[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 992 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 992

   To amend title IV of the Higher Education Act of 1965 to require 
  institutions of higher education that participate in programs under 
such title to distribute voter registration forms to students enrolled 
              at the institution, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

Mr. Booker (for himself, Mr. Durbin, Ms. Klobuchar, Mrs. Feinstein, Mr. 
 Blumenthal, Mr. Brown, and Ms. Hirono) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend title IV of the Higher Education Act of 1965 to require 
  institutions of higher education that participate in programs under 
such title to distribute voter registration forms to students enrolled 
              at the institution, 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 ``Help Students Vote Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that political participation and civic 
engagement are fundamental to the health of American democracy, and 
that all citizens should be encouraged to vote, regardless of party 
affiliation.

SEC. 3. DISTRIBUTING VOTER REGISTRATION INFORMATION.

    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 prescribed pursuant to 
                section 9 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;
                    ``(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 the ability of out of State students to 
                        vote in the State in which they are enrolled 
                        and physically in attendance, in accordance 
                        with applicable State law; and
                            ``(II) 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 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 (as defined in such 
                section), ensure to the greatest extent practicable 
                that--
                            ``(I) such voting materials are provided in 
                        accordance with section 203 of such 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) conform to the accessibility 
                                standards under section 508 of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                794d).
            ``(B) The institution shall be considered in compliance 
        with the requirements of subparagraph (A)--
                    ``(i) if, with respect to each student enrolled who 
                is not exclusively enrolled in distance education at 
                the institution, the institution--
                            ``(I)(aa) distributes voter registration 
                        applications to such students not less than 
                        twice in a calendar year, and distributes such 
                        voter registration applications not less than 
                        30 days in advance of the deadline for 
                        registering to vote within the State for the 
                        next scheduled 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 Federal or 
                        State general or special election; or
                            ``(bb) electronically transmits a message 
                        to such students containing a voter 
                        registration application (or the message 
                        contains an Internet address where such a voter 
                        registration application can be accessed or 
                        downloaded) acceptable for use in the State in 
                        which the institution is located to each such 
                        student, and such electronic message is devoted 
                        exclusively to voter registration, not less 
                        than twice in a calendar year, and transmits 
                        such a message not less than 30 days in advance 
                        of the deadline for registering to vote within 
                        the State for the next scheduled 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 
                        Federal or State general or special election;
                    ``(II) during a period that the institution 
                requires or encourages students to remain off-campus 
                due to a national, State, or local public health or 
                other emergency, additionally--
                            ``(aa) requests that the State in which the 
                        institution is located provide the institution 
                        with absentee ballot applications, as 
                        applicable, or 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) and received in 
                        accordance with section 303(d) of the Help 
                        America Vote Act of 2002 (52 U.S.C. 21083(d)) 
                        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 students of applicable 
                        deadlines for requesting and submitting an 
                        absentee ballot, as well as additional options 
                        for early and in-person voting, and voting on 
                        Election Day, as applicable; and
                            ``(dd) shares credible, nonpartisan 
                        resources 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) ensures that an appropriate staff person or 
                office has been designated as a `Campus Vote 
                Coordinator' to ensure compliance in accordance with 
                this clause at the institution and who shall--
                            ``(aa) be publicly designated as the 
                        `Campus Vote Coordinator', along with the 
                        Coordinator's contact information, on the 
                        institution's website; and
                            ``(bb) upon request, provide to students 
                        residency requirements for voting, including 
                        the ability of out of State students to vote in 
                        the State in which they are enrolled and 
                        physically in attendance, in accordance with 
                        applicable State law; and
            ``(ii) if, with respect to each student enrolled 
        exclusively in distance education or correspondence programs, 
        the institution--
                    ``(I) transmits a message devoted exclusively to 
                voter registration referring such students to a 
                centralized voter registration website or platform that 
                provides applicable voter registration application and 
                voting information for all States, provided that such 
                platform is hosted by a government affiliated website;
                    ``(II) transmits such message not less than twice 
                in a calendar year; and
                    ``(III) 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.
    ``(C) The institution may also include voter registration 
applications within materials or information distributed to newly 
enrolled, or returning, students at the beginning of a term, consistent 
with the requirements of subparagraph (B).
    ``(D) In this paragraph--
            ``(i) the term `absentee ballot' means any ballot cast by 
        any means other than in person and for which the State requires 
        an application;
            ``(ii) 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;
            ``(iii) the term `Federal office' has the meaning given the 
        term in section 301(3) of the Federal Election Campaign Act of 
        1971 (52 U.S.C. 30101(3)); and
            ``(iv) the term `voter registration application' has the 
        meaning of the term `mail voter registration form' as described 
        in section 9(b) of the National Voter Registration Act of 1993 
        (52 U.S.C. 20508(b)).''.

SEC. 4. GRANTS AUTHORIZED.

    The Secretary of Education shall award grants to institutions of 
higher education that greatly exceed the minimum requirements under 
section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)(23)), including as demonstrated by--
            (1) sponsoring large on-campus voter mobilization efforts;
            (2) engaging the surrounding community in nonpartisan voter 
        registration and get out the vote efforts;
            (3) creating a website with centralized information about 
        voter registration and election dates;
            (4) inviting candidates to speak on campus; and
            (5) offering rides to the polls to increase voter 
        education, registration, and mobilization.

SEC. 5. ENFORCEMENT ACTIONS.

    (a) Corrective Action.--
            (1) In general.--The Secretary of Education shall submit a 
        written warning to an institution of higher education that 
        violates a requirement of section 487(a)(23) of the Higher 
        Education Act of 1965 (20 U.S.C. 1094(a)(23)) that includes a 
        direction to correct the violation not later than 60 days after 
        the date the warning was received.
            (2) Actions authorized.--If an institution of higher 
        education does not correct a violation in accordance with a 
        direction from the Secretary of Education as described in 
        paragraph (1), the Attorney General of the United States may 
        authorize the appropriate State law enforcement officer or the 
        chief elections official of a State to commence a civil action 
        in accordance with subsection (b).
    (b) Civil Actions.--
            (1) In general.--A State law enforcement officer or chief 
        elections official of a State may commence a civil action in 
        accordance with subsection (a) in the appropriate district 
        court of the United States against the institution that engages 
        in a pattern or practice of violating section 487(a)(23) of the 
        Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).
            (2) Relief.--In a civil action commenced under paragraph 
        (1), the court may--
                    (A) grant any appropriate equitable or declaratory 
                relief with respect to the violation of section 
                487(a)(23) of the Higher Education Act of 1965 (20 
                U.S.C. 1094(a)(23));
                    (B) award all other appropriate relief to any 
                person or group aggrieved by the violation;
                    (C) to vindicate the public interest, assess a 
                civil penalty in an amount not exceeding the amount 
                listed in section 487(c)(3)(B) of the Higher Education 
                Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any 
                violation; and
                    (D) take into account the number of days in which 
                the infraction occurred.
            (3) Intervention.--Upon timely application, a person 
        aggrieved by a violation of section 487(a)(23) of the Higher 
        Education Act of 1965 (20 U.S.C. 1094(a)(23)) with respect to 
        which a civil action is commenced under this subsection may 
        intervene in such action, and may obtain such appropriate 
        relief as the person could obtain in a civil action under 
        subsection (c) with respect to such violation, along with costs 
        and reasonable attorneys fees.
    (c) Private Right of Action.--
            (1) In general.--Any person or group aggrieved by a 
        violation of section 487(a)(23) of the Higher Education Act of 
        1965 (20 U.S.C. 1094(a)(23)) may commence a civil action in any 
        appropriate district court of the United States against the 
        institution that engages in such violation.
            (2) Relief.--In a civil action commenced under paragraph 
        (1), the court may--
                    (A) grant any appropriate equitable or declaratory 
                relief with respect to the violation of section 
                487(a)(23) of the Higher Education Act of 1965 (20 
                U.S.C. 1094(a)(23));
                    (B) award any other appropriate relief to the 
                person or group aggrieved by the violation, including 
                the costs of the action, such as reasonable attorneys 
                fees;
                    (C) to vindicate the public interest, assess a 
                civil penalty in an amount not exceeding the amount 
                listed in section 487(c)(3)(B) of the Higher Education 
                Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any 
                violation; and
                    (D) take into account the number of days in which 
                the infraction occurred.
            (3) Reporting.--Not later than 60 days before the date a 
        person or group aggrieved by a violation of section 487(a)(23) 
        of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) 
        commences a civil action under paragraph (1), the person or 
        group shall report the violation to the Department of 
        Education, a Federal or State law enforcement agency, and the 
        institution purported to have committed the violation via an 
        affidavit detailing the alleged violation.
            (4) Preservation of remedies.--Nothing in this section 
        shall be construed to preclude or limit any remedy otherwise 
        available under other law, including consequential and punitive 
        damages.

SEC. 6. CONFORMING AMENDMENTS TO HELP AMERICA VOTE ACT.

    Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) 
is amended--
            (1) in the section heading, by inserting ``; provision of 
        forms to institutions of higher education'' after ``by mail'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Provision of Absentee Ballot Application Forms to 
Institutions of Higher Education.--Each State shall provide the voter 
registration and absentee ballot application forms or access to 
electronic versions of such forms to each institution of higher 
education for the purposes described in section 487(a)(23) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).''; and
            (4) in subsection (e), as redesignated by paragraph (2), by 
        adding at the end the following new paragraph:
            ``(3) Requirement to provide voter registration and 
        absentee ballot application forms to institutions of higher 
        education.--Each State and jurisdiction shall be required to 
        comply with the requirements of subsection (d) no later than 30 
        days after the date of enactment of the Help Students Vote 
        Act.''.

SEC. 7. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.

    Section 443(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1087-53(b)(2)) is amended to read as follows:
            ``(2) provide that funds granted an institution of higher 
        education, pursuant to this section, may be used only to make 
        payments to students participating in work-study programs, 
        except that--
                    ``(A) for fiscal year 2022 and succeeding fiscal 
                years, an institution shall use at least 25 percent of 
                the total amount of funds granted to such institution 
                under this section for such fiscal year to compensate 
                students employed in community service and civic 
                engagement activities, such as voter registration, non-
                partisan voter engagement, and voter participation 
                work, and shall ensure that not less than 1 tutoring or 
                family literacy project (as described in subsection 
                (d)) is included in meeting the requirement of this 
                subparagraph, except that the Secretary may waive this 
                subparagraph if the Secretary determines that enforcing 
                this subparagraph would cause hardship for students at 
                the institution; and
                    ``(B) an institution may use a portion of the sums 
                granted to it to meet administrative expenses in 
                accordance with section 489 of this Act, may use a 
                portion of the sums granted to it to meet the cost of a 
                job location and development program in accordance with 
                section 446 of this part, and may transfer funds in 
                accordance with the provisions of section 488 of this 
                Act;''.
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