
                maintaining identifying information for students 
                enrolled at public secondary schools, including, where 
                applicable, the State agency responsible for 
                maintaining the education data system described in 
                section 6201(e)(2) of the America COMPETES Act (20 
                U.S.C. 9871(e)(2)).
                    (E) In the case of a State in which an individual 
                disenfranchised by a criminal conviction may become 
                eligible to vote upon completion of a criminal sentence 
                or any part thereof, or upon formal restoration of 
                rights, the State agency responsible for administering 
                that sentence, or part thereof, or that restoration of 
                rights.
                    (F) Any other agency of the State which is 
                designated by the State as a contributing agency.
            (2) Federal agencies.--In each State, each of the following 
        agencies of the Federal Government shall be treated as a 
        contributing agency with respect to individuals who are 
        residents of that State (except as provided in subparagraph 
        (C)):
                    (A) The Social Security Administration, the 
                Department of Veterans Affairs, the Defense Manpower 
                Data Center of the Department of Defense, the Employee 
                and Training Administration of the Department of Labor, 
                and the Center for Medicare & Medicaid Services of the 
                Department of Health and Human Services.
                    (B) The Bureau of Citizenship and Immigration 
                Services, but only with respect to individuals who have 
                completed the naturalization process.
                    (C) In the case of an individual who is a resident 
                of a State in which an individual disenfranchised by a 
                criminal conviction under Federal law may become 
                eligible to vote upon completion of a criminal sentence 
                or any part thereof, or upon formal restoration of 
                rights, the Federal agency responsible for 
                administering that sentence or part thereof (without 
                regard to whether the agency is located in the same 
                State in which the individual is a resident), but only 
                with respect to individuals who have completed the 
                criminal sentence or any part thereof.
                    (D) Any other agency of the Federal government 
                which the State designates as a contributing agency, 
                but only if the State and the head of the agency 
                determine that the agency collects information 
                sufficient to carry out the responsibilities of a 
                contributing agency under this section.
            (3) Institutions of higher education.--
                    (A) In general.--Each covered institution of higher 
                education shall be treated as a contributing agency in 
                the State in which the institution is located with 
                respect to in-State students.
                    (B) Procedures for institutions of higher 
                education.--Notwithstanding section 444 of the General 
                Education Provisions Act (20 U.S.C. 1232g; commonly 
                referred to as the ``Family Educational Rights and 
                Privacy Act of 1974'') or any other provision of law, 
                each covered institution of higher education shall 
                comply with the requirements of subsection (b) with 
                respect to each in-State student. In complying with 
                such requirements, an institution of higher education--
                            (i) may use information provided in the 
                        Free Application for Federal Student Aid 
                        described in section 483 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1090) to 
                        collect information described in paragraph (3) 
                        of such subsection (b) for purposes of 
                        transmitting such information to the 
                        appropriate State election official pursuant to 
                        such paragraph;
                            (ii) shall not be required to prevent or 
                        delay students from enrolling in a course of 
                        study or otherwise impede the completion of the 
                        enrollment process;
                            (iii) shall not request information on the 
                        affiliation or enrollment with a political 
                        party of a student in accordance with 
                        subsection (b)(3)(G); and
                            (iv) shall not withhold, delay, or impede 
                        the provision of Federal financial aid provided 
                        under title IV of the Higher Education Act of 
                        1965 (20 U.S.C. 1070 et seq.).
                    (C) Clarification.--Nothing in this part shall be 
                construed to require an institution of higher education 
                to request each student affirm whether or not the 
                student is a United States citizen or otherwise collect 
                information with respect to citizenship.
            (4) Publication.--Not later than 180 days prior to the date 
        of each election for Federal office held in the State, the 
        chief State election official shall publish on the public 
        website of the official an updated list of all contributing 
        agencies in that State.
            (5) Public education.--The chief State election official of 
        each State, in collaboration with each contributing agency, 
        shall take appropriate measures to educate the public about 
        voter registration under this section.
            (6) Permitting state medicaid agencies to share information 
        with election officials for voter registration purposes.--
        Section 1902(a)(7)(A) of the Social Security Act (42 U.S.C. 
        1396a(a)(7)(A)) is amended--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by adding at the end the following new clause:
                            ``(iii) the provision to an appropriate 
                        State election official, in accordance with 
                        subsection (c) of section 1013 of the Automatic 
                        Voter Registration Act of 2021, of information 
                        described in subsection (b)(3) of such section 
                        with respect to an applicant or recipient; 
                        and''.
    (f) Definitions.--In this section:
            (1) Covered institution of higher education.--The term 
        ``covered institution of higher education'' means an 
        institution of higher education that--
                    (A) has a program participation agreement in effect 
                with the Secretary of Education under section 487 of 
                the Higher Education Act of 1965 (20 U.S.C. 1094);
                    (B) is located in a State to which section 4(b)(1) 
                of the National Voter Registration Act of 1993 (52 
                U.S.C. 20503(b)(1)) does not apply.
            (2) In-state student.--The term ``in-State student''--
                    (A) means a student enrolled in a covered 
                institution of higher education who--
                            (i) for purposes related to in-State 
                        tuition, financial aid eligibility, or other 
                        similar purposes, resides in the State; or
                            (ii) the institution otherwise knows 
                        maintains permanent residence in the State; and
                    (B) includes a student described in clause (i) or 
                (ii) of subparagraph (A) who is enrolled in a program 
                of distance education, as defined in section 103 of the 
                Higher Education Act of 1965 (20 U.S.C. 1003).

SEC. 1014. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.

    (a) Protections for Errors in Registration.--An individual shall 
not be prosecuted under any Federal or State law, adversely affected in 
any civil adjudication concerning immigration status or naturalization, 
or subject to an allegation in any legal proceeding that the individual 
is not a citizen of the United States on any of the following grounds:
            (1) The individual notified an election office of the 
        individual's automatic registration to vote under this part.
            (2) The individual is not eligible to vote in elections for 
        Federal office but was automatically registered to vote under 
        this part.
            (3) The individual was automatically registered to vote 
        under this part at an incorrect address.
            (4) The individual declined the opportunity to register to 
        vote or did not make an affirmation of citizenship, including 
        through automatic registration, under this part.
    (b) Limits on Use of Automatic Registration.--The automatic 
registration of any individual or the fact that an individual declined 
the opportunity to register to vote or did not make an affirmation of 
citizenship (including through automatic registration) under this part 
may not be used as evidence against that individual in any State or 
Federal law enforcement proceeding, and an individual's lack of 
knowledge or willfulness of such registration may be demonstrated by 
the individual's testimony alone.
    (c) Protection of Election Integrity.--Nothing in subsections (a) 
or (b) may be construed to prohibit or restrict any action under color 
of law against an individual who--
            (1) knowingly and willfully makes a false statement to 
        effectuate or perpetuate automatic voter registration by any 
        individual; or
            (2) casts a ballot knowingly and willfully in violation of 
        State law or the laws of the United States.
    (d) Contributing Agencies' Protection of Information.--Nothing in 
this part authorizes a contributing agency to collect, retain, 
transmit, or publicly disclose any of the following, except as 
necessary to comply with title III of the Civil Rights Act of 1960 (52 
U.S.C. 20701 et seq.):
            (1) An individual's decision to decline to register to vote 
        or not to register to vote.
            (2) An individual's decision not to affirm his or her 
        citizenship.
            (3) Any information that a contributing agency transmits 
        pursuant to section 1013(b)(3), except in pursuing the agency's 
        ordinary course of business.
    (e) Election Officials' Protection of Information.--
            (1) Public disclosure prohibited.--
                    (A) In general.--Subject to subparagraph (B), with 
                respect to any individual for whom any State election 
                official receives information from a contributing 
                agency, the State election officials shall not publicly 
                disclose any of the following:
                            (i) The identity of the contributing 
                        agency.
                            (ii) Any information not necessary to voter 
                        registration.
                            (iii) Any voter information otherwise 
                        shielded from disclosure under State law or 
                        section 8(a) of the National Voter Registration 
                        Act of 1993 (52 U.S.C. 20507(a)).
                            (iv) Any portion of the individual's social 
                        security number.
                            (v) Any portion of the individual's motor 
                        vehicle driver's license number.
                            (vi) The individual's signature.
                            (vii) The individual's telephone number.
                            (viii) The individual's email address.
                    (B) Special rule for individuals registered to 
                vote.--The prohibition on public disclosure in 
                subparagraph (A) shall not apply with respect to the 
                telephone number or email address of any individual for 
                whom any State election official receives information 
                from a contributing agency and who, on the basis of 
                such information, is registered to vote in the State 
                under this part.
            (2) Voter record changes.--Each State shall maintain for at 
        least 2 years and shall make available for public inspection 
        (and, where available, photocopying at a reasonable cost), 
        including in electronic form and through electronic methods, 
        all records of changes to voter records, including removals, 
        the reasons for removals, and updates.
            (3) Database management standards.--Not later than 1 year 
        after the date of the enactment of this Act, the Director of 
        the National Institute of Standards and Technology, in 
        consultation with State and local election officials, shall, 
        after providing the public with notice and the opportunity to 
        comment--
                    (A) establish standards governing the comparison of 
                data for voter registration list maintenance purposes, 
                identifying as part of such standards the specific data 
                elements, the matching rules used, and how a State may 
                use the data to determine and deem that an individual 
                is ineligible under State law to vote in an election, 
                or to deem a record to be a duplicate or outdated;
                    (B) ensure that the standards developed pursuant to 
                this paragraph are uniform and nondiscriminatory and 
                are applied in a uniform and nondiscriminatory manner;
                    (C) not later than 45 days after the deadline for 
                public notice and comment, publish the standards 
                developed pursuant to this paragraph on the Director's 
                website and make those standards available in written 
                form upon request; and
                    (D) ensure that the standards developed pursuant to 
                this paragraph are maintained and updated in a manner 
                that reflects innovations and best practices in the 
                security of database management.
            (4) Security policy.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Director of the 
                National Institute of Standards and Technology shall, 
                after providing the public with notice and the 
                opportunity to comment, publish privacy and security 
                standards for voter registration information not later 
                than 45 days after the deadline for public notice and 
                comment. The standards shall require the chief State 
                election official of each State to adopt a policy that 
                shall specify--
                            (i) each class of users who shall have 
                        authorized access to the computerized statewide 
                        voter registration list, specifying for each 
                        class the permission and levels of access to be 
                        granted, and setting forth other safeguards to 
                        protect the privacy, security, and accuracy of 
                        the information on the list; and
                            (ii) security safeguards to protect 
                        personal information transmitted through the 
                        information transmittal processes of section 
                        1013, the online system used pursuant to 
                        section 6A of the National Voter Registration 
                        Act of 1993 (as added by section 1001), any 
                        telephone interface, the maintenance of the 
                        voter registration database, and any audit 
                        procedure to track access to the system.
                    (B) Maintenance and updating.--The Director shall 
                ensure that the standards developed pursuant to this 
                paragraph are maintained and updated in a manner that 
                reflects innovations and best practices in the privacy 
                and security of voter registration information.
            (5) State compliance with national standards.--
                    (A) Certification.--The chief State election 
                official of the State shall annually file with the 
                Election Assistance Commission a statement certifying 
                to the Director of the National Institute of Standards 
                and Technology that the State is in compliance with the 
                standards referred to in paragraphs (3) and (4). A 
                State may meet the requirement of the previous sentence 
                by filing with the Commission a statement which reads 
                as follows: ``_____ hereby certifies that it is in 
                compliance with the standards referred to in paragraphs 
                (3) and (4) of section 1014(e) of the Automatic Voter 
                Registration Act of 2021.'' (with the blank to be 
                filled in with the name of the State involved).
                    (B) Publication of policies and procedures.--The 
                chief State election official of a State shall publish 
                on the official's website the policies and procedures 
                established under this section, and shall make those 
                policies and procedures available in written form upon 
                public request.
                    (C) Funding dependent on certification.--If a State 
                does not timely file the certification required under 
                this paragraph, it shall not receive any payment under 
                this part for the upcoming fiscal year.
                    (D) Compliance of states that require changes to 
                state law.--In the case of a State that requires State 
                legislation to carry out an activity covered by any 
                certification submitted under this paragraph, for a 
                period of not more than 2 years the State shall be 
                permitted to make the certification notwithstanding 
                that the legislation has not been enacted at the time 
                the certification is submitted, and such State shall 
                submit an additional certification once such 
                legislation is enacted.
    (f) Restrictions on Use of Information.--No person acting under 
color of law may discriminate against any individual based on, or use 
for any purpose other than voter registration, election administration, 
juror selection, or enforcement relating to election crimes, any of the 
following:
            (1) Voter registration records.
            (2) An individual's declination to register to vote or 
        complete an affirmation of citizenship under section 1013(b).
            (3) An individual's voter registration status.
    (g) Prohibition on the Use of Voter Registration Information for 
Commercial Purposes.--Information collected under this part shall not 
be used for commercial purposes. Nothing in this subsection may be 
construed to prohibit the transmission, exchange, or dissemination of 
information for political purposes, including the support of campaigns 
for election for Federal, State, or local public office or the 
activities of political committees (including committees of political 
parties) under the Federal Election Campaign Act of 1971.

SEC. 1015. PAYMENTS AND GRANTS.

    (a) In General.--The Election Assistance Commission shall make 
grants to each eligible State to assist the State in implementing the 
requirements of this part (or, in the case of an exempt State, in 
implementing its existing automatic voter registration program or 
expanding its automatic voter registration program in a manner 
consistent with the requirements of this part).
    (b) Eligibility; Application.--A State is eligible to receive a 
grant under this section if the State submits to the Commission, at 
such time and in such form as the Commission may require, an 
application containing--
            (1) a description of the activities the State will carry 
        out with the grant;
            (2) an assurance that the State shall carry out such 
        activities without partisan bias and without promoting any 
        particular point of view regarding any issue; and
            (3) such other information and assurances as the Commission 
        may require.
    (c) Amount of Grant; Priorities.--The Commission shall determine 
the amount of a grant made to an eligible State under this section. In 
determining the amounts of the grants, the Commission shall give 
priority to providing funds for those activities which are most likely 
to accelerate compliance with the requirements of this part (or, in the 
case of an exempt State, which are most likely to enhance the ability 
of the State to automatically register individuals to vote through its 
existing automatic voter registration program), including--
            (1) investments supporting electronic information transfer, 
        including electronic collection and transfer of signatures, 
        between contributing agencies and the appropriate State 
        election officials;
            (2) updates to online or electronic voter registration 
        systems already operating as of the date of the enactment of 
        this Act;
            (3) introduction of online voter registration systems in 
        jurisdictions in which those systems did not previously exist; 
        and
            (4) public education on the availability of new methods of 
        registering to vote, updating registration, and correcting 
        registration.
    (d) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section--
                    (A) $500,000,000 for fiscal year 2021; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Continuing availability of funds.--Any amounts 
        appropriated pursuant to the authority of this subsection shall 
        remain available without fiscal year limitation until expended.

SEC. 1016. TREATMENT OF EXEMPT STATES.

    (a) Waiver of Requirements.--Except as provided in subsection (b), 
this part does not apply with respect to an exempt State.
    (b) Exceptions.--The following provisions of this part apply with 
respect to an exempt State:
            (1) Section 1015 (relating to payments and grants).
            (2) Section 1017(e) (relating to enforcement).
            (3) Section 1017(f) (relating to relation to other laws).

SEC. 1017. MISCELLANEOUS PROVISIONS.

    (a) Accessibility of Registration Services.--Each contributing 
agency shall ensure that the services it provides under this part are 
made available to individuals with disabilities to the same extent as 
services are made available to all other individuals.
    (b) Transmission Through Secure Third Party Permitted.--Nothing in 
this part shall be construed to prevent a contributing agency from 
contracting with a third party to assist the agency in meeting the 
information transmittal requirements of this part, so long as the data 
transmittal complies with the applicable requirements of this part, 
including the privacy and security provisions of section 1014.
    (c) Nonpartisan, Nondiscriminatory Provision of Services.--The 
services made available by contributing agencies under this part and by 
the State under section 1014 shall be made in a manner consistent with 
paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter 
Registration Act of 1993 (52 U.S.C. 20506(a)).
    (d) Notices.--Each State may send notices under this part via 
electronic mail if the individual has provided an electronic mail 
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this part that require 
a response must offer the individual notified the opportunity to 
respond at no cost to the individual.
    (e) Enforcement.--Section 11 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the 
availability of private rights of action, shall apply with respect to 
this part in the same manner as such section applies to such Act.
    (f) Relation to Other Laws.--Except as provided, nothing in this 
part may be construed to authorize or require conduct prohibited under, 
or to supersede, restrict, or limit the application of any of the 
following:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (3) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
        seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).

SEC. 1018. DEFINITIONS.

    In this part, the following definitions apply:
            (1) The term ``chief State election official'' means, with 
        respect to a State, the individual designated by the State 
        under section 10 of the National Voter Registration Act of 1993 
        (52 U.S.C. 20509) to be responsible for coordination of the 
        State's responsibilities under such Act.
            (2) The term ``Commission'' means the Election Assistance 
        Commission.
            (3) The term ``exempt State'' means a State which, under 
        law which is in effect continuously on and after the date of 
        the enactment of this Act, operates a system of automatic 
        registration (as defined in section 1012(a)(2)) at the motor 
        vehicle authority of the State or a Permanent Dividend Fund of 
        the State under which an individual is provided the opportunity 
        to decline registration during the transaction or by way of a 
        notice sent by mail or electronically after the transaction.
            (4) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 1019. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this part 
and the amendments made by this part shall apply with respect to a 
State and contributing agencies within a State--
            (1) beginning January 1, 2023, for State motor vehicle 
        authorities; and
            (2) beginning January 1, 2025, for all other contributing 
        agencies.
    (b) Waiver.--
            (1) Deadline for state motor vehicle authorities.--If a 
        State certifies to the Commission not later than January 1, 
        2023, that the State will not meet the deadline described in 
        subsection (a)(1) because it would be impracticable to do so 
        and includes in the certification the reasons for the failure 
        to meet such deadline, subsection (a)(1) shall apply to the 
        State as if the reference in such subsection to ``January 1, 
        2023'' were a reference to ``January 1, 2025''.
            (2) Deadline for all other contributing agencies.--If a 
        State certifies to the Commission not later than January 1, 
        2025, that the State will not meet the deadline described in 
        subsection (a)(2) because it would be impracticable to do so 
        and includes in the certification the reasons for the failure 
        to meet such deadline, subsection (a)(2) shall apply to the 
        State as if the reference in such subsection to ``January 1, 
        2025'' were a reference to ``January 1, 2028''.

                  PART 3--SAME DAY VOTER REGISTRATION

SEC. 1031. SAME DAY REGISTRATION.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. SAME DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Each State shall permit any eligible 
        individual on the day of a Federal election and on any day when 
        voting, including early voting, is permitted for a Federal 
        election--
                    ``(A) to register to vote in such election at the 
                polling place using a form that meets the requirements 
                under section 9(b) of the National Voter Registration 
                Act of 1993 (or, if the individual is already 
                registered to vote, to revise any of the individual's 
                voter registration information); and
                    ``(B) to cast a vote in such election.
            ``(2) Exception.--The requirements under paragraph (1) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this section, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means, with respect to any election for Federal 
office, an individual who is otherwise qualified to vote in that 
election.
    ``(c) Ensuring Availability of Forms.--The State shall ensure that 
each polling place has copies of any forms an individual may be 
required to complete in order to register to vote or revise the 
individual's voter registration information under this section.
    ``(d) Effective Date.--
            ``(1) In general.--Subject to paragraph (2), each State 
        shall be required to comply with the requirements of this 
        section for the regularly scheduled general election for 
        Federal office occurring in November 2022 and for any 
        subsequent election for Federal office.
            ``(2) Special rules for elections before november 2026.--
                    ``(A) Elections prior to november 2024 general 
                election.--A State shall be deemed to be in compliance 
                with the requirements of this section for the regularly 
                scheduled general election for Federal office occurring 
                in November 2022 and subsequent elections for Federal 
                office occurring before the regularly scheduled general 
                election for Federal office in November 2024 if at 
                least one location for each 15,000 registered voters in 
                each jurisdiction in the State meets such requirements.
                    ``(B) November 2024 general election.--If a State 
                certifies to the Commission not later than November 5, 
                2024, that the State will not be in compliance with the 
                requirements of this section for the regularly 
                scheduled general election for Federal office occurring 
                in November 2024 because it would be impracticable to 
                do so and includes in the certification the reasons for 
                the failure to meet such requirements, the State shall 
                be deemed to be in compliance with the requirements of 
                this section for such election if at least one location 
                for each 15,000 registered voters in each jurisdiction 
                in the State meets such requirements.''.
    (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 Amendments.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306, respectively; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Same day registration.''.

   PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS

SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF 
              ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS.

    (a) Minimum Information Required for Removal Under Cross-check.--
Section 8(c)(2) of the National Voter Registration Act of 1993 (52 
U.S.C. 20507(c)(2)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraphs:
    ``(B) To the extent that the program carried out by a State under 
subparagraph (A) to systematically remove the names of ineligible 
voters from the official lists of eligible voters uses information 
matched in an interstate cross-check, in addition to any other 
conditions imposed under this Act on the authority of the State to 
remove the name of the voter from such a list, the State may not remove 
the name of the voter from such a list unless--
            ``(i) the State matched the voter's full name (including 
        the voter's middle name, if any) and date of birth, and the 
        last 4 digits of the voter's social security number, in the 
        interstate cross-check; or
            ``(ii) the State matched documentation from the ERIC system 
        that the voter is no longer a resident of the State.
    ``(C) In this paragraph--
            ``(i) the term `interstate cross-check' means the 
        transmission of information from an election official in one 
        State to an election official of another State; and
            ``(ii) the term `ERIC system' means the system operated by 
        the Electronic Registration Information Center to share voter 
        registration information and voter identification information 
        among participating States.''.
    (b) Requiring Completion of Cross-checks Not Later Than 6 Months 
Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52 
U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days'' 
and inserting the following: ``not later than 90 days (or, in the case 
of a program in which the State uses interstate cross-checks, not later 
than 6 months)''.
    (c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of 
such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), 
is amended by striking ``Subparagraph (A)'' and inserting ``This 
paragraph''.
    (d) Effective Date.--The amendments made by this Act shall apply 
with respect to elections held on or after the expiration of the 6-
month period which begins on the date of the enactment of this Act.

        PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

SEC. 1051. BIENNIAL REPORTS ON VOTER REGISTRATION STATISTICS.

    (a) Biennial Reports.--Not later than 90 days after the end of each 
even-numbered year, each State shall submit to the Election Assistance 
Commission a report containing the following categories of information 
for the preceding 2 years:
            (1) The number of individuals who were registered under 
        part 2.
            (2) The number of voter registration application forms 
        completed by individuals that were transmitted by motor vehicle 
        authorities in the State (pursuant to section 5(e) of the 
        National Voter Registration Act of 1993) and voter registration 
        agencies in the State (as designated under section 7 of such 
        Act) to the chief State election official of the State, broken 
        down by each such authority and agency.
            (3) The number of such individuals whose voter registration 
        application forms were accepted and who were registered to vote 
        in the State and the number of such individuals whose forms 
        were rejected and who were not registered to vote in the State, 
        broken down by each such authority and agency.
            (4) The number of change of address forms and other forms 
        of information indicating that an individual's identifying 
        information has been changed that were transmitted by such 
        motor vehicle authorities and voter registration agencies to 
        the chief State election official of the State, broken down by 
        each such authority and agency and the type of form 
        transmitted.
            (5) The number of individuals on the Statewide computerized 
        voter registration list (as established and maintained under 
        section 303 of the Help America Vote Act of 2002) whose voter 
        registration information was revised by the chief State 
        election official as a result of the forms transmitted to the 
        official by such motor vehicle authorities and voter 
        registration agencies (as described in paragraph (3)), broken 
        down by each such authority and agency and the type of form 
        transmitted.
            (6) The number of individuals who requested the chief State 
        election official to revise voter registration information on 
        such list, and the number of individuals whose information was 
        revised as a result of such a request.
    (b) Breakdown of Information.--In preparing the report under this 
section, the State shall, for each category of information described in 
subsection (a), include a breakdown by race, ethnicity, age, and gender 
of the individuals whose information is included in the category, to 
the extent that information on the race, ethnicity, age, and gender of 
such individuals is available to the State.
    (c) Confidentiality of Information.--In preparing and submitting a 
report under this section, the chief State election official shall 
ensure that no information regarding the identification of any 
individual is revealed.
    (d) Submission to Congress.--Not later than 10 days after receiving 
a report under subsection (a), the Election Assistance Commission shall 
transmit such report to Congress.
    (e) State Defined.--In this section, a ``State'' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands, but does not include any State in which, 
under a State law in effect continuously on and after the date of the 
enactment of this Act, there is no voter registration requirement for 
individuals in the State with respect to elections for Federal office.
    (f) Sense of Congress.--It is the Sense of Congress that for any 
State participating in the Election Administration and Voting Survey 
administered by the Election Assistance Commission, the Commission 
should use the information submitted in the report under subsection (a) 
as part of the State's participation in the survey.

SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT 
              WITH TIMING OF LEGAL PUBLIC HOLIDAYS.

    (a) In General.--Section 8(a)(1) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' 
each place it appears and inserting ``28 days''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections held in 2022 or any succeeding year.

SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS FORM TO 
              REMIND INDIVIDUALS TO UPDATE VOTER REGISTRATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Postmaster General shall modify any hard 
copy change of address form used by the United States Postal Service so 
that such form contains a reminder that any individual using such form 
should update the individual's voter registration as a result of any 
change in address.
    (b) Application.--The requirement in subsection (a) shall not apply 
to any electronic version of a change of address form used by the 
United States Postal Service.

SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF 
              MINORS IN ELECTION ACTIVITIES.

    (a) Grants.--
            (1) In general.--The Election Assistance Commission 
        (hereafter in this section referred to as the ``Commission'') 
        shall make grants to eligible States to enable such States to 
        carry out a plan to increase the involvement of individuals 
        under 18 years of age in public election activities in the 
        State.
            (2) Contents of plans.--A State's plan under this 
        subsection shall include--
                    (A) methods to promote the use of pre-registration 
                processes;
                    (B) modifications to the curriculum of secondary 
                schools in the State to promote civic engagement; and
                    (C) such other activities to encourage the 
                involvement of young people in the electoral process as 
                the State considers appropriate.
    (b) Eligibility.--A State is eligible to receive a grant under this 
section if the State submits to the Commission, at such time and in 
such form as the Commission may require, an application containing--
            (1) a description of the State's plan under subsection (a);
            (2) a description of the performance measures and targets 
        the State will use to determine its success in carrying out the 
        plan; and
            (3) such other information and assurances as the Commission 
        may require.
    (c) Period of Grant; Report.--
            (1) Period of grant.--A State receiving a grant under this 
        section shall use the funds provided by the grant over a 2-year 
        period agreed to between the State and the Commission.
            (2) Report.--Not later than 6 months after the end of the 
        2-year period agreed to under paragraph (1), the State shall 
        submit to the Commission a report on the activities the State 
        carried out with the funds provided by the grant, and shall 
        include in the report an analysis of the extent to which the 
        State met the performance measures and targets included in its 
        application under subsection (b)(2).
    (d) State Defined.--In this section, the term ``State'' means each 
of the several States and the District of Columbia.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $25,000,000, to remain 
available until expended.

SEC. 1055. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION 
              INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES.

    The Secretary of Homeland Security shall establish a process for 
authorizing the chief State of a State to disseminate voter 
registration information at the conclusion of any naturalization 
ceremony in such State, which may involve a display or exhibit.

SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY 
              PROGRAMS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.), as amended by section 1031(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. VOTER PRIVACY PROGRAMS.

    ``(a) In General.--Each State shall establish and operate a privacy 
program to enable victims of domestic violence, dating violence, 
stalking, sexual assault, and trafficking to have personally 
identifiable information that State or local election officials 
maintain with respect to an individual voter registration status for 
purposes of elections for Federal office in the State, including 
addresses, be kept confidential.
    ``(b) Notice.--Each State shall notify residents of that State of 
the information that State and local election officials maintain with 
respect to an individual voter registration status for purposes of 
elections for Federal office in the State, how that information is 
shared or sold and with whom, what information is automatically kept 
confidential, what information is needed to access voter information 
online, and the privacy programs that are available.
    ``(c) Public Availability.--Each State shall make information about 
the program established under subsection (a) available on a publicly 
accessible website.
    ``(d) Definitions.--In this section:
            ``(1) The terms `domestic violence', `stalking', `sexual 
        assault', and `dating violence' have the meanings given such 
        terms in section 40002 of the Violence Against Women Act of 
        1994 (34 U.S.C. 12291).
            ``(2) The term `trafficking' means an act or practice 
        described in paragraph (11) or (12) of section 103 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
    ``(e) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
January 1, 2023.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307, respectively; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Voter privacy programs.''.

SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN 
              LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING 
              AND MORTGAGE APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Consumer Protection.
            (2) Federal project-based rental assistance.--The term 
        ``Federal project-based rental assistance'' means project-based 
        rental assistance provided under--
                    (A) section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f);
                    (B) section 202 of the Housing Act of 1959 (12 
                U.S.C. 1701q);
                    (C) section 811 of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 8013);
                    (D) title V of the Housing Act of 1949 (42 U.S.C. 
                1471 et seq.), including voucher assistance under 
                section 542 of such title (42 U.S.C. 1490r);
                    (E) subtitle D of title VIII of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                12901 et seq.);
                    (F) title II of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12721 et seq.);
                    (G) the Housing Trust Fund under section 1338 of 
                the Federal Housing Enterprises Financial Safety and 
                Soundness Act of 1992 (12 U.S.C. 4588); or
                    (H) subtitle C of title IV of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11381 et seq.).
            (3) Owner.--The term ``owner'' has the meaning given the 
        term in section 8(f) of the United States Housing Act of 1937 
        (42 U.S.C. 1437f(f)).
            (4) Public housing; public housing agency.--The terms 
        ``public housing'' and ``public housing agency'' have the 
        meanings given those terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (5) Residential mortgage loan.--The term ``residential 
        mortgage loan'' includes any loan that is secured by a first or 
        subordinate lien on residential real property, including 
        individual units of condominiums and cooperatives, designed 
        principally for the occupancy of from 1- to 4- families.
    (b) Development of Uniform Statement.--The Director, in 
coordination with the Election Assistance Commission, shall develop a 
uniform statement designed to provide recipients of the statement 
pursuant to this section of how the recipient can register to vote and 
the voting rights of the recipient under law.
    (c) Leases and Vouchers for Federally Assisted Rental Housing.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Housing and Urban Development shall require--
                    (A) each public housing agency to provide a copy of 
                the uniform statement developed pursuant to subsection 
                (b) to each lessee of a dwelling unit in public housing 
                administered by the agency--
                            (i) together with the lease for the 
                        dwelling unit, at the same time the lease is 
                        provided to the lessee; and
                            (ii) together with any income verification 
                        form, at the same time the form is provided to 
                        the lessee;
                    (B) each public housing agency that administers 
                rental assistance under the Housing Choice Voucher 
                program under section 8(o) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f(o)), including the program 
                under paragraph (13) of such section 8(o), to provide a 
                copy of the uniform statement developed pursuant to 
                subsection (b) to each assisted family or individual--
                            (i) together with the voucher for the 
                        assistance, at the time the voucher is issued 
                        for the family or individual; and
                            (ii) together with any income verification 
                        form, at the same time the form is provided to 
                        the applicant or assisted family or individual; 
                        and
                    (C) each owner of a dwelling unit assisted with 
                Federal project-based rental assistance to provide a 
                copy of the uniform statement developed pursuant to 
                subsection (b) to provide to the lessee of the dwelling 
                unit--
                            (i) together with the lease for the 
                        dwelling unit, at the same time the form is 
                        provided to the lessee; and
                            (ii) together with any income verification 
                        form, at the same time the form is provided to 
                        the applicant or tenant.
            (2) Rural housing.--The Secretary of Agriculture shall 
        administer the requirement under paragraph (1)(C) with respect 
        to Federal project-based rental assistance described in 
        subsection (a)(1)(D).
    (d) Applications for Residential Mortgage Loans.--The Director 
shall require each creditor that receives an application (within the 
meaning of such term as used in the Equal Credit Opportunity Act (15 
U.S.C. 1691 et seq.)) for a residential mortgage loan to provide a copy 
of the uniform statement developed pursuant to subsection (b) in 
written form to the applicant for the residential mortgage loan not 
later than 5 business days after the date of the application.
    (e) Optional Completion of Application.--Nothing in this section 
may be construed to require any individual to complete an application 
for voter registration.
    (f) Regulations.--The Secretary of Housing and Urban Development, 
the Secretary of Agriculture, and the Director may issue such 
regulations as may be necessary to carry out this section.

           PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER 
              COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.

    (a) In General.--Section 251(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21001(b)) is amended--
            (1) in paragraph (1), by striking ``as provided in 
        paragraphs (2) and (3)'' and inserting ``as otherwise provided 
        in this subsection''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Certain voter registration activities.--
        Notwithstanding paragraph (3), a State may use a requirements 
        payment to carry out any of the requirements of the Voter 
        Registration Modernization Act of 2021, including the 
        requirements of the National Voter Registration Act of 1993 
        which are imposed pursuant to the amendments made to such Act 
        by the Voter Registration Modernization Act of 2021.''.
    (b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting 
``section 251(b)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2022 and each succeeding fiscal year.

        PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER 
              REGISTRATION.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to 
              vote
    ``(a) Prohibition.--It shall be unlawful for any person, whether 
acting under color of law or otherwise, to corruptly hinder, interfere 
with, or prevent another person from registering to vote or to 
corruptly hinder, interfere with, or prevent another person from aiding 
another person in registering to vote.
    ``(b) Attempt.--Any person who attempts to commit any offense 
described in subsection (a) shall be subject to the same penalties as 
those prescribed for the offense that the person attempted to commit.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``612. Hindering, interfering with, or preventing registering to 
                            vote.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act, except that no person may be found to have 
violated section 612 of title 18, United States Code (as added by 
subsection (a)), on the basis of any act occurring prior to the date of 
the enactment of this Act.

SEC. 1072. ESTABLISHMENT OF BEST PRACTICES.

    (a) Best Practices.--Not later than 180 days after the date of the 
enactment of this Act, the Election Assistance Commission, in 
consultation with the Department of Justice, shall develop and publish 
recommendations for best practices for States to use to deter and 
prevent violations of section 612 of title 18, United States Code (as 
added by section 1071), and section 12 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful 
interference with registering to vote, or voting, or attempting to 
register to vote or vote), including practices to provide for the 
posting of relevant information at polling places and voter 
registration agencies under such Act, the training of poll workers and 
election officials, and relevant educational materials. For purposes of 
this subsection, the term ``State'' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands.
    (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) 
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) information relating to the prohibitions of 
                section 612 of title 18, United States Code, and 
                section 12 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20511) (relating to the unlawful 
                interference with registering to vote, or voting, or 
                attempting to register to vote or vote), including 
                information on how individuals may report allegations 
                of violations of such prohibitions.''.

               PART 8--VOTER REGISTRATION EFFICIENCY ACT

SEC. 1081. SHORT TITLE.

    This part may be cited as the ``Voter Registration Efficiency 
Act''.

SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN 
              NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE 
              FOR VOTER REGISTRATION PURPOSES.

    (a) Requirements for Applicants for Licenses.--Section 5(d) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is 
amended--
            (1) by striking ``Any change'' and inserting ``(1) Any 
        change''; and
            (2) by adding at the end the following new paragraph:
            ``(2)(A) A State motor vehicle authority shall require each 
        individual applying for a motor vehicle driver's license in the 
        State--
                            ``(i) to indicate whether the individual 
                        resides in another State or resided in another 
                        State prior to applying for the license, and, 
                        if so, to identify the State involved; and
                            ``(ii) to indicate whether the individual 
                        intends for the State to serve as the 
                        individual's residence for purposes of 
                        registering to vote in elections for Federal 
                        office.
                    ``(B) If pursuant to subparagraph (A)(ii) an 
                individual indicates to the State motor vehicle 
                authority that the individual intends for the State to 
                serve as the individual's residence for purposes of 
                registering to vote in elections for Federal office, 
                the authority shall notify the motor vehicle authority 
                of the State identified by the individual pursuant to 
                subparagraph (A)(i), who shall notify the chief State 
                election official of such State that the individual no 
                longer intends for that State to serve as the 
                individual's residence for purposes of registering to 
                vote in elections for Federal office.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall apply with respect to a 
        State beginning January 1, 2023.
            (2) Waiver.--If a State certifies to the Election 
        Assistance Commission not later than January 1, 2023, that the 
        State will not meet the deadline described in paragraph (1) 
        because it would be impracticable to do so and includes in the 
        certification the reasons for the failure to meet such 
        deadline, paragraph (1) shall apply to the State as if the 
        reference in such paragraph to ``January 1, 2023'' were a 
        reference to ``January 1, 2025''.

 PART 9--PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL 
                                STUDENTS

SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REGISTRATION INFORMATION 
              TO SECONDARY SCHOOL STUDENTS PRIOR TO GRADUATION.

    (a) Pilot Program.--The Election Assistance Commission (hereafter 
in this part referred to as the ``Commission'') shall carry out a pilot 
program under which the Commission shall provide funds during the one-
year period beginning after the date of the enactment of this part to 
eligible local educational agencies for initiatives to provide 
information on registering to vote in elections for public office to 
secondary school students in grade 12.
    (b) Eligibility.--A local educational agency is eligible to receive 
funds under the pilot program under this part if the agency submits to 
the Commission, at such time and in such form as the Commission may 
require, an application containing--
            (1) a description of the initiatives the agency intends to 
        carry out with the funds;
            (2) a description of how the agency will prioritize access 
        to such initiatives for schools that serve--
                    (A) the highest numbers or percentages of students 
                counted under section 1124(c) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6333(c)); 
                and
                    (B) the highest percentages of students who are 
                eligible for a free or reduced price lunch under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.) (which, in the case of a high school, may 
                be calculated using comparable data from the schools 
                that feed into the high school), as compared to other 
                public schools in the jurisdiction of the agency;
            (3) an estimate of the costs associated with such 
        initiatives; and
            (4) such other information and assurances as the Commission 
        may require.
    (c) Priority for Schools Receiving Title I Funds.--In selecting 
eligible local educational agencies to receive funds under the pilot 
program under this part, the Commission shall give priority to local 
educational agencies that receive funds under part A of title I of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et 
seq.).
    (d) Consultation With Election Officials.--A local educational 
agency receiving funds under the pilot program shall consult with the 
State and local election officials who are responsible for 
administering elections for public office in the area served by the 
agency in developing the initiatives the agency will carry out with the 
funds.
    (e) Definitions.--In this part, the terms ``local educational 
agency'' and ``secondary school'' have the meanings given such terms in 
section 8101 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801).

SEC. 1092. REPORTS.

    (a) Reports by Recipients of Funds.--Not later than the expiration 
of the 90-day period which begins on the date of the receipt of the 
funds, each local educational agency receiving funds under the pilot 
program under this part shall submit a report to the Commission 
describing the initiatives carried out with the funds and analyzing 
their effectiveness.
    (b) Report by Commission.--Not later than the expiration of the 60-
day period which begins on the date the Commission receives the final 
report submitted by a local educational agency under subsection (a), 
the Commission shall submit a report to Congress on the pilot program 
under this part.

SEC. 1093. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this part.

                 PART 10--VOTER REGISTRATION OF MINORS

SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM 
              INDIVIDUALS UNDER 18 YEARS OF AGE.

    (a) Acceptance of Applications.--Section 8 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1004, 
is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Acceptance of Applications From Individuals Under 18 Years of 
Age.--
            ``(1) In general.--A State may not refuse to accept or 
        process an individual's application to register to vote in 
        elections for Federal office on the grounds that the individual 
        is under 18 years of age at the time the individual submits the 
        application, so long as the individual is at least 16 years of 
        age at such time.
            ``(2) No effect on state voting age requirements.--Nothing 
        in paragraph (1) may be construed to require a State to permit 
        an individual who is under 18 years of age at the time of an 
        election for Federal office to vote in the election.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2022.

     Subtitle B--Access to Voting for Individuals With Disabilities

SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER 
              REGISTRATION AND VOTING FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) 
and section 1056(a), is amended--
            (1) by redesignating sections 306 and 307 as sections 307 
        and 308, respectively; and
            (2) by inserting after section 305 the following new 
        section:

``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS 
              WITH DISABILITIES.

    ``(a) Treatment of Applications and Ballots.--Each State shall--
            ``(1) ensure that absentee registration forms, absentee 
        ballot applications, and absentee ballots that are available 
        electronically are accessible (as defined in section 307);
            ``(2) permit individuals with disabilities to use absentee 
        registration procedures and to vote by absentee ballot in 
        elections for Federal office;
            ``(3) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an individual 
        with a disability if the application is received by the 
        appropriate State election official within the deadline for the 
        election which is applicable under Federal law;
            ``(4) in addition to any other method of registering to 
        vote or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for individuals with disabilities to request 
                by mail and electronically voter registration 
                applications and absentee ballot applications with 
                respect to elections for Federal office in accordance 
                with subsection (c);
                    ``(B) for States to send by mail and electronically 
                (in accordance with the preferred method of 
                transmission designated by the individual under 
                subparagraph (C)) voter registration applications and 
                absentee ballot applications requested under 
                subparagraph (A) in accordance with subsection (c)); 
                and
                    ``(C) by which such an individual can designate 
                whether the individual prefers that such voter 
                registration application or absentee ballot application 
                be transmitted by mail or electronically;
            ``(5) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail and electronically blank absentee ballots 
        to individuals with disabilities with respect to elections for 
        Federal office in accordance with subsection (d); and
            ``(6) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to individuals 
        with disabilities in a manner that gives them sufficient time 
        to vote in the runoff election.
    ``(b) Designation of Single State Office to Provide Information on 
Registration and Absentee Ballot Procedures for Voters With 
Disabilities in State.--
            ``(1) In general.--Each State shall designate a single 
        office which shall be responsible for providing information 
        regarding voter registration procedures, absentee ballot 
        procedures, and in-person voting procedures to be used by 
        individuals with disabilities with respect to elections for 
        Federal office to all individuals with disabilities who wish to 
        register to vote or vote in any jurisdiction in the State.
            ``(2) Responsibilities.--Each State shall, through the 
        office designated in paragraph (1)--
                    ``(A) provide information to election officials--
                            ``(i) on how to set up and operate 
                        accessible voting systems; and
                            ``(ii) regarding the accessibility of 
                        voting procedures, including guidance on 
                        compatibility with assistive technologies such 
                        as screen readers and ballot marking devices;
                    ``(B) integrate information on accessibility, 
                accommodations, disability, and older individuals into 
                regular training materials for poll workers and 
                election administration officials;
                    ``(C) train poll workers on how to make polling 
                places accessible for individuals with disabilities and 
                older individuals;
                    ``(D) promote the hiring of individuals with 
                disabilities and older individuals as poll workers and 
                election staff; and
                    ``(E) publicly post the results of any audits to 
                determine the accessibility of polling places no later 
                than 6 months after the completion of the audit.
    ``(c) Designation Of Means of Electronic Communication for 
Individuals With Disabilities to Request and for States to Send Voter 
Registration Applications and Absentee Ballot Applications, and for 
Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 means of accessible electronic 
        communication--
                    ``(A) for use by individuals with disabilities who 
                wish to register to vote or vote in any jurisdiction in 
                the State to request voter registration applications 
                and absentee ballot applications under subsection 
                (a)(4);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and
                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to individuals with 
                disabilities.
            ``(2) Clarification regarding provision of multiple means 
        of electronic communication.--A State may, in addition to the 
        means of electronic communication so designated, provide 
        multiple means of electronic communication to individuals with 
        disabilities, including a means of electronic communication for 
        the appropriate jurisdiction of the State.
            ``(3) Inclusion of designated means of electronic 
        communication with informational and instructional materials 
        that accompany balloting materials.--Each State shall include a 
        means of electronic communication so designated with all 
        informational and instructional materials that accompany 
        balloting materials sent by the State to individuals with 
        disabilities.
            ``(4) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under subsection (a)(4)(C), the State shall transmit 
        the voter registration application or absentee ballot 
        application by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
    ``(d) Transmission of Blank Absentee Ballots by Mail and 
Electronically.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to securely transmit blank absentee ballots 
                by mail and electronically (in accordance with the 
                preferred method of transmission designated by the 
                individual with a disability under subparagraph (B)) to 
                individuals with disabilities for an election for 
                Federal office; and
                    ``(B) by which the individual with a disability can 
                designate whether the individual prefers that such 
                blank absentee ballot be transmitted by mail or 
                electronically.
            ``(2) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under paragraph (1)(B), the State shall transmit the 
        ballot by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
            ``(3) Application of methods to track delivery to and 
        return of ballot by individual requesting ballot.--Under the 
        procedures established under paragraph (1), the State shall 
        apply such methods as the State considers appropriate, such as 
        assigning a unique identifier to the ballot envelope, to ensure 
        that if an individual with a disability requests the State to 
        transmit a blank absentee ballot to the individual in 
        accordance with this subsection, the voted absentee ballot 
        which is returned by the individual is the same blank absentee 
        ballot which the State transmitted to the individual.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to allow a voter's ballot selections to be transmitted over 
the internet or to allow for the electronic submission of a marked 
ballot.
    ``(f) Individual With a Disability Defined.--In this section, an 
`individual with a disability' means an individual with an impairment 
that substantially limits any major life activities and who is 
otherwise qualified to vote in elections for Federal office.
    ``(g) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2022.''.
    (b) Conforming Amendment Relating to Issuance of Voluntary Guidance 
by Election Assistance Commission.--
            (1) Timing of issuance.--Section 311(b) of such Act (52 
        U.S.C. 21101(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 306, January 1, 2022.''.
            (2) Redesignation.--
                    (A) In general.--Title III of such Act (52 U.S.C. 
                21081 et seq.) is amended by redesignating sections 311 
                and 312 as sections 321 and 322, respectively.
                    (B) Conforming amendment.--Section 322(a) of such 
                Act, as redesignated by subparagraph (A), is amended by 
                striking ``section 312'' and inserting ``section 322''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c) and section 1056(b), is amended--
            (1) by redesignating the items relating to sections 306 and 
        307 as relating to sections 307 and 308, respectively; and
            (2) by inserting after the item relating to section 305 the 
        following new item:

``Sec. 306. Access to voter registration and voting for individuals 
                            with disabilities.''.

SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION 
              WEBSITES.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), and section 1101(a), is amended--
            (1) by redesignating sections 307 and 308 as sections 308 
        and 309, respectively; and
            (2) by inserting after section 306 the following:

``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION 
              WEBSITES.

    ``(a) In General.--Not later than January 1, 2023, each State shall 
establish a single election website that is accessible and meets the 
following requirements:
            ``(1) Local election officials.--The website shall provide 
        local election officials, poll workers, and volunteers with--
                    ``(A) guidance to ensure that polling places are 
                accessible for individuals with disabilities and older 
                individuals in a manner that provides the same 
                opportunity for access and participation (including 
                privacy and independence) as for other voters; and
                    ``(B) online training and resources on--
                            ``(i) how best to promote the access and 
                        participation of individuals with disabilities 
                        and older individuals in elections for public 
                        office; and
                            ``(ii) the voting rights and protections 
                        for individuals with disabilities and older 
                        individuals under State and Federal law.
            ``(2) Voters.--The website shall provide information about 
        voting, including--
                    ``(A) the accessibility of all polling places 
                within the State, including outreach programs to inform 
                individuals about the availability of accessible 
                polling places;
                    ``(B) how to register to vote and confirm voter 
                registration in the State;
                    ``(C) the location and operating hours of all 
                polling places in the State;
                    ``(D) the availability of aid or assistance for 
                individuals with disabilities and older individuals to 
                cast their vote in a manner that provides the same 
                opportunity for access and participation (including 
                privacy and independence) as for other voters at 
                polling places;
                    ``(E) the availability of transportation aid or 
                assistance to the polling place for individuals with 
                disabilities or older individuals;
                    ``(F) the rights and protections under State and 
                Federal law for individuals with disabilities and older 
                individuals to participate in elections; and
                    ``(G) how to contact State, local, and Federal 
                officials with complaints or grievances if individuals 
                with disabilities, older individuals, Native Americans, 
                Alaska Natives, and individuals with limited 
                proficiency in the English language feel their ability 
                to register to vote or vote has been blocked or 
                delayed.
    ``(b) Partnership With Outside Technical Organization.--The chief 
State election official of each State, through the committee of 
appropriate individuals under subsection (c)(2), shall partner with an 
outside technical organization with demonstrated experience in 
establishing accessible and easy to use accessible election websites 
to--
            ``(1) update an existing election website to make it fully 
        accessible in accordance with this section; or
            ``(2) develop an election website that is fully accessible 
        in accordance with this section.
    ``(c) State Plan.--
            ``(1) Development.--The chief State election official of 
        each State shall, through a committee of appropriate 
        individuals as described in paragraph (2), develop a State plan 
        that describes how the State and local governments will meet 
        the requirements under this section.
            ``(2) Committee membership.--The committee shall comprise 
        at least the following individuals:
                    ``(A) The chief election officials of the four most 
                populous jurisdictions within the State.
                    ``(B) The chief election officials of the four 
                least populous jurisdictions within the State.
                    ``(C) Representatives from two disability advocacy 
                groups, including at least one such representative who 
                is an individual with a disability.
                    ``(D) Representatives from two older individual 
                advocacy groups, including at least one such 
                representative who is an older individual.
                    ``(E) Representatives from two independent non-
                governmental organizations with expertise in 
                establishing and maintaining accessible websites.
                    ``(F) Representatives from two independent non-
                governmental voting rights organizations.
                    ``(G) Representatives from State protection and 
                advocacy systems as defined in section 102 of the 
                Developmental Disabilities Assistance and Bill of 
                Rights Act of 2000 (42 U.S.C. 15002).
    ``(d) Partnership To Monitor and Verify Accessibility.--The chief 
State election official of each eligible State, through the committee 
of appropriate individuals under subsection (c)(2), shall partner with 
at least two of the following organizations to monitor and verify the 
accessibility of the election website and the completeness of the 
election information and the accuracy of the disability information 
provided on such website:
            ``(1) University Centers for Excellence in Developmental 
        Disabilities Education, Research, and Services designated under 
        section 151(a) of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000 (42 U.S.C. 15061(a)).
            ``(2) Centers for Independent Living, as described in part 
        C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
        796f et seq.).
            ``(3) A State Council on Developmental Disabilities 
        described in section 125 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
            ``(4) State protection and advocacy systems as defined in 
        section 102 of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000 (42 U.S.C. 15002).
            ``(5) Statewide Independent Living Councils established 
        under section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 
        796d).
            ``(6) State Assistive Technology Act Programs.
            ``(7) A visual access advocacy organization.
            ``(8) An organization for the deaf.
            ``(9) A mental health organization.
    ``(e) Definitions.--For purposes of this section, section 305, and 
section 307:
            ``(1) Accessible.--The term `accessible' means--
                    ``(A) in the case of the election website under 
                subsection (a) or an electronic communication under 
                section 305--
                            ``(i) that the functions and content of the 
                        website or electronic communication, including 
                        all text, visual, and aural content, are as 
                        accessible to people with disabilities as to 
                        those without disabilities;
                            ``(ii) that the functions and content of 
                        the website or electronic communication are 
                        accessible to individuals with limited 
                        proficiency in the English language; and
                            ``(iii) that the website or electronic 
                        communication meets, at a minimum, conformance 
                        to Level AA of the Web Content Accessibility 
                        Guidelines 2.0 of the Web Accessibility 
                        Initiative (or any successor guidelines); and
                    ``(B) in the case of a facility (including a 
                polling place), that the facility is readily accessible 
                to and usable by individuals with disabilities and 
                older individuals, as determined under the 2010 ADA 
                Standards for Accessible Design adopted by the 
                Department of Justice (or any successor standards).
            ``(2) Individual with a disability.--The term `individual 
        with a disability' means an individual with a disability, as 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102), and who is otherwise qualified to vote 
        in elections for Federal office.
            ``(3) Older individual.--The term `older individual' means 
        an individual who is 60 years of age or older and who is 
        otherwise qualified to vote in elections for Federal office.
            ``(4) State.--The term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.''.
    (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b), is amended by 
striking ``section 306'' and inserting ``sections 306 and 307''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), and section 1101(c), is 
amended--
            (1) by redesignating the items relating to sections 307 and 
        308 as relating to sections 308 and 309, respectively; and
            (2) by inserting after the item relating to section 306 the 
        following new item:

``Sec. 307. Establishment and maintenance of accessible election 
                            websites.''.

SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH 
              DISABILITIES AND OLDER INDIVIDUALS.

    (a) Requirement.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1056(a), section 1101(a), and 
        section 1102(a), is amended--
                    (A) by redesignating sections 308 and 309 as 
                sections 309 and 310, respectively; and
                    (B) by inserting after section 307 the following:

``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND 
              OLDER INDIVIDUALS.

    ``(a) In General.--Each State shall--
            ``(1) ensure all polling places within the State are 
        accessible, as defined in section 306;
            ``(2) consider procedures to address long wait times at 
        polling places that allow individuals with disabilities and 
        older individuals alternate options to cast a ballot in person 
        in an election for Federal office, such as the option to cast a 
        ballot outside of the polling place or from a vehicle, or 
        providing an expedited voting line; and
            ``(3) consider options to establish `mobile polling sites' 
        to allow election officials or volunteers to travel to long-
        term care facilities and assist residents who request 
        assistance in casting a ballot in order to maintain the privacy 
        and independence of voters in these facilities.
    ``(b) Clarification.--Nothing in this section may be construed to 
alter the requirements under Federal law that all polling places for 
Federal elections are accessible to individuals with disabilities and 
older individuals.
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2024.''.
            (2) Voluntary guidance.--Section 321(b)(4) such Act (52 
        U.S.C. 21101(b)), as added and redesignated by section 1101(b) 
        and as amended by section 1102, is amended by striking ``and 
        307'' and inserting ``, 307, and 308''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1056(b), section 
        1101(c), and section 1102(c), is amended--
                    (A) by redesignating the items relating to sections 
                308 and 309 as relating to sections 309 and 310, 
                respectively; and
                    (B) by inserting after the item relating to section 
                307 the following new item:

``Sec. 308. Access to voting for individuals with disabilities and 
                            older individuals.''.
    (b) Revisions to Voting Accessibility for the Elderly and 
Handicapped Act.--
            (1) Reports to election assistance commission.--Section 
        3(c) of the Voting Accessibility for the Elderly and 
        Handicapped Act (52 U.S.C. 20102(c)) is amended--
                    (A) in the subsection heading, by striking 
                ``Federal Election Commission'' and inserting 
                ``Election Assistance Commission'';
                    (B) in each of paragraphs (1) and (2), by striking 
                ``Federal Election Commission'' and inserting 
                ``Election Assistance Commission''; and
                    (C) by striking paragraph (3).
            (2) Conforming amendments relating to references.--The 
        Voting Accessibility for the Elderly and Handicapped Act (52 
        U.S.C. 20101 et seq.), as amended by paragraph (1), is 
        amended--
                    (A) by striking ``handicapped and elderly 
                individuals'' each place it appears and inserting 
                ``individuals with disabilities and older 
                individuals'';
                    (B) by striking ``handicapped and elderly voters'' 
                each place it appears and inserting ``individuals with 
                disabilities and older individuals'';
                    (C) in section 3(b)(2)(B), by striking 
                ``handicapped or elderly voter'' and inserting 
                ``individual with a disability or older individual'';
                    (D) in section 5(b), by striking ``handicapped 
                voter'' and inserting ``individual with a disability''; 
                and
                    (E) in section 8--
                            (i) by striking paragraphs (1) and (2) and 
                        inserting the following:
            ``(1) `accessible' has the meaning given that term in 
        section 307 of the Help America Vote Act of 2002, as added by 
        section 1102(a) of the For the People Act of 2021;
            ``(2) `older individual' has the meaning given that term in 
        such section 307;''; and
                            (ii) by striking paragraph (4), and 
                        inserting the following:
            ``(4) `individual with a disability' has the meaning given 
        that term in such section 306; and''.
            (3) Short title amendment.--
                    (A) In general.--Section 1 of the ``Voting 
                Accessibility for the Elderly and Handicapped Act'' 
                (Public Law 98-435; 42 U.S.C. 1973ee note) is amended 
                by striking ``for the Elderly and Handicapped'' and 
                inserting ``for Individuals with Disabilities and Older 
                Individuals''.
                    (B) References.--Any reference in any other 
                provision of law, regulation, document, paper, or other 
                record of the United States to the ``Voting 
                Accessibility for the Elderly and Handicapped Act'' 
                shall be deemed to be a reference to the ``Voting 
                Accessibility for Individuals with Disabilities and 
                Older Individuals Act''.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2024, and apply to with respect 
        to elections for Federal office held on or after that date.

SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), section 1101(a), section 1102(a), and section 
1103(a)(1), is amended--
            (1) by redesignating sections 309 and 310 as sections 310 
        and 311, respectively; and
            (2) by inserting after section 308 the following:

``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.

    ``(a) In General.--A State shall not determine that an individual 
lacks the capacity to vote in an election for Federal office on the 
ground that the individual is subject to guardianship, unless a court 
of competent jurisdiction issues a court order finding by clear and 
convincing evidence that the individual cannot communicate, with or 
without accommodations, a desire to participate in the voting process.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2022.''.
    (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b) and as amended 
by sections 1102 and 1103, is amended by striking ``and 308'' and 
inserting ``308, and 309''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), section 1101(c), section 
1102(c), and section 1103(a)(3), is amended--
            (1) by redesignating the items relating to sections 309 and 
        310 as relating to sections 310 and 311, respectively; and
            (2) by inserting after the item relating to section 308 the 
        following new item:

``Sec. 309. Access to voting for individuals with disabilities and 
                            older individuals.''.

SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE 
              VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.

    (a) Purposes of Payments.--Section 261(b) of the Help America Vote 
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) 
and (2) and inserting the following:
            ``(1) making absentee voting and voting at home accessible 
        to individuals with the full range of disabilities (including 
        impairments involving vision, hearing, mobility, or dexterity) 
        through the implementation of accessible absentee voting 
        systems that work in conjunction with assistive technologies 
        for which individuals have access at their homes, independent 
        living centers, or other facilities;
            ``(2) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the 
        blind and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            ``(3) providing solutions to problems of access to voting 
        and elections for individuals with disabilities that are 
        universally designed and provide the same opportunities for 
        individuals with and without disabilities.''.
    (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 
21024(a)) is amended by adding at the end the following new paragraph:
            ``(4) For fiscal year 2022 and each succeeding fiscal year, 
        such sums as may be necessary to carry out this part.''.
    (c) Period of Availability of Funds.--Section 264 of such Act (52 
U.S.C. 21024) is amended--
            (1) in subsection (b), by striking ``Any amounts'' and 
        inserting ``Except as provided in subsection (b), any 
        amounts''; and
            (2) by adding at the end the following new subsection:
    ``(c) Return and Transfer of Certain Funds.--
            ``(1) Deadline for obligation and expenditure.--In the case 
        of any amounts appropriated pursuant to the authority of 
        subsection (a) for a payment to a State or unit of local 
        government for fiscal year 2022 or any succeeding fiscal year, 
        any portion of such amounts which have not been obligated or 
        expended by the State or unit of local government prior to the 
        expiration of the 4-year period which begins on the date the 
        State or unit of local government first received the amounts 
        shall be transferred to the Commission.
            ``(2) Reallocation of transferred amounts.--
                    ``(A) In general.--The Commission shall use the 
                amounts transferred under paragraph (1) to make 
                payments on a pro rata basis to each covered payment 
                recipient described in subparagraph (B), which may 
                obligate and expend such payment for the purposes 
                described in section 261(b) during the 1-year period 
                which begins on the date of receipt.
                    ``(B) Covered payment recipients described.--In 
                subparagraph (A), a `covered payment recipient' is a 
                State or unit of local government with respect to 
                which--
                            ``(i) amounts were appropriated pursuant to 
                        the authority of subsection (a); and
                            ``(ii) no amounts were transferred to the 
                        Commission under paragraph (1).''.

SEC. 1106. APPOINTMENTS TO EAC BOARD OF ADVISORS.

    (a) In General.--Section 214(a) of the Help America Vote Act of 
2002 (52 U.S.C. 20944(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``37'' and inserting ``61''; and
            (2) by adding at the end the following new paragraphs:
            ``(17) Two members appointed by the National Council on 
        Disability.
            ``(18) Two members appointed by the Assistant Secretary of 
        Health and Human Services for Aging.
            ``(19) Four members from organizations, whose executive 
        leadership team consists of fifty-one percent of individuals 
        with disabilities, representing the interests of voters with 
        disabilities, of whom--
                    ``(A) two members shall be appointed by the 
                Committee on House Administration of the House of 
                Representatives, of whom one shall be appointed by the 
                chair and one shall be appointed by the ranking 
                minority member; and
                    ``(B) two members shall be appointed by the 
                Committee on Rules and Administration of the Senate, of 
                whom one shall be appointed by the chair and one shall 
                be appointed by the ranking minority member.
            ``(20) Four members from organizations representing the 
        interests of older voters, of whom--
                    ``(A) two members shall be appointed by the 
                Committee on House Administration, of whom one shall be 
                appointed by the chair and one shall be appointed by 
                the ranking minority member; and
                    ``(B) two members shall be appointed by the 
                Committee on Rules and Administration of the Senate, of 
                whom one shall be appointed by the chair and one shall 
                be appointed by the ranking minority member.
            ``(21) Twelve members who are nationally recognized subject 
        matter experts regarding election integrity, having 
        specializations to include election cybersecurity, 
        authentication, accessibility, transparency, verification, and 
        auditing, and who are not full-time election officials, of 
        whom--
                    ``(A) two members shall be appointed by the 
                Cybersecurity and Infrastructure Security Agency;
                    ``(B) two members shall be appointed by the 
                National Science Foundation;
                    ``(C) two members shall be appointed by the 
                Institute for Defense Analyses;
                    ``(D) two members shall be appointed by the 
                Association for Computing Machinery;
                    ``(E) two members shall be appointed by the 
                National Association of State Chief Information 
                Officers;
                    ``(F) one member shall be appointed by the Center 
                for Internet Security; and
                    ``(G) one member shall be the Director of the 
                Elections Infrastructure Information Sharing and 
                Analysis Center, or the Director's designee.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2022.

SEC. 1107. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.

    (a) Inclusion of System Serving American Indian Consortium.--
Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21061(a)) is amended by striking ``of each State'' and inserting ``of 
each State and the eligible system serving the American Indian 
consortium (within the meaning of section 509(c)(1)(B) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''.
    (b) Grant Amount.--Section 291(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21061(b)) is amended--
            (1) by striking ``as set forth in subsections (c)(3)'' and 
        inserting ``as set forth in subsections (c)(1)(B) (regardless 
        of the fiscal year), (c)(3)''; and
            (2) by striking ``except that'' and all that follows and 
        inserting ``except that the amount of the grants to systems 
        referred to in subsection (c)(3)(B) of that section shall not 
        be less than $70,000 and the amount of the grants to systems 
        referred to in subsections (c)(1)(B) and (c)(4)(B) of that 
        section shall not be less than $35,000.''.
    (c) Definition.--Section 291 of the Help America Vote Act of 2002 
(52 U.S.C. 21061) is amended by adding at the end the following:
    ``(d) State.--In this section, the term `State' means--
            ``(1) a State as defined in section 901; and
            ``(2) the Commonwealth of the Northern Mariana Islands.''.

SEC. 1108. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO 
              REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT 
              RESIDENCES.

    (a) Establishment of Pilot Programs.--The Election Assistance 
Commission (hereafter referred to as the ``Commission'') shall, subject 
to the availability of appropriations to carry out this section, make 
grants to eligible States to conduct pilot programs under which 
individuals with disabilities may use electronic means (including the 
internet and telephones utilizing assistive devices) to register to 
vote and to request and receive absentee ballots in a manner which 
permits such individuals to do so privately and independently at their 
own residences.
    (b) Reports.--
            (1) In general.--A State receiving a grant for a year under 
        this section shall submit a report to the Commission on the 
        pilot programs the State carried out with the grant with 
        respect to elections for public office held in the State during 
        the year.
            (2) Deadline.--A State shall submit a report under 
        paragraph (1) not later than 90 days after the last election 
        for public office held in the State during the year.
    (c) Eligibility.--A State is eligible to receive a grant under this 
section if the State submits to the Commission, at such time and in 
such form as the Commission may require, an application containing such 
information and assurances as the Commission may require.
    (d) Timing.--The Commission shall make the first grants under this 
section for pilot programs which will be in effect with respect to 
elections for Federal office held in 2022, or, at the option of a 
State, with respect to other elections for public office held in the 
State in 2022.
    (e) State Defined.--In this section, the term ``State'' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands.

SEC. 1109. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS 
              WITH DISABILITIES.

    (a) Analysis.--The Comptroller General of the United States shall 
conduct an analysis after each regularly scheduled general election for 
Federal office with respect to the following:
            (1) In relation to polling places located in houses of 
        worship or other facilities that may be exempt from 
        accessibility requirements under the Americans with 
        Disabilities Act--
                    (A) efforts to overcome accessibility challenges 
                posed by such facilities; and
                    (B) the extent to which such facilities are used as 
                polling places in elections for Federal office.
            (2) Assistance provided by the Election Assistance 
        Commission, Department of Justice, or other Federal agencies to 
        help State and local officials improve voting access for 
        individuals with disabilities during elections for Federal 
        office.
            (3) When accessible voting machines are available at a 
        polling place, the extent to which such machines--
                    (A) are located in places that are difficult to 
                access;
                    (B) malfunction; or
                    (C) fail to provide sufficient privacy to ensure 
                that the ballot of the individual cannot be seen by 
                another individual.
            (4) The process by which Federal, State, and local 
        governments track compliance with accessibility requirements 
        related to voting access, including methods to receive and 
        address complaints.
            (5) The extent to which poll workers receive training on 
        how to assist individuals with disabilities, including the 
        receipt by such poll workers of information on legal 
        requirements related to voting rights for individuals with 
        disabilities.
            (6) The extent and effectiveness of training provided to 
        poll workers on the operation of accessible voting machines.
            (7) The extent to which individuals with a developmental or 
        psychiatric disability experience greater barriers to voting, 
        and whether poll worker training adequately addresses the needs 
        of such individuals.
            (8) The extent to which State or local governments employ, 
        or attempt to employ, individuals with disabilities to work at 
        polling sites.
    (b) Report.--
            (1) In general.--Not later than 9 months after the date of 
        a regularly scheduled general election for Federal office, the 
        Comptroller General shall submit to the appropriate 
        congressional committees a report with respect to the most 
        recent regularly scheduled general election for Federal office 
        that contains the following:
                    (A) The analysis required by subsection (a).
                    (B) Recommendations, as appropriate, to promote the 
                use of best practices used by State and local officials 
                to address barriers to accessibility and privacy 
                concerns for individuals with disabilities in elections 
                for Federal office.
            (2) Appropriate congressional committees.--For purposes of 
        this subsection, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on House Administration of the 
                House of Representatives;
                    (B) the Committee on Rules and Administration of 
                the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Appropriations of the Senate.

                  Subtitle C--Prohibiting Voter Caging

SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.

    (a) Definitions.--In this section--
            (1) the term ``voter caging document'' means--
                    (A) a non-forwardable document that is returned to 
                the sender or a third party as undelivered or 
                undeliverable despite an attempt to deliver such 
                document to the address of a registered voter or 
                applicant; or
                    (B) any document with instructions to an addressee 
                that the document be returned to the sender or a third 
                party but is not so returned, despite an attempt to 
                deliver such document to the address of a registered 
                voter or applicant, unless at least two Federal 
                election cycles have passed since the date of the 
                attempted delivery;
            (2) the term ``voter caging list'' means a list of 
        individuals compiled from voter caging documents; and
            (3) the term ``unverified match list'' means a list 
        produced by matching the information of registered voters or 
        applicants for voter registration to a list of individuals who 
        are ineligible to vote in the registrar's jurisdiction, by 
        virtue of death, conviction, change of address, or otherwise; 
        unless one of the pieces of information matched includes a 
        signature, photograph, or unique identifying number ensuring 
        that the information from each source refers to the same 
        individual.
    (b) Prohibition Against Voter Caging.--No State or local election 
official shall prevent an individual from registering or voting in any 
election for Federal office, or permit in connection with any election 
for Federal office a formal challenge under State law to an 
individual's registration status or eligibility to vote, if the basis 
for such decision is evidence consisting of--
            (1) a voter caging document or voter caging list;
            (2) an unverified match list;
            (3) an error or omission on any record or paper relating to 
        any application, registration, or other act requisite to 
        voting, if such error or omission is not material to an 
        individual's eligibility to vote under section 2004(a)(2)(B) of 
        the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
            (4) any other evidence so designated for purposes of this 
        section by the Election Assistance Commission,
except that the election official may use such evidence if it is 
corroborated by independent evidence of the individual's ineligibility 
to register or vote.
    (c) Requirements for Challenges by Persons Other Than Election 
Officials.--
            (1) Requirements for challenges.--No person, other than a 
        State or local election official, shall submit a formal 
        challenge to an individual's eligibility to register to vote in 
        an election for Federal office or to vote in an election for 
        Federal office unless that challenge is supported by personal 
        knowledge with respect to each individual challenged regarding 
        the grounds for ineligibility which is--
                    (A) documented in writing; and
                    (B) subject to an oath or attestation under penalty 
                of perjury that the challenger has a good faith factual 
                basis to believe that the individual who is the subject 
                of the challenge is ineligible to register to vote or 
                vote in that election, except a challenge which is 
                based on the age, race, ethnicity, or national origin 
                of the individual who is the subject of the challenge 
                may not be considered to have a good faith factual 
                basis for purposes of this paragraph.
            (2) Prohibition on challenges on or near date of 
        election.--No person, other than a State or local election 
        official, shall be permitted--
                    (A) to challenge an individual's eligibility to 
                vote in an election for Federal office on Election Day 
                on grounds that could have been made in advance of such 
                day, or
                    (B) to challenge an individual's eligibility to 
                register to vote in an election for Federal office or 
                to vote in an election for Federal office less than 10 
                days before the election unless the individual 
                registered to vote less than 20 days before the 
                election.
    (d) Enforcement.--
            (1) Civil enforcement.--
                    (A) In general.--The Attorney General may bring a 
                civil action in an appropriate district court for such 
                declaratory or injunctive relief as is necessary to 
                carry out this section.
                    (B) Private right of action.--
                            (i) In general.--A person who is aggrieved 
                        by a violation of this section may provide 
                        written notice of the violation to--
                                    (I) in the case of a violation of 
                                subsection (b), the chief election 
                                official of the State involved; and
                                    (II) in the case of a violation of 
                                subsection (c), the Attorney General.
                            (ii) Relief.--Except as provided in 
                        paragraph (3), if the violation is not 
                        corrected within 90 days after receipt of a 
                        notice under paragraph (1), or within 20 days 
                        after receipt of the notice if the violation 
                        occurred within 120 days before the date of an 
                        election for Federal office, the aggrieved 
                        person may, in a civil action, obtain 
                        declaratory or injunctive relief with respect 
                        to the violation.
                            (iii) Exception.--If the violation occurred 
                        within 30 days before the date of an election 
                        for Federal office, the aggrieved person need 
                        not provide notice under paragraph (1) before 
                        bringing a civil action to obtain declaratory 
                        or injunctive relief with respect to the 
                        violation.
            (2) Criminal penalty.--Whoever knowingly challenges the 
        eligibility of one or more individuals to register or vote or 
        knowingly causes the eligibility of such individuals to be 
        challenged in violation of this section with the intent that 
        one or more eligible voters be disqualified, shall be fined 
        under title 18, United States Code, or imprisoned not more than 
        1 year, or both, for each such violation. Each violation shall 
        be a separate offense.
    (e) No Effect on Related Laws.--Nothing in this section is intended 
to override the protections of the National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.).

SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING 
              VOTER CAGING.

    (a) Best Practices.--Not later than 180 days after the date of the 
enactment of this Act, the Election Assistance Commission, in 
consultation with the Department of Justice, shall develop and publish 
for the use of States recommendations for best practices to deter and 
prevent violations of section 1201, including practices to provide for 
the posting of relevant information at polling places and voter 
registration agencies, the training of poll workers and election 
officials, and relevant educational measures. For purposes of this 
subsection, the term ``State'' includes the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the United States 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
    (b) Inclusion in Voting Information Requirements.--Section 
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), 
as amended by section 1072(b), is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) information relating to the prohibition 
                against voter caging and other questionable challenges 
                (as set forth in section 1201 of the For the People Act 
                of 2021), including information on how individuals may 
                report allegations of violations of such 
                prohibition.''.

   Subtitle D--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Deceptive Practices and Voter 
Intimidation Prevention Act of 2021''.

SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) Prohibition.--Subsection (b) of section 2004 of the Revised 
Statutes (52 U.S.C. 10101(b)) is amended--
            (1) by striking ``No person'' and inserting the following:
            ``(1) In general.--No person''; and
            (2) by inserting at the end the following new paragraphs:
            ``(2) False statements regarding federal elections.--
                    ``(A) Prohibition.--No person, whether acting under 
                color of law or otherwise, shall, within 60 days before 
                an election described in paragraph (5), by any means, 
                including by means of written, electronic, or 
                telephonic communications, communicate or cause to be 
                communicated information described in subparagraph (B), 
                or produce information described in subparagraph (B) 
                with the intent that such information be communicated, 
                if such person--
                            ``(i) knows such information to be 
                        materially false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in paragraph (5).
                    ``(B) Information described.--Information is 
                described in this subparagraph if such information is 
                regarding--
                            ``(i) the time, place, or manner of holding 
                        any election described in paragraph (5); or
                            ``(ii) the qualifications for or 
                        restrictions on voter eligibility for any such 
                        election, including--
                                    ``(I) any criminal, civil, or other 
                                legal penalties associated with voting 
                                in any such election; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility.
            ``(3) False statements regarding public endorsements.--
                    ``(A) Prohibition.--No person, whether acting under 
                color of law or otherwise, shall, within 60 days before 
                an election described in paragraph (5), by any means, 
                including by means of written, electronic, or 
                telephonic communications, communicate, or cause to be 
                communicated, a materially false statement about an 
                endorsement, if such person--
                            ``(i) knows such statement to be false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in paragraph (5).
                    ``(B) Definition of `materially false'.--For 
                purposes of subparagraph (A), a statement about an 
                endorsement is `materially false' if, with respect to 
                an upcoming election described in paragraph (5)--
                            ``(i) the statement states that a 
                        specifically named person, political party, or 
                        organization has endorsed the election of a 
                        specific candidate for a Federal office 
                        described in such paragraph; and
                            ``(ii) such person, political party, or 
                        organization has not endorsed the election of 
                        such candidate.
            ``(4) Hindering, interfering with, or preventing voting or 
        registering to vote.--No person, whether acting under color of 
        law or otherwise, shall intentionally hinder, interfere with, 
        or prevent another person from voting, registering to vote, or 
        aiding another person to vote or register to vote in an 
        election described in paragraph (5), including by operating a 
        polling place or ballot box that falsely purports to be an 
        official location established for such an election by a unit of 
        government.
            ``(5) Election described.--An election described in this 
        paragraph is any general, primary, runoff, or special election 
        held solely or in part for the purpose of nominating or 
        electing a candidate for the office of President, Vice 
        President, Presidential elector, Member of the Senate, Member 
        of the House of Representatives, or Delegate or Commissioner 
        from a Territory or possession.''.
    (b) Private Right of Action.--
            (1) In general.--Subsection (c) of section 2004 of the 
        Revised Statutes (52 U.S.C. 10101(c)) is amended--
                    (A) by striking ``Whenever any person'' and 
                inserting the following:
            ``(1) In general.--Whenever any person''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Civil action.--Any person aggrieved by a violation of 
        this section may institute a civil action for preventive 
        relief, including an application in a United States district 
        court for a permanent or temporary injunction, restraining 
        order, or other order. In any such action, the court, in its 
        discretion, may allow the prevailing party a reasonable 
        attorney's fee as part of the costs.''.
            (2) Conforming amendments.--Section 2004 of the Revised 
        Statutes (52 U.S.C. 10101) is amended--
                    (A) in subsection (e), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''; and
                    (B) in subsection (g), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''.
    (c) Criminal Penalties.--
            (1) Deceptive acts.--Section 594 of title 18, United States 
        Code, is amended--
                    (A) by striking ``Whoever'' and inserting the 
                following:
    ``(a) Intimidation.--Whoever'';
                    (B) in subsection (a), as inserted by subparagraph 
                (A), by striking ``at any election'' and inserting ``at 
                any general, primary, runoff, or special election''; 
                and
                    (C) by adding at the end the following new 
                subsections:
    ``(b) Deceptive Acts.--
            ``(1) False statements regarding federal elections.--
                    ``(A) Prohibition.--It shall be unlawful for any 
                person, whether acting under color of law or otherwise, 
                within 60 days before an election described in 
                subsection (e), by any means, including by means of 
                written, electronic, or telephonic communications, to 
                communicate or cause to be communicated information 
                described in subparagraph (B), or produce information 
                described in subparagraph (B) with the intent that such 
                information be communicated, if such person--
                            ``(i) knows such information to be 
                        materially false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in subsection 
                        (e).
                    ``(B) Information described.--Information is 
                described in this subparagraph if such information is 
                regarding--
                            ``(i) the time or place of holding any 
                        election described in subsection (e); or
                            ``(ii) the qualifications for or 
                        restrictions on voter eligibility for any such 
                        election, including--
                                    ``(I) any criminal, civil, or other 
                                legal penalties associated with voting 
                                in any such election; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $100,000, imprisoned for not more than 5 
        years, or both.
    ``(c) Hindering, Interfering With, or Preventing Voting or 
Registering To Vote.--
            ``(1) Prohibition.--It shall be unlawful for any person, 
        whether acting under color of law or otherwise, to corruptly 
        hinder, interfere with, or prevent another person from voting, 
        registering to vote, or aiding another person to vote or 
        register to vote in an election described in subsection (e).
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $100,000, imprisoned for not more than 5 
        years, or both.
    ``(d) Attempt.--Any person who attempts to commit any offense 
described in subsection (a), (b)(1), or (c)(1) shall be subject to the 
same penalties as those prescribed for the offense that the person 
attempted to commit.
    ``(e) Election Described.--An election described in this subsection 
is any general, primary, runoff, or special election held solely or in 
part for the purpose of nominating or electing a 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) Modification of penalty for voter intimidation.--
        Section 594(a) of title 18, United States Code, as amended by 
        paragraph (1), is amended by striking ``fined under this title 
        or imprisoned not more than one year'' and inserting ``fined 
        not more than $100,000, imprisoned for not more than 5 years''.
            (3) Sentencing guidelines.--
                    (A) Review and amendment.--Not later than 180 days 
                after the date of enactment of this Act, the United 
                States Sentencing Commission, pursuant to its authority 
                under section 994 of title 28, United States Code, and 
                in accordance with this section, shall review and, if 
                appropriate, amend the Federal sentencing guidelines 
                and policy statements applicable to persons convicted 
                of any offense under section 594 of title 18, United 
                States Code, as amended by this section.
                    (B) Authorization.--The United States Sentencing 
                Commission may amend the Federal Sentencing Guidelines 
                in accordance with the procedures set forth in section 
                21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 
                note) as though the authority under that section had 
                not expired.
            (4) Payments for refraining from voting.--Subsection (c) of 
        section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) 
        is amended by striking ``either for registration to vote or for 
        voting'' and inserting ``for registration to vote, for voting, 
        or for not voting''.

SEC. 1303. CORRECTIVE ACTION.

    (a) Corrective Action.--
            (1) In general.--If the Attorney General receives a 
        credible report that materially false information has been or 
        is being communicated in violation of paragraphs (2) and (3) of 
        section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), 
        as added by section 1302(a), and if the Attorney General 
        determines that State and local election officials have not 
        taken adequate steps to promptly communicate accurate 
        information to correct the materially false information, the 
        Attorney General shall, pursuant to the written procedures and 
        standards under subsection (b), communicate to the public, by 
        any means, including by means of written, electronic, or 
        telephonic communications, accurate information designed to 
        correct the materially false information.
            (2) Communication of corrective information.--Any 
        information communicated by the Attorney General under 
        paragraph (1)--
                    (A) shall--
                            (i) be accurate and objective;
                            (ii) consist of only the information 
                        necessary to correct the materially false 
                        information that has been or is being 
                        communicated; and
                            (iii) to the extent practicable, be by a 
                        means that the Attorney General determines will 
                        reach the persons to whom the materially false 
                        information has been or is being communicated; 
                        and
                    (B) shall not be designed to favor or disfavor any 
                particular candidate, organization, or political party.
    (b) Written Procedures and Standards for Taking Corrective 
Action.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall publish 
        written procedures and standards for determining when and how 
        corrective action will be taken under this section.
            (2) Inclusion of appropriate deadlines.--The procedures and 
        standards under paragraph (1) shall include appropriate 
        deadlines, based in part on the number of days remaining before 
        the upcoming election.
            (3) Consultation.--In developing the procedures and 
        standards under paragraph (1), the Attorney General shall 
        consult with the Election Assistance Commission, State and 
        local election officials, civil rights organizations, voting 
        rights groups, voter protection groups, and other interested 
        community organizations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
carry out this subtitle.

SEC. 1304. REPORTS TO CONGRESS.

    (a) In General.--Not later than 180 days after each general 
election for Federal office, the Attorney General shall submit to 
Congress a report compiling all allegations received by the Attorney 
General of deceptive practices described in paragraphs (2), (3), and 
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 
added by section 1302(a), relating to the general election for Federal 
office and any primary, runoff, or a special election for Federal 
office held in the 2 years preceding the general election.
    (b) Contents.--
            (1) In general.--Each report submitted under subsection (a) 
        shall include--
                    (A) a description of each allegation of a deceptive 
                practice described in subsection (a), including the 
                geographic location, racial and ethnic composition, and 
                language minority-group membership of the persons 
                toward whom the alleged deceptive practice was 
                directed;
                    (B) the status of the investigation of each 
                allegation described in subparagraph (A);
                    (C) a description of each corrective action taken 
                by the Attorney General under section 4(a) in response 
                to an allegation described in subparagraph (A);
                    (D) a description of each referral of an allegation 
                described in subparagraph (A) to other Federal, State, 
                or local agencies;
                    (E) to the extent information is available, a 
                description of any civil action instituted under 
                section 2004(c)(2) of the Revised Statutes (52 U.S.C. 
                10101(c)(2)), as added by section 1302(b), in 
                connection with an allegation described in subparagraph 
                (A); and
                    (F) a description of any criminal prosecution 
                instituted under section 594 of title 18, United States 
                Code, as amended by section 1302(c), in connection with 
                the receipt of an allegation described in subparagraph 
                (A) by the Attorney General.
            (2) Exclusion of certain information.--
                    (A) In general.--The Attorney General shall not 
                include in a report submitted under subsection (a) any 
                information protected from disclosure by rule 6(e) of 
                the Federal Rules of Criminal Procedure or any Federal 
                criminal statute.
                    (B) Exclusion of certain other information.--The 
                Attorney General may determine that the following 
                information shall not be included in a report submitted 
                under subsection (a):
                            (i) Any information that is privileged.
                            (ii) Any information concerning an ongoing 
                        investigation.
                            (iii) Any information concerning a criminal 
                        or civil proceeding conducted under seal.
                            (iv) Any other nonpublic information that 
                        the Attorney General determines the disclosure 
                        of which could reasonably be expected to 
                        infringe on the rights of any individual or 
                        adversely affect the integrity of a pending or 
                        future criminal investigation.
    (c) Report Made Public.--On the date that the Attorney General 
submits the report under subsection (a), the Attorney General shall 
also make the report publicly available through the internet and other 
appropriate means.

                   Subtitle E--Democracy Restoration

SEC. 1401. SHORT TITLE.

    This subtitle may be cited as the ``Democracy Restoration Act of 
2021''.

SEC. 1402. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is the most basic constitutive act of 
        citizenship. Regaining the right to vote reintegrates 
        individuals with criminal convictions into free society, 
        helping to enhance public safety.
            (2) Article I, section 4, of the Constitution grants 
        Congress ultimate supervisory power over Federal elections, an 
        authority which has repeatedly been upheld by the United States 
        Supreme Court.
            (3) Basic constitutional principles of fairness and equal 
        protection require an equal opportunity for citizens of the 
        United States to vote in Federal elections. The right to vote 
        may not be abridged or denied by the United States or by any 
        State on account of race, color, gender, or previous condition 
        of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th 
        Amendments to the Constitution empower Congress to enact 
        measures to protect the right to vote in Federal elections. The 
        8th Amendment to the Constitution provides for no excessive 
        bail to be required, nor excessive fines imposed, nor cruel and 
        unusual punishments inflicted.
            (4) There are 3 areas in which discrepancies in State laws 
        regarding criminal convictions lead to unfairness in Federal 
        elections--
                    (A) the lack of a uniform standard for voting in 
                Federal elections leads to an unfair disparity and 
                unequal participation in Federal elections based solely 
                on where a person lives;
                    (B) laws governing the restoration of voting rights 
                after a criminal conviction vary throughout the country 
                and persons in some States can easily regain their 
                voting rights while in other States persons effectively 
                lose their right to vote permanently; and
                    (C) State disenfranchisement laws 
                disproportionately impact racial and ethnic minorities.
            (5) State disenfranchisement laws vary widely. Two States 
        (Maine and Vermont) and the Commonwealth of Puerto Rico do not 
        disenfranchise individuals with criminal convictions at all. In 
        2020, the District of Columbia re-enfranchised its citizens who 
        are under the supervision of the Federal Bureau of Prisons. In 
        30 States, individuals with convictions may not vote while they 
        are on parole and 28 of those States disenfranchise individuals 
        on felony probation as well. In 11 States, a conviction can 
        result in lifetime disenfranchisement.
            (6) Several States deny the right to vote to individuals 
        convicted of certain misdemeanors.
            (7) In 2020, an estimated 5,200,000 citizens of the United 
        States, or about 1 in 44 adults in the United States, could not 
        vote as a result of a felony conviction. Of the 5,200,000 
        citizens barred from voting then, only 24 percent were in 
        prison. By contrast, 75 percent of persons disenfranchised then 
        resided in their communities while on probation or parole or 
        after having completed their sentences. Approximately 2,200,000 
        citizens who had completed their sentences were disenfranchised 
        due to restrictive State laws. As of November 2018, the 
        lifetime ban for persons with certain felony convictions was 
        eliminated through a Florida ballot initiative. As a result, as 
        many as 1,400,000 people are now eligible to have their voting 
        rights restored. In 4 States--Alabama, Florida, Mississippi, 
        and Tennessee--more than 7 percent of the total population is 
        disenfranchised.
            (8) In those States that disenfranchise individuals post-
        sentence, the right to vote can be regained in theory, but in 
        practice this possibility is often granted in a non-uniform and 
        potentially discriminatory manner. Disenfranchised individuals 
        sometimes must either obtain a pardon or an order from the 
        Governor or an action by the parole or pardon board, depending 
        on the offense and State. Individuals convicted of a Federal 
        offense often have additional barriers to regaining voting 
        rights.
            (9) Many felony disenfranchisement laws today derive 
        directly from post-Civil War efforts to stifle the Fourteenth 
        and Fifteenth Amendments. Between 1865 and 1880, at least 14 
        states--Alabama, Arkansas, Colorado, Florida, Georgia, 
        Illinois, Mississippi, Missouri, Nebraska, New York, North 
        Carolina, South Carolina, Tennessee, and Texas--enacted or 
        expanded their felony disenfranchisement laws. One of the 
        primary goals of these laws was to prevent African Americans 
        from voting. Of the states that enacted or expanded their 
        felony disenfranchisement laws during this post-Civil War 
        period, at least 11 continue to preclude persons on felony 
        probation or parole from voting.
            (10) Latino citizens are also disproportionately 
        disenfranchised based upon their disproportionate 
        representation in the criminal justice system. In recent years, 
        Latinos have been imprisoned at 2.5 times the rate of Whites. 
        More than 2 percent of the voting-age Latino population, or 
        560,000 Latinos, are disenfranchised due to a felony 
        conviction. In 34 states Latinos are disenfranchised at a 
        higher rate than the general population. In 11 states 4 percent 
        or more of Latino adults are disenfranchised due to a felony 
        conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 
        percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 
        percent; Minnesota, 4 percent; Mississippi, 5 percent; 
        Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 
        percent), twice the national average for Latinos.
            (11) Disenfranchising citizens who have been convicted of a 
        criminal offense and who are living and working in the 
        community serves no compelling State interest and hinders their 
        rehabilitation and reintegration into society.
            (12) State disenfranchisement laws can suppress electoral 
        participation among eligible voters by discouraging voting 
        among family and community members of disenfranchised persons. 
        Future electoral participation by the children of 
        disenfranchised parents may be impacted as well. Models of 
        successful re-entry for persons convicted of a crime emphasize 
        the importance of community ties, feeling vested and 
        integrated, and prosocial attitudes. Individuals with criminal 
        convictions who succeed in avoiding recidivism are typically 
        more likely to see themselves as law-abiding members of the 
        community. Restoration of voting rights builds those qualities 
        and facilitates reintegration into the community. That is why 
        allowing citizens with criminal convictions who are living in a 
        community to vote is correlated with a lower likelihood of 
        recidivism. Restoration of voting rights thus reduces violence 
        and protects public safety.
            (13) The United States is one of the only Western 
        democracies that permits the permanent denial of voting rights 
        for individuals with felony convictions.
            (14) The Eighth Amendment's prohibition on cruel and 
        unusual punishments ``guarantees individuals the right not to 
        be subjected to excessive sanctions.'' (Roper v. Simmons, 543 
        U.S. 551, 560 (2005)). That right stems from the basic precept 
        of justice ``that punishment for crime should be graduated and 
        proportioned to [the] offense.'' Id. (quoting Weems v. United 
        States, 217 U.S. 349, 367 (1910)). As the Supreme Court has 
        long recognized, ``[t]he concept of proportionality is central 
        to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59 
        (2010)). Many State disenfranchisement laws are grossly 
        disproportional to the offenses that lead to disenfranchisement 
        and thus violate the bar on cruel and unusual punishments. For 
        example, a number of states mandate lifetime disenfranchisement 
        for a single felony conviction or just two felony convictions, 
        even where the convictions were for non-violent offenses. In 
        numerous other States, disenfranchisement can last years or 
        even decades while individuals remain on probation or parole, 
        often only because a person cannot pay their legal financial 
        obligations. These kinds of extreme voting bans run afoul of 
        the Eighth Amendment.
            (15) The Twenty-Fourth Amendment provides that the right to 
        vote ``shall not be denied or abridged by the United States or 
        any State by reason of failure to pay any poll tax or other 
        tax.''. Section 2 of the Twenty-Fourth Amendment gives Congress 
        the power to enforce this article by appropriate legislation. 
        Court fines and fees that individuals must pay to have their 
        voting rights restored constitute an ``other tax'' for purposes 
        of the Twenty-Fourth Amendment. At least five States explicitly 
        require the payment of fines and fees before individuals with 
        felony convictions can have their voting rights restored. More 
        than 20 other states effectively tie the right to vote to the 
        payment of fines and fees, by requiring that individuals 
        complete their probation or parole before their rights are 
        restored. In these States, the non-payment of fines and fees is 
        a basis on which probation or parole can be extended. Moreover, 
        these states sometimes do not record the basis on which an 
        individual's probation or parole was extended, making it 
        impossible to determine from the State's records whether non-
        payment of fines and fees is the reason that an individual 
        remains on probation or parole. For these reasons, the only way 
        to ensure that States do not deny the right to vote based 
        solely on non-payment of fines and fees is to prevent States 
        from conditioning voting rights on the completion of probation 
        or parole.

SEC. 1403. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to 
vote in any election for Federal office shall not be denied or abridged 
because that individual has been convicted of a criminal offense unless 
such individual is serving a felony sentence in a correctional 
institution or facility at the time of the election.

SEC. 1404. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action, 
obtain such declaratory or injunctive relief as is necessary to remedy 
a violation of this subtitle.
    (b) Private Right of Action.--
            (1) In general.--A person who is aggrieved by a violation 
        of this subtitle may provide written notice of the violation to 
        the chief election official of the State involved.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 90 days after receipt of a 
        notice under paragraph (1), or within 20 days after receipt of 
        the notice if the violation occurred within 120 days before the 
        date of an election for Federal office, the aggrieved person 
        may, in a civil action, obtain declaratory or injunctive relief 
        with respect to the violation.
            (3) Exception.--If the violation occurred within 30 days 
        before the date of an election for Federal office, the 
        aggrieved person need not provide notice to the chief election 
        official of the State under paragraph (1) before bringing a 
        civil action to obtain declaratory or injunctive relief with 
        respect to the violation.

SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall--
                    (A) notify in writing any individual who has been 
                convicted of a criminal offense under the law of that 
                State that such individual--
                            (i) has the right to vote in an election 
                        for Federal office pursuant to the Democracy 
                        Restoration Act of 2021; and
                            (ii) may register to vote in any such 
                        election; and
                    (B) provide such individual with any materials that 
                are necessary to register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a State court.
    (b) Federal Notification.--
            (1) Notification.--Any individual who has been convicted of 
        a criminal offense under Federal law--
                    (A) shall be notified in accordance with paragraph 
                (2) that such individual--
                            (i) has the right to vote in an election 
                        for Federal office pursuant to the Democracy 
                        Restoration Act of 2021; and
                            (ii) may register to vote in any such 
                        election; and
                    (B) shall be provided with any materials that are 
                necessary to register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given--
                            (i) in the case of an individual who is 
                        sentenced to serve only a term of probation, by 
                        the Assistant Director for the Office of 
                        Probation and Pretrial Services of the 
                        Administrative Office of the United States 
                        Courts on the date on which the individual is 
                        sentenced; or
                            (ii) in the case of any individual 
                        committed to the custody of the Bureau of 
                        Prisons, by the Director of the Bureau of 
                        Prisons, during the period beginning on the 
                        date that is 6 months before such individual is 
                        released and ending on the date such individual 
                        is released from the custody of the Bureau of 
                        Prisons.
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a court established by an Act of Congress.

SEC. 1406. DEFINITIONS.

    For purposes of this subtitle:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 1407. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this subtitle 
may be construed to prohibit the States from enacting any State law 
which affords the right to vote in any election for Federal office on 
terms less restrictive than those established by this subtitle.
    (b) Certain Federal Acts.--The rights and remedies established by 
this subtitle--
            (1) are in addition to all other rights and remedies 
        provided by law, and
            (2) shall not supersede, restrict, or limit the application 
        of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or 
        the National Voter Registration Act of 1993 (52 U.S.C. 20501 et 
        seq.).

SEC. 1408. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, or other place 
of incarceration, any Federal funds unless that person has in effect a 
program under which each individual incarcerated in that person's 
jurisdiction who is a citizen of the United States is notified, upon 
release from such incarceration, of that individual's rights under 
section 1403.

SEC. 1409. EFFECTIVE DATE.

    This subtitle shall apply to citizens of the United States voting 
in any election for Federal office held after the date of the enactment 
of this Act.

 Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

SEC. 1501. SHORT TITLE.

    This subtitle may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2021''.

SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
            ``(2) Paper ballot requirement.--
                    ``(A) Voter-verifiable paper ballots.--
                            ``(i) Paper ballot requirement.--(I) The 
                        voting system shall require the use of an 
                        individual, durable, voter-verifiable paper 
                        ballot of the voter's vote selections that 
                        shall be marked by the voter and presented to 
                        the voter for physical verification before the 
                        voter's ballot is preserved in accordance with 
                        clause (ii), and which shall be counted by hand 
                        or other counting device or read by a ballot 
                        tabulation device. For purposes of this 
                        subclause, the term `individual, durable, 
                        voter-verifiable paper ballot' means a paper 
                        ballot marked by the voter by hand or a paper 
                        ballot marked through the use of a 
                        nontabulating ballot marking device or system, 
                        so long as the voter shall have the option at 
                        every in-person voting location to mark by hand 
                        a printed ballot that includes all relevant 
                        contests and candidates.
                            ``(II) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verifiable paper ballot is preserved in 
                        accordance with clause (ii).
                            ``(III) The voting system shall not 
                        preserve the voter-verifiable paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        selections.
                            ``(IV) The voting system shall prevent, 
                        through mechanical means or through 
                        independently verified protections, the 
                        modification or addition of vote selections on 
                        a printed or marked ballot at any time after 
                        the voter has been provided an opportunity to 
                        correct errors on the ballot pursuant to 
                        subclause (II).
                            ``(ii) Preservation as official record.--
                        The individual, durable, voter-verifiable paper 
                        ballot used in accordance with clause (i) shall 
                        constitute the official ballot and shall be 
                        preserved and used as the official ballot for 
                        purposes of any recount or audit conducted with 
                        respect to any election for Federal office in 
                        which the voting system is used.
                            ``(iii) Manual counting requirements for 
                        recounts and audits.--(I) Each paper ballot 
                        used pursuant to clause (i) shall be suitable 
                        for a manual audit, and such ballots, or at 
                        least those ballots the machine could not 
                        count, shall be counted by hand in any recount 
                        or audit conducted with respect to any election 
                        for Federal office.
                            ``(II) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verifiable paper ballots used pursuant to 
                        clause (i), and subject to subparagraph (B), 
                        the individual, durable, voter-verifiable paper 
                        ballots shall be the true and correct record of 
                        the votes cast.
                            ``(iv) Application to all ballots.--The 
                        requirements of this subparagraph shall apply 
                        to all ballots cast in elections for Federal 
                        office, including ballots cast by absent 
                        uniformed services voters and overseas voters 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act and other absentee voters.
                            ``(v) Sense of congress.--It is the sense 
                        of Congress that as innovation occurs in the 
                        election infrastructure sector, Congress should 
                        ensure that this Act and other Federal 
                        requirements for voting systems are updated to 
                        keep pace with best practices and 
                        recommendations for security and accessibility.
                    ``(B) Special rule for treatment of disputes when 
                paper ballots have been shown to be compromised.--
                            ``(i) In general.--In the event that--
                                    ``(I) there is any inconsistency 
                                between any electronic vote tallies and 
                                the vote tallies determined by counting 
                                by hand the individual, durable, voter-
                                verifiable paper ballots used pursuant 
                                to subparagraph (A)(i) with respect to 
                                any election for Federal office; and
                                    ``(II) it is demonstrated by clear 
                                and convincing evidence (as determined 
                                in accordance with the applicable 
                                standards in the jurisdiction involved) 
                                in any recount, audit, or contest of 
                                the result of the election that the 
                                paper ballots have been compromised (by 
                                damage or mischief or otherwise) and 
                                that a sufficient number of the ballots 
                                have been so compromised that the 
                                result of the election could be 
                                changed,
                        the determination of the appropriate remedy 
                        with respect to the election shall be made in 
                        accordance with applicable State and Federal 
                        law, except that the electronic tally shall not 
                        be used as the exclusive basis for determining 
                        the official certified result.
                            ``(ii) Rule for consideration of ballots 
                        associated with each voting machine.--For 
                        purposes of clause (i), only the paper ballots 
                        deemed compromised, if any, shall be considered 
                        in the calculation of whether or not the result 
                        of the election could be changed due to the 
                        compromised paper ballots.''.
    (b) Conforming Amendment Clarifying Applicability of Alternative 
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ``(including the paper ballots 
required to be used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 
U.S.C. 21081(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Paragraph (3) of section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as 
follows:
            ``(3) Accessibility for individuals with disabilities.--
                    ``(A) In general.--The voting system shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access and participation (including privacy and 
                        independence) as for other voters;
                            ``(ii)(I) ensure that individuals with 
                        disabilities and others are given an equivalent 
                        opportunity to vote, including with privacy and 
                        independence, in a manner that produces a 
                        voter-verifiable paper ballot; and
                            ``(II) satisfy the requirement of clause 
                        (i) through the use at in-person polling 
                        locations of a sufficient number (not less than 
                        one) of voting systems equipped to serve 
                        individuals with and without disabilities, 
                        including nonvisual and enhanced visual 
                        accessibility for the blind and visually 
                        impaired, and nonmanual and enhanced manual 
                        accessibility for the mobility and dexterity 
                        impaired; and
                            ``(iii) if purchased with funds made 
                        available under title II on or after January 1, 
                        2007, meet the voting system standards for 
                        disability access (as outlined in this 
                        paragraph).
                    ``(B) Means of meeting requirements.--A voting 
                system may meet the requirements of subparagraph (A)(i) 
                and paragraph (2)(A) by--
                            ``(i) allowing the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote tabulation or 
                        auditing;
                            ``(ii) allowing the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot;
                            ``(iii) marking ballots that are identical 
                        in size, ink, and paper stock to those ballots 
                        that would either be marked by hand or be 
                        marked by a ballot marking device made 
                        generally available to voters; and
                            ``(iv) combining ballots produced by any 
                        ballot marking devices reserved for individuals 
                        with disabilities with ballots that have either 
                        been marked by voters by hand or marked by 
                        ballot marking devices made generally available 
                        to voters, in a way that prevents 
                        identification of the ballots that were cast 
                        using any ballot marking device that was 
                        reserved for individuals with disabilities.
                    ``(C) Sufficient number.--For purposes of 
                subparagraph (A)(ii)(II), the sufficient number of 
                voting systems for any in-person polling location shall 
                be determined based on guidance from the Attorney 
                General, in consultation with the Architectural and 
                Transportation Barriers Compliance Board established 
                under section 502(a)(1) of the Rehabilitation Act of 
                1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the 
                United States Access Board) and the Commission.''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Voting Options.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

    ``(a) Grants to Study and Report.--The Commission, in coordination 
with the Access Board and the Cybersecurity and Infrastructure Security 
Agency, shall make grants to not fewer than 2 eligible entities to 
study, test, and develop--
            ``(1) accessible and secure remote voting systems;
            ``(2) voting, verification, and casting devices to enhance 
        the accessibility of voting and verification for individuals 
        with disabilities; or
            ``(3) both of the matters described in paragraph (1) and 
        (2).
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            ``(1) a certification that the entity shall complete the 
        activities carried out with the grant not later than January 1, 
        2024; and
            ``(2) such other information and certifications as the 
        Commission may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Commission shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Commission 
determine necessary to provide for the advancement of accessible voting 
technology.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $10,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible voting options.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act with respect to the 
accessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Commission shall 
include and apply the same accessibility standards applicable under the 
voluntary guidance adopted for accessible voting systems under such 
subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems To 
Support Actions To Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verifiable 
                        paper ballots required to be used under this 
                        Act shall be marked or printed on durable 
                        paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verifiable 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by a 
                ballot tabulation device or other device equipped for 
                individuals with disabilities.''.

SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the best ways to design ballots used in elections for public 
office, including paper ballots and electronic or digital ballots, to 
minimize confusion and user errors.
    (b) Report.--Not later than January 1, 2022, the Election 
Assistance Commission shall submit to Congress a report on the study 
conducted under subsection (a).

SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 1504, is further amended by adding at 
the end the following new paragraph:
            ``(8) Printing requirements for ballots.--To the extent 
        practical, all paper ballots used in an election for Federal 
        office shall be printed in the United States on paper 
        manufactured in the United States.''.

SEC. 1507. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by sections 1504 and 1506, is further amended by 
adding at the end the following new paragraph:
            ``(9) Prohibition of use of wireless communications devices 
        in systems or devices.--No system or device upon which ballot 
        marking devices or ballot tabulation devices are configured, 
        upon which ballots are marked by voters (except as necessary 
        for individuals with disabilities to use ballot marking devices 
        that meet the accessibility requirements of paragraph (3)), or 
        upon which votes are cast, tabulated, or aggregated shall 
        contain, use, or be accessible by any wireless, power-line, or 
        concealed communication device.
            ``(10) Prohibiting connection of system to the internet.--
        No system or device upon which ballot marking devices or ballot 
        tabulation devices are configured, upon which ballots are 
        marked by voters, or upon which votes are cast, tabulated, or 
        aggregated shall be connected to the internet or any non-local 
        computer system via telephone or other communication network at 
        any time.''.

SEC. 1508. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State or 
                jurisdiction pursuant to the amendments made by the 
                Voter Confidence and Increased Accessibility Act of 
                2021 shall apply with respect to voting systems used 
                for any election for Federal office held in 2022 or any 
                succeeding year.
                    ``(B) Delay for jurisdictions using certain paper 
                record printers or certain systems using or producing 
                voter-verifiable paper records in 2020.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2022' were a reference to `the 
                        applicable year', but only with respect to the 
                        following requirements of this section:
                                    ``(I) Paragraph (2)(A)(i)(I) of 
                                subsection (a) (relating to the use of 
                                voter-verifiable paper ballots).
                                    ``(II) Paragraph (7) of subsection 
                                (a) (relating to durability and 
                                readability requirements for ballots).
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter-verifiable 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i)(I) and (7) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2021), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2020; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Applicable year.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the term 
                                `applicable year' means 2026.
                                    ``(II) Extension.--If a State or 
                                jurisdiction certifies to the 
                                Commission not later than January 1, 
                                2026, that the State or jurisdiction 
                                will not meet the requirements 
                                described in subclauses (I) and (II) of 
                                clause (i) by such date because it 
                                would be impractical to do so and 
                                includes in the certification the 
                                reasons for the failure to meet the 
                                deadline, the term `applicable year' 
                                means 2030.
                            ``(iv) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank printed paper ballot which the 
                                individual may mark by hand and which 
                                is not produced by the direct recording 
                                electronic voting machine or other such 
                                system. The official shall provide the 
                                individual with the ballot and the 
                                supplies necessary to mark the ballot, 
                                and shall ensure (to the greatest 
                                extent practicable) that the waiting 
                                period for the individual to cast a 
                                vote is the lesser of 30 minutes or the 
                                average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a 
                                printed blank paper ballot. The notice 
                                shall take into consideration factors 
                                including the linguistic preferences of 
                                voters in the jurisdiction.
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank printed 
                                paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period in which the delay is 
                                in effect under clause (i).
                    ``(C) Delay for certain jurisdictions using voting 
                systems with wireless communication devices or internet 
                connections.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2022' were a reference to `the 
                        applicable year', but only with respect to the 
                        following requirements of this section.
                                    ``(I) Paragraph (9) of subsection 
                                (a) (relating to prohibition of 
                                wireless communication devices)
                                    ``(II) Paragraph (10) of subsection 
                                (a) (relating to prohibition of 
                                connecting systems to the internet)
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used a voting system 
                                which is not in compliance with 
                                paragraphs (9) or (10) of subsection 
                                (a) (as amended or added by the Voter 
                                Confidence and Increased Accessibility 
                                Act of 2021) for the administration of 
                                the regularly scheduled general 
                                election for Federal office held in 
                                November 2020; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Applicable year.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the term 
                                `applicable year' means 2026.
                                    ``(II) Extension.--If a State or 
                                jurisdiction certifies to the 
                                Commission not later than January 1, 
                                2026, that the State or jurisdiction 
                                will not meet the requirements 
                                described in subclauses (I) and (II) of 
                                clause (i) by such date because it 
                                would be impractical to do so and 
                                includes in the certification the 
                                reasons for the failure to meet the 
                                deadline, the term `applicable year' 
                                means 2030.''.

                    Subtitle G--Provisional Ballots

SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT 
              OF UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(52 U.S.C. 21082) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Counting of Provisional Ballots.--
            ``(1) In general.--For purposes of subsection (a)(4), if a 
        provisional ballot is cast within the same county in which the 
        voter is registered or otherwise eligible to vote, then 
        notwithstanding the precinct or polling place at which a 
        provisional ballot is cast within the county, the appropriate 
        election official of the jurisdiction in which the individual 
        is registered or otherwise eligible to vote shall count each 
        vote on such ballot for each election in which the individual 
        who cast such ballot is eligible to vote.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall prohibit a State or jurisdiction from counting a 
        provisional ballot which is cast in a different county within 
        the State than the county in which the voter is registered or 
        otherwise eligible to vote.
            ``(3) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.
    ``(e) Uniform and Nondiscriminatory Standards.--
            ``(1) In general.--Consistent with the requirements of this 
        section, each State shall establish uniform and 
        nondiscriminatory standards for the issuance, handling, and 
        counting of provisional ballots.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.''.
    (b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C. 
21082(f)), as redesignated by subsection (a), is amended by striking 
``Each State'' and inserting ``Except as provided in subsections (d)(3) 
and (e)(2), each State''.

                        Subtitle H--Early Voting

SEC. 1611. EARLY VOTING.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), section 1101(a), section 1102(a), section 1103(a), and 
section 1104(a), is amended--
            (1) by redesignating sections 310 and 311 as sections 311 
        and 312, respectively; and
            (2) by inserting after section 309 the following new 
        section:

``SEC. 310. EARLY VOTING.

    ``(a) Requiring Voting Prior to Date of Election.--Each State shall 
allow individuals to vote in an election for Federal office during an 
early voting period which occurs prior to the date of the election, in 
a manner that allows the individual to receive, complete, and cast 
their ballot in-person.
    ``(b) Minimum Early Voting Requirements.--
            ``(1) In general.--
                    ``(A) Length of period.--The early voting period 
                required under this subsection with respect to an 
                election shall consist of a period of consecutive days 
                (including weekends) which begins on the 15th day 
                before the date of the election (or, at the option of 
                the State, on a day prior to the 15th day before the 
                date of the election) and ends no earlier than the 
                second day before the date of the election.
                    ``(B) Hours for early voting.--Each polling place 
                which allows voting during an early voting period under 
                subparagraph (A) shall--
                            ``(i) allow such voting for no less than 10 
                        hours on each day during the period;
                            ``(ii) have uniform hours each day for 
                        which such voting occurs; and
                            ``(iii) allow such voting to be held for 
                        some period of time prior to 9:00 a.m (local 
                        time) and some period of time after 5:00 p.m. 
                        (local time).
            ``(2) Requirements for vote-by-mail jurisdictions.--In the 
        case of a jurisdiction that sends every registered voter a 
        ballot by mail--
                    ``(A) paragraph (1) shall not apply;
                    ``(B) such jurisdiction shall allow eligible 
                individuals to vote during an early voting period that 
                ensures voters are provided the greatest opportunity to 
                cast ballots ahead of election day and which includes 
                at least one consecutive Saturday and Sunday; and
                    ``(C) each polling place which allows voting during 
                an early voting period under subparagraph (B) shall 
                allow such voting--
                            ``(i) during the election office's regular 
                        business hours; and
                            ``(ii) for a period of not less than 8 
                        hours on Saturdays and Sundays included in the 
                        early voting period.
            ``(3) Requirements for small jurisdictions.--
                    ``(A) In general.--In the case of a jurisdiction 
                described in subparagraph (B)--
                            ``(i) paragraph (1)(B) shall not apply; and
                            ``(ii) each polling place which allows 
                        voting during the early voting period described 
                        in paragraph (1)(A) shall allow such voting--
                                    ``(I) during the election office's 
                                regular business hours; and
                                    ``(II) for a period of not less 
                                than 8 hours on Saturdays and Sundays 
                                included in the early voting period.
                    ``(B) Jurisdiction described.--A jurisdiction is 
                described in this subparagraph if such jurisdiction--
                            ``(i) had less than 3,000 registered voters 
                        at the time of the most recent prior election 
                        for Federal office; and
                            ``(ii) consists of a geographic area that 
                        is smaller than the jurisdiction of the county 
                        in which such jurisdiction is located.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to limit the availability of additional 
                temporary voting sites which provide voters more 
                opportunities to cast their ballots but which do not 
                meet the requirements of this subsection;
                    ``(B) to limit a polling place from being open for 
                additional hours outside of the uniform hours set for 
                the polling location on any day of the early voting 
                period; or
                    ``(C) to limit a State or jurisdiction from 
                offering early voting on the Monday before election 
                day.
    ``(c) Location of Polling Places.--
            ``(1) Proximity to public transportation.--To the greatest 
        extent practicable, each State and jurisdiction shall ensure 
        that each polling place which allows voting during an early 
        voting period under subsection (b) is located within walking 
        distance of a stop on a public transportation route.
            ``(2) Availability in rural areas.--In the case of a 
        jurisdiction that includes a rural area, the State or 
        jurisdiction shall--
                    ``(A) ensure that polling places which allow voting 
                during an early voting period under subsection (b) will 
                be located in such rural areas; and
                    ``(B) ensure that such polling places are located 
                in communities which will provide the greatest 
                opportunity for residents of rural areas to vote during 
                the early voting period.
            ``(3) College campuses.--In the case of a jurisdiction that 
        includes an institution of higher education, the State or 
        jurisdiction shall--
                    ``(A) ensure that an appropriate number of polling 
                places which allow voting during the early voting 
                period under subsection (b) will be located on the 
                campus of the institution of higher education; and
                    ``(B) ensure that such polling places provide the 
                greatest opportunity for residents of the jurisdiction 
                to vote.
    ``(d) Standards.--Not later than June 30, 2022, the Commission 
shall issue voluntary standards for the administration of voting during 
voting periods which occur prior to the date of a Federal election. 
Subject to subsection (c), such voluntary standards shall include the 
nondiscriminatory geographic placement of polling places at which such 
voting occurs.
    ``(e) Ballot Processing and Scanning Requirements.--
            ``(1) In general.--Each State or jurisdiction shall begin 
        processing and scanning ballots cast during in-person early 
        voting for tabulation not later than the date that is 14 days 
        prior to the date of the election involved, except that a State 
        may begin processing and scanning ballots cast during in-person 
        early voting for tabulation after such date if the date on 
        which the State begins such processing and scanning ensures, to 
        the greatest extent practical, that ballots cast before the 
        date of the election are processed and scanned before the date 
        of the election.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to permit a State to tabulate ballots in an 
                election before the closing of the polls on the date of 
                the election unless such tabulation is a necessary 
                component of preprocessing in the State and is 
                performed in accordance with existing State law; or
                    ``(B) to permit an official to make public any 
                results of tabulation and processing before the closing 
                of the polls on the date of the election.
    ``(f) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Conforming Amendments Relating to Issuance of Voluntary 
Guidance by Election Assistance Commission.--Section 321(b) of such Act 
(52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), 
is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) except as provided in paragraph (4), in the case of 
        the recommendations with respect to any section added by the 
        For the People Act of 2021, June 30, 2022.''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), section 1101(c), section 
1102(c), section 1103(a), and section 1104(c), is amended--
            (1) by redesignating the items relating to sections 310 and 
        311 as relating to sections 311 and 312, respectively; and
            (2) by inserting after the item relating to section 309 the 
        following new item:

``Sec. 310. Early voting.''.

                       Subtitle I--Voting by Mail

SEC. 1621. VOTING BY MAIL.

    (a) In General.--
            (1) Requirements.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1056(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), and section 1611(a), 
        is amended--
                    (A) by redesignating sections 311 and 312 as 
                sections 312 and 313, respectively; and
                    (B) by inserting after section 310 the following 
                new section:

``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

    ``(a) Uniform Availability of Absentee Voting to All Voters.--
            ``(1) In general.--If an individual in a State is eligible 
        to cast a vote in an election for Federal office, the State may 
        not impose any additional conditions or requirements on the 
        eligibility of the individual to cast the vote in such election 
        by absentee ballot by mail.
            ``(2) Administration of voting by mail.--
                    ``(A) Prohibiting identification requirement as 
                condition of obtaining ballot.--A State may not require 
                an individual to provide any form of identification as 
                a condition of obtaining an absentee ballot, except 
                that nothing in this subparagraph may be construed to 
                prevent a State from requiring--
                            ``(i) identifying information as part of a 
                        voter registration application (including the 
                        voter's date of birth or the last four digits 
                        of the voter's social security number); or
                            ``(ii) a signature of the individual or 
                        similar affirmation as a condition of obtaining 
                        an absentee ballot.
                    ``(B) Prohibiting requirement to provide 
                notarization or witness signature as condition of 
                obtaining or casting ballot.--A State may not require 
                notarization or witness signature or other formal 
                authentication (other than voter attestation) as a 
                condition of obtaining or casting an absentee ballot, 
                except that nothing in this subparagraph may be 
                construed to prohibit a State from enforcing a law 
                which has a witness signature requirement for a ballot 
                where a voter oath is attested to with a mark rather 
                than a voter's signature.
            ``(3) No effect on identification requirements for first-
        time voters registering by mail.--Nothing in this subsection 
        may be construed to exempt any individual described in 
        paragraph (1) of section 303(b) from meeting the requirements 
        of paragraph (2) of such section or to exempt an individual 
        described in paragraph (5)(A) of section 303(b) from meeting 
        the requirements of paragraph (5)(B).
    ``(b) Due Process Requirements for States Requiring Signature 
Verification.--
            ``(1) Requirement.--
                    ``(A) In general.--A State may not impose a 
                signature verification requirement as a condition of 
                accepting and counting a mail-in ballot or absentee 
                ballot submitted by any individual with respect to an 
                election for Federal office unless the State meets the 
                due process requirements described in paragraph (2).
                    ``(B) Signature verification requirement 
                described.--In this subsection, a `signature 
                verification requirement' is a requirement that an 
                election official verify the identification of an 
                individual by comparing the individual's signature on 
                the mail-in ballot or absentee ballot with the 
                individual's signature on the official list of 
                registered voters in the State or another official 
                record or other document used by the State to verify 
                the signatures of voters.
            ``(2) Due process requirements.--
                    ``(A) Notice and opportunity to cure discrepancy in 
                signatures.--If an individual submits a mail-in ballot 
                or an absentee ballot and the appropriate State or 
                local election official determines that a discrepancy 
                exists between the signature on such ballot and the 
                signature of such individual on the official list of 
                registered voters in the State or other official record 
                or document used by the State to verify the signatures 
                of voters, such election official, prior to making a 
                final determination as to the validity of such ballot, 
                shall--
                            ``(i) as soon as practical, but no later 
                        than the next business day after such 
                        determination is made, make a good faith effort 
                        to notify the individual by mail, telephone, 
                        and (if available) text message and electronic 
                        mail that--
                                    ``(I) a discrepancy exists between 
                                the signature on such ballot and the 
                                signature of the individual on the 
                                official list of registered voters in 
                                the State or other official record or 
                                document used by the State to verify 
                                the signatures of voters; and
                                    ``(II) if such discrepancy is not 
                                cured prior to the expiration of the 
                                third day following the State's 
                                deadline for receiving mail-in ballots 
                                or absentee ballots, such ballot will 
                                not be counted; and
                            ``(ii) cure such discrepancy and count the 
                        ballot if, prior to the expiration of the third 
                        day following the State's deadline for 
                        receiving mail-in ballots or absentee ballots, 
                        the individual provides the official with 
                        information to cure such discrepancy, either in 
                        person, by telephone, or by electronic methods.
                    ``(B) Notice and opportunity to cure missing 
                signature or other defect.--If an individual submits a 
                mail-in ballot or an absentee ballot without a 
                signature or submits a mail-in ballot or an absentee 
                ballot with another defect which, if left uncured, 
                would cause the ballot to not be counted, the 
                appropriate State or local election official, prior to 
                making a final determination as to the validity of the 
                ballot, shall--
                            ``(i) as soon as practical, but no later 
                        than the next business day after such 
                        determination is made, make a good faith effort 
                        to notify the individual by mail, telephone, 
                        and (if available) text message and electronic 
                        mail that--
                                    ``(I) the ballot did not include a 
                                signature or has some other defect; and
                                    ``(II) if the individual does not 
                                provide the missing signature or cure 
                                the other defect prior to the 
                                expiration of the third day following 
                                the State's deadline for receiving 
                                mail-in ballots or absentee ballots, 
                                such ballot will not be counted; and
                            ``(ii) count the ballot if, prior to the 
                        expiration of the third day following the 
                        State's deadline for receiving mail-in ballots 
                        or absentee ballots, the individual provides 
                        the official with the missing signature on a 
                        form proscribed by the State or cures the other 
                        defect.
                This subparagraph does not apply with respect to a 
                defect consisting of the failure of a ballot to meet 
                the applicable deadline for the acceptance of the 
                ballot, as described in subsection (e).
                    ``(C) Other requirements.--
                            ``(i) In general.--An election official may 
                        not make a determination that a discrepancy 
                        exists between the signature on a mail-in 
                        ballot or an absentee ballot and the signature 
                        of the individual who submits the ballot on the 
                        official list of registered voters in the State 
                        or other official record or other document used 
                        by the State to verify the signatures of voters 
                        unless--
                                    ``(I) at least 2 election officials 
                                make the determination;
                                    ``(II) each official who makes the 
                                determination has received training in 
                                procedures used to verify signatures; 
                                and
                                    ``(III) of the officials who make 
                                the determination, at least one is 
                                affiliated with the political party 
                                whose candidate received the most votes 
                                in the most recent statewide election 
                                for Federal office held in the State 
                                and at least one is affiliated with the 
                                political party whose candidate 
                                received the second most votes in the 
                                most recent statewide election for 
                                Federal office held in the State.
                            ``(ii) Exception.--Clause (i)(III) shall 
                        not apply to any State in which, under a law 
                        that is in effect continuously on and after the 
                        date of enactment of this section, 
                        determinations regarding signature 
                        discrepancies are made by election officials 
                        who are not affiliated with a political party.
            ``(3) Report.--
                    ``(A) In general.--Not later than 120 days after 
                the end of a Federal election cycle, each chief State 
                election official shall submit to the Commission a 
                report containing the following information for the 
                applicable Federal election cycle in the State:
                            ``(i) The number of ballots invalidated due 
                        to a discrepancy under this subsection.
                            ``(ii) Description of attempts to contact 
                        voters to provide notice as required by this 
                        subsection.
                            ``(iii) Description of the cure process 
                        developed by such State pursuant to this 
                        subsection, including the number of ballots 
                        determined valid as a result of such process.
                    ``(B) Submission to congress.--Not later than 10 
                days after receiving a report under subparagraph (A), 
                the Commission shall transmit such report to Congress.
                    ``(C) Federal election cycle defined.--For purposes 
                of this subsection, the term `Federal election cycle' 
                means, with respect to any regularly scheduled election 
                for Federal office, the period beginning on the day 
                after the date of the preceding regularly scheduled 
                general election for Federal office and ending on the 
                date of such regularly scheduled general election.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to prohibit a State from rejecting a ballot 
                attempted to be cast in an election for Federal office 
                by an individual who is not eligible to vote in the 
                election; or
                    ``(B) to prohibit a State from providing an 
                individual with more time and more methods for curing a 
                discrepancy in the individual's signature, providing a 
                missing signature, or curing any other defect than the 
                State is required to provide under this subsection.
    ``(c) Applications for Absentee Ballots.--
            ``(1) In general.--In addition to such other methods as the 
        State may establish for an individual to apply for an absentee 
        ballot, each State shall permit an individual to submit an 
        application for an absentee ballot online.
            ``(2) Treatment of websites.--A State shall be considered 
        to meet the requirements of paragraph (1) if the website of the 
        appropriate State or local election official allows an 
        application for an absentee ballot to be completed and 
        submitted online and if the website permits the individual--
                    ``(A) to print the application so that the 
                individual may complete the application and return it 
                to the official; or
                    ``(B) to request that a paper copy of the 
                application be transmitted to the individual by mail or 
                electronic mail so that the individual may complete the 
                application and return it to the official.
            ``(3) Ensuring delivery prior to election.--
                    ``(A) In general.--If an individual who is eligible 
                to vote in an election for Federal office submits an 
                application for an absentee ballot in the election and 
                such application is received by the appropriate State 
                or local election official not later than the date that 
                is 5 days before the applicable date, the election 
                official shall ensure that the ballot and related 
                voting materials are promptly mailed to the individual.
                    ``(B) Applications received close to election 
                day.--If an individual who is eligible to vote in an 
                election for Federal office submits an application for 
                an absentee ballot in the election and such application 
                is received by the appropriate State or local election 
                official after the date described in subparagraph (A) 
                but not later than the applicable date, the election 
                official shall, to the greatest extent practical, 
                ensure that the ballot and related voting materials are 
                mailed to the individual within 1 business day of the 
                receipt of the application.
                    ``(C) Applicable date.--For purposes of this 
                paragraph, the term `applicable date' means, with 
                respect to any election for Federal office, the date 
                that is 7 days (excluding Saturdays, Sundays, and legal 
                public holidays) before the date of the election.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall preclude a State or local jurisdiction 
                from allowing for the acceptance and processing of 
                absentee ballot applications submitted or received 
                after the applicable date.
            ``(4) Application for all future elections.--At the option 
        of an individual, a State shall treat the individual's 
        application to vote by absentee ballot by mail in an election 
        for Federal office as an application for an absentee ballot by 
        mail in all subsequent Federal elections held in the State.
    ``(d) Accessibility for Individuals With Disabilities.--Each State 
shall ensure that all absentee ballot applications, absentee ballots, 
and related voting materials in elections for Federal office are 
accessible to individuals with disabilities in a manner that provides 
the same opportunity for access and participation (including with 
privacy and independence) as for other voters.
    ``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
            ``(1) In general.--A State or local election official may 
        not refuse to accept or process a ballot submitted by an 
        individual by mail with respect to an election for Federal 
        office in the State on the grounds that the individual did not 
        meet a deadline for returning the ballot to the appropriate 
        State or local election official if--
                    ``(A) the ballot is postmarked or otherwise 
                indicated by the United States Postal Service to have 
                been mailed on or before the date of the election, or 
                has been signed by the voter on or before the date of 
                the election; and
                    ``(B) the ballot is received by the appropriate 
                election official prior to the expiration of the 7-day 
                period which begins on the date of the election.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit a State from having a law that 
        allows for counting of ballots in an election for Federal 
        office that are received through the mail after the date that 
        is 7 days after the date of the election.
    ``(f) Alternative Methods of Returning Ballots.--
            ``(1) In general.--In addition to permitting an individual 
        to whom a ballot in an election was provided under this section 
        to return the ballot to an election official by mail, each 
        State shall permit the individual to cast the ballot by 
        delivering the ballot at such times and to such locations as 
        the State may establish, including--
                    ``(A) permitting the individual to deliver the 
                ballot to a polling place within the jurisdiction in 
                which the individual is registered or otherwise 
                eligible to vote on any date on which voting in the 
                election is held at the polling place; and
                    ``(B) permitting the individual to deliver the 
                ballot to a designated ballot drop-off location, a 
                tribally designated building, or the office of a State 
                or local election official.
            ``(2) Permitting voters to designate other person to return 
        ballot.--A State--
                    ``(A) shall permit a voter to designate any person 
                to return a voted and sealed absentee ballot to the 
                post office, a ballot drop-off location, tribally 
                designated building, or election office so long as the 
                person designated to return the ballot does not receive 
                any form of compensation based on the number of ballots 
                that the person has returned and no individual, group, 
                or organization provides compensation on this basis; 
                and
                    ``(B) may not put any limit on how many voted and 
                sealed absentee ballots any designated person can 
                return to the post office, a ballot drop-off location, 
                tribally designated building, or election office.
    ``(g) Ballot Processing and Scanning Requirements.--
            ``(1) In general.--Each State or jurisdiction shall begin 
        processing and scanning ballots cast by mail for tabulation not 
        later than the date that is 14 days prior to the date of the 
        election involved, except that a State may begin processing and 
        scanning ballots cast by mail for tabulation after such date if 
        the date on which the State begins such processing and scanning 
        ensures, to the greatest extent practical, that ballots cast 
        before the date of the election are processed and scanned 
        before the date of the election.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to permit a State to tabulate ballots in an 
                election before the closing of the polls on the date of 
                the election unless such tabulation is a necessary 
                component of preprocessing in the State and is 
                performed in accordance with existing State law; or
                    ``(B) to permit an official to make public any 
                results of tabulation and processing before the closing 
                of the polls on the date of the election.
    ``(h) Prohibiting Certain Restrictions on Access to Voting 
Materials.--
            ``(1) Distribution of absentee ballot applications by third 
        parties.--A State may not prohibit any person from providing an 
        application for an absentee ballot in the election to any 
        individual who is eligible to vote in the election.
            ``(2) Unsolicited provision of voter registration 
        applications by election officials.--A State may not prohibit 
        an election official from providing an unsolicited application 
        to register to vote in an election for Federal office to any 
        individual who is eligible to register to vote in the election.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of States to conduct elections for 
Federal office through the use of polling places at which individuals 
cast ballots.
    ``(j) No Effect on Ballots Submitted by Absent Military and 
Overseas Voters.--Nothing in this section may be construed to affect 
the treatment of any ballot submitted by an individual who is entitled 
to vote by absentee ballot under the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20301 et seq.).
    ``(k) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
            (2) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1056(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), and 
        section 1611(c), is amended--
                    (A) by redesignating the items relating to sections 
                311 and 312 as relating to sections 312 and 313, 
                respectively; and
                    (B) by inserting after the item relating to section 
                310 the following new item:

``Sec. 311. Promoting ability of voters to vote by mail.''.
    (b) Same-day Processing of Absentee Ballots.--
            (1) In general.--Chapter 34 of title 39, United States 
        Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
    ``(a) In General.--The Postal Service shall ensure, to the maximum 
extent practicable, that any ballot carried by the Postal Service is 
processed by and cleared from any postal facility or post office on the 
same day that the ballot is received by that facility or post office.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `ballot' means any ballot transmitted by a 
        voter by mail in an election for Federal office, but does not 
        include any ballot covered by section 3406; and
            ``(2) the term `election for Federal office' means a 
        general, special, primary, or runoff election for the office of 
        President or Vice President, or of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 34 of title 39, United States Code, is 
        amended by adding at the end the following:

``3407. Same-day processing of ballots.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to absentee ballots relating to an election for 
        Federal office occurring on or after January 1, 2022.
    (c) Development of Alternative Verification Methods.--
            (1) Development of standards.--The National Institute of 
        Standards, in consultation with the Election Assistance 
        Commission, shall develop standards for the use of alternative 
        methods which could be used in place of signature verification 
        requirements for purposes of verifying the identification of an 
        individual voting by mail-in or absentee ballot in elections 
        for Federal office.
            (2) Public notice and comment.--The National Institute of 
        Standards shall solicit comments from the public in the 
        development of standards under paragraph (1).
            (3) Deadline.--Not later than 2 years after the date of the 
        enactment of this Act, the National Institute of Standards 
        shall publish the standards developed under paragraph (1).

SEC. 1622. BALLOTING MATERIALS TRACKING PROGRAM.

    (a) In General.--
            (1) Requirements.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1056(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1611(a), and 
        section 1621(a), is amended--
                    (A) by redesignating sections 312 and 313 as 
                sections 313 and 314, respectively; and
                    (B) by inserting after section 311 the following 
                new section:

``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.

    ``(a) Requirement.--Each State shall carry out a program to track 
and confirm the receipt of mail-in ballots and absentee ballots in an 
election for Federal office under which the State or local election 
official responsible for the receipt of such voted ballots in the 
election carries out procedures to track and confirm the receipt of 
such ballots, and makes information on the receipt of such ballots 
available to the individual who cast the ballot.
    ``(b) Means of Carrying Out Program.--A State may meet the 
requirements of subsection (a)--
            ``(1) through a program--
                    ``(A) which is established by the State;
                    ``(B) under which the State or local election 
                official responsible for the receipt of voted mail-in 
                ballots and voted absentee ballots in the election--
                            ``(i) carries out procedures to track and 
                        confirm the receipt of such ballots; and
                            ``(ii) makes information on the receipt of 
                        such ballots available to the individual who 
                        cast the ballot; and
                    ``(C) which meets the requirements of subsection 
                (c); or
            ``(2) through the ballot materials tracking service 
        established under section 1622(b) of the For the People Act of 
        2021.
    ``(c) State Program Requirements.--The requirements of this 
subsection are as follows:
            ``(1) Information on whether vote was accepted.--The 
        information referred to under subsection (b)(1)(B)(ii) with 
        respect to the receipt of mail-in ballot or an absentee ballot 
        shall include information regarding whether the vote cast on 
        the ballot was accepted, and, in the case of a vote which was 
        rejected, the reasons therefor.
            ``(2) Availability of information.--Information on whether 
        a ballot was accepted or rejected shall be available within 1 
        business day of the State accepting or rejecting the ballot.
            ``(3) Accessibility of information.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the information provided under the 
                program shall be available by means of online access 
                using the internet site of the State or local election 
                office.
                    ``(B) Use of toll-free telephone number by 
                officials without internet site.--In the case of a 
                State or local election official whose office does not 
                have an internet site, the program shall require the 
                official to establish a toll-free telephone number that 
                may be used by an individual who cast an absentee 
                ballot to obtain the information required under 
                subsection (b)(1)(B).
    ``(d) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2024 and each succeeding election for Federal office.''.
            (2) Conforming amendments.--Section 102 of the Uniformed 
        and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) 
        is amended by striking subsection (h) and redesignating 
        subsection (i) as subsection (h).
    (b) Balloting Materials Tracking Service.--
            (1) In general.--Not later than January 1, 2024, the 
        Secretary of Homeland Security, in consultation with the Chair 
        of the Election Assistance Commission, the Postmaster General, 
        the Director of the General Services Administration, the 
        Presidential designee, and State election officials, shall 
        establish a balloting materials tracking service to be used by 
        State and local jurisdictions to inform voters on the status of 
        voter registration applications, absentee ballot applications, 
        absentee ballots, and mail-in ballots.
            (2) Information tracked.--The balloting materials tracking 
        service established under paragraph (1) shall provide to a 
        voter the following information with respect to that voter:
                    (A) In the case of balloting materials sent by 
                mail, tracking information from the United States 
                Postal Service and the Presidential designee on 
                balloting materials sent to the voter and, to the 
                extent feasible, returned by the voter.
                    (B) The date on which any request by the voter for 
                an application for voter registration or an absentee 
                ballot was received.
                    (C) The date on which any such requested 
                application was sent to the voter.
                    (D) The date on which any such completed 
                application was received from the voter and the status 
                of such application.
                    (E) The date on which any mail-in ballot or 
                absentee ballot was sent to the voter.
                    (F) The date on which any mail-in ballot or 
                absentee ballot was received by the voter.
                    (G) The date on which the post office processes the 
                ballot.
                    (H) The date on which post office delivered the 
                ballot to the election office.
                    (I) Whether such ballot was accepted and counted, 
                and in the case of any ballot not counted, the reason 
                why the ballot was not counted.
        The information described in subparagraph (I) shall be 
        available not later than 1 day after a determination is made on 
        whether or not to accept and count the ballot.
            (3) Method of providing information.--The balloting 
        materials tracking service established under paragraph (1) 
        shall allow voters the option to receive the information 
        described in paragraph (2) through email (or other electronic 
        means) or through the mail.
            (4) Prohibition on fees.--The Director may not charge any 
        fee to a State or jurisdiction for use of the balloting 
        materials tracking service in connection with any Federal, 
        State, or local election.
            (5) Presidential designee.--For purposes of this 
        subsection, the term ``Presidential designee'' means the 
        Presidential designee under section 101(a) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (52 U.S.C. 30201).
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the Director such sums as are necessary 
        for purposes of carrying out this subsection.
    (c) Reimbursement for Costs Incurred by States in Establishing 
Program.--Subtitle D of title II of the Help America Vote Act of 2002 
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following 
new part:

     ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN 
 ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

    ``(a) Payments for Costs of Program.--In accordance with this 
section, the Commission shall make a payment to a State to reimburse 
the State for the costs incurred in establishing the absentee ballot 
tracking program under section 312(b)(1) (including costs incurred 
prior to the date of the enactment of this part).
    ``(b) Certification of Compliance and Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission a statement containing--
                    ``(A) a certification that the State has 
                established an absentee ballot tracking program with 
                respect to elections for Federal office held in the 
                State; and
                    ``(B) a statement of the costs incurred by the 
                State in establishing the program.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the costs incurred 
        by the State in establishing the absentee ballot tracking 
        program, as set forth in the statement submitted under 
        paragraph (1), except that such amount may not exceed the 
        product of--
                    ``(A) the number of jurisdictions in the State 
                which are responsible for operating the program; and
                    ``(B) $3,000.
            ``(3) Limit on number of payments received.--A State may 
        not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to 
the Commission for fiscal year 2022 and each succeeding fiscal year 
such sums as may be necessary for payments under this part.
    ``(b) Continuing Availability of Funds.--Any amounts appropriated 
pursuant to the authorization under this section shall remain available 
until expended.''.
    (d) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), 1056(b), section 1101(c), section 1102(c), 
section 1103(a), section 1104(c), section 1611(c), and section 1621(a), 
is amended--
            (1) by adding at the end of the items relating to subtitle 
        D of title II the following:

     ``PART 7--Payments to Reimburse States for Costs Incurred in 
 Establishing Program to Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
            (2) by redesignating the items relating to sections 312 and 
        313 as relating to sections 313 and 314, respectively; and
            (3) by inserting after the item relating to section 311 the 
        following new item:

``Sec. 312. Absentee ballot tracking program.''.

SEC. 1623. ELECTION MAIL AND DELIVERY IMPROVEMENTS.

    (a) Postmark Required for Ballots.--
            (1) In general.--Chapter 34 of title 39, United States 
        Code, as amended by section 1621(b), is amended by adding at 
        the end the following:
``Sec. 3408. Postmark required for ballots
    ``(a) In General.--In the case of any absentee ballot carried by 
the Postal Service, the Postal Service shall indicate on the ballot 
envelope, using a postmark or otherwise--
            ``(1) the fact that the ballot was carried by the Postal 
        Service; and
            ``(2) the date on which the ballot was mailed.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `absentee ballot' means any ballot 
        transmitted by a voter by mail in an election for Federal 
        office, but does not include any ballot covered by section 
        3406; and
            ``(2) the term `election for Federal office' means a 
        general, special, primary, or runoff election for the office of 
        President or Vice President, or of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 34 of title 39, United States Code, as 
        amended by section 1621(b), is amended by adding at the end the 
        following:

``3408. Postmark required for ballots.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to absentee ballots relating to an election for 
        Federal office occurring on or after January 1, 2022.
    (b) Greater Visibility for Ballots.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1056(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1611(a), 
        section 1621(a), and section 1622(a), is amended--
                    (A) by redesignating sections 313 and 314 as 
                sections 314 and 315, respectively; and
                    (B) by inserting after section 312 the following 
                new section:

``SEC. 313. BALLOT VISIBILITY.

    ``(a) In General.--Each State or local election official shall--
            ``(1) affix Tag 191, Domestic and International Mail-In 
        Ballots (or any successor tag designated by the United States 
        Postal Service), to any tray or sack of official ballots 
        relating to an election for Federal office that is destined for 
        a domestic or international address;
            ``(2) use the Official Election Mail logo to designate 
        official ballots relating to an election for Federal office 
        that is destined for a domestic or international address; and
            ``(3) if an intelligent mail barcode is utilized for any 
        official ballot relating to an election for Federal office that 
        is destined for a domestic or international address, ensure the 
        specific ballot service type identifier for such mail is 
        visible.
    ``(b) Effective Date.--The requirements of this section shall apply 
to elections for Federal office occurring on and after January 1, 
2022.''.
            (2) Voluntary guidance.--Section 321(b)(4) of such Act (52 
        U.S.C. 21101(b)), as added and redesignated by section 1101(b) 
        and as amended by sections 1102, 1103 and 1104, is amended by 
        striking ``and 309'' and inserting ``309, and 313''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1056(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), 
        section 1611(c), section 1621(a), and section 1622(a), is 
        amended--
                    (A) by redesignating the items relating to sections 
                313 and 314 as relating to sections 314 and 315; and
                    (B) by inserting after the item relating to section 
                312 the following new item:

``Sec. 313. Ballot visibility.''.

SEC. 1624. CARRIAGE OF ELECTION MAIL.

    (a) Treatment of Election Mail.--
            (1) Treatment as first-class mail; free postage.--Chapter 
        34 of title 39, United States Code, as amended by section 
        1623(a), is amended by adding at the end the following:
``Sec. 3409. Domestic election mail; restriction of operational changes 
              prior to elections
    ``(a) Definition.--In this section, the term `election mail' 
means--
            ``(1) a blank or completed voter registration application 
        form, voter registration card, or similar materials, relating 
        to an election for Federal office;
            ``(2) a blank or completed absentee and other mail-in 
        ballot application form, and a blank or completed absentee or 
        other mail-in ballot, relating to an election for Federal 
        office, and
            ``(3) other materials relating to an election for Federal 
        office that are mailed by a State or local election official to 
        an individual who is registered to vote.
    ``(b) Carriage of Election Mail.--Election mail (other than 
balloting materials covered under section 3406 (relating to the 
Uniformed and Overseas Absentee Voting Act), individually or in bulk, 
shall be carried--
            ``(1) in accordance with the service standards established 
        for first-class mail under section 3691; and
            ``(2) free of postage.
    ``(c) Restriction of Operational Changes.--During the 120-day 
period which ends on the date of an election for Federal office, the 
Postal Service may not carry out any new operational change that would 
restrict the prompt and reliable delivery of election mail. This 
subsection applies to operational changes which include--
            ``(1) removing or eliminating any mail collection box 
        without immediately replacing it; and
            ``(2) removing, decommissioning, or any other form of 
        stopping the operation of mail sorting machines, other than for 
        routine maintenance.
    ``(d) Election Mail Coordinator.--The Postal Service shall appoint 
an Election Mail Coordinator at each area office and district office to 
facilitate relevant information sharing with State, territorial, local, 
and Tribal election officials in regards to the mailing of election 
mail.''.
            (2) Reimbursement of postal service for revenue forgone.--
        Section 2401(c) of title 39, United States Code, is amended by 
        striking ``sections 3217 and 3403 through 3406'' and inserting 
        ``sections 3217, 3403 through 3406, and 3409''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 34 of title 39, United States Code, as amended by section 
1623(a), is amended by adding at the end the following:

``3409. Domestic election mail; restriction of operational changes 
                            prior to elections.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to election mail relating to an election for Federal office 
occurring on or after January 1, 2022.

    Subtitle J--Absent Uniformed Services Voters and Overseas Voters

SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF 
              ABSENTEE BALLOTS.

    Section 102(c) of the Uniformed and Overseas Citizens Absentee 
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
    ``(c) Reports on Availability, Transmission, and Receipt of 
Absentee Ballots.--
            ``(1) Pre-election report on absentee ballot 
        availability.--Not later than 55 days before any regularly 
        scheduled general election for Federal office, each State shall 
        submit a report to the Attorney General certifying that 
        absentee ballots for the election are or will be available for 
        transmission to absent uniformed services voters and overseas 
        voters by not later than 46 days before the election. The 
        report shall be in a form prescribed by the Attorney General 
        and shall require the State to certify specific information 
        about ballot availability from each unit of local government 
        which will administer the election.
            ``(2) Pre-election report on absentee ballots 
        transmitted.--
                    ``(A) In general.--Not later than 43 days before 
                any election for Federal office held in a State, the 
                chief State election official of such State shall 
                submit a report containing the information in 
                subparagraph (B) to the Attorney General.
                    ``(B) Information reported.--The report under 
                subparagraph (A) shall consist of the following:
                            ``(i) The total number of absentee ballots 
                        validly requested by absent uniformed services 
                        voters and overseas voters whose requests were 
                        received by the 47th day before the election by 
                        each unit of local government within the State 
                        that will transmit absentee ballots.
                            ``(ii) The total number of ballots 
                        transmitted to such voters by the 46th day 
                        before the election by each unit of local 
                        government within the State that will 
                        administer the election.
                            ``(iii) Specific information about any late 
                        transmitted ballots.
                    ``(C) Requirement to supplement incomplete 
                information.--If the report under subparagraph (A) has 
                incomplete information on any items required to be 
                included in the report, the chief State election 
                official shall make all reasonable efforts to 
                expeditiously supplement the report with complete 
                information.
                    ``(D) Format.--The report under subparagraph (A) 
                shall be in a format prescribed by the Attorney General 
                in consultation with the chief State election officials 
                of each State.
            ``(3) Post-election report on number of absentee ballots 
        transmitted and received.--Not later than 90 days after the 
        date of each regularly scheduled general election for Federal 
        office, each State and unit of local government which 
        administered the election shall (through the State, in the case 
        of a unit of local government) submit a report to the Election 
        Assistance Commission on the combined number of absentee 
        ballots transmitted to absent uniformed services voters and 
        overseas voters for the election and the combined number of 
        such ballots which were returned by such voters and cast in the 
        election, and shall make such report available to the general 
        public that same day.''.

SEC. 1702. ENFORCEMENT.

    (a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act 
(52 U.S.C. 20307) is amended to read as follows:

``SEC. 105. ENFORCEMENT.

    ``(a) Action by Attorney General.--
            ``(1) In general.--The Attorney General may bring civil 
        action in an appropriate district court for such declaratory or 
        injunctive relief as may be necessary to carry out this title.
            ``(2) Penalty.--In a civil action brought under paragraph 
        (1), if the court finds that the State, a local election 
        official, or unit of local government violated any provision of 
        this title, it may, to vindicate the public interest, assess a 
        civil penalty against the State, local election official, or 
        unit of local government--
                    ``(A) in an amount not to exceed $110,000 for each 
                such violation, in the case of a first violation; or
                    ``(B) in an amount not to exceed $220,000 for each 
                such violation, for any subsequent violation.
            ``(3) Report to congress.--Not later than December 31 of 
        each year, the Attorney General shall submit to Congress an 
        annual report on any civil action brought under paragraph (1) 
        during the preceding year.
    ``(b) Private Right of Action.--A person who is aggrieved by a 
violation of this title by a State, a local election official, or unit 
of local government may bring a civil action in an appropriate district 
court for such declaratory or injunctive relief as may be necessary to 
carry out this title.
    ``(c) State as Only Necessary Defendant.--In any action brought 
under this section, the only necessary party defendant is the State, 
and it shall not be a defense to any such action that a local election 
official or a unit of local government is not named as a defendant, 
notwithstanding that a State has exercised the authority described in 
section 576 of the Military and Overseas Voter Empowerment Act to 
delegate to another jurisdiction in the State any duty or 
responsibility which is the subject of an action brought under this 
section.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit an election official or a unit of local 
government from being named as a defendant.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations alleged to have occurred on or after 
the date of the enactment of this Act.

SEC. 1703. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.

    (a) In General.--Paragraph (8) of section 102(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is 
amended to read as follows:
            ``(8) transmit a validly requested absentee ballot to an 
        absent uniformed services voter or overseas voter by the date 
        and in the manner determined under subsection (g);''.
    (b) Ballot Transmission Requirements and Repeal of Waiver 
Provision.--Subsection (g) of section 102 of such Act (52 U.S.C. 
20302(g)) is amended to read as follows:
    ``(g) Ballot Transmission Requirements.--
            ``(1) In general.--For purposes of subsection (a)(8), in 
        the case in which a valid request for an absentee ballot is 
        received at least 47 days before an election for Federal 
        office, the following rules shall apply:
                    ``(A) Transmission deadline.--The State shall 
                transmit the absentee ballot not later than 46 days 
                before the election.
                    ``(B) Special rules in case of failure to transmit 
                on time.--
                            ``(i) In general.--If the State fails to 
                        transmit any absentee ballot by the 46th day 
                        before the election as required by subparagraph 
                        (A) and the absent uniformed services voter or 
                        overseas voter did not request electronic 
                        ballot transmission pursuant to subsection (f), 
                        the State shall transmit such ballot by express 
                        delivery.
                            ``(ii) Extended failure.--If the State 
                        fails to transmit any absentee ballot by the 
                        41st day before the election, in addition to 
                        transmitting the ballot as provided in clause 
                        (i), the State shall--
                                    ``(I) in the case of absentee 
                                ballots requested by absent uniformed 
                                services voters with respect to 
                                regularly scheduled general elections, 
                                notify such voters of the procedures 
                                established under section 103A for the 
                                collection and delivery of marked 
                                absentee ballots; and
                                    ``(II) in any other case, provide 
                                for the return of such ballot by 
                                express delivery.
                            ``(iii) Cost of express delivery.--In any 
                        case in which express delivery is required 
                        under this subparagraph, the cost of such 
                        express delivery--
                                    ``(I) shall not be paid by the 
                                voter; and
                                    ``(II) if determined appropriate by 
                                the chief State election official, may 
                                be required by the State to be paid by 
                                a local jurisdiction.
                            ``(iv) Exception.--Clause (ii)(II) shall 
                        not apply when an absent uniformed services 
                        voter or overseas voter indicates the 
                        preference to return the late sent absentee 
                        ballot by electronic transmission in a State 
                        that permits return of an absentee ballot by 
                        electronic transmission.
                            ``(v) Enforcement.--A State's compliance 
                        with this subparagraph does not bar the 
                        Attorney General from seeking additional 
                        remedies necessary to fully resolve or prevent 
                        ongoing, future, or systematic violations of 
                        this provision or to effectuate the purposes of 
                        this Act.
                    ``(C) Special procedure in event of disaster.--If a 
                disaster (hurricane, tornado, earthquake, storm, 
                volcanic eruption, landslide, fire, flood, or 
                explosion), or an act of terrorism prevents the State 
                from transmitting any absentee ballot by the 46th day 
                before the election as required by subparagraph (A), 
                the chief State election official shall notify the 
                Attorney General as soon as practicable and take all 
                actions necessary, including seeking any necessary 
                judicial relief, to ensure that affected absent 
                uniformed services voters and overseas voters are 
                provided a reasonable opportunity to receive and return 
                their absentee ballots in time to be counted.
            ``(2) Requests received after 47th day before election.--
        For purposes of subsection (a)(8), in the case in which a valid 
        request for an absentee ballot is received less than 47 days 
        but not less than 30 days before an election for Federal 
        office, the State shall transmit the absentee ballot within one 
        business day of receipt of the request.''.

SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT 
              ELECTIONS.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:

``SEC. 104. TREATMENT OF BALLOT REQUESTS.

    ``(a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(a)(4)) and the voter requests that the application be 
considered an application for an absentee ballot for each subsequent 
election for Federal office held in the State through the end of the 
calendar year following the next regularly scheduled general election 
for Federal office, the State shall provide an absentee ballot to the 
voter for each such subsequent election.
    ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another State 
or is otherwise no longer eligible to vote in the State.
    ``(c) Prohibition of Refusal of Application on Grounds of Early 
Submission.--A State may not refuse to accept or to process, with 
respect to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application (including the 
postcard form prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter on the grounds that the 
voter submitted the application before the first date on which the 
State otherwise accepts or processes such applications for that 
election which are submitted by absentee voters who are not members of 
the uniformed services or overseas citizens.''.
    (b) Requirement for Revision to Postcard Form.--
            (1) In general.--The Presidential designee shall ensure 
        that the official postcard form prescribed under section 
        101(b)(2) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the 
        form to--
                    (A) request an absentee ballot for each election 
                for Federal office held in a State through the end of 
                the calendar year following the next regularly 
                scheduled general election for Federal office; or
                    (B) request an absentee ballot for a specific 
                election or elections for Federal office held in a 
                State during the period described in subparagraph (A).
            (2) Presidential designee.--For purposes of this paragraph, 
        the term ``Presidential designee'' means the individual 
        designated under section 101(a) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to voter registration and absentee ballot 
applications which are submitted to a State or local election official 
on or after the date of the enactment of this Act.

SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO 
              FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (52 U.S.C. 20302), as amended by section 1622, is amended by adding 
at the end the following new subsection:
    ``(i) Guarantee of Residency for Spouses and Dependents of Absent 
Members of Uniformed Service.--For the purposes of voting in any 
election for any Federal office or any State or local office, a spouse 
or dependent of an individual who is an absent uniformed services voter 
described in subparagraph (A) or (B) of section 107(1) shall not, 
solely by reason of that individual's absence and without regard to 
whether or not such spouse or dependent is accompanying that 
individual--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not that individual 
        intends to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become a resident in or a resident 
        of any other State.''.

SEC. 1706. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT 
              AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE 
              BALLOT.

    (a) In General.--Section 102(a)(3) of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by 
striking ``general elections'' and inserting ``general, special, 
primary, and runoff elections''.
    (b) Conforming Amendment.--Section 103 of such Act (52 U.S.C. 
20303) is amended--
            (1) in subsection (b)(2)(B), by striking ``general''; and
            (2) in the heading thereof, by striking ``general''.

SEC. 1707. TREATMENT OF POST CARD REGISTRATION REQUESTS.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (52 U.S.C. 20302), as amended by sections 1622 and 1705, is amended 
by adding at the end the following new subsection:
    ``(j) Treatment of Post Card Registrations.--A State shall not 
remove any absent uniformed services voter or overseas voter who has 
registered to vote using the official post card form (prescribed under 
section 101) from the official list of registered voters except in 
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20507).''.

SEC. 1708. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA 
              ISLANDS.

    Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by 
striking ``and American Samoa'' and inserting ``American Samoa, and the 
Commonwealth of the Northern Mariana Islands''.

SEC. 1709. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION 
              AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN 
              ISLANDS AND GUAM.

    Section 2 of the Act entitled ``An Act to provide that the 
unincorporated territories of Guam and the Virgin Islands shall each be 
represented in Congress by a Delegate to the House of 
Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is 
amended--
            (1) by striking ``(a) The Delegate'' and inserting ``The 
        Delegate'';
            (2) by striking ``on the fourteenth day following such an 
        election'' in the fourth sentence of subsection (a); and
            (3) by striking subsection (b).

SEC. 1710. DEPARTMENT OF JUSTICE REPORT ON VOTER DISENFRANCHISEMENT.

    Not later than 1 year of enactment of this Act, the Attorney 
General shall submit to Congress a report on the impact of wide-spread 
mail-in voting on the ability of active duty military servicemembers to 
vote, how quickly their votes are counted, and whether higher volumes 
of mail-in votes makes it harder for such individuals to vote in 
elections for Federal elections.

SEC. 1711. EFFECTIVE DATE.

    Except as provided in section 1702(b) and section 1704(b), the 
amendments made by this subtitle shall apply with respect to elections 
occurring on or after January 1, 2022.

            Subtitle K--Poll Worker Recruitment and Training

SEC. 1801. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.

    (a) Grants by Election Assistance Commission.--
            (1) In general.--The Election Assistance Commission 
        (hereafter referred to as the ``Commission'') shall, subject to 
        the availability of appropriations provided to carry out this 
        section, make a grant to each eligible State for recruiting and 
        training individuals to serve as poll workers on dates of 
        elections for public office.
            (2) Use of commission materials.--In carrying out 
        activities with a grant provided under this section, the 
        recipient of the grant shall use the manual prepared by the 
        Commission on successful practices for poll worker recruiting, 
        training, and retention as an interactive training tool, and 
        shall develop training programs with the participation and 
        input of experts in adult learning.
            (3) Access and cultural considerations.--The Commission 
        shall ensure that the manual described in paragraph (2) 
        provides training in methods that will enable poll workers to 
        provide access and delivery of services in a culturally 
        competent manner to all voters who use their services, 
        including those with limited English proficiency, diverse 
        cultural and ethnic backgrounds, disabilities, and regardless 
        of gender, sexual orientation, or gender identity. These 
        methods must ensure that each voter will have access to poll 
        worker services that are delivered in a manner that meets the 
        unique needs of the voter.
    (b) Requirements for Eligibility.--
            (1) Application.--Each State that desires to receive a 
        payment under this section shall submit an application for the 
        payment to the Commission at such time and in such manner and 
        containing such information as the Commission shall require.
            (2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) provide assurances that the funds provided 
                under this section will be used to supplement and not 
                supplant other funds used to carry out the activities;
                    (C) provide assurances that the State will furnish 
                the Commission with information on the number of 
                individuals who served as poll workers after 
                recruitment and training with the funds provided under 
                this section;
                    (D) provide assurances that the State will dedicate 
                poll worker recruitment efforts with respect to--
                            (i) youth and minors, including by 
                        recruiting at institutions of higher education 
                        and secondary education; and
                            (ii) diversity, including with respect to 
                        race, ethnicity, and disability; and
                    (E) provide such additional information and 
                certifications as the Commission determines to be 
                essential to ensure compliance with the requirements of 
                this section.
    (c) Amount of Grant.--
            (1) In general.--The amount of a grant made to a State 
        under this section shall be equal to the product of--
                    (A) the aggregate amount made available for grants 
                to States under this section; and
                    (B) the voting age population percentage for the 
                State.
            (2) Voting age population percentage defined.--In paragraph 
        (1), the ``voting age population percentage'' for a State is 
        the quotient of--
                    (A) the voting age population of the State (as 
                determined on the basis of the most recent information 
                available from the Bureau of the Census); and
                    (B) the total voting age population of all States 
                (as determined on the basis of the most recent 
                information available from the Bureau of the Census).
    (d) Reports to Congress.--
            (1) Reports by recipients of grants.--Not later than 6 
        months after the date on which the final grant is made under 
        this section, each recipient of a grant shall submit a report 
        to the Commission on the activities conducted with the funds 
        provided by the grant.
            (2) Reports by commission.--Not later than 1 year after the 
        date on which the final grant is made under this section, the 
        Commission shall submit a report to Congress on the grants made 
        under this section and the activities carried out by recipients 
        with the grants, and shall include in the report such 
        recommendations as the Commission considers appropriate.
    (e) Funding.--
            (1) Continuing availability of amount appropriated.--Any 
        amount appropriated to carry out this section shall remain 
        available without fiscal year limitation until expended.
            (2) Administrative expenses.--Of the amount appropriated 
        for any fiscal year to carry out this section, not more than 3 
        percent shall be available for administrative expenses of the 
        Commission.

SEC. 1802. STATE DEFINED.

    In this subtitle, the term ``State'' includes the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands.

                 Subtitle L--Enhancement of Enforcement

SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    (a) Complaints; Availability of Private Right of Action.--Section 
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(a) In General.--The Attorney General''; and
            (2) by adding at the end the following new subsections:
    ``(b) Filing of Complaints by Aggrieved Persons.--A person who is 
aggrieved by a violation of title III which has occurred, is occurring, 
or is about to occur may file a written, signed, notarized complaint 
with the Attorney General describing the violation and requesting the 
Attorney General to take appropriate action under this section. The 
Attorney General shall immediately provide a copy of a complaint filed 
under the previous sentence to the entity responsible for administering 
the State-based administrative complaint procedures described in 
section 402(a) for the State involved.
    ``(c) Availability of Private Right of Action.--Any person who is 
authorized to file a complaint under subsection (b) (including any 
individual who seeks to enforce the individual's right to a voter-
verifiable paper ballot, the right to have the voter-verifiable paper 
ballot counted in accordance with this Act, or any other right under 
title III) may file an action under section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform 
and nondiscriminatory election technology and administration 
requirements under subtitle A of title III.
    ``(d) No Effect on State Procedures.--Nothing in this section may 
be construed to affect the availability of the State-based 
administrative complaint procedures required under section 402 to any 
person filing a complaint under this subsection.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring with respect to elections 
for Federal office held in 2022 or any succeeding year.

                 Subtitle M--Federal Election Integrity

SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              ADMINISTRATION OFFICIALS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 
319 the following new section:

 ``campaign activities by chief state election administration officials

    ``Sec. 319A.  (a) Prohibition.--It shall be unlawful for a chief 
State election administration official to take an active part in 
political management or in a political campaign with respect to any 
election for Federal office over which such official has supervisory 
authority.
    ``(b) Chief State Election Administration Official.--The term 
`chief State election administration official' means the highest State 
official with responsibility for the administration of Federal 
elections under State law.
    ``(c) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) holding any position (including any unpaid or 
        honorary position) with an authorized committee of a candidate, 
        or participating in any decision making of an authorized 
        committee of a candidate;
            ``(2) the use of official authority or influence for the 
        purpose of interfering with or affecting the result of an 
        election for Federal office;
            ``(3) the solicitation, acceptance, or receipt of a 
        contribution from any person on behalf of a candidate for 
        Federal office; and
            ``(4) any other act which would be prohibited under 
        paragraph (2) or (3) of section 7323(b) of title 5, United 
        States Code, if taken by an individual to whom such paragraph 
        applies (other than any prohibition on running for public 
        office).
    ``(d) Exception in Case of Recusal From Administration of Elections 
Involving Official or Immediate Family Member.--
            ``(1) In general.--This section does not apply to a chief 
        State election administration official with respect to an 
        election for Federal office in which the official or an 
        immediate family member of the official is a candidate, but 
        only if--
                    ``(A) such official recuses himself or herself from 
                all of the official's responsibilities for the 
                administration of such election; and
                    ``(B) the official who assumes responsibility for 
                supervising the administration of the election does not 
                report directly to such official.
            ``(2) Immediate family member defined.--In paragraph (1), 
        the term `immediate family member' means, with respect to a 
        candidate, a father, mother, son, daughter, brother, sister, 
        husband, wife, father-in-law, or mother-in-law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to elections for Federal office held after December 
2021.

  Subtitle N--Promoting Voter Access Through Election Administration 
                              Improvements

                     PART 1--PROMOTING VOTER ACCESS

SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.

    (a) Treatment of Certain Institutions as Voter Registration 
Agencies Under National Voter Registration Act of 1993.--Section 7(a) 
of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) each institution of higher education which 
                has a program participation agreement in effect with 
                the Secretary of Education under section 487 of the 
                Higher Education Act of 1965 (20 U.S.C. 1094), other 
                than an institution which is treated as a contributing 
                agency under section 1013 of the For the People Act of 
                2021.''; and
            (2) in paragraph (6)(A), by inserting ``or, in the case of 
        an institution of higher education, upon initial enrollment of 
        a student,'' after ``assistance,''.
    (b) Responsibilities of Institutions Under Higher Education Act of 
1965.--Section 487(a)(23) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)(23)) is amended to read as follows:
            ``(23)(A) The institution will make every reasonable effort 
        to--
                    ``(i) distribute voter registration applications 
                for elections for Federal office using a form that 
                meets the requirements of section 9(b) of the National 
                Voter Registration Act of 1993 (52 U.S.C. 20508), which 
                may include sharing a direct, guided link to such 
                application, to each student enrolled at the 
                institution who has not been automatically registered 
                to vote by the institution in accordance with section 
                1013 of the For the People Act of 2021, including 
                students who do not qualify as an in-State student as 
                defined in section 1013(f)(2) of the For the People Act 
                of 2021;
                    ``(ii) provide clear guidance that each student 
                enrolled at the institution should--
                            ``(I) register in the State in which the 
                        student is eligible to vote in the next 
                        election if registration is required, which may 
                        include informing students from another State 
                        of the ability to vote in the State of the 
                        institution in which the students are enrolled 
                        and physically in attendance, in accordance 
                        with applicable State law; and
                            ``(II) in the case of a student who has 
                        already registered to vote in a State described 
                        in subclause (I), update the student's existing 
                        voter registration if the student's address has 
                        changed recently or since the last election in 
                        which the student was eligible to vote;
                    ``(iii) periodically share credible, nonpartisan 
                resources (to be identified in consultation with the 
                Election Assistance Commission) to help students 
                determine where and how they are eligible to vote, 
                which may include resources from State and local 
                election officials on voter registration and voting 
                requirements, including voter registration deadlines, 
                residency requirements, voter identification 
                requirements, and absentee voting options, as 
                applicable; and
                    ``(iv) in distributing voting materials (as defined 
                in section 203(b)(3) of the Voting Rights Act of 1965 
                (52 U.S.C. 10503(b)(3)) that are produced by a covered 
                State or political subdivision described in subsection 
                203(b)(2) of such Act, ensure to the greatest extent 
                practicable that--
                            ``(I) such voting materials are provided in 
                        accordance with section 203 of that Act (52 
                        U.S.C. 10503); and
                            ``(II) all materials and information made 
                        available electronically under this paragraph--
                                    ``(aa) are accessible to 
                                individuals with disabilities; and
                                    ``(bb) are compliant with the most 
                                recent Web Content Accessibility 
                                Guidelines, or successor guidelines.
                    ``(B) An institution shall be considered to have 
                satisfied the requirements of clauses (i), (ii), and 
                (iii) of subparagraph (A) if--
                            ``(i) with respect to each student enrolled 
                        in the institution who is not exclusively 
                        enrolled in distance education at the 
                        institution and who has not already been 
                        registered to vote by the institution in 
                        accordance with section 1013 of the For the 
                        People Act of 2021, including students who do 
                        not qualify as an in-State student as defined 
                        in section 1013(f)(2) of such Act--
                                    ``(I) the institution, not less 
                                than 30 days in advance of the deadline 
                                for registering to vote within the 
                                State for the next scheduled statewide 
                                Federal or State primary election and 
                                not less than 30 days in advance of the 
                                deadline for registering to vote within 
                                the State for the next scheduled 
                                statewide Federal or State general 
                                election--
                                            ``(aa) distributes voter 
                                        registration applications to 
                                        such students; or
                                            ``(bb) electronically 
                                        transmits a message to each 
                                        such student that is devoted 
                                        exclusively to voter 
                                        registration and contains a 
                                        voter registration application 
                                        acceptable for use in the State 
                                        in which the institution is 
                                        located, or an internet address 
                                        where such voter registration 
                                        application can be accessed or 
                                        downloaded;
                                    ``(II) during a period that an 
                                institution requires or encourages such 
                                students to remain off-campus due to a 
                                national, State, or local public health 
                                or other emergency for an extended 
                                period of time, resulting in a 
                                significant disruption to such 
                                students' ability to vote in person, as 
                                applicable, the institution 
                                additionally--
                                            ``(aa) requests that the 
                                        State provide the institution 
                                        with absentee ballot 
                                        applications, as applicable, or 
                                        that the State share the 
                                        official State website or 
                                        online portal through which 
                                        eligible voters can directly 
                                        request an absentee ballot;
                                            ``(bb) distributes to each 
                                        such student an absentee ballot 
                                        application requested from the 
                                        State under item (aa) or the 
                                        official State website or 
                                        online portal through which 
                                        eligible voters can directly 
                                        request an absentee ballot, 
                                        with instructions that the 
                                        form, website, or online portal 
                                        should be used only by students 
                                        eligible to vote in the State;
                                            ``(cc) notifies such 
                                        students of--

                                                    ``(AA) applicable 
                                                deadlines for 
                                                requesting and 
                                                submitting an absentee 
                                                ballot; and

                                                    ``(BB) additional 
                                                options for early and 
                                                in-person voting and 
                                                voting on Election Day, 
                                                as applicable; and

                                            ``(dd) shares credible, 
                                        nonpartisan resources (to be 
                                        identified in consultation with 
                                        the Election Assistance 
                                        Commission) to help students 
                                        who are registered in another 
                                        State to apply for absentee 
                                        ballots in such State, which 
                                        may include resources from 
                                        State and local election 
                                        officials; and
                                    ``(III) the institution ensures 
                                that an appropriate staff person or 
                                office has been designated as a Campus 
                                Vote Coordinator, who shall--
                                            ``(aa) ensure compliance in 
                                        accordance with this paragraph 
                                        at the institution;
                                            ``(bb) be publicly 
                                        designated as the Campus Vote 
                                        Coordinator, including the 
                                        Campus Vote Coordinator's 
                                        contact information, on the 
                                        website of the institution; and
                                            ``(cc) upon request, 
                                        provide to students residency 
                                        requirements for voting, 
                                        including the ability of 
                                        students from other States to 
                                        vote in the State of the 
                                        institution in which they are 
                                        enrolled and physically in 
                                        attendance, in accordance with 
                                        applicable State law; and
                            ``(ii) with respect to each student 
                        enrolled exclusively in distance education or 
                        correspondence programs, the institution--
                                    ``(I)(aa) transmits a message 
                                devoted exclusively to voter 
                                registration that refers such students 
                                to a centralized voter registration 
                                website or platform by providing the 
                                Internet address or other method to 
                                access such website or platform, that--
                                            ``(AA) provides applicable 
                                        voter registration application 
                                        and voting information for all 
                                        States; and
                                            ``(BB) is hosted by a 
                                        website operated by the 
                                        Federal, State or local 
                                        government;
                                    ``(bb) transmits such message not 
                                less than twice in each calendar year; 
                                and
                                    ``(cc) maintains information on the 
                                institution's website containing 
                                credible, nonpartisan resources to help 
                                students determine where and how they 
                                are eligible to vote, or a link to such 
                                resources, and boosts awareness of such 
                                information on the institution's social 
                                media platforms; or
                                    ``(II) provides information to such 
                                students in the same manner as the 
                                institution provides information to 
                                students not enrolled exclusively in 
                                distance education under clause (i)(I).
                    ``(C) The institution will substantially comply 
                with the requirements that apply to the institution 
                under section 7 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20506) or section 1013 of the For 
                the People Act of 2021, as the case may be.
                    ``(D) In this paragraph--
                            ``(i) the term `voter registration 
                        application' means the mail voter registration 
                        application form for elections for Federal 
                        office prescribed pursuant to section 9 of the 
                        National Voter Registration Act of 1993 (52 
                        U.S.C. 20508);
                            ``(ii) the term `absentee ballot' means any 
                        ballot cast by any means other than in person 
                        and for which the State requires an 
                        application;
                            ``(iii) the term `distance education' has 
                        the meaning given the term in section 103, 
                        except such term shall not include distance 
                        education that is provided due to a decision of 
                        an institution to require or encourage students 
                        of the institution to remain off-campus due to 
                        a national, State, or local public health or 
                        other emergency; and
                            ``(iv) the term `Federal office' has the 
                        meaning given in section 301(3) of the Federal 
                        Election Campaign Act of 1971 (52 U.S.C. 
                        30101(3)).''.
    (c) Grants to Institutions Demonstrating Excellence in Student 
Voter Registration.--
            (1) Grants authorized.--The Secretary of Education may 
        award competitive grants to public and private nonprofit 
        institutions of higher education that are subject to the 
        requirements of section 487(a)(23) of the Higher Education Act 
        of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (b), 
        and that the Secretary determines have demonstrated excellence 
        in registering students to vote in elections for public office 
        beyond meeting the minimum requirements of such section.
            (2) Eligibility.--An institution of higher education is 
        eligible to receive a grant under this subsection if the 
        institution submits to the Secretary of Education, at such time 
        and in such form as the Secretary may require, an application 
        containing such information and assurances as the Secretary may 
        require to make the determination described in paragraph (1), 
        including information and assurances that the institution 
        carried out activities to promote voter registration by 
        students, such as the following:
                    (A) Sponsoring large on-campus voter mobilization 
                and voter education efforts.
                    (B) Engaging the surrounding community in 
                nonpartisan voter registration and get out the vote 
                efforts, including initiatives to facilitate the 
                enfranchisement of groups of individuals that have 
                historically faced barriers to voting.
                    (C) Creating a website for students with 
                centralized information about voter registration and 
                election dates.
                    (D) Inviting candidates to speak on campus.
                    (E) Offering rides to students to the polls to 
                increase voter mobilization.
            (3) Authorization of appropriations; reservation.--
                    (A) Authorization of appropriations.--There are 
                authorized to be appropriated for fiscal year 2022 and 
                each succeeding fiscal year such sums as may be 
                necessary to award grants under this subsection.
                    (B) Reservation.--Of the funds appropriated under 
                subparagraph (A) for a fiscal year, the Secretary of 
                Education shall ensure that 25 percent is reserved for 
                minority institutions described in section 371(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
    (d) Sense of Congress Relating to Option of Students to Register in 
Jurisdiction of Institution of Higher Education or Jurisdiction of 
Domicile.--It is the sense of Congress that, as provided under existing 
law, students who attend an institution of higher education and reside 
in the jurisdiction of the institution while attending the institution 
should have the option of registering to vote, without being subjected 
to intimidation or deceptive practices, in elections for Federal office 
in that jurisdiction or in the jurisdiction of their own domicile.

SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY 
              POLLING PLACE CHANGES.

    (a) Requirements.--Section 302 of the Help America Vote Act of 2002 
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Minimum Notification Requirements for Voters Affected by 
Polling Place Changes.--
            ``(1) Requirement for precinct-based polling.--
                    ``(A) In general.--If an applicable individual has 
                been assigned to a polling place that is different than 
                the polling place that such individual was assigned 
                with respect to the most recent past election for 
                Federal office in which the individual was eligible to 
                vote--
                            ``(i) the appropriate election official 
                        shall, not later than 2 days before the 
                        beginning of an early voting period--
                                    ``(I) notify the individual of the 
                                location of the polling place not later 
                                than 2 days before the beginning of an 
                                early voting period; and
                                    ``(II) post a general notice on the 
                                website of the State or jurisdiction, 
                                on social media platforms (if 
                                available), and on signs a the prior 
                                polling place; and
                            ``(ii) if such assignment is made after the 
                        date which is 2 days before the beginning of an 
                        early voting period and the individual appears 
                        on the date of the election at the polling 
                        place to which the individual was previously 
                        assigned, the jurisdiction shall make every 
                        reasonable effort to enable the individual to 
                        vote a ballot on the date of the election 
                        without the use of a provisional ballot.
                    ``(B) Applicable individual.--For purposes of 
                subparagraph (A), the term `applicable individual' 
                means, with respect to any election for Federal office, 
                any individual--
                            ``(i) who is registered to vote in a 
                        jurisdiction for such election and was 
                        registered to vote in such jurisdiction for the 
                        most recent past election for Federal office; 
                        and
                            ``(ii) whose voter registration address has 
                        not changed since such most recent past 
                        election for Federal office.
                    ``(C) Methods of notification.--The appropriate 
                election official shall notify an individual under 
                clause (i)(I) of subparagraph (A) by mail, telephone, 
                and (if available) text message and electronic mail, 
                taking into consideration factors which include the 
                linguistic preferences of voters in the jurisdiction.
            ``(2) Requirements for vote centers.--In the case of a 
        jurisdiction in which individual are not assigned to specific 
        polling places, not later than 2 days before the beginning of 
        an early voting period, the appropriate election official shall 
        notify each voter eligible to vote in such jurisdiction of the 
        location of all polling places at which the individual may 
        vote.
            ``(3) Notice with respect to closed polling places.--
                    ``(A) In general.--If a location which served as a 
                polling place for an election for Federal office in a 
                State does not serve as a polling place in the next 
                election for Federal office held in the State, the 
                State shall ensure that signs, taking into 
                consideration factors which include the linguistic 
                preferences of voters in the jurisdiction, are posted 
                at such location on the date of the election and during 
                any early voting period for the election containing the 
                following information:
                            ``(i) A statement that the location is not 
                        serving as a polling place in the election.
                            ``(ii) The locations serving as polling 
                        places in the election in the jurisdiction 
                        involved.
                            ``(iii) The name and address of any 
                        substitute polling place serving the same 
                        precinct and directions from the former polling 
                        place to the new polling place.
                            ``(iv) Contact information, including a 
                        telephone number and website, for the 
                        appropriate State or local election official 
                        through which an individual may find the 
                        polling place to which the individual is 
                        assigned for the election.
                    ``(B) Internet posting.--Each State which is 
                required to post signs under subparagraph (A) shall 
                also provide such information through a website and 
                through social media (if available).
            ``(4) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.''.
    (b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C. 
21082(g)), as redesignated by subsection (a) and as amended by section 
1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting 
``(d)(2), (e)(2), and (f)(4)''.

SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET 
              IDENTIFICATION REQUIREMENTS FOR VOTING.

    (a) Permitting Use of Statement.--Subtitle A of 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. PERMITTING USE OF SWORN WRITTEN STATEMENT OR STUDENT 
              IDENTIFICATION CARD TO MEET IDENTIFICATION REQUIREMENTS.

    ``(a) Use of Statement or Student Identification Card.--
            ``(1) In general.--Except as provided in subsection (c), if 
        a State has in effect any requirement that an individual 
        present identification as a condition of receiving and casting 
        a ballot in an election for Federal office, the State shall 
        permit the individual to meet the requirement--
                    ``(A) in the case of an individual who desires to 
                vote in person, by presenting the appropriate State or 
                local election official with--
                            ``(i) a sworn written statement, signed by 
                        the individual under penalty of perjury, 
                        attesting to the individual's identity and 
                        attesting that the individual is eligible to 
                        vote in the election; or
                            ``(ii) if such individual is a student 
                        enrolled at an institution of higher education 
                        (as defined under section 102 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1002)), a 
                        student identification card assigned to the 
                        individual from an institution of higher 
                        education; or
                    ``(B) in the case of an individual who desires to 
                vote by mail, by submitting with the ballot--
                            ``(i) the statement described in 
                        subparagraph (A)(i); or
                            ``(ii) if such individual is a student 
                        enrolled at an institution of higher education 
                        (as so defined), a copy of the student 
                        identification card described in subparagraph 
                        (A)(ii).
            ``(2) Development of pre-printed version of statement by 
        commission.--The Commission shall develop a pre-printed version 
        of the statement described in paragraph (1)(A)(i) which 
        includes a blank space for an individual to provide a name and 
        signature for use by election officials in States which are 
        subject to paragraph (1).
            ``(3) Providing pre-printed copy of statement.--A State 
        which is subject to paragraph (1) shall--
                    ``(A) make copies of the pre-printed version of the 
                statement described in paragraph (1)(A)(i) which is 
                prepared by the Commission available at polling places 
                for election officials to distribute to individuals who 
                desire to vote in person; and
                    ``(B) include a copy of such pre-printed version of 
                the statement with each blank absentee or other ballot 
                transmitted to an individual who desires to vote by 
                mail.
    ``(b) Requiring Use of Ballot in Same Manner as Individuals 
Presenting Identification.--An individual who presents or submits a 
sworn written statement or presents a student identification card in 
accordance with subsection (a)(1) shall be permitted to cast a ballot 
in the election in the same manner as an individual who presents 
identification.
    ``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply to the requirements under 
paragraph (2) of section 303(b) with respect to any individual 
described in paragraph (1) of such section who is required to meet the 
requirements of paragraph (2) of such section or to an individual 
described in paragraph (5)(A) of section 303(b) who is required to meet 
the requirements of paragraph (5)(B) of such section.''.
    (b) Requiring States To Include Information on Use of Sworn Written 
Statement and Student Identification Card in Voting Information 
Material Posted at Polling Places.--Section 302(b)(2) of such Act (52 
U.S.C. 21082(b)(2)), as amended by section 1072(b) and section 1202(b), 
is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(I) in the case of a State that has in effect any 
                requirement that an individual present identification 
                as a condition of receiving and casting a ballot in an 
                election for Federal office, information on how an 
                individual may meet such requirement by presenting a 
                sworn written statement or student identification card 
                in accordance with section 303A.''.
    (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. Permitting use of sworn written statement or student 
                            identification card to meet identification 
                            requirements.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections occurring on or after the date of the 
enactment of this Act.

SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.

    (a) Accommodations Described.--
            (1) Designation of ballot pickup and collection 
        locations.--Given the widespread lack of residential mail 
        delivery in Indian Country, an Indian Tribe may designate 
        buildings as ballot pickup and collection locations with 
        respect to an election for Federal office at no cost to the 
        Indian Tribe. An Indian Tribe may designate one building per 
        precinct located within Indian lands. The applicable State or 
        political subdivision shall collect ballots from those 
        locations. The applicable State or political subdivision shall 
        provide the Indian Tribe with accurate precinct maps for all 
        precincts located within Indian lands 60 days before the 
        election.
            (2) Provision of mail-in and absentee ballots.--The State 
        or political subdivision shall provide mail-in and absentee 
        ballots with respect to an election for Federal office to each 
        individual who is registered to vote in the election who 
        resides on Indian lands in the State or political subdivision 
        involved without requiring a residential address or a mail-in 
        or absentee ballot request.
            (3) Use of designated building as residential and mailing 
        address.--The address of a designated building that is a ballot 
        pickup and collection location with respect to an election for 
        Federal office may serve as the residential address and mailing 
        address for voters living on Indian lands if the tribally 
        designated building is in the same precinct as that voter. If 
        there is no tribally designated building within a voter's 
        precinct, the voter may use another tribally designated 
        building within the Indian lands where the voter is located. 
        Voters using a tribally designated building outside of the 
        voter's precinct may use the tribally designated building as a 
        mailing address and may separately designate the voter's 
        appropriate precinct through a description of the voter's 
        address, as specified in section 9428.4(a)(2) of title 11, Code 
        of Federal Regulations.
            (4) Language accessibility.--In the case of a State or 
        political subdivision that is a covered State or political 
        subdivision under section 203 of the Voting Rights Act of 1965 
        (52 U.S.C. 10503), that State or political subdivision shall 
        provide absentee or mail-in voting materials with respect to an 
        election for Federal office in the language of the applicable 
        minority group as well as in the English language, bilingual 
        election voting assistance, and written translations of all 
        voting materials in the language of the applicable minority 
        group, as required by section 203 of the Voting Rights Act of 
        1965 (52 U.S.C. 10503), as amended by subsection (b).
            (5) Clarification.--Nothing in this section alters the 
        ability of an individual voter residing on Indian lands to 
        request a ballot in a manner available to all other voters in 
        the State.
            (6) Definitions.--In this section:
                    (A) Election for federal office.--The term 
                ``election for Federal office'' means a general, 
                special, primary or runoff election for the office of 
                President or Vice President, or of Senator or 
                Representative in, or Delegate or Resident Commissioner 
                to, the Congress.
                    (B) Indian.--The term ``Indian'' has the meaning 
                given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304).
                    (C) Indian lands.--The term ``Indian lands'' 
                includes--
                            (i) any Indian country of an Indian Tribe, 
                        as defined under section 1151 of title 18, 
                        United States Code;
                            (ii) any land in Alaska owned, pursuant to 
                        the Alaska Native Claims Settlement Act (43 
                        U.S.C. 1601 et seq.), by an Indian Tribe that 
                        is a Native village (as defined in section 3 of 
                        that Act (43 U.S.C. 1602)) or by a Village 
                        Corporation that is associated with an Indian 
                        Tribe (as defined in section 3 of that Act (43 
                        U.S.C. 1602));
                            (iii) any land on which the seat of the 
                        Tribal Government is located; and
                            (iv) any land that is part or all of a 
                        Tribal designated statistical area associated 
                        with an Indian Tribe, or is part or all of an 
                        Alaska Native village statistical area 
                        associated with an Indian Tribe, as defined by 
                        the Census Bureau for the purposes of the most 
                        recent decennial census.
                    (D) Indian tribe.--The term ``Indian Tribe'' has 
                the meaning given the term ``Indian tribe'' in section 
                4 of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304).
                    (E) Tribal government.--The term ``Tribal 
                Government'' means the recognized governing body of an 
                Indian Tribe.
            (7) Enforcement.--
                    (A) Attorney general.--The Attorney General may 
                bring a civil action in an appropriate district court 
                for such declaratory or injunctive relief as is 
                necessary to carry out this subsection.
                    (B) Private right of action.--
                            (i) A person or Tribal Government who is 
                        aggrieved by a violation of this subsection may 
                        provide written notice of the violation to the 
                        chief election official of the State involved.
                            (ii) An aggrieved person or Tribal 
                        Government may bring a civil action in an 
                        appropriate district court for declaratory or 
                        injunctive relief with respect to a violation 
                        of this subsection, if--
                                    (I) that person or Tribal 
                                Government provides the notice 
                                described in clause (i); and
                                    (II)(aa) in the case of a violation 
                                that occurs more than 120 days before 
                                the date of an election for Federal 
                                office, the violation remains and 90 
                                days or more have passed since the date 
                                on which the chief election official of 
                                the State receives the notice under 
                                clause (i); or
                                    (bb) in the case of a violation 
                                that occurs 120 days or less before the 
                                date of an election for Federal office, 
                                the violation remains and 20 days or 
                                more have passed since the date on 
                                which the chief election official of 
                                the State receives the notice under 
                                clause (i).
                            (iii) In the case of a violation of this 
                        section that occurs 30 days or less before the 
                        date of an election for Federal office, an 
                        aggrieved person or Tribal Government may bring 
                        a civil action in an appropriate district court 
                        for declaratory or injunctive relief with 
                        respect to the violation without providing 
                        notice to the chief election official of the 
                        State under clause (i).
    (b) Bilingual Election Requirements.--Section 203 of the Voting 
Rights Act of 1965 (52 U.S.C. 10503) is amended--
            (1) in subsection (b)(3)(C), by striking ``1990'' and 
        inserting ``2010''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Provision of Voting Materials in the Language of a Minority 
Group.--
            ``(1) In general.--Whenever any State or political 
        subdivision subject to the prohibition of subsection (b) of 
        this section provides any registration or voting notices, 
        forms, instructions, assistance, or other materials or 
        information relating to the electoral process, including 
        ballots, it shall provide them in the language of the 
        applicable minority group as well as in the English language.
            ``(2) Exceptions.--
                    ``(A) In the case of a minority group that is not 
                American Indian or Alaska Native and the language of 
                that minority group is oral or unwritten, the State or 
                political subdivision shall be required only to 
                furnish, in the covered language, oral instructions, 
                assistance, translation of voting materials, or other 
                information relating to registration and voting.
                    ``(B) In the case of a minority group that is 
                American Indian or Alaska Native, the State or 
                political subdivision shall be required only to furnish 
                in the covered language oral instructions, assistance, 
                or other information relating to registration and 
                voting, including all voting materials, if the Tribal 
                Government of that minority group has certified that 
                the language of the applicable American Indian or 
                Alaska Native language is presently unwritten or the 
                Tribal Government does not want written translations in 
                the minority language.
            ``(3) Written translations for election workers.--
        Notwithstanding paragraph (2), the State or political division 
        may be required to provide written translations of voting 
        materials, with the consent of any applicable Indian Tribe, to 
        election workers to ensure that the translations from English 
        to the language of a minority group are complete, accurate, and 
        uniform.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to the regularly scheduled general 
election for Federal office held in November 2022 and each succeeding 
election for Federal office.

SEC. 1905. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING 
              PLACES.

    (a) In General.--
            (1) Requirement.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1056(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1611(a), 
        section 1621(a), section 1622(a), and section 1623(b), is 
        amended--
                    (A) by redesignating sections 314 and 315 as 
                sections 315 and 316, respectively; and
                    (B) by inserting after section 313 the following 
                new section:

``SEC. 314. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING 
              PLACES.

    ``(a) Preventing Unreasonable Waiting Times for Voters.--
            ``(1) In general.--Each State or jurisdiction shall take 
        reasonable efforts to provide a sufficient number of voting 
        systems, poll workers, and other election resources (including 
        physical resources) at a polling place used in any election for 
        Federal office, including a polling place at which individuals 
        may cast ballots prior to the date of the election, to ensure--
                    ``(A) a fair and equitable waiting time for all 
                voters in the State or jurisdiction; and
                    ``(B) that no individual will be required to wait 
                longer than 30 minutes to cast a ballot at the polling 
                place.
            ``(2) Criteria.--In determining the number of voting 
        systems, poll workers, and other election resources provided at 
        a polling place for purposes of paragraph (1), the State or 
        jurisdiction shall take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered 
                since the most recent Federal election.
                    ``(E) Census data for the population served by the 
                polling place, such as the proportion of the voting-age 
                population who are under 25 years of age or who are 
                naturalized citizens.
                    ``(F) The needs and numbers of voters with 
                disabilities and voters with limited English 
                proficiency.
                    ``(G) The type of voting systems used.
                    ``(H) The length and complexity of initiatives, 
                referenda, and other questions on the ballot.
                    ``(I) Such other factors, including relevant 
                demographic factors relating to the population served 
                by the polling place, as the State considers 
                appropriate.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed--
                    ``(A) to authorize a State or jurisdiction to meet 
                the requirements of this subsection by closing any 
                polling place, prohibiting an individual from entering 
                a line at a polling place, or refusing to permit an 
                individual who has arrived at a polling place prior to 
                closing time from voting at the polling place; or
                    ``(B) to limit the use of mobile voting centers.
    ``(b) Limiting Variations on Number of Hours of Operation of 
Polling Places Within a State.--
            ``(1) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraph (2), each State shall 
                establish hours of operation for all polling places in 
                the State on the date of any election for Federal 
                office held in the State such that the polling place 
                with the greatest number of hours of operation on such 
                date is not in operation for more than 2 hours longer 
                than the polling place with the fewest number of hours 
                of operation on such date.
                    ``(B) Permitting variance on basis of population.--
                Subparagraph (A) does not apply to the extent that the 
                State establishes variations in the hours of operation 
                of polling places on the basis of the overall 
                population or the voting age population (as the State 
                may select) of the unit of local government in which 
                such polling places are located.
            ``(2) Exceptions for polling places with hours established 
        by units of local government.--Paragraph (1) does not apply in 
        the case of a polling place--
                    ``(A) whose hours of operation are established, in 
                accordance with State law, by the unit of local 
                government in which the polling place is located; or
                    ``(B) which is required pursuant to an order by a 
                court to extend its hours of operation beyond the hours 
                otherwise established.
    ``(c) Effective Date.--This section shall take effect upon the 
expiration of the 180-day period which begins on the date of the 
enactment of this subsection.''.
            (2) Conforming amendments relating to issuance of voluntary 
        guidance by election assistance commission.--Section 321(b) of 
        such Act (52 U.S.C. 21101(b)), as redesignated and amended by 
        section 1101(b) and as amended by sections, 1102, 1103, 1104, 
        and 1611, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6);
                    (C) in paragraph (6), as so redesignated, by 
                striking ``paragraph (4)'' and inserting ``paragraph 
                (4) or (5)''; and
                    (D) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in the case of the recommendations with respect to 
        section 314, 180 days after the date of the enactment of such 
        section; and''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1056(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), 
        section 1611(c), section 1621(a), section 1622(a), and section 
        1623(b), is amended--
                    (A) by redesignating the items relating to sections 
                314 and 315 as relating to sections 315 and 316, 
                respectively; and
                    (B) by inserting after the item relating to section 
                313 the following new item:

``Sec. 314. Ensuring equitable and efficient operation of polling 
                            places.''.
    (b) Study of Methods to Enforce Fair and Equitable Waiting Times.--
            (1) Study.--The Election Assistance Commission and the 
        Comptroller General of the United States shall conduct a joint 
        study of the effectiveness of various methods of enforcing the 
        requirements of section 314(a) of the Help America Vote Act of 
        2002, as added by subsection (a), including methods of best 
        allocating resources to jurisdictions which have had the most 
        difficulty in providing a fair and equitable waiting time at 
        polling places to all voters, and to communities of color in 
        particular.
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Election Assistance Commission and 
        the Comptroller General of the United States shall publish and 
        submit to Congress a report on the study conducted under 
        paragraph (1).

SEC. 1906. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED 
              BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1611(a), section 1621(a), section 1622(a), 
section 1623(b), and section 1905(a), is amended--
            (1) by redesignating sections 315 and 316 as sections 316 
        and 317, respectively; and
            (2) by inserting after section 314 the following new 
        section:

``SEC. 315. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.

    ``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall provide 
in-person, secured, and clearly labeled drop boxes at which individuals 
may, at any time during the period described in subsection (b), drop 
off voted ballots in an election for Federal office.
    ``(b) Minimum Period for Availability of Drop Boxes.--The period 
described in this subsection is, with respect to an election, the 
period which begins on the first day on which the jurisdiction sends 
mail-in ballots or absentee ballots (other than ballots for absent 
uniformed overseas voters (as defined in section 107(1) of the 
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
20310(1))) or overseas voters (as defined in section 107(5) of such Act 
(52 U.S.C. 20310(5)))) to voters for such election and which ends at 
the time the polls close for the election in the jurisdiction involved.
    ``(c) Accessibility.--
            ``(1) Hours of access.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each drop box provided under this 
                section shall be accessible to voters for a reasonable 
                number of hours each day.
                    ``(B) 24-hour drop boxes.--
                            ``(i) In general.--Of the number of drop 
                        boxes provided in any jurisdiction, not less 
                        the required number shall be accessible for 24-
                        hours per day during the period described in 
                        subsection (b).
                            ``(ii) Required number.--The required 
                        number is the greater of--
                                    ``(I) 25 percent of the drop boxes 
                                required under subsection (d); or
                                    ``(II) 1 drop box.
            ``(2) Population.--
                    ``(A) In general.--Drop boxes provided under this 
                section shall be accessible for use--
                            ``(i) by individuals with disabilities, as 
                        determined in consultation with the protection 
                        and advocacy systems (as defined in section 102 
                        of the Developmental Disabilities Assistance 
                        and Bill of Rights Act of 2000 (42 U.S.C. 
                        15002)) of the State;
                            ``(ii) by individuals with limited 
                        proficiency in the English language; and
                            ``(iii) by homeless individuals (as defined 
                        in section 103 of the McKinney-Vento Homeless 
                        Assistance Act(42 U.S.C. 11302)) within the 
                        State.
                    ``(B) Determination of accessibility for 
                individuals with disabilities.--For purposes of this 
                paragraph, drop boxes shall be considered to be 
                accessible for use by individuals with disabilities if 
                the drop boxes meet such criteria as the Attorney 
                General may establish for such purposes.
                    ``(C) Rule of construction.--If a drop box provided 
                under this section is on the grounds of or inside a 
                building or facility which serves as a polling place 
                for an election during the period described in 
                subsection (b), nothing in this subsection may be 
                construed to waive any requirements regarding the 
                accessibility of such polling place for the use of 
                individuals with disabilities, individuals with limited 
                proficiency in the English language, or homeless 
                individuals.
    ``(d) Number of Drop Boxes.--Each jurisdiction shall have--
            ``(1) in the case of any election for Federal office prior 
        to the regularly scheduled general election for Federal office 
        held in November 2024, not less than 1 drop box for every 
        45,000 registered voters located in the jurisdiction; and
            ``(2) in the case of the regularly scheduled general 
        election for Federal office held in November 2024 and each 
        election for Federal office occurring thereafter, not less than 
        the greater of--
                    ``(A) 1 drop box for every 45,000 registered voters 
                located in the jurisdiction; or
                    ``(B) 1 drop box for every 15,000 votes that were 
                cast by mail in the jurisdiction in the most recent 
                general election that includes an election for the 
                office of President.
        In no case shall a jurisdiction have less than 1 drop box for 
        any election for Federal office.
    ``(e) Location of Drop Boxes.--The State shall determine the 
location of drop boxes provided under this section in a jurisdiction on 
the basis of criteria which ensure that the drop boxes are--
            ``(1) available to all voters on a non-discriminatory 
        basis;
            ``(2) accessible to voters with disabilities (in accordance 
        with subsection (c));
            ``(3) accessible by public transportation to the greatest 
        extent possible;
            ``(4) available during all hours of the day;
            ``(5) sufficiently available in all communities in the 
        jurisdiction, including rural communities and on Tribal lands 
        within the jurisdiction (subject to subsection (f)); and
            ``(6) geographically distributed to provide a reasonable 
        opportunity for voters to submit their voted ballot in a timely 
        manner.
    ``(f) Rules for Drop Boxes on Tribal Lands.--In making a 
determination of the number and location of drop boxes provided under 
this section on Tribal lands in a jurisdiction, the appropriate State 
and local election officials shall--
            ``(1) consult with Tribal leaders prior to making the 
        determination; and
            ``(2) take into account criteria such as the availability 
        of direct-to-door residential mail delivery, the distance and 
        time necessary to travel to the drop box locations (including 
        in inclement weather), modes of transportation available, 
        conditions of roads, and the availability (if any) of public 
        transportation.
    ``(g) Timing of Scanning and Processing of Ballots.--For purposes 
of section 311(g) (relating to the timing of the processing and 
scanning of ballots for tabulation), a vote cast using a drop box 
provided under this section shall be treated in the same manner as a 
ballot cast by mail.
    ``(h) Posting of Information.--On or adjacent to each drop box 
provided under this section, the State shall post information on the 
requirements that voted absentee ballots must meet in order to be 
counted and tabulated in the election.
    ``(i) Remote Surveillance.--Nothing in this section shall prohibit 
a State from providing for the security of drop boxes through remote or 
electronic surveillance.
    ``(j) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1611(c), section 
1621(c), section 1622(a), section 1623(b), and section 1905(a), is 
amended--
            (1) by redesignating the items relating to sections 315 and 
        316 as relating to sections 316 and 317, respectively; and
            (2) by inserting after the item relating to section 314 the 
        following new item:

``Sec. 315. Use of secured drop boxes for voted absentee ballots.''.

SEC. 1907. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1611(a), section 1621(a), section 1622(a), 
section 1623(b), section 1905(a), and section 1906(a), is amended--
            (1) by redesignating sections 316 and 317 as sections 317 
        and 318, respectively; and
            (2) by inserting after section 315 the following new 
        section:

``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.

    ``(a) Prohibition.--A State may not--
            ``(1) prohibit any jurisdiction administering an election 
        for Federal office in the State from utilizing curbside voting 
        as a method by which individuals may cast ballots in the 
        election; or
            ``(2) impose any restrictions which would exclude any 
        individual who is eligible to vote in such an election in a 
        jurisdiction which utilizes curbside voting from casting a 
        ballot in the election by the method of curbside voting.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1611(c), section 
1621(a), section 1622(a), section 1623(b), section 1905(a), and section 
1906(b), is amended--
            (1) by redesignating the items relating to sections 316 and 
        317 as relating to sections 317 and 318, respectively; and
            (2) by inserting after the item relating to section 315 the 
        following new item:

``Sec. 316. Prohibiting States from restricting curbside voting.''.

SEC. 1908. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES 
              AT POLLING STATIONS.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1056(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1611(a), section 1621(a), section 1622(a), 
section 1623(b), section 1905(a), section 1906(a), and section 1907(a), 
is amended--
            (1) by redesignating sections 317 and 318 as sections 318 
        and 319, respectively; and
            (2) by inserting after section 316 the following new 
        section:

``SEC. 317. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND 
              BEVERAGES AT POLLING STATIONS.

    ``(a) Prohibition.--A State may not impose any restriction on 
providing food and nonalcoholic beverages to persons at a polling 
location for a Federal election, provided that such food and 
nonalcoholic beverages are distributed without regard to the electoral 
participation or political preferences of the recipients.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after January 1, 2022.''.
    (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b) and as amended 
by sections 1102, 1103, 1104, and 1623, is amended by striking ``and 
313'' and inserting ``313, and 317''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1056(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1611(c), section 
1621(a), section 1622(a), section 1623(b), section 1905(a), section 
1906(b), and section 1907(b) is amended--
            (1) by redesignating the items relating to sections 317 and 
        318 as relating to sections 319 and 320, respectively; and
            (2) by inserting after the item relating to section 316 the 
        following new item:

``Sec. 317. Prohibiting States from restricting donations of food and 
                            beverages at polling stations.''.

SEC. 1909. GAO STUDY ON VOTER TURNOUT RATES.

    The Comptroller General of the United States shall conduct a study 
on voter turnout rates delineated by age in States and localities that 
permit voters to participate in elections before reaching the age of 
18, with a focus on localities that permit voting upon reaching the age 
of 16.

            PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS

SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN 
              RESPONSE TO NATURAL DISASTERS AND EMERGENCIES.

    (a) In General.--
            (1) Establishment.--Not later than 90 days after the date 
        of the enactment of this Act, each State and each jurisdiction 
        in a State which is responsible for administering elections for 
        Federal office shall establish a contingency plan to enable 
        individuals to vote in elections for Federal office during a 
        state of emergency, public health emergency, or national 
        emergency which has been declared for reasons including--
                    (A) a natural disaster; or
                    (B) an infectious disease.
            (2) Publication.--Each State and jurisdiction shall make 
        the plan established under paragraph (1) publicly available, 
        except that such State or jurisdiction may redact provisions 
        necessary to preserve national security or public safety.
            (3) Updating.--Each State and jurisdiction shall update the 
        contingency plan established under this subsection not less 
        frequently than every 5 years.
    (b) Requirements Relating to Safety.--The contingency plan 
established under subsection (a) shall include initiatives to provide 
equipment and resources needed to protect the health and safety of poll 
workers, election staff, and voters when voting in person.
    (c) Requirements Relating to Recruitment of Poll Workers.--The 
contingency plan established under subsection (a) shall include 
initiatives by the chief State election official and local election 
officials to recruit poll workers from resilient or unaffected 
populations, which may include--
            (1) employees of other State and local government offices; 
        and
            (2) in the case in which an infectious disease poses 
        significant increased health risks to elderly individuals, 
        students of secondary schools and institutions of higher 
        education in the State.
    (d) Enforcement.--
            (1) Attorney general.--The Attorney General may bring a 
        civil action against any State or jurisdiction in an 
        appropriate United States district court for such declaratory 
        and injunctive relief (including a temporary restraining order, 
        a permanent or temporary injunction, or other order) as may be 
        necessary to carry out the requirements of this section.
            (2) Private right of action.--
                    (A) In general.--In the case of a violation of this 
                section, any person who is aggrieved by such violation 
                may provide written notice of the violation to the 
                chief election official of the State involved.
                    (B) Relief.--If the violation is not corrected 
                within 20 days after receipt of a notice under 
                subparagraph (A), or within 5 days after receipt of the 
                notice if the violation occurred within 120 days before 
                the date of an election for Federal office, the 
                aggrieved person may, in a civil action, obtain 
                declaratory or injunctive relief with respect to the 
                violation.
                    (C) Special rule.--If the violation occurred within 
                5 days before the date of an election for Federal 
                office, the aggrieved person need not provide notice to 
                the chief election official of the State involved under 
                subparagraph (A) before bringing a civil action under 
                subparagraph (B).
    (e) Definitions.--
            (1) Election for federal office.--For purposes of this 
        section, the term ``election for Federal office'' means a 
        general, special, primary, or runoff election for the office of 
        President or Vice President, or of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.
            (2) State.--For purposes of this section, the term 
        ``State'' includes the District of Columbia, the Commonwealth 
        of Puerto Rico, Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana Islands.
    (f) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.

  PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

    Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) 
is amended--
            (1) by striking ``for each of the fiscal years 2003 through 
        2005'' and inserting ``for fiscal year 2021 and each succeeding 
        fiscal year''; and
            (2) by striking ``(but not to exceed $10,000,000 for each 
        such year)''.

SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION 
              SURVEYS.

    (a) Requirement.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further 
amended by inserting after section 303A the following new section:

``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.

    ``(a) Requirement.--Each State shall furnish to the Commission such 
information as the Commission may request for purposes of conducting 
any post-election survey of the States with respect to the 
administration of a regularly scheduled general election for Federal 
office.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and any succeeding election.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 1903(c), is further amended by inserting after the 
item relating to section 303A the following new item:

``Sec. 303B. Requiring participation in post-general election 
                            surveys.''.

SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON 
              USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE 
              COMMISSION.

    (a) Requiring Reports on Use of Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is 
amended by adding at the end the following new subsection:
    ``(e) Report on Use of Funds Transferred From Commission.--To the 
extent that funds are transferred from the Commission to the Director 
of the National Institute of Standards and Technology for purposes of 
carrying out this section during any fiscal year, the Director may not 
use such funds unless the Director certifies at the time of transfer 
that the Director will submit a report to the Commission not later than 
90 days after the end of the fiscal year detailing how the Director 
used such funds during the year.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to fiscal year 2022 and each succeeding fiscal year.

SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE 
              COMMISSION.

    (a) Assessment of Information Technology and Cybersecurity.--Not 
later than December 31, 2021, the Election Assistance Commission shall 
carry out an assessment of the security and effectiveness of the 
Commission's information technology systems, including the 
cybersecurity of such systems.
    (b) Improvements to Administrative Complaint Procedures.--
            (1) Review of procedures.--The Election Assistance 
        Commission shall carry out a review of the effectiveness and 
        efficiency of the State-based administrative complaint 
        procedures established and maintained under section 402 of the 
        Help America Vote Act of 2002 (52 U.S.C. 21112) for the 
        investigation and resolution of allegations of violations of 
        title III of such Act.
            (2) Recommendations to streamline procedures.--Not later 
        than December 31, 2021, the Commission shall submit to Congress 
        a report on the review carried out under paragraph (1), and 
        shall include in the report such recommendations as the 
        Commission considers appropriate to streamline and improve the 
        procedures which are the subject of the review.

SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

    (a) In General.--Section 205 of the Help America Vote Act of 2002 
(52 U.S.C. 20925) is amended by striking subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into by the Election Assistance 
Commission on or after the date of the enactment of this Act.

                    PART 4--MISCELLANEOUS PROVISIONS

SEC. 1931. APPLICATION OF LAWS TO COMMONWEALTH OF NORTHERN MARIANA 
              ISLANDS.

    (a) National Voter Registration Act of 1993.--Section 3(4) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended 
by striking ``States and the District of Columbia'' and inserting 
``States, the District of Columbia, and the Commonwealth of the 
Northern Mariana Islands''.
    (b) Help America Vote Act of 2002.--
            (1) Coverage of commonwealth of the northern mariana 
        islands.--Section 901 of the Help America Vote Act of 2002 (52 
        U.S.C. 21141) is amended by striking ``and the United States 
        Virgin Islands'' and inserting ``the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana 
        Islands''.
            (2) Conforming amendments to help america vote act of 
        2002.--Such Act is further amended as follows:
                    (A) The second sentence of section 213(a)(2) (52 
                U.S.C. 20943(a)(2)) is amended by striking ``and 
                American Samoa'' and inserting ``American Samoa, and 
                the Commonwealth of the Northern Mariana Islands''.
                    (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is 
                amended by striking ``or the United States Virgin 
                Islands'' and inserting ``the United States Virgin 
                Islands, or the Commonwealth of the Northern Mariana 
                Islands''.
            (3) Conforming amendment relating to consultation of help 
        america vote foundation with local election officials.--Section 
        90102(c) of title 36, United States Code, is amended by 
        striking ``and the United States Virgin Islands'' and inserting 
        ``the United States Virgin Islands, and the Commonwealth of the 
        Northern Mariana Islands''.

SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OFFICE.

    (a) Definition.--Title IX of the Help America Vote Act of 2002 (52 
U.S.C. 21141 et seq.) is amended by adding at the end the following new 
section:

``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.

    ``For purposes of titles I through III, the term `election for 
Federal office' means a general, special, primary, or runoff election 
for the office of President or Vice President, or of Senator or 
Representative in, or Delegate or Resident Commissioner to, the 
Congress.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title IX the 
following new item:

``Sec. 907. Election for Federal office defined.''.

SEC. 1933. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT 
              TELEPHONE INFORMATION.

    (a) Amendment to Help America Vote Act of 2002.--Subtitle A of 
title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et 
seq.), as amended by section 1031(a), section 1056(a) section 1101(a), 
section 1102(a), section 1103(a), section 1104(a), section 1611(a), 
section 1621(a), section 1622(a), section 1623(b),section 1905(a), 
section 1906(a), section 1907(a), and section 1908(a), is amended--
            (1) by redesignating section 319 as section 320; and
            (2) by inserting after section 318 the following new 
        section:

``SEC. 319. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT 
              COLLECT TELEPHONE INFORMATION.

    ``(a) In General.--To the extent that any provision of this title 
imposes a requirement on a State or jurisdiction relating to contacting 
voters by telephone, such provision shall not apply in the case of any 
State in which continuously on and after the date of the enactment of 
this Act, does not collect telephone numbers for voters as part of 
voter registration in the State with respect to an election for Federal 
office.
    ``(b) Exception.--Subsection (a) shall not apply in any case in 
which the voter has voluntarily provided telephone information.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1101(d), section 1102(c), section 
1103(a)(3), section 1104(c), section 1611(c), section 1621(c), section 
1622(c), section 1623(b), section 1905(b), section 1906(a), section 
1907(b), and section 1908(b), is amended--
            (1) by redesignating the items relating to sections 319 as 
        relating to sections 320; and
            (2) by inserting after the item relating to section 318 the 
        following new item:

``Sec. 319. Application of certain provisions to States which do not 
                            collect telephone information.''.

SEC. 1934. NO EFFECT ON OTHER LAWS.

    (a) In General.--Except as specifically provided, nothing in this 
title may be construed to authorize or require conduct prohibited under 
any of the following laws, or to supersede, restrict, or limit the 
application of such laws:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Voting Accessibility for the Elderly and 
        Handicapped Act (52 U.S.C. 20101 et seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (4) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by any person of a payment or grant 
application under this title, or any other action taken by any person 
under this title, shall not be considered to have any effect on 
requirements for preclearance under section 5 of the Voting Rights Act 
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
    (c) No Effect on Authority of States To Provide Greater 
Opportunities for Voting.--Nothing in this title or the amendments made 
by this title may be construed to prohibit any State from enacting any 
law which provides greater opportunities for individuals to register to 
vote and to vote in elections for Federal office than are provided by 
this title and the amendments made by this title.

SEC. 1935. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER 
              REGISTRATION.

    To the extent that any provision of this title or any amendment 
made by this title imposes a requirement on a State relating to 
registering individuals to vote in elections for Federal office, such 
provision shall not apply in the case of any State in which, under law 
that is in effect continuously on and after the date of the enactment 
of this Act, there is no voter registration requirement for any voter 
in the State with respect to an election for Federal office.

         Subtitle O--Increased Protections for Election Workers

SEC. 1941. HARASSMENT OF ELECTION WORKERS PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United 6 States Code, as 
amended by section 1071(a), is amended by adding at the end the 
following new section:

``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS.

    ``(a) Harassment of Election Workers.--It shall be unlawful for any 
person, whether acting under color of law or otherwise, to intimidate, 
threaten, coerce, harass, or attempt to intimidate, threaten, coerce or 
harass an election worker described in subsection (b) with intent to 
impede, intimidate, or interfere with such official while engaged in 
the performance of official duties, or with intent to retaliate against 
such official on account of the performance of official duties.
    ``(b) Election Worker Described.--An election worker as described 
in this section is any individual who is an election official, poll 
worker, or an election volunteer in connection with an election for a 
Federal office.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $100,000, imprisoned for not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 1071(b), is amended 
by adding at the end the following new item:

``613. Harassment of election related officials.''.

SEC. 1942. PROTECTION OF ELECTION WORKERS.

    Paragraph (2) of section 119(b) of title 18, United States Code, is 
amended by striking ``or'' at the end of subparagraph (C), by inserting 
``or'' at the end of sub-paragraph (D), and by adding at the end the 
following new subparagraph:
                    ``(E) any individual who is an election official, a 
                poll worker, or an election volunteer in connection 
                with an election for a Federal office;''.

                        Subtitle P--Severability

SEC. 1951. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                      TITLE II--ELECTION INTEGRITY

Subtitle A--Findings Reaffirming the Commitment of Congress to Restore 
                     the Voting Rights Act of 1965

SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO RESTORE THE 
              VOTING RIGHTS ACT.

    (a) Findings.--Congress finds the following:
            (1) The right to vote for all Americans is a fundamental 
        right guaranteed by the United States Constitution.
            (2) Federal, State, and local governments should protect 
        the right to vote and promote voter participation across all 
        demographics.
            (3) The Voting Rights Act has empowered the Department of 
        Justice and Federal courts for nearly a half a century to block 
        discriminatory voting practices before their implementation in 
        States and localities with the most troubling histories, 
        ongoing records of racial discrimination, and demonstrations of 
        lower participation rates for protected classes.
            (4) There continues to be an alarming movement to erect 
        barriers to make it more difficult for Americans to participate 
        in our Nation's democratic process. The Nation has witnessed 
        unprecedented efforts to turn back the clock and enact 
        suppressive laws that block access to the franchise for 
        communities of color which have faced historic and continuing 
        discrimination, as well as disabled, young, elderly, and low-
        income Americans.
            (5) The Supreme Court's decision in Shelby County v. Holder 
        (570 U.S. 529 (2013)), gutted decades-long Federal protections 
        for communities of color and language-minority populations 
        facing ongoing discrimination, emboldening States and local 
        jurisdictions to pass voter suppression laws and implement 
        procedures, like those requiring photo identification, limiting 
        early voting hours, eliminating same-day registration, purging 
        voters from the rolls, and reducing the number of polling 
        places.
            (6) Racial discrimination in voting is a clear and 
        persistent problem. The actions of States and localities around 
        the country post-Shelby County, including at least 10 findings 
        by Federal courts of intentional discrimination, underscored 
        the need for Congress to conduct investigatory and evidentiary 
        hearings to determine the legislation necessary to restore the 
        Voting Rights Act and combat continuing efforts in America that 
        suppress the free exercise of the franchise in Black and other 
        communities of color.
            (7) Evidence of discriminatory voting practice spans from 
        decades ago through to the past several election cycles. The 
        2018 midterm elections, for example, demonstrated ongoing 
        discrimination in voting.
            (8) During the 116th Congress, congressional committees in 
        the House of Representatives held numerous hearings, collecting 
        substantial testimony and other evidence which underscored the 
        need to pass a restoration of the Voting Rights Act.
            (9) On December 6, 2019, the House of Representatives 
        passed the John R. Lewis Voting Rights Advancement Act, which 
        would restore and modernize the Voting Rights Act, in 
        accordance with language from the Shelby County decision. 
        Congress reaffirms that the barriers faced by too many voters 
        across this Nation when trying to cast their ballot necessitate 
        reintroduction of many of the protections once afforded by the 
        Voting Rights Act.
            (10) The 2020 primary and general elections provide further 
        evidence that systemic voter discrimination and intimidation 
        continues to occur in communities of color across the country, 
        making it clear that full access to the franchise will not be 
        achieved until Congress restores key provisions of the Voting 
        Rights Act.
            (11) As of late-February 2021, 43 States had introduced, 
        prefiled, or carried over 253 bills to restrict voting access 
        that, primarily, limit mail voting access, impose stricter 
        voter ID requirements, slash voter registration opportunities, 
        or enable more aggressive voter roll purges.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To improve access to the ballot for all citizens.
            (2) To establish procedures by which States and localities, 
        in accordance with past actions, submit voting practice changes 
        for preclearance by the Federal Government.
            (3) To enhance the integrity and security of our voting 
        systems.
            (4) To ensure greater accountability for the administration 
        of elections by States and localities.
            (5) To restore protections for voters against practices in 
        States and localities plagued by the persistence of voter 
        disenfranchisement.
            (6) To ensure that Federal civil rights laws protect the 
        rights of voters against discriminatory and deceptive 
        practices.

     Subtitle B--Findings Relating to Native American Voting Rights

SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING RIGHTS.

    Congress finds the following:
            (1) The right to vote for all Americans is sacred. Congress 
        must fulfill the Federal Government's trust responsibility to 
        protect and promote Native Americans' exercise of their 
        fundamental right to vote, including equal access to voter 
        registration voting mechanisms and locations, and the ability 
        to serve as election officials.
            (2) The Native American Voting Rights Coalition's four-
        State survey of voter discrimination (2016) and 9 field 
        hearings in Indian Country (2017 and 2018) revealed obstacles 
        that Native Americans must overcome, including a lack of 
        accessible and proximate registration and polling sites, 
        nontraditional addresses for residents on Indian reservations, 
        inadequate language assistance for Tribal members, and voter 
        identification laws that discriminate against Native Americans. 
        The Department of Justice and courts have recognized that some 
        jurisdictions have been unresponsive to reasonable requests 
        from federally recognized Indian Tribes for more accessible and 
        proximate voter registration sites and in-person voting 
        locations.
            (3) The 2018 midterm and 2020 general elections provide 
        further evidence that systemic voter discrimination and 
        intimidation continues to occur in communities of color and 
        Tribal lands across the country, making it clear that democracy 
        reform cannot be achieved until Congress restores key 
        provisions of the Voting Rights Act of 1965 and passes 
        additional protections.
            (4) Congress has broad, plenary authority to enact 
        legislation to safeguard the voting rights of Native American 
        voters.
            (5) Congress must conduct investigatory and evidentiary 
        hearings to determine the necessary legislation to restore the 
        Voting Rights Act of 1965 and combat continuous efforts that 
        suppress the voter franchise within Tribal lands, to include, 
        but not to be limited to, the Native American Voting Rights Act 
        and the Voting Rights Advancement Act.

    Subtitle C--Findings Relating to District of Columbia Statehood

SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA STATEHOOD.

    Congress finds the following:
            (1) The 705,000 District of Columbia residents deserve 
        voting representation in Congress and local self-government, 
        which only statehood can provide.
            (2) The United States is the only democratic country that 
        denies both voting representation in the national legislature 
        and local self-government to the residents of its nation's 
        capital.
            (3) There are no constitutional, historical, fiscal, or 
        economic reasons why the Americans who live in the District of 
        Columbia should not be granted statehood.
            (4) Since the founding of the United States, the residents 
        of the District of Columbia have always carried all of the 
        obligations of citizenship, including serving in all of the 
        Nation's wars and paying Federal taxes, but have been denied 
        voting representation in Congress and freedom from 
        congressional interference in purely local matters.
            (5) The District of Columbia pays more Federal taxes per 
        capita than any State and more Federal taxes than 22 States.
            (6) The District of Columbia has a larger population than 2 
        States (Wyoming and Vermont), and 6 States have a population 
        under one million.
            (7) The District of Columbia has a larger budget than 12 
        States.
            (8) The Constitution of the United States gives Congress 
        the authority to admit new States (clause 1, section 3, article 
        IV) and reduce the size of the seat of the Government of the 
        United States (clause 17, section 8, article I). All 37 new 
        States have been admitted by an act of Congress, and Congress 
        has previously reduced the size of the seat of the Government 
        of the United States.
            (9) On June 26, 2020, by a vote of 232-180, the House of 
        Representatives passed H.R. 51, the Washington, D.C. Admission 
        Act, which would have admitted the State of Washington, 
        Douglass Commonwealth from the residential portions of the 
        District of Columbia and reduced the size of the seat of the 
        Government of the United States to the United States Capitol, 
        the White House, the United States Supreme Court, the National 
        Mall, and the principal Federal monuments and buildings.

                 Subtitle D--Territorial Voting Rights

SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS.

    Congress finds the following:
            (1) The right to vote is one of the most powerful 
        instruments residents of the territories of the United States 
        have to ensure that their voices are heard.
            (2) These Americans have played an important part in the 
        American democracy for more than 120 years.
            (3) Political participation and the right to vote are among 
        the highest concerns of territorial residents in part because 
        they were not always afforded these rights.
            (4) Voter participation in the territories consistently 
        ranks higher than many communities on the mainland.
            (5) Territorial residents serve and die, on a per capita 
        basis, at a higher rate in every United States war and conflict 
        since World War I, as an expression of their commitment to 
        American democratic principles and patriotism.

SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF UNITED STATES 
              CITIZEN RESIDENTS OF TERRITORIES OF THE UNITED STATES.

    (a) Establishment.--There is established within the legislative 
branch a Congressional Task Force on Voting Rights of United States 
Citizen Residents of Territories of the United States (in this section 
referred to as the ``Task Force'').
    (b) Membership.--The Task Force shall be composed of 12 members as 
follows:
            (1) One Member of the House of Representatives, who shall 
        be appointed by the Speaker of the House of Representatives, in 
        coordination with the Chairman of the Committee on Natural 
        Resources of the House of Representatives.
            (2) One Member of the House of Representatives, who shall 
        be appointed by the Speaker of the House of Representatives, in 
        coordination with the Chairman of the Committee on the 
        Judiciary of the House of Representatives.
            (3) One Member of the House of Representatives, who shall 
        be appointed by the Speaker of the House of Representatives, in 
        coordination with the Chairman of the Committee on House 
        Administration of the House of Representatives.
            (4) One Member of the House of Representatives, who shall 
        be appointed by the minority leader of the House of 
        Representatives, in coordination with the ranking minority 
        member of the Committee on Natural Resources of the House of 
        Representatives.
            (5) One Member of the House of Representatives, who shall 
        be appointed by the minority leader of the House of 
        Representatives, in coordination with the ranking minority 
        member of the Committee on the Judiciary of the House of 
        Representatives.
            (6) One Member of the House of Representatives, who shall 
        be appointed by the minority leader of the House of 
        Representatives, in coordination with the ranking minority 
        member of the Committee on House Administration of the House of 
        Representatives.
            (7) One Member of the Senate, who shall be appointed by the 
        majority leader of the Senate, in coordination with the 
        Chairman of the Committee on Energy and Natural Resources of 
        the Senate.
            (8) One Member of the Senate, who shall be appointed by the 
        majority leader of the Senate, in coordination with the 
        Chairman of the Committee on the Judiciary of the Senate.
            (9) One Member of the Senate, who shall be appointed by the 
        majority leader of the Senate, in coordination with the 
        Chairman of the Committee on Rules and Administration of the 
        Senate.
            (10) One Member of the Senate, who shall be appointed by 
        the minority leader of the Senate, in coordination with the 
        ranking minority member of the Committee on Energy and Natural 
        Resources of the Senate.
            (11) One Member of the Senate, who shall be appointed by 
        the minority leader of the Senate, in coordination with the 
        ranking minority member of the Committee on the Judiciary of 
        the Senate.
            (12) One Member of the Senate, who shall be appointed by 
        the minority leader of the Senate, in coordination with the 
        ranking minority member of the Committee on Rules and 
        Administration of the Senate.
    (c) Deadline for Appointment.--All appointments to the Task Force 
shall be made not later than 30 days after the date of enactment of 
this Act.
    (d) Chair.--The Speaker shall designate one Member to serve as 
chair of the Task Force.
    (e) Vacancies.--Any vacancy in the Task Force shall be filled in 
the same manner as the original appointment.
    (f) Status Update.--After August 31, 2021, and before October 1, 
2021, the Task Force shall provide a status update to the House of 
Representatives and the Senate that includes--
            (1) information the Task Force has collected; and
            (2) a discussion on matters that the chairman of the Task 
        Force determines are urgent for consideration by Congress.
    (g) Report.--Not later than December 31, 2021, the Task Force shall 
issue a report of its findings to the House of Representatives and the 
Senate regarding--
            (1) the economic and societal consequences (demonstrated 
        through statistical data and other metrics) that come with 
        political disenfranchisement of United States citizens in 
        territories of the United States;
            (2) impediments to full and equal voting rights for United 
        States citizens who are residents of territories of the United 
        States in Federal elections, including the election of the 
        President and Vice President of the United States;
            (3) impediments to full and equal voting representation in 
        the House of Representatives for United States citizens who are 
        residents of territories of the United States;
            (4) recommended changes that, if adopted, would allow for 
        full and equal voting rights for United States citizens who are 
        residents of territories of the United States in Federal 
        elections, including the election of the President and Vice 
        President of the United States;
            (5) recommended changes that, if adopted, would allow for 
        full and equal voting representation in the House of 
        Representatives for United States citizens who are residents of 
        territories of the United States; and
            (6) additional information the Task Force determines is 
        appropriate.
    (h) Consensus Views.--To the greatest extent practicable, the 
report issued under subsection (g) shall reflect the shared views of 
all 12 Members of the Task Force, except that the report may contain 
dissenting views.
    (i) Hearings and Sessions.--The Task Force may, for the purpose of 
carrying out this section, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Task Force 
considers appropriate.
    (j) Stakeholder Participation.--In carrying out its duties, the 
Task Force shall consult with the governments of American Samoa, Guam, 
the Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, and the United States Virgin Islands.
    (k) Resources.--The Task Force shall carry out its duties by 
utilizing existing facilities, services, and staff of the House of 
Representatives and the Senate.
    (l) Termination.--The Task Force shall terminate upon issuing the 
report required under subsection (g).

                    Subtitle E--Redistricting Reform

SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This subtitle may be cited as the ``Redistricting 
Reform Act of 2021''.
    (b) Finding of Constitutional Authority.--Congress finds that it 
has the authority to establish the terms and conditions States must 
follow in carrying out congressional redistricting after an 
apportionment of Members of the House of Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the 14th amendment to the Constitution gives Congress the power 
        to enact laws to enforce section 2 of such amendment, which 
        requires Representatives to be apportioned among the several 
        States according to their number.

          PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED 
              THROUGH PLAN OF INDEPENDENT STATE COMMISSION.

    (a) Use of Plan Required.--Notwithstanding any other provision of 
law, and except as provided in subsection (c), any congressional 
redistricting conducted by a State shall be conducted in accordance 
with--
            (1) the redistricting plan developed and enacted into law 
        by the independent redistricting commission established in the 
        State, in accordance with part 2; or
            (2) if a plan developed by such commission is not enacted 
        into law, the redistricting plan developed and enacted into law 
        by a 3-judge court, in accordance with section 2421.
    (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner 
provided by the law thereof'' and inserting ``in the manner provided by 
the Redistricting Reform Act of 2021''.
    (c) Special Rule for Existing Commissions.--Subsection (a) does not 
apply to any State in which, under law in effect continuously on and 
after the date of the enactment of this Act, congressional 
redistricting is carried out in accordance with a plan developed and 
approved by an independent redistricting commission that is in 
compliance with each of the following requirements:
            (1) Publicly available application process.--Membership on 
        the commission is open to citizens of the State through a 
        publicly available application process.
            (2) Disqualifications for government service and political 
        appointment.--Individuals who, for a covered period of time as 
        established by the State, hold or have held public office, 
        individuals who are or have been candidates for elected public 
        office, and individuals who serve or have served as an officer, 
        employee, or paid consultant of a campaign committee of a 
        candidate for public office are disqualified from serving on 
        the commission.
            (3) Screening for conflicts.--Individuals who apply to 
        serve on the commission are screened through a process that 
        excludes persons with conflicts of interest from the pool of 
        potential commissioners.
            (4) Multi-partisan composition.--Membership on the 
        commission represents those who are affiliated with the 2 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State, as well as those who are unaffiliated with any party 
        or who are affiliated with political parties other than the 2 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State.
            (5) Criteria for redistricting.--Members of the commission 
        are required to meet certain criteria in the map drawing 
        process, including minimizing the division of communities of 
        interest and a ban on drawing maps to favor a political party.
            (6) Public input.--Public hearings are held and comments 
        from the public are accepted before a final map is approved.
            (7) Broad-based support for approval of final plan.--The 
        approval of the final redistricting plan requires a majority 
        vote of the members of the commission, including the support of 
        at least one member of each of the following:
                    (A) Members who are affiliated with the political 
                party whose candidate received the most votes in the 
                most recent statewide election for Federal office held 
                in the State.
                    (B) Members who are affiliated with the political 
                party whose candidate received the second most votes in 
                the most recent statewide election for Federal office 
                held in the State.
                    (C) Members who are not affiliated with any 
                political party or who are affiliated with political 
                parties other than the political parties described in 
                subparagraphs (A) and (B).
    (d) Treatment of State of Iowa.--Subsection (a) does not apply to 
the State of Iowa, so long as congressional redistricting in such State 
is carried out in accordance with a plan developed by the Iowa 
Legislative Services Agency with the assistance of a Temporary 
Redistricting Advisory Commission, under law which was in effect for 
the most recent congressional redistricting carried out in the State 
prior to the date of the enactment of this Act and which remains in 
effect continuously on and after the date of the enactment of this Act.

SEC. 2402. BAN ON MID-DECADE REDISTRICTING.

    A State that has been redistricted in accordance with this subtitle 
and a State described in section 2401(c) may not be redistricted again 
until after the next apportionment of Representatives under section 
22(a) of the Act entitled ``An Act to provide for the fifteenth and 
subsequent decennial censuses and to provide for an apportionment of 
Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), 
unless a court requires the State to conduct such subsequent 
redistricting to comply with the Constitution of the United States, the 
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the Constitution 
of the State, or the terms or conditions of this subtitle.

SEC. 2403. CRITERIA FOR REDISTRICTING.

    (a) Criteria.--Under the redistricting plan of a State, there shall 
be established single-member congressional districts using the 
following criteria as set forth in the following order of priority:
            (1) Districts shall comply with the United States 
        Constitution, including the requirement that they equalize 
        total population.
            (2) Districts shall comply with the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.), including by creating any 
        districts where two or more politically cohesive groups 
        protected by such Act are able to elect representatives of 
        choice in coalition with one another, and all applicable 
        Federal laws.
            (3) Districts shall be drawn, to the extent that the 
        totality of the circumstances warrant, to ensure the practical 
        ability of a group protected under the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.) to participate in the political 
        process and to nominate candidates and to elect representatives 
        of choice is not diluted or diminished, regardless of whether 
        or not such protected group constitutes a majority of a 
        district's citizen voting age population.
            (4) Districts shall respect communities of interest, 
        neighborhoods, and political subdivisions to the extent 
        practicable and after compliance with the requirements of 
        paragraphs (1) through (3). A community of interest is defined 
        as an area with recognized similarities of interests, including 
        ethnic, racial, economic, tribal, social, cultural, geographic 
        or historic identities. The term communities of interest may, 
        in certain circumstances, include political subdivisions such 
        as counties, municipalities, tribal lands and reservations, or 
        school districts, but shall not include common relationships 
        with political parties or political candidates.
    (b) No Favoring or Disfavoring of Political Parties.--
            (1) Prohibition.--The redistricting plan enacted by a State 
        shall not, when considered on a Statewide basis, be drawn with 
        the intent or the effect of unduly favoring or disfavoring any 
        political party.
            (2) Determination of effect.--
                    (A) Totality of circumstances.--For purposes of 
                paragraph (1), the determination of whether a 
                redistricting plan has the effect of unduly favoring or 
                disfavoring a political party shall be based on the 
                totality of circumstances, including evidence regarding 
                the durability and severity of a plan's partisan bias.
                    (B) Plans deemed to have effect of unduly favoring 
                or disfavoring a political party.--Without limiting 
                other ways in which a redistricting plan may be 
                determined to have the effect of unduly favoring or 
                disfavoring a political party under the totality of 
                circumstances under subparagraph (A), a redistricting 
                plan shall be deemed to have the effect of unduly 
                favoring or disfavoring a political party if--
                            (i) modeling based on relevant historical 
                        voting patterns shows that the plan is 
                        statistically likely to result in a partisan 
                        bias of more than one seat in States with 20 or 
                        fewer congressional districts or a partisan 
                        bias of more than 2 seats in States with more 
                        than 20 congressional districts, as determined 
                        using quantitative measures of partisan 
                        fairness, which may include, but are not 
                        limited to, the seats-to-votes curve for an 
                        enacted plan, the efficiency gap, the 
                        declination, partisan asymmetry, and the mean-
                        median difference; and
                            (ii) alternative plans, which may include, 
                        but are not limited to, those generated by 
                        redistricting algorithms, exist that could have 
                        complied with the requirements of law and not 
                        been in violation of paragraph (1).
            (3) Determination of intent.--For purposes of paragraph 
        (1), a rebuttable presumption shall exist that a redistricting 
        plan enacted by the legislature of a State was not enacted with 
        the intent of unduly favoring or disfavoring a political party 
        if the plan was enacted with the support of at least a third of 
        the members of the second largest political party in each house 
        of the legislature.
            (4) No violation based on certain criteria.--No 
        redistricting plan shall be found to be in violation of 
        paragraph (1) because of partisan bias attributable to the 
        application of the criteria set forth in paragraphs (1), (2), 
        or (3) of subsection (a), unless one or more alternative plans 
        could have complied with such paragraphs without having the 
        effect of unduly favoring or disfavoring a political party.
    (c) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the independent redistricting 
commission may not take into consideration any of the following 
factors, except as necessary to comply with the criteria described in 
paragraphs (1) through (3) of subsection (a), to achieve partisan 
fairness and comply with subsection (b), and to enable the 
redistricting plan to be measured against the external metrics 
described in section 2413(d):
            (1) The residence of any Member of the House of 
        Representatives or candidate.
            (2) The political party affiliation or voting history of 
        the population of a district.
    (d) Applicability.--This section applies to any authority, whether 
appointed, elected, judicial, or otherwise, that designs or enacts a 
congressional redistricting plan of a State.
    (e) Severability of Criteria.--If any of the criteria set forth in 
this section, or the application of such criteria to any person or 
circumstance, is held to be unconstitutional, the remaining criteria 
set forth in this section, and the application of such criteria to any 
person or circumstance, shall not be affected by the holding.

             PART 2--INDEPENDENT REDISTRICTING COMMISSIONS

SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 2414(a) shall establish an 
        independent redistricting commission for the State, which shall 
        consist of 15 members appointed by the agency as follows:
                    (A) Not later than October 1 of a year ending in 
                the numeral zero, the agency shall, at a public meeting 
                held not earlier than 15 days after notice of the 
                meeting has been given to the public, first appoint 6 
                members as follows:
                            (i) The agency shall appoint 2 members on a 
                        random basis from the majority category of the 
                        approved selection pool (as described in 
                        section 2412(b)(1)(A)).
                            (ii) The agency shall appoint 2 members on 
                        a random basis from the minority category of 
                        the approved selection pool (as described in 
                        section 2412(b)(1)(B)).
                            (iii) The agency shall appoint 2 members on 
                        a random basis from the independent category of 
                        the approved selection pool (as described in 
                        section 2412(b)(1)(C)).
                    (B) Not later than November 15 of a year ending in 
                the numeral zero, the members appointed by the agency 
                under subparagraph (A) shall, at a public meeting held 
                not earlier than 15 days after notice of the meeting 
                has been given to the public, then appoint 9 members as 
                follows:
                            (i) The members shall appoint 3 members 
                        from the majority category of the approved 
                        selection pool (as described in section 
                        2412(b)(1)(A)).
                            (ii) The members shall appoint 3 members 
                        from the minority category of the approved 
                        selection pool (as described in section 
                        2412(b)(1)(B)).
                            (iii) The members shall appoint 3 members 
                        from the independent category of the approved 
                        selection pool (as described in section 
                        2412(b)(1)(C)).
            (2) Rules for appointment of members appointed by first 
        members.--
                    (A) Affirmative vote of at least 4 members.--The 
                appointment of any of the 9 members of the independent 
                redistricting commission who are appointed by the first 
                members of the commission pursuant to subparagraph (B) 
                of paragraph (1), as well as the designation of 
                alternates for such members pursuant to subparagraph 
                (B) of paragraph (3) and the appointment of alternates 
                to fill vacancies pursuant to subparagraph (B) of 
                paragraph (4), shall require the affirmative vote of at 
                least 4 of the members appointed by the nonpartisan 
                agency under subparagraph (A) of paragraph (1), 
                including at least one member from each of the 
                categories referred to in such subparagraph.
                    (B) Ensuring diversity.--In appointing the 9 
                members pursuant to subparagraph (B) of paragraph (1), 
                as well as in designating alternates pursuant to 
                subparagraph (B) of paragraph (3) and in appointing 
                alternates to fill vacancies pursuant to subparagraph 
                (B) of paragraph (4), the first members of the 
                independent redistricting commission shall ensure that 
                the membership is representative of the demographic 
                groups (including racial, ethnic, economic, and gender) 
                and geographic regions of the State, and provides 
                racial, ethnic, and language minorities protected under 
                the Voting Rights Act of 1965 with a meaningful 
                opportunity to participate in the development of the 
                State's redistricting plan.
            (3) Designation of alternates to serve in case of 
        vacancies.--
                    (A) Members appointed by agency.--At the time the 
                agency appoints the members of the independent 
                redistricting commission under subparagraph (A) of 
                paragraph (1) from each of the categories referred to 
                in such subparagraph, the agency shall, on a random 
                basis, designate 2 other individuals from such category 
                to serve as alternate members who may be appointed to 
                fill vacancies in the commission in accordance with 
                paragraph (4).
                    (B) Members appointed by first members.--At the 
                time the members appointed by the agency appoint the 
                other members of the independent redistricting 
                commission under subparagraph (B) of paragraph (1) from 
                each of the categories referred to in such 
                subparagraph, the members shall, in accordance with the 
                special rules described in paragraph (2), designate 2 
                other individuals from such category to serve as 
                alternate members who may be appointed to fill 
                vacancies in the commission in accordance with 
                paragraph (4).
            (4) Appointment of alternates to serve in case of 
        vacancies.--
                    (A) Members appointed by agency.--If a vacancy 
                occurs in the commission with respect to a member who 
                was appointed by the nonpartisan agency under 
                subparagraph (A) of paragraph (1) from one of the 
                categories referred to in such subparagraph, the agency 
                shall fill the vacancy by appointing, on a random 
                basis, one of the 2 alternates from such category who 
                was designated under subparagraph (A) of paragraph (3). 
                At the time the agency appoints an alternate to fill a 
                vacancy under the previous sentence, the agency shall 
                designate, on a random basis, another individual from 
                the same category to serve as an alternate member, in 
                accordance with subparagraph (A) of paragraph (3).
                    (B) Members appointed by first members.--If a 
                vacancy occurs in the commission with respect to a 
                member who was appointed by the first members of the 
                commission under subparagraph (B) of paragraph (1) from 
                one of the categories referred to in such subparagraph, 
                the first members shall, in accordance with the special 
                rules described in paragraph (2), fill the vacancy by 
                appointing one of the 2 alternates from such category 
                who was designated under subparagraph (B) of paragraph 
                (3). At the time the first members appoint an alternate 
                to fill a vacancy under the previous sentence, the 
                first members shall, in accordance with the special 
                rules described in paragraph (2), designate another 
                individual from the same category to serve as an 
                alternate member, in accordance with subparagraph (B) 
                of paragraph (3).
            (5) Removal.--A member of the independent redistricting 
        commission may be removed by a majority vote of the remaining 
        members of the commission if it is shown by a preponderance of 
        the evidence that the member is not eligible to serve on the 
        commission under section 2412(a).
    (b) Procedures for Conducting Commission Business.--
            (1) Chair.--Members of an independent redistricting 
        commission established under this section shall select by 
        majority vote one member who was appointed from the independent 
        category of the approved selection pool described in section 
        2412(b)(1)(C) to serve as chair of the commission. The 
        commission may not take any action to develop a redistricting 
        plan for the State under section 2413 until the appointment of 
        the commission's chair.
            (2) Requiring majority approval for actions.--The 
        independent redistricting commission of a State may not publish 
        and disseminate any draft or final redistricting plan, or take 
        any other action, without the approval of at least--
                    (A) a majority of the whole membership of the 
                commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 2412(b)(1).
            (3) Quorum.--A majority of the members of the commission 
        shall constitute a quorum.
    (c) Staff; Contractors.--
            (1) Staff.--Under a public application process in which all 
        application materials are available for public inspection, the 
        independent redistricting commission of a State shall appoint 
        and set the pay of technical experts, legal counsel, 
        consultants, and such other staff as it considers appropriate, 
        subject to State law.
            (2) Contractors.--The independent redistricting commission 
        of a State may enter into such contracts with vendors as it 
        considers appropriate, subject to State law, except that any 
        such contract shall be valid only if approved by the vote of a 
        majority of the members of the commission, including at least 
        one member appointed from each of the categories of the 
        approved selection pool described in section 2412(b)(1).
            (3) Reports on expenditures for political activity.--
                    (A) Report by applicants.--Each individual who 
                applies for a position as an employee of the 
                independent redistricting commission and each vendor 
                who applies for a contract with the commission shall, 
                at the time of applying, file with the commission a 
                report summarizing--
                            (i) any expenditure for political activity 
                        made by such individual or vendor during the 10 
                        most recent calendar years; and
                            (ii) any income received by such individual 
                        or vendor during the 10 most recent calendar 
                        years which is attributable to an expenditure 
                        for political activity.
                    (B) Annual reports by employees and vendors.--Each 
                person who is an employee or vendor of the independent 
                redistricting commission shall, not later than one year 
                after the person is appointed as an employee or enters 
                into a contract as a vendor (as the case may be) and 
                annually thereafter for each year during which the 
                person serves as an employee or a vendor, file with the 
                commission a report summarizing the expenditures and 
                income described in subparagraph (A) during the 10 most 
                recent calendar years.
                    (C) Expenditure for political activity defined.--In 
                this paragraph, the term ``expenditure for political 
                activity'' means a disbursement for any of the 
                following:
                            (i) An independent expenditure, as defined 
                        in section 301(17) of the Federal Election 
                        Campaign Act of 1971 (52 U.S.C. 30101(17)).
                            (ii) An electioneering communication, as 
                        defined in section 304(f)(3) of such Act (52 
                        U.S.C. 30104(f)(3)) or any other public 
                        communication, as defined in section 301(22) of 
                        such Act (52 U.S.C. 30101(22)) that would be an 
                        electioneering communication if it were a 
                        broadcast, cable, or satellite communication.
                            (iii) Any dues or other payments to trade 
                        associations or organizations described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of such Code that are, or could reasonably be 
                        anticipated to be, used or transferred to 
                        another association or organization for a use 
                        described in paragraph (1), (2), or (4) of 
                        section 501(c) of such Code.
            (4) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, and any vendor with whom the 
        commission enters into a contract under this subsection, will 
        work in an impartial manner, and may require any person who 
        applies for an appointment to a staff position or for a 
        vendor's contract with the commission to provide information on 
        the person's history of political activity beyond the 
        information on the person's expenditures for political activity 
        provided in the reports required under paragraph (3) (including 
        donations to candidates, political committees, and political 
        parties) as a condition of the appointment or the contract.
            (5) Disqualification; waiver.--
                    (A) In general.--The independent redistricting 
                commission may not appoint an individual as an 
                employee, and may not enter into a contract with a 
                vendor, if the individual or vendor meets any of the 
                criteria for the disqualification of an individual from 
                serving as a member of the commission which are set 
                forth in section 2412(a)(2).
                    (B) Waiver.--The commission may by unanimous vote 
                of its members waive the application of subparagraph 
                (A) to an individual or a vendor after receiving and 
                reviewing the report filed by the individual or vendor 
                under paragraph (3).
    (d) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the earlier of--
                    (A) June 14 of the next year ending in the numeral 
                zero; or
                    (B) the day on which the nonpartisan agency 
                established or designated by a State under section 
                2414(a) has, in accordance with section 2412(b)(1), 
                submitted a selection pool to the Select Committee on 
                Redistricting for the State established under section 
                2414(b).
            (2) Preservation of records.--The State shall ensure that 
        the records of the independent redistricting commission are 
        retained in the appropriate State archive in such manner as may 
        be necessary to enable the State to respond to any civil action 
        brought with respect to congressional redistricting in the 
        State.

SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO 
              SERVE AS MEMBERS OF COMMISSION.

    (a) Criteria for Eligibility.--
            (1) In general.--An individual is eligible to serve as a 
        member of an independent redistricting commission if the 
        individual meets each of the following criteria:
                    (A) As of the date of appointment, the individual 
                is registered to vote in elections for Federal office 
                held in the State.
                    (B) During the 3-year period ending on the date of 
                the individual's appointment, the individual has been 
                continuously registered to vote with the same political 
                party, or has not been registered to vote with any 
                political party.
                    (C) The individual submits to the nonpartisan 
                agency established or designated by a State under 
                section 2414, at such time and in such form as the 
                agency may require, an application for inclusion in the 
                selection pool under this section, and includes with 
                the application a written statement, with an 
                attestation under penalty of perjury, containing the 
                following information and assurances:
                            (i) The full current name and any former 
                        names of, and the contact information for, the 
                        individual, including an electronic mail 
                        address, the address of the individual's 
                        residence, mailing address, and telephone 
                        numbers.
                            (ii) The individual's race, ethnicity, 
                        gender, age, date of birth, and household 
                        income for the most recent taxable year.
                            (iii) The political party with which the 
                        individual is affiliated, if any.
                            (iv) The reason or reasons the individual 
                        desires to serve on the independent 
                        redistricting commission, the individual's 
                        qualifications, and information relevant to the 
                        ability of the individual to be fair and 
                        impartial, including--
                                    (I) any involvement with, or 
                                financial support of, professional, 
                                social, political, religious, or 
                                community organizations or causes; and
                                    (II) the individual's employment 
                                and educational history.
                            (v) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this subtitle in an honest, independent, 
                        and impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (vi) An assurance that, during the covered 
                        periods described in paragraph (3), the 
                        individual has not taken and will not take any 
                        action which would disqualify the individual 
                        from serving as a member of the commission 
                        under paragraph (2).
            (2) Disqualifications.--An individual is not eligible to 
        serve as a member of the commission if any of the following 
        applies during any of the covered periods described in 
        paragraph (3):
                    (A) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds public office or is a candidate for 
                election for public office.
                    (B) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual serves as an officer of a political party or 
                as an officer, employee, or paid consultant of a 
                campaign committee of a candidate for public office or 
                of any political action committee (as determined in 
                accordance with the law of the State).
                    (C) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds a position as a registered lobbyist 
                under the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1601 et seq.) or an equivalent State or local law.
                    (D) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual is an employee of an elected public 
                official, a contractor with the government of the 
                State, or a donor to the campaign of any candidate for 
                public office or to any political action committee 
                (other than a donor who, during any of such covered 
                periods, gives an aggregate amount of $1,000 or less to 
                the campaigns of all candidates for all public offices 
                and to all political action committees).
                    (E) The individual paid a civil money penalty or 
                criminal fine, or was sentenced to a term of 
                imprisonment, for violating any provision of the 
                Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
                et seq.).
                    (F) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual is an agent of a foreign principal under the 
                Foreign Agents Registration Act of 1938, as amended (22 
                U.S.C. 611 et seq.).
            (3) Covered periods described.--In this subsection, the 
        term ``covered period'' means, with respect to the appointment 
        of an individual to the commission, any of the following:
                    (A) The 10-year period ending on the date of the 
                individual's appointment.
                    (B) The period beginning on the date of the 
                individual's appointment and ending on August 14 of the 
                next year ending in the numeral one.
                    (C) The 10-year period beginning on the day after 
                the last day of the period described in subparagraph 
                (B).
            (4) Immediate family member defined.--In this subsection, 
        the term ``immediate family member'' means, with respect to an 
        individual, a father, stepfather, mother, stepmother, son, 
        stepson, daughter, stepdaughter, brother, stepbrother, sister, 
        stepsister, husband, wife, father-in-law, or mother-in-law.
    (b) Development and Submission of Selection Pool.--
            (1) In general.--Not later than June 15 of each year ending 
        in the numeral zero, the nonpartisan agency established or 
        designated by a State under section 2414(a) shall develop and 
        submit to the Select Committee on Redistricting for the State 
        established under section 2414(b) a selection pool of 36 
        individuals who are eligible to serve as members of the 
        independent redistricting commission of the State under this 
        subtitle, consisting of individuals in the following 
        categories:
                    (A) A majority category, consisting of 12 
                individuals who are affiliated with the political party 
                whose candidate received the most votes in the most 
                recent statewide election for Federal office held in 
                the State.
                    (B) A minority category, consisting of 12 
                individuals who are affiliated with the political party 
                whose candidate received the second most votes in the 
                most recent statewide election for Federal office held 
                in the State.
                    (C) An independent category, consisting of 12 
                individuals who are not affiliated with either of the 
                political parties described in subparagraph (A) or 
                subparagraph (B).
            (2) Factors taken into account in developing pool.--In 
        selecting individuals for the selection pool under this 
        subsection, the nonpartisan agency shall--
                    (A) ensure that the pool is representative of the 
                demographic groups (including racial, ethnic, economic, 
                and gender) and geographic regions of the State, and 
                includes applicants who would allow racial, ethnic, and 
                language minorities protected under the Voting Rights 
                Act of 1965 a meaningful opportunity to participate in 
                the development of the State's redistricting plan; and
                    (B) take into consideration the analytical skills 
                of the individuals selected in relevant fields 
                (including mapping, data management, law, community 
                outreach, demography, and the geography of the State) 
                and their ability to work on an impartial basis.
            (3) Interviews of applicants.--To assist the nonpartisan 
        agency in developing the selection pool under this subsection, 
        the nonpartisan agency shall conduct interviews of applicants 
        under oath. If an individual is included in a selection pool 
        developed under this section, all of the interviews of the 
        individual shall be transcribed and the transcriptions made 
        available on the nonpartisan agency's website contemporaneously 
        with release of the report under paragraph (6).
            (4) Determination of political party affiliation of 
        individuals in selection pool.--For purposes of this section, 
        an individual shall be considered to be affiliated with a 
        political party only if the nonpartisan agency is able to 
        verify (to the greatest extent possible) the information the 
        individual provides in the application submitted under 
        subsection (a)(1)(C), including by considering additional 
        information provided by other persons with knowledge of the 
        individual's history of political activity.
            (5) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic regions and demographic groups are aware of the 
        opportunity to serve on the independent redistricting 
        commission, including publicizing the role of the panel and 
        using newspapers, broadcast media, and online sources, 
        including ethnic media, to encourage individuals to apply for 
        inclusion in the selection pool developed under this 
        subsection.
            (6) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish and post on the agency's public website a report 
        describing the process by which the pool was developed, and 
        shall include in the report a description of how the 
        individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (7) Public comment on selection pool.--During the 14-day 
        period which begins on the date the nonpartisan agency 
        publishes the report under paragraph (6), the agency shall 
        accept comments from the public on the individuals included in 
        the selection pool. The agency shall post all such comments 
        contemporaneously on the nonpartisan agency's website and shall 
        transmit them to the Select Committee on Redistricting 
        immediately upon the expiration of such period.
            (8) Action by select committee.--
                    (A) In general.--Not earlier than 15 days and not 
                later than 21 days after receiving the selection pool 
                from the nonpartisan agency under paragraph (1), the 
                Select Committee on Redistricting shall, by majority 
                vote--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 2411(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        replacement selection pool in accordance with 
                        subsection (c).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (c) Development of Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the selection pool submitted by the nonpartisan agency 
        under subsection (b), not later than 14 days after the 
        rejection, the nonpartisan agency shall develop and submit to 
        the Select Committee a replacement selection pool, under the 
        same terms and conditions that applied to the development and 
        submission of the selection pool under paragraphs (1) through 
        (7) of subsection (b). The replacement pool submitted under 
        this paragraph may include individuals who were included in the 
        rejected selection pool submitted under subsection (b), so long 
        as at least one of the individuals in the replacement pool was 
        not included in such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 21 days after 
                receiving the replacement selection pool from the 
                nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall, by majority vote--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 2411(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        second replacement selection pool in accordance 
                        with subsection (d).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (d) Development of Second Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the replacement selection pool submitted by the 
        nonpartisan agency under subsection (c), not later than 14 days 
        after the rejection, the nonpartisan agency shall develop and 
        submit to the Select Committee a second replacement selection 
        pool, under the same terms and conditions that applied to the 
        development and submission of the selection pool under 
        paragraphs (1) through (7) of subsection (b). The second 
        replacement selection pool submitted under this paragraph may 
        include individuals who were included in the rejected selection 
        pool submitted under subsection (b) or the rejected replacement 
        selection pool submitted under subsection (c), so long as at 
        least one of the individuals in the replacement pool was not 
        included in either such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not earlier than 15 days and not 
                later than 14 days after receiving the second 
                replacement selection pool from the nonpartisan agency 
                under paragraph (1), the Select Committee on 
                Redistricting shall, by majority vote--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 2411(a)(1); or
                            (ii) reject the pool.
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
                    (C) Effect of rejection.--If the Select Committee 
                on Redistricting rejects the second replacement pool 
                from the nonpartisan agency under paragraph (1), the 
                redistricting plan for the State shall be developed and 
                enacted in accordance with part 3.

SEC. 2413. PUBLIC NOTICE AND INPUT.

    (a) Public Notice and Input.--
            (1) Use of open and transparent process.--The independent 
        redistricting commission of a State shall hold each of its 
        meetings in public, shall solicit and take into consideration 
        comments from the public, including proposed maps, throughout 
        the process of developing the redistricting plan for the State, 
        and shall carry out its duties in an open and transparent 
        manner which provides for the widest public dissemination 
        reasonably possible of its proposed and final redistricting 
        plans.
            (2) Website.--
                    (A) Features.--The commission shall maintain a 
                public internet site which is not affiliated with or 
                maintained by the office of any elected official and 
                which includes the following features:
                            (i) General information on the commission, 
                        its role in the redistricting process, and its 
                        members, including contact information.
                            (ii) An updated schedule of commission 
                        hearings and activities, including deadlines 
                        for the submission of comments.
                            (iii) All draft redistricting plans 
                        developed by the commission under subsection 
                        (b) and the final redistricting plan developed 
                        under subsection (c), including the 
                        accompanying written evaluation under 
                        subsection (d).
                            (iv) All comments received from the public 
                        on the commission's activities, including any 
                        proposed maps submitted under paragraph (1).
                            (v) Live streaming of commission hearings 
                        and an archive of previous meetings, including 
                        any documents considered at any such meeting, 
                        which the commission shall post not later than 
                        24 hours after the conclusion of the meeting.
                            (vi) Access in an easily usable format to 
                        the demographic and other data used by the 
                        commission to develop and analyze the proposed 
                        redistricting plans, together with access to 
                        any software used to draw maps of proposed 
                        districts and to any reports analyzing and 
                        evaluating any such maps.
                            (vii) A method by which members of the 
                        public may submit comments and proposed maps 
                        directly to the commission.
                            (viii) All records of the commission, 
                        including all communications to or from 
                        members, employees, and contractors regarding 
                        the work of the commission.
                            (ix) A list of all contractors receiving 
                        payment from the commission, together with the 
                        annual disclosures submitted by the contractors 
                        under section 2411(c)(3).
                            (x) A list of the names of all individuals 
                        who submitted applications to serve on the 
                        commission, together with the applications 
                        submitted by individuals included in any 
                        selection pool, except that the commission may 
                        redact from such applications any financial or 
                        other personally sensitive information.
                    (B) Searchable format.--The commission shall ensure 
                that all information posted and maintained on the site 
                under this paragraph, including information and 
                proposed maps submitted by the public, shall be 
                maintained in an easily searchable format.
                    (C) Deadline.--The commission shall ensure that the 
                public internet site under this paragraph is 
                operational (in at least a preliminary format) not 
                later than January 1 of the year ending in the numeral 
                one.
            (3) Public comment period.--The commission shall solicit, 
        accept, and consider comments from the public with respect to 
        its duties, activities, and procedures at any time during the 
        period--
                    (A) which begins on January 1 of the year ending in 
                the numeral one; and
                    (B) which ends 7 days before the date of the 
                meeting at which the commission shall vote on approving 
                the final redistricting plan for enactment into law 
                under subsection (c)(2).
            (4) Meetings and hearings in various geographic 
        locations.--To the greatest extent practicable, the commission 
        shall hold its meetings and hearings in various geographic 
        regions and locations throughout the State.
            (5) Multiple language requirements for all notices.--The 
        commission shall make each notice which is required to be 
        posted and published under this section available in any 
        language in which the State (or any jurisdiction in the State) 
        is required to provide election materials under section 203 of 
        the Voting Rights Act of 1965 (52 U.S.C. 10503).
    (b) Development and Publication of Preliminary Redistricting 
Plan.--
            (1) In general.--Prior to developing and publishing a final 
        redistricting plan under subsection (c), the independent 
        redistricting commission of a State shall develop and publish a 
        preliminary redistricting plan.
            (2) Minimum public hearings and opportunity for comment 
        prior to development.--
                    (A) 3 hearings required.--Prior to developing a 
                preliminary redistricting plan under this subsection, 
                the commission shall hold not fewer than 3 public 
                hearings at which members of the public may provide 
                input and comments regarding the potential contents of 
                redistricting plans for the State and the process by 
                which the commission will develop the preliminary plan 
                under this subsection.
                    (B) Minimum period for notice prior to hearings.--
                Not fewer than 14 days prior to the date of each 
                hearing held under this paragraph, the commission shall 
                post notices of the hearing on the website maintained 
                under subsection (a)(2), and shall provide for the 
                publication of such notices in newspapers of general 
                circulation throughout the State. Each such notice 
                shall specify the date, time, and location of the 
                hearing.
                    (C) Submission of plans and maps by members of the 
                public.--Any member of the public may submit maps or 
                portions of maps for consideration by the commission. 
                As provided under subsection (a)(2)(A), any such map 
                shall be made publicly available on the commission's 
                website and open to comment.
            (3) Publication of preliminary plan.--
                    (A) In general.--The commission shall post the 
                preliminary redistricting plan developed under this 
                subsection, together with a report that includes the 
                commission's responses to any public comments received 
                under subsection (a)(3), on the website maintained 
                under subsection (a)(2), and shall provide for the 
                publication of each such plan in newspapers of general 
                circulation throughout the State.
                    (B) Minimum period for notice prior to 
                publication.--Not fewer than 14 days prior to the date 
                on which the commission posts and publishes the 
                preliminary plan under this paragraph, the commission 
                shall notify the public through the website maintained 
                under subsection (a)(2), as well as through publication 
                of notice in newspapers of general circulation 
                throughout the State, of the pending publication of the 
                plan.
            (4) Minimum post-publication period for public comment.--
        The commission shall accept and consider comments from the 
        public (including through the website maintained under 
        subsection (a)(2)) with respect to the preliminary 
        redistricting plan published under paragraph (3), including 
        proposed revisions to maps, for not fewer than 30 days after 
        the date on which the plan is published.
            (5) Post-publication hearings.--
                    (A) 3 hearings required.--After posting and 
                publishing the preliminary redistricting plan under 
                paragraph (3), the commission shall hold not fewer than 
                3 public hearings in different geographic areas of the 
                State at which members of the public may provide input 
                and comments regarding the preliminary plan.
                    (B) Minimum period for notice prior to hearings.--
                Not fewer than 14 days prior to the date of each 
                hearing held under this paragraph, the commission shall 
                post notices of the hearing on the website maintained 
                under subsection (a)(2), and shall provide for the 
                publication of such notices in newspapers of general 
                circulation throughout the State. Each such notice 
                shall specify the date, time, and location of the 
                hearing.
            (6) Permitting multiple preliminary plans.--At the option 
        of the commission, after developing and publishing the 
        preliminary redistricting plan under this subsection, the 
        commission may develop and publish subsequent preliminary 
        redistricting plans, so long as the process for the development 
        and publication of each such subsequent plan meets the 
        requirements set forth in this subsection for the development 
        and publication of the first preliminary redistricting plan.
    (c) Process for Enactment of Final Redistricting Plan.--
            (1) In general.--After taking into consideration comments 
        from the public on any preliminary redistricting plan developed 
        and published under subsection (b), the independent 
        redistricting commission of a State shall develop and publish a 
        final redistricting plan for the State.
            (2) Meeting; final vote.--Not later than the deadline 
        specified in subsection (e), the commission shall hold a public 
        hearing at which the members of the commission shall vote on 
        approving the final plan for enactment into law.
            (3) Publication of plan and accompanying materials.--Not 
        fewer than 14 days before the date of the meeting under 
        paragraph (2), the commission shall provide the following 
        information to the public through the website maintained under 
        subsection (a)(2), as well as through newspapers of general 
        circulation throughout the State:
                    (A) The final redistricting plan, including all 
                relevant maps.
                    (B) A report by the commission to accompany the 
                plan which provides the background for the plan and the 
                commission's reasons for selecting the plan as the 
                final redistricting plan, including responses to the 
                public comments received on any preliminary 
                redistricting plan developed and published under 
                subsection (b).
                    (C) Any dissenting or additional views with respect 
                to the plan of individual members of the commission.
            (4) Enactment.--Subject to paragraph (5), the final 
        redistricting plan developed and published under this 
        subsection shall be deemed to be enacted into law upon the 
        expiration of the 45-day period which begins on the date on 
        which--
                    (A) such final plan is approved by a majority of 
                the whole membership of the commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 2412(b)(1) approves such 
                final plan.
            (5) Review by department of justice.--
                    (A) Requiring submission of plan for review.--The 
                final redistricting plan shall not be deemed to be 
                enacted into law unless the State submits the plan to 
                the Department of Justice for an administrative review 
                to determine if the plan is in compliance with the 
                criteria described in paragraphs (2) and (3) of section 
                2403(a).
                    (B) Termination of review.--The Department of 
                Justice shall terminate any administrative review under 
                subparagraph (A) if, during the 45-day period which 
                begins on the date the plan is enacted into law, an 
                action is filed in a United States district court 
                alleging that the plan is not in compliance with the 
                criteria described in paragraphs (2) and (3) of section 
                2403(a).
    (d) Written Evaluation of Plan Against External Metrics.--The 
independent redistricting commission shall include with each 
redistricting plan developed and published under this section a written 
evaluation that measures each such plan against external metrics which 
cover the criteria set forth in section 2403(a), including the impact 
of the plan on the ability of communities of color to elect candidates 
of choice, measures of partisan fairness using multiple accepted 
methodologies, and the degree to which the plan preserves or divides 
communities of interest.
    (e) Timing.--The independent redistricting commission of a State 
may begin its work on the redistricting plan of the State upon receipt 
of relevant population information from the Bureau of the Census, and 
shall approve a final redistricting plan for the State in each year 
ending in the numeral one not later than 8 months after the date on 
which the State receives the State apportionment notice or October 1, 
whichever occurs later.

SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES.

    (a) Establishment or Designation of Nonpartisan Agency of State 
Legislature.--
            (1) In general.--Each State shall establish a nonpartisan 
        agency in the legislative branch of the State government to 
        appoint the members of the independent redistricting commission 
        for the State in accordance with section 2411.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered to be nonpartisan if 
        under law the agency--
                    (A) is required to provide services on a 
                nonpartisan basis;
                    (B) is required to maintain impartiality; and
                    (C) is prohibited from advocating for the adoption 
                or rejection of any legislative proposal.
            (3) Training of members appointed to commission.--Not later 
        than January 15 of a year ending in the numeral one, the 
        nonpartisan agency established or designated under this 
        subsection shall provide the members of the independent 
        redistricting commission with initial training on their 
        obligations as members of the commission, including obligations 
        under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) 
        and other applicable laws.
            (4) Regulations.--The nonpartisan agency established or 
        designated under this subsection shall adopt and publish 
        regulations, after notice and opportunity for comment, 
        establishing the procedures that the agency will follow in 
        fulfilling its duties under this subtitle, including the 
        procedures to be used in vetting the qualifications and 
        political affiliation of applicants and in creating the 
        selection pools, the randomized process to be used in selecting 
        the initial members of the independent redistricting 
        commission, and the rules that the agency will apply to ensure 
        that the agency carries out its duties under this subtitle in a 
        maximally transparent, publicly accessible, and impartial 
        manner.
            (5) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to appoint the members of the independent 
        redistricting commission plan for the State under this 
        subtitle, so long as the agency meets the requirements for 
        nonpartisanship under this subsection.
            (6) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (5) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (7) Preservation of records.--The State shall ensure that 
        the records of the nonpartisan agency are retained in the 
        appropriate State archive in such manner as may be necessary to 
        enable the State to respond to any civil action brought with 
        respect to congressional redistricting in the State.
            (8) Deadline.--The State shall meet the requirements of 
        this subsection not later than each October 15 of a year ending 
        in the numeral nine.
    (b) Establishment of Select Committee on Redistricting.--
            (1) In general.--Each State shall appoint a Select 
        Committee on Redistricting to approve or disapprove a selection 
        pool developed for the State by the nonpartisan agency pursuant 
        to section 2412(b).
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) One member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                upper house.
                    (B) One member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the upper house.
                    (C) One member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                lower house.
                    (D) One member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the lower house.
            (3) Special rule for states with unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        Select Committee on Redistricting for the State under this 
        subsection shall consist of the following members:
                    (A) Two members of the State legislature appointed 
                by the chair of the political party of the State whose 
                candidate received the highest percentage of votes in 
                the most recent statewide election for Federal office 
                held in the State.
                    (B) Two members of the State legislature appointed 
                by the chair of the political party whose candidate 
                received the second highest percentage of votes in the 
                most recent statewide election for Federal office held 
                in the State.
            (4) Deadline.--The State shall meet the requirements of 
        this subsection not later than each January 15 of a year ending 
        in the numeral zero.
            (5) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit the leader of any political party in a 
        legislature from appointment to the Select Committee on 
        Redistricting.

SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
              REDISTRICTING COMMISSIONS.

    Not later than May 15 of a year ending in the numeral one, the 
Comptroller General of the United States shall submit to Congress a 
report on the extent to which the memberships of independent 
redistricting commissions for States established under this part with 
respect to the immediately preceding year ending in the numeral zero 
meet the diversity requirements as provided for in sections 
2411(a)(2)(B) and 2412(b)(2).

      PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

    (a) Development of Plan.--If any of the triggering events described 
in subsection (f) occur with respect to a State--
            (1) not later than December 15 of the year in which the 
        triggering event occurs, the United States district court for 
        the applicable venue, acting through a 3-judge court convened 
        pursuant to section 2284 of title 28, United States Code, shall 
        develop and publish the congressional redistricting plan for 
        the State; and
            (2) the final plan developed and published by the court 
        under this section shall be deemed to be enacted on the date on 
        which the court publishes the final plan, as described in 
        subsection (d).
    (b) Applicable Venue Described.--For purposes of this section, the 
``applicable venue'' with respect to a State is the District of 
Columbia or the judicial district in which the capital of the State is 
located, as selected by the first party to file with the court 
sufficient evidence of the occurrence of a triggering event described 
in subsection (f).
    (c) Procedures for Development of Plan.--
            (1) Criteria.--In developing a redistricting plan for a 
        State under this section, the court shall adhere to the same 
        terms and conditions that applied (or that would have applied, 
        as the case may be) to the development of a plan by the 
        independent redistricting commission of the State under section 
        2403.
            (2) Access to information and records of commission.--The 
        court shall have access to any information, data, software, or 
        other records and material that was used (or that would have 
        been used, as the case may be) by the independent redistricting 
        commission of the State in carrying out its duties under this 
        subtitle.
            (3) Hearing; public participation.--In developing a 
        redistricting plan for a State, the court shall--
                    (A) hold one or more evidentiary hearings at which 
                interested members of the public may appear and be 
                heard and present testimony, including expert 
                testimony, in accordance with the rules of the court; 
                and
                    (B) consider other submissions and comments by the 
                public, including proposals for redistricting plans to 
                cover the entire State or any portion of the State.
            (4) Use of special master.--To assist in the development 
        and publication of a redistricting plan for a State under this 
        section, the court may appoint a special master to make 
        recommendations to the court on possible plans for the State.
    (d) Publication of Plan.--
            (1) Public availability of initial plan.--Upon completing 
        the development of one or more initial redistricting plans, the 
        court shall make the plans available to the public at no cost, 
        and shall also make available the underlying data used by the 
        court to develop the plans and a written evaluation of the 
        plans against external metrics (as described in section 
        2413(d)).
            (2) Publication of final plan.--At any time after the 
        expiration of the 14-day period which begins on the date the 
        court makes the plans available to the public under paragraph 
        (1), and taking into consideration any submissions and comments 
        by the public which are received during such period, the court 
        shall develop and publish the final redistricting plan for the 
        State.
    (e) Use of Interim Plan.--In the event that the court is not able 
to develop and publish a final redistricting plan for the State with 
sufficient time for an upcoming election to proceed, the court may 
develop and publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the court develops and 
publishes a final plan in accordance with this section. Nothing in this 
subsection may be construed to limit or otherwise affect the authority 
or discretion of the court to develop and publish the final 
redistricting plan, including the discretion to make any changes the 
court deems necessary to an interim redistricting plan.
    (f) Triggering Events Described.--The ``triggering events'' 
described in this subsection are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency of the State legislature under section 
        2414(a) prior to the expiration of the deadline set forth in 
        section 2414(a)(8).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 2414(b) prior to the expiration 
        of the deadline set forth in section 2414(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve any selection pool under section 2412 prior to the 
        expiration of the deadline set forth for the approval of the 
        second replacement selection pool in section 2412(d)(2).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State prior to the expiration of the deadline set forth in 
        section 2413(e).

SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF 
              FEDERAL COURT.

    If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.), section 2413 shall apply with respect 
to the redistricting, except that the court may revise any of the 
deadlines set forth in such section if the court determines that a 
revision is appropriate in order to provide for a timely enactment of a 
new redistricting plan for the State.

          PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

    (a) Authorization of Payments.--Subject to subsection (d), not 
later than 30 days after a State receives a State apportionment notice, 
the Election Assistance Commission shall, subject to the availability 
of appropriations provided pursuant to subsection (e), make a payment 
to the State in an amount equal to the product of--
            (1) the number of Representatives to which the State is 
        entitled, as provided under the notice; and
            (2) $150,000.
    (b) Use of Funds.--A State shall use the payment made under this 
section to establish and operate the State's independent redistricting 
commission, to implement the State redistricting plan, and to otherwise 
carry out congressional redistricting in the State.
    (c) No Payment to States With Single Member.--The Election 
Assistance Commission shall not make a payment under this section to 
any State which is not entitled to more than one Representative under 
its State apportionment notice.
    (d) Requiring Submission of Selection Pool as Condition of 
Payment.--
            (1) Requirement.--Except as provided in paragraph (2), the 
        Election Assistance Commission may not make a payment to a 
        State under this section until the State certifies to the 
        Commission that the nonpartisan agency established or 
        designated by a State under section 2414(a) has, in accordance 
        with section 2412(b)(1), submitted a selection pool to the 
        Select Committee on Redistricting for the State established 
        under section 2414(b).
            (2) Exception for states with existing commissions.--In the 
        case of a State which, pursuant to section 2401(c), is exempt 
        from the requirements of section 2401(a), the Commission may 
        not make a payment to the State under this section until the 
        State certifies to the Commission that its redistricting 
        commission meets the requirements of section 2401(c).
            (3) Exception for state of iowa.--In the case of the State 
        of Iowa, the Commission may not make a payment to the State 
        under this section until the State certifies to the Commission 
        that it will carry out congressional redistricting pursuant to 
        the State's apportionment notice in accordance with a plan 
        developed by the Iowa Legislative Services Agency with the 
        assistance of a Temporary Redistricting Advisory Commission, as 
        provided under the law described in section 2401(d).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 2432. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to carry out this subtitle.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State to meet 
        the requirements of this subtitle may bring a civil action in 
        the United States district court for the applicable venue for 
        such relief as may be appropriate to remedy the failure. For 
        purposes of this section, the ``applicable venue'' is the 
        District of Columbia or the judicial district in which the 
        capital of the State is located, as selected by the person who 
        brings the civil action.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the district court of the 
        United States for the District of Columbia or for the judicial 
        district in which the capital of the State is located, as 
        selected by the person bringing the action.
            (2) The action shall be heard by a 3-judge court convened 
        pursuant to section 2284 of title 28, United States Code.
            (3) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (4) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (5) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (6) It shall be the duty of the district court and the 
        Supreme Court of the United States to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (c) Remedies.--
            (1) Adoption of replacement plan.--
                    (A) In general.--If the district court in an action 
                under this section finds that the congressional 
                redistricting plan of a State violates, in whole or in 
                part, the requirements of this subtitle--
                            (i) the court shall adopt a replacement 
                        congressional redistricting plan for the State 
                        in accordance with the process set forth in 
                        section 2421; or
                            (ii) if circumstances warrant and no delay 
                        to an upcoming regularly scheduled election for 
                        the House of Representatives in the State would 
                        result, the district court may allow a State to 
                        develop and propose a remedial congressional 
                        redistricting plan for consideration by the 
                        court, and such remedial plan may be developed 
                        by the State by adopting such appropriate 
                        changes to the State's enacted plan as may be 
                        ordered by the court.
                    (B) Special rule in case final adjudication not 
                expected within 3 months of election.--If final 
                adjudication of an action under this section is not 
                reasonably expected to be completed at least three 
                months prior to the next regularly scheduled election 
                for the House of Representatives in the State, the 
                district court shall, as the balance of equities 
                warrant,--
                            (i) order development, adoption, and use of 
                        an interim congressional redistricting plan in 
                        accordance with section 2421(e) to address any 
                        claims under this title for which a party 
                        seeking relief has demonstrated a substantial 
                        likelihood of success; or
                            (ii) order adjustments to the timing of 
                        primary elections for the House of 
                        Representatives, as needed, to allow sufficient 
                        opportunity for adjudication of the matter and 
                        adoption of a remedial or replacement plan for 
                        use in the next regularly scheduled general 
                        elections for the House of Representatives.
            (2) No injunctive relief permitted.--Any remedial or 
        replacement congressional redistricting plan ordered under this 
        subsection shall not be subject to temporary or preliminary 
        injunctive relief from any court unless the record establishes 
        that a writ of mandamus is warranted.
            (3) No stay pending appeal.--Notwithstanding the appeal of 
        an order finding that a congressional redistricting plan of a 
        State violates, in whole or in part, the requirements of this 
        subtitle, no stay shall issue which shall bar the development 
        or adoption of a replacement or remedial plan under this 
        subsection, as may be directed by the district court, pending 
        such appeal.
    (d) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (e) Relation to Other Laws.--
            (1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this subtitle shall 
        supersede, restrict, or limit the application of the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).
            (2) Voting rights act of 1965.--Nothing in this subtitle 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).
    (f) Legislative Privilege.--No person, legislature, or State may 
claim legislative privilege under either State or Federal law in a 
civil action brought under this section or in any other legal 
challenge, under either State or Federal law, to a redistricting plan 
enacted under this subtitle.

SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED.

    In this subtitle, the ``State apportionment notice'' means, with 
respect to a State, the notice sent to the State from the Clerk of the 
House of Representatives under section 22(b) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives 
to which the State is entitled.

SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this subtitle or in any amendment made by this subtitle 
may be construed to affect the manner in which a State carries out 
elections for State or local office, including the process by which a 
State establishes the districts used in such elections.

SEC. 2435. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall apply 
with respect to redistricting carried out pursuant to the decennial 
census conducted during 2030 or any succeeding decennial census.

  PART 5--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 
                                 CENSUS

   Subpart A--Application of Certain Requirements for Redistricting 
                  Carried Out Pursuant to 2020 Census

SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING 
              CARRIED OUT PURSUANT TO 2020 CENSUS.

    Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle 
and the amendments made by such parts shall apply with respect to 
congressional redistricting carried out pursuant to the decennial 
census conducted during 2020 in the same manner as such parts and the 
amendments made by such parts apply with respect to redistricting 
carried out pursuant to the decennial census conducted during 2030, 
except as follows:
            (1) Except as provided in subsection (c) and subsection (d) 
        of section 2401, the redistricting shall be conducted in 
        accordance with--
                    (A) the redistricting plan developed and enacted 
                into law by the independent redistricting commission 
                established in the State in accordance with subpart B; 
                or
                    (B) if a plan developed by such commission is not 
                enacted into law, the redistricting plan developed and 
                enacted into law by a 3-judge court in accordance with 
                section 2421.
            (2) If any of the triggering events described in section 
        2442 occur with respect to the State, the United States 
        district court for the applicable venue shall develop and 
        publish the redistricting plan for the State, in accordance 
        with section 2421, not later than December 15, 2021.
            (3) For purposes of section 2431(d)(1), the Election 
        Assistance Commission may not make a payment to a State under 
        such section until the State certifies to the Commission that 
        the nonpartisan agency established or designated by a State 
        under section 2454(a) has, in accordance with section 
        2452(b)(1), submitted a selection pool to the Select Committee 
        on Redistricting for the State established under section 
        2454(b).

SEC. 2442. TRIGGERING EVENTS.

    For purposes of the redistricting carried out pursuant to the 
decennial census conducted during 2020, the triggering events described 
in this section are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency under section 2454(a) prior to the 
        expiration of the deadline under section 2454(a)(6).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 2454(b) prior to the expiration 
        of the deadline under section 2454(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve a selection pool under section 2452(b) prior to the 
        expiration of the deadline under section 2452(b)(7).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State under section 2453 prior to the expiration of the 
        deadline under section 2453(e).

  Subpart B--Independent Redistricting Commissions for Redistricting 
                  Carried Out Pursuant to 2020 Census

SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR 
              REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 2454(a) shall establish an 
        independent redistricting commission under this part for the 
        State, which shall consist of 15 members appointed by the 
        agency as follows:
                    (A) Not later than August 5, 2021, the agency 
                shall, at a public meeting held not earlier than 15 
                days after notice of the meeting has been given to the 
                public, first appoint 6 members as follows:
                            (i) The agency shall appoint 2 members on a 
                        random basis from the majority category of the 
                        approved selection pool (as described in 
                        section 2452(b)(1)(A)).
                            (ii) The agency shall appoint 2 members on 
                        a random basis from the minority category of 
                        the approved selection pool (as described in 
                        section 2452(b)(1)(B)).
                            (iii) The agency shall appoint 2 members on 
                        a random basis from the independent category of 
                        the approved selection pool (as described in 
                        section 2452(b)(1)(C)).
                    (B) Not later than August 15, 2021, the members 
                appointed by the agency under subparagraph (A) shall, 
                at a public meeting held not earlier than 15 days after 
                notice of the meeting has been given to the public, 
                then appoint 9 members as follows:
                            (i) The members shall appoint 3 members 
                        from the majority category of the approved 
                        selection pool (as described in section 
                        2452(b)(1)(A)).
                            (ii) The members shall appoint 3 members 
                        from the minority category of the approved 
                        selection pool (as described in section 
                        2452(b)(1)(B)).
                            (iii) The members shall appoint 3 members 
                        from the independent category of the approved 
                        selection pool (as described in section 
                        2452(b)(1)(C)).
            (2) Rules for appointment of members appointed by first 
        members.--
                    (A) Affirmative vote of at least 4 members.--The 
                appointment of any of the 9 members of the independent 
                redistricting commission who are appointed by the first 
                members of the commission pursuant to subparagraph (B) 
                of paragraph (1) shall require the affirmative vote of 
                at least 4 of the members appointed by the nonpartisan 
                agency under subparagraph (A) of paragraph (1), 
                including at least one member from each of the 
                categories referred to in such subparagraph.
                    (B) Ensuring diversity.--In appointing the 9 
                members pursuant to subparagraph (B) of paragraph (1), 
                the first members of the independent redistricting 
                commission shall ensure that the membership is 
                representative of the demographic groups (including 
                racial, ethnic, economic, and gender) and geographic 
                regions of the State, and provides racial, ethnic, and 
                language minorities protected under the Voting Rights 
                Act of 1965 with a meaningful opportunity to 
                participate in the development of the State's 
                redistricting plan.
            (3) Removal.--A member of the independent redistricting 
        commission may be removed by a majority vote of the remaining 
        members of the commission if it is shown by a preponderance of 
        the evidence that the member is not eligible to serve on the 
        commission under section 2452(a).
    (b) Procedures for Conducting Commission Business.--
            (1) Requiring majority approval for actions.--The 
        independent redistricting commission of a State under this part 
        may not publish and disseminate any draft or final 
        redistricting plan, or take any other action, without the 
        approval of at least--
                    (A) a majority of the whole membership of the 
                commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 2452(b)(1).
            (2) Quorum.--A majority of the members of the commission 
        shall constitute a quorum.
    (c) Staff; Contractors.--
            (1) Staff.--Under a public application process in which all 
        application materials are available for public inspection, the 
        independent redistricting commission of a State under this part 
        shall appoint and set the pay of technical experts, legal 
        counsel, consultants, and such other staff as it considers 
        appropriate, subject to State law.
            (2) Contractors.--The independent redistricting commission 
        of a State may enter into such contracts with vendors as it 
        considers appropriate, subject to State law, except that any 
        such contract shall be valid only if approved by the vote of a 
        majority of the members of the commission, including at least 
        one member appointed from each of the categories of the 
        approved selection pool described in section 2452(b)(1).
            (3) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, and any vendor with whom the 
        commission enters into a contract under this subsection, will 
        work in an impartial manner.
    (d) Preservation of Records.--The State shall ensure that the 
records of the independent redistricting commission are retained in the 
appropriate State archive in such manner as may be necessary to enable 
the State to respond to any civil action brought with respect to 
congressional redistricting in the State.

SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO 
              SERVE AS MEMBERS OF COMMISSION.

    (a) Criteria for Eligibility.--
            (1) In general.--An individual is eligible to serve as a 
        member of an independent redistricting commission under this 
        part if the individual meets each of the following criteria:
                    (A) As of the date of appointment, the individual 
                is registered to vote in elections for Federal office 
                held in the State.
                    (B) During the 3-year period ending on the date of 
                the individual's appointment, the individual has been 
                continuously registered to vote with the same political 
                party, or has not been registered to vote with any 
                political party.
                    (C) The individual submits to the nonpartisan 
                agency established or designated by a State under 
                section 2454, at such time and in such form as the 
                agency may require, an application for inclusion in the 
                selection pool under this section, and includes with 
                the application a written statement, with an 
                attestation under penalty of perjury, containing the 
                following information and assurances:
                            (i) The full current name and any former 
                        names of, and the contact information for, the 
                        individual, including an electronic mail 
                        address, the address of the individual's 
                        residence, mailing address, and telephone 
                        numbers.
                            (ii) The individual's race, ethnicity, 
                        gender, age, date of birth, and household 
                        income for the most recent taxable year.
                            (iii) The political party with which the 
                        individual is affiliated, if any.
                            (iv) The reason or reasons the individual 
                        desires to serve on the independent 
                        redistricting commission, the individual's 
                        qualifications, and information relevant to the 
                        ability of the individual to be fair and 
                        impartial, including--
                                    (I) any involvement with, or 
                                financial support of, professional, 
                                social, political, religious, or 
                                community organizations or causes; and
                                    (II) the individual's employment 
                                and educational history.
                            (v) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this subtitle in an honest, independent, 
                        and impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (vi) An assurance that, during such covered 
                        period as the State may establish with respect 
                        to any of the subparagraphs of paragraph (2), 
                        the individual has not taken and will not take 
                        any action which would disqualify the 
                        individual from serving as a member of the 
                        commission under such paragraph.
            (2) Disqualifications.--An individual is not eligible to 
        serve as a member of the commission if any of the following 
        applies with respect to such covered period as the State may 
        establish:
                    (A) The individual or an immediate family member of 
                the individual holds public office or is a candidate 
                for election for public office.
                    (B) The individual or an immediate family member of 
                the individual serves as an officer of a political 
                party or as an officer, employee, or paid consultant of 
                a campaign committee of a candidate for public office 
                or of any political action committee (as determined in 
                accordance with the law of the State).
                    (C) The individual or an immediate family member of 
                the individual holds a position as a registered 
                lobbyist under the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1601 et seq.) or an equivalent State or local 
                law.
                    (D) The individual or an immediate family member of 
                the individual is an employee of an elected public 
                official, a contractor with the government of the 
                State, or a donor to the campaign of any candidate for 
                public office or to any political action committee 
                (other than a donor who, during any of such covered 
                periods, gives an aggregate amount of $1,000 or less to 
                the campaigns of all candidates for all public offices 
                and to all political action committees).
                    (E) The individual paid a civil money penalty or 
                criminal fine, or was sentenced to a term of 
                imprisonment, for violating any provision of the 
                Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
                et seq.).
                    (F) The individual or an immediate family member of 
                the individual is an agent of a foreign principal under 
                the Foreign Agents Registration Act of 1938, as amended 
                (22 U.S.C. 611 et seq.).
            (3) Immediate family member defined.--In this subsection, 
        the term ``immediate family member'' means, with respect to an 
        individual, a father, stepfather, mother, stepmother, son, 
        stepson, daughter, stepdaughter, brother, stepbrother, sister, 
        stepsister, husband, wife, father-in-law, or mother-in-law.
    (b) Development and Submission of Selection Pool.--
            (1) In general.--Not later than July 15, 2021, the 
        nonpartisan agency established or designated by a State under 
        section 2454(a) shall develop and submit to the Select 
        Committee on Redistricting for the State established under 
        section 2454(b) a selection pool of 36 individuals who are 
        eligible to serve as members of the independent redistricting 
        commission of the State under this part, consisting of 
        individuals in the following categories:
                    (A) A majority category, consisting of 12 
                individuals who are affiliated with the political party 
                whose candidate received the most votes in the most 
                recent Statewide election for Federal office held in 
                the State.
                    (B) A minority category, consisting of 12 
                individuals who are affiliated with the political party 
                whose candidate received the second most votes in the 
                most recent Statewide election for Federal office held 
                in the State.
                    (C) An independent category, consisting of 12 
                individuals who are not affiliated with either of the 
                political parties described in subparagraph (A) or 
                subparagraph (B).
            (2) Factors taken into account in developing pool.--In 
        selecting individuals for the selection pool under this 
        subsection, the nonpartisan agency shall--
                    (A) ensure that the pool is representative of the 
                demographic groups (including racial, ethnic, economic, 
                and gender) and geographic regions of the State, and 
                includes applicants who would allow racial, ethnic, and 
                language minorities protected under the Voting Rights 
                Act of 1965 a meaningful opportunity to participate in 
                the development of the State's redistricting plan; and
                    (B) take into consideration the analytical skills 
                of the individuals selected in relevant fields 
                (including mapping, data management, law, community 
                outreach, demography, and the geography of the State) 
                and their ability to work on an impartial basis.
            (3) Determination of political party affiliation of 
        individuals in selection pool.--For purposes of this section, 
        an individual shall be considered to be affiliated with a 
        political party only if the nonpartisan agency is able to 
        verify (to the greatest extent possible) the information the 
        individual provides in the application submitted under 
        subsection (a)(1)(C), including by considering additional 
        information provided by other persons with knowledge of the 
        individual's history of political activity.
            (4) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic regions and demographic groups are aware of the 
        opportunity to serve on the independent redistricting 
        commission, including publicizing the role of the panel and 
        using newspapers, broadcast media, and online sources, 
        including ethnic media, to encourage individuals to apply for 
        inclusion in the selection pool developed under this 
        subsection.
            (5) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish a report describing the process by which the pool was 
        developed, and shall include in the report a description of how 
        the individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (6) Public comment on selection pool.--During the 14-day 
        period which begins on the date the nonpartisan agency 
        publishes the report under paragraph (5), the agency shall 
        accept comments from the public on the individuals included in 
        the selection pool. The agency shall transmit all such comments 
        to the Select Committee on Redistricting immediately upon the 
        expiration of such period.
            (7) Action by select committee.--
                    (A) In general.--Not later than August 1, 2021, the 
                Select Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 2451(a)(1); or
                            (ii) reject the pool, in which case the 
                        redistricting plan for the State shall be 
                        developed and enacted in accordance with part 
                        3.
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.

SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT.

    (a) Public Notice and Input.--
            (1) Use of open and transparent process.--The independent 
        redistricting commission of a State under this part shall hold 
        each of its meetings in public, shall solicit and take into 
        consideration comments from the public, including proposed 
        maps, throughout the process of developing the redistricting 
        plan for the State, and shall carry out its duties in an open 
        and transparent manner which provides for the widest public 
        dissemination reasonably possible of its proposed and final 
        redistricting plans.
            (2) Public comment period.--The commission shall solicit, 
        accept, and consider comments from the public with respect to 
        its duties, activities, and procedures at any time until 7 days 
        before the date of the meeting at which the commission shall 
        vote on approving the final redistricting plan for enactment 
        into law under subsection (c)(2).
            (3) Meetings and hearings in various geographic 
        locations.--To the greatest extent practicable, the commission 
        shall hold its meetings and hearings in various geographic 
        regions and locations throughout the State.
            (4) Multiple language requirements for all notices.--The 
        commission shall make each notice which is required to be 
        published under this section available in any language in which 
        the State (or any jurisdiction in the State) is required to 
        provide election materials under section 203 of the Voting 
        Rights Act of 1965 (52 U.S.C. 10503).
    (b) Development and Publication of Preliminary Redistricting 
Plan.--
            (1) In general.--Prior to developing and publishing a final 
        redistricting plan under subsection (c), the independent 
        redistricting commission of a State under this part shall 
        develop and publish a preliminary redistricting plan.
            (2) Minimum public hearings and opportunity for comment 
        prior to development.--
                    (A) 2 hearings required.--Prior to developing a 
                preliminary redistricting plan under this subsection, 
                the commission shall hold not fewer than 2 public 
                hearings at which members of the public may provide 
                input and comments regarding the potential contents of 
                redistricting plans for the State and the process by 
                which the commission will develop the preliminary plan 
                under this subsection.
                    (B) Notice prior to hearings.--The commission shall 
                provide for the publication of notices of each hearing 
                held under this paragraph, including in newspapers of 
                general circulation throughout the State. Each such 
                notice shall specify the date, time, and location of 
                the hearing.
                    (C) Submission of plans and maps by members of the 
                public.--Any member of the public may submit maps or 
                portions of maps for consideration by the commission.
            (3) Publication of preliminary plan.--The commission shall 
        provide for the publication of the preliminary redistricting 
        plan developed under this subsection, including in newspapers 
        of general circulation throughout the State, and shall make 
        publicly available a report that includes the commission's 
        responses to any public comments received under this 
        subsection.
            (4) Public comment after publication.--The commission shall 
        accept and consider comments from the public with respect to 
        the preliminary redistricting plan published under paragraph 
        (3), including proposed revisions to maps, until 14 days before 
        the date of the meeting under subsection (c)(2) at which the 
        members of the commission shall vote on approving the final 
        redistricting plan for enactment into law.
            (5) Post-publication hearings.--
                    (A) 2 hearings required.--After publishing the 
                preliminary redistricting plan under paragraph (3), and 
                not later than 14 days before the date of the meeting 
                under subsection (c)(2) at which the members of the 
                commission shall vote on approving the final 
                redistricting plan for enactment into law, the 
                commission shall hold not fewer than 2 public hearings 
                in different geographic areas of the State at which 
                members of the public may provide input and comments 
                regarding the preliminary plan.
                    (B) Notice prior to hearings.--The commission shall 
                provide for the publication of notices of each hearing 
                held under this paragraph, including in newspapers of 
                general circulation throughout the State. Each such 
                notice shall specify the date, time, and location of 
                the hearing.
            (6) Permitting multiple preliminary plans.--At the option 
        of the commission, after developing and publishing the 
        preliminary redistricting plan under this subsection, the 
        commission may develop and publish subsequent preliminary 
        redistricting plans, so long as the process for the development 
        and publication of each such subsequent plan meets the 
        requirements set forth in this subsection for the development 
        and publication of the first preliminary redistricting plan.
    (c) Process for Enactment of Final Redistricting Plan.--
            (1) In general.--After taking into consideration comments 
        from the public on any preliminary redistricting plan developed 
        and published under subsection (b), the independent 
        redistricting commission of a State under this part shall 
        develop and publish a final redistricting plan for the State.
            (2) Meeting; final vote.--Not later than the deadline 
        specified in subsection (e), the commission shall hold a public 
        hearing at which the members of the commission shall vote on 
        approving the final plan for enactment into law.
            (3) Publication of plan and accompanying materials.--Not 
        fewer than 14 days before the date of the meeting under 
        paragraph (2), the commission shall make the following 
        information available to the public, including through 
        newspapers of general circulation throughout the State:
                    (A) The final redistricting plan, including all 
                relevant maps.
                    (B) A report by the commission to accompany the 
                plan which provides the background for the plan and the 
                commission's reasons for selecting the plan as the 
                final redistricting plan, including responses to the 
                public comments received on any preliminary 
                redistricting plan developed and published under 
                subsection (b).
                    (C) Any dissenting or additional views with respect 
                to the plan of individual members of the commission.
            (4) Enactment.--The final redistricting plan developed and 
        published under this subsection shall be deemed to be enacted 
        into law upon the expiration of the 45-day period which begins 
        on the date on which--
                    (A) such final plan is approved by a majority of 
                the whole membership of the commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 2452(b)(1) approves such 
                final plan.
    (d) Written Evaluation of Plan Against External Metrics.--The 
independent redistricting commission of a State under this part shall 
include with each redistricting plan developed and published under this 
section a written evaluation that measures each such plan against 
external metrics which cover the criteria set forth in section 2403(a), 
including the impact of the plan on the ability of communities of color 
to elect candidates of choice, measures of partisan fairness using 
multiple accepted methodologies, and the degree to which the plan 
preserves or divides communities of interest.
    (e) Deadline.--The independent redistricting commission of a State 
under this part shall approve a final redistricting plan for the State 
not later than November 15, 2021.

SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES.

    (a) Establishment or Designation of Nonpartisan Agency of State 
Legislature.--
            (1) In general.--Each State shall establish a nonpartisan 
        agency in the legislative branch of the State government to 
        appoint the members of the independent redistricting commission 
        for the State under this part in accordance with section 2451.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered to be nonpartisan if 
        under law the agency--
                    (A) is required to provide services on a 
                nonpartisan basis;
                    (B) is required to maintain impartiality; and
                    (C) is prohibited from advocating for the adoption 
                or rejection of any legislative proposal.
            (3) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to appoint the members of the independent 
        redistricting commission plan for the State under this 
        subtitle, so long as the agency meets the requirements for 
        nonpartisanship under this subsection.
            (4) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (3) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (5) Preservation of records.--The State shall ensure that 
        the records of the nonpartisan agency are retained in the 
        appropriate State archive in such manner as may be necessary to 
        enable the State to respond to any civil action brought with 
        respect to congressional redistricting in the State.
            (6) Deadline.--The State shall meet the requirements of 
        this subsection not later than June 1, 2021.
    (b) Establishment of Select Committee on Redistricting.--
            (1) In general.--Each State shall appoint a Select 
        Committee on Redistricting to approve or disapprove a selection 
        pool developed by the independent redistricting commission for 
        the State under this part under section 2452.
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) One member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                upper house.
                    (B) One member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the upper house.
                    (C) One member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                lower house.
                    (D) One member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the lower house.
            (3) Special rule for states with unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        Select Committee on Redistricting for the State under this 
        subsection shall consist of the following members:
                    (A) Two members of the State legislature appointed 
                by the chair of the political party of the State whose 
                candidate received the highest percentage of votes in 
                the most recent Statewide election for Federal office 
                held in the State.
                    (B) Two members of the State legislature appointed 
                by the chair of the political party whose candidate 
                received the second highest percentage of votes in the 
                most recent Statewide election for Federal office held 
                in the State.
            (4) Deadline.--The State shall meet the requirements of 
        this subsection not later than June 15, 2021.
            (5) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit the leader of any political party in a 
        legislature from appointment to the Select Committee on 
        Redistricting.

SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
              REDISTRICTING COMMISSIONS.

    Not later than November 15, 2021, the Comptroller General of the 
United States shall submit to Congress a report on the extent to which 
the memberships of independent redistricting commissions for States 
established under this part with respect to the immediately preceding 
year ending in the numeral zero meet the diversity requirements as 
provided for in sections 2451(a)(2)(B) and 2452(b)(2).

         Subtitle F--Saving Eligible Voters From Voter Purging

SEC. 2501. SHORT TITLE.

    This subtitle may be cited as the ``Stop Automatically Voiding 
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save 
Voters Act''.

SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED 
              VOTERS.

    (a) Conditions Described.--The National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 
the following new section:

``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF 
              REGISTERED VOTERS.

    ``(a) Verification on Basis of Objective and Reliable Evidence of 
Ineligibility.--
            ``(1) Requiring verification.--Notwithstanding any other 
        provision of this Act, a State may not remove the name of any 
        registrant from the official list of voters eligible to vote in 
        elections for Federal office in the State unless the State 
        verifies, on the basis of objective and reliable evidence, that 
        the registrant is ineligible to vote in such elections.
            ``(2) Factors not considered as objective and reliable 
        evidence of ineligibility.--For purposes of paragraph (1), the 
        following factors, or any combination thereof, shall not be 
        treated as objective and reliable evidence of a registrant's 
        ineligibility to vote:
                    ``(A) The failure of the registrant to vote in any 
                election.
                    ``(B) The failure of the registrant to respond to 
                any election mail, unless the election mail has been 
                returned as undeliverable.
                    ``(C) The failure of the registrant to take any 
                other action with respect to voting in any election or 
                with respect to the registrant's status as a 
                registrant.
            ``(3) Exception.--This subsection shall not prevent a State 
        from considering the factors described in paragraph (2) when 
        removing a registrant from the official list of voters pursuant 
        to section 8(d)(1)(B), provided that the notice sent under 
        section 8(d)(2) was itself sent on the basis of objective and 
        reliable evidence.
    ``(b) Notice After Removal.--
            ``(1) Notice to individual removed.--
                    ``(A) In general.--Not later than 48 hours after a 
                State removes the name of a registrant from the 
                official list of eligible voters, the State shall send 
                notice of the removal to the former registrant, and 
                shall include in the notice the grounds for the removal 
                and information on how the former registrant may 
                contest the removal or be reinstated, including a 
                telephone number for the appropriate election official.
                    ``(B) Exceptions.--Subparagraph (A) does not apply 
                in the case of a registrant--
                            ``(i) who sends written confirmation to the 
                        State that the registrant is no longer eligible 
                        to vote in the registrar's jurisdiction in 
                        which the registrant was registered; or
                            ``(ii) who is removed from the official 
                        list of eligible voters by reason of the death 
                        of the registrant.
            ``(2) Public notice.--Not later than 48 hours after 
        conducting any general program to remove the names of 
        ineligible voters from the official list of eligible voters (as 
        described in section 8(a)(4)), the State shall disseminate a 
        public notice through such methods as may be reasonable to 
        reach the general public (including by publishing the notice in 
        a newspaper of wide circulation and posting the notice on the 
        websites of the appropriate election officials) that list 
        maintenance is taking place and that registrants should check 
        their registration status to ensure no errors or mistakes have 
        been made. The State shall ensure that the public notice 
        disseminated under this paragraph is in a format that is 
        reasonably convenient and accessible to voters with 
        disabilities, including voters who have low vision or are 
        blind.''.
    (b) Conditions for Transmission of Notices of Removal.--Section 
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end 
the following new paragraph:
            ``(4) A State may not transmit a notice to a registrant 
        under this subsection unless the State obtains objective and 
        reliable evidence (in accordance with the standards for such 
        evidence which are described in section 8A(a)(2)) that the 
        registrant has changed residence to a place outside the 
        registrar's jurisdiction in which the registrant is 
        registered.''.
    (c) Conforming Amendments.--
            (1) National voter registration act of 1993.--Section 8(a) 
        of such Act (52 U.S.C. 20507(a)) is amended--
                    (A) in paragraph (3), by striking ``provide'' and 
                inserting ``subject to section 8A, provide''; and
                    (B) in paragraph (4), by striking ``conduct'' and 
                inserting ``subject to section 8A, conduct''.
            (2) Help america vote act of 2002.--Section 303(a)(4)(A) of 
        the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is 
        amended by striking ``registrants'' the second place it appears 
        and inserting ``and subject to section 8A of such Act, 
        registrants''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

    Subtitle G--No Effect on Authority of States to Provide Greater 
                        Opportunities for Voting

SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER 
              OPPORTUNITIES FOR VOTING.

    Nothing in this title or the amendments made by this title may be 
construed to prohibit any State from enacting any law which provides 
greater opportunities for individuals to register to vote and to vote 
in elections for Federal office than are provided by this title and the 
amendments made by this title.

           Subtitle H--Residence of Incarcerated Individuals

SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS.

    Section 141 of title 13, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g)(1) Effective beginning with the 2020 decennial census of 
population, in taking any tabulation of total population by States 
under subsection (a) for purposes of the apportionment of 
Representatives in Congress among the several States, the Secretary 
shall, with respect to an individual incarcerated in a State, Federal, 
county, or municipal correctional center as of the date on which such 
census is taken, attribute such individual to such individual's last 
place of residence before incarceration.
    ``(2) In carrying out this subsection, the Secretary shall consult 
with each State department of corrections to collect the information 
necessary to make the determination required under paragraph (1).''.

             Subtitle I--Findings Relating to Youth Voting

SEC. 2801. FINDINGS RELATING TO YOUTH VOTING.

    Congress finds the following:
            (1) The right to vote is a fundamental right of citizens of 
        the United States.
            (2) The twenty-sixth amendment of the United States 
        Constitution guarantees that ``The right of citizens of the 
        United States, who are eighteen years of age or older, to vote 
        shall not be denied or abridged by the United States or by any 
        State on account of age.''.
            (3) The twenty-sixth amendment of the United States 
        Constitution grants Congress the power to enforce the amendment 
        by appropriate legislation.
            (4) The language of the twenty-sixth amendment closely 
        mirrors that of the fifteenth amendment and the nineteenth 
        amendment. Like those amendments, the twenty-sixth amendment 
        not only prohibits denial of the right to vote but also 
        prohibits any actions that abridge the right to vote.
            (5) Youth voter suppression undercuts participation in our 
        democracy by introducing arduous obstacles to new voters and 
        discouraging a culture of democratic engagement.
            (6) Voting is habit forming, and allowing youth voters 
        unobstructed access to voting ensures that more Americans will 
        start a lifelong habit of voting as soon as possible.
            (7) Youth voter suppression is a clear, persistent, and 
        growing problem. The actions of States and political 
        subdivisions resulting in at least four findings of twenty-
        sixth amendment violations as well as pending litigation 
        demonstrate the need for Congress to take action to enforce the 
        twenty-sixth amendment.
            (8) In League of Women Voters of Florida, Inc. v. Detzner 
        (2018), the United States District Court in the Northern 
        District of Florida found that the Secretary of State's actions 
        that prevented in-person early voting sites from being located 
        on university property revealed a stark pattern of 
        discrimination that was unexplainable on grounds other than age 
        and thus violated university students' twenty-sixth Amendment 
        rights.
            (9) In 2019, Michigan agreed to a settlement to enhance 
        college-age voters' access after a twenty-sixth amendment 
        challenge was filed in federal court. The challenge prompted 
        the removal of a Michigan voting law which required first-time 
        voters who registered by mail or through a third-party voter 
        registration drive to vote in person for the first time, as 
        well as the removal of another law which required the address 
        listed on a voter's driver license to match the address listed 
        on their voter registration card.
            (10) Youth voter suppression tactics are often linked to 
        other tactics aimed at minority voters. For example, students 
        at Prairie View A&M University (PVAMU), a historically black 
        university in Texas, have been the targets of voter suppression 
        tactics for decades. Before the 2018 election, PVAMU students 
        sued Waller County on the basis of both racial and age 
        discrimination over the county's failure to ensure equal early 
        voting opportunities for students, spurring the county to 
        reverse course and expand early voting access for students.
            (11) The more than 25 million United States citizens ages 
        18-24 deserve equal opportunity to participate in the electoral 
        process as guaranteed by the twenty-sixth amendment.

                        Subtitle J--Severability

SEC. 2901. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                      TITLE III--ELECTION SECURITY

SEC. 3000. SHORT TITLE; SENSE OF CONGRESS.

    (a) Short Title.--This title may be cited as the ``Election 
Security Act''.
    (b) Sense of Congress on Need to Improve Election Infrastructure 
Security.--It is the sense of Congress that, in light of the lessons 
learned from Russian interference in the 2016 Presidential election, 
the Federal Government should intensify its efforts to improve the 
security of election infrastructure in the United States, including 
through the use of individual, durable, paper ballots marked by the 
voter by hand.

       Subtitle A--Financial Support for Election Infrastructure

           PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    (a) Availability of Grants.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
        section 1622(c), is amended by adding at the end the following 
        new part:

 ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--
            ``(1) In general.--The Commission shall make a grant to 
        each eligible State--
                    ``(A) to replace a voting system--
                            ``(i) which does not meet the requirements 
                        which are first imposed on the State pursuant 
                        to the amendments made by the Voter Confidence 
                        and Increased Accessibility Act of 2021 with a 
                        voting system which--
                                    ``(I) does meet such requirements; 
                                and
                                    ``(II) in the case of a 
                                grandfathered voting system (as defined 
                                in paragraph (2)), is in compliance 
                                with the most recent voluntary voting 
                                system guidelines; or
                            ``(ii) which does meet such requirements 
                        but which is not in compliance with the most 
                        recent voluntary voting system guidelines with 
                        another system which does meet such 
                        requirements and is in compliance with such 
                        guidelines;
                    ``(B) to carry out voting system security 
                improvements described in section 298A with respect to 
                the regularly scheduled general election for Federal 
                office held in November 2022 and each succeeding 
                election for Federal office;
                    ``(C) to implement and model best practices for 
                ballot design, ballot instructions, and the testing of 
                ballots; and
                    ``(D) to purchase or acquire accessible voting 
                systems that meet the requirements of paragraph (2)(A) 
                and paragraph (3)(A)(i) of section 301(a) by the means 
                described in paragraph (3)(B) of such section.
            ``(2) Definition of grandfathered voting system.--In this 
        subsection, the term `grandfathered voting system' means a 
        voting system that is used by a jurisdiction described in 
        subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
    ``(b) Amount of Payment.--
            ``(1) In general.--The amount of payment made to an 
        eligible State under this section shall be the minimum payment 
        amount described in paragraph (2) plus the voting age 
        population proportion amount described in paragraph (3).
            ``(2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, or the United States Virgin 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            ``(3) Voting age population proportion amount.--The voting 
        age population proportion amount described in this paragraph is 
        the product of--
                    ``(A) the aggregate amount made available for 
                payments under this section minus the total of all of 
                the minimum payment amounts determined under paragraph 
                (2); and
                    ``(B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            ``(4) Voting age population proportion defined.--The term 
        `voting age population proportion' means, with respect to a 
        State, the amount equal to the quotient of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
            ``(5) Requirement relating to purchase of accessible voting 
        systems.--An eligible State shall use not less than 10 percent 
        of funds received by the State under this section to purchase 
        accessible voting systems described in subsection (a)(1)(D).
    ``(c) Ability of Replacement Systems to Administer Ranked Choice 
Elections.--To the greatest extent practicable, an eligible State which 
receives a grant to replace a voting system under this section shall 
ensure that the replacement system is capable of administering a system 
of ranked choice voting under which each voter shall rank the 
candidates for the office in the order of the voter's preference.

``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment of the 
        State's election infrastructure which is carried out by a 
        provider of cybersecurity services under a contract entered 
        into between the chief State election official and the 
        provider.
            ``(4) The maintenance of infrastructure used for elections, 
        including addressing risks and vulnerabilities which are 
        identified under either of the security risk and vulnerability 
        assessments described in paragraph (3), except that none of the 
        funds provided under this part may be used to renovate or 
        replace a building or facility which is not a primary provider 
        of information technology services for the administration of 
        elections, and which is used primarily for purposes other than 
        the administration of elections for public office.
            ``(5) Providing increased technical support for any 
        information technology infrastructure that the chief State 
        election official deems to be part of the State's election 
        infrastructure or designates as critical to the operation of 
        the State's election infrastructure.
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors Described.--For 
purposes of this part, a `qualified election infrastructure vendor' is 
any person who provides, supports, or maintains, or who seeks to 
provide, support, or maintain, election infrastructure on behalf of a 
State, unit of local government, or election agency (as defined in 
section 3601 of the Election Security Act) who meets the criteria 
described in section 3001(b) of the Election Security Act.

``SEC. 298B. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a description of how the State will use the grant to 
        carry out the activities authorized under this part;
            ``(2) a certification and assurance that, not later than 5 
        years after receiving the grant, the State will carry out 
        voting system security improvements, as described in section 
        298A; and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 298C. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the appropriate congressional 
committees, including the Committees on Homeland Security, House 
Administration, and the Judiciary of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs, the 
Judiciary, and Rules and Administration of the Senate, on the 
activities carried out with the funds provided under this part.

``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated for 
grants under this part--
            ``(1) $1,000,000,000 for fiscal year 2021; and
            ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 
        2026, and 2028.
    ``(b) Continuing Availability of Amounts.--Any amounts appropriated 
pursuant to the authorization of this section shall remain available 
until expended.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by section 1622(c), is amended by adding at the end 
        of the items relating to subtitle D of title II the following:

 ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

        ``Sec. 298. Grants for obtaining compliant paper ballot voting 
                            systems and carrying out voting system 
                            security improvements.
        ``Sec. 298A. Voting system security improvements described.
        ``Sec. 298B. Eligibility of States.
        ``Sec. 298C. Reports to Congress.
        ``Sec. 298D. Authorization of appropriations.
    (b) Qualified Election Infrastructure Vendors.--
            (1) In general.--The Secretary, in consultation with the 
        Chairman, shall establish and publish criteria for qualified 
        election infrastructure vendors for purposes of section 298A of 
        the Help America Vote Act of 2002 (as added by this Act).
            (2) Criteria.--The criteria established under paragraph (1) 
        shall include each of the following requirements:
                    (A) The vendor shall--
                            (i) be owned and controlled by a citizen or 
                        permanent resident of the United States or a 
                        member of the Five Eyes intelligence-sharing 
                        alliance; and
                            (ii) in the case of any election 
                        infrastructure which is a voting machine, 
                        ensure that such voting machine is assembled in 
                        the United States.
                    (B) The vendor shall disclose to the Secretary and 
                the Chairman, and to the chief State election official 
                of any State to which the vendor provides any goods and 
                services with funds provided under part 8 of subtitle A 
                of title II of the Help America Vote Act of 2002 (as 
                added by this Act), of any sourcing outside the United 
                States for parts of the election infrastructure.
                    (C) The vendor shall disclose to the Secretary and 
                the Chairman, and to the chief State election official 
                of any State to which the vendor provides any goods and 
                services with funds provided under such part 8, the 
                identification of any entity or individual with a more 
                than 5 percent ownership interest in the vendor.
                    (D) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the cybersecurity best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (E) The vendor agrees to maintain its information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices issued 
                by the Cybersecurity and Infrastructure Security Agency 
                of the Department of Homeland Security.
                    (F) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the supply chain best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (G) The vendor agrees to ensure that it has 
                personnel policies and practices in place that are 
                consistent with personnel best practices, including 
                cybersecurity training and background checks, issued by 
                the Cybersecurity and Infrastructure Security Agency of 
                the Department of Homeland Security.
                    (H) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with data integrity best 
                practices, including requirements for encrypted 
                transfers and validation, testing and checking printed 
                materials for accuracy, and disclosure of quality 
                control incidents, issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (I) The vendor agrees to meet the requirements of 
                paragraph (3) with respect to any known or suspected 
                cybersecurity incidents involving any of the goods and 
                services provided by the vendor pursuant to a grant 
                under part 8 of subtitle A of title II of the Help 
                America Vote Act of 2002 (as added by this Act).
                    (J) The vendor agrees to permit independent 
                security testing by the Commission (in accordance with 
                section 231(a) of the Help America Vote Act of 2002 (52 
                U.S.C. 20971)) and by the Secretary of the goods and 
                services provided by the vendor pursuant to a grant 
                under part 8 of subtitle A of title II of the Help 
                America Vote Act of 2002 (as added by this Act).
            (3) Cybersecurity incident reporting requirements.--
                    (A) In general.--A vendor meets the requirements of 
                this paragraph if, upon becoming aware of the 
                possibility that an election cybersecurity incident has 
                occurred involving any of the goods and services 
                provided by the vendor pursuant to a grant under part 8 
                of subtitle A of title II of the Help America Vote Act 
                of 2002 (as added by this Act)--
                            (i) the vendor promptly assesses whether or 
                        not such an incident occurred, and submits a 
                        notification meeting the requirements of 
                        subparagraph (B) to the Secretary and the 
                        Chairman of the assessment as soon as 
                        practicable (but in no case later than 3 days 
                        after the vendor first becomes aware of the 
                        possibility that the incident occurred);
                            (ii) if the incident involves goods or 
                        services provided to an election agency, the 
                        vendor submits a notification meeting the 
                        requirements of subparagraph (B) to the agency 
                        as soon as practicable (but in no case later 
                        than 3 days after the vendor first becomes 
                        aware of the possibility that the incident 
                        occurred), and cooperates with the agency in 
                        providing any other necessary notifications 
                        relating to the incident; and
                            (iii) the vendor provides all necessary 
                        updates to any notification submitted under 
                        clause (i) or clause (ii).
                    (B) Contents of notifications.--Each notification 
                submitted under clause (i) or clause (ii) of 
                subparagraph (A) shall contain the following 
                information with respect to any election cybersecurity 
                incident covered by the notification:
                            (i) The date, time, and time zone when the 
                        election cybersecurity incident began, if 
                        known.
                            (ii) The date, time, and time zone when the 
                        election cybersecurity incident was detected.
                            (iii) The date, time, and duration of the 
                        election cybersecurity incident.
                            (iv) The circumstances of the election 
                        cybersecurity incident, including the specific 
                        election infrastructure systems believed to 
                        have been accessed and information acquired, if 
                        any.
                            (v) Any planned and implemented technical 
                        measures to respond to and recover from the 
                        incident.
                            (vi) In the case of any notification which 
                        is an update to a prior notification, any 
                        additional material information relating to the 
                        incident, including technical data, as it 
                        becomes available.
                    (C) Development of criteria for reporting.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Director of the Cybersecurity and 
                Infrastructure Security Agency shall, in consultation 
                with the Election Infrastructure Sector Coordinating 
                Council, develop criteria for incidents which are 
                required to be reported in accordance with subparagraph 
                (A).

SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE 
              OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION 
              REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.

    (a) Duties of Election Assistance Commission.--Section 202 of the 
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the 
matter preceding paragraph (1) by striking ``by'' and inserting ``and 
the security of election infrastructure by''.
    (b) Membership of Secretary of Homeland Security on Board of 
Advisors of Election Assistance Commission.--Section 214(a) of such Act 
(52 U.S.C. 20944(a)), as amended by section 1106, is amended--
            (1) by striking ``49 members'' and inserting ``50 
        members''; and
            (2) by adding at the end the following new paragraph:
            ``(21) The Secretary of Homeland Security or the 
        Secretary's designee.''.
    (c) Representative of Department of Homeland Security on Technical 
Guidelines Development Committee.--Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``14'' and inserting ``15'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) A representative of the Department of 
                Homeland Security.''.
    (d) Goals of Periodic Studies of Election Administration Issues; 
Consultation With Secretary of Homeland Security.--Section 241(a) of 
such Act (52 U.S.C. 20981(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``the Commission shall'' and inserting ``the Commission, in 
        consultation with the Secretary of Homeland Security (as 
        appropriate), shall'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by redesignating paragraph (4) as paragraph (5); and
            (4) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) will be secure against attempts to undermine the 
        integrity of election systems by cyber or other means; and''.
    (e) Requirements Payments.--
            (1) Use of payments for voting system security 
        improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)), 
        as amended by section 1061(a)(2), is further amended by adding 
        at the end the following new paragraph:
            ``(5) Permitting use of payments for voting system security 
        improvements.--A State may use a requirements payment to carry 
        out any of the following activities:
                    ``(A) Cyber and risk mitigation training.
                    ``(B) Providing increased technical support for any 
                information technology infrastructure that the chief 
                State election official deems to be part of the State's 
                election infrastructure or designates as critical to 
                the operation of the State's election infrastructure.
                    ``(C) Enhancing the cybersecurity and operations of 
                the information technology infrastructure described in 
                subparagraph (B).
                    ``(D) Enhancing the security of voter registration 
                databases.''.
            (2) Incorporation of election infrastructure protection in 
        state plans for use of payments.--Section 254(a)(1) of such Act 
        (52 U.S.C. 21004(a)(1)) is amended by striking the period at 
        the end and inserting ``, including the protection of election 
        infrastructure.''.
            (3) Composition of committee responsible for developing 
        state plan for use of payments.--Section 255 of such Act (52 
        U.S.C. 21005) is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Geographic Representation.--The members of the committee 
shall be a representative group of individuals from the State's 
counties, cities, towns, and Indian tribes, and shall represent the 
needs of rural as well as urban areas of the State, as the case may 
be.''.
    (f) Ensuring Protection of Computerized Statewide Voter 
Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 
21083(a)(3)) is amended by striking the period at the end and inserting 
``, as well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission, the Secretary of Homeland 
Security, and the Technical Guidelines Development Committee.''.

SEC. 3003. INCORPORATION OF DEFINITIONS.

    (a) In General.--Section 901 of the Help America Vote Act of 2002 
(52 U.S.C. 21141), as amended by section 1921(b)(1), is amended to read 
as follows:

``SEC. 901. DEFINITIONS.

    ``In this Act, the following definitions apply:
            ``(1) The term `cybersecurity incident' has the meaning 
        given the term `incident' in section 227 of the Homeland 
        Security Act of 2002 (6 U.S.C. 659).
            ``(2) The term `election infrastructure' has the meaning 
        given such term in section 3601 of the Election Security Act.
            ``(3) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 901 to read as 
follows:

``Sec. 901. Definitions.''.

                PART 2--POST-ELECTION AUDIT REQUIREMENT

SEC. 3011. POST-ELECTION AUDIT REQUIREMENT.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.), as amended by section 1903(a) and section 1922, 
is amended by inserting after section 303B the following new section:

``SEC. 303C. POST-ELECTION AUDITS.

    ``(a) Definitions.--In this section:
            ``(1) Post-election audit.--Except as provided in 
        subsection (c)(1)(B), the term `post-election audit' means, 
        with respect to any election contest, a post-election process 
        that--
                    ``(A) has a probability of at least 95 percent of 
                correcting the reported outcome if the reported outcome 
                is not the correct outcome;
                    ``(B) will not change the outcome if the reported 
                outcome is the correct outcome; and
                    ``(C) involves a manual adjudication of voter 
                intent from some or all of the ballots validly cast in 
                the election contest.
            ``(2) Reported outcome; correct outcome; outcome.--
                    ``(A) Reported outcome.--The term `reported 
                outcome' means the outcome of an election contest which 
                is determined according to the canvass and which will 
                become the official, certified outcome unless it is 
                revised by an audit, recount, or other legal process.
                    ``(B) Correct outcome.--The term `correct outcome' 
                means the outcome that would be determined by a manual 
                adjudication of voter intent for all votes validly cast 
                in the election contest.
                    ``(C) Outcome.--The term `outcome' means the winner 
                or set of winners of an election contest.
            ``(3) Manual adjudication of voter intent.--The term 
        `manual adjudication of voter intent' means direct inspection 
        and determination by humans, without assistance from electronic 
        or mechanical tabulation devices, of the ballot choices marked 
        by voters on each voter-verifiable paper record.
            ``(4) Ballot manifest.--The term `ballot manifest' means a 
        record maintained by each jurisdiction that--
                    ``(A) is created without reliance on any part of 
                the voting system used to tabulate votes;
                    ``(B) functions as a sampling frame for conducting 
                a post-election audit; and
                    ``(C) accounts for all ballots validly cast 
                regardless of how they were tabulated and includes a 
                precise description of the manner in which the ballots 
                are physically stored, including the total number of 
                physical groups of ballots, the numbering system for 
                each group, a unique label for each group, and the 
                number of ballots in each such group.
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Audits.--
                            ``(i) In general.--Each State and 
                        jurisdiction shall administer post-election 
                        audits of the results of all election contests 
                        for Federal office held in the State in 
                        accordance with the requirements of paragraph 
                        (2).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to any election contest for which the 
                        State or jurisdiction conducts a full recount 
                        through a manual adjudication of voter intent.
                    ``(B) Full manual tabulation.--If a post-election 
                audit conducted under subparagraph (A) corrects the 
                reported outcome of an election contest, the State or 
                jurisdiction shall use the results of the manual 
                adjudication of voter intent conducted as part of the 
                post-election audit as the official results of the 
                election contest.
            ``(2) Audit requirements.--
                    ``(A) Rules and procedures.--
                            ``(i) In general.--Not later than 6 years 
                        after the date of the enactment of this 
                        section, the chief State election official of 
                        the State shall establish rules and procedures 
                        for conducting post-election audits.
                            ``(ii) Matters included.--The rules and 
                        procedures established under clause (i) shall 
                        include the following:
                                    ``(I) Rules and procedures for 
                                ensuring the security of ballots and 
                                documenting that prescribed procedures 
                                were followed.
                                    ``(II) Rules and procedures for 
                                ensuring the accuracy of ballot 
                                manifests produced by jurisdictions.
                                    ``(III) Rules and procedures for 
                                governing the format of ballot 
                                manifests and other data involved in 
                                post-election audits.
                                    ``(IV) Methods to ensure that any 
                                cast vote records used in a post-
                                election audit are those used by the 
                                voting system to tally the results of 
                                the election contest sent to the chief 
                                State election official of the State 
                                and made public.
                                    ``(V) Rules and procedures for the 
                                random selection of ballots to be 
                                inspected manually during each audit.
                                    ``(VI) Rules and procedures for the 
                                calculations and other methods to be 
                                used in the audit and to determine 
                                whether and when the audit of each 
                                election contest is complete.
                                    ``(VII) Rules and procedures for 
                                testing any software used to conduct 
                                post-election audits.
                    ``(B) Public report.--
                            ``(i) In general.--After the completion of 
                        the post-election audit and at least 5 days 
                        before the election contest is certified by the 
                        State, the State shall make public and submit 
                        to the Commission a report on the results of 
                        the audit, together with such information as 
                        necessary to confirm that the audit was 
                        conducted properly.
                            ``(ii) Format of data.--All data published 
                        with the report under clause (i) shall be 
                        published in machine-readable, open data 
                        formats.
                            ``(iii) Protection of anonymity of votes.--
                        Information and data published by the State 
                        under this subparagraph shall not compromise 
                        the anonymity of votes.
                            ``(iv) Report made available by 
                        commission.--After receiving any report 
                        submitted under clause (i), the Commission 
                        shall make such report available on its 
                        website.
            ``(3) Effective date; waiver.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), each State and jurisdiction 
                shall be required to comply with the requirements of 
                this subsection for the first regularly scheduled 
                election for Federal office occurring in 2032 and for 
                each subsequent election for Federal office.
                    ``(B) Waiver.--Except as provided in subparagraph 
                (C), if a State certifies to the Election Assistance 
                Commission not later than the first regularly scheduled 
                election for Federal office occurring in 2032, that the 
                State will not meet the deadline described in 
                subparagraph (A) because it would be impracticable to 
                do so and includes in the certification the reasons for 
                the failure to meet such deadline, subparagraph (A) of 
                this subsection and subsection (c)(2)(A) shall apply to 
                the State as if the reference in such subsections to 
                `2032' were a reference to `2034'.
                    ``(C) Additional waiver period.--If a State 
                certifies to the Election Assistance Commission not 
                later than the first regularly scheduled election for 
                Federal office occurring in 2034, that the State will 
                not meet the deadline described in subparagraph (B) 
                because it would be impracticable to do so and includes 
                in the certification the reasons for the failure to 
                meet such deadline, subparagraph (B) of this subsection 
                and subsection (c)(2)(A) shall apply to the State as if 
                the reference in such subsections to `2034' were a 
                reference to `2036'.
    ``(c) Phased Implementation.--
            ``(1) Post-election audits.--
                    ``(A) In general.--For the regularly scheduled 
                elections for Federal office occurring in 2024 and 
                2026, each State shall administer a post-election audit 
                of the result of at least one statewide election 
                contest for Federal office held in the State, or if no 
                such statewide contest is on the ballot, one election 
                contest for Federal office chosen at random.
                    ``(B) Post-election audit defined.--In this 
                subsection, the term `post-election audit' means a 
                post-election process that involves a manual 
                adjudication of voter intent from a sample of ballots 
                validly cast in the election contest.
            ``(2) Post-election audits for select contests.--Subject to 
        subparagraphs (B) and (C) of subsection (b)(3), for the 
        regularly scheduled elections for Federal office occurring in 
        2028 and for each subsequent election for Federal office that 
        occurs prior to the first regularly scheduled election for 
        Federal office occurring in 2032, each State shall administer a 
        post-election audit of the result of at least one statewide 
        election contest for Federal office held in the State, or if no 
        such statewide contest is on the ballot, one election contest 
        for Federal office chosen at random.
            ``(3) States that administer post-election audits for all 
        contests.--A State shall be exempt from the requirements of 
        this subsection for any regularly scheduled election for 
        Federal office in which the State meets the requirements of 
        subsection (b).''.
    (b) Clerical Amendment.--The table of contents for such Act, as 
amended by section 1903(c) and section 1922, is amended by inserting 
after the item relating to section 303B the following new item:

``Sec. 303C . Post-election audits..........................        ''.
    (c) Study on Post-election Audit Best Practices.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish an advisory committee 
        to study post-election audits and establish best practices for 
        post-election audit methodologies and procedures.
            (2) Advisory committee.--The Director of the National 
        Institute of Standards and Technology shall appoint individuals 
        to the advisory committee and secure the representation of--
                    (A) State and local election officials;
                    (B) individuals with experience and expertise in 
                election security;
                    (C) individuals with experience and expertise in 
                post-election audit procedures; and
                    (D) individuals with experience and expertise in 
                statistical methods.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        purposes of this subsection.

SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.

    (a) Analysis.--Not later than 4 years after the regularly scheduled 
general election for Federal office occurring in 2024, the Comptroller 
General of the United States shall conduct an analysis of the extent to 
which post-election audits under section 303C of the Help America Vote 
Act of 2002, as added by section 3011(a), have improved the 
administration of elections and the security of election infrastructure 
in the States receiving such grants.
    (b) Report.--The Comptroller General of the United States shall 
submit a report on the analysis conducted under subsection (a) to the 
appropriate congressional committees.

        PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following new 
section:

``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and Technology, in coordination with the Chairman 
of the Election Assistance Commission (established pursuant to the Help 
America Vote Act of 2002), and in consultation with the Director of the 
National Science Foundation and the Director of the National Institute 
of Standards and Technology, shall establish a competitive grant 
program to award grants to eligible entities, on a competitive basis, 
for purposes of research and development that are determined to have 
the potential to significantly improve the security (including 
cybersecurity), quality, reliability, accuracy, accessibility, and 
affordability of election infrastructure, and increase voter 
participation.
    ``(b) Report to Congress.--Not later than 90 days after the 
conclusion of each fiscal year for which grants are awarded under this 
section, the Secretary shall submit to the Committee on Homeland 
Security and the Committee on House Administration of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Rules and Administration of the Senate a 
report describing such grants and analyzing the impact, if any, of such 
grants on the security and operation of election infrastructure, and on 
voter participation.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $20,000,000 for each of fiscal years 2021 
through 2029 for purposes of carrying out this section.
    ``(d) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            ``(1) an institution of higher education (as such term is 
        defined in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)), including an institution of higher 
        education that is a historically Black college or university 
        (which has the meaning given the term `part B institution' in 
        section 322 of such Act (20 U.S.C. 1061)) or other minority-
        serving institution listed in section 371(a) of such Act (20 
        U.S.C. 1067q(a));
            ``(2) an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code; or
            ``(3) an organization, association, or a for-profit 
        company, including a small business concern (as such term is 
        described in section 3 of the Small Business Act (15 U.S.C. 
        632)), including a small business concern owned and controlled 
        by socially and economically disadvantaged individuals (as such 
        term is defined in section 8(d)(3)(C) of the Small Business Act 
        (15 U.S.C. 637(d)(3)(C)).''.
    (b) Definition.--Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended--
            (1) by redesignating paragraphs (6) through (20) as 
        paragraphs (7) through (21), respectively; and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) Election infrastructure.--The term `election 
        infrastructure' means storage facilities, polling places, and 
        centralized vote tabulation locations used to support the 
        administration of elections for public office, as well as 
        related information and 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.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 320 the following:

``Sec. 321. Election infrastructure innovation grant program.''.

                     Subtitle B--Security Measures

SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION.

    Subparagraph (J) of section 2001(3) of the Homeland Security Act of 
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election 
infrastructure'' before the period at the end.

SEC. 3102. TIMELY THREAT INFORMATION.

    Subsection (d) of section 201 of the Homeland Security Act of 2002 
(6 U.S.C. 121) is amended by adding at the end the following:
            ``(24) To provide timely threat information regarding 
        election infrastructure to the chief State election official 
        (as defined in section 3601 of the For the People Act of 2021) 
        of the State with respect to which such information 
        pertains.''.

SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.

    In order to promote the timely sharing of information on threats to 
election infrastructure, the Secretary may--
            (1) help expedite a security clearance for the chief State 
        election official and other appropriate State personnel 
        involved in the administration of elections, as designated by 
        the chief State election official;
            (2) sponsor a security clearance for the chief State 
        election official and other appropriate State personnel 
        involved in the administration of elections, as designated by 
        the chief State election official; and
            (3) facilitate the issuance of a temporary clearance to the 
        chief State election official and other appropriate State 
        personnel involved in the administration of elections, as 
        designated by the chief State election official, if the 
        Secretary determines classified information to be timely and 
        relevant to the election infrastructure of the State at issue.

SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.

    (a) In General.--Paragraph (6) of section 2209(c) of the Homeland 
Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting 
``(including by carrying out a security risk and vulnerability 
assessment)'' after ``risk management support''.
    (b) Prioritization to Enhance Election Security.--
            (1) In general.--Not later than 90 days after receiving a 
        written request from a chief State election official, the 
        Secretary shall, to the extent practicable, commence a security 
        risk and vulnerability assessment (pursuant to paragraph (6) of 
        section 2209(c) of the Homeland Security Act of 2002, as 
        amended by subsection (a)) on election infrastructure in the 
        State at issue.
            (2) Notification.--If the Secretary, upon receipt of a 
        request described in paragraph (1), determines that a security 
        risk and vulnerability assessment referred to in such paragraph 
        cannot be commenced within 90 days, the Secretary shall 
        expeditiously notify the chief State election official who 
        submitted such request.

SEC. 3105. ANNUAL REPORTS.

    (a) Reports on Assistance and Assessments.--Not later than 1 year 
after the date of enactment of this Act and annually thereafter through 
2028, the Secretary shall submit to the appropriate congressional 
committees--
            (1) efforts to carry out section 3103 during the prior 
        year, including specific information regarding which States 
        were helped, how many officials have been helped in each State, 
        how many security clearances have been sponsored in each State, 
        and how many temporary clearances have been issued in each 
        State; and
            (2) efforts to carry out section 3104 during the prior 
        year, including specific information regarding which States 
        were helped, the dates on which the Secretary received a 
        request for a security risk and vulnerability assessment 
        referred to in such section, the dates on which the Secretary 
        commenced each such request, and the dates on which the 
        Secretary transmitted a notification in accordance with 
        subsection (b)(2) of such section.
    (b) Reports on Foreign Threats.--Beginning with fiscal year 2021, 
not later than 90 days after the end of each fiscal year, the Secretary 
and the Director of National Intelligence, in coordination with the 
heads of appropriate offices of the Federal Government, shall submit to 
the appropriate congressional committees a joint report on foreign 
threats, including physical and cybersecurity threats, to elections in 
the United States.
    (c) Information From States.--For purposes of preparing the reports 
required under this section, the Secretary shall solicit and consider 
information and comments from States and election agencies, except that 
the provision of such information and comments by a State or election 
agency shall be voluntary and at the discretion of the State or 
election agency.

SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS.

    (a) Submission of Assessment by DNI.--Not later than 180 days 
before the date of each regularly scheduled general election for 
Federal office, the Director of National Intelligence shall submit an 
assessment of the full scope of threats, including cybersecurity 
threats posed by state actors and terrorist groups, to election 
infrastructure and recommendations to address or mitigate such threats, 
as developed by the Secretary and Chairman, to--
            (1) the chief State election official of each State;
            (2) the appropriate congressional committees; and
            (3) any other relevant congressional committees.
    (b) Updates to Initial Assessments.--If, at any time after 
submitting an assessment with respect to an election under subsection 
(a), the Director of National Intelligence determines that the 
assessment should be updated to reflect new information regarding the 
threats involved, the Director shall submit a revised assessment under 
such subsection.
    (c) Definitions.--In this section:
            (1) Chairman.--The term ``Chairman'' means the chair of the 
        Election Assistance Commission.
            (2) Chief state election official.--The term ``chief State 
        election official'' means, with respect to a State, the 
        individual designated by the State under section 10 of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20509) to be 
        responsible for coordination of the State's responsibilities 
        under such Act.
            (3) Election infrastructure.--The term ``election 
        infrastructure'' means storage facilities, polling places, and 
        centralized vote tabulation locations used to support the 
        administration of elections for public office, as well as 
        related information and 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.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) State.--The term ``State'' has the meaning given such 
        term in section 901 of the Help America Vote Act of 2002 (52 
        U.S.C. 21141).
    (d) Effective Date.--This subtitle shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding regularly scheduled general election 
for Federal office.

    Subtitle C--Enhancing Protections for United States Democratic 
                              Institutions

SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC 
              INSTITUTIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the President, acting through the Secretary, in 
consultation with the Chairman, the Secretary of Defense, the Secretary 
of State, the Attorney General, the Secretary of Education, the 
Director of National Intelligence, the Chairman of the Federal Election 
Commission, and the heads of any other appropriate Federal agencies, 
shall issue a national strategy to protect against cyber attacks, 
influence operations, disinformation campaigns, and other activities 
that could undermine the security and integrity of United States 
democratic institutions.
    (b) Considerations.--The national strategy required under 
subsection (a) shall include consideration of the following:
            (1) The threat of a foreign state actor, foreign terrorist 
        organization (as designated pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic 
        actor carrying out a cyber attack, influence operation, 
        disinformation campaign, or other activity aimed at undermining 
        the security and integrity of United States democratic 
        institutions.
            (2) The extent to which United States democratic 
        institutions are vulnerable to a cyber attack, influence 
        operation, disinformation campaign, or other activity aimed at 
        undermining the security and integrity of such democratic 
        institutions.
            (3) Potential consequences, such as an erosion of public 
        trust or an undermining of the rule of law, that could result 
        from a successful cyber attack, influence operation, 
        disinformation campaign, or other activity aimed at undermining 
        the security and integrity of United States democratic 
        institutions.
            (4) Lessons learned from other governments the institutions 
        of which were subject to a cyber attack, influence operation, 
        disinformation campaign, or other activity aimed at undermining 
        the security and integrity of such institutions, as well as 
        actions that could be taken by the United States Government to 
        bolster collaboration with foreign partners to detect, deter, 
        prevent, and counter such activities.
            (5) Potential impacts, such as an erosion of public trust 
        in democratic institutions, as could be associated with a 
        successful cyber breach or other activity negatively-affecting 
        election infrastructure.
            (6) Roles and responsibilities of the Secretary, the 
        Chairman, and the heads of other Federal entities and non-
        Federal entities, including chief State election officials and 
        representatives of multi-state information sharing and analysis 
        centers.
            (7) Any findings, conclusions, and recommendations to 
        strengthen protections for United States democratic 
        institutions that have been agreed to by a majority of 
        Commission members on the National Commission to Protect United 
        States Democratic Institutions, authorized pursuant to section 
        3202.
    (c) Implementation Plan.--Not later than 90 days after the date on 
which the national strategy required under subsection (a) is issued, 
the President, acting through the Secretary, in coordination with the 
Chairman, shall issue an implementation plan for Federal efforts to 
implement such strategy that includes the following:
            (1) Strategic objectives and corresponding tasks.
            (2) Projected timelines and costs for the tasks referred to 
        in paragraph (1).
            (3) Metrics to evaluate performance of such tasks.
    (d) Classification.--The national strategy required under 
subsection (a) shall be in unclassified form.
    (e) Civil Rights Review.--Not later than 60 days after the date on 
which the national strategy required under subsection (a) is issued, 
and not later than 60 days after the date on which the implementation 
plan required under subsection (c) is issued, the Privacy and Civil 
Liberties Oversight Board (established under section 1061 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee)) shall submit a report to Congress on any potential privacy and 
civil liberties impacts of such strategy and implementation plan, 
respectively.

SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC 
              INSTITUTIONS.

    (a) Establishment.--There is established within the legislative 
branch the National Commission to Protect United States Democratic 
Institutions (hereafter in this section referred to as the 
``Commission'').
    (b) Purpose.--The purpose of the Commission is to counter efforts 
to undermine democratic institutions within the United States.
    (c) Composition.--
            (1) Membership.--The Commission shall be composed of 10 
        members appointed for the life of the Commission as follows:
                    (A) One member shall be appointed by the Secretary.
                    (B) One member shall be appointed by the Chairman.
                    (C) Two members shall be appointed by the majority 
                leader of the Senate, in consultation with the Chairman 
                of the Committee on Homeland Security and Governmental 
                Affairs of the Senate, the Chairman of the Committee on 
                the Judiciary of the Senate, and the Chairman of the 
                Committee on Rules and Administration of the Senate.
                    (D) Two members shall be appointed by the minority 
                leader of the Senate, in consultation with the ranking 
                minority member of the Committee on Homeland Security 
                and Governmental Affairs of the Senate, the ranking 
                minority member of the Committee on the Judiciary of 
                the Senate, and the ranking minority member of the 
                Committee on Rules and Administration of the Senate.
                    (E) Two members shall be appointed by the Speaker 
                of the House of Representatives, in consultation with 
                the Chairman of the Committee on Homeland Security of 
                the House of Representatives, the Chairman of the 
                Committee on House Administration of the House of 
                Representatives, and the Chairman of the Committee on 
                the Judiciary of the House of Representatives.
                    (F) Two members shall be appointed by the minority 
                leader of the House of Representatives, in consultation 
                with the ranking minority member of the Committee on 
                Homeland Security of the House of Representatives, the 
                ranking minority member of the Committee on the 
                Judiciary of the House of Representatives, and the 
                ranking minority member of the Committee on House 
                Administration of the House of Representatives.
            (2) Qualifications.--Individuals shall be selected for 
        appointment to the Commission solely on the basis of their 
        professional qualifications, achievements, public stature, 
        experience, and expertise in relevant fields, including 
        cybersecurity, national security, and the Constitution of the 
        United States.
            (3) No compensation for service.--Members may not receive 
        compensation for service on the Commission, but shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with chapter 57 of title 5, United States Code.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 60 days after the 
        date of enactment of this Act.
            (5) Vacancies.--A vacancy on the Commission shall not 
        affect its powers and shall be filled in the manner in which 
        the original appointment was made. The appointment of the 
        replacement member shall be made not later than 60 days after 
        the date on which the vacancy occurs.
    (d) Chair and Vice Chair.--The Commission shall elect a Chair and 
Vice Chair from among its members.
    (e) Quorum and Meetings.--
            (1) Quorum.--The Commission shall meet and begin the 
        operations of the Commission not later than 30 days after the 
        date on which all members have been appointed or, if such 
        meeting cannot be mutually agreed upon, on a date designated by 
        the Speaker of the House of Representatives and the President 
        pro Tempore of the Senate. Each subsequent meeting shall occur 
        upon the call of the Chair or a majority of its members. A 
        majority of the members of the Commission shall constitute a 
        quorum, but a lesser number may hold meetings.
            (2) Authority of individuals to act for commission.--Any 
        member of the Commission may, if authorized by the Commission, 
        take any action that the Commission is authorized to take under 
        this section.
    (f) Powers.--
            (1) Hearings and evidence.--The Commission (or, on the 
        authority of the Commission, any subcommittee or member 
        thereof) may, for the purpose of carrying out this section, 
        hold hearings and sit and act at such times and places, take 
        such testimony, receive such evidence, and administer such 
        oaths as the Commission considers advisable to carry out its 
        duties.
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriation Acts, enter into 
        contracts to enable the Commission to discharge its duties 
        under this section.
    (g) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance provided under paragraph (1), the Department of 
        Homeland Security, the Election Assistance Commission, and 
        other appropriate departments and agencies of the United States 
        shall provide to the Commission such services, funds, 
        facilities, and staff as they may determine advisable and as 
        may be authorized by law.
    (h) Public Meetings.--Any public meetings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.
    (i) Security Clearances.--
            (1) In general.--The heads of appropriate departments and 
        agencies of the executive branch shall cooperate with the 
        Commission to expeditiously provide Commission members and 
        staff with appropriate security clearances to the extent 
        possible under applicable procedures and requirements.
            (2) Preferences.--In appointing staff, obtaining detailees, 
        and entering into contracts for the provision of services for 
        the Commission, the Commission shall give preference to 
        individuals who have active security clearances.
    (j) Reports.--
            (1) Interim reports.--At any time prior to the submission 
        of the final report under paragraph (2), the Commission may 
        submit interim reports to the President and Congress containing 
        such findings, conclusions, and recommendations to strengthen 
        protections for democratic institutions in the United States as 
        have been agreed to by a majority of the members of the 
        Commission.
            (2) Final report.--Not later than 18 months after the date 
        of the first meeting of the Commission, the Commission shall 
        submit to the President and Congress a final report containing 
        such findings, conclusions, and recommendations to strengthen 
        protections for democratic institutions in the United States as 
        have been agreed to by a majority of the members of the 
        Commission.
    (k) Termination.--
            (1) In general.--The Commission shall terminate upon the 
        expiration of the 60-day period which begins on the date on 
        which the Commission submits the final report required under 
        subsection (j)(2).
            (2) Administrative activities prior to termination.--During 
        the 60-day period referred to in paragraph (1), the Commission 
        may carry out such administrative activities as may be required 
        to conclude its work, including providing testimony to 
        committees of Congress concerning the final report and 
        disseminating the final report.

 Subtitle D--Promoting Cybersecurity Through Improvements in Election 
                             Administration

SEC. 3301. ELECTION CYBERSECURITY.

    Not later than 1 year after the date of the enactment of this 
subsection, the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Security, in consultation 
with the Commission, shall issue election cybersecurity guidelines, 
including standards and best practices for procuring, maintaining, 
testing, operating, and updating election systems to prevent and deter 
cybersecurity incidents.

SEC. 3302. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND 
              REMOTE BALLOT MARKING SYSTEMS.

    (a) Inclusion Under Voluntary Voting System Guidelines.--Section 
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
            (1) by redesignating subsections (a), (b), (c), (d), and 
        (e) as subsections (b), (c), (d), (e), and (f);
            (2) by inserting after the section heading the following:
    ``(a) Voluntary Voting System Guidelines.--The Commission shall 
adopt voluntary voting system guidelines that describe functionality, 
accessibility, and security principles for the design, development, and 
operation of voting systems, electronic poll books, and remote ballot 
marking systems.''; and
            (3) by adding at the end the following new subsections:
    ``(g) Initial Guidelines for Electronic Poll Books and Remote 
Ballot Marking Systems.--
            ``(1) Adoption date.--The Commission shall adopt initial 
        voluntary voting system guidelines for electronic poll books 
        and remote ballot marking systems by January 1, 2022.
            ``(2) Special rule for initial guidelines.--The Commission 
        may adopt initial voluntary voting system guidelines for 
        electronic poll books and remote ballot marking systems without 
        modifying the most recently adopted voluntary voting system 
        guidelines for voting systems.
    ``(h) Definitions.--In this section:
            ``(1) Voting system defined.--The term `voting system' has 
        the same meaning given that term in section 301.
            ``(2) Electronic pollbook defined.--The term `electronic 
        poll book' means the total combination of mechanical, 
        electromechanical, or electronic equipment (including the 
        software, firmware, and documentation required to program, 
        control, and support the equipment) that is used--
                    ``(A) to retain the list of registered voters at a 
                polling location, or vote center, or other location at 
                which voters cast votes in an election for Federal 
                office; and
                    ``(B) to identify registered voters who are 
                eligible to vote in an election.''.
            ``(3) Remote ballot marking system defined.--The term 
        `remote ballot marking system' means an election system that--
                    ``(A) is used by a voter to mark their ballots 
                outside of a voting center or polling place;
                    ``(B) allows a voter to receive a blank ballot to 
                mark electronically, print, and then cast by returning 
                the printed ballot to the elections office or other 
                designated location; and
                    ``(C) does not allow a voter to cast and return a 
                ballot electronically.''.
    (b) Providing for Certification of Electronic Poll Books and Remote 
Ballot Marking System.--Section 231(a) of the Help America Vote Act of 
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and 
(2), by inserting ``, electronic poll books, and remote ballot marking 
systems'' after ``software''.

SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    (a) Requiring States to Submit Reports.--Title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 301 the following new section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    ``(a) Requiring States to Submit Reports.--Not later than 120 days 
before the date of each regularly scheduled general election for 
Federal office, the chief State election official of a State shall 
submit a report to the Commission containing a detailed voting system 
usage plan for each jurisdiction in the State which will administer the 
election, including a detailed plan for the usage of electronic poll 
books and other equipment and components of such system. If a 
jurisdiction acquires and implements a new voting system within the 120 
days before the date of the election, it shall notify the chief State 
election official of the State, who shall submit to the Commission in a 
timely manner an updated report under the preceding sentence.
    ``(b) Effective Date.--Subsection (a) shall apply with respect to 
the regularly scheduled general election for Federal office held in 
November 2022 and each succeeding regularly scheduled general election 
for Federal office.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 301 the 
following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.

    Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) 
is amended--
            (1) by striking ``The Commission'' and inserting ``(a) In 
        General.--The Commission''; and
            (2) by adding at the end the following new subsection:
    ``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 
of title 44, United States Code, shall not apply to the collection of 
information for purposes of maintaining the clearinghouse described in 
paragraph (1) of subsection (a).''.

                Subtitle E--Preventing Election Hacking

SEC. 3401. SHORT TITLE.

    This subtitle may be cited as the ``Prevent Election Hacking Act of 
2021''.

SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a program to be 
known as the ``Election Security Bug Bounty Program'' (hereafter in 
this subtitle referred to as the ``Program'') to improve the 
cybersecurity of the systems used to administer elections for Federal 
office by facilitating and encouraging assessments by independent 
technical experts, in cooperation with State and local election 
officials and election service providers, to identify and report 
election cybersecurity vulnerabilities.
    (b) Voluntary Participation by Election Officials and Election 
Service Providers.--
            (1) No requirement to participate in program.--
        Participation in the Program shall be entirely voluntary for 
        State and local election officials and election service 
        providers.
            (2) Encouraging participation and input from election 
        officials.--In developing the Program, the Secretary shall 
        solicit input from, and encourage participation by, State and 
        local election officials.
    (c) Activities Funded.--In establishing and carrying out the 
Program, the Secretary shall--
            (1) establish a process for State and local election 
        officials and election service providers to voluntarily 
        participate in the Program;
            (2) designate appropriate information systems to be 
        included in the Program;
            (3) provide compensation to eligible individuals, 
        organizations, and companies for reports of previously 
        unidentified security vulnerabilities within the information 
        systems designated under paragraph (2) and establish criteria 
        for individuals, organizations, and companies to be considered 
        eligible for such compensation in compliance with Federal laws;
            (4) consult with the Attorney General on how to ensure that 
        approved individuals, organizations, and companies that comply 
        with the requirements of the Program are protected from 
        prosecution under section 1030 of title 18, United States Code, 
        and similar provisions of law;
            (5) consult with the Secretary of Defense and the heads of 
        other departments and agencies that have implemented programs 
        to provide compensation for reports of previously undisclosed 
        vulnerabilities in information systems, regarding lessons that 
        may be applied from such programs;
            (6) develop an expeditious process by which an individual, 
        organization, or company can register with the Department, 
        submit to a background check as determined by the Department, 
        and receive a determination regarding eligibility for 
        participation in the Program; and
            (7) engage qualified interested persons, including 
        representatives of private entities, about the structure of the 
        Program and, to the extent practicable, establish a recurring 
        competition for independent technical experts to assess 
        election systems for the purpose of identifying and reporting 
        election cybersecurity vulnerabilities.
    (d) Use of Service Providers.--The Secretary may award competitive 
contracts as necessary to manage the Program.
    (e) Definitions.--In this section:
            (1) The term ``Department'' means the Department of 
        Homeland Security.
            (2) The terms ``election'' and ``Federal office'' have the 
        meanings given such terms in section 301 of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101).
            (3) The term ``election cybersecurity vulnerability'' means 
        any security vulnerability that affects an election system.
            (4) The term ``election infrastructure'' has the meaning 
        given such term in paragraph (6) of section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101), as added by section 3021 
        of this title.
            (5) The term ``election service provider'' means any person 
        providing, supporting, or maintaining an election system on 
        behalf of a State or local election official, such as a 
        contractor or vendor.
            (6) The term ``election system'' means any information 
        system which is part of an election infrastructure.
            (7) The term ``information system'' has the meaning given 
        such term in section 3502 of title 44, United States Code.
            (8) The term ``Secretary'' means the Secretary of Homeland 
        Security, or, upon designation by the Secretary of Homeland 
        Security, the Deputy Secretary of Homeland Security, the 
        Director of Cybersecurity and Infrastructure Security of the 
        Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security, or a Senate-confirmed official 
        who reports to the Director.
            (9) The term ``security vulnerability'' has the meaning 
        given such term in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501).
            (10) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Commonwealth of Northern Mariana 
        Islands, and the United States Virgin Islands.
            (11) The term ``voting system'' has the meaning given such 
        term in section 301(b) of the Help America Vote Act of 2002 (52 
        U.S.C. 21081(b)).

        Subtitle F--Election Security Grants Advisory Committee

SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end 
the following:

         ``PART 5--ELECTION SECURITY GRANTS ADVISORY COMMITTEE

``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.

    ``(a) Establishment.--There is hereby established an advisory 
committee (hereinafter in this part referred to as the `Committee') to 
assist the Commission with respect to the award of grants to States 
under this Act for the purpose of election security.
    ``(b) Duties.--
            ``(1) In general.--The Committee shall, with respect to an 
        application for a grant received by the Commission--
                    ``(A) review such application; and
                    ``(B) recommend to the Commission whether to award 
                the grant to the applicant.
            ``(2) Considerations.--In reviewing an application pursuant 
        to paragraph (1)(A), the Committee shall consider--
                    ``(A) the record of the applicant with respect to--
                            ``(i) compliance of the applicant with the 
                        requirements under subtitle A of title III; and
                            ``(ii) adoption of voluntary guidelines 
                        issued by the Commission under subtitle B of 
                        title III; and
                    ``(B) the goals and requirements of election 
                security as described in title III of the For the 
                People Act of 2021.
    ``(c) Membership.--The Committee shall be composed of 15 
individuals appointed by the Executive Director of the Commission with 
experience and expertise in election security.
    ``(d) No Compensation for Service.--Members of the Committee shall 
not receive any compensation for their service, but shall be paid 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Committee.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 223 the 
following new items:

         ``PART 5--Election Security Grants Advisory Committee

``Sec. 225. Election security grants advisory committee.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

                  Subtitle G--Miscellaneous Provisions

SEC. 3601. DEFINITIONS.

    Except as provided in sections 3106 and 3402, in this title, the 
following definitions apply:
            (1) Chairman.--The term ``Chairman'' means the chair of the 
        Election Assistance Commission.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Homeland Security and House Administration of the House of 
        Representatives and the Committees on Homeland Security and 
        Governmental Affairs and Rules and Administration of the 
        Senate.
            (3) Chief state election official.--The term ``chief State 
        election official'' means, with respect to a State, the 
        individual designated by the State under section 10 of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20509) to be 
        responsible for coordination of the State's responsibilities 
        under such Act.
            (4) Commission.--The term ``Commission'' means the Election 
        Assistance Commission.
            (5) Democratic institutions.--The term ``democratic 
        institutions'' means the diverse range of institutions that are 
        essential to ensuring an independent judiciary, free and fair 
        elections, and rule of law.
            (6) Election agency.--The term ``election agency'' means 
        any component of a State, or any component of a unit of local 
        government in a State, which is responsible for the 
        administration of elections for Federal office in the State.
            (7) Election infrastructure.--The term ``election 
        infrastructure'' means storage facilities, polling places, and 
        centralized vote tabulation locations used to support the 
        administration of elections for public office, as well as 
        related information and 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (9) State.--The term ``State'' has the meaning given such 
        term in section 901 of the Help America Vote Act of 2002 (52 
        U.S.C. 21141).

SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR 
              IMPLEMENTATION.

    Not later than 120 days after the date of enactment of this Act, 
the Chairman and the Secretary shall submit a report to the appropriate 
committees of Congress, including the Committees on Homeland Security 
and House Administration of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
analyzing the adequacy of the funding, resources, and personnel 
available to carry out this title and the amendments made by this 
title.

  Subtitle H--Use of Voting Machines Manufactured in the United States

SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.

    (a) Requirement.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by section 1504, section 1506, 
and section 1507, is further amended by adding at the end the following 
new paragraph:
            ``(11) Voting machine requirements.--
                    ``(A) Manufacturing requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure to the extent 
                practicable that any voting machine used in such 
                election and in any subsequent election for Federal 
                office is manufactured in the United States.
                    ``(B) Assembly requirements.--By not later than the 
                date of the regularly scheduled general election for 
                Federal office occurring in November 2024, each State 
                shall seek to ensure that any voting machine purchased 
                or acquired for such election and in any subsequent 
                election for Federal office is assembled in the United 
                States.
                    ``(C) Software and code requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure that any software or 
                code developed for any voting system purchased or 
                acquired for such election and in any subsequent 
                election for Federal office is developed and stored in 
                the United States.''.
    (b) Conforming Amendment Relating to Effective Date.--Section 
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 
1508, is amended by striking ``paragraph (2)'' and inserting 
``subsection (a)(11) and paragraph (2)''.

                        Subtitle I--Severability

SEC. 3801. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                      DIVISION B--CAMPAIGN FINANCE

                TITLE IV--CAMPAIGN FINANCE TRANSPARENCY

 Subtitle A--Establishing Duty to Report Foreign Election Interference

SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR 
              DEMOCRACY.

    Congress finds the following:
            (1) Criminals, terrorists, and corrupt government officials 
        frequently abuse anonymously held Limited Liability Companies 
        (LLCs), also known as ``shell companies,'' to hide, move, and 
        launder the dirty money derived from illicit activities such as 
        trafficking, bribery, exploitation, and embezzlement. Ownership 
        and control of the finances that run through shell companies 
        are obscured to regulators and law enforcement because little 
        information is required and collected when establishing these 
        entities.
            (2) The public release of the ``Panama Papers'' in 2016 and 
        the ``Paradise Papers'' in 2017 revealed that these shell 
        companies often purchase and sell United States real estate. 
        United States anti-money laundering laws do not apply to cash 
        transactions involving real estate effectively concealing the 
        beneficiaries and transactions from regulators and law 
        enforcement.
            (3) Since the Supreme Court's decisions in Citizens United 
        v. Federal Election Commission, 558 U.S. 310 (2010), millions 
        of dollars have flowed into super PACs through LLCs whose 
        funders are anonymous or intentionally obscured. Criminal 
        investigations have uncovered LLCs that were used to hide 
        illegal campaign contributions from foreign criminal fugitives, 
        to advance international influence-buying schemes, and to 
        conceal contributions from donors who were already under 
        investigation for bribery and racketeering. Voters have no way 
        to know the true sources of the money being routed through 
        these LLCs to influence elections, including whether any of the 
        funds come from foreign or other illicit sources.
            (4) Congress should curb the use of anonymous shell 
        companies for illicit purposes by requiring United States 
        companies to disclose their beneficial owners, strengthening 
        anti-money laundering and counter-terrorism finance laws.
            (5) Congress should examine the money laundering and 
        terrorist financing risks in the real estate market, including 
        the role of anonymous parties, and review legislation to 
        address any vulnerabilities identified in this sector.
            (6) Congress should examine the methods by which corruption 
        flourishes and the means to detect and deter the financial 
        misconduct that fuels this driver of global instability. 
        Congress should monitor government efforts to enforce United 
        States anti-corruption laws and regulations.

SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

    (a) Initial Notice.--
            (1) In general.--Section 304 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at 
        the end the following new subsection:
    ``(j) Disclosure of Reportable Foreign Contacts.--
            ``(1) Committee obligation to notify.--Not later than 1 
        week after a reportable foreign contact, each political 
        committee shall notify the Federal Bureau of Investigation and 
        the Commission of the reportable foreign contact and provide a 
        summary of the circumstances with respect to such reportable 
        foreign contact. The Federal Bureau of Investigation, not later 
        than 1 week after receiving a notification from a political 
        committee under this paragraph, shall submit to the political 
        committee, the Permanent Select Committee on Intelligence of 
        the House of Representatives, and the Select Committee on 
        Intelligence of the Senate written or electronic confirmation 
        of receipt of the notification.
            ``(2) Individual obligation to notify.--Not later than 3 
        days after a reportable foreign contact--
                    ``(A) each candidate and each immediate family 
                member of a candidate shall notify the treasurer or 
                other designated official of the principal campaign 
                committee of such candidate of the reportable foreign 
                contact and provide a summary of the circumstances with 
                respect to such reportable foreign contact; and
                    ``(B) each official, employee, or agent of a 
                political committee shall notify the treasurer or other 
                designated official of the committee of the reportable 
                foreign contact and provide a summary of the 
                circumstances with respect to such reportable foreign 
                contact.
            ``(3) Reportable foreign contact.--In this subsection:
                    ``(A) In general.--The term `reportable foreign 
                contact' means any direct or indirect contact or 
                communication that--
                            ``(i) is between--
                                    ``(I) a candidate, an immediate 
                                family member of the candidate, a 
                                political committee, or any official, 
                                employee, or agent of such committee; 
                                and
                                    ``(II) an individual that the 
                                person described in subclause (I) 
                                knows, has reason to know, or 
                                reasonably believes is a covered 
                                foreign national; and
                            ``(ii) the person described in clause 
                        (i)(I) knows, has reason to know, or reasonably 
                        believes involves--
                                    ``(I) an offer or other proposal 
                                for a contribution, donation, 
                                expenditure, disbursement, or 
                                solicitation described in section 319; 
                                or
                                    ``(II) coordination or 
                                collaboration with, an offer or 
                                provision of information or services to 
                                or from, or persistent and repeated 
                                contact with, a covered foreign 
                                national in connection with an 
                                election.
                    ``(B) Exceptions.--
                            ``(i) Contacts in official capacity as 
                        elected official.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by an elected official or an employee of an 
                        elected official solely in an official capacity 
                        as such an official or employee.
                            ``(ii) Contacts for purposes of enabling 
                        observation of elections by international 
                        observers.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by any person which is made for purposes of 
                        enabling the observation of elections in the 
                        United States by a foreign national or the 
                        observation of elections outside of the United 
                        States by a candidate, political committee, or 
                        any official, employee, or agent of such 
                        committee.
                            ``(iii) Exceptions not applicable if 
                        contacts or communications involve prohibited 
                        disbursements.--A contact or communication by 
                        an elected official or an employee of an 
                        elected official shall not be considered to be 
                        made solely in an official capacity for 
                        purposes of clause (i), and a contact or 
                        communication shall not be considered to be 
                        made for purposes of enabling the observation 
                        of elections for purposes of clause (ii), if 
                        the contact or communication involves a 
                        contribution, donation, expenditure, 
                        disbursement, or solicitation described in 
                        section 319.
                    ``(C) Covered foreign national defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `covered foreign national' means--
                                    ``(I) a foreign principal (as 
                                defined in section 1(b) of the Foreign 
                                Agents Registration Act of 1938 (22 
                                U.S.C. 611(b)) that is a government of 
                                a foreign country or a foreign 
                                political party;
                                    ``(II) any person who acts as an 
                                agent, representative, employee, or 
                                servant, or any person who acts in any 
                                other capacity at the order, request, 
                                or under the direction or control, of a 
                                foreign principal described in 
                                subclause (I) or of a person any of 
                                whose activities are directly or 
                                indirectly supervised, directed, 
                                controlled, financed, or subsidized in 
                                whole or in major part by a foreign 
                                principal described in subclause (I); 
                                or
                                    ``(III) any person included in the 
                                list of specially designated nationals 
                                and blocked persons maintained by the 
                                Office of Foreign Assets Control of the 
                                Department of the Treasury pursuant to 
                                authorities relating to the imposition 
                                of sanctions relating to the conduct of 
                                a foreign principal described in 
                                subclause (I).
                            ``(ii) Clarification regarding application 
                        to citizens of the united states.--In the case 
                        of a citizen of the United States, subclause 
                        (II) of clause (i) applies only to the extent 
                        that the person involved acts within the scope 
                        of that person's status as the agent of a 
                        foreign principal described in subclause (I) of 
                        clause (i).
            ``(4) Immediate family member.--In this subsection, the 
        term `immediate family member' means, with respect to a 
        candidate, a parent, parent-in-law, spouse, adult child, or 
        sibling.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reportable foreign contacts which 
        occur on or after the date of the enactment of this Act.
    (b) Information Included on Report.--
            (1) In general.--Section 304(b) of such Act (52 U.S.C. 
        30104(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                    ``(A) the date, time, and location of the contact;
                    ``(B) the date and time of when a designated 
                official of the committee was notified of the contact;
                    ``(C) the identity of individuals involved; and
                    ``(D) a description of the contact, including the 
                nature of any contribution, donation, expenditure, 
                disbursement, or solicitation involved and the nature 
                of any activity described in subsection 
                (j)(3)(A)(ii)(II) involved.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reports filed on or after the 
        expiration of the 60-day period which begins on the date of the 
        enactment of this Act.

SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE 
              SYSTEM.

    (a) In General.--Section 302 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30102) is amended by adding at the end the following 
new subsection:
    ``(j) Reportable Foreign Contacts Compliance Policy.--
            ``(1) Reporting.--Each political committee shall establish 
        a policy that requires all officials, employees, and agents of 
        such committee (and, in the case of an authorized committee, 
        the candidate and each immediate family member of the 
        candidate) to notify the treasurer or other appropriate 
        designated official of the committee of any reportable foreign 
        contact (as defined in section 304(j)) not later than 3 days 
        after such contact was made.
            ``(2) Retention and preservation of records.--Each 
        political committee shall establish a policy that provides for 
        the retention and preservation of records and information 
        related to reportable foreign contacts (as so defined) for a 
        period of not less than 3 years.
            ``(3) Certification.--
                    ``(A) In general.--Upon filing its statement of 
                organization under section 303(a), and with each report 
                filed under section 304(a), the treasurer of each 
                political committee (other than an authorized 
                committee) shall certify that--
                            ``(i) the committee has in place policies 
                        that meet the requirements of paragraphs (1) 
                        and (2);
                            ``(ii) the committee has designated an 
                        official to monitor compliance with such 
                        policies; and
                            ``(iii) not later than 1 week after the 
                        beginning of any formal or informal affiliation 
                        with the committee, all officials, employees, 
                        and agents of such committee will--
                                    ``(I) receive notice of such 
                                policies;
                                    ``(II) be informed of the 
                                prohibitions under section 319; and
                                    ``(III) sign a certification 
                                affirming their understanding of such 
                                policies and prohibitions.
                    ``(B) Authorized committees.--With respect to an 
                authorized committee, the candidate shall make the 
                certification required under subparagraph (A).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to political committees which file a 
        statement of organization under section 303(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after 
        the date of the enactment of this Act.
            (2) Transition rule for existing committees.--Not later 
        than 30 days after the date of the enactment of this Act, each 
        political committee under the Federal Election Campaign Act of 
        1971 shall file a certification with the Federal Election 
        Commission that the committee is in compliance with the 
        requirements of section 302(j) of such Act (as added by 
        subsection (a)).

SEC. 4004. CRIMINAL PENALTIES.

    Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(d)(1)) is amended by adding at the end the following new 
subparagraphs:
    ``(E) Any person who knowingly and willfully commits a violation of 
subsection (j) or (b)(9) of section 304 or section 302(j) shall be 
fined not more than $500,000, imprisoned not more than 5 years, or 
both.
    ``(F) Any person who knowingly and willfully conceals or destroys 
any materials relating to a reportable foreign contact (as defined in 
section 304(j)) shall be fined not more than $1,000,000, imprisoned not 
more than 5 years, or both.''.

SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees a report relating to notifications received by the Federal 
Bureau of Investigation under section 304(j)(1) of the Federal Election 
Campaign Act of 1971 (as added by section 4002(a) of this Act).
    (b) Elements.--Each report under subsection (a) shall include, at a 
minimum, the following with respect to notifications described in 
subsection (a):
            (1) The number of such notifications received from 
        political committees during the year covered by the report.
            (2) A description of protocols and procedures developed by 
        the Federal Bureau of Investigation relating to receipt and 
        maintenance of records relating to such notifications.
            (3) With respect to such notifications received during the 
        year covered by the report, a description of any subsequent 
        actions taken by the Director resulting from the receipt of 
        such notifications.
    (c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' has the 
meaning given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003).

SEC. 4006. RULE OF CONSTRUCTION.

    Nothing in this subtitle or the amendments made by this subtitle 
shall be construed--
            (1) to impede legitimate journalistic activities; or
            (2) to impose any additional limitation on the right to 
        express political views or to participate in public discourse 
        of any individual who--
                    (A) resides in the United States;
                    (B) is not a citizen of the United States or a 
                national of the United States, as defined in section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22)); and
                    (C) is not lawfully admitted for permanent 
                residence, as defined by section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

                        Subtitle B--DISCLOSE Act

SEC. 4100. SHORT TITLE.

    This subtitle may be cited as the ``Democracy Is Strengthened by 
Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE 
Act of 2021''.

  PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN 
              NATIONALS IN ELECTION-RELATED ACTIVITIES.

    (a) Clarification of Prohibition.--Section 319(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a foreign national to direct, dictate, control, or 
        directly or indirectly participate in the decision making 
        process of any person (including a corporation, labor 
        organization, political committee, or political organization) 
        with regard to such person's Federal or non-Federal election-
        related activity, including any decision concerning the making 
        of contributions, donations, expenditures, or disbursements in 
        connection with an election for any Federal, State, or local 
        office or any decision concerning the administration of a 
        political committee.''.
    (b) Certification of Compliance.--Section 319 of such Act (52 
U.S.C. 30121) is amended by adding at the end the following new 
subsection:
    ``(c) Certification of Compliance Required Prior To Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
corporation, labor organization (as defined in section 316(b)), limited 
liability corporation, or partnership during a year, the chief 
executive officer of the corporation, labor organization, limited 
liability corporation, or partnership (or, if the corporation, labor 
organization, limited liability corporation, or partnership does not 
have a chief executive officer, the highest ranking official of the 
corporation, labor organization, limited liability corporation, or 
partnership), shall file a certification with the Commission, under 
penalty of perjury, that a foreign national did not direct, dictate, 
control, or directly or indirectly participate in the decision making 
process relating to such activity in violation of subsection (a)(3), 
unless the chief executive officer has previously filed such a 
certification during that calendar year.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect upon the expiration of the 180-day period which begins on the 
date of the enactment of this Act, and shall take effect without regard 
to whether or not the Federal Election Commission has promulgated 
regulations to carry out such amendments.

SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN 
              DISBURSEMENTS AND ACTIVITIES.

    (a) Application to Disbursements to Super PACs and Other Persons.--
Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by moving such 
        subparagraphs 2 ems to the right;
            (2) by striking ``As used in this section'' and inserting 
        the following: ``Definitions.--For purposes of this section--
            ``(1) Foreign national.--The term''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Contribution and donation.--For purposes of 
        paragraphs (1) and (2) of subsection (a), the term 
        `contribution or donation' includes any disbursement to a 
        political committee which accepts donations or contributions 
        that do not comply with any of the limitations, prohibitions, 
        and reporting requirements of this Act (or any disbursement to 
        or on behalf of any account of a political committee which is 
        established for the purpose of accepting such donations or 
        contributions), or to any other person for the purpose of 
        funding an expenditure, independent expenditure, or 
        electioneering communication (as defined in section 
        304(f)(3)).''.
    (b) Conditions Under Which Corporate PACs May Make Contributions 
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is 
amended by adding at the end the following new paragraph:
    ``(8) A separate segregated fund established by a corporation may 
not make a contribution or expenditure during a year unless the fund 
has certified to the Commission the following during the year:
            ``(A) Each individual who manages the fund, and who is 
        responsible for exercising decisionmaking authority for the 
        fund, is a citizen of the United States or is lawfully admitted 
        for permanent residence in the United States.
            ``(B) No foreign national under section 319 participates in 
        any way in the decisionmaking processes of the fund with regard 
        to contributions or expenditures under this Act.
            ``(C) The fund does not solicit or accept recommendations 
        from any foreign national under section 319 with respect to the 
        contributions or expenditures made by the fund.
            ``(D) Any member of the board of directors of the 
        corporation who is a foreign national under section 319 
        abstains from voting on matters concerning the fund or its 
        activities.''.

SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL 
              ELECTIONS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.), as amended by section 1821, is further 
amended by inserting after section 319A the following new section:

``SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.

    ``(a) Audit.--
            ``(1) In general.--The Commission shall conduct an audit 
        after each Federal election cycle to determine the incidence of 
        illicit foreign money in such Federal election cycle.
            ``(2) Procedures.--In carrying out paragraph (1), the 
        Commission shall conduct random audits of any disbursements 
        required to be reported under this Act, in accordance with 
        procedures established by the Commission.
    ``(b) Report.--Not later than 180 days after the end of each 
Federal election cycle, the Commission shall submit to Congress a 
report containing--
            ``(1) results of the audit required by subsection (a)(1);
            ``(2) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on depressing turnout among rural communities 
        and the success or failure of these efforts, together with 
        recommendations to address these efforts in future elections;
            ``(3) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on depressing turnout among African-American 
        and other minority communities and the success or failure of 
        these efforts, together with recommendations to address these 
        efforts in future elections;
            ``(4) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on influencing military and veteran 
        communities and the success or failure of these efforts, 
        together with recommendations to address these efforts in 
        future elections; and
            ``(5) recommendations to address the presence of illicit 
        foreign money in elections, as appropriate.
    ``(c) Definitions.--As used in this section:
            ``(1) The term `Federal election cycle' means the period 
        which begins on the day after the date of a regularly scheduled 
        general election for Federal office and which ends on the date 
        of the first regularly scheduled general election for Federal 
        office held after such date.
            ``(2) The term `illicit foreign money' means any 
        disbursement by a foreign national (as defined in section 
        319(b)) prohibited under such section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the Federal election cycle that began during 
November 2020, and each succeeding Federal election cycle.

SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) In General.--Section 319(b) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 4102(a), is 
amended by adding at the end the following new paragraph:
            ``(3) Federal, state, or local election.--The term 
        `Federal, State, or local election' includes a State or local 
        ballot initiative or referendum.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2022 or any succeeding year.

SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.

    (a) Disbursements Described.--Section 319(a)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)), as amended by 
section 4101, is amended--
            (1) by striking ``or'' at the end of subparagraph (B); and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) an expenditure;
                    ``(D) an independent expenditure;
                    ``(E) a disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3));
                    ``(F) a disbursement for a communication which is 
                placed or promoted for a fee on a website, web 
                application, or digital application that refers to a 
                clearly identified candidate for election for Federal 
                office and is disseminated within 60 days before a 
                general, special or runoff election for the office 
                sought by the candidate or 30 days before a primary or 
                preference election, or a convention or caucus of a 
                political party that has authority to nominate a 
                candidate for the office sought by the candidate;
                    ``(G) a disbursement for a broadcast, cable or 
                satellite communication, or for a communication which 
                is placed or promoted for a fee on a website, web 
                application, or digital application, that promotes, 
                supports, attacks or opposes the election of a clearly 
                identified candidate for Federal, State, or local 
                office (regardless of whether the communication 
                contains express advocacy or the functional equivalent 
                of express advocacy);
                    ``(H) a disbursement for a broadcast, cable, or 
                satellite communication, or for any communication which 
                is placed or promoted for a fee on an online platform 
                (as defined in section 304(k)(3)), that discusses a 
                national legislative issue of public importance in a 
                year in which a regularly scheduled general election 
                for Federal office is held, but only if the 
                disbursement is made by a covered foreign national 
                described in section 304(j)(3)(C);
                    ``(I) a disbursement by a covered foreign national 
                described in section 304(j)(3)(C) to compensate any 
                person for internet activity that promotes, supports, 
                attacks or opposes the election of a clearly identified 
                candidate for Federal, State, or local office 
                (regardless of whether the activity contains express 
                advocacy or the functional equivalent of express 
                advocacy);
                    ``(J) a disbursement for a Federal judicial 
                nomination communication (as defined in section 
                324(d)(3));''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to disbursements made on or after the date of the 
enactment of this Act.

SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION 
              CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.

    (a) Prohibition.--Chapter 29 of title 18, United States Code, as 
amended by section 1071(a) and section 1941, is amended by adding at 
the end the following:
``Sec. 614. Establishment of corporation to conceal election 
              contributions and donations by foreign nationals
    ``(a) Offense.--It shall be unlawful for an owner, officer, 
attorney, or incorporation agent of a corporation, company, or other 
entity to establish or use the corporation, company, or other entity 
with the intent to conceal an activity of a foreign national (as 
defined in section 319 of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121)) prohibited under such section 319.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
imprisoned for not more than 5 years, fined under this title, or 
both.''.
    (b) Table of Sections.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 1071(b) and section 
1941, is amended by inserting after the item relating to section 612 
the following:

``614. Establishment of corporation to conceal election contributions 
                            and donations by foreign nationals.''.

          PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

    (a) Disclosure Requirements for Corporations, Labor Organizations, 
and Certain Other Entities.--
            (1) In general.--Section 324 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as 
        follows:

``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED 
              ORGANIZATIONS.

    ``(a) Disclosure Statement.--
            ``(1) In general.--Any covered organization that makes 
        campaign-related disbursements aggregating more than $10,000 in 
        an election reporting cycle shall, not later than 24 hours 
        after each disclosure date, file a statement with the 
        Commission made under penalty of perjury that contains the 
        information described in paragraph (2)--
                    ``(A) in the case of the first statement filed 
                under this subsection, for the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the first 
                such disclosure date) and ending on the first such 
                disclosure date; and
                    ``(B) in the case of any subsequent statement filed 
                under this subsection, for the period beginning on the 
                previous disclosure date and ending on such disclosure 
                date.
            ``(2) Information described.--The information described in 
        this paragraph is as follows:
                    ``(A) The name of the covered organization and the 
                principal place of business of such organization and, 
                in the case of a covered organization that is a 
                corporation (other than a business concern that is an 
                issuer of a class of securities registered under 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l) or that is required to file reports under 
                section 15(d) of that Act (15 U.S.C. 78o(d))) or an 
                entity described in subsection (e)(2), a list of the 
                beneficial owners (as defined in paragraph (4)(A)) of 
                the entity that--
                            ``(i) identifies each beneficial owner by 
                        name and current residential or business street 
                        address; and
                            ``(ii) if any beneficial owner exercises 
                        control over the entity through another legal 
                        entity, such as a corporation, partnership, 
                        limited liability company, or trust, identifies 
                        each such other legal entity and each such 
                        beneficial owner who will use that other entity 
                        to exercise control over the entity.
                    ``(B) The amount of each campaign-related 
                disbursement made by such organization during the 
                period covered by the statement of more than $1,000, 
                and the name and address of the person to whom the 
                disbursement was made.
                    ``(C) In the case of a campaign-related 
                disbursement that is not a covered transfer, the 
                election to which the campaign-related disbursement 
                pertains and if the disbursement is made for a public 
                communication, the name of any candidate identified in 
                such communication and whether such communication is in 
                support of or in opposition to a candidate.
                    ``(D) A certification by the chief executive 
                officer or person who is the head of the covered 
                organization that the campaign-related disbursement is 
                not made in cooperation, consultation, or concert with 
                or at the request or suggestion of a candidate, 
                authorized committee, or agent of a candidate, 
                political party, or agent of a political party.
                    ``(E)(i) If the covered organization makes 
                campaign-related disbursements using exclusively funds 
                in a segregated bank account consisting of funds that 
                were paid directly to such account by persons other 
                than the covered organization that controls the 
                account, for each such payment to the account--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the account in an aggregate amount of 
                $10,000 or more during the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2022, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2022.
                    ``(F)(i) If the covered organization makes 
                campaign-related disbursements using funds other than 
                funds in a segregated bank account described in 
                subparagraph (E), for each payment to the covered 
                organization--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the covered organization in an aggregate 
                amount of $10,000 or more during the period beginning 
                on the first day of the election reporting cycle (or, 
                if earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2022, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2022.
                    ``(G) Such other information as required in rules 
                established by the Commission to promote the purposes 
                of this section.
            ``(3) Exceptions.--
                    ``(A) Amounts received in ordinary course of 
                business.--The requirement to include in a statement 
                filed under paragraph (1) the information described in 
                paragraph (2) shall not apply to amounts received by 
                the covered organization in commercial transactions in 
                the ordinary course of any trade or business conducted 
                by the covered organization or in the form of 
                investments (other than investments by the principal 
                shareholder in a limited liability corporation) in the 
                covered organization. For purposes of this 
                subparagraph, amounts received by a covered 
                organization as remittances from an employee to the 
                employee's collective bargaining representative shall 
                be treated as amounts received in commercial 
                transactions in the ordinary course of the business 
                conducted by the covered organization.
                    ``(B) Donor restriction on use of funds.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply if--
                            ``(i) the person described in such 
                        subparagraph prohibited, in writing, the use of 
                        the payment made by such person for campaign-
                        related disbursements; and
                            ``(ii) the covered organization agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
                    ``(C) Threat of harassment or reprisal.--The 
                requirement to include any information relating to the 
                name or address of any person (other than a candidate) 
                in a statement submitted under paragraph (1) shall not 
                apply if the inclusion of the information would subject 
                the person to serious threats, harassment, or 
                reprisals.
            ``(4) Other definitions.--For purposes of this section:
                    ``(A) Beneficial owner defined.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `beneficial owner' means, 
                        with respect to any entity, a natural person 
                        who, directly or indirectly--
                                    ``(I) exercises substantial control 
                                over an entity through ownership, 
                                voting rights, agreement, or otherwise; 
                                or
                                    ``(II) has a substantial interest 
                                in or receives substantial economic 
                                benefits from the assets of an entity.
                            ``(ii) Exceptions.--The term `beneficial 
                        owner' shall not include--
                                    ``(I) a minor child;
                                    ``(II) a person acting as a 
                                nominee, intermediary, custodian, or 
                                agent on behalf of another person;
                                    ``(III) a person acting solely as 
                                an employee of an entity and whose 
                                control over or economic benefits from 
                                the entity derives solely from the 
                                employment status of the person;
                                    ``(IV) a person whose only interest 
                                in an entity is through a right of 
                                inheritance, unless the person also 
                                meets the requirements of clause (i); 
                                or
                                    ``(V) a creditor of an entity, 
                                unless the creditor also meets the 
                                requirements of clause (i).
                            ``(iii) Anti-abuse rule.--The exceptions 
                        under clause (ii) shall not apply if used for 
                        the purpose of evading, circumventing, or 
                        abusing the provisions of clause (i) or 
                        paragraph (2)(A).
                    ``(B) Disclosure date.--The term `disclosure date' 
                means--
                            ``(i) the first date during any election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000; and
                            ``(ii) any other date during such election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000 since the most recent disclosure 
                        date for such election reporting cycle.
                    ``(C) Election reporting cycle.--The term `election 
                reporting cycle' means the 2-year period beginning on 
                the date of the most recent general election for 
                Federal office, except that in the case of a campaign-
                related disbursement for a Federal judicial nomination 
                communication, such term means any calendar year in 
                which the campaign-related disbursement is made.
                    ``(D) Payment.--The term `payment' includes any 
                contribution, donation, transfer, payment of dues, or 
                other payment.
    ``(b) Coordination With Other Provisions.--
            ``(1) Other reports filed with the commission.--Information 
        included in a statement filed under this section may be 
        excluded from statements and reports filed under section 304.
            ``(2) Treatment as separate segregated fund.--A segregated 
        bank account referred to in subsection (a)(2)(E) may be treated 
        as a separate segregated fund for purposes of section 527(f)(3) 
        of the Internal Revenue Code of 1986.
    ``(c) Filing.--Statements required to be filed under subsection (a) 
shall be subject to the requirements of section 304(d) to the same 
extent and in the same manner as if such reports had been required 
under subsection (c) or (g) of section 304.
    ``(d) Campaign-Related Disbursement Defined.--
            ``(1) In general.--In this section, the term `campaign-
        related disbursement' means a disbursement by a covered 
        organization for any of the following:
                    ``(A) An independent expenditure which expressly 
                advocates the election or defeat of a clearly 
                identified candidate for election for Federal office, 
                or is the functional equivalent of express advocacy 
                because, when taken as a whole, it can be interpreted 
                by a reasonable person only as advocating the election 
                or defeat of a candidate for election for Federal 
                office.
                    ``(B) An applicable public communication.
                    ``(C) An electioneering communication, as defined 
                in section 304(f)(3).
                    ``(D) A Federal judicial nomination communication.
                    ``(E) A covered transfer.
            ``(2) Applicable public communications.--
                    ``(A) In general.--The term `applicable public 
                communication' means any public communication that 
                refers to a clearly identified candidate for election 
                for Federal office and which promotes or supports the 
                election of a candidate for that office, or attacks or 
                opposes the election of a candidate for that office, 
                without regard to whether the communication expressly 
                advocates a vote for or against a candidate for that 
                office.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.
            ``(3) Federal judicial nomination communication.--
                    ``(A) In general.--The term `Federal judicial 
                nomination communication' means any communication--
                            ``(i) that is by means of any broadcast, 
                        cable, or satellite, paid internet, or paid 
                        digital communication, paid promotion, 
                        newspaper, magazine, outdoor advertising 
                        facility, mass mailing, telephone bank, 
                        telephone messaging effort of more than 500 
                        substantially similar calls or electronic 
                        messages within a 30-day period, or any other 
                        form of general public political advertising; 
                        and
                            ``(ii) which promotes, supports, attacks, 
                        or opposes the nomination or Senate 
                        confirmation of an individual as a Federal 
                        judge or justice.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.
            ``(4) Intent not required.--A disbursement for an item 
        described in subparagraph (A), (B), (C), (D), or (E) of 
        paragraph (1) shall be treated as a campaign-related 
        disbursement regardless of the intent of the person making the 
        disbursement.
    ``(e) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) A corporation (other than an organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986).
            ``(2) A limited liability corporation that is not otherwise 
        treated as a corporation for purposes of this Act (other than 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986).
            ``(3) An organization described in section 501(c) of such 
        Code and exempt from taxation under section 501(a) of such Code 
        (other than an organization described in section 501(c)(3) of 
        such Code).
            ``(4) A labor organization (as defined in section 316(b)).
            ``(5) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act (except as provided in paragraph (6)).
            ``(6) A political committee with an account that accepts 
        donations or contributions that do not comply with the 
        contribution limits or source prohibitions under this Act, but 
        only with respect to such accounts.
    ``(f) Covered Transfer Defined.--
            ``(1) In general.--In this section, the term `covered 
        transfer' means any transfer or payment of funds by a covered 
        organization to another person if the covered organization--
                    ``(A) designates, requests, or suggests that the 
                amounts be used for--
                            ``(i) campaign-related disbursements (other 
                        than covered transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(B) made such transfer or payment in response to 
                a solicitation or other request for a donation or 
                payment for--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(C) engaged in discussions with the recipient of 
                the transfer or payment regarding--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) donating or transferring any amount 
                        of such transfer or payment to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(D) made campaign-related disbursements (other 
                than a covered transfer) in an aggregate amount of 
                $50,000 or more during the 2-year period ending on the 
                date of the transfer or payment, or knew or had reason 
                to know that the person receiving the transfer or 
                payment made such disbursements in such an aggregate 
                amount during that 2-year period; or
                    ``(E) knew or had reason to know that the person 
                receiving the transfer or payment would make campaign-
                related disbursements in an aggregate amount of $50,000 
                or more during the 2-year period beginning on the date 
                of the transfer or payment.
            ``(2) Exclusions.--The term `covered transfer' does not 
        include any of the following:
                    ``(A) A disbursement made by a covered organization 
                in a commercial transaction in the ordinary course of 
                any trade or business conducted by the covered 
                organization or in the form of investments made by the 
                covered organization.
                    ``(B) A disbursement made by a covered organization 
                if--
                            ``(i) the covered organization prohibited, 
                        in writing, the use of such disbursement for 
                        campaign-related disbursements; and
                            ``(ii) the recipient of the disbursement 
                        agreed to follow the prohibition and deposited 
                        the disbursement in an account which is 
                        segregated from any account used to make 
                        campaign-related disbursements.
            ``(3) Special rule regarding transfers among affiliates.--
                    ``(A) Special rule.--A transfer of an amount by one 
                covered organization to another covered organization 
                which is treated as a transfer between affiliates under 
                subparagraph (C) shall be considered a covered transfer 
                by the covered organization which transfers the amount 
                only if the aggregate amount transferred during the 
                year by such covered organization to that same covered 
                organization is equal to or greater than $50,000.
                    ``(B) Determination of amount of certain payments 
                among affiliates.--In determining the amount of a 
                transfer between affiliates for purposes of 
                subparagraph (A), to the extent that the transfer 
                consists of funds attributable to dues, fees, or 
                assessments which are paid by individuals on a regular, 
                periodic basis in accordance with a per-individual 
                calculation which is made on a regular basis, the 
                transfer shall be attributed to the individuals paying 
                the dues, fees, or assessments and shall not be 
                attributed to the covered organization.
                    ``(C) Description of transfers between 
                affiliates.--A transfer of amounts from one covered 
                organization to another covered organization shall be 
                treated as a transfer between affiliates if--
                            ``(i) one of the organizations is an 
                        affiliate of the other organization; or
                            ``(ii) each of the organizations is an 
                        affiliate of the same organization,
                except that the transfer shall not be treated as a 
                transfer between affiliates if one of the organizations 
                is established for the purpose of making campaign-
                related disbursements.
                    ``(D) Determination of affiliate status.--For 
                purposes of subparagraph (C), a covered organization is 
                an affiliate of another covered organization if--
                            ``(i) the governing instrument of the 
                        organization requires it to be bound by 
                        decisions of the other organization;
                            ``(ii) the governing board of the 
                        organization includes persons who are 
                        specifically designated representatives of the 
                        other organization or are members of the 
                        governing board, officers, or paid executive 
                        staff members of the other organization, or 
                        whose service on the governing board is 
                        contingent upon the approval of the other 
                        organization; or
                            ``(iii) the organization is chartered by 
                        the other organization.
                    ``(E) Coverage of transfers to affiliated section 
                501(c)(3) organizations.--This paragraph shall apply 
                with respect to an amount transferred by a covered 
                organization to an organization described in paragraph 
                (3) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code in the same manner as this paragraph applies to an 
                amount transferred by a covered organization to another 
                covered organization.
    ``(g) No Effect on Other Reporting Requirements.--Nothing in this 
section shall be construed to waive or otherwise affect any other 
requirement of this Act which relates to the reporting of campaign-
related disbursements.''.
            (2) Conforming amendment.--Section 304(f)(6) of such Act 
        (52 U.S.C. 30104) is amended by striking ``Any requirement'' 
        and inserting ``Except as provided in section 324(b), any 
        requirement''.
    (b) Coordination With FinCEN.--
            (1) In general.--The Director of the Financial Crimes 
        Enforcement Network of the Department of the Treasury shall 
        provide the Federal Election Commission with such information 
        as necessary to assist in administering and enforcing section 
        324 of the Federal Election Campaign Act of 1971, as amended by 
        this section.
            (2) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Chairman of the Federal Election 
        Commission, in consultation with the Director of the Financial 
        Crimes Enforcement Network of the Department of the Treasury, 
        shall submit to Congress a report with recommendations for 
        providing further legislative authority to assist in the 
        administration and enforcement of such section 324.

SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR 
              CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED 
              TRANSFERS.

    Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended--
            (1) by striking ``includes any disbursement'' and inserting 
        ``includes--
                    ``(A) any disbursement'';
            (2) by striking the period at the end and inserting ``; 
        and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(B) any disbursement, other than a disbursement 
                described in section 324(a)(3)(A), to another person 
                who made a campaign-related disbursement consisting of 
                a covered transfer (as described in section 324) during 
                the 2-year period ending on the date of the 
                disbursement.''.

SEC. 4113. EFFECTIVE DATE.

    The amendments made by this part shall apply with respect to 
disbursements made on or after January 1, 2022, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

                  PART 3--OTHER ADMINISTRATIVE REFORMS

SEC. 4121. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.

    (a) In General.--Title IV of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 
406 the following new section:

``SEC. 407. JUDICIAL REVIEW.

    ``(a) In General.--If any action is brought for declaratory or 
injunctive relief to challenge, whether facially or as-applied, the 
constitutionality or lawfulness of any provision of this Act or of 
chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to 
with respect to any action of the Commission under chapter 95 or 96 of 
the Internal Revenue Code of 1986, the following rules shall apply:
            ``(1) The action shall be filed in the United States 
        District Court for the District of Columbia and an appeal from 
        the decision of the district court may be taken to the Court of 
        Appeals for the District of Columbia Circuit.
            ``(2) In the case of an action relating to declaratory or 
        injunctive relief to challenge the constitutionality of a 
        provision, the party filing the action shall concurrently 
        deliver a copy of the complaint to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            ``(3) It shall be the duty of the United States District 
        Court for the District of Columbia and the Court of Appeals for 
        the District of Columbia Circuit to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    ``(b) Clarifying Scope of Jurisdiction.--If an action at the time 
of its commencement is not subject to subsection (a), but an amendment, 
counterclaim, cross-claim, affirmative defense, or any other pleading 
or motion is filed challenging, whether facially or as-applied, the 
constitutionality or lawfulness of this Act or of chapter 95 or 96 of 
the Internal Revenue Code of 1986, or is brought to with respect to any 
action of the Commission under chapter 95 or 96 of the Internal Revenue 
Code of 1986, the district court shall transfer the action to the 
District Court for the District of Columbia, and the action shall 
thereafter be conducted pursuant to subsection (a).
    ``(c) Intervention by Members of Congress.--In any action described 
in subsection (a) relating to declaratory or injunctive relief to 
challenge the constitutionality of a provision, any Member of the House 
of Representatives (including a Delegate or Resident Commissioner to 
the Congress) or Senate shall have the right to intervene either in 
support of or opposition to the position of a party to the case 
regarding the constitutionality of the provision. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require interveners taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    ``(d) Challenge by Members of Congress.--Any Member of Congress may 
bring an action, subject to the special rules described in subsection 
(a), for declaratory or injunctive relief to challenge, whether 
facially or as-applied, the constitutionality of any provision of this 
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--
            (1) Section 9011 of the Internal Revenue Code of 1986 is 
        amended to read as follows:

``SEC. 9011. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of certifications, 
determinations, and actions by the Commission under this chapter, see 
section 407 of the Federal Election Campaign Act of 1971.''.
            (2) Section 9041 of the Internal Revenue Code of 1986 is 
        amended to read as follows:

``SEC. 9041. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of actions by the 
Commission under this chapter, see section 407 of the Federal Election 
Campaign Act of 1971.''.
            (3) Section 310 of the Federal Election Campaign Act of 
        1971 (52 U.S.C. 30110) is repealed.
            (4) Section 403 of the Bipartisan Campaign Reform Act of 
        2002 (52 U.S.C. 30110 note) is repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply to actions brought on or after January 1, 2021.

                         Subtitle C--Honest Ads

SEC. 4201. SHORT TITLE.

    This subtitle may be cited as the ``Honest Ads Act''.

SEC. 4202. PURPOSE.

    The purpose of this subtitle 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. 4203. FINDINGS.

    Congress makes the following findings:
            (1) In 2002, the Bipartisan Campaign Reform Act of 2002 
        (Public Law 107-155) became law, establishing disclosure 
        requirements for political advertisements distributed from a 
        television or radio broadcast station or provider of cable or 
        satellite television. In 2003, the Supreme Court upheld 
        regulations on electioneering communications established under 
        the Act, noting that such requirements ``provide the electorate 
        with information and insure that the voters are fully informed 
        about the person or group who is speaking.'' The Court 
        reaffirmed this conclusion in 2010 by an 8-1 vote.
            (2) In its 2006 rulemaking, the Federal Election 
        Commission, the independent Federal agency charged with 
        protecting the integrity of the Federal campaign finance 
        process, noted that 18 percent of all Americans cited the 
        internet as their leading source of news about the 2004 
        Presidential election. By contrast, Gallup and the Knight 
        Foundation found in 2020 that the majority of Americans, 58 
        percent, got most of their news about elections online.
            (3) According to a study from Borrell Associates, in 2016, 
        $1,415,000,000 was spent on online advertising, more than 
        quadruple the amount in 2012.
            (4) The reach of a few large internet platforms--larger 
        than any broadcast, satellite, or cable provider--has greatly 
        facilitated the scope and effectiveness of disinformation 
        campaigns. For instance, the largest platform has over 
        210,000,000 American users--over 160,000,000 of them on a daily 
        basis. By contrast, the largest cable television provider has 
        22,430,000 subscribers, while the largest satellite television 
        provider has 21,000,000 subscribers. And the most-watched 
        television broadcast in United States history had 118,000,000 
        viewers.
            (5) The public nature of broadcast television, radio, and 
        satellite ensures a level of publicity for any political 
        advertisement. These communications are accessible to the 
        press, fact-checkers, and political opponents. This creates 
        strong disincentives for a candidate to disseminate materially 
        false, inflammatory, or contradictory messages to the public. 
        Social media platforms, in contrast, can target portions of the 
        electorate with direct, ephemeral advertisements often on the 
        basis of private information the platform has on individuals, 
        enabling political advertisements that are contradictory, 
        racially or socially inflammatory, or materially false.
            (6) According to comscore, 2 companies own 8 of the 10 most 
        popular smart phone applications as of June 2017, including the 
        most popular social media and email services which deliver 
        information and news to users without requiring proactivity by 
        the user. Those same 2 companies accounted for 99 percent of 
        revenue growth from digital advertising in 2016, including 77 
        percent of gross spending. 79 percent of online Americans--
        representing 68 percent of all Americans--use the single 
        largest social network, while 66 percent of these users are 
        most likely to get their news from that site.
            (7) Large social media platforms are the only entities in 
        possession of certain key data related to paid online ads, 
        including the exact audience targeted by those ads and their 
        number of impressions. Such information, which cannot be 
        reliably disclosed by the purchasers of ads, is extremely 
        useful for informing the electorate, guarding against 
        corruption, and aiding in the enforcement of existing campaign 
        finance regulations.
            (8) Paid advertisements on social media platforms have 
        served as critical tools for foreign online influence 
        campaigns--even those that rely on large amounts of unpaid 
        content--because such ads allow foreign actors to test the 
        effectiveness of different messages, expose their messages to 
        audiences who have not sought out such content, and recruit 
        audiences for future campaigns and posts.
            (9) In testimony before the Senate Select Committee on 
        Intelligence titled, ``Disinformation: A Primer in Russian 
        Active Measures and Influence Campaigns'', multiple expert 
        witnesses testified that while the disinformation tactics of 
        foreign adversaries have not necessarily changed, social media 
        services now provide ``platform[s] practically purpose-built 
        for active measures[.]'' Similarly, as Gen. Keith B. Alexander 
        (RET.), the former Director of the National Security Agency, 
        testified, during the Cold War ``if the Soviet Union sought to 
        manipulate information flow, it would have to do so principally 
        through its own propaganda outlets or through active measures 
        that would generate specific news: planting of leaflets, 
        inciting of violence, creation of other false materials and 
        narratives. But the news itself was hard to manipulate because 
        it would have required actual control of the organs of media, 
        which took long-term efforts to penetrate. Today, however, 
        because the clear majority of the information on social media 
        sites is uncurated and there is a rapid proliferation of 
        information sources and other sites that can reinforce 
        information, there is an increasing likelihood that the 
        information available to average consumers may be inaccurate 
        (whether intentionally or otherwise) and may be more easily 
        manipulable than in prior eras.''.
            (10) On November 24, 2016, The Washington Post reported 
        findings from 2 teams of independent researchers that concluded 
        Russians ``exploited American-made technology platforms to 
        attack U.S. democracy at a particularly vulnerable moment *** 
        as part of a broadly effective strategy of sowing distrust in 
        U.S. democracy and its leaders.''.
            (11) On January 6, 2017, the Office of the Director of 
        National Intelligence published a report titled ``Assessing 
        Russian Activities and Intentions in Recent U.S. Elections'', 
        noting that ``Russian President Vladimir Putin ordered an 
        influence campaign in 2016 aimed at the US presidential 
        election * * *''. Moscow's influence campaign followed a 
        Russian messaging strategy that blends covert intelligence 
        operation--such as cyber activity--with overt efforts by 
        Russian Government agencies, state-funded media, third-party 
        intermediaries, and paid social media users or ``trolls''.
            (12) On September 6, 2017, the nation's largest social 
        media platform disclosed that between June 2015 and May 2017, 
        Russian entities purchased $100,000 in political 
        advertisements, publishing roughly 3,000 ads linked to fake 
        accounts associated with the Internet Research Agency, a pro-
        Kremlin organization. According to the company, the ads 
        purchased focused ``on amplifying divisive social and political 
        messages ***''.
            (13) Findings from a 2017 study on the manipulation of 
        public opinion through social media conducted by the 
        Computational Propaganda Research Project at the Oxford 
        Internet Institute found that the Kremlin is using pro-Russian 
        bots to manipulate public discourse to a highly targeted 
        audience. With a sample of nearly 1,300,000 tweets, researchers 
        found that in the 2016 election's 3 decisive States, propaganda 
        constituted 40 percent of the sampled election-related tweets 
        that went to Pennsylvanians, 34 percent to Michigan voters, and 
        30 percent to those in Wisconsin. In other swing States, the 
        figure reached 42 percent in Missouri, 41 percent in Florida, 
        40 percent in North Carolina, 38 percent in Colorado, and 35 
        percent in Ohio.
            (14) 2018 reporting by the Washington Post estimated that 
        paid Russian ads received more than 37,000,000 impressions in 
        2016 and 2017.
            (15) A 2019 Senate Select Committee on Intelligence's 
        Report on Russian Active Measures Campaigns and Interference in 
        the 2016 U.S. Election Volume 2: Russia's Use of Social Media 
        with Additional Views, the Committee recommended ``that 
        Congress examine legislative approaches to ensuring Americans 
        know the sources of online political advertisements. The 
        Federal Election Campaign Act of 1971 requires political 
        advertisements on television, radio and satellite to disclose 
        the sponsor of the advertisement. The same requirements should 
        apply online. This will also help to ensure that the IRA or any 
        similarly situated actors cannot use paid advertisements for 
        purposes of foreign interference.''.
            (16) A 2020 study by researchers at New York University 
        found undisclosed political advertisement purchases on a large 
        social media platform by a Chinese state media company in 
        violation of that platform's supposed prohibitions on foreign 
        spending on ads of social, national, or electoral importance.
            (17) The same study also found that ``there are persistent 
        issues with advertisers failing to disclose political ads'' and 
        that in one social media platform's political ad archive, 
        68,879 pages (54.6 percent of pages with political ads included 
        in the archive) never provided a disclosure. Overall, there 
        were 357,099 ads run on that platforms without a disclosure, 
        accounting for at least $37,000,000 in spending on political 
        ads.
            (18) A 2020 report by the bipartisan and bicameral U.S. 
        Cyberspace Solarium Commission found that ``Although foreign 
        nationals are banned from contributing to U.S. political 
        campaigns, they are still allowed to purchase U.S. political 
        advertisements online, making the internet a fertile 
        environment for conducting a malign influence campaign to 
        undermine American elections.'' The Commission concluded that 
        Russian interference in the 2016 election was and still is 
        possible, ``because the FECA, which establishes rules for 
        transparency in television, radio, and print media political 
        advertising, has not been amended to extend the same political 
        advertising requirements to internet platforms,'' and that 
        ``[a]pplying these standards across all media of communication 
        would, among other things, increase transparency of funding for 
        political advertisements, which would in turn strengthen 
        regulators' ability to reduce improper foreign influence in our 
        elections.''
            (19) On March 16, 2021, the Office of the Director of 
        National Intelligence released the declassified Intelligence 
        Community assessment of foreign threats to the 2020 U.S. 
        Federal elections. The declassified report found: ``Throughout 
        the election cycle, Russia's online influence actors sought to 
        affect U.S. public perceptions of the candidates, as well as 
        advance Moscow's longstanding goals of undermining confidence 
        in US election processes and increasing sociopolitical 
        divisions among the American people.'' The report also 
        determined that Iran sought to influence the election by 
        ``creating and amplifying social media content that criticized 
        [candidates].''
            (20) According to a Wall Street Journal report in April 
        2021, voluntary ad libraries operated by major platforms rely 
        on foreign governments to self-report political ad purchases. 
        These ad-buys, including those diminishing major human rights 
        violations like the Uighur genocide, are under-reported by 
        foreign government purchasers, with no substantial oversight or 
        repercussions from the platforms.
            (21) Multiple reports have indicated that online ads have 
        become a key vector for strategic influence by the People's 
        Republic of China. An April 2021 Wall Street Journal report 
        noted that the Chinese government and Chinese state-owned 
        enterprises are major purchasers of ads on the U.S.'s largest 
        social media platform, including to advance Chinese propaganda.
            (22) Large online platforms have made changes to their 
        policies intended to make it harder for foreign actors to 
        purchase political ads. However, these private actions have not 
        been taken by all platforms, have not been reliably enforced, 
        and are subject to immediate change at the discretion of the 
        platforms.
            (23) The Federal Election Commission has failed to take 
        action to address online political advertisements and current 
        regulations on political advertisements do not provide 
        sufficient transparency to uphold the public's right to be 
        fully informed about political advertisements made online.

SEC. 4204. 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, be they 
        foreign or domestic, 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. 4205. 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''.
    (d) Regulation.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations on what constitutes a paid internet or paid digital 
communication for purposes of paragraph (22) of section 301 of the 
Federal Election Campaign Act of 1971(52 U.S.C. 30101(22)), as amended 
by subsection (a), except that such regulation shall not define a paid 
internet or paid digital communication to include communications for 
which the only payment consists of internal resources, such as employee 
compensation, of the entity paying for the communication.

SEC. 4206. 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. 4207. 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. 4208. 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 4002, is amended by 
adding at the end the following new subsection:
    ``(k) Disclosure of Certain Online Advertisements.--
            ``(1) In general.--
                    ``(A) Requirements for online platforms.--
                            ``(i) In general.--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.
                            ``(ii) Requirement relating to political 
                        ads sold by third party advertising vendors.--
                        An online platform that displays a qualified 
                        political advertisement sold by a third party 
                        advertising vendor as defined in (3)(C), shall 
                        include on its own platform an easily 
                        accessible and identifiable link to the records 
                        maintained by the third-party advertising 
                        vendor under clause (i) regarding such 
                        qualified political advertisement.
                    ``(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.
            ``(3) Online platform.--
                    ``(A) In general.--For purposes of this subsection, 
                subject to subparagraph (B), the term `online platform' 
                means any public-facing website, web application, or 
                digital application (including a social network, ad 
                network, or search engine) which--
                            ``(i)(I) sells qualified political 
                        advertisements; and
                            ``(II) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months; or
                            ``(ii) is a third-party advertising vendor 
                        that has 50,000,000 or more unique monthly 
                        United States visitors in the aggregate on any 
                        advertisement space that it has sold or bought 
                        for a majority of months during the preceding 
                        12 months, as measured by an independent 
                        digital ratings service accredited by the Media 
                        Ratings Council (or its successor).
                    ``(B) Exemption.--Such term shall not include any 
                online platform that is a distribution facility of any 
                broadcasting station or newspaper, magazine, blog, 
                publication, or periodical.
                    ``(C) Third-party advertising vendor defined.--For 
                purposes of this subsection, the term `third-party 
                advertising vendor' includes, but is not limited to, 
                any third-party advertising vendor network, advertising 
                agency, advertiser, or third-party advertisement 
                serving company that buys and sells advertisement space 
                on behalf of unaffiliated third-party websites, search 
                engines, digital applications, or social media sites.
            ``(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) Special rule.--For purposes of this subsection, 
        multiple versions of an advertisement that contain no material 
        differences (such as versions that differ only because they 
        contain a recipient's name, or differ only in size, color, 
        font, or layout) may be treated as a single qualified political 
        advertisement.
            ``(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(j) 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; and
            (2) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date.
    (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. 4209. 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 4101(b), 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) In general.--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.
            ``(2) Regulations.-- Not later than 1 year after the date 
        of the enactment of this subsection, the Commission shall 
        promulgate regulations on what constitutes reasonable efforts 
        under paragraph (1).''.

SEC. 4210. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING 
              SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE 
              NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE 
              SHARED.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by section 4002 and section 
4208(a), is amended by adding at the end the following new subsection:
    ``(l) Ensuring Display and Sharing of Sponsor Identification in 
Online Political Advertisements.--
            ``(1) Requirement.--An online platform displaying a 
        qualified political advertisement shall--
                    ``(A) display with the advertisement a visible 
                notice identifying the sponsor of the advertisement 
                (or, if it is not practical for the platform to display 
                such a notice, a notice that the advertisement is 
                sponsored by a person other than the platform); and
                    ``(B) ensure that the notice will continue to be 
                displayed if a viewer of the advertisement shares the 
                advertisement with others on that platform.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `online platform' has the meaning 
                given such term in subsection (k)(3); and
                    ``(B) the term ``qualified political advertisement' 
                has the meaning given such term in subsection 
                (k)(4).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to advertisements displayed on or after the 120-day 
period which begins on the date of the enactment of this Act.

                     Subtitle D--Stand By Every Ad

SEC. 4301. SHORT TITLE.

    This subtitle may be cited as the ``Stand By Every Ad Act''.

SEC. 4302. STAND BY EVERY AD.

    (a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120), as amended by section 4207(b)(1), is further amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Expanded Disclaimer Requirements for Communications Not 
Authorized by Candidates or Committees.--
            ``(1) In general.--Except as provided in paragraph (6), any 
        communication described in paragraph (3) of subsection (a) 
        which is transmitted in an audio or video format (including an 
        internet or digital communication), or which is an internet or 
        digital communication transmitted in a text or graphic format, 
        shall include, in addition to the requirements of paragraph (3) 
        of subsection (a), the following:
                    ``(A) The individual disclosure statement described 
                in paragraph (2)(A) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in paragraph (2)(B) (if 
                the person paying for the communication is not an 
                individual).
                    ``(B) If the communication is transmitted in a 
                video format, or is an internet or digital 
                communication which is transmitted in a text or graphic 
                format, and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324--
                            ``(i) the Top Five Funders list (if 
                        applicable); or
                            ``(ii) in the case of a communication 
                        which, as determined on the basis of criteria 
                        established in regulations issued by the 
                        Commission, is of such short duration that 
                        including the Top Five Funders list in the 
                        communication would constitute a hardship to 
                        the person paying for the communication by 
                        requiring a disproportionate amount of the 
                        content of the communication to consist of the 
                        Top Five Funders list, the name of a website 
                        which contains the Top Five Funders list (if 
                        applicable) or, in the case of an internet or 
                        digital communication, a hyperlink to such 
                        website.
                    ``(C) If the communication is transmitted in an 
                audio format and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324--
                            ``(i) the Top Two Funders list (if 
                        applicable); or
                            ``(ii) in the case of a communication 
                        which, as determined on the basis of criteria 
                        established in regulations issued by the 
                        Commission, is of such short duration that 
                        including the Top Two Funders list in the 
                        communication would constitute a hardship to 
                        the person paying for the communication by 
                        requiring a disproportionate amount of the 
                        content of the communication to consist of the 
                        Top Two Funders list, the name of a website 
                        which contains the Top Two Funders list (if 
                        applicable).
            ``(2) Disclosure statements described.--
                    ``(A) Individual disclosure statements.--The 
                individual disclosure statement described in this 
                subparagraph is the following: `I am ________, and I 
                approve this message.', with the blank filled in with 
                the name of the applicable individual.
                    ``(B) Organizational disclosure statements.--The 
                organizational disclosure statement described in this 
                subparagraph is the following: `I am ________, the 
                ________ of ________, and ________ approves this 
                message.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third and fourth blank each to 
                        be filled in with the name of the organization 
                        or other person paying for the communication.
            ``(3) Method of conveyance of statement.--
                    ``(A) Communications in text or graphic format.--In 
                the case of a communication to which this subsection 
                applies which is transmitted in a text or graphic 
                format, the disclosure statements required under 
                paragraph (1) shall appear in letters at least as large 
                as the majority of the text in the communication.
                    ``(B) Communications transmitted in audio format.--
                In the case of a communication to which this subsection 
                applies which is transmitted in an audio format, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clear and conspicuous manner.
                    ``(C) Communications transmitted in video format.--
                In the case of a communication to which this subsection 
                applies which is transmitted in a video format, the 
                information required under paragraph (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication or in a crawl along the 
                        bottom of the communication in a clear and 
                        conspicuous manner, with a reasonable degree of 
                        color contrast between the background and the 
                        printed statement, for a period of at least 6 
                        seconds; and
                            ``(ii) shall also be conveyed by an 
                        unobscured, full-screen view of the applicable 
                        individual or by the applicable individual 
                        making the statement in voice-over accompanied 
                        by a clearly identifiable photograph or similar 
                        image of the individual, except in the case of 
                        a Top Five Funders list.
            ``(4) Applicable individual defined.--The term `applicable 
        individual' means, with respect to a communication to which 
        this subsection applies--
                    ``(A) if the communication is paid for by an 
                individual, the individual involved;
                    ``(B) if the communication is paid for by a 
                corporation, the chief executive officer of the 
                corporation (or, if the corporation does not have a 
                chief executive officer, the highest ranking official 
                of the corporation);
                    ``(C) if the communication is paid for by a labor 
                organization, the highest ranking officer of the labor 
                organization; and
                    ``(D) if the communication is paid for by any other 
                person, the highest ranking official of such person.
            ``(5) Top five funders list and top two funders list 
        defined.--
                    ``(A) Top five funders list.--The term `Top Five 
                Funders list' means, with respect to a communication 
                which is paid for in whole or in part with a campaign-
                related disbursement (as defined in section 324), a 
                list of the five persons who, during the 12-month 
                period ending on the date of the disbursement, provided 
                the largest payments of any type in an aggregate amount 
                equal to or exceeding $10,000 to the person who is 
                paying for the communication and the amount of the 
                payments each such person provided. If two or more 
                people provided the fifth largest of such payments, the 
                person paying for the communication shall select one of 
                those persons to be included on the Top Five Funders 
                list.
                    ``(B) Top two funders list.--The term `Top Two 
                Funders list' means, with respect to a communication 
                which is paid for in whole or in part with a campaign-
                related disbursement (as defined in section 324), a 
                list of the persons who, during the 12-month period 
                ending on the date of the disbursement, provided the 
                largest and the second largest payments of any type in 
                an aggregate amount equal to or exceeding $10,000 to 
                the person who is paying for the communication and the 
                amount of the payments each such person provided. If 
                two or more persons provided the second largest of such 
                payments, the person paying for the communication shall 
                select one of those persons to be included on the Top 
                Two Funders list.
                    ``(C) Exclusion of certain payments.--For purposes 
                of subparagraphs (A) and (B), in determining the amount 
                of payments made by a person to a person paying for a 
                communication, there shall be excluded the following:
                            ``(i) Any amounts provided in the ordinary 
                        course of any trade or business conducted by 
                        the person paying for the communication or in 
                        the form of investments in the person paying 
                        for the communication.
                            ``(ii) Any payment which the person 
                        prohibited, in writing, from being used for 
                        campaign-related disbursements, but only if the 
                        person paying for the communication agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
            ``(6) Special rules for certain communications.--
                    ``(A) Exception for communications paid for by 
                political parties and certain political committees.--
                This subsection does not apply to any communication to 
                which subsection (d)(2) applies.
                    ``(B) Treatment of video communications lasting 10 
                seconds or less.--In the case of a communication to 
                which this subsection applies which is transmitted in a 
                video format, or is an internet or digital 
                communication which is transmitted in a text or graphic 
                format, the communication shall meet the following 
                requirements:
                            ``(i) The communication shall include the 
                        individual disclosure statement described in 
                        paragraph (2)(A) (if the person paying for the 
                        communication is an individual) or the 
                        organizational disclosure statement described 
                        in paragraph (2)(B) (if the person paying for 
                        the communication is not an individual).
                            ``(ii) The statement described in clause 
                        (i) shall appear in writing at the end of the 
                        communication, or in a crawl along the bottom 
                        of the communication, in a clear and 
                        conspicuous manner, with a reasonable degree of 
                        color contrast between the background and the 
                        printed statement, for a period of at least 4 
                        seconds.
                            ``(iii) The communication shall include, in 
                        a clear and conspicuous manner, a website 
                        address with a landing page which will provide 
                        all of the information described in paragraph 
                        (1) with respect to the communication. Such 
                        address shall appear for the full duration of 
                        the communication.
                            ``(iv) To the extent that the format in 
                        which the communication is made permits the use 
                        of a hyperlink, the communication shall include 
                        a hyperlink to the website address described in 
                        clause (iii).''.
    (b) Application of Expanded Requirements to Public Communications 
Consisting of Campaign-related Disbursements.--
            (1) In general.--Section 318(a) of such Act (52 U.S.C. 
        30120(a)) is amended by striking ``for the purpose of financing 
        communications expressly advocating the election or defeat of a 
        clearly identified candidate'' and inserting ``for a campaign-
        related disbursement, as defined in section 324, consisting of 
        a public communication''.
            (2) Clarification of exemption from inclusion of candidate 
        disclaimer statement in federal judicial nomination 
        communications.--Section 318(a)(3) of such Act (52 U.S.C. 
        30120(a)(3)) is amended by striking ``shall state'' and 
        inserting ``shall (except in the case of a Federal judicial 
        nomination communication, as defined in section 324(d)(3)) 
        state''.
    (c) Exception for Communications Paid for by Political Parties and 
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C. 
30120(d)(2)) is amended--
            (1) in the heading, by striking ``others'' and inserting 
        ``certain political committees'';
            (2) by striking ``Any communication'' and inserting ``(A) 
        Any communication'';
            (3) by inserting ``which (except to the extent provided in 
        subparagraph (B)) is paid for by a political committee 
        (including a political committee of a political party) and'' 
        after ``subsection (a)'';
            (4) by striking ``or other person'' each place it appears; 
        and
            (5) by adding at the end the following new subparagraph:
            ``(B)(i) This paragraph does not apply to a communication 
        paid for in whole or in part during a calendar year with a 
        campaign-related disbursement, but only if the covered 
        organization making the campaign-related disbursement made 
        campaign-related disbursements (as defined in section 324) 
        aggregating more than $10,000 during such calendar year.
            ``(ii) For purposes of clause (i), in determining the 
        amount of campaign-related disbursements made by a covered 
        organization during a year, there shall be excluded the 
        following:
                    ``(I) Any amounts received by the covered 
                organization in the ordinary course of any trade or 
                business conducted by the covered organization or in 
                the form of investments in the covered organization.
                    ``(II) Any amounts received by the covered 
                organization from a person who prohibited, in writing, 
                the organization from using such amounts for campaign-
                related disbursements, but only if the covered 
                organization agreed to follow the prohibition and 
                deposited the amounts in an account which is segregated 
                from any account used to make campaign-related 
                disbursements.''.

SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH 
              PRERECORDED TELEPHONE CALLS.

    (a) Application of Requirements.--
            (1) In general.--Section 318(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by 
        section 4205(c), is amended by striking ``public 
        communication'' each place it appears and inserting the 
        following: ``public communication (including a telephone call 
        consisting in substantial part of a prerecorded audio 
        message)''.
            (2) Application to communications subject to expanded 
        disclaimer requirements.--Section 318(e)(1) of such Act (52 
        U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in 
        the matter preceding subparagraph (A) by striking ``which is 
        transmitted in an audio or video format'' and inserting ``which 
        is transmitted in an audio or video format or which consists of 
        a telephone call consisting in substantial part of a 
        prerecorded audio message''.
    (b) Treatment as Communication Transmitted in Audio Format.--
            (1) Communications by candidates or authorized persons.--
        Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Prerecorded telephone calls.--Any communication 
        described in paragraph (1), (2), or (3) of subsection (a) 
        (other than a communication which is subject to subsection (e)) 
        which is a telephone call consisting in substantial part of a 
        prerecorded audio message shall include, in addition to the 
        requirements of such paragraph, the audio statement required 
        under subparagraph (A) of paragraph (1) or the audio statement 
        required under paragraph (2) (whichever is applicable), except 
        that the statement shall be made at the beginning of the 
        telephone call.''.
            (2) Communications subject to expanded disclaimer 
        requirements.--Section 318(e)(3) of such Act (52 U.S.C. 
        30120(e)(3)), as added by section 4302(a), is amended by adding 
        at the end the following new subparagraph:
                    ``(D) Prerecorded telephone calls.--In the case of 
                a communication to which this subsection applies which 
                is a telephone call consisting in substantial part of a 
                prerecorded audio message, the communication shall be 
                considered to be transmitted in an audio format.''.

SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS 
              ON INTERNET COMMUNICATIONS.

    Nothing in this subtitle or the amendments made by this subtitle 
may be construed to require any person who is not required under 
section 318 of the Federal Election Campaign Act of 1971 to include a 
disclaimer on communications made by the person through the internet to 
include any disclaimer on any such communications.

SEC. 4305. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
communications made on or after January 1, 2022, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

        Subtitle E--Deterring Foreign Interference in Elections

     PART 1--DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971

SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN 
              CANDIDATES AND FOREIGN POWERS.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 4101(b) and section 4209, is further 
amended by adding at the end the following new subsection:
    ``(e) Restrictions on Exchange of Information Between Candidates 
and Foreign Powers.--
            ``(1) Treatment of offer to share nonpublic campaign 
        material as solicitation of contribution from foreign 
        national.--If a candidate or an individual affiliated with the 
        campaign of a candidate, or if a political committee or an 
        individual affiliated with a political committee, provides or 
        offers to provide nonpublic campaign material to a covered 
        foreign national or to another person whom the candidate, 
        committee, or individual knows or has reason to know will 
        provide the material to a covered foreign national, the 
        candidate, committee, or individual (as the case may be) shall 
        be considered for purposes of this section to have solicited a 
        contribution or donation described in subsection (a)(1)(A) from 
        a foreign national.
            ``(2) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) The term `candidate' means an individual who 
                seeks nomination for, or election to, any Federal, 
                State, or local public office.
                    ``(B) The term `covered foreign national' has the 
                meaning given such term in section 304(j)(3)(C).
                    ``(C) The term `individual affiliated with a 
                campaign' means, with respect to a candidate, an 
                employee of any organization legally authorized under 
                Federal, State, or local law to support the candidate's 
                campaign for nomination for, or election to, any 
                Federal, State, or local public office, as well as any 
                independent contractor of such an organization and any 
                individual who performs services on behalf of the 
                organization, whether paid or unpaid.
                    ``(D) The term `individual affiliated with a 
                political committee' means, with respect to a political 
                committee, an employee of the committee as well as any 
                independent contractor of the committee and any 
                individual who performs services on behalf of the 
                committee, whether paid or unpaid.
                    ``(E) The term `nonpublic campaign material' means, 
                with respect to a candidate or a political committee, 
                campaign material that is produced by the candidate or 
                the committee or produced at the candidate or 
                committee's expense or request which is not distributed 
                or made available to the general public or otherwise in 
                the public domain, including polling and focus group 
                data and opposition research, except that such term 
                does not include material produced for purposes of 
                consultations relating solely to the candidate's or 
                committee's position on a legislative or policy 
                matter.''.

SEC. 4402. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF 
              COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE INTERESTS.

    Section 315(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)) is amended by adding at the end the following new 
paragraph:
    ``(10) For purposes of paragraph (7), an expenditure or 
disbursement may be considered to have been made in cooperation, 
consultation, or concert with, or coordinated with, a person without 
regard to whether or not the cooperation, consultation, or coordination 
is carried out pursuant to agreement or formal collaboration.''.

SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING 
              TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 4101(a), section 4101(b), section 4105, 
section 4209, and section 4401, is further amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) a person to knowingly provide substantial assistance 
        to another person in carrying out an activity described in 
        paragraph (1), (2), or (3).''; and
            (2) by adding at the end the following new subsections:
    ``(f) Knowingly Described.--
            ``(1) In general.--For purposes of subsection (a)(4), the 
        term `knowingly' means actual knowledge, constructive 
        knowledge, awareness of pertinent facts that would lead a 
        reasonable person to conclude there is a substantial 
        probability, or awareness of pertinent facts that would lead a 
        reasonable person to conduct a reasonable inquiry to 
        establish--
                    ``(A) with respect to an activity described in 
                subsection (a)(1), that the contribution, donation, 
                expenditure, independent expenditure, or disbursement 
                is from a foreign national;
                    ``(B) with respect to an activity described in 
                subsection (a)(2), that the contribution or donation 
                solicited, accepted, or received is from a foreign 
                national; and
                    ``(C) with respect to an activity described in 
                subsection (a)(3), that the person directing, 
                dictating, controlling, or directly or indirectly 
                participating in the decision-making process is a 
                foreign national.
            ``(2) Pertinent facts.--For purposes of paragraph (1), 
        pertinent facts include, but are not limited to, that the 
        person making the contribution, donation, expenditure, 
        independent expenditure, or disbursement, or that the person 
        from whom the contribution or donation is solicited, accepted, 
        or received, or that the person directing, dictating, 
        controlling, or directly or indirectly participating in the 
        decision-making process--
                    ``(A) uses a foreign passport or passport number 
                for identification purposes;
                    ``(B) provides a foreign address;
                    ``(C) uses a check or other written instrument 
                drawn on a foreign bank, or by a wire transfer from a 
                foreign bank, in carrying out the activity; or
                    ``(D) resides abroad.
    ``(g) Substantial Assistance Defined.--As used in this section, the 
term `substantial assistance' means, with respect to an activity 
prohibited by paragraph (1), (2), or (3) of subsection (a), involvement 
with an intent to facilitate successful completion of the activity.''.

SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.

    (a) Clarification of Treatment of Provision of Certain Information 
as Contribution or Donation of a Thing of Value.--Section 319 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by 
section 4101(a), section 4101(b), section 4209, section 4401, and 
section 4403, is amended by adding at the end the following new 
subsection:
    ``(h) Clarification of Treatment of Provision of Certain 
Information as Contribution or Donation of a Thing of Value.--For 
purposes of this section, a `contribution or donation of money or other 
thing of value' includes the provision of opposition research, polling, 
or other non-public information relating to a candidate for election 
for a Federal, State, or local office for the purpose of influencing 
the election, regardless of whether such research, polling, or 
information has monetary value, except that nothing in this subsection 
shall be construed to treat the mere provision of an opinion about a 
candidate as a thing of value for purposes of this section.''.
    (b) Clarification of Application of Foreign Money Ban to All 
Contributions and Donations of Things of Value and to All Solicitations 
of Contributions and Donations of Things of Value.--Section 319(a) of 
such Act (52 U.S.C. 30121(a)), as amended by section 4105 and section 
4403, is amended--
            (1) in paragraph (1)(A), by striking ``promise to make a 
        contribution or donation'' and inserting ``promise to make such 
        a contribution or donation'';
            (2) in paragraph (1)(B), by striking ``donation'' and 
        inserting ``donation of money or other thing of value, or to 
        make an express or implied promise to make such a contribution 
        or donation,''; and
            (3) by amending paragraph (2) to read as follows:
            ``(2) a person to solicit, accept, or receive (directly or 
        indirectly) a contribution, donation, or disbursement described 
        in paragraph (1), or to solicit, accept, or receive (directly 
        or indirectly) an express or implied promise to make such a 
        contribution or donation, from a foreign national;''.

    PART 2--NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN 
                               NATIONALS

SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN 
              NATIONALS.

    (a) Requiring Disclosure.--If the Federal Election Commission makes 
a determination that a foreign national has initiated or has attempted 
to initiate a disinformation campaign targeted at an election for 
public office held in a State, the Commission shall notify the State 
involved of the determination not later than 30 days after making the 
determination.
    (b) Definitions.--In this section the term ``foreign national'' has 
the meaning given such term in section 319(b) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(b)).

       PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

SEC. 4421. 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 an 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 
4004, 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.

PART 4--ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA 
                        FOR REGISTERED LOBBYISTS

SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER 
              FARA FOR REGISTERED LOBBYISTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct and 
submit to Congress an assessment of the implications of the exemption 
provided under the Foreign Agents Registration Act of 1938, as amended 
(22 U.S.C. 611 et seq.) for agents of foreign principals who are also 
registered lobbyists under the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1601 et seq.), and shall include in the assessment an analysis 
of the extent to which revisions in such Acts might mitigate the risk 
of foreign government money influencing elections or political 
processes in the United States.

                 Subtitle F--Secret Money Transparency

SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE 
              SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF 
              CERTAIN NONPROFIT ORGANIZATIONS.

    Section 122 of the Financial Services and General Government 
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby 
repealed.

                 Subtitle G--Shareholder Right-to-Know

SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY SECURITIES AND 
              EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF 
              CORPORATIONS HAVE KNOWLEDGE OF CORPORATION POLITICAL 
              ACTIVITY.

    Section 631 of the Financial Services and General Government 
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby 
repealed.

SEC. 4602. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.

    (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2) 
the following:

``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND 
              DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.

    ``(a) Definitions.--In this section--
            ``(1) the term `expenditure for political activities'--
                    ``(A) means--
                            ``(i) an independent expenditure (as 
                        defined in section 301(17) of the Federal 
                        Election Campaign Act of 1971 (52 U.S.C. 
                        30101(17)));
                            ``(ii) an electioneering communication (as 
                        defined in section 304(f)(3) of that Act (52 
                        U.S.C. 30104(f)(3))) and any other public 
                        communication (as defined in section 301(22) of 
                        that Act (52 U.S.C. 30101(22))) that would be 
                        an electioneering communication if it were a 
                        broadcast, cable, or satellite communication; 
                        or
                            ``(iii) dues or other payments to trade 
                        associations or organizations described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of that Code that are, or could reasonably be 
                        anticipated to be, used or transferred to 
                        another association or organization for the 
                        purposes described in clauses (i) or (ii); and
                    ``(B) does not include--
                            ``(i) direct lobbying efforts through 
                        registered lobbyists employed or hired by the 
                        issuer;
                            ``(ii) communications by an issuer to its 
                        shareholders and executive or administrative 
                        personnel and their families; or
                            ``(iii) the establishment and 
                        administration of contributions to a separate 
                        segregated fund to be utilized for political 
                        purposes by a corporation; and
            ``(2) the term `issuer' does not include an investment 
        company registered under section 8 of the Investment Company 
        Act of 1940 (15 U.S.C. 80a-8).
    ``(b) Shareholder Authorization for Political Expenditures.--Each 
solicitation of proxy, consent, or authorization by an issuer with a 
class of equity securities registered under section 12 shall--
            ``(1) contain--
                    ``(A) a description of the specific nature of any 
                expenditure for political activities proposed to be 
                made by the issuer for the forthcoming fiscal year that 
                has not been authorized by a vote of the shareholders 
                of the issuer, to the extent the specific nature is 
                known to the issuer; and
                    ``(B) the total amount of expenditures for 
                political activities proposed to be made by the issuer 
                for the forthcoming fiscal year; and
            ``(2) provide for a separate vote of the shareholders of 
        the issuer to authorize such expenditures for political 
        activities in the total amount described in paragraph (1).
    ``(c) Vote Required To Make Expenditures.--No issuer shall make an 
expenditure for political activities in any fiscal year unless such 
expenditure--
            ``(1) is of the nature of those proposed by the issuer in 
        subsection (b)(1); and
            ``(2) has been authorized by a vote of the majority of the 
        outstanding shares of the issuer in accordance with subsection 
        (b)(2).
    ``(d) Fiduciary Duty; Liability.--
            ``(1) Fiduciary duty.--A violation of subsection (c) shall 
        be considered a breach of a fiduciary duty of the officers and 
        directors who authorized the expenditure for political 
        activities.
            ``(2) Liability.--An officer or director of an issuer who 
        authorizes an expenditure for political activities in violation 
        of subsection (c) shall be jointly and severally liable in any 
        action brought in a court of competent jurisdiction to any 
        person or class of persons who held shares at the time the 
        expenditure for political activities was made for an amount 
        equal to 3 times the amount of the expenditure for political 
        activities.
    ``(e) Disclosure of Votes.--
            ``(1) Disclosure required.--Each institutional investment 
        manager subject to section 13(f) shall disclose not less 
        frequently than annually how the institutional investment 
        manager voted on any shareholder vote under subsection (a), 
        unless the vote is otherwise required by rule of the Commission 
        to be reported publicly.
            ``(2) Rules.--Not later than 6 months after the date of 
        enactment of this section, the Commission shall issue rules to 
        carry out this subsection that require that a disclosure 
        required under paragraph (1)--
                    ``(A) be made not later than 30 days after a vote 
                described in paragraph (1); and
                    ``(B) be made available to the public through the 
                EDGAR system as soon as practicable.
    ``(f) Safe Harbor for Certain Divestment Decisions.--
Notwithstanding any other provision of Federal or State law, if an 
institutional investment manager makes the disclosures required under 
subsection (e), no person may bring any civil, criminal, or 
administrative action against the institutional investment manager, or 
any employee, officer, or director thereof, based solely upon a 
decision of the investment manager to divest from, or not to invest in, 
securities of an issuer due to an expenditure for political activities 
made by the issuer.''.
    (b) Required Board Vote on Corporate Expenditures for Political 
Activities.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) 
is amended by adding after section 16 (15 U.S.C. 78p) the following:

``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL 
              ACTIVITIES.

    ``(a) Definitions.--In this section, the terms `expenditure for 
political activities' and `issuer' have the meanings given the terms in 
section 14C.
    ``(b) Listing on Exchanges.--Not later than 180 days after the date 
of enactment of this section, the Commission shall, by rule, direct the 
national securities exchanges and national securities associations to 
prohibit the listing of any class of equity security of an issuer that 
is not in compliance with the requirements of any portion of subsection 
(c).
    ``(c) Requirement for Vote in Corporate Bylaws.--
            ``(1) Vote required.--The bylaws of an issuer shall 
        expressly provide for a vote of the board of directors of the 
        issuer on--
                    ``(A) any expenditure for political activities in 
                excess of $50,000; and
                    ``(B) any expenditure for political activities that 
                would result in the total amount spent by the issuer 
                for a particular election (as defined in section 301(1) 
                of the Federal Election Campaign Act of 1971 (52 U.S.C. 
                30101(1))) in excess of $50,000.
            ``(2) Public availability.--An issuer shall make the votes 
        of each member of the board of directors for a vote required 
        under paragraph (1) publicly available not later than 48 hours 
        after the vote, including in a clear and conspicuous location 
        on the internet web site of the issuer.
    ``(d) No Effect on Determination of Coordination With Candidates or 
Campaigns.--For purposes of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30101 et seq.), an expenditure for political activities by 
an issuer shall not be treated as made in concert or cooperation with, 
or at the request or suggestion of, any candidate or committee solely 
because a member of the board of directors of the issuer voted on the 
expenditure as required under this section.''.
    (c) Reporting Requirements.--Section 13 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the 
following:
    ``(s) Reporting Requirements Relating to Certain Political 
Expenditures.--
            ``(1) Definitions.--In this subsection, the terms 
        `expenditure for political activities' and `issuer' have the 
        meanings given the terms in section 14C.
            ``(2) Quarterly reports.--
                    ``(A) Reports required.--Not later than 180 days 
                after the date of enactment of this subsection, the 
                Commission shall amend the reporting rules under this 
                section to require each issuer with a class of equity 
                securities registered under section 12 of this title to 
                submit to the Commission and the shareholders of the 
                issuer a quarterly report containing--
                            ``(i) a description of any expenditure for 
                        political activities made during the preceding 
                        quarter;
                            ``(ii) the date of each expenditure for 
                        political activities;
                            ``(iii) the amount of each expenditure for 
                        political activities;
                            ``(iv) the votes of each member of the 
                        board of directors authorizing the expenditure 
                        for political activity, as required under 
                        section 16A(c);
                            ``(v) if the expenditure for political 
                        activities was made in support of or opposed to 
                        a candidate, the name of the candidate and the 
                        office sought by, and the political party 
                        affiliation of, the candidate; and
                            ``(vi) the name or identity of trade 
                        associations or organizations described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of such Code which receive dues or other 
                        payments as described in section 
                        14C(a)(1)(A)(iii).
                    ``(B) Public availability.--The Commission shall 
                ensure that, to the greatest extent practicable, the 
                quarterly reports required under this paragraph are 
                publicly available through the internet web site of the 
                Commission and through the EDGAR system in a manner 
                that is searchable, sortable, and downloadable, 
                consistent with the requirements under section 24.
            ``(3) Annual reports.--Not later than 180 days after the 
        date of enactment of this subsection, the Commission shall, by 
        rule, require each issuer to include in the annual report of 
        the issuer to shareholders a summary of each expenditure for 
        political activities made during the preceding year in excess 
        of $10,000, and each expenditure for political activities for a 
        particular election if the total amount of such expenditures 
        for that election is in excess of $10,000.''.
    (d) Reports.--
            (1) Securities and exchange commission.--The Securities and 
        Exchange Commission shall--
                    (A) conduct an annual assessment of the compliance 
                of issuers and officers and members of the boards of 
                directors of issuers with sections 13(s), 14C, and 16A 
                of the Securities Exchange Act of 1934, as added by 
                this section; and
                    (B) submit to Congress an annual report containing 
                the results of the assessment under paragraph (1).
            (2) Government accountability office.--The Comptroller 
        General of the United States shall periodically evaluate and 
        report to Congress on the effectiveness of the oversight by the 
        Securities and Exchange Commission of the reporting and 
        disclosure requirements under sections 13(s), 14C, and 16A of 
        the Securities Exchange Act of 1934, as added by this section.

 Subtitle H--Disclosure of Political Spending by Government Contractors

SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE DISCLOSURE 
              OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS.

    Section 735 of the Financial Services and General Government 
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby 
repealed.

  Subtitle I--Limitation and Disclosure Requirements for Presidential 
                          Inaugural Committees

SEC. 4801. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Inaugural 
Committee Oversight Act''.

SEC. 4802. 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.), as 
amended by section 4421, is amended by adding at the end the following 
new section:

``SEC. 326. 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 solicit or 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 to fulfill a commitment, obligation, or expense of a 
        person that would exist irrespective of the responsibilities of 
        the Inaugural Committee under chapter 5 of title 36, United 
        States Code.
            ``(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) 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 `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 of 1971 (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 326 of the Federal Election Campaign Act of 
1971.''.
    (d) Effective Date.--The amendments made by this Act 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.

                  Subtitle J--Miscellaneous Provisions

SEC. 4901. EFFECTIVE DATES OF PROVISIONS.

    Each provision of this title and each amendment made by a provision 
of this title shall take effect on the effective date provided under 
this title for such provision or such amendment without regard to 
whether or not the Federal Election Commission, the Attorney General, 
or any other person has promulgated regulations to carry out such 
provision or such amendment.

SEC. 4902. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                 TITLE V--CAMPAIGN FINANCE EMPOWERMENT

       Subtitle A--Findings Relating to Citizens United Decision

SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION.

    Congress finds the following:
            (1) The American Republic was founded on the principle that 
        all people are created equal, with rights and responsibilities 
        as citizens to vote, be represented, speak, debate, and 
        participate in self-government on equal terms regardless of 
        wealth. To secure these rights and responsibilities, our 
        Constitution not only protects the equal rights of all 
        Americans but also provides checks and balances to prevent 
        corruption and prevent concentrated power and wealth from 
        undermining effective self-government.
            (2) The Founders designed the First Amendment to help 
        prevent tyranny by ensuring that the people have the tools they 
        need to ensure self-government and to keep their elected 
        leaders responsive to the public. The Amendment thus guarantees 
        the right of everyone to speak, to petition the government for 
        redress, to assemble together, and for a free press. If only 
        the wealthiest individuals can participate meaningfully in our 
        democracy, then these First Amendment principles become an 
        illusion.
            (3) Campaign finance laws promote these First Amendment 
        interests. They increase robust debate from diverse voices, 
        enhance the responsiveness of elected officeholders, and help 
        prevent corruption. They do not censor anyone's speech but 
        simply ensure that no one's speech is drowned out. The Supreme 
        Court has failed to recognize that these laws are essential, 
        proactive rules that help guarantee true democratic self-
        government.
            (4) The Supreme Court's decisions in Citizens United v. 
        Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon 
        v. FEC, 572 U.S. 185 (2014), as well as other court decisions, 
        erroneously invalidated even-handed rules about the spending of 
        money in local, State, and Federal elections. These rules do 
        not prevent anyone from speaking their mind, much less pick 
        winners and losers of political debates. Although the Court has 
        upheld other content-neutral laws like these, it has failed to 
        apply to same logic to campaign finance laws. These flawed 
        decisions have empowered large corporations, extremely wealthy 
        individuals, and special interests to dominate election 
        spending, corrupt our politics, and degrade our democracy 
        through tidal waves of unlimited and anonymous spending. These 
        decisions also stand in contrast to a long history of efforts 
        by Congress and the States to regulate money in politics to 
        protect democracy, and they illustrate a troubling deregulatory 
        trend in campaign finance-related court decisions. 
        Additionally, an unknown amount of foreign money continues to 
        be spent in our political system as subsidiaries of foreign-
        based corporations and hostile foreign actors sometimes 
        connected to nation-States work to influence our elections.
            (5) The Supreme Court's misinterpretation of the 
        Constitution to empower monied interests at the expense of the 
        American people in elections has seriously eroded over 100 
        years of congressional action to promote fairness and protect 
        elections from the toxic influence of money.
            (6) In 1907, Congress passed the Tillman Act in response to 
        the concentration of corporate power in the post-Civil War 
        Gilded Age. The Act prohibited corporations from making 
        contributions in connection with Federal elections, aiming 
        ``not merely to prevent the subversion of the integrity of the 
        electoral process [but] * * * to sustain the active, alert 
        responsibility of the individual citizen in a democracy for the 
        wise conduct of government''.
            (7) By 1910, Congress began passing disclosure requirements 
        and campaign expenditure limits, and dozens of States passed 
        corrupt practices Acts to prohibit corporate spending in 
        elections. States also enacted campaign spending limits, and 
        some States limited the amount that people could contribute to 
        campaigns.
            (8) In 1947, the Taft-Hartley Act prohibited corporations 
        and unions from making campaign contributions or other 
        expenditures to influence elections. In 1962, a Presidential 
        commission on election spending recommended spending limits and 
        incentives to increase small contributions from more people.
            (9) The Federal Election Campaign Act of 1971 (FECA), as 
        amended in 1974, required disclosure of contributions and 
        expenditures, imposed contribution and expenditure limits for 
        individuals and groups, set spending limits for campaigns, 
        candidates, and groups, implemented a public funding system for 
        Presidential campaigns, and created the Federal Election 
        Commission to oversee and enforce the new rules.
            (10) In the wake of Citizens United and other damaging 
        Federal court decisions, Americans have witnessed an explosion 
        of outside spending in elections. Outside spending increased 
        more than 700 percent between the 2008 and 2020 Presidential 
        election years. Spending by outside groups nearly doubled again 
        from 2016 to 2020 with super PACs, tax-exempt groups, and 
        others spending more than $3,000,000,000. And as political 
        entities adapt to a post- Citizens United, post-McCutcheon 
        landscape, these trends are getting worse, as evidenced by the 
        record-setting 2020 elections which cost more than 
        $14,000,000,000 in total.
            (11) Since the landmark Citizens United decision, 21 States 
        and more than 800 municipalities, including large cities like 
        New York, Los Angeles, Chicago, and Philadelphia, have gone on 
        record supporting a constitutional amendment. Transcending 
        political leanings and geographic location, voters in States 
        and municipalities across the country that have placed 
        amendment questions on the ballot have routinely supported 
        these initiatives by considerably large margins.
            (12) The Court has tied the hands of Congress and the 
        States, severely restricting them from setting reasonable 
        limits on campaign spending. For example, the Court has held 
        that only the Government's interest in preventing quid pro quo 
        corruption, like bribery, or the appearance of such corruption, 
        can justify limits on campaign contributions. More broadly, the 
        Court has severely curtailed attempts to reduce the ability of 
        the Nation's wealthiest and most powerful to skew our democracy 
        in their favor by buying outsized influence in our elections. 
        Because this distortion of the Constitution has prevented other 
        critical regulation or reform of the way we finance elections 
        in America, a constitutional amendment is needed to achieve a 
        democracy for all the people.
            (13) The torrent of money flowing into our political system 
        has a profound effect on the democratic process for everyday 
        Americans, whose voices and policy preferences are increasingly 
        being drowned out by those of wealthy special interests. The 
        more campaign cash from wealthy special interests can flood our 
        elections, the more policies that favor those interests are 
        reflected in the national political agenda. When it comes to 
        policy preferences, our Nation's wealthiest tend to have 
        fundamentally different views than do average Americans when it 
        comes to issues ranging from unemployment benefits to the 
        minimum wage to health care coverage.
            (14) At the same time millions of Americans have signed 
        petitions, marched, called their Members of Congress, written 
        letters to the editor, and otherwise demonstrated their public 
        support for a constitutional amendment to overturn Citizens 
        United that will allow Congress to reign in the outsized 
        influence of unchecked money in politics. Dozens of 
        organizations, representing tens of millions of individuals, 
        have come together in a shared strategy of supporting such an 
        amendment.
            (15) In order to protect the integrity of democracy and the 
        electoral process and to ensure political equality for all, the 
        Constitution should be amended so that Congress and the States 
        may regulate and set limits on the raising and spending of 
        money to influence elections and may distinguish between 
        natural persons and artificial entities, like corporations, 
        that are created by law, including by prohibiting such 
        artificial entities from spending money to influence elections.

                      Subtitle B--Senate Elections

SEC. 5100. SHORT TITLE.

    This subtitle may be cited as the ``Fair Elections Now Act of 
2021''.

                 PART 1--SMALL DONOR INCENTIVE PROGRAMS

SEC. 5101. SENSE OF THE SENATE REGARDING SMALL DONOR INCENTIVE 
              PROGRAMS.

    It is the sense of the Senate that Congress should take steps to 
allow more Americans to fully participate in our democracy through 
authorizing publicly financed small donor incentive programs, including 
small-dollar voucher programs that broaden and diversify the number of 
Americans who are able to have their voice heard in the marketplace of 
ideas.

      PART 2--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS

SEC. 5111. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS 
              FINANCING OF SENATE ELECTION CAMPAIGNS.

    The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following:

    ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

                    ``Subtitle A--General Provisions

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Allocation from the fund.--The term `allocation from 
        the Fund' means an allocation of money from the Freedom From 
        Influence Fund to a participating candidate pursuant to section 
        522.
            ``(2) Commission.--The term `Commission' means the Federal 
        Election Commission.
            ``(3) Enhanced matching contribution.--The term `enhanced 
        matching contribution' means an enhanced matching payment 
        provided to a participating candidate for qualified small 
        dollar contributions, as provided under section 524.
            ``(4) Enhanced support qualifying period.--The term 
        `enhanced support qualifying period' means, with respect to a 
        general election, the period which begins 60 days before the 
        date of the election and ends 14 days before the date of the 
        election.
            ``(5) Fair elections qualifying period.--The term `Fair 
        Elections qualifying period' means, with respect to any 
        candidate for Senator, the period--
                    ``(A) beginning on the date on which the candidate 
                files a statement of intent under section 511(a)(1); 
                and
                    ``(B) ending on the date that is 30 days before--
                            ``(i) the date of the primary election; or
                            ``(ii) in the case of a State that does not 
                        hold a primary election, the date prescribed by 
                        State law as the last day to qualify for a 
                        position on the general election ballot.
            ``(6) Fair elections start date.--The term `Fair Elections 
        start date' means, with respect to any candidate, the date that 
        is 180 days before--
                    ``(A) the date of the primary election; or
                    ``(B) in the case of a State that does not hold a 
                primary election, the date prescribed by State law as 
                the last day to qualify for a position on the general 
                election ballot.
            ``(7) Fund.--The term `Fund' means the Freedom From 
        Influence Fund established by section 502.
            ``(8) Immediate family.--The term `immediate family' means, 
        with respect to any candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
            ``(9) Matching contribution.--The term `matching 
        contribution' means a matching payment provided to a 
        participating candidate for qualified small dollar 
        contributions, as provided under section 523.
            ``(10) Nonparticipating candidate.--The term 
        `nonparticipating candidate' means a candidate for Senator who 
        is not a participating candidate.
            ``(11) Participating candidate.--The term `participating 
        candidate' means a candidate for Senator who is certified under 
        section 514 as being eligible to receive an allocation from the 
        Fund.
            ``(12) Qualifying contribution.--The term `qualifying 
        contribution' means, with respect to a candidate, a 
        contribution that--
                    ``(A) is in an amount that is--
                            ``(i) not less than $5; and
                            ``(ii) not more than $200;
                    ``(B) is made by an individual who is not otherwise 
                prohibited from making a contribution under this Act;
                    ``(C) is made during the Fair Elections qualifying 
                period; and
                    ``(D) meets the requirements of section 512(b).
            ``(13) Qualified small dollar contribution.--The term 
        `qualified small dollar contribution' means, with respect to a 
        candidate, any contribution (or series of contributions)--
                    ``(A) which is not a qualifying contribution (or 
                does not include a qualifying contribution);
                    ``(B) which is made by an individual who is not 
                prohibited from making a contribution under this Act; 
                and
                    ``(C) the aggregate amount of which does not exceed 
                $200 per election.
            ``(14) Qualifying multicandidate political committee 
        contribution.--
                    ``(A) In general.--The term `qualifying 
                multicandidate political committee contribution' means 
                any contribution to a candidate that is made from a 
                qualified account of a multicandidate political 
                committee (within the meaning of section 315(a)(2)).
                    ``(B) Qualified account.--For purposes of 
                subparagraph (A), the term `qualified account' means, 
                with respect to a multicandidate political committee, a 
                separate, segregated account of the committee that 
                consists solely of contributions which meet the 
                following requirements:
                            ``(i) All contributions to such account are 
                        made by individuals who are not prohibited from 
                        making contributions under this Act.
                            ``(ii) The aggregate amount of 
                        contributions from each individual to such 
                        account and all other accounts of the political 
                        committee do not exceed the amount described in 
                        paragraph (13)(C).

``SEC. 502. FREEDOM FROM INFLUENCE FUND.

    ``(a) Establishment.--There is established in the Treasury a fund 
to be known as the `Freedom From Influence Fund'.
    ``(b) Amounts Held by Fund.--The Fund shall consist of the 
following amounts:
            ``(1) Assessments against fines, settlements, and 
        penalties.--Amounts transferred under section 3015 of title 18, 
        United States Code, section 9707 of title 31, United States 
        Code, and section 6761 of the Internal Revenue Code of 1986.
            ``(2) Deposits.--Amounts deposited into the Fund under--
                    ``(A) section 513(c) (relating to exceptions to 
                contribution requirements);
                    ``(B) section 521(c) (relating to remittance of 
                unused payments from the Fund); and
                    ``(C) section 532 (relating to violations).
    ``(c) Use of Fund To Make Payments to Participating Candidates.--
            ``(1) Payments to participating candidates.--Amounts in the 
        Fund shall be available without further appropriation or fiscal 
        year limitation to make payments to participating candidates as 
        provided in this title.
            ``(2) Mandatory reduction of payments in case of 
        insufficient amounts in fund.--
                    ``(A) Advance audits by commission.--Not later than 
                90 days before the first day of each election cycle 
                (beginning with the first election cycle that begins 
                after the date of the enactment of this title), the 
                Commission shall--
                            ``(i) audit the Fund to determine whether 
                        the amounts in the Fund will be sufficient to 
                        make payments to participating candidates in 
                        the amounts provided in this title during such 
                        election cycle; and
                            ``(ii) submit a report to Congress 
                        describing the results of the audit.
                    ``(B) Reductions in amount of payments.--
                            ``(i) Automatic reduction on pro rata 
                        basis.--If, on the basis of the audit described 
                        in subparagraph (A), the Commission determines 
                        that the amount anticipated to be available in 
                        the Fund with respect to the election cycle 
                        involved is not, or may not be, sufficient to 
                        satisfy the full entitlements of participating 
                        candidates to payments under this title for 
                        such election cycle, the Commission shall 
                        reduce each amount which would otherwise be 
                        paid to a participating candidate under this 
                        title by such pro rata amount as may be 
                        necessary to ensure that the aggregate amount 
                        of payments anticipated to be made with respect 
                        to the election cycle will not exceed the 
                        amount anticipated to be available for such 
                        payments in the Fund with respect to such 
                        election cycle.
                            ``(ii) Restoration of reductions in case of 
                        availability of sufficient funds during 
                        election cycle.--If, after reducing the amounts 
                        paid to participating candidates with respect 
                        to an election cycle under clause (i), the 
                        Commission determines that there are sufficient 
                        amounts in the Fund to restore the amount by 
                        which such payments were reduced (or any 
                        portion thereof), to the extent that such 
                        amounts are available, the Commission may make 
                        a payment on a pro rata basis to each such 
                        participating candidate with respect to the 
                        election cycle in the amount by which such 
                        candidate's payments were reduced under clause 
                        (i) (or any portion thereof, as the case may 
                        be).
                            ``(iii) No use of amounts from other 
                        sources.--In any case in which the Commission 
                        determines that there are insufficient moneys 
                        in the Fund to make payments to participating 
                        candidates under this title, moneys shall not 
                        be made available from any other source for the 
                        purpose of making such payments.
    ``(d) No Taxpayer Funds Permitted.--No taxpayer funds may be 
deposited into the Fund.
    ``(e) Use of Fund To Make Other Payments.--In addition to the use 
described in subsection (d), amounts in the Fund shall be available 
without further appropriation or fiscal year limitation--
            ``(1) to make payments to candidates under chapter 95 of 
        subtitle H of the Internal Revenue Code of 1986, subject to 
        reductions under section 9013(b) of such Code; and
            ``(2) to make payments to candidates under chapter 96 of 
        subtitle H of the Internal Revenue Code of 1986, subject to 
        reductions under section 9043(b) of such Code.
    ``(f) Effective Date.--This section shall take effect on the date 
of the enactment of this title.

              ``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

    ``(a) In General.--A candidate for Senator is eligible to receive 
an allocation from the Fund for any election if the candidate meets the 
following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate 
        under this title during the period beginning on the Fair 
        Elections start date and ending on the last day of the Fair 
        Elections qualifying period.
            ``(2) The candidate meets the qualifying contribution 
        requirements of section 512.
            ``(3) The candidate files with the Commission a statement 
        certifying that the authorized committees of the candidate meet 
        the requirements of section 513(d)(2).
            ``(4) Not later than the last day of the Fair Elections 
        qualifying period, the candidate files with the Commission an 
        affidavit signed by the candidate and the treasurer of the 
        candidate's principal campaign committee declaring that the 
        candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 513;
                    ``(B) if certified, will not run as a 
                nonparticipating candidate during such year in any 
                election for the office that such candidate is seeking; 
                and
                    ``(C) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to receive an allocation from the Fund 
for a general election or a general runoff election unless the 
candidate's party nominated the candidate to be placed on the ballot 
for the general election or the candidate otherwise qualified to be on 
the ballot under State law.

``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.

    ``(a) In General.--A candidate for Senator meets the requirement of 
this section if, during the Fair Elections qualifying period, the 
candidate obtains--
            ``(1) a number of qualifying contributions equal to the sum 
        of--
                    ``(A) 2,000; plus
                    ``(B) 500 for each congressional district in the 
                State with respect to which the candidate is seeking 
                election; and
            ``(2) a total dollar amount of qualifying contributions 
        equal to 10 percent of the amount of the allocation such 
        candidate would be entitled to receive for the primary election 
        under section 522(c)(1) (determined without regard to paragraph 
        (5) thereof) if such candidate were a participating candidate.
    ``(b) Requirements Relating to Receipt of Qualifying 
Contribution.--Each qualifying contribution--
            ``(1) may be made by means of a personal check, money 
        order, debit card, credit card, or electronic payment account;
            ``(2) shall be accompanied by a signed statement containing 
        the contributor's name and the contributor's address in the 
        State in which the contributor is registered to vote; and
            ``(3) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy kept by the candidate for the 
        Commission and a copy kept by the candidate for the election 
        authorities in the State with respect to which the candidate is 
        seeking election.
    ``(c) Verification of Qualifying Contributions.--The Commission 
shall establish procedures for the auditing and verification of 
qualifying contributions to ensure that such contributions meet the 
requirements of this section.

``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``(a) General Rule.--A candidate for Senator meets the requirements 
of this section if, during the election cycle of the candidate, the 
candidate--
            ``(1) except as provided in subsection (b), accepts no 
        contributions other than--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523;
                    ``(F) enhanced matching contributions under section 
                524;
                    ``(G) subject to subsection (c), personal funds of 
                the candidate or of any immediate family member of the 
                candidate (other than funds received through qualified 
                small dollar contributions); and
                    ``(H) subject to subsection (d), contributions from 
                individuals who are otherwise permitted to make 
                contributions under this Act, subject to the applicable 
                limitations of section 315, except that the aggregate 
                amount of contributions a participating candidate may 
                accept from any individual with respect to any election 
                during the election cycle may not exceed $1,000; and
            ``(2) makes no expenditures from any amounts other than 
        from--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523;
                    ``(F) enhanced matching contributions under section 
                524;
                    ``(G) subject to subsection (c), personal funds of 
                the candidate or of any immediate family member of the 
                candidate (other than funds received through qualified 
                small dollar contributions); and
                    ``(H) subject to subsection (d), contributions from 
                individuals who are otherwise permitted to make 
                contributions under this Act, subject to the applicable 
                limitations of section 315, except that the aggregate 
                amount of contributions a participating candidate may 
                accept from any individual with respect to any election 
                during the election cycle may not exceed $1,000.
For purposes of this subsection, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.
    ``(b) Contributions for Leadership PACs, etc.--A political 
committee of a participating candidate which is not an authorized 
committee of such candidate may accept contributions other than 
contributions described in subsection (a)(1) from any person if--
            ``(1) the aggregate contributions from such person for any 
        calendar year do not exceed $200; and
            ``(2) no portion of such contributions is disbursed in 
        connection with the campaign of the participating candidate.
    ``(c) Special Rules for Personal Funds.--A candidate who is 
certified as a participating candidate may use personal funds 
(including personal funds of any immediate family member of the 
candidate) so long as--
            ``(1) the aggregate amount used with respect to the 
        election cycle (including any period of the cycle occurring 
        prior to the candidate's certification as a participating 
        candidate) does not exceed $50,000; and
            ``(2) the funds are used only for making direct payments 
        for the receipt of goods and services which constitute 
        authorized expenditures in connection with the election cycle 
        involved.
    ``(d) Requirements Relating to Subsequent Contributions and 
Notification Requirements.--
            ``(1) Restriction on subsequent contributions.--
                    ``(A) Prohibiting donor from making subsequent 
                nonqualified contributions during election cycle.--An 
                individual who makes a qualified small dollar 
                contribution to a candidate with respect to an election 
                may not make any subsequent contribution to such 
                candidate with respect to the election cycle which is 
                not a qualified small dollar contribution.
                    ``(B) Treatment of subsequent nonqualified 
                contributions.--If, notwithstanding the prohibition 
                described in subparagraph (A), an individual who makes 
                a qualified small dollar contribution to a candidate 
                with respect to an election makes a subsequent 
                contribution to such candidate with respect to the 
                election which is prohibited under subparagraph (A) 
                because it is not a qualified small dollar 
                contribution, the candidate may take one of the 
                following actions:
                            ``(i) Not later than 2 weeks after 
                        receiving the contribution, the candidate may 
                        return the subsequent contribution to the 
                        individual. In the case of a subsequent 
                        contribution which is not a qualified small 
                        dollar contribution because the contribution 
                        fails to meet the requirements of paragraph 
                        (13)(C) of section 501 (relating to the 
                        aggregate amount of qualified small dollar 
                        contributions that may be made by an individual 
                        to a candidate), the candidate may return an 
                        amount equal to the difference between the 
                        amount of the subsequent contribution and the 
                        amount described in such paragraph.
                            ``(ii) The candidate may retain the 
                        subsequent contribution, so long as not later 
                        than 2 weeks after receiving the subsequent 
                        contribution, the candidate remits to the 
                        Commission for deposit in the Freedom from 
                        Influence Fund established by section 502 an 
                        amount equal to any payments received by the 
                        candidate under this title which are 
                        attributable to the qualified small dollar 
                        contribution made by the individual involved.
                    ``(C) No effect on ability to make multiple 
                contributions.--Nothing in this subsection may be 
                construed to prohibit an individual from making 
                multiple qualified small dollar contributions to any 
                candidate or any number of candidates, so long as each 
                contribution meets the definition of a qualified small 
                dollar contribution under section 501(13).
            ``(2) Notification requirements for candidates.--
                    ``(A) Notification.--Each authorized committee of a 
                candidate who seeks to be a participating candidate 
                under this title shall provide the following 
                information in any materials for the solicitation of 
                contributions, including any internet site through 
                which individuals may make contributions to the 
                committee:
                            ``(i) A statement that if the candidate is 
                        certified as a participating candidate under 
                        this title, the candidate will receive matching 
                        payments in an amount which is based on the 
                        total amount of qualified small dollar 
                        contributions received.
                            ``(ii) A statement that a contribution 
                        which meets the definition of a qualified small 
                        dollar contribution under section 501(13) shall 
                        be treated as a qualified small dollar 
                        contribution under this title.
                            ``(iii) A statement that if a contribution 
                        is treated as qualified small dollar 
                        contribution under this title, the individual 
                        who makes the contribution may not make any 
                        contribution to the candidate or the authorized 
                        committees of the candidate during the election 
                        cycle which is not a qualified small dollar 
                        contribution.
                    ``(B) Alternative methods of meeting 
                requirements.--An authorized committee may meet the 
                requirements of subparagraph (A)--
                            ``(i) by including the information 
                        described in paragraph (1) in the receipt 
                        provided under section 512(b)(3) to a person 
                        making a qualified small dollar contribution; 
                        or
                            ``(ii) by modifying the information it 
                        provides to persons making contributions which 
                        is otherwise required under title III 
                        (including information it provides through the 
                        internet).
    ``(e) Exception.--Notwithstanding subsection (a), a candidate shall 
not be treated as having failed to meet the requirements of this 
section if any contributions that are not qualified small dollar 
contributions, qualifying contributions, qualifying multicandidate 
political committee contributions, or contributions that meet the 
requirements of subsection (b) and that are accepted before the date 
the candidate files a statement of intent under section 511(a)(1) are--
            ``(1) returned to the contributor; or
            ``(2) submitted to the Commission for deposit in the Fund.

``SEC. 514. CERTIFICATION.

    ``(a) In General.--Not later than 5 days after a candidate for 
Senator files an affidavit under section 511(a)(4), the Commission 
shall--
            ``(1) certify whether or not the candidate is a 
        participating candidate; and
            ``(2) notify the candidate of the Commission's 
        determination.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission may revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification; or
                    ``(B) a candidate otherwise fails to comply with 
                the requirements of this title, including any 
                regulatory requirements prescribed by the Commission.
            ``(2) Repayment of benefits.--If certification is revoked 
        under paragraph (1), the candidate shall repay to the Fund an 
        amount equal to the value of benefits received under this title 
        plus interest (at a rate determined by the Commission) on any 
        such amount received.

                         ``Subtitle C--Benefits

``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--For each election with respect to which a 
candidate is certified as a participating candidate under section 514, 
such candidate shall be entitled to--
            ``(1) an allocation from the Fund to make or obligate to 
        make expenditures with respect to such election, as provided in 
        section 522;
            ``(2) matching contributions, as provided in section 523; 
        and
            ``(3) enhanced matching contributions, as provided in 
        section 524.
    ``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under 
section 522, matching contributions under section 523, and enhanced 
matching contributions under section 524 may only be used for campaign-
related costs.
    ``(c) Remitting Allocations From the Fund.--
            ``(1) In general.--Not later than the date that is 180 days 
        after an election in which the participating candidate appeared 
        on the ballot, such participating candidate shall remit to the 
        Commission for deposit in the Fund an amount equal to the 
        lesser of--
                    ``(A) the amount of money in the candidate's 
                campaign account; or
                    ``(B) the sum of the allocations from the Fund 
                received by the candidate under section 522, the 
                matching contributions received by the candidate under 
                section 523, and the enhanced matching contributions 
                under section 524.
            ``(2) Exceptions.--
                    ``(A) Subsequent election.--In the case of a 
                candidate who qualifies to be on the ballot for a 
                primary runoff election, a general election, or a 
                general runoff election, the amounts described in 
                paragraph (1) may be retained by the candidate and used 
                in such subsequent election.
                    ``(B) Candidate seeking certification for next 
                election cycle.--Notwithstanding paragraph (1), a 
                participating candidate may withhold not more than 
                $100,000 from the amount required to be remitted under 
                paragraph (1) if the candidate files a signed affidavit 
                with the Commission that the candidate will seek 
                certification as a participating candidate with respect 
                to the next election cycle, except that the candidate 
                may not use any portion of the amount withheld until 
                the candidate is certified as a participating candidate 
                with respect to that next election cycle. If the 
                candidate fails to seek certification as a 
                participating candidate prior to the last day of the 
                qualifying period for the next election cycle (as 
                described in section 511), or if the Commission 
                notifies the candidate of the Commission's 
                determination that the candidate does not meet the 
                requirements for certification as a participating 
                candidate with respect to such cycle, the candidate 
                shall immediately remit to the Commission the amount 
                withheld.

``SEC. 522. ALLOCATIONS FROM THE FUND.

    ``(a) In General.--The Commission shall make allocations from the 
Fund under section 521(a)(1) to a participating candidate--
            ``(1) in the case of amounts provided under subsection 
        (d)(1), after the date on which such candidate is certified as 
        a participating candidate under section 514;
            ``(2) in the case of a general election after--
                    ``(A) the date of the certification of the results 
                of the primary election or the primary runoff election; 
                or
                    ``(B) in any case in which there is no primary 
                election, the date the candidate qualifies to be placed 
                on the ballot; and
            ``(3) in the case of a primary runoff election or a general 
        runoff election, after the certification of the results of the 
        primary election or the general election, as the case may be.
    ``(b) Method of Payment.--The Commission shall distribute funds 
available to participating candidates under this section through the 
use of an electronic funds exchange or a debit card.
    ``(c) Timing of Payment.--The Commission shall, in coordination 
with the Secretary of the Treasury, take such steps as may be necessary 
to ensure that the Secretary is able to make payments under this 
section from the Treasury not later than 2 business days after date of 
the applicable certification as described in subsection (a).
    ``(d) Amounts.--
            ``(1) Primary election allocation; initial allocation.--
        Except as provided in paragraph (5), the Commission shall make 
        an allocation from the Fund for a primary election to a 
        participating candidate in an amount equal to 67 percent of the 
        base amount with respect to such participating candidate.
            ``(2) Primary runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a primary runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the amount the participating candidate was eligible 
        to receive under this section for the primary election.
            ``(3) General election allocation.--Except as provided in 
        paragraph (5), the Commission shall make an allocation from the 
        Fund for a general election to a participating candidate in an 
        amount equal to the base amount with respect to such candidate.
            ``(4) General runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a general runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the base amount with respect to such candidate.
            ``(5) Uncontested elections.--
                    ``(A) In general.--In the case of a primary or 
                general election that is an uncontested election, the 
                Commission shall make an allocation from the Fund to a 
                participating candidate for such election in an amount 
                equal to 25 percent of the allocation which such 
                candidate would be entitled to under this section for 
                such election if this paragraph did not apply.
                    ``(B) Uncontested election defined.--For purposes 
                of this subparagraph, an election is uncontested if not 
                more than 1 candidate has campaign funds (including 
                payments from the Fund) in an amount equal to or 
                greater than 10 percent of the allocation a 
                participating candidate would be entitled to receive 
                under this section for such election if this paragraph 
                did not apply.
    ``(e) Base Amount.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the base amount for any candidate is an amount 
        equal to the sum of--
                    ``(A) $750,000; plus
                    ``(B) $150,000 for each congressional district in 
                the State with respect to which the candidate is 
                seeking election.
            ``(2) Indexing.--In each even-numbered year after 2027--
                    ``(A) each dollar amount under paragraph (1) shall 
                be increased by the percent difference between the 
                price index (as defined in section 315(c)(2)(A)) for 
                the 12 months preceding the beginning of such calendar 
                year and the price index for calendar year 2022;
                    ``(B) each dollar amount so increased shall remain 
                in effect for the 2-year period beginning on the first 
                day following the date of the last general election in 
                the year preceding the year in which the amount is 
                increased and ending on the date of the next general 
                election; and
                    ``(C) if any amount after adjustment under 
                subparagraph (A) is not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.

``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.

    ``(a) In General.--The Commission shall pay to each participating 
candidate an amount equal to 600 percent of the amount of qualified 
small dollar contributions received by the candidate from individuals 
after the date on which such candidate is certified under section 514.
    ``(b) Limitation.--The aggregate payments under subsection (a) with 
respect to any candidate shall not exceed 400 percent of the allocation 
such candidate is entitled to receive for such election under section 
522 (determined without regard to subsection (d)(5) thereof).
    ``(c) Time of Payment.--The Commission shall make payments under 
this section not later than 2 business days after the receipt of a 
report made under subsection (d).
    ``(d) Reports.--
            ``(1) In general.--Each participating candidate shall file 
        reports of receipts of qualified small dollar contributions at 
        such times and in such manner as the Commission may by 
        regulations prescribe.
            ``(2) Contents of reports.--Each report under this 
        subsection shall disclose--
                    ``(A) the amount of each qualified small dollar 
                contribution received by the candidate; and
                    ``(B) the name, address, and occupation of each 
                individual who made a qualified small dollar 
                contribution to the candidate.
            ``(3) Frequency of reports.--Reports under this subsection 
        shall be made no more frequently than--
                    ``(A) once every month until the date that is 90 
                days before the date of the election; and
                    ``(B) once every week after the period described in 
                subparagraph (A) and until the date of the election.
            ``(4) Limitation on regulations.--The Commission may not 
        prescribe any regulations with respect to reporting under this 
        subsection with respect to any election after the date that is 
        180 days before the date of such election.
    ``(e) Appeals.--The Commission shall provide a written explanation 
with respect to any denial of any payment under this section and shall 
provide the opportunity for review and reconsideration within 5 
business days of such denial.

``SEC. 524. ENHANCED MATCHING SUPPORT.

    ``(a) In General.--In addition to the payments made under section 
523, the Commission shall make an additional payment to an eligible 
candidate under this section.
    ``(b) Eligibility.--A candidate is eligible to receive an 
additional payment under this section if the candidate meets each of 
the following requirements:
            ``(1) The candidate is on the ballot for the general 
        election for the office the candidate seeks.
            ``(2) The candidate is certified as a participating 
        candidate under this title with respect to the election.
            ``(3) During the enhanced support qualifying period, the 
        candidate receives qualified small dollar contributions in a 
        total amount of not less than the sum of $15,000 for each 
        congressional district in the State with respect to which the 
        candidate is seeking election.
            ``(4) During the enhanced support qualifying period, the 
        candidate submits to the Commission a request for the payment 
        which includes--
                    ``(A) a statement of the number and amount of 
                qualified small dollar contributions received by the 
                candidate during the enhanced support qualifying 
                period;
                    ``(B) a statement of the amount of the payment the 
                candidate anticipates receiving with respect to the 
                request; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(5) After submitting a request for the additional payment 
        under paragraph (4), the candidate does not submit any other 
        application for an additional payment under this title.
    ``(c) Amount.--
            ``(1) In general.--Subject to paragraph (2), the amount of 
        the additional payment made to an eligible candidate under this 
        subtitle shall be an amount equal to 50 percent of--
                    ``(A) the amount of the payment made to the 
                candidate under section 523 with respect to the 
                qualified small dollar contributions which are received 
                by the candidate during the enhanced support qualifying 
                period (as included in the request submitted by the 
                candidate under (b)(4)(A)); or
                    ``(B) in the case of a candidate who is not 
                eligible to receive a payment under section 523 with 
                respect to such qualified small dollar contributions 
                because the candidate has reached the limit on the 
                aggregate amount of payments under section 523, the 
                amount of the payment which would have been made to the 
                candidate under section 523 with respect to such 
                qualified small dollar contributions if the candidate 
                had not reached such limit.
            ``(2) Limit.--The amount of the additional payment 
        determined under paragraph (1) with respect to a candidate may 
        not exceed the sum of $150,000 for each congressional district 
        in the State with respect to which the candidate is seeking 
        election.
            ``(3) No effect on aggregate limit.--The amount of the 
        additional payment made to a candidate under this section shall 
        not be included in determining the aggregate amount of payments 
        made to a participating candidate with respect to an election 
        cycle under section 523.

                ``Subtitle D--Administrative Provisions

``SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMISSION.

    ``(a) Duties and Powers.--
            ``(1) Administration.--The Commission shall have the power 
        to administer the provisions of this title and shall prescribe 
        regulations to carry out the purposes of this title, including 
        regulations--
                    ``(A) to establish procedures for--
                            ``(i) verifying the amount of valid 
                        qualifying contributions with respect to a 
                        candidate;
                            ``(ii) effectively and efficiently 
                        monitoring and enforcing the limits on the 
                        raising of qualified small dollar 
                        contributions;
                            ``(iii) monitoring the raising of 
                        qualifying multicandidate political committee 
                        contributions through effectively and 
                        efficiently monitoring and enforcing the limits 
                        on individual contributions to qualified 
                        accounts of multicandidate political 
                        committees;
                            ``(iv) effectively and efficiently 
                        monitoring and enforcing the limits on the use 
                        of personal funds by participating candidates; 
                        and
                            ``(v) monitoring the use of allocations 
                        from the Fund and matching contributions under 
                        this title through audits or other mechanisms; 
                        and
                    ``(B) regarding the conduct of debates in a manner 
                consistent with the best practices of States that 
                provide public financing for elections.
            ``(2) Review of fair elections financing.--
                    ``(A) In general.--After each general election for 
                Federal office, the Commission shall conduct a 
                comprehensive review of the Fair Elections financing 
                program under this title, including--
                            ``(i) the maximum dollar amount of 
                        qualified small dollar contributions under 
                        section 501(13);
                            ``(ii) the maximum and minimum dollar 
                        amounts for qualifying contributions under 
                        section 501(12);
                            ``(iii) the number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 512 to qualify for allocations 
                        from the Fund;
                            ``(iv) the amount of allocations from the 
                        Fund that candidates may receive under section 
                        522;
                            ``(v) the maximum amount of matching 
                        contributions a candidate may receive under 
                        section 523;
                            ``(vi) the maximum amount of enhanced 
                        matching contributions a candidate may receive 
                        under section 524;
                            ``(vii) the overall satisfaction of 
                        participating candidates and the American 
                        public with the program; and
                            ``(viii) such other matters relating to 
                        financing of Senate campaigns as the Commission 
                        determines are appropriate.
                    ``(B) Criteria for review.--In conducting the 
                review under subparagraph (A), the Commission shall 
                consider the following:
                            ``(i) Qualifying contributions and 
                        qualified small dollar contributions.--The 
                        Commission shall consider whether the number 
                        and dollar amount of qualifying contributions 
                        required and maximum dollar amount for such 
                        qualifying contributions and qualified small 
                        dollar contributions strikes a balance 
                        regarding the importance of voter involvement, 
                        the need to assure adequate incentives for 
                        participating, and fiscal responsibility, 
                        taking into consideration the number of primary 
                        and general election participating candidates, 
                        the electoral performance of those candidates, 
                        program cost, and any other information the 
                        Commission determines is appropriate.
                            ``(ii) Review of program benefits.--The 
                        Commission shall consider whether the totality 
                        of the amount of funds allowed to be raised by 
                        participating candidates (including through 
                        qualifying contributions and small dollar 
                        contributions), allocations from the Fund under 
                        section 522, matching contributions under 
                        section 523, and enhanced matching 
                        contributions under section 524 are sufficient 
                        for voters in each State to learn about the 
                        candidates to cast an informed vote, taking 
                        into account the historic amount of spending by 
                        winning candidates, media costs, primary 
                        election dates, and any other information the 
                        Commission determines is appropriate.
                    ``(C) Recommendations for adjustment of amounts.--
                Based on the review conducted under subparagraph (A), 
                the Commission shall make recommendations to Congress 
                for any adjustment of the following amounts:
                            ``(i) The maximum dollar amount of 
                        qualified small dollar contributions under 
                        section 501(13)(C).
                            ``(ii) The maximum and minimum dollar 
                        amounts for qualifying contributions under 
                        section 501(12)(A).
                            ``(iii) The number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 512(a)(1).
                            ``(iv) The base amount for candidates under 
                        section 522(d).
                            ``(v) The maximum amount of matching 
                        contributions a candidate may receive under 
                        section 523(b).
                            ``(vi) The maximum amount of enhanced 
                        matching contributions a candidate may receive 
                        under section 524(c).
                    ``(D) Report.--Not later than March 30 following 
                any general election for Federal office, the Commission 
                shall submit a report to Congress on the review 
                conducted under subparagraph (A) and any 
                recommendations developed under subparagraph (C). Such 
                report shall contain a detailed statement of the 
                findings, conclusions, and recommendations of the 
                Commission based on such review.
    ``(b) Reports.--Not later than March 30, 2026, and every 2 years 
thereafter, the Commission shall submit to the Senate Committee on 
Rules and Administration a report documenting, evaluating, and making 
recommendations relating to the administrative implementation and 
enforcement of the provisions of this title.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this subtitle.

``SEC. 532. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate under section 514 accepts a contribution or makes an 
expenditure that is prohibited under section 513, the Commission shall 
assess a civil penalty against the candidate in an amount that is not 
more than 3 times the amount of the contribution or expenditure. Any 
amounts collected under this subsection shall be deposited into the 
Fund.
    ``(b) Repayment for Improper Use of Freedom From Influence Fund.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate under this 
        title was not used as provided for in this title or that a 
        participating candidate has violated any of the dates for 
        remission of funds contained in this title, the Commission 
        shall so notify the candidate and the candidate shall pay to 
        the Fund an amount equal to--
                    ``(A) the amount of benefits so used or not 
                remitted, as appropriate; and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) Other action not precluded.--Any action by the 
        Commission in accordance with this subsection shall not 
        preclude enforcement proceedings by the Commission in 
        accordance with section 309(a), including a referral by the 
        Commission to the Attorney General in the case of an apparent 
        knowing and willful violation of this title.''.

SEC. 5112. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.

    Section 302(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30102(e)) is amended by adding at the end the following new 
paragraph:
            ``(6) No authorized committee of a participating candidate 
        (as defined in section 501) may establish a joint fundraising 
        committee with a political committee other than an authorized 
        committee of a candidate.''.

SEC. 5113. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY 
              POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.

    Section 315(d) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(d)) is amended--
            (1) in paragraph (3)(A), by striking ``in the case of'' and 
        inserting ``except as provided in paragraph (6), in the case 
        of''; and
            (2) by adding at the end the following new paragraph:
            ``(6)(A) The limitation under paragraph (3)(A) shall not 
        apply with respect to any expenditure from a qualified 
        political party-participating candidate coordinated expenditure 
        fund.
            ``(B) In this paragraph, the term `qualified political 
        party-participating candidate coordinated expenditure fund' 
        means a fund established by the national committee of a 
        political party, or a State committee of a political party, 
        including any subordinate committee of a State committee, for 
        purposes of making expenditures in connection with the general 
        election campaign of a candidate for election to the office of 
        Senator who is a participating candidate (as defined in section 
        501), that only accepts qualified coordinated expenditure 
        contributions.
            ``(C) In this paragraph, the term `qualified coordinated 
        expenditure contribution' means, with respect to the general 
        election campaign of a candidate for election to the office of 
        Senator who is a participating candidate (as defined in section 
        501), any contribution (or series of contributions)--
                    ``(i) which is made by an individual who is not 
                prohibited from making a contribution under this Act; 
                and
                    ``(ii) the aggregate amount of which does not 
                exceed $500 per election.''.

SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES.

    (a) Assessments Relating to Criminal Offenses.--
            (1) In general.--Chapter 201 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3015. Special assessments for Freedom from Influence Fund
    ``(a) Assessments.--
            ``(1) Convictions of crimes.--In addition to any assessment 
        imposed under this chapter, the court shall assess on any 
        organizational defendant or any defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who is convicted of a criminal offense under 
        Federal law an amount equal to 4.75 percent of any fine imposed 
        on that defendant in the sentence imposed for that conviction.
            ``(2) Settlements.--The court shall assess on any 
        organizational defendant or defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who has entered into a settlement agreement or 
        consent decree with the United States in satisfaction of any 
        allegation that the defendant committed a criminal offense 
        under Federal law an amount equal to 4.75 percent of the amount 
        of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected in the manner in which fines are collected in 
criminal cases.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
title 31, there shall be transferred from the General Fund of the 
Treasury to the Freedom From Influence Fund under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amount of 
the assessments collected under this section.''.
            (2) Clerical amendment.--The table of sections of chapter 
        201 of title 18, United States Code, is amended by adding at 
        the end the following:

``3015. Special assessments for Freedom From Influence Fund.''.
    (b) Assessments Relating to Civil Penalties.--
            (1) In general.--Chapter 97 of title 31, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 9707. Special assessments for Freedom from Influence fund
    ``(a) Assessments.--
            ``(1) Civil penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose a civil penalty shall assess on each 
        person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 4.75 percent of the amount of the penalty.
            ``(2) Administrative penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose an administrative penalty shall assess on 
        each person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 4.75 percent of the amount of the penalty.
            ``(3) Settlements.--Any entity of the Federal Government 
        which is authorized under any law, rule, or regulation to enter 
        into a settlement agreement or consent decree with any person, 
        other than a natural person who is not a corporate officer or 
        person with equivalent authority in any other organization, in 
        satisfaction of any allegation of an action or omission by the 
        person which would be subject to a civil penalty or 
        administrative penalty shall assess on such person an amount 
        equal to 4.75 percent of the amount of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected--
            ``(1) in the case of an amount assessed under paragraph (1) 
        of such subsection, in the manner in which civil penalties are 
        collected by the entity of the Federal Government involved;
            ``(2) in the case of an amount assessed under paragraph (2) 
        of such subsection, in the manner in which administrative 
        penalties are collected by the entity of the Federal Government 
        involved; and
            ``(3) in the case of an amount assessed under paragraph (3) 
        of such subsection, in the manner in which amounts are 
        collected pursuant to settlement agreements or consent decrees 
        entered into by the entity of the Federal Government involved.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
this title, there shall be transferred from the General Fund of the 
Treasury to the Freedom From Influence Fund under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amount of 
the assessments collected under this section.
    ``(d) Exception for Penalties and Settlements Under Authority of 
the Internal Revenue Code of 1986.--
            ``(1) In general.--No assessment shall be made under 
        subsection (a) with respect to any civil or administrative 
        penalty imposed, or any settlement agreement or consent decree 
        entered into, under the authority of the Internal Revenue Code 
        of 1986.
            ``(2) Cross reference.--For application of special 
        assessments for the Freedom From Influence Fund with respect to 
        certain penalties under the Internal Revenue Code of 1986, see 
        section 6761 of the Internal Revenue Code of 1986.''.
            (2) Clerical amendment.--The table of sections of chapter 
        97 of title 31, United States Code, is amended by adding at the 
        end the following:

``9706. Special assessments for Freedom From Influence Fund.''.
    (c) Assessments Relating to Certain Penalties Under the Internal 
Revenue Code of 1986.--
            (1) In general.--Chapter 68 of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new 
        subchapter:

  ``Subchapter D--Special Assessments for Freedom From Influence Fund

``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND.

    ``(a) In General.--Each person required to pay a covered penalty 
shall pay an additional amount equal to 4.75 percent of the amount of 
such penalty.
    ``(b) Covered Penalty.--For purposes of this section, the term 
`covered penalty' means any addition to tax, additional amount, 
penalty, or other liability provided under subchapter A or B.
    ``(c) Exception for Certain Individuals.--
            ``(1) In general.--In the case of a taxpayer who is an 
        individual, subsection (a) shall not apply to any covered 
        penalty if such taxpayer is an exempt taxpayer for the taxable 
        year for which such covered penalty is assessed.
            ``(2) Exempt taxpayer.--For purposes of this subsection, a 
        taxpayer is an exempt taxpayer for any taxable year if the 
        taxable income of such taxpayer for such taxable year does not 
        exceed the dollar amount at which begins the highest rate 
        bracket in effect under section 1 with respect to such taxpayer 
        for such taxable year.
    ``(d) Application of Certain Rules.--Except as provided in 
subsection (e), the additional amount determined under subsection (a) 
shall be treated for purposes of this title in the same manner as the 
covered penalty to which such additional amount relates.
    ``(e) Transfer to Freedom From Influence Fund.--The Secretary shall 
deposit any additional amount under subsection (a) in the General Fund 
of the Treasury and shall transfer from such General Fund to the 
Freedom From Influence Fund established under section 502 of the 
Federal Election Campaign Act of 1971 an amount equal to the amounts so 
deposited (and, notwithstanding subsection (d), such additional amount 
shall not be the basis for any deposit, transfer, credit, 
appropriation, or any other payment, to any other trust fund or 
account). Rules similar to the rules of section 9601 shall apply for 
purposes of this subsection.''.
            (2) Clerical amendment.--The table of subchapters for 
        chapter 68 of such Code is amended by adding at the end the 
        following new item:

  ``subchapter d--special assessments for freedom from influence fund

``Sec. 6761. Special assessments for freedom from influence fund.''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        convictions, agreements, and penalties which occur on or after 
        the date of the enactment of this Act.
            (2) Assessments relating to certain penalties under the 
        internal revenue code of 1986.--The amendments made by 
        subsection (c) shall apply to covered penalties assessed after 
        the date of the enactment of this Act .

SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANCING PROGRAM.

    (a) Study and Report.--Not later than 2 years after the completion 
of the first election cycle in which the program established under 
title V of the Federal Election Campaign Act of 1971, as added by 
section 5111, is in effect, the Federal Election Commission shall--
            (1) assess--
                    (A) the amount of payment referred to in section 
                523 of such Act; and
                    (B) the amount of a qualified small dollar 
                contribution referred to in section 501(13) of such 
                Act; and
            (2) submit to Congress a report that discusses whether such 
        amounts are sufficient to meet the goals of the program.
    (b) Update.--The Commission shall update and revise the study and 
report required by subsection (a) on a biennial basis.
    (c) Termination.--The requirements of this section shall terminate 
10 years after the date on which the first study and report required by 
subsection (a) is submitted to Congress.

SEC. 5116. EFFECTIVE DATE.

    (a) In General.--Except as may otherwise be provided in this part 
and in the amendments made by this part, this part and the amendments 
made by this part shall apply with respect to elections occurring 
during 2028 or any succeeding year, without regard to whether or not 
the Federal Election Commission has promulgated the final regulations 
necessary to carry out this part and the amendments made by this part 
by the deadline set forth in subsection (b).
    (b) Deadline for Regulations.--Not later than June 30, 2026, the 
Federal Election Commission shall promulgate such regulations as may be 
necessary to carry out this part and the amendments made by this part.

      PART 3--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

SEC. 5121. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 5122. ELECTRONIC FILING OF FEC REPORTS.

    Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30104(a)(11)) is amended--
            (1) in subparagraph (A), by striking ``under this Act--'' 
        and all that follows and inserting ``under this Act shall be 
        required to maintain and file such designation, statement, or 
        report in electronic form accessible by computers.'';
            (2) in subparagraph (B), by striking ``48 hours'' and all 
        that follows through ``filed electronically)'' and inserting 
        ``24 hours''; and
            (3) by striking subparagraph (D).

                    PART 4--MISCELLANEOUS PROVISIONS

SEC. 5131. SEVERABILITY.

    If any provision of this subtitle or amendment made by this 
subtitle, or the application of a provision or amendment to any person 
or circumstance, is held to be unconstitutional, the remainder of this 
subtitle and amendments made by this subtitle, and the application of 
the provisions and amendment to any person or circumstance, shall not 
be affected by the holding.

                   Subtitle C--Presidential Elections

SEC. 5200. SHORT TITLE.

    This subtitle may be cited as the ``Empower Act of 2021''.

                       PART 1--PRIMARY ELECTIONS

SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.

    (a) Increase and Modification.--
            (1) In general.--The first sentence of section 9034(a) of 
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``an amount equal to the amount of 
                each contribution'' and inserting ``an amount equal to 
                600 percent of the amount of each matchable 
                contribution (disregarding any amount of contributions 
                from any person to the extent that the total of the 
                amounts contributed by such person for the election 
                exceeds $200)''; and
                    (B) by striking ``authorized committees'' and all 
                that follows through ``$250'' and inserting 
                ``authorized committees''.
            (2) Matchable contributions.--Section 9034 of such Code is 
        amended--
                    (A) by striking the last sentence of subsection 
                (a); and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) Matchable Contribution Defined.--For purposes of this section 
and section 9033(b)--
            ``(1) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the nomination for 
        election to the office of President of the United States, a 
        contribution by an individual to a candidate or an authorized 
        committee of a candidate with respect to which the candidate 
        has certified in writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election,
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A), and
                    ``(C) such contribution was a direct contribution.
            ``(2) Contribution.--For purposes of this subsection, the 
        term `contribution' means a gift of money made by a written 
        instrument which identifies the individual making the 
        contribution by full name and mailing address, but does not 
        include a subscription, loan, advance, or deposit of money, or 
        anything of value or anything described in subparagraph (B), 
        (C), or (D) of section 9032(4).
            ``(3) Direct contribution.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `direct contribution' means, with respect to a 
                candidate, a contribution which is made directly by an 
                individual to the candidate or an authorized committee 
                of the candidate and is not--
                            ``(i) forwarded from the individual making 
                        the contribution to the candidate or committee 
                        by another person, or
                            ``(ii) received by the candidate or 
                        committee with the knowledge that the 
                        contribution was made at the request, 
                        suggestion, or recommendation of another 
                        person.
                    ``(B) Other definitions.--In subparagraph (A)--
                            ``(i) the term `person' does not include an 
                        individual (other than an individual described 
                        in section 304(i)(7) of the Federal Election 
                        Campaign Act of 1971), a political committee of 
                        a political party, or any political committee 
                        which is not a separate segregated fund 
                        described in section 316(b) of the Federal 
                        Election Campaign Act of 1971 and which does 
                        not make contributions or independent 
                        expenditures, does not engage in lobbying 
                        activity under the Lobbying Disclosure Act of 
                        1995 (2 U.S.C. 1601 et seq.), and is not 
                        established by, controlled by, or affiliated 
                        with a registered lobbyist under such Act, an 
                        agent of a registered lobbyist under such Act, 
                        or an organization which retains or employs a 
                        registered lobbyist under such Act, and
                            ``(ii) a contribution is not `made at the 
                        request, suggestion, or recommendation of 
                        another person' solely on the grounds that the 
                        contribution is made in response to information 
                        provided to the individual making the 
                        contribution by any person, so long as the 
                        candidate or authorized committee does not know 
                        the identity of the person who provided the 
                        information to such individual.''.
            (3) Conforming amendments.--
                    (A) Section 9032(4) of such Code is amended by 
                striking ``section 9034(a)'' and inserting ``section 
                9034''.
                    (B) Section 9033(b)(3) of such Code is amended by 
                striking ``matching contributions'' and inserting 
                ``matchable contributions''.
    (b) Modification of Payment Limitation.--Section 9034(b) of such 
Code is amended--
            (1) by striking ``The total'' and inserting the following:
            ``(1) In general.--The total'';
            (2) by striking ``shall not exceed'' and all that follows 
        and inserting ``shall not exceed $250,000,000.''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Inflation adjustment.--
                    ``(A) In general.--In the case of any applicable 
                period beginning after 2029, the dollar amount in 
                paragraph (1) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year following the year which such 
                        applicable period begins, determined by 
                        substituting `calendar year 2027' for `calendar 
                        year 1992' in subparagraph (B) thereof.
                    ``(B) Applicable period.--For purposes of this 
                paragraph, the term `applicable period' means the 4-
                year period beginning with the first day following the 
                date of the general election for the office of 
                President and ending on the date of the next such 
                general election.
                    ``(C) Rounding.--If any amount as adjusted under 
                subparagraph (A) is not a multiple of $10,000, such 
                amount shall be rounded to the nearest multiple of 
                $10,000.''.

SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.

    (a) Amount of Aggregate Contributions Per State; Disregarding of 
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``$5,000'' and inserting ``$25,000''; and
            (2) by striking ``20 States'' and inserting the following: 
        ``20 States (disregarding any amount of contributions from any 
        such resident to the extent that the total of the amounts 
        contributed by such resident for the election exceeds $200)''.
    (b) Contribution Limit.--
            (1) In general.--Paragraph (4) of section 9033(b) of such 
        Code is amended to read as follows:
            ``(4) the candidate and the authorized committees of the 
        candidate will not accept aggregate contributions from any 
        person with respect to the nomination for election to the 
        office of President of the United States in excess of $1,000 
        for the election.''.
            (2) Conforming amendments.--
                    (A) Section 9033(b) of such Code is amended by 
                adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the 
meaning given such term in section 301(8) of the Federal Election 
Campaign Act of 1971.''.
                    (B) Section 9032(4) of such Code, as amended by 
                section 5201(a)(3)(A), is amended by inserting ``or 
                9033(b)'' after ``9034''.
    (c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, and''; and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) if the candidate is nominated by a political party 
        for election to the office of President, the candidate will 
        apply for and accept payments with respect to the general 
        election for such office in accordance with chapter 95.''.
    (d) Prohibition on Joint Fundraising Committees.--Section 9033(b) 
of such Code, as amended by subsection (c), is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) adding at the end the 
        following new paragraph:
            ``(6) the candidate will not establish a joint fundraising 
        committee with a political committee other than another 
        authorized committee of the candidate, except that candidate 
        established a joint fundraising committee with respect to a 
        prior election for which the candidate was not eligible to 
        receive payments under section 9037 and the candidate does not 
        terminate the committee, the candidate shall not be considered 
        to be in violation of this paragraph so long as that joint 
        fundraising committee does not receive any contributions or 
        make any disbursements during the election cycle for which the 
        candidate is eligible to receive payments under such 
        section.''.

SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS.

    (a) In General.--Subsection (a) of section 9035 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(a) Personal Expenditure Limitation.--No candidate shall 
knowingly make expenditures from his personal funds, or the personal 
funds of his immediate family, in connection with his campaign for 
nomination for election to the office of President in excess of, in the 
aggregate, $50,000.''.
    (b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the 
Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) the candidate will comply with the personal 
        expenditure limitation under section 9035,''.

SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.

    Section 9032(6) of the Internal Revenue Code of 1986 is amended by 
striking ``the beginning of the calendar year in which a general 
election for the office of President of the United States will be 
held'' and inserting ``the date that is 6 months prior to the date of 
the earliest State primary election''.

SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.

    Section 9038(a) of the Internal Revenue Code of 1986 is amended by 
inserting ``and matchable contributions accepted by'' after ``qualified 
campaign expenses of''.

SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL 
              PRIMARY CANDIDATES.

    Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and 
inserting ``four-year election cycle''.

                       PART 2--GENERAL ELECTIONS

SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC 
              FINANCING.

    Subsection (a) of section 9003 of the Internal Revenue Code of 1986 
is amended to read as follows:
    ``(a) In General.--In order to be eligible to receive any payments 
under section 9006, the candidates of a political party in a 
Presidential election shall meet the following requirements:
            ``(1) Participation in primary payment system.--The 
        candidate for President received payments under chapter 96 for 
        the campaign for nomination for election to be President.
            ``(2) Agreements with commission.--The candidates, in 
        writing--
                    ``(A) agree to obtain and furnish to the Commission 
                such evidence as it may request of the qualified 
                campaign expenses of such candidates,
                    ``(B) agree to keep and furnish to the Commission 
                such records, books, and other information as it may 
                request, and
                    ``(C) agree to an audit and examination by the 
                Commission under section 9007 and to pay any amounts 
                required to be paid under such section.
            ``(3) Prohibition on joint fundraising committees.--
                    ``(A) Prohibition.--The candidates certify in 
                writing that the candidates will not establish a joint 
                fundraising committee with a political committee other 
                than another authorized committee of the candidate.
                    ``(B) Status of existing committees for prior 
                elections.--If a candidate established a joint 
                fundraising committee described in subparagraph (A) 
                with respect to a prior election for which the 
                candidate was not eligible to receive payments under 
                section 9006 and the candidate does not terminate the 
                committee, the candidate shall not be considered to be 
                in violation of subparagraph (A) so long as that joint 
                fundraising committee does not receive any 
                contributions or make any disbursements with respect to 
                the election for which the candidate is eligible to 
                receive payments under section 9006.''.

SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED 
              CAMPAIGN CONTRIBUTIONS.

    (a) Use of Qualified Campaign Contributions Without Expenditure 
Limits; Application of Same Requirements for Major, Minor, and New 
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended 
by striking subsections (b) and (c) and inserting the following:
    ``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
            ``(1) In general.--In order to be eligible to receive any 
        payments under section 9006, the candidates of a party in a 
        Presidential election shall certify to the Commission, under 
        penalty of perjury, that--
                    ``(A) such candidates and their authorized 
                committees have not and will not accept any 
                contributions to defray qualified campaign expenses 
                other than--
                            ``(i) qualified campaign contributions, and
                            ``(ii) contributions to the extent 
                        necessary to make up any deficiency payments 
                        received out of the fund on account of the 
                        application of section 9006(c), and
                    ``(B) such candidates and their authorized 
                committees have not and will not accept any 
                contribution to defray expenses which would be 
                qualified campaign expenses but for subparagraph (C) of 
                section 9002(11).
            ``(2) Timing of certification.--The candidate shall make 
        the certification required under this subsection at the same 
        time the candidate makes the certification required under 
        subsection (a)(3).''.
    (b) Definition of Qualified Campaign Contribution.--Section 9002 of 
such Code is amended by adding at the end the following new paragraph:
            ``(13) Qualified campaign contribution.--The term 
        `qualified campaign contribution' means, with respect to any 
        election for the office of President of the United States, a 
        contribution from an individual to a candidate or an authorized 
        committee of a candidate which--
                    ``(A) does not exceed $1,000 for the election, and
                    ``(B) with respect to which the candidate has 
                certified in writing that--
                            ``(i) the individual making such 
                        contribution has not made aggregate 
                        contributions (including such qualified 
                        contribution) to such candidate and the 
                        authorized committees of such candidate in 
                        excess of the amount described in subparagraph 
                        (A), and
                            ``(ii) such candidate and the authorized 
                        committees of such candidate will not accept 
                        contributions from such individual (including 
                        such qualified contribution) aggregating more 
                        than the amount described in subparagraph (A) 
                        with respect to such election.''.
    (c) Conforming Amendments.--
            (1) Repeal of expenditure limits.--
                    (A) In general.--Section 315 of the Federal 
                Election Campaign Act of 1971 (52 U.S.C. 30116) is 
                amended by striking subsection (b).
                    (B) Conforming amendments.--Section 315(c) of such 
                Act (52 U.S.C. 30116(c)) is amended--
                            (i) in paragraph (1)(B)(i), by striking ``, 
                        (b)''; and
                            (ii) in paragraph (2)(B)(i), by striking 
                        ``subsections (b) and (d)'' and inserting 
                        ``subsection (d)''.
            (2) Repeal of repayment requirement.--
                    (A) In general.--Section 9007(b) of the Internal 
                Revenue Code of 1986 is amended by striking paragraph 
                (2) and redesignating paragraphs (3), (4), and (5) as 
                paragraphs (2), (3), and (4), respectively.
                    (B) Conforming amendment.--Paragraph (2) of section 
                9007(b) of such Code, as redesignated by subparagraph 
                (A), is amended--
                            (i) by striking ``a major party'' and 
                        inserting ``a party'';
                            (ii) by striking ``contributions (other 
                        than'' and inserting ``contributions (other 
                        than qualified contributions''; and
                            (iii) by striking ``(other than qualified 
                        campaign expenses with respect to which payment 
                        is required under paragraph (2))''.
            (3) Criminal penalties.--
                    (A) Repeal of penalty for excess expenses.--Section 
                9012 of the Internal Revenue Code of 1986 is amended by 
                striking subsection (a).
                    (B) Penalty for acceptance of disallowed 
                contributions; application of same penalty for 
                candidates of major, minor, and new parties.--
                Subsection (b) of section 9012 of such Code is amended 
                to read as follows:
    ``(b) Contributions.--
            ``(1) Acceptance of disallowed contributions.--It shall be 
        unlawful for an eligible candidate of a party in a Presidential 
        election or any of his authorized committees knowingly and 
        willfully to accept--
                    ``(A) any contribution other than a qualified 
                campaign contribution to defray qualified campaign 
                expenses, except to the extent necessary to make up any 
                deficiency in payments received out of the fund on 
                account of the application of section 9006(c), or
                    ``(B) any contribution to defray expenses which 
                would be qualified campaign expenses but for 
                subparagraph (C) of section 9002(11).
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $5,000, or imprisoned not more than one 
        year, or both. In the case of a violation by an authorized 
        committee, any officer or member of such committee who 
        knowingly and willfully consents to such violation shall be 
        fined not more than $5,000, or imprisoned not more than one 
        year, or both.''.

SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT 
              AMOUNTS.

    (a) In General.--
            (1) Amount of payments; application of same amount for 
        candidates of major, minor, and new parties.--Subsection (a) of 
        section 9004 of the Internal Revenue Code of 1986 is amended to 
        read as follows:
    ``(a) In General.--Subject to the provisions of this chapter, the 
eligible candidates of a party in a Presidential election shall be 
entitled to equal payment under section 9006 in an amount equal to 600 
percent of the amount of each matchable contribution received by such 
candidate or by the candidate's authorized committees (disregarding any 
amount of contributions from any person to the extent that the total of 
the amounts contributed by such person for the election exceeds $200), 
except that total amount to which a candidate is entitled under this 
paragraph shall not exceed $250,000,000.''.
            (2) Repeal of separate limitations for candidates of minor 
        and new parties; inflation adjustment.--Subsection (b) of 
        section 9004 of such Code is amended to read as follows:
    ``(b) Inflation Adjustment.--
            ``(1) In general.--In the case of any applicable period 
        beginning after 2029, the $250,000,000 dollar amount in 
        subsection (a) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year following 
                the year which such applicable period begins, 
                determined by substituting `calendar year 2028' for 
                `calendar year 1992' in subparagraph (B) thereof.
            ``(2) Applicable period.--For purposes of this subsection, 
        the term `applicable period' means the 4-year period beginning 
        with the first day following the date of the general election 
        for the office of President and ending on the date of the next 
        such general election.
            ``(3) Rounding.--If any amount as adjusted under paragraph 
        (1) is not a multiple of $10,000, such amount shall be rounded 
        to the nearest multiple of $10,000.''.
            (3) Conforming amendment.--Section 9005(a) of such Code is 
        amended by adding at the end the following new sentence: ``The 
        Commission shall make such additional certifications as may be 
        necessary to receive payments under section 9004.''.
    (b) Matchable Contribution.--Section 9002 of such Code, as amended 
by section 5212(b), is amended by adding at the end the following new 
paragraph:
            ``(14) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the election to the office 
        of President of the United States, a contribution by an 
        individual to a candidate or an authorized committee of a 
        candidate with respect to which the candidate has certified in 
        writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election,
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A) with respect to such election, and
                    ``(C) such contribution was a direct contribution 
                (as defined in section 9034(c)(3)).''.

SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.

    (a) In General.--Section 315(d)(2) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
    ``(2)(A) The national committee of a political party may not make 
any expenditure in connection with the general election campaign of any 
candidate for President of the United States who is affiliated with 
such party which exceeds $100,000,000.
    ``(B) For purposes of this paragraph--
            ``(i) any expenditure made by or on behalf of a national 
        committee of a political party and in connection with a 
        Presidential election shall be considered to be made in 
        connection with the general election campaign of a candidate 
        for President of the United States who is affiliated with such 
        party; and
            ``(ii) any communication made by or on behalf of such party 
        shall be considered to be made in connection with the general 
        election campaign of a candidate for President of the United 
        States who is affiliated with such party if any portion of the 
        communication is in connection with such election.
    ``(C) Any expenditure under this paragraph shall be in addition to 
any expenditure by a national committee of a political party serving as 
the principal campaign committee of a candidate for the office of 
President of the United States.''.
    (b) Conforming Amendments Relating to Timing of Cost-of-Living 
Adjustment.--
            (1) In general.--Section 315(c)(1) of such Act (52 U.S.C. 
        30116(c)(1)) is amended--
                    (A) in subparagraph (B), by striking ``(d)'' and 
                inserting ``(d)(2)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(D) In any calendar year after 2028--
            ``(i) the dollar amount in subsection (d)(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) the amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if the amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''.
            (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 
        30116(c)(2)(B)) is amended--
                    (A) in clause (i)--
                            (i) by striking ``(d)'' and inserting 
                        ``(d)(3)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iii) for purposes of subsection (d)(2), calendar 
                year 2027.''.

SEC. 5215. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL 
              AND ACCOUNTING COMPLIANCE.

    Section 9002(11) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (A), an expense incurred by a candidate or authorized 
committee for general election legal and accounting compliance purposes 
shall be considered to be an expense to further the election of such 
candidate.''.

                         PART 3--EFFECTIVE DATE

SEC. 5221. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, this subtitle and 
the amendments made by this subtitle shall apply with respect to the 
Presidential election held in 2028 and each succeeding Presidential 
election, without regard to whether or not the Federal Election 
Commission has promulgated the final regulations necessary to carry out 
this subtitle and the amendments made by this subtitle by the deadline 
set forth in subsection (b).
    (b) Deadline for Regulations.--Not later than June 30, 2026, the 
Federal Election Commission shall promulgate such regulations as may be 
necessary to carry out this subtitle and the amendments made by this 
subtitle.

 Subtitle D--Personal Use Services as Authorized Campaign Expenditures

SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This subtitle may be cited as the ``Help America 
Run Act''.
    (b) Findings.--Congress finds the following:
            (1) Everyday Americans experience barriers to entry before 
        they can consider running for office to serve their 
        communities.
            (2) Current law states that campaign funds cannot be spent 
        on everyday expenses that would exist whether or not a 
        candidate were running for office, like childcare and food. 
        While the law seems neutral, its actual effect is to privilege 
        the independently wealthy who want to run, because given the 
        demands of running for office, candidates who must work to pay 
        for childcare or to afford health insurance are effectively 
        being left out of the process, even if they have sufficient 
        support to mount a viable campaign.
            (3) Thus current practice favors those prospective 
        candidates who do not need to rely on a regular paycheck to 
        make ends meet. The consequence is that everyday Americans who 
        have firsthand knowledge of the importance of stable childcare, 
        a safety net, or great public schools are less likely to get a 
        seat at the table. This governance by the few is antithetical 
        to the democratic experiment, but most importantly, when 
        lawmakers do not share the concerns of everyday Americans, 
        their policies reflect that.
            (4) These circumstances have contributed to a Congress that 
        does not always reflect everyday Americans. The New York Times 
        reported in 2019 that fewer than 5 percent of representatives 
        cite blue-collar or service jobs in their biographies. A 2015 
        survey by the Center for Responsive Politics showed that the 
        median net worth of lawmakers was just over $1 million in 2013, 
        or 18 times the wealth of the typical American household.
            (5) These circumstances have also contributed to a 
        governing body that does not reflect the nation it serves. For 
        instance, women are 51 percent of the American population. Yet 
        even with a record number of women serving in the One Hundred 
        Sixteenth Congress, the Pew Research Center notes that more 
        than three out of four Members of this Congress are male. The 
        Center for American Women And Politics found that one third of 
        women legislators surveyed had been actively discouraged from 
        running for office, often by political professionals. This type 
        of discouragement, combined with the prohibitions on using 
        campaign funds for domestic needs like childcare, burdens that 
        still fall disproportionately on American women, particularly 
        disadvantages working mothers. These barriers may explain why 
        only 10 women in history have given birth while serving in 
        Congress, in spite of the prevalence of working parents in 
        other professions. Yet working mothers and fathers are best 
        positioned to create policy that reflects the lived experience 
        of most Americans.
            (6) Working mothers, those caring for their elderly 
        parents, and young professionals who rely on their jobs for 
        health insurance should have the freedom to run to serve the 
        people of the United States. Their networks and net worth are 
        simply not the best indicators of their strength as prospective 
        public servants. In fact, helping ordinary Americans to run may 
        create better policy for all Americans.
    (c) Purpose.--It is the purpose of this subtitle to ensure that all 
Americans who are otherwise qualified to serve this Nation are able to 
run for office, regardless of their economic status. By expanding 
permissible uses of campaign funds and providing modest assurance that 
testing a run for office will not cost one's livelihood, the Help 
America Run Act will facilitate the candidacy of representatives who 
more accurately reflect the experiences, challenges, and ideals of 
everyday Americans.

SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE 
              SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.

    (a) Personal Use Services as Authorized Campaign Expenditure.--
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) Treatment of Payments for Child Care and Other Personal Use 
Services as Authorized Campaign Expenditure.--
            ``(1) Authorized expenditures.--For purposes of subsection 
        (a), the payment by an authorized committee of a candidate for 
        any of the personal use services described in paragraph (3) 
        shall be treated as an authorized expenditure if the services 
        are necessary to enable the participation of the candidate in 
        campaign-connected activities.
            ``(2) Limitations.--
                    ``(A) Limit on total amount of payments.--The total 
                amount of payments made by an authorized committee of a 
                candidate for personal use services described in 
                paragraph (3) may not exceed the limit which is 
                applicable under any law, rule, or regulation on the 
                amount of payments which may be made by the committee 
                for the salary of the candidate (without regard to 
                whether or not the committee makes payments to the 
                candidate for that purpose).
                    ``(B) Corresponding reduction in amount of salary 
                paid to candidate.--To the extent that an authorized 
                committee of a candidate makes payments for the salary 
                of the candidate, any limit on the amount of such 
                payments which is applicable under any law, rule, or 
                regulation shall be reduced by the amount of any 
                payments made to or on behalf of the candidate for 
                personal use services described in paragraph (3), other 
                than personal use services described in subparagraph 
                (D) of such paragraph.
                    ``(C) Exclusion of candidates who are 
                officeholders.--Paragraph (1) does not apply with 
                respect to an authorized committee of a candidate who 
                is a holder of Federal office.
            ``(3) Personal use services described.--The personal use 
        services described in this paragraph are as follows:
                    ``(A) Child care services.
                    ``(B) Elder care services.
                    ``(C) Services similar to the services described in 
                subparagraph (A) or subparagraph (B) which are provided 
                on behalf of any dependent who is a qualifying relative 
                under section 152 of the Internal Revenue Code of 1986.
                    ``(D) Health insurance premiums.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

             Subtitle E--Empowering Small Dollar Donations

SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED 
              SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL 
              DOLLAR ACCOUNTS.

    (a) Increase in Limit on Contributions to Candidates.--Section 
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting 
``exceed $5,000 or, in the case of a contribution made by a national 
committee of a political party from an account described in paragraph 
(11), exceed $10,000''.
    (b) Elimination of Limit on Coordinated Expenditures.--Section 
315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking 
``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection 
(a)(11)''.
    (c) Accounts Described.--Section 315(a) of such Act (52 U.S.C. 
30116(a)), as amended by section 4402(a), is amended by adding at the 
end the following new paragraph:
    ``(11) An account described in this paragraph is a separate, 
segregated account of a national committee of a political party 
(including a national congressional campaign committee of a political 
party) consisting exclusively of contributions made during a calendar 
year by individuals whose aggregate contributions to the committee 
during the year do not exceed $200.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act.

                        Subtitle F--Severability

SEC. 5501. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                  TITLE VI--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Restoring Integrity to America's Elections

SEC. 6001. SHORT TITLE.

    This subtitle may be cited as the ``Restoring Integrity to 
America's Elections Act''.

SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.

    (a) Reduction in Number of Members; Removal of Secretary of Senate 
and Clerk of House as Ex Officio Members.--
            (1) In general; quorum.--Section 306(a)(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is 
        amended--
                    (A) by striking the second and third sentences and 
                inserting the following: ``The Commission is composed 
                of 5 members appointed by the President by and with the 
                advice and consent of the Senate, of whom no more than 
                2 may be affiliated with the same political party. A 
                member shall be treated as affiliated with a political 
                party if the member was affiliated, including as a 
                registered voter, employee, consultant, donor, officer, 
                or attorney, with such political party or any of its 
                candidates or elected public officials at any time 
                during the 5-year period ending on the date on which 
                such individual is nominated to be a member of the 
                Commission. 3 members of the Commission shall 
                constitute a quorum.'';
                    (B) by inserting ``(A)'' after ``(1)''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(B) An individual shall not be treated as affiliated with a 
political party under subparagraph (A) solely on the basis that the 
individual has made contributions or donations to a candidate or 
political committee affiliated with such political party unless such 
individual has, within the 5-year period ending on the date on which 
such individual is nominated to be a member of the Commission--
            ``(i) made one or more contributions in an amount equal to 
        the maximum permitted by law at the time of the contribution to 
        any individual candidate, political action committee, or party 
        committee that is affiliated with such political party; or
            ``(ii) made 5 or more contributions in excess of $100 to 
        any candidate, political action committee, or party committee 
        that is affiliated with such political party.''.
            (2) Conforming amendments relating to reduction in number 
        of members.--(A) Section 306(c) of such Act (52 U.S.C. 
        30106(c)) is amended by striking the period at the end of the 
        first sentence and all that follows and inserting the 
        following: ``, except that an affirmative vote of a majority of 
        the members of the Commission who are serving at the time shall 
        be required in order for the Commission to take any action in 
        accordance with paragraph (6), (7), (8), or (9) of section 
        307(a) or with chapter 95 or chapter 96 of the Internal Revenue 
        Code of 1986. A member of the Commission may not delegate to 
        any person his or her vote or any decisionmaking authority or 
        duty vested in the Commission by the provisions of this Act''.
            (B) Such Act is further amended by striking ``affirmative 
        vote of 4 of its members'' and inserting ``affirmative vote of 
        a majority of the members of the Commission who are serving at 
        the time, provided a quorum is present'' in the following 
        sections:
                    (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
                    (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 
                30109(a)(4)(A)(i)).
                    (iii) Section 309(a)(5)(C) (52 U.S.C. 
                30109(a)(5)(C)).
                    (iv) Section 309(a)(6)(A) (52 U.S.C. 
                30109(a)(6)(A)).
                    (v) Section 311(b) (52 U.S.C. 30111(b)).
            (3) Conforming amendment relating to removal of ex officio 
        members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is 
        amended by striking ``(other than the Secretary of the Senate 
        and the Clerk of the House of Representatives)'' each place it 
        appears in paragraphs (4) and (5).
    (b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C. 
30106(a)(2)) is amended to read as follows:
            ``(2) Terms of service.--
                    ``(A) In general.--Each member of the Commission 
                shall serve for a single term of 6 years.
                    ``(B) Special rule for initial appointments.--Of 
                the members first appointed to serve terms that begin 
                in January 2022, the President shall designate 2 to 
                serve for a 3-year term.
                    ``(C) No reappointment permitted.--An individual 
                who served a term as a member of the Commission may not 
                serve for an additional term, except that--
                            ``(i) an individual who served a 3-year 
                        term under subparagraph (B) may also be 
                        appointed to serve a 6-year term under 
                        subparagraph (A); and
                            ``(ii) for purposes of this subparagraph, 
                        an individual who is appointed to fill a 
                        vacancy under subparagraph (D) shall not be 
                        considered to have served a term if the portion 
                        of the unexpired term the individual fills is 
                        less than 50 percent of the period of the term.
                    ``(D) Vacancies.--Any vacancy occurring in the 
                membership of the Commission shall be filled in the 
                same manner as in the case of the original appointment. 
                Except as provided in subparagraph (C), an individual 
                appointed to fill a vacancy occurring other than by the 
                expiration of a term of office shall be appointed only 
                for the unexpired term of the member he or she 
                succeeds.
                    ``(E) Limitation on service after expiration of 
                term.--A member of the Commission may continue to serve 
                on the Commission after the expiration of the member's 
                term for an additional period, but only until the 
                earlier of--
                            ``(i) the date on which the member's 
                        successor has taken office as a member of the 
                        Commission; or
                            ``(ii) the expiration of the 1-year period 
                        that begins on the last day of the member's 
                        term.''.
    (c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C. 
30106(a)(3)) is amended to read as follows:
            ``(3) Qualifications.--
                    ``(A) In general.--The President may select an 
                individual for service as a member of the Commission if 
                the individual has experience in election law and has a 
                demonstrated record of integrity, impartiality, and 
                good judgment.
                    ``(B) Assistance of blue ribbon advisory panel.--
                            ``(i) In general.--Prior to the regularly 
                        scheduled expiration of the term of a member of 
                        the Commission and upon the occurrence of a 
                        vacancy in the membership of the Commission 
                        prior to the expiration of a term, the 
                        President shall convene a Blue Ribbon Advisory 
                        Panel that includes individuals representing 
                        each major political party and individuals who 
                        are independent of a political party and that 
                        consists of an odd number of individuals 
                        selected by the President from retired Federal 
                        judges, former law enforcement officials, or 
                        individuals with experience in election law, 
                        except that the President may not select any 
                        individual to serve on the panel who holds any 
                        public office at the time of selection. The 
                        President shall also make reasonable efforts to 
                        encourage racial, ethnic, and gender diversity 
                        on the panel.
                            ``(ii) Recommendations.--With respect to 
                        each member of the Commission whose term is 
                        expiring or each vacancy in the membership of 
                        the Commission (as the case may be), the Blue 
                        Ribbon Advisory Panel shall recommend to the 
                        President at least one but not more than 3 
                        individuals for nomination for appointment as a 
                        member of the Commission.
                            ``(iii) Publication.--At the time the 
                        President submits to the Senate the nominations 
                        for individuals to be appointed as members of 
                        the Commission, the President shall publish the 
                        Blue Ribbon Advisory Panel's recommendations 
                        for such nominations.
                            ``(iv) Exemption from federal advisory 
                        committee act.--The Federal Advisory Committee 
                        Act (5 U.S.C. App.) does not apply to a Blue 
                        Ribbon Advisory Panel convened under this 
                        subparagraph.
                    ``(C) Prohibiting engagement with other business or 
                employment during service.--A member of the Commission 
                shall not engage in any other business, vocation, or 
                employment. Any individual who is engaging in any other 
                business, vocation, or employment at the time of his or 
                her appointment to the Commission shall terminate or 
                liquidate such activity no later than 90 days after 
                such appointment.''.

SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION 
              COMMISSION.

    (a) Appointment of Chair by President.--
            (1) In general.--Section 306(a)(5) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read 
        as follows:
            ``(5) Chair.--
                    ``(A) Initial appointment.--Of the members first 
                appointed to serve terms that begin in January 2022, 
                one such member (as designated by the President at the 
                time the President submits nominations to the Senate) 
                shall serve as Chair of the Commission.
                    ``(B) Subsequent appointments.--Any individual who 
                is appointed to succeed the member who serves as Chair 
                of the Commission for the term beginning in January 
                2022 (as well as any individual who is appointed to 
                fill a vacancy if such member does not serve a full 
                term as Chair) shall serve as Chair of the Commission.
                    ``(C) Vice chair.--The Commission shall select, by 
                majority vote of its members, one of its members to 
                serve as Vice Chair, who shall act as Chair in the 
                absence or disability of the Chair or in the event of a 
                vacancy in the position of Chair.''.
            (2) Conforming amendment.--Section 309(a)(2) of such Act 
        (52 U.S.C. 30109(a)(2)) is amended by striking ``through its 
        chairman or vice chairman'' and inserting ``through the 
        Chair''.
    (b) Powers.--
            (1) Assignment of certain powers to chair.--Section 307(a) 
        of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
    ``(a) Distribution of Powers Between Chair and Commission.--
            ``(1) Powers assigned to chair.--
                    ``(A) Administrative powers.--The Chair of the 
                Commission shall be the chief administrative officer of 
                the Commission and shall have the authority to 
                administer the Commission and its staff, and (in 
                consultation with the other members of the Commission) 
                shall have the power--
                            ``(i) to appoint and remove the staff 
                        director of the Commission;
                            ``(ii) to request the assistance (including 
                        personnel and facilities) of other agencies and 
                        departments of the United States, whose heads 
                        may make such assistance available to the 
                        Commission with or without reimbursement; and
                            ``(iii) to prepare and establish the budget 
                        of the Commission and to make budget requests 
                        to the President, the Director of the Office of 
                        Management and Budget, and Congress.
                    ``(B) Other powers.--The Chair of the Commission 
                shall have the power--
                            ``(i) to appoint and remove the general 
                        counsel of the Commission with the concurrence 
                        of at least 2 other members of the Commission;
                            ``(ii) to require by special or general 
                        orders, any person to submit, under oath, such 
                        written reports and answers to questions as the 
                        Chair may prescribe;
                            ``(iii) to administer oaths or 
                        affirmations;
                            ``(iv) to require by subpoena, signed by 
                        the Chair, the attendance and testimony of 
                        witnesses and the production of all documentary 
                        evidence relating to the execution of its 
                        duties;
                            ``(v) in any proceeding or investigation, 
                        to order testimony to be taken by deposition 
                        before any person who is designated by the 
                        Chair, and shall have the power to administer 
                        oaths and, in such instances, to compel 
                        testimony and the production of evidence in the 
                        same manner as authorized under clause (iv); 
                        and
                            ``(vi) to pay witnesses the same fees and 
                        mileage as are paid in like circumstances in 
                        the courts of the United States.
            ``(2) Powers assigned to commission.--The Commission shall 
        have the power--
                    ``(A) to initiate (through civil actions for 
                injunctive, declaratory, or other appropriate relief), 
                defend (in the case of any civil action brought under 
                section 309(a)(8) of this Act) or appeal (including a 
                proceeding before the Supreme Court on certiorari) any 
                civil action in the name of the Commission to enforce 
                the provisions of this Act and chapter 95 and chapter 
                96 of the Internal Revenue Code of 1986, through its 
                general counsel;
                    ``(B) to render advisory opinions under section 308 
                of this Act;
                    ``(C) to develop such prescribed forms and to make, 
                amend, and repeal such rules, pursuant to the 
                provisions of chapter 5 of title 5, United States Code, 
                as are necessary to carry out the provisions of this 
                Act and chapter 95 and chapter 96 of the Internal 
                Revenue Code of 1986;
                    ``(D) to conduct investigations and hearings 
                expeditiously, to encourage voluntary compliance, and 
                to report apparent violations to the appropriate law 
                enforcement authorities; and
                    ``(E) to transmit to the President and Congress not 
                later than June 1 of each year a report which states in 
                detail the activities of the Commission in carrying out 
                its duties under this Act, and which includes any 
                recommendations for any legislative or other action the 
                Commission considers appropriate.
            ``(3) Permitting commission to exercise other powers of 
        chair.--With respect to any investigation, action, or 
        proceeding, the Commission, by an affirmative vote of a 
        majority of the members who are serving at the time, may 
        exercise any of the powers of the Chair described in paragraph 
        (1)(B).''.
            (2) Conforming amendments relating to personnel 
        authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is 
        amended--
                    (A) by striking the first sentence of paragraph (1) 
                and inserting the following: ``The Commission shall 
                have a staff director who shall be appointed by the 
                Chair of the Commission in consultation with the other 
                members and a general counsel who shall be appointed by 
                the Chair with the concurrence of at least two other 
                members.'';
                    (B) in paragraph (2), by striking ``With the 
                approval of the Commission'' and inserting ``With the 
                approval of the Chair of the Commission''; and
                    (C) by striking paragraph (3).
            (3) Conforming amendment relating to budget submission.--
        Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is 
        amended by striking ``the Commission submits any budget'' and 
        inserting ``the Chair (or, pursuant to subsection (a)(3), the 
        Commission) submits any budget''.
            (4) Other conforming amendments.--Section 306(c) of such 
        Act (52 U.S.C. 30106(c)) is amended by striking ``All 
        decisions'' and inserting ``Subject to section 307(a), all 
        decisions''.
            (5) Technical amendment.--The heading of section 307 of 
        such Act (52 U.S.C. 30107) is amended by striking ``the 
        commission'' and inserting ``the chair and the commission''.

SEC. 6004. REVISION TO ENFORCEMENT PROCESS.

    (a) Standard for Initiating Investigations and Determining Whether 
Violations Have Occurred.--
            (1) Revision of standards.--Section 309(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended 
        by striking paragraphs (2) and (3) and inserting the following:
    ``(2)(A) The general counsel, upon receiving a complaint filed with 
the Commission under paragraph (1) or upon the basis of information 
ascertained by the Commission in the normal course of carrying out its 
supervisory responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1986, and as to whether or not the 
Commission should either initiate an investigation of the matter or 
that the complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such determination 
and the reasons therefore, together with any written response submitted 
under paragraph (1) by the person alleged to have committed the 
violation. Upon the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the general 
counsel's determination shall take effect, unless during such 30-day 
period the Commission, by vote of a majority of the members of the 
Commission who are serving at the time, overrules the general counsel's 
determination. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or if the 
determination by the general counsel that the complaint should be 
dismissed is overruled as provided under the previous sentence, the 
general counsel shall initiate an investigation of the matter on behalf 
of the Commission.
    ``(B) If the Commission initiates an investigation pursuant to 
subparagraph (A), the Commission, through the Chair, shall notify the 
subject of the investigation of the alleged violation. Such 
notification shall set forth the factual basis for such alleged 
violation. The Commission shall make an investigation of such alleged 
violation, which may include a field investigation or audit, in 
accordance with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent to issue a 
subpoena or conduct any other form of discovery pursuant to the 
investigation. Upon the expiration of the 15-day period which begins on 
the date the general counsel provides such notification, the general 
counsel may issue the subpoena or conduct the discovery, unless during 
such 15-day period the Commission, by vote of a majority of the members 
of the Commission who are serving at the time, prohibits the general 
counsel from issuing the subpoena or conducting the discovery.
    ``(3)(A) Upon completion of an investigation under paragraph (2), 
the general counsel shall promptly submit to the Commission the general 
counsel's recommendation that the Commission find either that there is 
probable cause or that there is not probable cause to believe that a 
person has committed, or is about to commit, a violation of this Act or 
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and 
shall include with the recommendation a brief stating the position of 
the general counsel on the legal and factual issues of the case.
    ``(B) At the time the general counsel submits to the Commission the 
recommendation under subparagraph (A), the general counsel shall 
simultaneously notify the respondent of such recommendation and the 
reasons therefore, shall provide the respondent with an opportunity to 
submit a brief within 30 days stating the position of the respondent on 
the legal and factual issues of the case and replying to the brief of 
the general counsel. The general counsel shall promptly submit such 
brief to the Commission upon receipt.
    ``(C) Not later than 30 days after the general counsel submits the 
recommendation to the Commission under subparagraph (A) (or, if the 
respondent submits a brief under subparagraph (B), not later than 30 
days after the general counsel submits the respondent's brief to the 
Commission under such subparagraph), the Commission shall approve or 
disapprove the recommendation by vote of a majority of the members of 
the Commission who are serving at the time.''.
            (2) Conforming amendment relating to initial response to 
        filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 
        30109(a)(1)) is amended--
                    (A) in the third sentence, by striking ``the 
                Commission'' and inserting ``the general counsel''; and
                    (B) by amending the fourth sentence to read as 
                follows: ``Not later than 15 days after receiving 
                notice from the general counsel under the previous 
                sentence, the person may provide the general counsel 
                with a written response that no action should be taken 
                against such person on the basis of the complaint.''.
    (b) Revision of Standard for Review of Dismissal of Complaints.--
            (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 
        30109(a)(8)) is amended to read as follows:
    ``(8)(A)(i) Any party aggrieved by an order of the Commission 
dismissing a complaint filed by such party may file a petition with the 
United States District Court for the District of Columbia. Any petition 
under this subparagraph shall be filed within 60 days after the date on 
which the party received notice of the dismissal of the complaint.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's dismissal of the 
complaint is contrary to law. In any matter in which the penalty for 
the alleged violation is greater than $50,000, the court should 
disregard any claim or defense by the Commission of prosecutorial 
discretion as a basis for dismissing the complaint.
    ``(B)(i) Any party who has filed a complaint with the Commission 
and who is aggrieved by a failure of the Commission, within one year 
after the filing of the complaint, to act on such complaint, may file a 
petition with the United States District Court for the District of 
Columbia.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's failure to act on the 
complaint is contrary to law.
    ``(C) In any proceeding under this paragraph the court may declare 
that the dismissal of the complaint or the failure to act is contrary 
to law, and may direct the Commission to conform with such declaration 
within 30 days, failing which the complainant may bring, in the name of 
such complainant, a civil action to remedy the violation involved in 
the original complaint.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply--
                    (A) in the case of complaints which are dismissed 
                by the Federal Election Commission, with respect to 
                complaints which are dismissed on or after the date of 
                the enactment of this Act; and
                    (B) in the case of complaints upon which the 
                Federal Election Commission failed to act, with respect 
                to complaints which were filed on or after the date of 
                the enactment of this Act.

SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY 
              OPINIONS BY PERSONS OPPOSING THE REQUESTS.

    (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is 
amended by adding at the end the following new subsection:
    ``(e) To the extent that the Commission provides an opportunity for 
a person requesting an advisory opinion under this section (or counsel 
for such person) to appear before the Commission to present testimony 
in support of the request, and the person (or counsel) accepts such 
opportunity, the Commission shall provide a reasonable opportunity for 
an interested party who submitted written comments under subsection (d) 
in response to the request (or counsel for such interested party) to 
appear before the Commission to present testimony in response to the 
request.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to requests for advisory opinions under section 308 
of the Federal Election Campaign Act of 1971 which are made on or after 
the date of the enactment of this Act.

SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.

    (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended 
by striking ``, and that end on or before December 31, 2023''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2021.

SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

    Section 306(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(e)) is amended--
            (1) by striking ``(e) The Commission'' and inserting 
        ``(e)(1) The Commission''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Members and employees of the Commission shall be subject to 
limitations on ex parte communications, as provided in the regulations 
promulgated by the Commission regarding such communications which are 
in effect on the date of the enactment of this paragraph.''.

SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN 
              SUPREME COURT.

    (a) Clarifying Authority.--Section 306(f)(4) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by 
striking ``any action instituted under this Act, either (A) by 
attorneys'' and inserting ``any action instituted under this Act, 
including an action before the Supreme Court of the United States, 
either (A) by the General Counsel of the Commission and other 
attorneys''.
    (b) Effective Date.--The amendment made by paragraph (1) shall 
apply with respect to actions instituted before, on, or after the date 
of the enactment of this Act.

SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

    (a) Requirement.--Section 311(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and shall ensure 
that all such forms (including forms in an electronic format) permit 
the person using the form to include an accent mark as part of the 
person's identification;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the expiration of the 90-day period which begins on 
the date of the enactment of this Act.

SEC. 6010. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER 
              THE FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Civil Offenses.--Section 309(a) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after 
paragraph (9) the following new paragraph:
    ``(10) No person shall be subject to a civil penalty under this 
subsection with respect to a violation of this Act unless a complaint 
is filed with the Commission with respect to the violation under 
paragraph (1), or the Commission responds to information with respect 
to the violation which is ascertained in the normal course of carrying 
out its supervisory responsibilities under paragraph (2), not later 
than 10 years after the date on which the violation occurred.''.
    (b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 
30145(a)) is amended by striking ``5 years'' and inserting ``10 
years''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring on or after the date of 
enactment of this Act.

SEC. 6011. EFFECTIVE DATE; TRANSITION.

    (a) In General.--Except as otherwise provided, the amendments made 
by this subtitle shall apply beginning January 1, 2022.
    (b) Transition.--
            (1) Termination of service of current members.--
        Notwithstanding any provision of the Federal Election Campaign 
        Act of 1971, the term of any individual serving as a member of 
        the Federal Election Commission as of December 31, 2021, shall 
        expire on that date.
            (2) No effect on existing cases or proceedings.--Nothing in 
        this subtitle or in any amendment made by this subtitle shall 
        affect any of the powers exercised by the Federal Election 
        Commission prior to December 31, 2021, including any 
        investigation initiated by the Commission prior to such date or 
        any proceeding (including any enforcement action) pending as of 
        such date.

         Subtitle B--Stopping Super PAC-Candidate Coordination

SEC. 6101. SHORT TITLE.

    This subtitle may be cited as the ``Stop Super PAC-Candidate 
Coordination Act''.

SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS 
              CONTRIBUTIONS TO CANDIDATES.

    (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is 
amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(iii) any payment made by any person (other than 
                a candidate, an authorized committee of a candidate, or 
                a political committee of a political party) for a 
                coordinated expenditure (as such term is defined in 
                section 326) which is not otherwise treated as a 
                contribution under clause (i) or clause (ii).''.
    (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.), 
as amended by section 4421 and section 4802(a), is amended by adding at 
the end the following new section:

``SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES.

    ``(a) Coordinated Expenditures.--
            ``(1) In general.--For purposes of section 301(8)(A)(iii), 
        the term `coordinated expenditure' means--
                    ``(A) any expenditure, or any payment for a covered 
                communication described in subsection (d), which is 
                made in cooperation, consultation, or concert with, or 
                at the request or suggestion of, a candidate, an 
                authorized committee of a candidate, a political 
                committee of a political party, or agents of the 
                candidate or committee, as defined in subsection (b); 
                or
                    ``(B) any payment for any communication which 
                republishes, disseminates, or distributes, in whole or 
                in part, any video or broadcast or any written, 
                graphic, or other form of campaign material prepared by 
                the candidate or committee or by agents of the 
                candidate or committee (including any excerpt or use of 
                any video from any such broadcast or written, graphic, 
                or other form of campaign material).
            ``(2) Exception for payments for certain communications.--A 
        payment for a communication (including a covered communication 
        described in subsection (d)) shall not be treated as a 
        coordinated expenditure under this subsection if--
                    ``(A) the communication appears in a news story, 
                commentary, or editorial distributed through the 
                facilities of any broadcasting station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) the communication constitutes a candidate 
                debate or forum conducted pursuant to regulations 
                adopted by the Commission pursuant to section 
                304(f)(3)(B)(iii), or which solely promotes such a 
                debate or forum and is made by or on behalf of the 
                person sponsoring the debate or forum.
    ``(b) Coordination Described.--
            ``(1) In general.--For purposes of this section, a payment 
        is made `in cooperation, consultation, or concert with, or at 
        the request or suggestion of,' a candidate, an authorized 
        committee of a candidate, a political committee of a political 
        party, or agents of the candidate or committee, if the payment, 
        or any communication for which the payment is made, is not made 
        entirely independently of the candidate, committee, or agents. 
        For purposes of the previous sentence, a payment or 
        communication not made entirely independently of the candidate 
        or committee includes any payment or communication made 
        pursuant to any general or particular understanding with, or 
        pursuant to any communication with, the candidate, committee, 
        or agents about the payment or communication.
            ``(2) No finding of coordination based solely on sharing of 
        information regarding legislative or policy position.--For 
        purposes of this section, a payment shall not be considered to 
        be made by a person in cooperation, consultation, or concert 
        with, or at the request or suggestion of, a candidate or 
        committee, solely on the grounds that the person or the 
        person's agent engaged in discussions with the candidate or 
        committee, or with any agent of the candidate or committee, 
        regarding that person's position on a legislative or policy 
        matter (including urging the candidate or committee to adopt 
        that person's position), so long as there is no communication 
        between the person and the candidate or committee, or any agent 
        of the candidate or committee, regarding the candidate's or 
        committee's campaign advertising, message, strategy, policy, 
        polling, allocation of resources, fundraising, or other 
        campaign activities.
            ``(3) No effect on party coordination standard.--Nothing in 
        this section shall be construed to affect the determination of 
        coordination between a candidate and a political committee of a 
        political party for purposes of section 315(d).
            ``(4) No safe harbor for use of firewall.--A person shall 
        be determined to have made a payment in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a candidate or committee, in accordance with this section 
        without regard to whether or not the person established and 
        used a firewall or similar procedures to restrict the sharing 
        of information between individuals who are employed by or who 
        are serving as agents for the person making the payment.
    ``(c) Payments by Coordinated Spenders for Covered 
Communications.--
            ``(1) Payments made in cooperation, consultation, or 
        concert with candidates.--For purposes of subsection (a)(1)(A), 
        if the person who makes a payment for a covered communication, 
        as defined in subsection (d), is a coordinated spender under 
        paragraph (2) with respect to the candidate as described in 
        subsection (d)(1), the payment for the covered communication is 
        made in cooperation, consultation, or concert with the 
        candidate.
            ``(2) Coordinated spender defined.--For purposes of this 
        subsection, the term `coordinated spender' means, with respect 
        to a candidate or an authorized committee of a candidate, a 
        person (other than a political committee of a political party) 
        for which any of the following applies:
                    ``(A) During the 4-year period ending on the date 
                on which the person makes the payment, the person was 
                directly or indirectly formed or established by or at 
                the request or suggestion of, or with the encouragement 
                of, the candidate (including an individual who later 
                becomes a candidate) or committee or agents of the 
                candidate or committee, including with the approval of 
                the candidate or committee or agents of the candidate 
                or committee.
                    ``(B) The candidate or committee or any agent of 
                the candidate or committee solicits funds, appears at a 
                fundraising event, or engages in other fundraising 
                activity on the person's behalf during the election 
                cycle involved, including by providing the person with 
                names of potential donors or other lists to be used by 
                the person in engaging in fundraising activity, 
                regardless of whether the person pays fair market value 
                for the names or lists provided. For purposes of this 
                subparagraph, the term `election cycle' means, with 
                respect to an election for Federal office, the period 
                beginning on the day after the date of the most recent 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election) and ending on the date of the next 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election).
                    ``(C) The person is established, directed, or 
                managed by the candidate or committee or by any person 
                who, during the 4-year period ending on the date on 
                which the person makes the payment, has been employed 
                or retained as a political, campaign media, or 
                fundraising adviser or consultant for the candidate or 
                committee or for any other entity directly or 
                indirectly controlled by the candidate or committee, or 
                has held a formal position with the candidate or 
                committee (including a position as an employee of the 
                office of the candidate at any time the candidate held 
                any Federal, State, or local public office during the 
                4-year period).
                    ``(D) The person has retained the professional 
                services of any person who, during the 2-year period 
                ending on the date on which the person makes the 
                payment, has provided or is providing professional 
                services relating to the campaign to the candidate or 
                committee, without regard to whether the person 
                providing the professional services used a firewall. 
                For purposes of this subparagraph, the term 
                `professional services' includes any services in 
                support of the candidate's or committee's campaign 
                activities, including advertising, message, strategy, 
                policy, polling, allocation of resources, fundraising, 
                and campaign operations, but does not include 
                accounting or legal services.
                    ``(E) The person is established, directed, or 
                managed by a member of the immediate family of the 
                candidate, or the person or any officer or agent of the 
                person has had more than incidental discussions about 
                the candidate's campaign with a member of the immediate 
                family of the candidate. For purposes of this 
                subparagraph, the term `immediate family' has the 
                meaning given such term in section 9004(e) of the 
                Internal Revenue Code of 1986.
    ``(d) Covered Communication Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `covered communication' means, with respect to a candidate or 
        an authorized committee of a candidate, a public communication 
        (as defined in section 301(22)) which--
                    ``(A) expressly advocates the election of the 
                candidate or the defeat of an opponent of the candidate 
                (or contains the functional equivalent of express 
                advocacy);
                    ``(B) promotes or supports the election of the 
                candidate, or attacks or opposes the election of an 
                opponent of the candidate (regardless of whether the 
                communication expressly advocates the election or 
                defeat of a candidate or contains the functional 
                equivalent of express advocacy); or
                    ``(C) refers to the candidate or an opponent of the 
                candidate but is not described in subparagraph (A) or 
                subparagraph (B), but only if the communication is 
                disseminated during the applicable election period.
            ``(2) Applicable election period.--In paragraph (1)(C), the 
        `applicable election period' with respect to a communication 
        means--
                    ``(A) in the case of a communication which refers 
                to a candidate in a general, special, or runoff 
                election, the 120-day period which ends on the date of 
                the election; or
                    ``(B) in the case of a communication which refers 
                to a candidate in a primary or preference election, or 
                convention or caucus of a political party that has 
                authority to nominate a candidate, the 60-day period 
                which ends on the date of the election or convention or 
                caucus.
            ``(3) Special rules for communications involving 
        congressional candidates.--For purposes of this subsection, a 
        public communication shall not be considered to be a covered 
        communication with respect to a candidate for election for an 
        office other than the office of President or Vice President 
        unless it is publicly disseminated or distributed in the 
        jurisdiction of the office the candidate is seeking.
    ``(e) Penalty.--
            ``(1) Determination of amount.--Any person who knowingly 
        and willfully commits a violation of this Act by making a 
        contribution which consists of a payment for a coordinated 
        expenditure shall be fined an amount equal to the greater of--
                    ``(A) in the case of a person who makes a 
                contribution which consists of a payment for a 
                coordinated expenditure in an amount exceeding the 
                applicable contribution limit under this Act, 300 
                percent of the amount by which the amount of the 
                payment made by the person exceeds such applicable 
                contribution limit; or
                    ``(B) in the case of a person who is prohibited 
                under this Act from making a contribution in any 
                amount, 300 percent of the amount of the payment made 
                by the person for the coordinated expenditure.
            ``(2) Joint and several liability.--Any director, manager, 
        or officer of a person who is subject to a penalty under 
        paragraph (1) shall be jointly and severally liable for any 
        amount of such penalty that is not paid by the person prior to 
        the expiration of the 1-year period which begins on the date 
        the Commission imposes the penalty or the 1-year period which 
        begins on the date of the final judgment following any judicial 
        review of the Commission's action, whichever is later.''.
    (c) Effective Date.--
            (1) Repeal of existing regulations on coordination.--
        Effective upon the expiration of the 90-day period which begins 
        on the date of the enactment of this Act--
                    (A) the regulations on coordinated communications 
                adopted by the Federal Election Commission which are in 
                effect on the date of the enactment of this Act (as set 
                forth under the heading ``Coordination'' in subpart C 
                of part 109 of title 11, Code of Federal Regulations) 
                are repealed; and
                    (B) the Federal Election Commission shall 
                promulgate new regulations on coordinated 
                communications which reflect the amendments made by 
                this Act.
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to payments made on or after the 
        expiration of the 120-day period which begins on the date of 
        the enactment of this Act, without regard to whether or not the 
        Federal Election Commission has promulgated regulations in 
        accordance with paragraph (1)(B) as of the expiration of such 
        period.

SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY 
              FEDERAL CANDIDATES AND OFFICEHOLDERS.

    (a) In General.--Section 323(e)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) solicit, receive, direct, or transfer funds 
                to or on behalf of any political committee which 
                accepts donations or contributions that do not comply 
                with the limitations, prohibitions, and reporting 
                requirements of this Act (or to or on behalf of any 
                account of a political committee which is established 
                for the purpose of accepting such donations or 
                contributions), or to or on behalf of any political 
                organization under section 527 of the Internal Revenue 
                Code of 1986 which accepts such donations or 
                contributions (other than a committee of a State or 
                local political party or a candidate for election for 
                State or local office).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after January 1, 2022.

           Subtitle C--Disposal of Contributions or Donations

SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DISPOSAL OF 
              CONTRIBUTIONS OR DONATIONS.

    Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30114), as amended by section 5113 and section 5302, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Disposal.--
            ``(1) Timeframe.--Contributions or donations described in 
        subsection (a) may only be used--
                    ``(A) in the case of an individual who is not a 
                candidate with respect to an election for any Federal 
                office for a 6-year period beginning on the day after 
                the date of the most recent such election in which the 
                individual was a candidate for any such office, during 
                such 6-year period;
                    ``(B) in the case of an individual who becomes a 
                registered lobbyist under the Lobbying Disclosure Act 
                of 1995, before the date on which such individual 
                becomes such a registered lobbyist; or
                    ``(C) in the case of an individual who becomes an 
                agent of a foreign principal that would require 
                registration under section 2 of the Foreign Agents 
                Registration Act of 1938, as amended (22 U.S.C. 612), 
                before the date on which such individual becomes such 
                an agent of a foreign principal.
            ``(2) Means of disposal; prioritization.--Beginning on the 
        date the 6-year period described in subparagraph (A) of 
        paragraph (1) ends (or, in the case of an individual described 
        in subparagraph (B) of such paragraph, the date on which the 
        individual becomes a registered lobbyist under the Lobbying 
        Disclosure Act of 1995, or, in the case of an individual 
        described in subparagraph (C) of such paragraph, the date on 
        which the individual becomes a registered agent of a foreign 
        principal under the Foreign Agents Registration Act of 1938, as 
        amended), contributions or donations that remain available to 
        an individual described in such paragraph shall be disposed of, 
        not later than 30 days after such date, as follows:
                    ``(A) First, to pay any debts or obligations owed 
                in connection with the campaign for election for 
                Federal office of the individual.
                    ``(B) Second, to the extent such contribution or 
                donations remain available after the application of 
                subparagraph (A), through any of the following means of 
                disposal (or a combination thereof), in any order the 
                individual considers appropriate:
                            ``(i) Returning such contributions or 
                        donations to the individuals, entities, or 
                        both, who made such contributions or donations.
                            ``(ii) Making contributions to an 
                        organization described in section 170(c) of the 
                        Internal Revenue Code of 1986.
                            ``(iii) Making transfers to a national, 
                        State, or local committee of a political 
                        party.''.

SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDIVIDUALS.

    (a) In General.--In the case of an individual described in 
subsection (b), any contributions or donations remaining available to 
the individual shall be disposed of--
            (1) not later than one year after the date of the enactment 
        of this section; and
            (2) in accordance with the prioritization specified in 
        subparagraphs (A) through (D) of subsection (c)(2) of section 
        313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
        30114), as amended by section 6201.
    (b) Individuals Described.--An individual described in this 
subsection is an individual who, as of the date of the enactment of 
this section--
            (1)(A) is not a candidate with respect to an election for 
        any Federal office for a period of not less than 6 years 
        beginning on the day after the date of the most recent such 
        election in which the individual was a candidate for any such 
        office; or
            (B) is an individual who becomes a registered lobbyist 
        under the Lobbying Disclosure Act of 1995; and
            (2) would be in violation of subsection (c) of section 313 
        of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), 
        as amended by section 6201.

Subtitle D--Recommendations to Ensure Filing of Reports Before Date of 
                                Election

SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF REPORTS BEFORE DATE OF 
              ELECTION.

    Not later than 180 days after the date of the enactment of this 
Act, the Federal Election Commission shall submit a report to Congress 
providing recommendations, including recommendations for changes to 
existing law, on how to ensure that each political committee under the 
Federal Election Campaign Act of 1971, including a committee which 
accepts donations or contributions that do not comply with the 
limitations, prohibitions, and reporting requirements of such Act, will 
file a report under section 304 of such Act prior to the date of the 
election for which the committee receives contributions or makes 
disbursements, without regard to the date on which the committee first 
registered under such Act, and shall include specific recommendations 
to ensure that such committees will not delay until after the date of 
the election the reporting of the identification of persons making 
contributions that will be used to repay debt incurred by the 
committee.

                        Subtitle E--Severability

SEC. 6401. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                           DIVISION C--ETHICS

                      TITLE VII--ETHICAL STANDARDS

                    Subtitle A--Supreme Court Ethics

SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES.

    (a) In General.--Chapter 57 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 964. Code of conduct
    ``Not later than 1 year after the date of the enactment of this 
section, the Judicial Conference shall issue a code of conduct, which 
applies to each justice and judge of the United States, except that the 
code of conduct may include provisions that are applicable only to 
certain categories of judges or justices.''.
    (b) Clerical Amendment.--The table of sections for chapter 57 of 
title 28, United States Code, is amended by adding after the item 
related to section 963 the following:

``964. Code of conduct.''.

                Subtitle B--Foreign Agents Registration

SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT 
              WITHIN DEPARTMENT OF JUSTICE.

    Section 8 of the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 618) is amended by adding at the end the following 
new subsection:
    ``(i) Dedicated Enforcement Unit.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of this subsection, the Attorney General 
        shall establish a unit within the counterespionage section of 
        the National Security Division of the Department of Justice 
        with responsibility for the enforcement of this Act.
            ``(2) Powers.--The unit established under this subsection 
        is authorized to--
                    ``(A) take appropriate legal action against 
                individuals suspected of violating this Act; and
                    ``(B) coordinate any such legal action with the 
                United States Attorney for the relevant jurisdiction.
            ``(3) Consultation.--In operating the unit established 
        under this subsection, the Attorney General shall, as 
        appropriate, consult with the Director of National 
        Intelligence, the Secretary of Homeland Security, and the 
        Secretary of State.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out the activities of 
        the unit established under this subsection $10,000,000 for 
        fiscal year 2021 and each succeeding fiscal year.''.

SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.

    (a) Establishing Authority.--Section 8 of the Foreign Agents 
Registration Act of 1938, as amended (22 U.S.C. 618), is amended by 
inserting after subsection (c) the following:
    ``(d) Civil Money Penalties.--
            ``(1) Registration statements.--A person who fails to file 
        timely, or to complete, a registration statement in accordance 
        with section 2(a) shall be subject to a civil money penalty of 
        not more than $10,000 per violation.
            ``(2) Supplements.--A person who fails to file timely, or 
        to complete, any supplement in accordance with section 2(b) 
        shall be subject to a civil money penalty of not more than 
        $1,000 per violation.
            ``(3) Other violations.--
                    ``(A) Definition of covered person.--In this 
                paragraph, the term `covered person' means a person 
                that knowingly fails--
                            ``(i) to remedy a defective filing by the 
                        date that is 60 days after the date of receipt 
                        of a notice from the Attorney General 
                        describing the defect; or
                            ``(ii) to comply with any other applicable 
                        provision of this Act.
                    ``(B) Penalty.--On proof, by a preponderance of the 
                evidence, of a knowing failure described in 
                subparagraph (A), the applicable covered person shall 
                be subject to a civil money penalty of not more than 
                $200,000, as determined based on the extent and gravity 
                of the failure.
            ``(4) No fines paid by foreign principals.--A civil money 
        penalty under paragraph (1), (2), or (3) may not be paid, 
        directly or indirectly, by a foreign principal.
            ``(5) Use of fines.--All civil money penalties collected 
        under this subsection shall be used to pay the costs of the 
        enforcement unit established under subsection (i)(1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL 
              VALUE CONFERRED ON OFFICEHOLDERS.

    (a) Requiring Agents To Disclose Known Transactions.--
            (1) In general.--Section 2(a) of the Foreign Agents 
        Registration Act of 1938, as amended (22 U.S.C. 612(a)) is 
        amended--
                    (A) by redesignating paragraphs (10) and (11) as 
                paragraphs (11) and (12); and
                    (B) by inserting after paragraph (9) the following 
                new paragraph:
            ``(10) To the extent that the registrant has knowledge of 
        any transaction which occurred in the preceding 60 days and in 
        which the foreign principal for whom the registrant is acting 
        as an agent conferred on a Federal or State officeholder any 
        thing of financial value, including a gift, profit, salary, 
        favorable regulatory treatment, or any other direct or indirect 
        economic or financial benefit, a detailed statement describing 
        each such transaction.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to statements filed on or after the 
        expiration of the 90-day period which begins on the date of the 
        enactment of this Act.
    (b) Supplemental Disclosure for Current Registrants.--Not later 
than the expiration of the 90-day period which begins on the date of 
the enactment of this Act, each registrant who (prior to the expiration 
of such period) filed a registration statement with the Attorney 
General under section 2(a) of the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any 
transaction described in paragraph (10) of section 2(a) of such Act (as 
added by subsection (a)(1)) which occurred at any time during which the 
registrant was an agent of the foreign principal involved, shall file 
with the Attorney General a supplement to such statement under oath, on 
a form prescribed by the Attorney General, containing a detailed 
statement describing each such transaction.

SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS.

    (a) Digitized Format Required.--Section 2(g) of the Foreign Agents 
Registration Act of 1938, as amended (22 U.S.C. 612(g)), is amended by 
striking ``in electronic form'' and inserting ``in a digitized format 
in order to enable the Attorney General to meet the requirements of 
section 6(d)(1)''.
    (b) Requirements for Electronic Database of Registration Statements 
and Updates.--Section 6(d)(1) of the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 616(d)(1)), is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``to the extent technically practicable,''; and
            (2) in subparagraph (A), by inserting ``, in a digitized 
        format,'' after ``includes''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to statements, supplements, and amendments filed 
under section 2 of the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 612), on or after the date that is 180 days after 
the date of enactment of this Act.

                 Subtitle C--Lobbying Disclosure Reform

SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO 
              REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995.

    (a) Treatment of Counseling Services in Support of Lobbying 
Contacts as Lobbying Activity.--Section 3(7) of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1602(7)) is amended--
            (1) by striking ``efforts'' and inserting ``any efforts''; 
        and
            (2) by striking ``research and other background work'' and 
        inserting the following: ``counseling in support of such 
        preparation and planning activities, research, and other 
        background work''.
    (b) Treatment of Lobbying Contact Made With Support of Counseling 
Services as Lobbying Contact Made by Individual Providing Services.--
Section 3(8) of such Act (2 U.S.C. 1602(8)) is amended by adding at the 
end the following new subparagraph:
                    ``(C) Treatment of providers of counseling 
                services.--Any individual, with authority to direct or 
                substantially influence a lobbying contact or contacts 
                made by another individual, and for financial or other 
                compensation provides counseling services in support of 
                preparation and planning activities which are treated 
                as lobbying activities under paragraph (7) for that 
                other individual's lobbying contact or contacts and who 
                has knowledge that the specific lobbying contact or 
                contacts were made, shall be considered to have made 
                the same lobbying contact at the same time and in the 
                same manner to the covered executive branch official or 
                covered legislative branch official involved.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to lobbying contacts made on or after the date of 
the enactment of this Act.

SEC. 7202. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS LOBBYISTS UPON 
              MAKING ANY LOBBYING CONTACTS.

    (a) Mandatory Disclosure at Time of Contact.--Section 14 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Requiring Identification at Time of Lobbying Contact.--Any 
person or entity that makes a lobbying contact with a covered 
legislative branch official or a covered executive branch official 
shall, at the time of the lobbying contact--
            ``(1) indicate whether the person or entity is registered 
        under this chapter and identify the client on whose behalf the 
        lobbying contact is made; and
            ``(2) indicate whether such client is a foreign entity and 
        identify any foreign entity required to be disclosed under 
        section 4(b)(4) that has a direct interest in the outcome of 
        the lobbying activity.''; and
            (2) by redesignating subsection (c) as subsection (b).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to lobbying contacts made on or after the date of 
the enactment of this Act.

             Subtitle D--Recusal of Presidential Appointees

SEC. 7301. RECUSAL OF APPOINTEES.

    Section 208 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e)(1) Any officer or employee appointed by the President, other 
than an officer or employee who serves in the Executive Office of the 
President, shall recuse himself or herself from any particular matter 
involving specific parties in which a party to that matter is--
            ``(A) the President who appointed the officer or employee, 
        which--
                    ``(i) shall include a party that is an entity in 
                which the President has a substantial interest; and
                    ``(ii) shall not include a particular matter in 
                which--
                            ``(I) the President is a party to 
                        litigation in his or her official capacity; or
                            ``(II) the outcome of the particular matter 
                        would have a direct bearing on the President's 
                        ability to carry out his or her constitutional 
                        duties; or
            ``(B) the spouse of the President who appointed the officer 
        or employee, which shall include a party that is an entity in 
        which the spouse of the President has a substantial interest.
    ``(2)(A)(i) Subject to subparagraph (B), if an officer or employee 
is recused under paragraph (1), a career appointee in the agency of the 
officer or employee shall perform the functions and duties of the 
officer or employee with respect to the matter.
    ``(ii) The most senior career appointee in the agency, or component 
of the agency if applicable, of an officer or employee recused under 
paragraph (1) (or the designee of such career appointee) shall perform 
the functions and duties of the recused officer or employee, and such 
career appointee shall perform those functions and duties until the 
particular matter concludes, unless the head of the agency determines 
in writing that good cause exists to reassign those functions and 
duties to a different career appointee.
    ``(B)(i) In this subparagraph, the term `Commission' means a board, 
commission, or other agency for which the authority of the agency is 
vested in more than 1 member.
    ``(ii) If the recusal of a member of a Commission from a matter 
under paragraph (1) would result in there not being a statutorily 
required quorum of members of the Commission available to participate 
in the matter, notwithstanding such statute or any other provision of 
law, the members of the Commission not recused under paragraph (1) 
may--
            ``(I) consider the matter without regard to the quorum 
        requirement under such statute;
            ``(II) delegate the authorities and responsibilities of the 
        Commission with respect to the matter to a subcommittee of the 
        Commission; or
            ``(III) designate an officer or employee of the Commission 
        who was not appointed by the President who appointed the member 
        of the Commission recused from the matter to exercise the 
        authorities and duties of the recused member with respect to 
        the matter.
    ``(3) Any officer or employee who violates paragraph (1) shall be 
subject to the penalties set forth in section 216.
    ``(f) For purposes of this section, the term `particular matter' 
shall have the meaning given the term in section 207(i).''.

           Subtitle E--Clearinghouse on Lobbying Information

SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE.

    (a) Establishment.--The Attorney General shall establish and 
operate within the Department of Justice a clearinghouse through which 
members of the public may obtain copies (including in electronic form) 
of registration statements filed under the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 611 et seq.).
    (b) Format.--The Attorney General shall ensure that the information 
in the clearinghouse established under this section is maintained in a 
searchable and sortable format.
    (c) Agreements With Clerk of House and Secretary of the Senate.--
The Attorney General shall enter into such agreements with the Clerk of 
the House of Representatives and the Secretary of the Senate as may be 
necessary for the Attorney General to obtain registration statements 
filed with the Clerk and the Secretary under the Lobbying Disclosure 
Act of 1995 for inclusion in the clearinghouse.

                      Subtitle F--Foreign Lobbying

SEC. 7501. PROHIBITION ON FOREIGN LOBBYING.

    (a) In General.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 
et seq.) is amended--
            (1) by redesignating section 26 (2 U.S.C. 1614) as section 
        27; and
            (2) by inserting after section 25 (2 U.S.C. 1613) the 
        following:

``SEC. 26. PROHIBITION ON FOREIGN LOBBYING.

    ``(a) Definition.--In this section--
            ``(1) the term `covered lobbyist' means--
                    ``(A) a lobbyist that is registered or is required 
                to register under section 4(a)(1);
                    ``(B) an organization that employs 1 or more 
                lobbyists and is registered, or is required to 
                register, under section 4(a)(2); and
                    ``(C) an employee listed or required to be listed 
                as a lobbyist by a registrant under section 4(b)(6) or 
                5(b)(2)(C); and
            ``(2) the terms `information-service employee', `public-
        relations counsel', and `publicity agent' have the meanings 
        given those terms in section 1 of the Foreign Agents 
        Registration Act of 1938, as amended (22 U.S.C. 611).
    ``(b) Prohibition.--Except as provided in subsection (c), a covered 
lobbyist may not accept financial or other compensation for services 
that include lobbying activities on behalf of a foreign entity.
    ``(c) Exemptions.--The prohibition under subsection (b) shall not 
apply the following covered lobbyists:
            ``(1) Diplomatic or consular officers.--A duly accredited 
        diplomatic or consular officer of a foreign government who is 
        so recognized by the Department of State, while the officer is 
        engaged exclusively in activities that are recognized by the 
        Department of State as being within the scope of the functions 
        of the officer.
            ``(2) Officials of foreign governments.--An official of a 
        foreign government, if that government is recognized by the 
        United States, who is not a public-relations counsel, a 
        publicity agent, or an information-service employee, or a 
        citizen of the United States, whose name and status and the 
        character of whose duties as an official are of public record 
        in the Department of State, while said official is engaged 
        exclusively in activities that are recognized by the Department 
        of State as being within the scope of the functions of the 
        official.
            ``(3) Staff members of diplomatic or consular officers.--A 
        member of the staff of, or any person employed by, a duly 
        accredited diplomatic or consular officer of a foreign 
        government who is so recognized by the Department of State, 
        other than a public-relations counsel, a publicity agent, or an 
        information-service employee, whose name and status and the 
        character of whose duties as such member or employee are of 
        public record in the Department of State, while the member or 
        employee is engaged exclusively in the performance of 
        activities that are recognized by the Department of State as 
        being within the scope of the functions of the member or 
        employee.
            ``(4) Persons engaging or agreeing to engage in the 
        soliciting or collecting of funds for humanitarian relief.--A 
        person engaging or agreeing to engage only in the soliciting or 
        collecting of funds and contributions within the United States 
        to be used only for medical aid and assistance, or for food and 
        clothing to relieve human suffering, if the solicitation or 
        collection of funds and contributions is in accordance with, 
        and subject to, the provisions of the Neutrality Act of 1939 
        (22 U.S.C. 441 et seq.), and such rules and regulations as may 
        be prescribed thereunder.
            ``(5) Certain persons qualified to practice law.--
                    ``(A) In general.--A person qualified to practice 
                law, insofar as the person engages, or agrees to engage 
                in, the legal representation of a disclosed foreign 
                entity before any court of law or any agency of the 
                Government of the United States.
                    ``(B) Legal representation.--For the purpose of 
                this paragraph, legal representation does not include 
                any attempt to influence or persuade agency personnel 
                or officials other than in the course of--
                            ``(i) a judicial proceeding;
                            ``(ii) a criminal or civil law enforcement 
                        inquiry, investigation, or proceeding; or
                            ``(iii) an agency proceeding required by 
                        statute or regulation to be conducted on the 
                        record.
    ``(d) Penalties.--Any person who knowingly violates this section 
shall be fined not more than $200,000, imprisoned for not more than 5 
years, or both, and any compensation received for engaging in the 
unlawful activity shall be subject to disgorgement.''.
    (b) Conforming Amendment.--Section 7 of the Lobbying Disclosure Act 
of 1995 (2 U.S.C. 1606) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``Whoever'' and inserting ``Except as 
        otherwise provided in this Act, whoever''; and
            (2) in subsection (b), by striking ``Whoever'' and 
        inserting ``Except as otherwise provided in this Act, 
        whoever''.

                        Subtitle G--Severability

SEC. 7601. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

   TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND 
                     FEDERAL OFFICERS AND EMPLOYEES

           Subtitle A--Executive Branch Conflict of Interest

SEC. 8001. SHORT TITLE.

    This subtitle may be cited as the ``Executive Branch Conflict of 
Interest Act''.

SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT 
              SERVICE.

    Section 209 of title 18, United States Code, is amended--
            (1) in subsection (a),
                    (A) by striking ``any salary'' and inserting ``any 
                salary (including a bonus)''; and
                    (B) by striking ``as compensation for his 
                services'' and inserting ``at any time, as compensation 
                for serving''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2) For purposes of paragraph (1), a pension, retirement, group 
life, health or accident insurance, profit-sharing, stock bonus, or 
other employee welfare or benefit plan that makes payment of any 
portion of compensation contingent on accepting a position in the 
United States Government shall not be considered bona fide.''.

SEC. 8003. REQUIREMENTS RELATING TO SLOWING REVOLVING DOOR.

    The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by 
adding at the end the following:

        ``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES

``SEC. 601. DEFINITIONS.

    ``In this title:
            ``(1) Covered agency.--
                    ``(A) In general.--The term `covered agency' 
                means--
                            ``(i) an Executive agency (as defined in 
                        section 105 of title 5, United States Code);
                            ``(ii) the Postal Service; and
                            ``(iii) the Postal Rate Commission.
                    ``(B) Inclusion.--The term `covered agency' 
                includes the Executive Office of the President.
                    ``(C) Exclusions.--The term `covered agency' does 
                not include--
                            ``(i) the Government Accountability Office; 
                        or
                            ``(ii) the government of the District of 
                        Columbia.
            ``(2) Covered employee.--The term `covered employee' means 
        an officer or employee referred to in subsection (c)(2) or 
        (d)(1) of section 207 of title 18, United States Code.
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Government Ethics.
            ``(4) Executive branch.--The term `executive branch' has 
        the meaning given the term in section 109.
            ``(5) Former client.--
                    ``(A) In general.--The term `former client', with 
                respect to a covered employee, means a person for whom 
                the covered employee served personally as an agent, 
                attorney, or consultant during the 2-year period ending 
                on the day before the date on which the covered 
                employee begins service in the Federal Government.
                    ``(B) Exclusions.--The term `former client' does 
                not include--
                            ``(i) an entity in the Federal Government, 
                        including an executive branch agency;
                            ``(ii) a State or local government;
                            ``(iii) the District of Columbia;
                            ``(iv) an Indian Tribe included on the list 
                        published under section 104 of the Federally 
                        Recognized Indian Tribe List Act of 1994 (25 
                        U.S.C. 5131); or
                            ``(v) the government of a territory or 
                        possession of the United States.
            ``(6) Former employer.--
                    ``(A) In general.--The term `former employer', with 
                respect to a covered employee, means a person for whom 
                the covered employee served as an employee, officer, 
                director, trustee, agent, attorney, consultant, or 
                contractor during the 2-year period ending on the day 
                before the date on which the covered employee begins 
                service in the Federal Government.
                    ``(B) Exclusions.--The term `former employer' does 
                not include--
                            ``(i) an entity in the Federal Government, 
                        including an executive branch agency;
                            ``(ii) a State or local government;
                            ``(iii) the District of Columbia;
                            ``(iv) an Indian Tribe (as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304)); or
                            ``(v) the government of a territory or 
                        possession of the United States.
            ``(7) Particular matter.--The term `particular matter' has 
        the meaning given the term in section 207(i) of title 18, 
        United States Code.

``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS.

    ``(a) Prohibition.--
            ``(1) In general.--A covered employee may not participate 
        personally and substantially in any particular matter involving 
        specific parties by which the covered employee knows that a 
        material financial interest of a former employer or former 
        client will be directly and predictably affected.
            ``(2) Exemptions.--
                    ``(A) Regulations.--The Director shall publish in 
                the Federal Register regulations applicable to all or a 
                portion of covered employees providing exemptions to 
                the prohibition under paragraph (1).
                    ``(B) Inclusion.--The regulations under 
                subparagraph (A) shall include an exemption for any 
                covered employee in a case in which a particular matter 
                involves a financial interest described in paragraph 
                (1) that is too remote or too inconsequential to affect 
                the integrity of the services provided by the covered 
                employee.
    ``(b) Waivers.--
            ``(1) In general.--
                    ``(A) Covered agency heads.--With respect to a head 
                of a covered agency who is a covered employee, the 
                designated agency ethics official for the Executive 
                Office of the President, in consultation with the 
                Director, may grant a written waiver of the prohibition 
                under subsection (a) before the covered agency head 
                engages in an action otherwise prohibited by that 
                subsection, if the designated agency ethics official 
                determines and certifies in writing that, in 
                consideration of all relevant circumstances, the 
                interest of the Federal Government in the participation 
                of the covered agency head outweighs the concern that a 
                reasonable person may question the integrity of the 
                programs or operations of the covered agency.
                    ``(B) Other covered employees.--With respect to any 
                covered employee not described in subparagraph (A), the 
                head of the covered agency employing the covered 
                employee, in consultation with the Director, may grant 
                a written waiver of the prohibition under subsection 
                (a) before the covered employee engages in an action 
                otherwise prohibited by that subsection, if the head of 
                the covered agency determines and certifies in writing 
                that, in consideration of all relevant circumstances, 
                the interest of the Federal Government in the 
                participation of the covered employee outweighs the 
                concern that a reasonable person may question the 
                integrity of the programs or operations of the covered 
                agency.
            ``(2) Notice and publication.--For any waiver granted under 
        paragraph (1), the individual who granted the waiver shall--
                    ``(A) not later than 48 hours after the waiver is 
                granted, submit to the Director a copy of the waiver; 
                and
                    ``(B) not later than 30 calendar days after the 
                date on which the waiver is granted, publish the waiver 
                on the website of the applicable covered agency.
            ``(3) Directorial review.--On receipt of a written waiver 
        under paragraph (2)(A), the Director shall--
                    ``(A) review the waiver to determine whether the 
                Director has any objection to the issuance of the 
                waiver; and
                    ``(B) if the Director has an objection described in 
                subparagraph (A)--
                            ``(i) provide reasons for the objection, in 
                        writing, to the head of the covered agency who 
                        granted the waiver by not later than 15 
                        calendar days after the date on which the 
                        waiver was granted; and
                            ``(ii) publish the objection on the website 
                        of the Office of Government Ethics by not later 
                        than 30 calendar days after the date on which 
                        the waiver was granted.

``SEC. 603. ENFORCEMENT.

    ``(a) Criminal Penalties.--
            ``(1) In general.--Any person who violates section 602 
        shall be fined under title 18, United States Code, imprisoned 
        for not more than 1 year, or both.
            ``(2) Willful violations.--Any person who willfully 
        violates section 602 shall be fined under title 18, United 
        States Code, imprisoned for not more than 5 years, or both.
    ``(b) Civil Enforcement.--
            ``(1) In general.--The Attorney General may bring a civil 
        action in an appropriate district court of the United States 
        against any person who violates, or whom the Attorney General 
        has reason to believe is engaging in conduct that violates, 
        section 602.
            ``(2) Civil penalty.--
                    ``(A) In general.--If the court finds, by a 
                preponderance of the evidence, that a person violated 
                section 602, the court shall impose against the person 
                a civil penalty of not more than the greater of--
                            ``(i) $100,000 for each violation; and
                            ``(ii) the amount of compensation the 
                        person received or was offered for the conduct 
                        constituting the violation.
                    ``(B) Treatment.--A civil penalty under this 
                subsection may be in addition to any other criminal or 
                civil statutory, common law, or administrative remedy 
                available to--
                            ``(i) the United States; or
                            ``(ii) any other person.
            ``(3) Injunctive relief.--
                    ``(A) In general.--In a civil action brought 
                against a person under paragraph (1), the Attorney 
                General may petition the court for an order prohibiting 
                the person from engaging in conduct that violates 
                section 602.
                    ``(B) Standard.--The court may issue an order under 
                subparagraph (A) if the court finds, by a preponderance 
                of the evidence, that the conduct of the person 
                violates section 602.
                    ``(C) Treatment.--The filing of a petition seeking 
                injunctive relief under this paragraph shall not 
                preclude any other remedy available by law to--
                            ``(i) the United States; or
                            ``(ii) any other person.''.

SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT 
              FROM GOVERNMENT CONTRACTORS.

    (a) Expansion of Prohibition on Acceptance by Former Officials of 
Compensation From Contractors.--Section 2104 of title 41, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``or consultant'' and 
                        inserting ``attorney, consultant, 
                        subcontractor, or lobbyist''; and
                            (ii) by striking ``one year'' and inserting 
                        ``2 years''; and
                    (B) in paragraph (3), by striking ``personally made 
                for the Federal agency'' and inserting ``participated 
                personally and substantially in''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Prohibition on Compensation From Affiliates and 
Subcontractors.--A former official responsible for a Government 
contract referred to in paragraph (1), (2), or (3) of subsection (a) 
may not accept compensation for 2 years after awarding the contract 
from any division, affiliate, or subcontractor of the contractor.''.
    (b) Requirement for Procurement Officers To Disclose Job Offers 
Made to Relatives.--Section 2103(a) of title 41, United States Code, is 
amended in the matter preceding paragraph (1) by inserting after ``that 
official'' the following: ``, or for a relative (as defined in section 
3110 of title 5) of that official,''.
    (c) Requirement on Award of Government Contracts to Former 
Employers.--
            (1) In general.--Chapter 21 of division B of subtitle I of 
        title 41, United States Code, is amended by adding at the end 
        the following new section:
``Sec. 2108. Prohibition on involvement by certain former contractor 
              employees in procurements
    ``An employee of the Federal Government may not participate 
personally and substantially in any award of a contract to, or the 
administration of a contract awarded to, a contractor that is a former 
employer of the employee during the 2-year period beginning on the date 
on which the employee leaves the employment of the contractor.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 21 of title 41, United States Code, is 
        amended by adding at the end the following new item:

        ``2108. Prohibition on involvement by certain former contractor 
                            employees in procurements.''.
    (d) Regulations.--The Director of the Office of Government Ethics, 
in consultation with the Administrator of General Services, shall 
promulgate regulations to carry out and ensure the enforcement of 
chapter 21 of title 41, United States Code, as amended by this section.
    (e) Monitoring and Compliance.--The Administrator of General 
Services, in consultation with designated agency ethics officials (as 
that term is defined in section 109(3) of the Ethics in Government Act 
of 1978 (5 U.S.C. App.)), shall monitor compliance with chapter 21 of 
title 41, United States Code, as amended by this section, by 
individuals and agencies.

SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE 
              PRIVATE SECTOR.

    (a) In General.--Subsection (c) of section 207 of title 18, United 
States Code, is amended--
            (1) in the subsection heading, by striking ``One-year'' and 
        inserting ``Two-year'';
            (2) in paragraph (1)--
                    (A) by striking ``1 year'' in each instance and 
                inserting ``2 years''; and
                    (B) by inserting ``, or conducts any lobbying 
                activity to facilitate any communication to or 
                appearance before,'' after ``any communication to or 
                appearance before''; and
            (3) in paragraph (2)(B), by striking ``1-year'' and 
        inserting ``2-year''.
    (b) Application.--The amendments made by subsection (a) shall apply 
to any individual covered by subsection (c) of section 207 of title 18, 
United States Code, separating from the civil service on or after the 
date of enactment of this Act.

SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Director of the Office of Government Ethics 
shall issue guidance on ethical standards applicable to unpaid 
employees of an agency.
    (b) Definitions.--In this section--
            (1) the term ``agency'' includes the Executive Office of 
        the President and the White House; and
            (2) the term ``unpaid employee'' includes any individual 
        occupying a position at an agency and who is unpaid by 
        operation of section 3110 of title 5, United States Code, or 
        any other provision of law, but does not include any employee 
        who is unpaid due to a lapse in appropriations.

SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT 
              BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND 
              EMPLOYEES.

    (a) Limitation on Federal Funds.--Beginning in fiscal year 2022 and 
in each fiscal year thereafter, no Federal funds may be obligated or 
expended for purposes of procuring goods or services at any business 
owned or controlled by a covered individual or any family member of 
such an individual, unless such obligation or expenditure of funds is 
authorized under the Presidential Protection Assistance Act of 1976 (18 
U.S.C. 3056 note).
    (b) Prohibition on Contracts.--No Executive agency may enter into 
or hold a contract with a business owned or controlled by a covered 
individual or any family member of such an individual.
    (c) Determination of Ownership.--For purposes of this section, a 
business shall be deemed to be owned or controlled by a covered 
individual or any family member of such an individual if the covered 
individual or member of family (as the case may be)--
            (1) is a member of the board of directors or similar 
        governing body of the business;
            (2) directly or indirectly owns or controls more than 50 
        percent of the voting shares of the business; or
            (3) is the beneficiary of a trust which owns or controls 
        more than 50 percent of the business and can direct 
        distributions under the terms of the trust.
    (d) Definitions.--In this section:
            (1) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President;
                    (B) the Vice President;
                    (C) the head of any Executive department (as that 
                term is defined in section 101 of title 5, United 
                States Code); and
                    (D) any individual occupying a position designated 
                by the President as a Cabinet-level position.
            (2) Executive agency.--The term ``Executive agency'' has 
        the meaning given that term in section 105 of title 5, United 
        States Code.
            (3) Family member.--The term ``family member'' means an 
        individual with any of the following relationships to a covered 
        individual:
                    (A) Spouse, and parents thereof.
                    (B) Sons and daughters, and spouses thereof.
                    (C) Parents, and spouses thereof.
                    (D) Brothers and sisters, and spouses thereof.
                    (E) Grandparents and grandchildren, and spouses 
                thereof.
                    (F) Domestic partner and parents thereof, including 
                domestic partners of any individual in subparagraphs 
                (A) through (E).

             Subtitle B--Presidential Conflicts of Interest

SEC. 8011. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Conflicts of 
Interest Act of 2021''.

SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT 
              AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF 
              INTEREST.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by adding after title VI (as added by section 8003) 
the following:

  ``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE 
                      PRESIDENT AND VICE PRESIDENT

``SEC. 701. DIVESTITURE OF FINANCIAL INTERESTS POSING A CONFLICT OF 
              INTEREST.

    ``(a) Applicability to the President and Vice President.--The 
President and Vice President shall, within 30 days of assuming office, 
divest of all financial interests that pose a conflict of interest 
because the President or Vice President, the spouse, dependent child, 
or general partner of the President or Vice President, or any person or 
organization with whom the President or Vice President is negotiating 
or has any arrangement concerning prospective employment, has a 
financial interest, by--
            ``(1) converting each such interest to cash or other 
        investment that meets the criteria established by the Director 
        of the Office of Government Ethics through regulation as being 
        an interest so remote or inconsequential as not to pose a 
        conflict; or
            ``(2) placing each such interest in a qualified blind trust 
        as defined in section 102(f)(3) or a diversified trust under 
        section 102(f)(4)(B).
    ``(b) Disclosure Exemption.--Subsection (a) shall not apply if the 
President or Vice President complies with section 102.''.
    (b) Additional Disclosures.--Section 102(a) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end 
the following:
            ``(9) With respect to any such report filed by the 
        President or Vice President, for any corporation, company, 
        firm, partnership, or other business enterprise in which the 
        President, Vice President, or the spouse or dependent child of 
        the President or Vice President, has a significant financial 
        interest--
                    ``(A) the name of each other person who holds a 
                significant financial interest in the firm, 
                partnership, association, corporation, or other entity;
                    ``(B) the value, identity, and category of each 
                liability in excess of $10,000; and
                    ``(C) a description of the nature and value of any 
                assets with a value of $10,000 or more.''.
    (c) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Director of the Office of Government Ethics 
shall promulgate regulations to define the criteria required by section 
701(a)(1) of the Ethics in Government Act of 1978 (as added by 
subsection (a)) and the term ``significant financial interest'' for 
purposes of section 102(a)(9) of the Ethics in Government Act (as added 
by subsection (b)).

SEC. 8013. INITIAL FINANCIAL DISCLOSURE.

    Subsection (a) of section 101 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking ``position'' and adding at 
the end the following: ``position, with the exception of the President 
and Vice President, who must file a new report.''.

SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.

    (a) Amendment.--Section 431 of title 18, United States Code, is 
amended--
            (1) in the section heading, by inserting ``the President, 
        Vice President, Cabinet Member, or a'' after ``Contracts by''; 
        and
            (2) in the first undesignated paragraph, by inserting ``the 
        President, Vice President, or any Cabinet member'' 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, Vice President, Cabinet Member, or a 
                            Member of Congress.''.

SEC. 8015. LEGAL DEFENSE FUNDS.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Office 
        of Government Ethics;
            (2) the term ``legal defense fund'' means a trust--
                    (A) that has only one beneficiary;
                    (B) that is subject to a trust agreement creating 
                an enforceable fiduciary duty on the part of the 
                trustee to the beneficiary, pursuant to the applicable 
                law of the jurisdiction in which the trust is 
                established;
                    (C) that is subject to a trust agreement that 
                provides for the mandatory public disclosure of all 
                donations and disbursements;
                    (D) that is subject to a trust agreement that 
                prohibits the use of its resources for any purpose 
                other than--
                            (i) the administration of the trust;
                            (ii) the payment or reimbursement of legal 
                        fees or expenses incurred in investigative, 
                        civil, criminal, or other legal proceedings 
                        relating to or arising by virtue of service by 
                        the trust's beneficiary as an officer or 
                        employee, as defined in this section, or as an 
                        employee, contractor, consultant or volunteer 
                        of the campaign of the President or Vice 
                        President; or
                            (iii) the distribution of unused resources 
                        to a charity selected by the trustee that has 
                        not been selected or recommended by the 
                        beneficiary of the trust;
                    (E) that is subject to a trust agreement that 
                prohibits the use of its resources for any other 
                purpose or personal legal matters, including tax 
                planning, personal injury litigation, protection of 
                property rights, divorces, or estate probate; and
                    (F) that is subject to a trust agreement that 
                prohibits the acceptance of donations, except in 
                accordance with this section and the regulations of the 
                Office of Government Ethics;
            (3) the term ``officer or employee'' means--
                    (A) an officer (as that term is defined in section 
                2104 of title 5, United States Code) or employee (as 
                that term is defined in section 2105 of such title) of 
                the executive branch of the Government;
                    (B) the Vice President; and
                    (C) the President; and
            (4) the term ``relative'' has the meaning given that term 
        in section 3110 of title 5, United States Code.
    (b) Legal Defense Funds.--An officer or employee may not accept or 
use any gift or donation for the payment or reimbursement of legal fees 
or expenses incurred in investigative, civil, criminal, or other legal 
proceedings relating to or arising by virtue of the officer or 
employee's service as an officer or employee, as defined in this 
section, or as an employee, contractor, consultant or volunteer of the 
campaign of the President or Vice President except through a legal 
defense fund that is certified by the Director of the Office of 
Government Ethics.
    (c) Limits on Gifts and Donations.--Not later than 120 days after 
the date of the enactment of this Act, the Director shall promulgate 
regulations establishing limits with respect to gifts and donations 
described in subsection (b), which shall, at a minimum--
            (1) prohibit the receipt of any gift or donation described 
        in subsection (b)--
                    (A) from a single contributor (other than a 
                relative of the officer or employee) in a total amount 
                of more than $5,000 during any calendar year;
                    (B) from a registered lobbyist;
                    (C) from a foreign government or an agent of a 
                foreign principal;
                    (D) from a State government or an agent of a State 
                government;
                    (E) from any person seeking official action from, 
                or seeking to do or doing business with, the agency 
                employing the officer or employee;
                    (F) from any person conducting activities regulated 
                by the agency employing the officer or employee;
                    (G) from any person whose interests may be 
                substantially affected by the performance or 
                nonperformance of the official duties of the officer or 
                employee;
                    (H) from an officer or employee of the executive 
                branch; or
                    (I) from any organization a majority of whose 
                members are described in subparagraphs (A) through (H); 
                and
            (2) require that a legal defense fund, in order to be 
        certified by the Director, only permit distributions to the 
        applicable officer or employee.
    (d) Written Notice.--
            (1) In general.--An officer or employee who wishes to 
        accept funds or have a representative accept funds from a legal 
        defense fund shall first ensure that the proposed trustee of 
        the legal defense fund submits to the Director the following 
        information:
                    (A) The name and contact information for any 
                proposed trustee of the legal defense fund.
                    (B) A copy of any proposed trust document for the 
                legal defense fund.
                    (C) The nature of the legal proceeding (or 
                proceedings), investigation, or other matter which 
                gives rise to the establishment of the legal defense 
                fund.
                    (D) An acknowledgment signed by the officer or 
                employee and the trustee indicating that they will be 
                bound by the regulations and limitations under this 
                section.
            (2) Approval.--An officer or employee may not accept any 
        gift or donation to pay, or to reimburse any person for, fees 
        or expenses described in subsection (b) of this section except 
        through a legal defense fund that has been certified in writing 
        by the Director following that office's receipt and approval of 
        the information submitted under paragraph (1) and approval of 
        the structure of the fund.
    (e) Reporting.--
            (1) In general.--An officer or employee who establishes a 
        legal defense fund may not directly or indirectly accept 
        distributions from a legal defense fund unless the fund has 
        provided the Director a quarterly report for each quarter of 
        every calendar year since the establishment of the legal 
        defense fund that discloses, with respect to the quarter 
        covered by the report--
                    (A) the source and amount of each contribution to 
                the legal defense fund; and
                    (B) the amount, recipient, and purpose of each 
                expenditure from the legal defense fund, including all 
                distributions from the trust for any purpose.
            (2) Public availability.--The Director shall make publicly 
        available online--
                    (A) each report submitted under paragraph (1) in a 
                searchable, sortable, and downloadable form;
                    (B) each trust agreement and any amendment thereto;
                    (C) the written notice and acknowledgment required 
                by subsection (d); and
                    (D) the Director's written certification of the 
                legal defense fund.
    (f) Recusal.--An officer or employee, other than the President and 
the Vice President, who is the beneficiary of a legal defense fund may 
not participate personally and substantially in any particular matter 
in which the officer or employee knows a donor of any source of a gift 
or donation to the legal defense fund established for the officer or 
employee has a financial interest, for a period of two years from the 
date of the most recent gift or donation to the legal defense fund.

              Subtitle C--White House Ethics Transparency

SEC. 8021. SHORT TITLE.

    This subtitle may be cited as the ``White House Ethics Transparency 
Act of 2021''.

SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING TO ETHICS 
              REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Covered employee.--
                    (A) In general.--The term ``covered employee'' 
                means--
                            (i) a noncareer Presidential or Vice 
                        Presidential appointee;
                            (ii) a noncareer appointee in the Senior 
                        Executive Service (or any other SES-type 
                        system); and
                            (iii) an appointee to a position that has 
                        been excepted from the competitive service by 
                        reason of being of a confidential or policy-
                        determining character (such as a position under 
                        Schedule C of subpart C of part 213 of title 5, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this Act), and any 
                        other position excepted under comparable 
                        criteria) in an Executive agency.
                    (B) Exclusions.--The term ``covered employee'' does 
                not include any individual appointed--
                            (i) as a member of the Senior Foreign 
                        Service; or
                            (ii) solely as a uniformed service 
                        commissioned officer.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Government Ethics.
    (b) Procedure.--Notwithstanding any other provision of law, not 
later than 30 days after the date on which an officer or employee 
issues or approves a waiver or authorization for a covered employee 
pursuant to section 3 of Executive Order 13770 (82 Fed. Reg. 9335) (or 
any subsequent similar order), the issuing officer or employee shall--
            (1) submit to the Director a written copy of the waiver or 
        authorization; and
            (2) make a written copy of the waiver or authorization 
        available to the public on the website of the employing agency 
        of the covered employee.
    (c) Public Availability.--Not later than 30 days after the date of 
receipt of a written copy of a waiver or authorization under subsection 
(b)(1), the Director shall make the waiver or authorization available 
to the public on the website of the Office of Government Ethics.
    (d) Retroactive Application.--
            (1) In general.--In the case of a waiver or authorization 
        described in subsection (b) that is issued during the period 
        beginning on January 20, 2017, and ending on the date of 
        enactment of this Act, the issuing officer or employee shall 
        comply with the requirements of paragraphs (1) and (2) of 
        subsection (b) by not later than 30 days after the date of 
        enactment of this Act.
            (2) Report to congress.--Not later than 45 days after the 
        date of enactment of this Act, the Director shall submit to 
        Congress a report that describes the impact of the application 
        of paragraph (1), including the name of--
                    (A) each covered employee who received a waiver or 
                authorization described in subsection (b); and
                    (B) each individual who, by operation of paragraph 
                (1), submitted the information required under that 
                subsection.

            Subtitle D--Executive Branch Ethics Enforcement

SEC. 8031. SHORT TITLE.

    This subtitle may be cited as the ``Executive Branch Comprehensive 
Ethics Enforcement Act of 2021''.

SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS.

    Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 
is amended by striking ``fiscal year 2007'' and inserting ``fiscal 
years 2021 through 2025.''.

SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.

    Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by striking the period at the end and inserting ``, 
subject to removal only for inefficiency, neglect of duty, or 
malfeasance in office. The Director may continue to serve beyond the 
expiration of the term until a successor is appointed and has 
qualified, except that the Director may not continue to serve for more 
than one year after the date on which the term would otherwise expire 
under this subsection.''.

SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.

    (a) In General.--Section 402(a) of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking ``, in consultation with 
the Office of Personnel Management,''.
    (b) Responsibilities of the Director.--Section 402(b) of the Ethics 
in Government Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``developing, in consultation with 
                the Attorney General and the Office of Personnel 
                Management, rules and regulations to be promulgated by 
                the President or the Director'' and inserting 
                ``developing and promulgating rules and regulations''; 
                and
                    (B) by striking ``title II'' and inserting ``title 
                I'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) providing mandatory education and training programs 
        for designated agency ethics officials, which may be delegated 
        to each agency or the White House Counsel as determined 
        appropriate by the Director;'';
            (3) in paragraph (3), by striking ``title II'' and 
        inserting ``title I'';
            (4) in paragraph (4), by striking ``problems'' and 
        inserting ``issues'';
            (5) in paragraph (6)--
                    (A) by striking ``issued by the President or the 
                Director''; and
                    (B) by striking ``problems'' and inserting 
                ``issues'';
            (6) in paragraph (7)--
                    (A) by striking ``, when requested,''; and
                    (B) by striking ``conflict of interest problems'' 
                and inserting ``conflicts of interest, as well as other 
                ethics issues'';
            (7) in paragraph (9)--
                    (A) by striking ``ordering'' and inserting 
                ``receiving allegations of violations of this Act or 
                regulations of the Office of Government Ethics and, 
                when necessary, investigating an allegation to 
                determine whether a violation occurred, and ordering''; 
                and
                    (B) by inserting before the semicolon the 
                following: ``, and recommending appropriate 
                disciplinary action'';
            (8) in paragraph (12)--
                    (A) by striking ``evaluating, with the assistance 
                of'' and inserting ``promulgating, with input from'';
                    (B) by striking ``the need for''; and
                    (C) by striking ``conflict of interest and ethical 
                problems'' and inserting ``conflict of interest and 
                ethics issues'';
            (9) in paragraph (13)--
                    (A) by striking ``with the Attorney General'' and 
                inserting ``with the Inspectors General and the 
                Attorney General'';
                    (B) by striking ``violations of the conflict of 
                interest laws'' and inserting ``conflict of interest 
                issues and allegations of violations of ethics laws and 
                regulations and this Act''; and
                    (C) by striking ``, as required by section 535 of 
                title 28, United States Code'';
            (10) in paragraph (14), by striking ``and'' at the end;
            (11) in paragraph (15)--
                    (A) by striking ``, in consultation with the Office 
                of Personnel Management,'';
                    (B) by striking ``title II'' and inserting ``title 
                I''; and
                    (C) by striking the period at the end and inserting 
                a semicolon; and
            (12) by adding at the end the following:
            ``(16) directing and providing final approval, when 
        determined appropriate by the Director, for designated agency 
        ethics officials regarding the resolution of conflicts of 
        interest as well as any other ethics issues under the purview 
        of this Act in individual cases; and
            ``(17) reviewing and approving, when determined appropriate 
        by the Director, any recusals, exemptions, or waivers from the 
        conflicts of interest and ethics laws, rules, and regulations 
        and making approved recusals, exemptions, and waivers made 
        publicly available by the relevant agency available in a 
        central location on the official website of the Office of 
        Government Ethics.''.
    (c) Written Procedures.--Paragraph (1) of section 402(d) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--
            (1) by striking ``, by the exercise of any authority 
        otherwise available to the Director under this title,'';
            (2) by striking ``the agency is'';
            (3) by striking ``collect, review, evaluate, and if 
        applicable, make'' and insert ``collects, reviews, evaluates, 
        and, if applicable, makes''; and
            (4) by inserting after ``filed by'' the following: ``, or 
        written documentation of recusals, waivers, or ethics 
        authorizations relating to,''.
    (d) Corrective Actions.--Section 402(f) of the Ethics in Government 
Act of 1978 (5 U.S.C. App.) is amended--
            (1) in paragraph (1)--
                    (A) in clause (i) of subparagraph (A), by striking 
                ``of such agency''; and
                    (B) in subparagraph (B), by inserting before the 
                period at the end ``and determine that a violation of 
                this Act has occurred and issue appropriate 
                administrative or legal remedies as prescribed in 
                paragraph (2)'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in clause (ii)--
                                    (I) in subclause (I), by inserting 
                                ``to the President or the President's 
                                designee if the matter involves 
                                employees of the Executive Office of 
                                the President or'' after ``may 
                                recommend''; and
                                    (II) in subclause (II)--
                                            (aa) by inserting 
                                        ``President or'' after 
                                        ``determines that the''; and
                                            (bb) by adding ``and'' at 
                                        the end;
                            (ii) in subclause (II) of clause (iii)--
                                    (I) by striking ``notify, in 
                                writing,'' and inserting ``advise the 
                                President or order'';
                                    (II) by inserting ``to take 
                                appropriate disciplinary action 
                                including reprimand, suspension, 
                                demotion, or dismissal against the 
                                officer or employee (provided, however, 
                                that any order issued by the Director 
                                shall not affect an employee's right to 
                                appeal a disciplinary action under 
                                applicable law, regulation, collective 
                                bargaining agreement, or contractual 
                                provision).'' after ``employee's 
                                agency''; and
                                    (III) by striking ``of the 
                                officer's or employee's noncompliance, 
                                except that, if the officer or employee 
                                involved is the agency head, the 
                                notification shall instead be submitted 
                                to the President; and''; and
                            (iii) by striking clause (iv);
                    (B) in subparagraph (B)(i)--
                            (i) by striking ``subparagraph (A)(iii) or 
                        (iv)'' and inserting ``subparagraph (A)'';
                            (ii) by inserting ``(I)'' before ``In order 
                        to''; and
                            (iii) by adding at the end the following:
                    ``(II)(aa) The Director may secure directly from 
                any agency information necessary to enable the Director 
                to carry out this Act. Upon request of the Director, 
                the head of such agency shall furnish that information 
                to the Director.
                    ``(bb) The Director may require by subpoena the 
                production of all information, documents, reports, 
                answers, records, accounts, papers, and other data in 
                any medium and documentary evidence necessary in the 
                performance of the functions assigned by this Act, 
                which subpoena, in the case of refusal to obey, shall 
                be enforceable by order of any appropriate United 
                States district court.'';
                    (C) in subparagraph (B)(ii)(I)--
                            (i) by striking ``Subject to clause (iv) of 
                        this subparagraph, before'' and inserting 
                        ``Before''; and
                            (ii) by striking ``subparagraphs (A) (iii) 
                        or (iv)'' and inserting ``subparagraph 
                        (A)(iii)'';
                    (D) in subparagraph (B)(iii), by striking ``Subject 
                to clause (iv) of this subparagraph, before'' and 
                inserting ``Before''; and
                    (E) in subparagraph (B)(iv)--
                            (i) by striking ``title 2'' and inserting 
                        ``title I''; and
                            (ii) by striking ``section 206'' and 
                        inserting ``section 106''; and
            (3) in paragraph (4), by striking ``(iv),''.
    (e) Definitions.--Section 402 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by adding at the end the following:
    ``(g) For purposes of this title--
            ``(1) the term `agency' shall include the Executive Office 
        of the President; and
            ``(2) the term `officer or employee' shall include any 
        individual occupying a position, providing any official 
        services, or acting in an advisory capacity, in the White House 
        or the Executive Office of the President.
    ``(h) In this title, a reference to the head of an agency shall 
include the President or the President's designee.
    ``(i) The Director shall not be required to obtain the prior 
approval, comment, or review of any officer or agency of the United 
States, including the Office of Management and Budget, before 
submitting to Congress, or any committee or subcommittee thereof, any 
information, reports, recommendations, testimony, or comments, if such 
submissions include a statement indicating that the views expressed 
therein are those of the Director and do not necessarily represent the 
views of the President.''.

SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.

    (a) In General.--Section 403 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended--
            (1) in subsection (a), by adding a period at the end of the 
        matter following paragraph (2); and
            (2) by adding at the end the following:
    ``(c)(1) All designated agency ethics officials and alternate 
designated agency ethics officials shall register with the Director as 
well as with the appointing authority of the official.
    ``(2) The Director shall provide ethics education and training to 
all designated and alternate designated agency ethics officials in a 
time and manner determined appropriate by the Director.
    ``(3) Each designated agency ethics official and each alternate 
designated agency ethics official shall biannually attend ethics 
education and training, as provided by the Director under paragraph 
(2).
    ``(d) Each Designated Agency Ethics Official, including the 
Designated Agency Ethics Official for the Executive Office of the 
President--
            ``(1) shall provide to the Director, in writing, in a 
        searchable, sortable, and downloadable format, all approvals, 
        authorizations, certifications, compliance reviews, 
        determinations, directed divestitures, public financial 
        disclosure reports, notices of deficiency in compliance, 
        records related to the approval or acceptance of gifts, 
        recusals, regulatory or statutory advisory opinions, waivers, 
        including waivers under section 207 or 208 of title 18, United 
        States Code, and any other records designated by the Director, 
        unless disclosure is prohibited by law;
            ``(2) shall, for all information described in paragraph (1) 
        that is permitted to be disclosed to the public under law, make 
        the information available to the public by publishing the 
        information on the website of the Office of Government Ethics, 
        providing a link to download an electronic copy of the 
        information, or providing printed paper copies of such 
        information to the public; and
            ``(3) may charge a reasonable fee for the cost of providing 
        paper copies of the information pursuant to paragraph (2).
    ``(e)(1) For all information that is provided by an agency to the 
Director under paragraph (1) of subsection (d), the Director shall make 
the information available to the public in a searchable, sortable, 
downloadable format by publishing the information on the website of the 
Office of Government Ethics or providing a link to download an 
electronic copy of the information.
    ``(2) The Director may, upon request, provide printed paper copies 
of the information published under paragraph (1) and charge a 
reasonable fee for the cost of printing such copies.''.
    (b) Repeal.--The Ethics in Government Act of 1978 (5 U.S.C. App) is 
amended by striking section 408.

SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE 
              TRAVEL IN CONTRAVENTION OF CERTAIN REGULATIONS.

    (a) In General.--Beginning on the date of enactment of this Act, no 
Federal funds appropriated or otherwise made available in any fiscal 
year may be used for the travel expenses of any senior Federal official 
in contravention of sections 301-10.260 through 301-10.266 of title 41, 
Code of Federal Regulations, or any successor regulation.
    (b) Quarterly Report on Travel.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act and every 90 days thereafter, the head of 
        each Federal agency shall submit a 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 detailing travel on Government aircraft by any senior 
        Federal official employed at the applicable agency.
            (2) Application.--Any report required under paragraph (1) 
        shall not include any classified travel, and nothing in this 
        Act shall be construed to supersede, alter, or otherwise affect 
        the application of section 101-37.408 of title 41, Code of 
        Federal Regulations, or any successor regulation.
    (c) Travel Regulation Report.--Not later than one year after 
enactment of this Act, the Director of the Office of Government Ethics 
shall submit a report to Congress detailing suggestions on 
strengthening Federal travel regulations. On the date such report is so 
submitted, the Director shall publish such report on the Office's 
public website.
    (d) Senior Federal Official Defined.--In this section, the term 
``senior Federal official'' has the meaning given that term in section 
101-37.100 of title 41, Code of Federal Regulations, as in effect on 
the date of enactment of this Act, and includes any senior executive 
branch official (as that term is defined in such section).

SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days thereafter, the Secretary of 
Defense, in consultation with the Secretary of the Air Force, shall 
submit to the Chairman and Ranking Member of the Committee on Armed 
Services of the House of Representatives a report detailing the direct 
and indirect costs to the Department of Defense in support of 
presidential travel. Each such report shall include costs incurred for 
travel to a property owned or operated by the individual serving as 
President or an immediate family member of such individual.
    (b) Immediate Family Member Defined.--In this section, the term 
``immediate family member'' means the spouse of such individual, the 
adult or minor child of such individual, or the spouse of an adult 
child of such individual.

SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFICIAL TRAVEL.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and every 90 days thereafter, the Secretary of 
Defense shall submit to the Chairman and Ranking Member of the 
Committee on Armed Services of the House of Representatives a report 
detailing the direct and indirect costs to the Department of Defense in 
support of travel by senior Federal officials on military aircraft. 
Each such report shall include whether spousal travel furnished by the 
Department was reimbursed to the Federal Government.
    (b) Exception.--Required use travel, as outlined in Department of 
Defense Directive 4500.56, shall not be included in reports under 
subsection (a).
    (c) Senior Federal Official Defined.--In this section, the term 
``senior Federal official'' has the meaning given that term in section 
8036(d).

            Subtitle E--Conflicts From Political Fundraising

SEC. 8041. SHORT TITLE.

    This subtitle may be cited as the ``Conflicts from Political 
Fundraising Act of 2021''.

SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.

    (a) Definitions.--Section 109 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended--
            (1) by redesignating paragraphs (2) through (19) as 
        paragraphs (5) through (22), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) `covered contribution' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any thing of 
        value--
                    ``(A)(i) that--
                            ``(I) is--
                                    ``(aa) made by or on behalf of a 
                                covered individual; or
                                    ``(bb) solicited in writing by or 
                                at the request of a covered individual; 
                                and
                            ``(II) is made--
                                    ``(aa) to a political organization, 
                                as defined in section 527 of the 
                                Internal Revenue Code of 1986; or
                                    ``(bb) to an organization--
                                            ``(AA) that is described in 
                                        paragraph (4) or (6) of section 
                                        501(c) of the Internal Revenue 
                                        Code of 1986 and exempt from 
                                        tax under section 501(a) of 
                                        such Code; and
                                            ``(BB) that promotes or 
                                        opposes changes in Federal laws 
                                        or regulations that are (or 
                                        would be) administered by the 
                                        agency in which the covered 
                                        individual has been nominated 
                                        for appointment to a covered 
                                        position or is serving in a 
                                        covered position; or
                    ``(ii) that is--
                            ``(I) solicited in writing by or on behalf 
                        of a covered individual; and
                            ``(II) made--
                                    ``(aa) by an individual or entity 
                                the activities of which are subject to 
                                Federal laws or regulations that are 
                                (or would be) administered by the 
                                agency in which the covered individual 
                                has been nominated for appointment to a 
                                covered position or is serving in a 
                                covered position; and
                                    ``(bb) to--
                                            ``(AA) a political 
                                        organization, as defined in 
                                        section 527 of the Internal 
                                        Revenue Code of 1986; or
                                            ``(BB) an organization that 
                                        is described in paragraph (4) 
                                        or (6) of section 501(c) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Code; 
                                        and
                    ``(B) that is made to an organization described in 
                item (aa) or (bb) of clause (i)(II) or clause 
                (ii)(II)(bb) of subparagraph (A) for which the total 
                amount of such payments, advances, forbearances, 
                renderings, or deposits of money, or any thing of 
                value, during the calendar year in which it is made is 
                not less than the contribution limitation in effect 
                under section 315(a)(1)(A) of the Federal Election 
                Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for 
                elections occurring during such calendar year;
            ``(3) `covered individual' means an individual who has been 
        nominated or appointed to a covered position; and
            ``(4) `covered position'--
                    ``(A) means--
                            ``(i) a position described under sections 
                        5312 through 5316 of title 5, United States 
                        Code;
                            ``(ii) a position placed in level IV or V 
                        of the Executive Schedule under section 5317 of 
                        title 5, United States Code;
                            ``(iii) a position as a limited term 
                        appointee, limited emergency appointee, or 
                        noncareer appointee in the Senior Executive 
                        Service, as defined under paragraphs (5), (6), 
                        and (7), respectively, of section 3132(a) of 
                        title 5, United States Code; and
                            ``(iv) a 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 of the Code of 
                        Federal Regulations; and
                    ``(B) does not include a position if the individual 
                serving in the position has been excluded from the 
                application of section 101(f)(5);''.
    (b) Disclosure Requirements.--The Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended--
            (1) in section 101--
                    (A) in subsection (a)--
                            (i) by inserting ``(1)'' before ``Within'';
                            (ii) by striking ``unless'' and inserting 
                        ``and, if the individual is assuming a covered 
                        position, the information described in section 
                        102(j), except that, subject to paragraph (2), 
                        the individual shall not be required to file a 
                        report if''; and
                            (iii) by adding at the end the following:
    ``(2) If an individual has left a position described in subsection 
(f) that is not a covered position and, within 30 days, assumes a 
position that is a covered position, the individual shall, within 30 
days of assuming the covered position, file a report containing the 
information described in section 102(j)(2)(A).'';
                    (B) in subsection (b)(1), in the first sentence, by 
                inserting ``and the information required by section 
                102(j)'' after ``described in section 102(b)'';
                    (C) in subsection (d), by inserting ``and, if the 
                individual is serving in a covered position, the 
                information required by section 102(j)(2)(A)'' after 
                ``described in section 102(a)''; and
                    (D) in subsection (e), by inserting ``and, if the 
                individual was serving in a covered position, the 
                information required by section 102(j)(2)(A)'' after 
                ``described in section 102(a)''; and
            (2) in section 102--
                    (A) in subsection (g), by striking ``Political 
                campaign funds'' and inserting ``Except as provided in 
                subsection (j), political campaign funds''; and
                    (B) by adding at the end the following:
    ``(j)(1) In this subsection--
            ``(A) the term `applicable period' means--
                    ``(i) with respect to a report filed pursuant to 
                subsection (a) or (b) of section 101, the year of 
                filing and the 4 calendar years preceding the year of 
                the filing; and
                    ``(ii) with respect to a report filed pursuant to 
                subsection (d) or (e) of section 101, the preceding 
                calendar year; and
            ``(B) the term `covered gift' means a gift that--
                    ``(i) is made to a covered individual, the spouse 
                of a covered individual, or the dependent child of a 
                covered individual;
                    ``(ii) is made by an entity described in item (aa) 
                or (bb) of section 109(2)(A)(i)(II); and
                    ``(iii) would have been required to be reported 
                under subsection (a)(2) if the covered individual had 
                been required to file a report under section 101(d) 
                with respect to the calendar year during which the gift 
                was made.
    ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or 
(e) of section 101 by a covered individual shall include, for each 
covered contribution during the applicable period--
            ``(i) the date on which the covered contribution was made;
            ``(ii) if applicable, the date or dates on which the 
        covered contribution was solicited;
            ``(iii) the value of the covered contribution;
            ``(iv) the name of the person making the covered 
        contribution; and
            ``(v) the name of the person receiving the covered 
        contribution.
    ``(B)(i) Subject to clause (ii), a covered contribution made by or 
on behalf of, or that was solicited in writing by or on behalf of, a 
covered individual shall constitute a conflict of interest, or an 
appearance thereof, with respect to the official duties of the covered 
individual.
    ``(ii) The Director of the Office of Government Ethics may exempt a 
covered contribution from the application of clause (i) if the Director 
determines the circumstances of the solicitation and making of the 
covered contribution do not present a risk of a conflict of interest 
and the exemption of the covered contribution would not affect 
adversely the integrity of the Government or the public's confidence in 
the integrity of the Government.
    ``(3) A report filed pursuant to subsection (a) or (b) of section 
101 by a covered individual shall include the information described in 
subsection (a)(2) with respect to each covered gift received during the 
applicable period.''.
    (c) Provision of Reports and Ethics Agreements to Congress.--
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(e) Not later than 30 days after receiving a written request from 
the Chairman or Ranking Member of a committee or subcommittee of either 
House of Congress, the Director of the Office of Government Ethics 
shall provide to the Chairman and Ranking Member each report filed 
under this title by the covered individual and any ethics agreement 
entered into between the agency and the covered individual.''.
    (d) Rules on Ethics Agreements.--The Director of the Office of 
Government Ethics shall promptly issue rules regarding how an agency in 
the executive branch shall address information required to be disclosed 
under the amendments made by this subtitle in drafting ethics 
agreements between the agency and individuals appointed to positions in 
the agency.
    (e) Technical and Conforming Amendments.--
            (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is 
        amended--
                    (A) in section 101(f)--
                            (i) in paragraph (9), by striking ``section 
                        109(12)'' and inserting ``section 109(15)'';
                            (ii) in paragraph (10), by striking 
                        ``section 109(13)'' and inserting ``section 
                        109(16)'';
                            (iii) in paragraph (11), by striking 
                        ``section 109(10)'' and inserting ``section 
                        109(13)''; and
                            (iv) in paragraph (12), by striking 
                        ``section 109(8)'' and inserting ``section 
                        109(11)'';
                    (B) in section 103(l)--
                            (i) in paragraph (9), by striking ``section 
                        109(12)'' and inserting ``section 109(15)''; 
                        and
                            (ii) in paragraph (10), by striking 
                        ``section 109(13)'' and inserting ``section 
                        109(16)''; and
                    (C) in section 105(b)(3)(A), by striking ``section 
                109(8) or 109(10)'' and inserting ``section 109(11) or 
                109(13)''.
            (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 
        (2 U.S.C. 1602(4)(D)) is amended by striking ``section 
        109(13)'' and inserting ``section 109(16)''.
            (3) Section 21A of the Securities Exchange Act of 1934 (15 
        U.S.C. 78u-1) is amended--
                    (A) in subsection (g)(2)(B)(ii), by striking 
                ``section 109(11) of the Ethics in Government Act of 
                1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 
                109 of the Ethics in Government Act of 1978 (5 U.S.C. 
                App.))''; and
                    (B) in subsection (h)(2)--
                            (i) in subparagraph (B), by striking 
                        ``section 109(8) of the Ethics in Government 
                        Act of 1978 (5 U.S.C. App. 109(8))'' and 
                        inserting ``section 109 of the Ethics in 
                        Government Act of 1978 (5 U.S.C. App.)''; and
                            (ii) in subparagraph (C), by striking 
                        ``section 109(10) of the Ethics in Government 
                        Act of 1978 (5 U.S.C. App. 109(10))'' and 
                        inserting ``section 109 of the Ethics in 
                        Government Act of 1978 (5 U.S.C. App.)''.
            (4) Section 499(j)(2) of the Public Health Service Act (42 
        U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of 
        the Ethics in Government Act of 1978'' and inserting ``section 
        109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.

                   Subtitle F--Transition Team Ethics

SEC. 8051. SHORT TITLE.

    This subtitle may be cited as the ``Transition Team Ethics 
Improvement Act''.

SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.

    The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is 
amended--
            (1) in section 3(f), by adding at the end the following:
    ``(3) Each eligible candidate (as defined in subsection (h)(4)(A)) 
or the President-elect (as the case may be) shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Reform of the House of 
Representatives a report containing the names of the candidates for 
high level security positions submitted under paragraph (1)--
            ``(A) not later than 10 days after the date of the 
        submission to the Federal Bureau of Investigation or other 
        appropriate agency under paragraph (1); and
            ``(B) not later than 10 days after any such candidate is 
        granted a security clearance (including an interim clearance) 
        under paragraph (2).''; and
            (2) in section 6(b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
            ``(C) a list of every position each transition team member 
        has held outside of the Federal Government during the previous 
        12-month period, including paid and unpaid positions;
            ``(D) sources of compensation received by each transition 
        team member exceeding $5,000 during the previous 12-month 
        period;
            ``(E) a description of the role of each transition team 
        member, including--
                    ``(i) a list of any policy issues that the 
                transition team member expects to work on; and
                    ``(ii) a list of agencies with which the transition 
                team member expects to interact while serving on the 
                transition team;
            ``(F) a list of any issues from which each transition team 
        member will be recused while serving as a member of the 
        transition team pursuant to the ethics plan described in 
        section 4(g)(3); and
            ``(G) an affirmation that no transition team member has a 
        financial conflict of interest that precludes the transition 
        team member from working on the matters of the member described 
        in subparagraph (E).'';
                    (B) in paragraph (2), by inserting ``not later than 
                2 business days'' after ``public''; and
                    (C) by adding at the end the following:
    ``(3) If the President-elect and Vice-President elect do not make 
information required under paragraph (1) publicly available with 
respect to a particular transition team member, the head of a Federal 
department or agency may not permit the transition team member to 
access the Federal department or agency or any employee of the Federal 
department or agency in a manner that would not be permitted to a 
member of the public.''.

    Subtitle G--Ethics Pledge for Senior Executive Branch Employees

SEC. 8061. SHORT TITLE.

    This subtitle may be cited as the ``Ethics in Public Service Act''.

SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH 
              EMPLOYEES.

    The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is 
amended by inserting after title I the following new title:

                       ``TITLE II--ETHICS PLEDGE

``SEC. 201. DEFINITIONS.

    ``(a) In General.--For the purposes of this title, the following 
definitions apply:
            ``(1) The term `Administration' means all terms of office 
        of the incumbent President serving at the time of the 
        appointment of an appointee covered by this title.
            ``(2) The term `appointee' means any noncareer Presidential 
        or Vice Presidential appointee, noncareer appointee in the 
        Senior Executive Service (or other SES-type system), or 
        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, but does not 
        include any individual appointed as a member of the Senior 
        Foreign Service or solely as a uniformed service commissioned 
        officer.
            ``(3) The term `covered executive branch official' and 
        `lobbyist' have the meanings given those terms in section 3 of 
        the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
            ``(4) The term `directly and substantially related to my 
        former employer or former clients' means matters in which the 
        appointee's former employer or a former client is a party or 
        represents a party.
            ``(5) The term `executive agency' has the meaning given 
        that term in section 105 of title 5, United States Code, and 
        includes the Executive Office of the President, the United 
        States Postal Service, and Postal Regulatory Commission, but 
        does not include the Government Accountability Office.
            ``(6) The term `former client' means a person or entity for 
        whom an appointee served personally as agent, attorney, or 
        consultant during the 2-year period ending on the date before 
        the date on which the appointee begins service in the Federal 
        Government, but does not include an agency or instrumentality 
        of the Federal Government.
            ``(7) The term `former employer'--
                    ``(A) means a person or entity for whom an 
                appointee served as an employee, officer, director, 
                trustee, partner, agent, attorney, consultant, or 
                contractor during the 2-year period ending on the date 
                before the date on which the appointee begins service 
                in the Federal Government; and
                    ``(B) does not include--
                            ``(i) an agency or instrumentality of the 
                        Federal Government;
                            ``(ii) a State or local government;
                            ``(iii) the District of Columbia;
                            ``(iv) an Indian Tribe, as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304); or
                            ``(v) the government of a territory or 
                        possession of the United States.
            ``(8) The term `gift'--
                    ``(A) has the meaning given that term in section 
                2635.203(b) of title 5, Code of Federal Regulations (or 
                any successor regulation); and
                    ``(B) does not include those items excluded by 
                sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), 
                and (l) of such title 5.
            ``(9) The term `Government official' means any employee of 
        the executive branch.
            ``(10) The term `lobby' and `lobbied' mean to act or have 
        acted as a registered lobbyist.
            ``(11) The term `participate' means to participate 
        personally and substantially.
            ``(12) The term `pledge' means the ethics pledge set forth 
        in section 202 of this title.
            ``(13) The term `post-employment restrictions' includes the 
        provisions and exceptions in section 207(c) of title 18, United 
        States Code, and the implementing regulations.
            ``(14) The term `registered lobbyist or lobbying 
        organization' means a lobbyist or an organization filing a 
        registration pursuant to section 4(a) of the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of 
        an organization filing such a registration, `registered 
        lobbyist' includes each of the lobbyists identified therein.
    ``(b) References.--All references to provisions of law and 
regulations under subsection (a) shall refer to such provisions as in 
effect on the date of enactment of this title.

``SEC. 202. ETHICS PLEDGE.

    ``Each appointee in every executive agency appointed on or after 
the date of enactment of this section shall be required to sign an 
ethics pledge upon appointment. The pledge shall be signed and dated 
within 30 days of taking office and shall include, at a minimum, the 
following elements:
    ```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; Entering Government.--
                    ```(A) 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 party or parties that is directly 
                and substantially related to my former employer or 
                former clients, including regulations and contracts.
                    ```(B) Lobbyists Entering Government.--If I was a 
                registered lobbyist within the 2 years before the date 
                of my appointment, in addition to abiding by the 
                limitations of subparagraph (A), I will not for a 
                period of 2 years after the date of my appointment--
                            ```(i) participate in any particular matter 
                        on which I lobbied within the 2 years before 
                        the date of my appointment;
                            ```(ii) participate in the specific issue 
                        area in which that particular matter falls; or
                            ```(iii) seek or accept employment with any 
                        executive agency that I lobbied within the 2 
                        years before the date of my appointment.
            ```(3) Revolving Door Ban; Appointees Leaving Government.--
                    ```(A) All 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, I agree 
                that I will abide by those restrictions for a period of 
                2 years following the end of my appointment.
                    ```(B) Appointees Leaving Government to Lobby.--In 
                addition to abiding by the limitations of subparagraph 
                (A), I also agree, upon leaving Government service, not 
                to lobby any covered executive branch official or 
                noncareer Senior Executive Service appointee for the 
                remainder of the Administration.
            ```(4) 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.
            ```(5) Assent to Enforcement.--I acknowledge that title II 
        of the Ethics in Government Act of 1978, 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. 203. WAIVER.

    ``(a) The President or the President's designee 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 President or the President's designee certifies (in writing) 
that, in light of all the relevant circumstances, the interest of the 
Federal Government in the employee's participation outweighs the 
concern that a reasonable person may question the integrity of the 
agency's programs or operations.
    ``(b) Any waiver under this section shall take effect when the 
certification is signed by the President or the President's designee.
    ``(c) For purposes of subsection (a), the interest of the Federal 
Government shall include exigent circumstances relating to national 
security or to the economy. De minimis contact with an executive agency 
shall be cause for a waiver of the restrictions contained in paragraph 
(2)(B) of the pledge.
    ``(d) For any waiver granted under this section, the individual who 
granted the waiver shall--
            ``(1) provide a copy of the waiver to the Director not more 
        than 48 hours after the waiver is granted; and
            ``(2) publish the waiver on the website of the applicable 
        agency not later than 30 calendar days after granting such 
        waiver.
    ``(e) Upon receiving a written waiver under subsection (d), the 
Director shall--
            ``(1) review the waiver to determine whether the Director 
        has any objection to the issuance of the waiver; and
            ``(2) if the Director so objects--
                    ``(A) provide reasons for the objection in writing 
                to the President or the President's designee who 
                granted the waiver not more than 15 calendar days after 
                the waiver was granted; and
                    ``(B) publish the written objection on the website 
                of the Office of Government Ethics not more than 30 
                calendar days after the waiver was granted.

``SEC. 204. ADMINISTRATION.

    ``(a) The head of each 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 (2)(B) of the pledge 
        is addressed in a written ethics agreement with each appointee 
        to whom it applies;
            ``(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) compliance with this title within the agency.
    ``(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;
            ``(3) adopt such rules or procedures as are necessary or 
        appropriate--
                    ``(A) to carry out the responsibilities assigned by 
                this subsection;
                    ``(B) to apply the lobbyist gift ban set forth in 
                paragraph 1 of the pledge to all executive branch 
                employees;
                    ``(C) to authorize limited exceptions to the 
                lobbyist gift ban for circumstances that do not 
                implicate the purposes of the ban;
                    ``(D) to make clear that no person shall have 
                violated the lobbyist gift ban if the person properly 
                disposes of a gift;
                    ``(E) to ensure that existing rules and procedures 
                for Government employees engaged in negotiations for 
                future employment with private businesses that are 
                affected by their official actions do not affect the 
                integrity of the Government's programs and operations; 
                and
                    ``(F) to ensure, in consultation with the Director 
                of the Office of Personnel Management, that the 
                requirement set forth in paragraph (4) of the pledge is 
                honored by every employee of the executive branch;
            ``(4) in consultation with the Director of the Office of 
        Management and Budget, report to the President, the Committee 
        on Oversight and Reform of the House of Representatives, and 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate on whether full compliance is being achieved with 
        existing laws and regulations governing executive branch 
        procurement lobbying disclosure and on steps the executive 
        branch can take to expand to the fullest extent practicable 
        disclosure of such executive branch procurement lobbying and of 
        lobbying for presidential pardons, and to include in the report 
        both immediate action 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) 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.''.

 Subtitle H--Travel on Private Aircraft by Senior Political Appointees

SEC. 8071. SHORT TITLE.

    This subtitle may be cited as the ``Stop Waste And Misuse by 
Presidential Flyers Landing Yet Evading Rules and Standards Act'' or 
the ``SWAMP FLYERS Act''.

SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT.

    (a) In General.--Beginning on the date of enactment of this 
subtitle, no Federal funds appropriated or otherwise made available in 
any fiscal year may be used to pay the travel expenses of any senior 
political appointee for travel on official business on a non-
commercial, private, or chartered flight.
    (b) Exceptions.--The limitation in subsection (a) shall not apply--
            (1) if no commercial flight is available for the travel in 
        question, consistent with subsection (c); or
            (2) to any travel on aircraft owned or leased by the 
        Government.
    (c) Certification.--
            (1) In general.--Any senior political appointee who travels 
        on a non-commercial, private, or chartered flight under the 
        exception provided in subsection (b)(1) shall, not later than 
        30 days after the date of such travel, submit a written 
        statement to Congress certifying that no commercial flight was 
        available.
            (2) Penalty.--Any statement submitted under paragraph (1) 
        shall be considered a statement for purposes of applying 
        section 1001 of title 18, United States Code.
    (d) Definition of Senior Political Appointee.--In this subtitle, 
the term ``senior political appointee'' means any individual 
occupying--
            (1) a position listed under the Executive Schedule 
        (subchapter II of chapter 53 of title 5, United States Code);
            (2) a Senior Executive Service position that is not a 
        career appointee, as defined under section 3132(a)(4) of title 
        5, United States Code; or
            (3) a position of a confidential or policy-determining 
        character under schedule C of subpart C of part 213 of title 5, 
        Code of Federal Regulations.

                        Subtitle I--Severability

SEC. 8081. SEVERABILITY.

    If any provision of this title or any amendment made by this title, 
or any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this title and the amendments made by this title, and the 
application of the provision or amendment to any other person or 
circumstance, shall not be affected.

                 TITLE IX--CONGRESSIONAL ETHICS REFORM

  Subtitle A--Requiring Members of Congress To Reimburse Treasury for 
      Amounts Paid as Settlements and Awards Under Congressional 
                       Accountability Act of 1995

SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR 
              AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF 
              EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS.

    (a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of 
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)) 
is amended to read as follows:
                            ``(i) a violation of section 201(a) or 
                        section 206(a); or''.
    (b) Conforming Amendment Relating to Notification of Possibility of 
Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended to read 
as follows:
                            ``(i) a violation of section 201(a) or 
                        section 206(a); or''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Congressional 
Accountability Act of 1995 Reform Act.

                   Subtitle B--Conflicts of Interests

SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM SERVING 
              ON BOARDS OF FOR-PROFIT ENTITIES.

    Rule XXIII of the Rules of the House of Representatives is 
amended--
            (1) by redesignating clause 20 as clause 21; and
            (2) by inserting after clause 19 the following new clause:
    ``20. A Member, Delegate, or Resident Commissioner may not serve on 
the board of directors of any for-profit entity.''.

SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND 
              CONGRESSIONAL STAFF.

    No Member, officer, or employee of a committee or Member of either 
House of Congress may knowingly use his or her official position to 
introduce or aid the progress or passage of legislation, a principal 
purpose of which is to further only his or her pecuniary interest, only 
the pecuniary interest of his or her immediate family, or only the 
pecuniary interest of a limited class of persons or enterprises, when 
he or she, or his or her immediate family, or enterprises controlled by 
them, are members of the affected class.

SEC. 9103. EXERCISE OF RULEMAKING POWERS.

    The provisions of this subtitle are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which they specifically 
        apply, and such rules shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of such House.

          Subtitle C--Campaign Finance and Lobbying Disclosure

SEC. 9201. SHORT TITLE.

    This subtitle may be cited as the ``Connecting Lobbyists and 
Electeds for Accountability and Reform Act'' or the ``CLEAR Act''.

SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL 
              ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED 
              LOBBYISTS.

    (a) Reports Filed by Political Committees.--Section 304(b) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) if any person identified in subparagraph (A), (E), 
        (F), or (G) of paragraph (3) is a registered lobbyist under the 
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), a 
        separate statement that such person is a registered lobbyist 
        under such Act.''.
    (b) Reports Filed by Persons Making Independent Expenditures.--
Section 304(c)(2) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30104(c)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) if the person filing the statement, or a person whose 
        identification is required to be disclosed under subparagraph 
        (C), is a registered lobbyist under the Lobbying Disclosure Act 
        of 1995 (2 U.S.C. 1601 et seq.), a separate statement that such 
        person is a registered lobbyist under such Act.''.
    (c) Reports Filed by Persons Making Disbursements for 
Electioneering Communications.--Section 304(f)(2) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104(f)(2)) is amended by 
adding at the end the following new subparagraph:
                    ``(G) If the person making the disbursement, or a 
                contributor described in subparagraph (E) or (F), is a 
                registered lobbyist under the Lobbying Disclosure Act 
                of 1995 (2 U.S.C. 1601 et seq.), a separate statement 
                that such person or contributor is a registered 
                lobbyist under such Act.''.
    (d) Requiring Commission to Establish Link to Websites of Clerk of 
House and Secretary of Senate.--Section 304 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002(a), 
section 4208(a), and section 4210(a), is amended by adding at the end 
the following new subsection:
    ``(m) Requiring Information on Registered Lobbyists to Be Linked to 
Websites of Clerk of House and Secretary of Senate.--
            ``(1) Links to websites.--The Commission shall ensure that 
        the Commission's public database containing information 
        described in paragraph (2) is linked electronically to the 
        websites maintained by the Secretary of the Senate and the 
        Clerk of the House of Representatives containing information 
        filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 
        1601 et seq.).
            ``(2) Information described.--The information described in 
        this paragraph is each of the following:
                    ``(A) Information disclosed under paragraph (9) of 
                subsection (b).
                    ``(B) Information disclosed under subparagraph (D) 
                of subsection (c)(2).
                    ``(C) Information disclosed under subparagraph (G) 
                of subsection (f)(2).''.

SEC. 9203. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
reports required to be filed under the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) on or after the expiration of the 90-day 
period which begins on the date of the enactment of this Act.

         Subtitle D--Access to Congressionally Mandated Reports

SEC. 9301. SHORT TITLE.

    This subtitle may be cited as the ``Access to Congressionally 
Mandated Reports Act''.

SEC. 9302. DEFINITIONS.

    In this subtitle:
            (1) Congressionally mandated report.--The term 
        ``congressionally mandated report''--
                    (A) means a report that is required to be submitted 
                to either House of Congress or any committee of 
                Congress, or subcommittee thereof, by a statute, 
                resolution, or conference report that accompanies 
                legislation enacted into law; and
                    (B) does not include a report required under part B 
                of subtitle II of title 36, United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        the Government Publishing Office.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given that term under section 102 of title 40, United 
        States Code, but does not include the Government Accountability 
        Office.
            (4) Open format.--The term ``open format'' means a file 
        format for storing digital data based on an underlying open 
        standard that--
                    (A) is not encumbered by any restrictions that 
                would impede reuse; and
                    (B) is based on an underlying open data standard 
                that is maintained by a standards organization.
            (5) Reports online portal.--The term ``reports online 
        portal'' means the online portal established under section 
        9303(a).

SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED 
              REPORTS.

    (a) Requirement To Establish Online Portal.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director shall establish and 
        maintain an online portal accessible by the public that allows 
        the public to obtain electronic copies of all congressionally 
        mandated reports in one place. The Director may publish other 
        reports on the online portal.
            (2) Existing functionality.--To the extent possible, the 
        Director shall meet the requirements under paragraph (1) by 
        using existing online portals and functionality under the 
        authority of the Director.
            (3) Consultation.--In carrying out this subtitle, the 
        Director shall consult with the Clerk of the House of 
        Representatives, the Secretary of the Senate, and the Librarian 
        of Congress regarding the requirements for and maintenance of 
        congressionally mandated reports on the reports online portal.
    (b) Content and Function.--The Director shall ensure that the 
reports online portal includes the following:
            (1) Subject to subsection (c), with respect to each 
        congressionally mandated report, each of the following:
                    (A) A citation to the statute, conference report, 
                or resolution requiring the report.
                    (B) An electronic copy of the report, including any 
                transmittal letter associated with the report, in an 
                open format that is platform independent and that is 
                available to the public without restrictions, including 
                restrictions that would impede the re-use of the 
                information in the report.
                    (C) The ability to retrieve a report, to the extent 
                practicable, through searches based on each, and any 
                combination, of the following:
                            (i) The title of the report.
                            (ii) The reporting Federal agency.
                            (iii) The date of publication.
                            (iv) Each congressional committee receiving 
                        the report, if applicable.
                            (v) The statute, resolution, or conference 
                        report requiring the report.
                            (vi) Subject tags.
                            (vii) A unique alphanumeric identifier for 
                        the report that is consistent across report 
                        editions.
                            (viii) The serial number, Superintendent of 
                        Documents number, or other identification 
                        number for the report, if applicable.
                            (ix) Key words.
                            (x) Full text search.
                            (xi) Any other relevant information 
                        specified by the Director.
                    (D) The date on which the report was required to be 
                submitted, and on which the report was submitted, to 
                the reports online portal.
                    (E) Access to the report not later than 30 calendar 
                days after its submission to Congress.
                    (F) To the extent practicable, a permanent means of 
                accessing the report electronically.
            (2) A means for bulk download of all congressionally 
        mandated reports.
            (3) A means for downloading individual reports as the 
        result of a search.
            (4) An electronic means for the head of each Federal agency 
        to submit to the reports online portal each congressionally 
        mandated report of the agency, as required by section 9304.
            (5) In tabular form, a list of all congressionally mandated 
        reports that can be searched, sorted, and downloaded by--
                    (A) reports submitted within the required time;
                    (B) reports submitted after the date on which such 
                reports were required to be submitted; and
                    (C) to the extent practicable, reports not 
                submitted.
    (c) Noncompliance by Federal Agencies.--
            (1) Reports not submitted.--If a Federal agency does not 
        submit a congressionally mandated report to the Director, the 
        Director shall to the extent practicable--
                    (A) include on the reports online portal--
                            (i) the information required under clauses 
                        (i), (ii), (iv), and (v) of subsection 
                        (b)(1)(C); and
                            (ii) the date on which the report was 
                        required to be submitted; and
                    (B) include the congressionally mandated report on 
                the list described in subsection (b)(5)(C).
            (2) Reports not in open format.--If a Federal agency 
        submits a congressionally mandated report that is not in an 
        open format, the Director shall include the congressionally 
        mandated report in another format on the reports online portal.
    (d) Free Access.--The Director may not charge a fee, require 
registration, or impose any other limitation in exchange for access to 
the reports online portal.
    (e) Upgrade Capability.--The reports online portal shall be 
enhanced and updated as necessary to carry out the purposes of this 
subtitle.

SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.

    (a) Submission of Electronic Copies of Reports.--Concurrently with 
the submission to Congress of each congressionally mandated report, the 
head of the Federal agency submitting the congressionally mandated 
report shall submit to the Director the information required under 
subparagraphs (A) through (D) of section 9303(b)(1) with respect to the 
congressionally mandated report. Nothing in this subtitle shall relieve 
a Federal agency of any other requirement to publish the 
congressionally mandated report on the online portal of the Federal 
agency or otherwise submit the congressionally mandated report to 
Congress or specific committees of Congress, or subcommittees thereof.
    (b) Guidance.--Not later than 240 days after the date of enactment 
of this Act, the Director of the Office of Management and Budget, in 
consultation with the Director, shall issue guidance to agencies on the 
implementation of this subtitle.
    (c) Structure of Submitted Report Data.--The head of each Federal 
agency shall ensure that each congressionally mandated report submitted 
to the Director complies with the open format criteria established by 
the Director in the guidance issued under subsection (b).
    (d) Point of Contact.--The head of each Federal agency shall 
designate a point of contact for a congressionally mandated report.
    (e) List of Reports.--As soon as practicable each calendar year 
(but not later than April 1), and on a rolling basis during the year if 
feasible, the Librarian of Congress shall submit to the Director a list 
of congressionally mandated reports from the previous calendar year, in 
consultation with the Clerk of the House of Representatives, which 
shall--
            (1) be provided in an open format;
            (2) include the information required under clauses (i), 
        (ii), (iv), (v) of section 9303(b)(1)(C) for each report;
            (3) include the frequency of the report;
            (4) include a unique alphanumeric identifier for the report 
        that is consistent across report editions;
            (5) include the date on which each report is required to be 
        submitted; and
            (6) be updated and provided to the Director, as necessary.

SEC. 9305. REMOVING AND ALTERING REPORTS.

    A report submitted to be published to the reports online portal may 
only be changed or removed, with the exception of technical changes, by 
the head of the Federal agency concerned if--
            (1) the head of the Federal agency consults with each 
        congressional committee to which the report is submitted; and
            (2) Congress enacts a joint resolution authorizing the 
        changing or removal of the report.

SEC. 9306. RULES OF CONSTRUCTION; INSPECTORS GENERAL.

    (a) In General.--Nothing in this subtitle shall be construed to--
            (1) require the disclosure of information, records, or 
        reports that are exempt from public disclosure under section 
        552 of title 5, United States Code (commonly known as the 
        ``Freedom of Information Act''), or that may be withheld under 
        section 552a of title 5, United States Code (commonly known as 
        the ``Privacy Act of 1974''); or
            (2) impose any affirmative duty on the Director to review 
        congressionally mandated reports submitted for publication to 
        the reports online portal for the purpose of identifying and 
        redacting such information or records.
    (b) Withholding of Information.--Nothing in this subtitle shall be 
construed to require the publication, on the online portal or 
otherwise, of any report containing information--
            (1) that is exempt from disclosure under section 552 of 
        title 5, United States Code, or that may be withheld under 
        section 552a of title 5, United States Code;
            (2) that is classified;
            (3) that is law enforcement sensitive; or
            (4) the public release of which could have a harmful effect 
        on national security.
    (c) Relationship to Offices of Inspectors General.--The inspector 
general of each Federal agency, except for an inspector general 
belonging to an element of the intelligence community, as defined in 
section 3 of the National Security Act of 1947 (50 U.S.C. 3003), shall 
be responsible for the submission of their reports to the Director.

SEC. 9307. IMPLEMENTATION.

    Except as provided in section 9304(b), this subtitle shall be 
implemented not later than 1 year after the date of enactment of this 
Act and shall apply with respect to congressionally mandated reports 
submitted to Congress on or after the date that is 1 year after such 
date of enactment.

  Subtitle E--Reports on Outside Compensation Earned by Congressional 
                               Employees

SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY CONGRESSIONAL 
              EMPLOYEES.

    (a) Reports.--The supervisor of an individual who performs services 
for any Member, committee, or other office of the Senate or House of 
Representatives for a period in excess of four weeks and who receives 
compensation therefor from any source other than the Federal Government 
shall submit a report identifying the identity of the source, amount, 
and rate of such compensation to--
            (1) the Select Committee on Ethics of the Senate, in the 
        case of an individual who performs services for a Member, 
        committee, or other office of the Senate; or
            (2) the Committee on Ethics of the House of 
        Representatives, in the case of an individual who performs 
        services for a Member (including a Delegate or Resident 
        Commissioner to the Congress), committee, or other office of 
        the House.
    (b) Timing.--The supervisor shall submit the report required under 
subsection (a) with respect to an individual--
            (1) when such individual first begins performing services 
        described in such subparagraph;
            (2) at the close of each calendar quarter during which such 
        individual is performing such services; and
            (3) when such individual ceases to perform such services.

                        Subtitle F--Severability

SEC. 9501. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

      TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

    (a) Definitions.--In this section--
            (1) The term ``covered candidate'' means a candidate of a 
        major party in a general election for the office of President 
        or Vice President.
            (2) The term ``income tax return'' means, with respect to 
        an individual, any return (as such term is defined in section 
        6103(b)(1) of the Internal Revenue Code of 1986, except that 
        such term shall not include declarations of estimated tax) of--
                    (A) such individual, other than information returns 
                issued to persons other than such individual; or
                    (B) of any corporation, partnership, or trust in 
                which such individual holds, directly or indirectly, a 
                significant interest as the sole or principal owner or 
                the sole or principal beneficial owner (as such terms 
                are defined in regulations prescribed by the 
                Secretary).
            (3) The term ``major party'' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986.
            (4) The term ``Secretary'' means the Secretary of the 
        Treasury or the delegate of the Secretary.
    (b) Disclosure.--
            (1) In general.--
                    (A) Candidates for president and vice president.--
                Not later than the date that is 15 days after the date 
                on which an individual becomes a covered candidate, the 
                individual shall submit to the Federal Election 
                Commission a copy of the individual's income tax 
                returns for the 10 most recent taxable years for which 
                a return has been filed with the Internal Revenue 
                Service.
                    (B) President and vice president.--With respect to 
                an individual who is the President or Vice President, 
                not later than the due date for the return of tax for 
                each taxable year, such individual shall submit to the 
                Federal Election Commission a copy of the individual's 
                income tax returns for the taxable year and for the 9 
                preceding taxable years.
                    (C) Transition rule for sitting presidents and vice 
                presidents.--Not later than the date that is 30 days 
                after the date of enactment of this section, an 
                individual who is the President or Vice President on 
                such date of enactment shall submit to the Federal 
                Election Commission a copy of the income tax returns 
                for the 10 most recent taxable years for which a return 
                has been filed with the Internal Revenue Service.
            (2) Failure to disclose.--If any requirement under 
        paragraph (1) to submit an income tax return is not met, the 
        chairman of the Federal Election Commission shall submit to the 
        Secretary a written request that the Secretary provide the 
        Federal Election Commission with the income tax return.
            (3) Publicly available.--The chairman of the Federal 
        Election Commission shall make publicly available each income 
        tax return submitted under paragraph (1) in the same manner as 
        a return provided under section 6103(l)(23) of the Internal 
        Revenue Code of 1986 (as added by this section).
            (4) Treatment as a report under the federal election 
        campaign act of 1971.--For purposes of the Federal Election 
        Campaign Act of 1971 (32 U.S.C. 30101 et seq.), any income tax 
        return submitted under paragraph (1) or provided under section 
        6103(l)(23) of the Internal Revenue Code of 1986 (as added by 
        this section) shall, after redaction under paragraph (3) or 
        subparagraph (B)(ii) of such section, be treated as a report 
        filed under the Federal Election Campaign Act of 1971 (32 
        U.S.C. 30101 et seq.).
    (c) Disclosure of Returns of Presidents and Vice Presidents and 
Certain Candidates for President and Vice President.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents and 
        vice presidents and certain candidates for president and vice 
        president.--
                    ``(A) In general.--Upon written request by the 
                chairman of the Federal Election Commission under 
                section 10001(b)(2) of the For the People Act of 2021, 
                not later than the date that is 15 days after the date 
                of such request, the Secretary shall provide copies of 
                any return which is so requested to officers and 
                employees of the Federal Election Commission whose 
                official duties include disclosure or redaction of such 
                return under this paragraph.
                    ``(B) Disclosure to the public.--
                            ``(i) In general.--The chairman of the 
                        Federal Election Commission shall make publicly 
                        available any return which is provided under 
                        subparagraph (A).
                            ``(ii) Redaction of certain information.--
                        Before making publicly available under clause 
                        (i) any return, the chairman of the Federal 
                        Election Commission shall redact such 
                        information as the Federal Election Commission 
                        and the Secretary jointly determine is 
                        necessary for protecting against identity 
                        theft, such as social security numbers.''.
            (2) Conforming amendments.--Section 6103(p)(4) of the 
        Internal Revenue Code of 1986 is amended--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``or (22)'' and inserting ``(22), or (23)''; 
                and
                    (B) in subparagraph (F)(ii) by striking ``or (22)'' 
                and inserting ``(22), or (23)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to disclosures made on or after the date of 
        enactment of this Act.
                                                        Calendar No. 77

117th CONGRESS

  1st Session

                                S. 2093

_______________________________________________________________________

                                 A BILL

To expand Americans' access to the ballot box, reduce the influence of 
big money in politics, strengthen ethics rules for public servants, and 
implement other anti-corruption measures for the purpose of fortifying 
                 our democracy, and for other purposes.

_______________________________________________________________________

                             June 17, 2021

            Read the second time and placed on the calendar