[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4563 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4563

To promote election integrity, voter confidence, and faith in elections 
 by removing Federal impediments to, equipping States with tools for, 
 and establishing voluntary considerations to support effective State 
administration of Federal elections, improving election administration 
 in the District of Columbia, improving the effectiveness of military 
voting programs, enhancing election security, and protecting political 
                    speech, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2023

  Mr. Steil (for himself, Mr. Tiffany, Mr. Gimenez, Mr. Wittman, Mr. 
Carey, Ms. Tenney, Mr. Valadao, Mr. Bost, Mr. Van Orden, Mr. Graves of 
 Louisiana, Mr. Reschenthaler, Mr. Grothman, Mr. Smith of New Jersey, 
    Mr. Guest, Mr. Calvert, Mr. Ellzey, Mrs. Boebert, Ms. Greene of 
   Georgia, Mr. Timmons, Mr. LaTurner, Mr. Lawler, Mr. Griffith, Mr. 
 Bucshon, Mr. Collins, Mr. Mooney, Mr. Fry, Mr. D'Esposito, Mr. Cline, 
Mr. Johnson of Louisiana, Ms. Lee of Florida, Mrs. Bice, Mr. Johnson of 
 South Dakota, Mr. Amodei, Ms. Stefanik, Mr. Moran, Mr. Buchanan, Mr. 
 Hudson, Mr. Loudermilk, Mr. Thompson of Pennsylvania, Mr. Murphy, Mr. 
   Carter of Georgia, Mrs. Hinson, Mr. Scalise, Mr. DesJarlais, Mr. 
Edwards, Mr. Latta, Mr. Kustoff, Mr. Stauber, Mrs. Houchin, Mr. Moylan, 
Mr. LaLota, Mr. Jackson of Texas, Mr. C. Scott Franklin of Florida, Mr. 
Alford, Mr. Graves of Missouri, Mr. Crenshaw, Ms. Mace, Mr. Moolenaar, 
 Ms. Foxx, Mr. Gooden of Texas, Mr. Tony Gonzales of Texas, Mr. Hill, 
    Mrs. Rodgers of Washington, Mrs. Harshbarger, Mr. Smucker, Mr. 
Wenstrup, Mr. Rouzer, Mr. LaMalfa, Mr. Williams of Texas, Mr. Pfluger, 
 Mr. McCarthy, Mr. Balderson, Mrs. McClain, Mr. Babin, Mr. Mike Garcia 
of California, Mr. Cole, Mrs. Wagner, Ms. Granger, Mr. Fleischmann, Mr. 
 Strong, Mr. Baird, Mr. Crawford, Mr. McClintock, Mrs. Miller of West 
  Virginia, Mr. Miller of Ohio, Mrs. Miller of Illinois, Mr. Moore of 
    Alabama, Mr. Feenstra, Mr. Mills, Mr. Carl, Mr. Austin Scott of 
  Georgia, Mr. Langworthy, Mr. Zinke, Mr. Kelly of Pennsylvania, Mr. 
 Aderholt, Mr. Carter of Texas, Mr. Newhouse, Mrs. Fischbach, Mr. Bean 
   of Florida, Mrs. Miller-Meeks, and Mr. Westerman) introduced the 
     following bill; which was referred to the Committee on House 
  Administration, and in addition to the Committees on the Judiciary, 
Ways and Means, Science, Space, and Technology, Intelligence (Permanent 
  Select), Homeland Security, Education and the Workforce, Financial 
 Services, Oversight and Accountability, and Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To promote election integrity, voter confidence, and faith in elections 
 by removing Federal impediments to, equipping States with tools for, 
 and establishing voluntary considerations to support effective State 
administration of Federal elections, improving election administration 
 in the District of Columbia, improving the effectiveness of military 
voting programs, enhancing election security, and protecting political 
                    speech, 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 ``American Confidence in Elections 
Act'' or the ``ACE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. General findings.
               TITLE I--ELECTION ADMINISTRATION INTEGRITY

   Subtitle A--Findings Relating to State Administration of Federal 
                               Elections

Sec. 101. Findings Relating to State Administration of Federal 
                            Elections.
   Subtitle B--Voluntary Considerations for State Administration of 
                           Federal Elections

Sec. 111. Short title.
Sec. 112. Findings.
Sec. 113. Election integrity voluntary considerations and Federal forum 
                            for State information sharing.
       Subtitle C--Requirements to Promote Integrity in Election 
                             Administration

Sec. 121. Ensuring only eligible American citizens may participate in 
                            Federal elections.
Sec. 122. State reporting requirements with respect to voter list 
                            maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools 
                            for State use.
Sec. 125. Mandatory provision of identification for certain voters not 
                            voting in person.
Sec. 126. Confirming access for Congressional election observers.
Sec. 127. Use of requirements payments for post-election audits.
Sec. 128. Increase in threshold for requiring information reporting 
                            with respect to certain payees.
Sec. 129. Voluntary guidelines with respect to nonvoting election 
                            technology.
Sec. 130. Status reports by National Institute of Standards and 
                            Technology.
Sec. 131. 501(c)(3) organizations prohibited from providing direct or 
                            indirect funding for election 
                            administration.
Sec. 132. Federal agency involvement in voter registration activities.
Sec. 133. Prohibition on use of Federal funds for election 
                            administration in States that permit ballot 
                            harvesting.
Sec. 134. Clarification with respect to Federal election record-keeping 
                            requirement.
Sec. 135. Clarification of rules with respect to hiring of election 
                            workers.
Sec. 136. State assistance in assigning mailing addresses with respect 
                            to Tribal Governments.
Sec. 137. State defined.
Sec. 138. Voter registration for applicants without driver's license or 
                            social security number.
Sec. 139. GAO study on domestic manufacturing and assembly of voting 
                            equipment.
     Subtitle D--District of Columbia Election Integrity and Voter 
                               Confidence

Sec. 141. Short title.
Sec. 142. Statement of congressional authority; findings.
Sec. 143. Requirements for elections in District of Columbia.
Sec. 144. Repeal of Local Resident Voting Rights Amendment Act of 2022.
Sec. 145. Effective date.
    Subtitle E--Administration of the Election Assistance Commission

Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election 
                            Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the 
                            Election Assistance Commission.
Sec. 154. General requirements for payments made by Election Assistance 
                            Commission.
Sec. 155. Executive Board of the Standards Board authority to enter 
                            into contracts.
Sec. 156. Election Assistance Commission primary role in election 
                            administration assistance.
Sec. 157. Clarification of the duties of the Election Assistance 
                            Commission.
Sec. 158. Election Assistance Commission powers.
Sec. 159. Membership of the Local Leadership Council.
Sec. 160. Rule of construction.
    Subtitle F--Prohibition on Involvement in Elections by Foreign 
                               Nationals

Sec. 161. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
Sec. 162. Prohibiting providing assistance to foreign nationals in 
                            making contributions or donations in 
                            connection with elections.
Sec. 163. Prohibition on contributions by foreign nationals to certain 
                            tax-exempt entities.
 Subtitle G--Constitutional Experts Panel With Respect to Presidential 
                               Elections

Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
                TITLE II--MILITARY VOTING ADMINISTRATION

Sec. 200. Short title.
            Subtitle A--Findings Relating to Military Voting

Sec. 201. Findings relating to military voting.
           Subtitle B--GAO Analysis on Military Voting Access

Sec. 211. Government Accountability Office report on implementation of 
                            Uniformed and Overseas Citizens Absentee 
                            Voting Act and improving access to voter 
                            registration information and assistance for 
                            absent uniformed services voters.
               TITLE III--FIRST AMENDMENT PROTECTION ACT

Sec. 300. Short title.
   Subtitle A--Protecting Political Speech and Freedom of Association

                  Part 1--Protecting Political Speech

Sec. 301. Findings.
Sec. 302. Repeal of limits on coordinated political party expenditures.
Sec. 303. Repeal of limit on aggregate contributions by individuals.
Sec. 304. Equalization of contribution limits to State and national 
                            political party committees.
Sec. 305. Expansion of permissible Federal election activity by State 
                            and local political parties.
Sec. 306. Participation in joint fundraising activities by multiple 
                            political committees.
               Part 2--Protecting Freedom of Association

Sec. 307. Findings.
Sec. 308. Protecting privacy of donors to tax-exempt organizations.
Sec. 309. Reporting requirements for tax-exempt organizations.
Sec. 310. Maintenance of standards for determining eligibility of 
                            section 501(c)(4) organizations.
   Subtitle B--Prohibition on Use of Federal Funds for Congressional 
                               Campaigns

Sec. 311. Prohibiting use of Federal funds for payments in support of 
                            congressional campaigns.
          Subtitle C--Registration and Reporting Requirements

Sec. 321. Electronic filing of electioneering communication reports.
Sec. 322. Increased qualifying threshold and establishing purpose for 
                            political committees.
Sec. 323. Increased threshold with respect to independent expenditure 
                            reporting requirement.
Sec. 324. Increased qualifying threshold with respect to candidates.
Sec. 325. Repeal requirement of persons making independent expenditures 
                            to report identification of certain donors.
      Subtitle D--Exclusion of Certain Amounts From Treatment as 
                     Contributions or Expenditures

Sec. 331. Increased threshold for exemption of certain amounts as 
                            contributions.
Sec. 332. Exemption of uncompensated internet communications from 
                            treatment as contribution or expenditure.
Sec. 333. Media exemption.
    Subtitle E--Prohibition on Issuance of Regulations on Political 
                             Contributions

Sec. 341. Prohibition on issuance of regulations on Political 
                            Contributions.
                  Subtitle F--Miscellaneous Provisions

Sec. 351. Permanent extension of fines for qualified disclosure 
                            requirement violations.
Sec. 352. Permitting political committees to make disbursements by 
                            methods other than check.
Sec. 353. Designation of individual authorized to make campaign 
                            committee disbursements in event of death 
                            of candidate.
Sec. 354. Prohibiting aiding or abetting making of contributions in 
                            name of another.
Sec. 355. Unanimous consent of Commission members required for 
                            Commission to refuse to defend actions 
                            brought against Commission.
Sec. 356. Federal Election Commission member pay.
Sec. 357. Uniform statute of limitations for proceedings to enforce 
                            Federal Election Campaign Act of 1971.
Sec. 358. Theft from political committee as a Federal crime.
Sec. 359. Repeal of obsolete provisions of law.
Sec. 360. Deadline for promulgation of proposed regulations.
                      TITLE IV--ELECTION SECURITY

                Subtitle A--Promoting Election Security

Sec. 401. Short title.
Sec. 402. Reports to Congress on foreign threats to elections.
Sec. 403. Rule of construction.
             Subtitle B--Cybersecurity for Election Systems

Sec. 411. Cybersecurity advisories relating to election systems.
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities 
                            in election equipment.
Sec. 413. Duty of Secretary of Homeland Security to notify State and 
                            local officials of election cybersecurity 
                            incidents.
                  TITLE V--CONGRESSIONAL REDISTRICTING

Sec. 501. Sense of Congress on authority to establish maps of 
                            congressional districts.
Sec. 502. Authority for Speaker of the House to join certain civil 
                            actions relating to apportionment.
Sec. 503. Census Monitoring Board.
               TITLE VI--DISINFORMATION GOVERNANCE BOARD

Sec. 601. Termination of the Disinformation Governance Board.
Sec. 602. Prohibition on funding similar board or similar activities.
                        TITLE VII--SEVERABILITY

Sec. 701. Severability.

SEC. 3. GENERAL FINDINGS.

    Congress finds the following:
            (1) According to article 1, section 4 of the Constitution 
        of the United States, the States have the primary role in 
        establishing ``(t)he Times, Places and Manners of holding 
        Elections for Senators and Representatives'', while Congress 
        has a purely secondary role in this space and must restrain 
        itself from acting improperly and unconstitutionally.
            (2) Federal election legislation should never be the first 
        step and must never impose burdensome, unfunded Federal 
        mandates on State and local elections officials. When Congress 
        does speak, it must devote its efforts only to resolving highly 
        significant and substantial deficiencies to ensure the 
        integrity of our elections. State legislatures are the primary 
        venues to establish rules for governing elections and correct 
        most issues.
            (3) All eligible American voters who wish to participate 
        must have the opportunity to vote, and all lawful votes must be 
        counted.
            (4) States must balance appropriate election administration 
        structures and systems with accessible access to the ballot 
        box.
            (5) Political speech is protected speech.
            (6) The First Amendment protects the right of all Americans 
        to state their political views and donate money to the 
        candidates, causes, and organizations of their choice without 
        fear of retribution.
            (7) Redistricting decisions are best made at the State 
        level.
            (8) States must maintain the flexibility to determine the 
        best redistricting processes for the particular needs of their 
        citizens.
            (9) Congress has independent authority under the 
        Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-
        Sixth Amendments to ensure elections are conducted without 
        unlawful discrimination.
            (10) The Civil Rights Act and the Voting Rights Act, which 
        are not anchored in article 1, section 4 of the Constitution, 
        have seen much success since their passage in 1964 and 1965, 
        and Congress should continue to exercise its constitutional 
        authority in this space as appropriate.

               TITLE I--ELECTION ADMINISTRATION INTEGRITY

   Subtitle A--Findings Relating to State Administration of Federal 
                               Elections

SEC. 101. FINDINGS RELATING TO STATE ADMINISTRATION OF FEDERAL 
              ELECTIONS.

    (a) Sense of Congress.--It is the sense of Congress that 
constitutional scholar Robert Natelson has done invaluable work with 
respect to the history and understanding of the Elections Clause.
    (b) Findings.--Congress finds the following:
            (1) The Constitution reserves to the States the primary 
        authority and the duty to set election legislation and 
        administer elections--the ``times, places, and manner of 
        holding of elections''--and Congress' power in this space is 
        purely secondary to the States' power and is to be employed 
        only in the direst of circumstances. History, precedent, the 
        Framers' words, debates concerning ratification, the Supreme 
        Court, and the Constitution itself make it exceedingly clear 
        that Congress' power over elections is not unfettered.
            (2) The Framing Generation grappled with the failure of the 
        Articles of Confederation, which provided for only a weak 
        national government incapable of preserving the Union. Under 
        the Articles, the States had exclusive authority over Federal 
        elections held within their territory; but, given the 
        difficulties the national government had experienced with State 
        cooperation (e.g., the failure of Rhode Island to send 
        delegates to the Confederation Congress), the Federalists, 
        including Alexander Hamilton, were concerned with the 
        possibility that the States, in an effort to destroy the 
        Federal government, simply might not hold elections or that an 
        emergency, such as an invasion or insurrection, might prevent 
        the operation of a State's government, leaving the Congress 
        without Members and the Federal government unable to respond.
            (3) Quite plainly, Alexander Hamilton, a leading Federalist 
        and proponent of our Constitution, understood the Elections 
        Clause as serving only as a sort of emergency fail-safe, not as 
        a cudgel used to nationalize our elections process. Writing as 
        Publius to the people of New York, Hamilton further expounds on 
        the correct understanding of the Elections Clause: ``T[he] 
        natural order of the subject leads us to consider, in this 
        place, that provision of the Constitution which authorizes the 
        national legislature to regulate, in the last resort, the 
        election of its own members.''. Alexander Hamilton (writing as 
        Publius), Federalist no. 59, Concerning the Power of Congress 
        to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 
        22, 1788).
            (4) When questioned at the States' constitutional ratifying 
        conventions with respect to this provision, the Federalists 
        confirmed this understanding of a constitutionally limited, 
        secondary congressional power under article 1, section 4. 
        (``[C]onvention delegate James McHenry added that the risk to 
        the federal government [without a fail-safe provision] might 
        not arise from state malice: An insurrection or rebellion might 
        prevent a state legislature from administering an election.''); 
        (``An occasion may arise when the exercise of this ultimate 
        power of Congress may be necessary . . . if a state should be 
        involved in war, and its legislature could not assemble, (as 
        was the case of South Carolina and occasionally of some other 
        states, during the [Revolutionary] war).''); (``Sir, let it be 
        remembered that this power can only operate in a case of 
        necessity, after the factious or listless disposition of a 
        particular state has rendered an interference essential to the 
        salvation of the general government.''). See Robert G. 
        Natelson, The Original Scope of the Congressional Power to 
        Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov. 
        2010).
            (5) John Jay made similar claims in New York. And, as 
        constitutional scholar Robert Natelson notes in his invaluable 
        article, The Original Scope of the Congressional Power to 
        Regulate Elections, ``Alexander Contee Hanson, a member of 
        Congress whose pamphlet supporting the Constitution proved 
        popular, stated flatly that Congress would exercise its times, 
        places, and manner authority only in cases of invasion, 
        legislative neglect or obstinate refusal to pass election laws 
        [providing for the election of Members of Congress], or if a 
        state crafted its election laws with a `sinister purpose' or to 
        injure the general government.'' Cementing his point, Hanson 
        goes further to decree, ``The exercise of this power must at 
        all times be so very invidious, that congress will not venture 
        upon it without some very cogent and substantial reason.''. 
        Alexander Contee Hanson (writing as Astrides), Remarks on the 
        Proposed Plan: 31 January, reprinted in John P. Kaminski, 
        Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries 
        on the Constitution, public and private 18 December 1787 to 31 
        January 1788, 522-26 (1984).
            (6) In fact, had the alternate view of the Elections Clause 
        been accepted at the time of the Constitution's drafting--that 
        is, that it offers Congress unfettered power over Federal 
        elections--it is likely that the Constitution would not have 
        been ratified or that an amendment to this language would have 
        been required.
            (7) Indeed, at least seven of the original 13 States--over 
        half and enough to prevent the Constitution from being 
        ratified--expressed specific concerns with the language of the 
        Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph 
        Gales (ed.) (1834). However, ``[l]eading Federalists . . .'' 
        assured them ``. . . that, even without amendment, the 
        [Elections] Clause should be construed as limited to 
        emergencies''. Three States, New York, North Carolina, and 
        Rhode Island, specifically made their ratification contingent 
        on this understanding being made express. Ratification of the 
        Constitution by the State of New York (July 26, 1788) (``Under 
        these impressions and declaring that the rights aforesaid 
        cannot be abridged or violated, and the Explanations aforesaid 
        are consistent with the said Constitution, And in confidence 
        that the Amendments which have been proposed to the said 
        Constitution will receive early and mature Consideration: We 
        the said Delegates, in the Name and in [sic] the behalf of the 
        People of the State of New York Do by these presents Assent to 
        and Ratify the said Constitution. In full Confidence . . . that 
        the Congress will not make or alter any Regulation in this 
        State respecting the times places and manner of holding 
        Elections for Senators or Representatives unless the 
        Legislature of this State shall neglect or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same, and that in those cases such 
        power will only be exercised until the Legislature of this 
        State shall make provision in the Premises''); Ratification of 
        the Constitution by the State of North Carolina (Nov. 21, 1789) 
        (``That Congress shall not alter, modify, or interfere in the 
        times, places, or manner of holding elections for senators and 
        representatives, or either of them, except when the legislature 
        of any state shall neglect, refuse or be disabled by invasion 
        or rebellion, to prescribe the same.''); Ratification of the 
        Constitution by the State of Rhode Island (May 29, 1790) 
        (``Under these impressions, and declaring, that the rights 
        aforesaid cannot be abridged or violated, and that the 
        explanations aforesaid, are consistent with the said 
        constitution, and in confidence that the amendments hereafter 
        mentioned, will receive an early and mature consideration, and 
        conformably to the fifth article of said constitution, speedily 
        become a part thereof; We the said delegates, in the name, and 
        in [sic] the behalf of the People, of the State of Rhode-Island 
        and Providence-Plantations, do by these Presents, assent to, 
        and ratify the said Constitution. In full confidence . . . That 
        the Congress will not make or alter any regulation in this 
        State, respecting the times, places and manner of holding 
        elections for senators and representatives, unless the 
        legislature of this state shall neglect, or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same; and that [i]n those cases, such 
        power will only be exercised, until the legislature of this 
        State shall make provision in the Premises[.]'').
            (8) Congress finds that the Framers designed and the 
        ratifying States understood the Elections Clause to serve 
        solely as a protective backstop to ensure the preservation of 
        the Federal Government, not as a font of limitless power for 
        Congress to wrest control of Federal elections from the States.
            (9) This understanding was also reinforced by debate during 
        the first Congress that convened under the Constitution where 
        Representative Aedanus Burke proposed a constitutional 
        amendment to limit the Times, Places and Manner Clause to 
        emergencies. Although the amendment failed, those on both sides 
        of the Burke amendment debate already understood the Elections 
        Clause to limit Federal elections power to emergencies.
            (10) History clearly shows that even in the first Congress 
        that convened under the Constitution, it was acknowledged and 
        understood through the debates that ensued over the Elections 
        Clause provision that Congress' control over elections is 
        limited.
            (11) Similarly, proponent Representative Smith of South 
        Carolina also believed the original text of the Elections 
        Clause already limited the Federal Government's power over 
        Federal elections to emergencies and so thought there would be 
        no harm in supporting an amendment to make that language 
        express. Annals of Congress 801 (1789) Joseph Gales Edition. A 
        Century of Lawmaking for a New Nation: U.S. Congressional 
        Documents and Debates, 1774-1875 (loc.gov). So, even the 
        records of the First Congress reflect a recognition of the 
        emergency nature of congressional power over Federal elections.
            (12) Similarly, the Supreme Court has supported this 
        understanding. In Smiley v. Holm, the Court held that article 
        1, section 4 of the Constitution reserved to the States the 
        primary ``. . . authority to provide a complete code for 
        congressional elections, not only as to times and places, but 
        in relation to notices, registration, supervision of voting, 
        protection of voters, prevention of fraud and corrupt 
        practices, counting of votes, duties of inspectors and 
        canvassers, and making and publication of election returns; in 
        short, to enact the numerous requirements as to procedure and 
        safeguards which experience shows are necessary in order to 
        enforce the fundamental right involved. And these requirements 
        would be nugatory if they did not have appropriate sanctions in 
        the definition of offenses and punishments. All this is 
        comprised in the subject of `times, places and manner of 
        holding elections', and involves lawmaking in its essential 
        features and most important aspect.''. Smiley v. Holm, 285 U.S. 
        355, 366 (1932).
            (13) This holding is consistent with the understanding of 
        the Elections Clause since the framing of the Constitution. The 
        Smiley Court also held that while Congress maintains the 
        authority to ``. . . supplement these state regulations or [to] 
        substitute its own[]'', such authority remains merely ``a 
        general supervisory power over the whole subject.''. Id.
            (14) More recently, the Court noted in Arizona v. Inter-
        Tribal Council of Ariz., Inc. that ``[t]his grant of 
        congressional power [that is, the fail-safe provision in the 
        Elections Clause] was the Framers' insurance against the 
        possibility that a State would refuse to provide for the 
        election of representatives to the Federal Congress.''. Arizona 
        v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9 
        (2013). The Court explained that the Elections Clause ``. . . 
        imposes [upon the States] the duty . . . to prescribe the time, 
        place, and manner of electing Representatives and 
        Senators[.]''. Id. at 8. And, while, as the Court noted, 
        ``[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[]'', Id. at 9, the Inter-Tribal Court explained, 
        quoting extensively from the Federalist no. 59, that it was 
        clear that the congressional fail-safe included in the 
        Elections Clause was intended for the sorts of governmental 
        self-preservation discussed here: ``[E]very government ought to 
        contain in itself the means of its own preservation[.]''; 
        ``[A]n exclusive power of regulating elections for the national 
        government, in the hands of the State legislatures, would leave 
        the existence of the Union entirely at their mercy. They could 
        at any moment annihilate it by neglecting to provide for the 
        choice of persons to administer its affairs.''. Id. at 8.
            (15) It is clear in every respect that the congressional 
        fail-safe described in the Elections Clause vests purely 
        secondary authority over Federal elections in the Federal 
        legislative branch and that the primary authority rests with 
        the States. Congressional authority is intended to be, and as a 
        matter of constitutional fact is, limited to addressing the 
        worst imaginable issues, such as invasion or other matters that 
        might lead to a State not electing representatives to 
        constitute the two Houses of Congress. Congress' authority has 
        never extended to the day-to-day authority over the ``Times, 
        Places and Manner of Election'' that the Constitution clearly 
        reserves to the States.
            (16) Congress must act within the bounds of its 
        constitutional authority when enacting legislation concerning 
        the administration of our Nation's elections.

   Subtitle B--Voluntary Considerations for State Administration of 
                           Federal Elections

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Voluntarily Offered Tools for 
Election Reforms by States Act'' or the ``VOTERS Act''.

SEC. 112. FINDINGS.

    Congress finds the following:
            (1) The United States Constitution reserves to the states 
        the primary duty and authority to establish election law and to 
        administer of Federal elections. See article I, section 4, 
        clause 1 of the Constitution of the United States.
            (2) Under America's decentralized election system, there is 
        not a one-size-fits-all approach to how elections are 
        administered.
            (3) Each State should be afforded the flexibility to 
        implement election administration processes and procedures that 
        are most beneficial in meeting the needs of its voters and 
        ensuring that its elections are free, fair, and secure.
            (4) The Federal government is in a position to provide 
        States with voluntary tools to improve election integrity and 
        voter confidence, as well as removing Federal impediments that 
        hinder State efforts.
            (5) The Election Assistance Commission (EAC) was 
        established to assist States in the administration of Federal 
        elections. One of its core missions is to serve as a 
        clearinghouse for election administration information and to 
        provide a forum for States to discuss and exchange ideas on 
        issues related to the administration of Federal elections, 
        including practices, processes, and procedures.
            (6) The EAC's Standards Board and Local Leadership Council 
        are advisory boards with State and local election official 
        membership from all fifty States and territories and are best 
        suited to develop voluntary considerations for various election 
        administration practices, processes, and procedures.

SEC. 113. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS AND FEDERAL FORUM 
              FOR STATE INFORMATION SHARING.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
            (1) by redesignating section 247 as section 248; and
            (2) by inserting after section 246 the following new 
        section:

``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD AND 
              LOCAL LEADERSHIP COUNCIL WITH RESPECT TO ELECTION 
              ADMINISTRATION.

    ``(a) In General.--The Standards Board and the Local Leadership 
Council of the Commission shall draw from experiences in their home 
jurisdictions and information voluntarily provided by and between 
States and their political subdivisions on the effectiveness or 
ineffectiveness of election administration policies and release 
voluntary considerations with respect to the administration of an 
election for Federal office.
    ``(b) Matters To Consider.--In releasing the voluntary 
considerations under subsection (a), the Standards Board and the Local 
Leadership Council shall examine and consolidate information provided 
by States and release considerations with respect to each of the 
following categories:
            ``(1) The process for the administration of ballots 
        delivered by mail, including--
                    ``(A) deadlines for the return and receipt of such 
                ballots to the appropriate election official;
                    ``(B) the design of such ballots, including the 
                envelopes used to deliver the ballots;
                    ``(C) the process for requesting and tracking the 
                return of such ballots;
                    ``(D) the processing of such ballots upon receipt 
                by the appropriate election official, including the 
                schedule for counting the ballots and the reporting of 
                the unofficial results of such counting; and
                    ``(E) voter identity verification procedures, 
                including signature matching or verification.
            ``(2) The signature verification procedures used to verify 
        the identity of voters in an election, which shall include an 
        evaluation of human and machine methods of signature 
        verification, an assessment of the training provided to 
        individuals tasked to carry out such verification procedures, 
        and the proposal of other less subjective methods of confirming 
        the identity of a voter such as requiring the identification 
        number of a valid government-issued photo identification or the 
        last four digits of the voter's social security number to be 
        provided along with the voter's signature.
            ``(3) The processes used to carry out maintenance of the 
        official list of persons registered to vote in each State.
            ``(4) Rules and requirements with respect to the access 
        provided to election observers.
            ``(5) The processes used to ensure the timely and accurate 
        reporting of the unofficial results of ballot counting in each 
        polling place in a State and the reporting of the unofficial 
        results of such counting.
            ``(6) The methods used to recruit poll workers and 
        designate the location of polling places during a pandemic, 
        natural disaster, or other emergency.
            ``(7) The education of the public with respect to the 
        certification and testing of voting machines and related 
        nonvoting election technology (as defined in section 298C of 
        the Help America Vote Act of 2002) prior to the use of such 
        machines and technology in an election for Federal office, 
        including education with respect to--
                    ``(A) how such machines and technology are tested 
                for accuracy, logic, and security; and
                    ``(B) the connectivity to the public internet of 
                such machines and technology.
            ``(8) The processes and procedures used to carry out a 
        post-election audit.
            ``(9) The processes and procedures used to ensure a secure 
        chain of custody with respect to ballots and election 
        equipment.
            ``(10) Public education, access, and citizen oversight and 
        input with respect to the certification and testing of voter 
        machines prior to Federal elections.
            ``(11) The conduct of independent post-election audits.
            ``(12) Transparency in the election and voting process.
            ``(13) Accountability measures to ensure compliance by 
        election administrators with applicable law.
    ``(c) Release of Voluntary Considerations.--
            ``(1) Deadline for release.--Not later than 12 months after 
        the date of the enactment of the ACE Act, the Standards Board 
        shall release voluntary considerations with respect to each of 
        the categories described in subsection (b).
            ``(2) Transmission and notification requirements.--Not 
        later than 15 days after the date the Standards Board releases 
        voluntary considerations with respect to a category described 
        in subsection (b), the Commission shall--
                    ``(A) transmit the considerations to the chief 
                State election official of each State and the elected 
                leadership of the legislature of each State, including 
                the elected leadership of any committee of the 
                legislature of a State with jurisdiction with respect 
                to elections;
                    ``(B) make the considerations available on a 
                publicly accessible Government website; and
                    ``(C) notify and transmit the considerations to the 
                chair and ranking minority member of the Committee on 
                House Administration of the House of Representatives, 
                the chair and ranking minority member of the Committee 
                on Rules and Administration of the Senate, and the 
                chairs and ranking minority members of other relevant 
                committees of Congress.
    ``(d) Use of Requirements Payments for Implementation of Voluntary 
Considerations.--A State may use a requirements payment provided under 
this Act or any other Federal funds made available to the State by the 
Commission for the purposes of election administration to implement any 
of the voluntary considerations released under subsection (a).
    ``(e) Rule of Construction.--Nothing in this section may be 
construed--
            ``(1) to require compliance with the voluntary 
        considerations released under subsection (a), including as a 
        condition of the receipt of Federal funds; or
            ``(2) to treat the lack of compliance with such 
        considerations as a violation of the Voting Rights Act of 1965 
        or the Civil Rights Act of 1964 or to treat compliance with 
        such considerations as a defense against an alleged violation 
        of either such Act.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the item relating to section 247 as 
        relating to section 248; and
            (2) by inserting after the item relating to section 246 the 
        following new item:

``Sec. 247. Release of voluntary considerations by Standards Board with 
                            respect to election administration.''.

       Subtitle C--Requirements to Promote Integrity in Election 
                             Administration

SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN 
              FEDERAL ELECTIONS.

    (a) Short Title.--This section may be cited as the ``Non-Citizens: 
Outlawed from Voting in Our Trusted Elections Act of 2023'' or the ``NO 
VOTE for Non-Citizens Act of 2023''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Every eligible American citizen who wishes to 
                cast a ballot in a Federal election must be permitted 
                to do so according to law, and their ballot must be 
                examined according to law, and, if it meets all lawful 
                requirements, counted.
                    (B) Congress has long required States to maintain 
                Federal voter registration lists in a manner that 
                promotes voter confidence.
                    (C) The changes included herein are not intended to 
                be an expansion of Federal power but rather a 
                clarification of State authority.
                    (D) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (E) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (F) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
                    (G) Since the Constitution prohibits non-citizens 
                from voting in Federal elections, such ineligible 
                persons must not be permitted to be placed on Federal 
                voter registration lists.
                    (H) Improper placement of an ineligible non-citizen 
                on a Federal voter registration list leads to--
                            (i) confusion on the part of the ineligible 
                        person with respect to their ineligibility to 
                        cast a ballot; and
                            (ii) an increased likelihood that human 
                        error will permit ineligible persons to cast 
                        ballots in Federal elections.
                    (I) State officials have confirmed that poorly 
                maintained voter registration lists lead to ineligible 
                persons casting ballots in Federal elections.
                    (J) A former Broward County, Florida, elections 
                supervisor has confirmed that ineligible non-voters 
                were able to cast ballots in previous elections and 
                that she was not able to locate as many as 2,040 
                ballots during the 2018 midterm recount.
                    (K) This clarification of State authority to 
                maintain Federal voter registration lists to ensure 
                non-citizens are not included on such lists will 
                promote voter confidence in election processes and 
                outcomes.
                    (L) Congress has the authority to ensure that no 
                Federal elections funding is used to support States 
                that permit non-citizens to cast ballots in any 
                election.
                    (M) Federal courts and executive agencies have much 
                of the information States may need to maintain their 
                Federal voter registration lists, and those entities 
                should make that information accessible to State 
                election authorities.
                    (N) It is important to clarify the penalty for any 
                violation of law that allows a non-citizen to cast a 
                ballot in a Federal election.
                    (O) To protect the confidence of voters in Federal 
                elections, it is important to implement the policy 
                described herein.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) many States have not adequately met the 
                requirements concerning the removal of ineligible 
                persons from State voter registration rolls pursuant to 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and should strive to audit and 
                update their voter registration rolls on a routine 
                basis;
                    (B) allowing non-citizens to cast ballots in 
                American elections weakens our electoral system, 
                directly and indirectly impacts Federal policy and 
                funding decisions and candidate choice through the 
                election of State and local officials, dilutes the 
                value of citizenship, and sows distrust in our 
                elections system;
                    (C) even if a State has the sovereign authority, no 
                State should permit non-citizens to cast ballots in 
                State or local elections;
                    (D) States should use all information available to 
                them to maintain Federal voter registration lists and 
                should inform Congress if such data is insufficient; 
                and
                    (E) Congress may take further action in the future 
                to address this problem.
    (c) Clarifying Authority of States To Remove Noncitizens From 
Voting Rolls.--
            (1) Authority under regular removal programs.--Section 
        8(a)(4) of the National Voter Registration Act of 1993 (52 
        U.S.C. 20507(a)(4)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) the registrant's status as a noncitizen of 
                the United States; or''.
            (2) Conforming amendment relating to ongoing removal.--
        Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) 
        is amended by striking ``(4)(A)'' and inserting ``(4)(A) or 
        (B)''.
    (d) Requirement To Maintain Separate State Voter Registration List 
for Noncitizens.--Section 8(a) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20507(a)) is amended--
            (1) in paragraph (5)(B), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in the case of a State that allows individuals who 
        are not citizens of the United States to vote in elections for 
        public office in the State or any local jurisdiction of the 
        State, ensure that the name of any registrant who is not a 
        citizen of the United States is maintained on a voter 
        registration list that is separate from the official list of 
        eligible voters with respect to registrants who are citizens of 
        the United States.''.
    (e) Requirements for Ballots for State or Local Jurisdictions That 
Allow Noncitizen Voting.--Section 301(a)(1) of the Help America Vote 
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) In the case of a State or local jurisdiction 
                that allows individuals who are not citizens of the 
                United States to vote in elections for public office in 
                the State or local jurisdiction, the ballot used for 
                the casting of votes by a noncitizen in such State or 
                local jurisdiction may only include the candidates for 
                the elections for public office in the State or local 
                jurisdiction for which the noncitizen is permitted to 
                vote.''.
    (f) Reduction in Payments for Election Administration to States or 
Local Jurisdictions That Allow Noncitizen Voting.--
            (1) In general.--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. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT 
              ALLOW NONCITIZEN VOTING.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the amount of a payment under this Act to any State or local 
jurisdiction that allows individuals who are not citizens of the United 
States to vote in elections for public office in the State or local 
jurisdiction shall be reduced by 30 percent.
    ``(b) Prohibition on Use of Funds for Certain Election 
Administration Activities.--Notwithstanding any other provision of law, 
no Federal funds may be used to implement the requirements of section 
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C. 
20507(a)(7)) (as added by section 121(d) of the American Confidence in 
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the 
American Confidence in Elections Act) in a State or local jurisdiction 
that allows individuals who are not citizens of the United States to 
vote in elections for public office in the State or local 
jurisdiction.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 907. Reduction in payments to States or local jurisdictions that 
                            allow noncitizen voting.''.
    (g) Promoting Provision of Information by Federal Entities.--
            (1) In general.--
                    (A) Requirement.--Each entity of the Federal 
                government which maintains information which is 
                relevant to the status of an individual as a registered 
                voter in elections for Federal office in a State shall, 
                upon the request of an election official of the State, 
                provide that information to the election official.
                    (B) Prohibiting fees.--The head of an entity 
                described in subparagraph (A) may not charge a fee for 
                responding to an election official's request under such 
                subparagraph.
            (2) Policies and procedures.--Consistent with section 
        3506(g) of title 44, United States Code, an entity of the 
        Federal government shall carry out this subsection in 
        accordance with policies and procedures which will ensure that 
        the information is provided securely, accurately, and in a 
        timely basis.
            (3) Conforming amendment relating to coverage under privacy 
        act.--Section 552a(b) of title 5, United States Code, is 
        amended--
                    (A) by striking ``or'' at the end of paragraph 
                (11);
                    (B) by striking the period at the end of paragraph 
                (12) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) to an election official of a State in accordance 
        with section 121(h) of the American Confidence in Elections 
        Act.''.
    (h) Ensuring Provision of Information to State Election Officials 
on Individuals Recused From Jury Service on Grounds of 
Noncitizenship.--
            (1) Requirement described.--If a United States district 
        court recuses an individual from serving on a jury on the 
        grounds that the individual is not a citizen of the United 
        States, the court shall transmit a notice of the individual's 
        recusal--
                    (A) to the chief State election official of the 
                State in which the individual resides; and
                    (B) to the Attorney General.
            (2) Definitions.--For purposes of this subsection--
                    (A) the ``chief State election official'' of a 
                State is 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; and
                    (B) 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), as amended by section 138.
    (i) Prohibition on Voting by Noncitizens in Federal Elections.--
            (1) In general.--Section 12 of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20511) is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Prohibition on Voting by Aliens.--
            ``(1) In general.--It shall be unlawful for any alien to 
        vote in any election in violation of section 611 of title 18, 
        United States Code.
            ``(2) Penalties.--Any person who violates this subsection 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 1 year, or both.''.
            (2) Effective date.--This subsection and the amendments 
        made by this subsection shall apply with respect to elections 
        held after the date of the enactment of this Act.

SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST 
              MAINTENANCE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) in subsection (i), by adding at the end the following:
    ``(3) The records maintained pursuant to paragraph (1) shall 
include lists of the names and addresses of all registrants in a State 
who were inactive according to the criteria described in subsection 
(d)(1)(B) and the length of time each such registrant has been inactive 
according to such criteria.
    ``(4) Nothing in this subsection may be construed to waive the 
requirement that a State make the records maintained pursuant to 
paragraph (1) publically available, without regard to whether or not 
the records are maintained in whole or in part, or were provided to the 
State or a political subdivision of the State, by a nongovernmental 
organization or other private entity.'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance 
Commission a report that includes, with respect to such State during 
the preceding 2-year period, the total number of--
            ``(1) registrants who were inactive according to the 
        criteria described in subsection (d)(1)(B) and the length of 
        time each such registrant has been inactive according to such 
        criteria;
            ``(2) registrants who voted in at least one of the prior 2 
        consecutive general elections for Federal office;
            ``(3) registrants removed from the list of official voters 
        in the State pursuant to subsection (d)(1)(B);
            ``(4) notices sent to registrants pursuant to subsection 
        (d)(2); and
            ``(5) registrants who received a notice described in 
        paragraph (4) who responded to such notice.''.

SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.

    (a) Short Title.--This section may be cited as the ``State 
Instruction Inclusion Act''.
    (b) In General.--Section 6(a) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20505(a)) is amended--
            (1) in paragraph (1), by inserting ``, except that a State 
        may, in addition to the criteria stated in section 9(b), 
        require that an applicant provide proof that the applicant is a 
        citizen of the United States'' after ``elections for Federal 
        office''; and
            (2) in paragraph (2), by inserting ``and such form may 
        include a requirement that the applicant provide proof that the 
        applicant is a citizen of the United States'' after ``elections 
        for Federal office''.

SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS 
              FOR STATE USE.

    (a) Short Title.--This section may be cited as the ``Citizen Vote 
Protection Act''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Photo voter identification programs established 
                by the States should be administered without unlawful 
                discrimination and with an eye toward balancing 
                appropriate access to the ballot box with election 
                integrity and voter confidence goals.
                    (B) As confirmed by the bipartisan Commission on 
                Federal Election Reform (commonly known as the Carter-
                Baker Commission), ``[v]oters in nearly 100 democracies 
                use a photo identification card without fear of 
                infringement of their rights''.
                    (C) As confirmed by the Carter-Baker Commission, 
                ``[t]he right to vote is a vital component of U.S. 
                citizenship and all States should use their best 
                efforts to obtain proof of citizenship before 
                registering voters.''.
                    (D) The Carter-Baker Commission was correct in its 
                2005 report when it recommended that the REAL ID Act be 
                ``modestly adapted for voting purposes to indicate on 
                the front or back whether the individual is a U.S. 
                citizen.''.
                    (E) Congress acknowledges the important work 
                completed by the Carter-Baker Commission and, by 
                amending the REAL ID Act, resolves the concerns in the 
                Commission's report that ``[t]he REAL ID Act does not 
                require that the card indicates citizenship, but that 
                would need to be done if the card is to be used for 
                voting purposes''.
                    (F) Photographic voter identification is important 
                for ensuring voter confidence in election processes and 
                outcomes.
                    (G) Requiring photographic voter identification is 
                well within States' constitutional competence, 
                including pursuant to the Qualifications Clause of the 
                Constitution of the United States (article I, section 
                2, clause 2), the Presidential Electors Clause of the 
                Constitution (article II, section 1, clause 2), and the 
                Seventeenth Amendment.
                    (H) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (I) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (J) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) the States should implement the substance of 
                the recommendation of the Carter-Baker Commission that, 
                ``[t]o ensure that persons presenting themselves at the 
                polling place are the ones on the registration list, 
                the Commission recommends that states [encourage] 
                voters to use the REAL ID card, which was mandated in a 
                law signed by the President in May 2005''; and
                    (B) a standard State photo identification document, 
                when required for voting purposes, should be available 
                at no cost.
    (c) REAL ID Act Amendment.--
            (1) Amendment.--Section 202(b) of the Real ID Act of 2005 
        (49 U.S.C. 30301 note) is amended by adding at the end the 
        following new paragraph:
            ``(10) If the person is a citizen of the United States, an 
        indication of that citizenship, except that no other 
        information may be included with respect to the immigration 
        status of the person.''.
            (2) Applicability.--The amendment made by this subsection 
        shall be effective January 1, 2026, and shall apply with 
        respect to any driver's license or identification card issued 
        by a State on and after such date.
    (d) Rule of Construction.--Nothing in this section or in any 
amendment made by this section may be construed to establish or mandate 
the use of a national identification card or to authorize any office of 
the executive branch to establish or mandate the use of a national 
identification card.

SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS NOT 
              VOTING IN PERSON.

    (a) Requiring Voters To Provide Identification.--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; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS 
              WHO VOTE BY MAIL.

    ``(a) Finding of Constitutional Authority.--Congress finds that it 
has the authority to establish the terms and conditions that States 
must follow with respect to the administration of voting by mail 
because article I, section 8, clause 7 of the Constitution of the 
United States and other enumerated powers grant Congress the power to 
regulate the operations of the United States Postal Service.
    ``(b) Requiring Provision of Identification To Receive a Ballot or 
Vote in Certain Cases.--
            ``(1) Individuals requesting a ballot to vote by mail.--
        Notwithstanding any other provision of law, the appropriate 
        State or local election official may not provide an individual 
        a ballot to vote by mail for an election for Federal office in 
        a case in which the individual requested such ballot other than 
        in person from the appropriate State or local election official 
        of the State at a State designated elections office unless the 
        individual submits with the application for the ballot a copy 
        of an identification described in paragraph (3).
            ``(2) Individuals voting by mail in certain cases.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, in a case in which the appropriate 
                State or local election official provides an individual 
                a ballot to vote by mail for an election for Federal 
                office without requiring such individual to submit a 
                separate application or request to receive such ballot 
                for each such election, the election official may not 
                accept the voted ballot unless the individual submits 
                with the voted ballot a copy of an identification 
                described in paragraph (3).
                    ``(B) Fail-safe voting.--An individual who desires 
                to vote other than in person but who does not meet the 
                requirements of subparagraph (A) may cast such a ballot 
                other than in person and the ballot shall be counted as 
                a provisional ballot in accordance with section 302(a).
            ``(3) Identification described.--An identification 
        described in this paragraph is, with respect to an individual--
                    ``(A) a current and valid photo identification of 
                the individual;
                    ``(B) a copy of a current utility bill, bank 
                statement, government check, paycheck, or other 
                government document that shows the name and address of 
                the individual;
                    ``(C) a valid driver's license or an identification 
                card issued by a State or the identification number for 
                such driver's license or identification card issued by 
                a State;
                    ``(D) the last 4 digits of the individual's social 
                security number; or
                    ``(E) such other documentation issued by a Federal, 
                State, or local government that provides the same or 
                more identifying information as required by 
                subparagraphs (A) through (D) such that the election 
                official is reasonably certain as to the identity of 
                the individual.
    ``(c) Exceptions.--This section does not apply with respect to any 
individual who is--
            ``(1) entitled to vote by absentee ballot under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.);
            ``(2) 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
            ``(3) entitled to vote otherwise than in person under any 
        other Federal law.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed as prohibiting a State from imposing identification 
requirements to request a ballot to vote by mail or cast a vote by mail 
that are more stringent than the requirements under this section.
    ``(e) Effective Date.--This section shall take effect on January 1, 
2025.''.
    (b) Conforming Amendments Relating to Existing Identification 
Requirements.--
            (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 otherwise not in person at an elections 
        office or voter registration agency of the State''.
            (2) Exceptions.--Section 303(b)(3) of the Help America Vote 
        Act of 2002 (52 U.S.C. 21083(b)(3)) is amended--
                    (A) in subparagraph (A), by striking ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20505) or otherwise not in person at 
                a voter registration agency of the State''; and
                    (B) in subparagraph (B)(i), by striking ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20505) or otherwise not in person at 
                a voter registration agency of the State''.
            (3) Expansion of types of identification permitted.--
        Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52 
        U.S.C. 21083(b)(2)(A)) is amended--
                    (A) in clause (i)--
                            (i) in subclause (I), by striking ``or'' at 
                        the end; and
                            (ii) by adding at the end the following new 
                        subclause:
                                    ``(III) such other documentation 
                                issued by a Federal, State, or local 
                                government that provides the same or 
                                more identifying information as 
                                required by subclauses (I) and (II) 
                                such that the election official is 
                                reasonably certain as to the identity 
                                of the individual; or''; and
                    (B) in clause (ii)--
                            (i) in subclause (I), by striking ``or'' at 
                        the end;
                            (ii) in subclause (II), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(III) such other documentation 
                                issued by a Federal, State, or local 
                                government that provides the same or 
                                more identifying information as 
                                required by subclauses (I) and (II) 
                                such that the election official is 
                                reasonably certain as to the identity 
                                of the individual.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (d) Clerical Amendment.--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; and
            (2) by inserting after the item relating to section 303 the 
        following:

``Sec. 304. Mandatory provision of identification for certain voters 
                            who vote by mail.''.

SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    (a) Short Title.--This section may be cited as the ``Confirmation 
of Congressional Observer Access Act of 2023'' or the ``COCOA Act of 
2023''.
    (b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
            (1) The Constitution delegates to each of House of the 
        Congress the authority to ``be the Judge of the Elections, 
        Returns and Qualifications of its own Members''.
            (2) While, in general, Congress shall respect the 
        determination of State authorities with respect to the election 
        of members to each House, each House of Congress serves as the 
        final arbiter over any contest to the seating of any putative 
        Member-elect or Senator-elect.
            (3) These election contest procedures are contained in the 
        precedents of each House of Congress. Further, for the House of 
        Representatives the procedures exist under the Federal 
        Contested Elections Act.
            (4) In the post-Civil War modern era, more than 100 
        election contests have been filed with the House of 
        Representatives.
            (5) For decades, Congress has appointed and sent out 
        official congressional observers to watch the administration of 
        congressional elections in the States and territories.
            (6) These observers serve to permit Congress to develop its 
        own factual record in preparation for eventual contests and for 
        other reasons.
            (7) This section and the amendments made by this section do 
        not establish any new authorities or procedures but are 
        provided simply to permit a convenient statutory reference for 
        existing Congressional authority and activity.
    (c) Confirming Requirement That States Provide Access.--Title III 
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
amended by section 125(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    ``(a) Finding of Constitutional Authority.--Congress finds that it 
has the authority to require that States allow access to designated 
Congressional election observers to observe the election administration 
procedures in an election for Federal office because the authority 
granted to Congress under article I, section 5 of the Constitution of 
the United States gives each House of Congress the power to be the 
judge of the elections, returns and qualifications of its own Members.
    ``(b) Requiring States To Provide Access.--A State shall provide 
each individual who is a designated Congressional election observer for 
an election with full access to clearly observe all of the elements of 
the administration procedures with respect to such election, including 
but not limited to in all areas of polling places and other facilities 
where ballots in the election are processed, tabulated, cast, 
canvassed, and certified, in all areas where voter registration 
activities occur before such election, and in any other such place 
where election administration procedures to prepare for the election or 
carry out any post-election recounts take place. No designated 
Congressional election observer may handle ballots, elections equipment 
(voting or non-voting), advocate for a position or candidate, take any 
action to reduce ballot secrecy or otherwise violate the privacy of a 
voter, or otherwise interfere with the elections administration 
process.
    ``(c) Designated Congressional Election Observer Described.--In 
this section, a `designated Congressional election observer' is an 
individual who is designated in writing by the chair or ranking 
minority member of the Committee on House Administration of the House 
of Representatives or the Committee on Rules and Administration of the 
Senate, or the successor committee in either House of Congress to 
gather information with respect to an election, including in the event 
that the election is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, section 5 of the 
Constitution of the United States.''.
    (d) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by 
striking ``and 304'' and inserting ``304, and 305''.
    (e) Clerical Amendment.--The table of contents of such Act, as 
amended by section 125(d), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following:

``Sec. 305. Confirming access for Congressional election observers.''.

SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION AUDITS.

    (a) Permitting Use of Payments for Audits.--Section 251(b)(1) of 
the Help America Vote Act of 2002 (52 U.S.C. 21001(b)(1)) is amended by 
inserting ``, including to conduct and publish an audit of the 
effectiveness and accuracy of the voting systems, nonvoting election 
technology (as defined in section 298C), election procedures, and 
outcomes used to carry out an election for Federal office in the State 
and the performance of the State and local election officials who 
carried out the election, but only if the audit meets the requirements 
of paragraph (4)'' after ``requirements of title III''.
    (b) Requirements for Audits.--Section 251(b) of such Act (52 U.S.C. 
21001(b)) is amended by adding at the end the following new paragraph:
            ``(4) Requirements for audits conducted with requirements 
        payments.--An audit described in paragraph (1) meets the 
        requirements of this paragraph if--
                    ``(A) no individual who participates in conducting 
                the audit is an employee or contractor of an office of 
                the State or local government which is responsible for 
                the administration of elections for Federal office or 
                of a subsidiary or affiliate of such an office; or
                    ``(B) the audit includes an examination of 
                compliance with established processes for voter 
                registration, voter check-in, voting, tabulation, 
                canvassing, post-election proceedings (such as recounts 
                and recanvasses), and reporting of results.''.
    (c) Sense of Congress Regarding Timing of Audits.--It is the sense 
of Congress that post-election audits of the effectiveness and accuracy 
of the voting systems, election procedures, and outcomes used to carry 
out an election for Federal office in a State and the performance of 
the State and local election officials who carried out the election are 
most effective when the audits are completed before the expiration of 
the period during which persons are authorized under State law to 
challenge the results of the election.

SEC. 128. INCREASE IN THRESHOLD FOR REQUIRING INFORMATION REPORTING 
              WITH RESPECT TO CERTAIN PAYEES.

    (a) In General.--Sections 6041(a) of the Internal Revenue Code of 
1986 is amended by striking ``$600'' and inserting ``$5,000''.
    (b) Inflation Adjustment.--Section 6041 of such Code is amended by 
adding at the end the following new subsection:
    ``(h) Inflation Adjustment.--In the case of any calendar year after 
2024, the dollar amount in subsection (a) shall be increased by an 
amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under 
        section 1(f)(3) for such calendar year, determined by 
        substituting `calendar year 2023' for `calendar year 2016' in 
        subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $100, 
such increase shall be rounded to the nearest multiple of $100.''.
    (c) Application to Reporting on Remuneration for Services and 
Direct Sales.--Section 6041A of such Code is amended--
            (1) in subsection (a)(2), by striking ``is $600 or more'' 
        and inserting ``equals or exceeds the dollar amount in effect 
        for such calendar year under section 6041(a)'', and
            (2) in subsection (b)(1)(B), by striking ``is $5,000 or 
        more'' and inserting ``equals or exceeds the dollar amount in 
        effect for such calendar year under section 6041(a)''.
    (d) Application to Backup Withholding.--Section 3406(b)(6) of such 
Code is amended--
            (1) by striking ``$600'' in subparagraph (A) and inserting 
        ``the dollar amount in effect for such calendar year under 
        section 6041(a)'', and
            (2) by striking ``only where aggregate for calendar year is 
        $600 or more'' in the heading and inserting ``only if in excess 
        of threshold''.
    (e) Conforming Amendments.--
            (1) The heading of section 6041(a) of such Code is amended 
        by striking ``of $600 or More'' and inserting ``Exceeding 
        Threshold''.
            (2) Section 6041(a) of such Code is amended by striking 
        ``taxable year'' and inserting ``calendar year''.
    (f) Effective Date.--The amendments made by this section shall 
apply with respect to payments made after December 31, 2023.

SEC. 129. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION 
              TECHNOLOGY.

    (a) Short Title.--This section may be cited as the ``Protect 
American Voters Act''.
    (b) Adoption of Voluntary Guidelines by Election Assistance 
Commission.--
            (1) Adoption of guidelines.--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 new subtitle:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.

    ``(a) Adoption.--The Commission shall adopt voluntary guidelines 
for election officials on the use of nonvoting election technology, 
taking into account the recommendations of the Standards Board and the 
Local Leadership Council of the Commission under section 298A.
    ``(b) Review.--The Commission shall review the guidelines adopted 
under this subtitle not less frequently than once every 4 years, and 
may adopt revisions to the guidelines as it considers appropriate.
    ``(c) Process for Adoption.--The adoption of the voluntary 
guidelines under this subtitle shall be carried out by the Commission 
in a manner that provides for each of the following:
            ``(1) Publication of notice of the proposed guidelines in 
        the Federal Register.
            ``(2) An opportunity for public comment on the proposed 
        guidelines.
            ``(3) An opportunity for a public hearing on the record.
            ``(4) Publication of the final recommendations in the 
        Federal Register.
    ``(d) Deadline for Initial Set of Guidelines.--The Commission shall 
adopt the initial set of voluntary guidelines under this section not 
later than December 31, 2025.

``SEC. 298A. ROLE OF STANDARDS BOARD AND LOCAL LEADERSHIP COUNCIL.

    ``(a) Duties.--The Standards Board and the Local Leadership Council 
of the Commission shall assist the Commission in the adoption of 
voluntary guidelines under section 298, including by providing the 
Commission with recommendations on appropriate standards for the use of 
nonvoting election technology, including standards to ensure the 
security and accuracy, and promote the usability, of such technology, 
and by conducting a review of existing State programs with respect to 
the testing of nonvoting election technology.
    ``(b) Sources of Assistance.--
            ``(1) Certain members of technical guidelines development 
        committee.--The following members of the Technical Guidelines 
        Development Committee under section 221 shall assist the 
        Standards Board and the Local Leadership Council in carrying 
        out their duties under this section:
                    ``(A) The Director of the National Institute of 
                Standards and Technology.
                    ``(B) The representative of the American National 
                Standards Institute.
                    ``(C) The representative of the Institute of 
                Electrical and Electronics Engineers.
                    ``(D) The 4 members of the Technical Guidelines 
                Development Committee appointed under subsection 
                (c)(1)(E) of such section as the other individuals with 
                technical and scientific expertise relating to voting 
                systems and voting equipment.
            ``(2) Detailee from cisa.--The Executive Board of the 
        Standards Board may request the Director of the Cybersecurity 
        and Infrastructure Security Agency of the Department of 
        Homeland Security to provide a detailee to assist the Standards 
        Board in carrying out its duties under this section, so long as 
        such detailee has no involvement in the drafting of any of the 
        voluntary guidelines.

``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.

    ``A State may use funds provided under any law for activities to 
improve the administration of elections for Federal office, including 
to enhance election technology and make election security improvements, 
to obtain nonvoting election technology which is in compliance with the 
voluntary guidelines adopted under section 298 or to upgrade nonvoting 
election technology so that the technology is in compliance with such 
guidelines, and may, notwithstanding any other provision of law, use 
any unobligated grant funding provided to the State by the Election 
Assistance Commission from amounts appropriated under the heading 
`Independent Agencies--Election Assistance Commission--Election 
Security Grants' in title V of division C of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93) for the purposes of 
enhancing election technology and making election security improvements 
until December 31, 2024.

``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.

    ``In this subtitle, the term `nonvoting election technology' means 
technology used in the administration of elections for Federal office 
which is not used directly in the casting, counting, tabulating, or 
collecting of ballots or votes, including each of the following:
            ``(1) Electronic pollbooks or other systems used to check 
        in voters at a polling place or verify a voter's 
        identification.
            ``(2) Election result reporting systems.
            ``(3) Electronic ballot delivery systems.
            ``(4) Online voter registration systems.
            ``(5) Polling place location search systems.
            ``(6) Sample ballot portals.
            ``(7) Signature systems.
            ``(8) Such other technology as may be recommended for 
        treatment as nonvoting election technology as the Standards 
        Board may recommend.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        II the following:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board and Local Leadership Council.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
    (c) Treatment of Technology Used in Most Recent Election.--Any 
nonvoting election technology, as defined in section 298C of the Help 
America Vote Act of 2002 (as added by subsection (a)(1)), which a State 
used in the most recent election for Federal office held in the State 
prior to the date of the enactment of this Act shall be deemed to be in 
compliance with the voluntary guidelines on the use of such technology 
which are adopted by the Election Assistance Commission under section 
298 of such Act (as added by subsection (a)(1)).

SEC. 130. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    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) Status Reports by National Institute of Standards and 
Technology.--Not later than 60 days after the end of each fiscal year 
(beginning with 2025), the Director of the National Institute of 
Standards and Technology shall submit to Congress a status report 
describing--
            ``(1) the extent to which the Director carried out the 
        Director's responsibilities under this Act during the fiscal 
        year, including the responsibilities imposed under this section 
        and the responsibilities imposed with respect to the Technical 
        Guidelines Development Committee under section 222, together 
        with the Director's best estimate of when the Director will 
        completely carry out any responsibility which was not carried 
        out completely during the fiscal year; and
            ``(2) the extent to which the Director carried out any 
        projects requested by the Commission during the fiscal year, 
        together with the Director's best estimate of when the Director 
        will complete any such project which the Director did not 
        complete during the fiscal year.''.

SEC. 131. 501(C)(3) ORGANIZATIONS PROHIBITED FROM PROVIDING DIRECT OR 
              INDIRECT FUNDING FOR ELECTION ADMINISTRATION.

    (a) Short Title.--This section may be cited as the ``End 
Zuckerbucks Act of 2023''.
    (b) In General.--Section 501(c)(3) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``and which does not participate'' and 
        inserting ``which does not participate'', and
            (2) by striking the period at the end and inserting ``and 
        which does not provide direct funding to any State or unit of 
        local government for the purpose of the administration of 
        elections for public office or any funding to any State or unit 
        of local government in a case in which it is reasonable to 
        expect such funding will be used for the purpose of the 
        administration of elections for public office (except with 
        respect to the donation of space to a State or unit of local 
        government to be used as a polling place in an election for 
        public office).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to funding provided in taxable years beginning after December 31, 
2025.

SEC. 132. FEDERAL AGENCY INVOLVEMENT IN VOTER REGISTRATION ACTIVITIES.

    (a) Short Title.--This section may be cited as the ``Promoting Free 
and Fair Elections Act of 2023''.
    (b) Clarification of Federal Agency Involvement in Voter 
Registration Activities.--Executive Order 14019 (86 Fed. Reg. 13623; 
relating to promoting access to voting) shall have no force or effect, 
and any contract or arrangement entered into by an agency to carry out 
activities pursuant to sections 3 and 4 of such Executive Order shall 
be abrogated.
    (c) Agreements With Nongovernmental Organizations.--None of the 
funds made available for the salaries and expenses of an agency may be 
used to solicit or enter into an agreement with a nongovernmental 
organization to conduct voter registration or voter mobilization 
activities, including registering voters or providing any person with 
voter registration materials, absentee or vote-by-mail ballot 
applications, voting instructions, or candidate-related information, on 
the property or website of the agency.
    (d) Report on Prior Voter Registration and Mobilization 
Activities.--Not later than 30 days after the date of enactment of this 
Act, the head of each agency shall submit to the appropriate 
congressional committees a report describing the activities carried out 
by the agency pursuant to sections 3 and 4 of Executive Order 14019 (86 
Fed. Reg. 13623).
    (e) Prohibiting Voter Registration and Mobilization in Federal 
Work-Study Programs.--Section 443(b)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1087-53(b)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'';
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) does not involve registering or mobilizing 
                voters on or off the campus of the institution; and''.
    (f) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502(1) of title 44, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Rules and Administration of 
                the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on House Administration of the 
                House of Representatives; and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.

SEC. 133. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION 
              ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.

    (a) Short Title.--This section may be cited as the ``No Federal 
Funds for Ballot Harvesting Act''.
    (b) Findings.--Congress finds that--
            (1) the right to vote is a fundamental right of citizens of 
        the United States, as described by the Constitution of the 
        United States;
            (2) the Committee on House Administration of the House of 
        Representatives, which is charged with investigating election 
        irregularities, received reports through its official Election 
        Observer Program for the 2018 general election and the 2020 
        general election, as well as from other stakeholders, that 
        individuals other than voters themselves were depositing large 
        amounts of absentee ballots at polling places throughout 
        California and other States, a practice colloquially known as 
        ``ballot harvesting'';
            (3) the practice of ballot harvesting creates significant 
        vulnerabilities in the chain-of-custody of ballots because 
        individuals collecting ballots are not required to be 
        registered voters and are not required to identify themselves 
        at a voter's home, and the State does not track how many 
        ballots are harvested in an election;
            (4) in North Carolina, a congressional election was 
        invalidated due to fraud associated with ballot harvesting 
        committed by a political operative, and it is unlikely such 
        activity would have been detected were it not for the 
        prohibition against ballot harvesting in the State;
            (5) ballot harvesting invites electioneering activity at 
        home and weakens States' long-standing voter protection 
        procedures, which remain in place at polling locations, 
        creating the possibility of undue influence over voters by 
        political operatives and other bad actors; and
            (6) the Supreme Court of the United States has affirmed 
        State authority to restrict ballot harvesting (Brnovich v. 
        Democratic National Committee, 141 S. Ct. 2321 (2021)).
    (c) Prohibition on Federal Funds for Election Administration for 
States Allowing Collection and Transmission of Ballots by Certain Third 
Parties.--
            (1) In general.--The Help America Vote Act of 2002 (52 
        U.S.C. 20901 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION 
              FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF 
              BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be used to administer any election for Federal office 
in a State unless the State has in effect a law that prohibits an 
individual from the knowing collection and transmission of a ballot in 
an election for Federal office that was mailed to another person, other 
than an individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(b) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 908. Prohibition on Federal funds for election administration 
                            for States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.

SEC. 134. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING 
              REQUIREMENT.

    Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is 
amended--
            (1) by inserting ``including records and papers of 
        envelopes used to deliver voted ballots by mail and scanned, 
        electronically preserved records of envelopes used to deliver 
        blank ballots or absentee ballot requests or used for any 
        purpose other than delivering voted ballots, ballots, ballot 
        images, chain of custody records, cast vote records, logic and 
        accuracy test results and equipment certification, and other 
        materials related to the Federal election that would be 
        essential for conducting a post-election audit'' after 
        ``requisite to voting in such election,''; and
            (2) by inserting after ``shall devolve upon such 
        custodian.'' the following: ``Such records and papers shall be 
        considered public records available for reasonable public 
        inspection, including at a minimum, as defined the law of the 
        State in which the election is held, the candidates appearing 
        on the ballot in the election, political parties whose 
        candidates appeared on the ballot in the election, and any 
        individuals authorized to observe the election.''

SEC. 135. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION 
              WORKERS.

    (a) Preferences for Veterans and Individuals With Disabilities.--
            (1) Preferences.--In hiring election workers to administer 
        an election in a State or local jurisdiction, the State or 
        local jurisdiction may give preference to individuals who are 
        veterans or individuals with a disability.
            (2) Individual with a disability defined.--In this 
        subsection, an ``individual with a disability'' means an 
        individual with an impairment that substantially limits any 
        major life activities.
    (b) Preference and Waiver of Residency Requirement for Spouses and 
Dependents of Absent Military Voters.--
            (1) Sense of congress.--It is the sense of Congress that, 
        in hiring election workers to administer an election in a State 
        or local jurisdiction, the State or local jurisdiction--
                    (A) should give preference to an individual who is 
                a nonresident military spouse or dependent; and
                    (B) should not refuse to hire such an individual as 
                an election worker solely on the grounds that the 
                individual does not maintain a place of residence in 
                the State or local jurisdiction.
            (2) Inclusion of information election assistance commission 
        clearinghouse.--The Federal Election Commission shall include 
        in any clearinghouse it maintains of procedures adopted by 
        States with respect to the administration of Federal elections 
        information on the procedures under which States hire 
        nonresident military spouses or dependents as election workers, 
        as described in paragraph (1).
            (3) Nonresident military spouse or dependent defined.--In 
        this subsection, a ``nonresident military spouse or dependent'' 
        means an individual who is an absent uniformed services voter 
        under section 107(1)(C) of the Uniformed and Overseas Citizen 
        Absentee Voting Act (52 U.S.C. 20310(1)(C)).

SEC. 136. STATE ASSISTANCE IN ASSIGNING MAILING ADDRESSES WITH RESPECT 
              TO TRIBAL GOVERNMENTS.

    (a) In General.--Upon request from a Tribal Government, the 
appropriate State executives of the State concerned shall assist the 
Tribal Government to assign a mailing address to each home and 
residence of the Tribal Government in the State that does not have a 
mailing address assigned to such home or residence and shall ensure 
that the State records include any such mailing address assigned and 
any mailing address previously assigned by such Tribal Government.
    (b) Definitions.--In this section:
            (1) 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).
            (2) 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).
            (3) 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).
            (4) Tribal government.--The term ``Tribal Government'' 
        means the recognized governing body of an Indian Tribe.

SEC. 137. STATE DEFINED.

    (a) Application to Commonwealth of 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''.
    (b) Conforming Amendments.--Such Act is further amended as follows:
            (1) 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''.
            (2) 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''.

SEC. 138. VOTER REGISTRATION FOR APPLICANTS WITHOUT DRIVER'S LICENSE OR 
              SOCIAL SECURITY NUMBER.

    (a) In General.--Section 303(a)(5)(A) of the Help America Vote Act 
of 2002 (52 U.S.C. 21083(a)(5)(A)) is amended--
            (1) in clause (i), by striking ``Except as provided in 
        clause (ii), notwithstanding any other provision of law, an 
        application'' and inserting ``An application'';
            (2) in clause (i)(II), by striking ``(other than an 
        applicant to whom clause (ii) applies)''; and
            (3) by amending clause (ii) to read as follows:
                            ``(ii) Special rule for applicants without 
                        driver's license or social security number.--If 
                        an applicant for voter registration for an 
                        election for Federal office has not been issued 
                        a current and valid driver's license or a 
                        social security number, the State shall assign 
                        the applicant a temporary number which shall be 
                        valid to identify the applicant for the 
                        purposes of voter registration only during the 
                        period that begins on the date the temporary 
                        number is assigned and ends 30 days after the 
                        date that the applicant receives a current and 
                        valid driver's license or a social security 
                        number. If the applicant fails to provide a 
                        driver's license number or the last 4 digits of 
                        the social security number (as the case may be) 
                        to the State during the 30-day period that 
                        begins on the date the applicant receives such 
                        driver's license or social security number, the 
                        applicant's application for voter registration 
                        with respect to which the temporary number was 
                        assigned may not be accepted or processed by 
                        the State.''.

SEC. 139. GAO STUDY ON DOMESTIC MANUFACTURING AND ASSEMBLY OF VOTING 
              EQUIPMENT.

    (a) Study Required.--The Comptroller General of the United States 
shall carry out a study on the feasability and requirements for all 
voting equipment used in elections for Federal office to be 
manufactured and assembled in the United States, which shall include an 
assessment of the importance of maintaining a secure supply chain for 
such voting equipment.
    (b) Submittal.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General shall submit a report 
containing the results of the study carried out under subsection (a) 
to--
            (1) the appropriate congressional committees;
            (2) the chief State election official of each State;
            (3) the Election Assistance Commission; and
            (4) the National Institute of Standards and Technology.
    (c) Sense of Congress.--It is the sense of Congress that it is in 
the national interest of the United States that equipment used for 
voting in American elections be developed, programmed, manufactured, 
and assembled within the United States under the authority of United 
States persons.

     Subtitle D--District of Columbia Election Integrity and Voter 
                               Confidence

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``American Confidence in 
Elections: District of Columbia Election Integrity and Voter Confidence 
Act''.

SEC. 142. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.

    (a) Statement of Congressional Authority.--Congress finds that it 
has the authority to establish the terms and conditions for the 
administration of elections for public office in the District of 
Columbia--
            (1) pursuant to article I, section 8, clause 17 of the 
        Constitution of the United States, which grants Congress the 
        exclusive power to enact legislation with respect to the seat 
        of the government of the United States;
            (2) with recognition of the Residence Act of 1790, which 
        Congress passed pursuant to the above authority and which 
        established the City of Washington in the District of Columbia 
        as the seat of the government of the United States;
            (3) pursuant to article I, section 8, clause 18 of the 
        Constitution of the United States, which grants Congress the 
        authority to ``make all Laws which shall be necessary and 
        proper for carrying into Execution'' its enumerated powers; and
            (4) under other enumerated powers granted to Congress.
    (b) Findings.--Congress finds the following:
            (1) Voter identification requirements in the District of 
        Columbia are some of the weakest in the country. Currently, 
        voters in the District of Columbia are required only to provide 
        proof of residence the first time they vote and are never asked 
        to provide anything again.
            (2) In the 2012 general election, the District of Columbia 
        was wholly unprepared for early voters. Several polling 
        locations featured only one or two voting machines. As a 
        result, some voters waited in line for hours while others 
        waited for hours only to be turned away as the polls closed.
            (3) Following the 2012 general election, the executive 
        director of the D.C. Board of Elections testified that missteps 
        had taken place during the election. Voters complained that 
        some precincts weren't accessible for the disabled, while 
        poorly trained employees ran sites elsewhere in the District. 
        In other cases, voters were provided with ballots that were not 
        correct for their addresses, allowing them to vote in races in 
        other districts.
            (4) In the District of Columbia's 2014 April Democratic 
        primary, voters had to wait several hours after polls closed 
        before receiving meaningful election returns because of 
        problems with voting machines that led to an unusually lengthy 
        and chaotic tabulation process.
            (5) In the aftermath of that primary, while the District of 
        Columbia originally blamed a handful of voting machines for 
        late election results, the executive director later clarified 
        that the issue came from a broad computer network failure. As a 
        result, on election night, ballots did not begin to be counted 
        until 10:00 p.m. The executive director said ``on election 
        night, polling officials never really did determine the problem 
        . . .''. All this occurred despite record low turnout for the 
        primary.
            (6) Before the 2014 midterm election, the executive 
        director hoped that ballot counting would be done before 
        midnight but could not offer any promises based on the District 
        of Columbia's previous history.
            (7) Following the 2014 midterm election, the Office of the 
        District of Columbia Auditor performed an audit of the election 
        and found the following:
                    (A) 23 of 89 precincts visited did not have the 
                minimum number of poll workers designated in city 
                election procedures. In total, 168 workers did not come 
                to work as scheduled, and others that were not trained 
                to perform certain functions had to take on new jobs.
                    (B) 37 of the 89 precincts inspected featured 
                polling places not fully accessible to disabled voters. 
                Some issues included missing or inoperable doorbells to 
                alert poll workers that a wheelchair-bound voter needed 
                assistance, as well as a lack of accessible parking 
                spaces and entrances.
                    (C) 57 of the 89 precincts featured election and 
                non-election equipment issues affecting a wide range of 
                the Election Day technology--including paper ballot 
                readers, electronic poll books and touch-screen voting 
                machines.
            (8) In 2016, the Office of the District of Columbia Auditor 
        released a report titled ``The District of Columbia Voter File: 
        Compliance with Law and Best Practices'', which included the 
        following:
                    (A) In 2015, the Board of Elections, as required 
                under District law, sent out written notices to 260,000 
                inactive voters through the U.S. Postal Service in an 
                attempt to maintain accurate voter registration rolls. 
                38,179, or almost fifteen percent of those postcards, 
                were returned as undeliverable.
                    (B) The Office of the Auditor took a sample of 
                thirty-three decedents who had died between January of 
                2011 and December of 2014. The audit found that all of 
                the thirty-three decedents were still on the District's 
                voter registration rolls.
                    (C) The District of Columbia is a member of the 
                Electronic Registration Information Center (ERIC). 
                According to ERIC, 13,651 voters were registered in the 
                District of Columbia and another jurisdiction. The D.C. 
                Board of Elections contacted every voter with a 
                duplicate registration. 6,000 voters confirmed they now 
                resided outside the District of Columbia and the other 
                7,651 or 56 percent of voters with a duplicate 
                registration did not respond.
            (9) The District of Columbia allows for same-day 
        registration and automatic voter registration. In 2018, the 
        District of Columbia implemented an Automatic Voter 
        Registration program through the Department of Motor Vehicles 
        (DMV). Now, any DMV application automatically serves as an 
        application to register to vote or update registration records, 
        unless the applicant affirmatively opts out of this 
        registration option.
            (10) In 2020, voting in the District of Columbia for the 
        June primary election was fraught with problems. Some voters 
        waited in line for hours, and thousands of voters who requested 
        absentee mail-in ballots never received them. As a result, the 
        District of Columbia allowed voters that never received their 
        absentee ballot to cast their ballots via unsecured email. 
        During the Committee on House Administration and Committee on 
        Oversight and Accountability joint hearing titled ``American 
        Confidence in Elections: The Path to Election Integrity in the 
        District of Columbia'', witnesses called by Republicans and 
        Democrats both agreed that casting a ballot via unsecured email 
        raised serious security and voter identification concerns.
            (11) In 2020, the District of Columbia Board of Elections 
        mailed every registered voter a ballot for the general 
        election. Voters were still permitted to vote in-person. The 
        Board mailed 421,791 ballots, and 48,018 of them were 
        undeliverable, more than eleven percent. This is a rate more 
        than eight times higher than the national average.
            (12) Even after mailing every registered voter a ballot in 
        the 2020 general election, the District of Columbia had lower 
        voter turnout rates than states like Florida, Ohio, and 
        Georgia. In 2020, the District of Columbia reported a roughly 
        64 percent turnout while Florida reported 77 percent, Ohio 
        reported roughly 74 percent, and Georgia reported 66 percent.
            (13) In 2022, the District of Columbia Board of Elections 
        mailed every registered voter a ballot for the midterm primary 
        election. Voters were still allowed to vote in person. The 
        Board mailed 402,323 ballots, and 65,398 ballots, or about 
        sixteen percent, were undeliverable. This is an increase of 
        17,380 in undeliverable ballots between the 2020 general 
        election and the 2022 primary election.
            (14) In 2022, the District of Columbia Board of Elections 
        mailed every registered voter a ballot for the November general 
        election. Voters were still allowed to vote in person. The 
        Board mailed 508,543 ballots, and 87,921 were undeliverable. 
        The rate of undeliverable ballots mailed out for the general 
        election in 2022 was seventeen percent, an increase of about 
        six basis points from the 2020 election. In addition, the 
        District of Columbia mailed over 500 voters an incorrect 
        ballot. At the time of the 2022 election, the COVID-19 pandemic 
        was largely over, allowing voters to vote in person without 
        issue, unlike during the 2020 election.
            (15) Despite mailing every registered voter a ballot in the 
        2022 midterm election, the District of Columbia had far lower 
        voter turnout rates than states like Florida, Georgia, and 
        Ohio. In 2022, the District of Columbia reported roughly 40 
        percent turnout while Florida reported 54 percent, Ohio 
        reported 52 percent, and Georgia reported roughly 57 percent.
            (16) The Local Resident Voting Rights Amendment Act of 2022 
        allows noncitizen green-card holders and illegal aliens to cast 
        a ballot in local races, as long as the non-citizen voter is at 
        least eighteen years of age and has resided in the District of 
        Columbia for thirty days. The law will take effect in 2024. 
        Estimates as to the number of non-citizens of voting age living 
        in the District of Columbia range from 21,000 to 42,000, 
        potentially half of whom are illegal aliens. Even according to 
        the low estimates, there are more than enough non-citizens of 
        voting age living in the District of Columbia to impact 
        election outcomes in some wards.
            (17) On February 9, 2023, the U.S. House of 
        Representatives, by a vote of 260 to 162, passed H.J. Res. 24, 
        disapproving the Local Resident Voting Rights Amendment Act of 
        2022 under the District of Columbia Home Rule Act.

SEC. 143. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.

    (a) Requirements Described.--Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the 
following new subtitle:

    ``Subtitle C--Requirements for Elections in District of Columbia

``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.

    ``Congress finds that it has the authority to establish the terms 
and conditions for the administration of elections for public office in 
the District of Columbia--
            ``(1) under article I, section 8, clause 17 of the 
        Constitution of the United States, which grants Congress the 
        exclusive power to enact legislation with respect to the seat 
        of the government of the United States; and
            ``(2) under other enumerated powers granted to Congress.

``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter Identification 
Act'.
    ``(b) Requiring Provision of Identification To Receive a Ballot or 
Vote.--
            ``(1) Individuals voting in person.--A District of Columbia 
        election official may not provide a ballot for a District of 
        Columbia election to an individual who desires to vote in 
        person unless the individual presents to the official an 
        identification described in paragraph (3).
            ``(2) Individuals voting other than in person.--A District 
        of Columbia election official may not provide a ballot for a 
        District of Columbia election to an individual who desires to 
        vote other than in person unless the individual submits with 
        the application for the ballot a copy of an identification 
        described in paragraph (3).
            ``(3) Identification described.--An identification 
        described in this paragraph is, with respect to an individual, 
        any of the following:
                    ``(A) A current and valid motor vehicle license 
                issued by the District of Columbia or any other current 
                and valid photo identification of the individual which 
                is issued by the District of Columbia or the 
                identification number for such motor vehicle license or 
                photo identification.
                    ``(B) A current and valid United States passport, a 
                current and valid military photo identification, or any 
                other current and valid photo identification of the 
                individual which is issued by the Federal government.
                    ``(C) Any current and valid photo identification of 
                the individual which is issued by a Tribal Government.
                    ``(D) A student photo identification issued by a 
                secondary school (as such term is defined in section 
                8101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801)) or an institution of higher 
                education (as such term is defined in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 1001)).
                    ``(E) The last 4 digits of the individual's social 
                security number.
            ``(4) Ensuring proof of residence.--If an individual 
        presents or submits an identification described in paragraph 
        (3) which does not include the address of the individual's 
        residence, the District of Columbia election official may not 
        provide a ballot to the individual unless the individual 
        presents or submits a document or other written information 
        from a third party which--
                    ``(A) provides the address of the individual's 
                residence; and
                    ``(B) such document or other written information is 
                of sufficient validity such that the election official 
                is reasonably certain as to the identity of the 
                individual.
    ``(c) Provision of Identification Without Cost to Indigent 
Individuals.--If the District of Columbia charges an individual a fee 
for an identification described in subsection (b)(3) and the individual 
provides an attestation that the individual is unable to afford the 
fee, the District of Columbia shall provide the identification to the 
individual at no cost.
    ``(d) Special Rule With Respect to Sincerely Held Religious 
Beliefs.--In the case of an individual who is unable to comply with the 
requirements of subsection (b) due to sincerely held religious beliefs, 
the District of Columbia shall provide such individual with an 
alternative identification that shall be deemed to meet the 
requirements of an identification described in subsection (b)(3).
    ``(e) Designation of District of Columbia Agency To Provide Copies 
of Identification.--The Mayor of the District of Columbia shall 
designate an agency of the District of Columbia government to provide 
an individual with a copy of an identification described in subsection 
(b)(3) at no cost to the individual for the purposes of meeting the 
requirement under subsection (b)(2).
    ``(f) Inclusion of Photos in Poll Books.--
            ``(1) Methods for obtaining photos.--
                    ``(A) Provision of photos by offices of district of 
                columbia government.--If any office of the District of 
                Columbia government has a photograph or digital image 
                of the likeness of an individual who is eligible to 
                vote in a District of Columbia election, the office, in 
                consultation with the chief election official of the 
                District of Columbia, shall provide access to the 
                photograph or digital image to the chief election 
                official of the District of Columbia.
                    ``(B) Taking of photos at polling place.--If a 
                photograph or digital image of an individual who votes 
                in person at a polling place is not included in the 
                poll book which contains the name of the individuals 
                who are eligible to vote in the District of Columbia 
                election and which is used by election officials to 
                provide ballots to such eligible individuals, the 
                appropriate election official shall take a photograph 
                of the individual and provide access to the photograph 
                to the chief election official of the District of 
                Columbia.
                    ``(C) Copies of photos provided by individuals not 
                voting in person.--The election official who receives a 
                copy of an identification described in subsection 
                (b)(3) which is submitted by an individual who desires 
                to vote other than in person at a polling place shall 
                provide access to the copy of the identification to the 
                chief election official of the District of Columbia.
            ``(2) Inclusion in poll books.--The chief election official 
        of the District of Columbia shall ensure that a photograph, 
        digital image, or copy of an identification for which access is 
        provided under paragraph (1) is included in the poll book which 
        contains the name of the individuals who are eligible to vote 
        in the District of Columbia election and which is used by 
        election officials to provide ballots to such eligible 
        individuals.
            ``(3) Protection of privacy of voters.--The appropriate 
        election officials of the District of Columbia shall ensure 
        that any photograph, digital image, or copy of an 
        identification which is included in a poll book under this 
        subsection is not used for any purpose other than the 
        administration of District of Columbia elections and is not 
        provided or otherwise made available to any other person except 
        as may be necessary to carry out that purpose.
    ``(g) Exceptions.--This section does not apply with respect to any 
individual who is--
            ``(1) entitled to vote by absentee ballot under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.);
            ``(2) 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
            ``(3) entitled to vote otherwise than in person under any 
        other Federal law.
    ``(h) Definitions.--For the purposes of this section, the following 
definitions apply:
            ``(1) 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).
            ``(2) Tribal government.--The term `Tribal Government' 
        means the recognized governing body of an Indian Tribe.

``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter List Maintenance 
Act'.
    ``(b) Annual List Maintenance.--
            ``(1) Requirements.--
                    ``(A) In general.--The District of Columbia shall 
                carry out annually a program to remove ineligible 
                persons from the official list of persons registered to 
                vote in the District of Columbia, as required by 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and pursuant to the procedures 
                described in subparagraph (B).
                    ``(B) Removal from voter rolls.--In the case of a 
                registrant from the official list of eligible voters in 
                District of Columbia elections who has failed to vote 
                in a District of Columbia election during a period of 
                two consecutive years, the District of Columbia shall 
                send to such registrant a notice described in section 
                8(d)(2) of the National Voter Registration Act of 1993 
                (52 U.S.C. 20507(d)(2)) and shall remove the registrant 
                from the official list of eligible voters in District 
                of Columbia elections if--
                            ``(i) the registrant fails to respond to 
                        such notice; and
                            ``(ii) the registrant has not voted or 
                        appeared to vote in a District of Columbia 
                        election during the period beginning the date 
                        such notice is sent and ending the later of 4 
                        years after the date such notice is sent or 
                        after two consecutive District of Columbia 
                        general elections have been held.
            ``(2) Timing.--In the case of a year during which a 
        regularly scheduled District of Columbia election is held, the 
        District of Columbia shall carry out the program described in 
        paragraph (1) not later than 90 days prior to the date of the 
        election.
    ``(c) Prohibiting Same-Day Registration.--The District of Columbia 
may not permit an individual to vote in a District of Columbia election 
unless, not later than 30 days prior to the date of the election, the 
individual is duly registered to vote in the election.

``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN 
              THIRD PARTIES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Election Fraud Prevention 
Act'.
    ``(b) In General.--The District of Columbia may not permit an 
individual to knowingly collect and transmit a ballot in a District of 
Columbia election that was mailed to another person, other than an 
individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(c) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.

``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Timely Reporting of 
Election Results Act'.
    ``(b) Time for Processing Ballots and Reporting Results.--The 
District of Columbia shall begin processing ballots received by mail in 
a District of Columbia election as soon as such ballots are received 
and shall ensure that the results of such District of Columbia election 
are reported to the public not later than 12 hours after the closing of 
polls on the date of the election, but in no case shall such ballots be 
tabulated or such results be reported earlier than the closing of polls 
on the date of the election.
    ``(c) Requirement To Publish Number of Voted Ballots on Election 
Day.--The District of Columbia shall, as soon as practicable after the 
closing of polls on the date of a District of Columbia election, make 
available on a publicly accessible website the total number of voted 
ballots in the possession of election officials in the District of 
Columbia as of the time of the closing of polls on the date of such 
election, which shall include, as of such time--
            ``(1) the number of voted ballots delivered by mail;
            ``(2) the number of ballots requested for such election by 
        individuals who are entitled to vote by absentee ballot under 
        the Uniformed and Overseas Citizens Absentee Voting Act (52 
        U.S.C. 20301 et seq.); and
            ``(3) the number of voted ballots for such election 
        received from individuals who are entitled to vote by absentee 
        ballot under the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20301 et seq.), including from 
        individuals who, under such Act, voted by absentee ballot 
        without requesting such a ballot.
    ``(d) Requirements To Ensure Bipartisan Election Administration 
Activity.--With respect to a District of Columbia election, District of 
Columbia election officials shall ensure that all activities are 
carried out in a bipartisan manner, which shall include a requirement 
that, in the case of an election worker who enters a room which 
contains ballots, voting equipment, or non-voting equipment as any part 
of the election worker's duties to carry out such election, the 
election worker is accompanied by an individual registered to vote with 
respect to a different political party than such election worker, as 
determined pursuant to the voting registration records of the District 
of Columbia.

``SEC. 326. BAN ON NONCITIZEN VOTING.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Citizen Voter Act'.
    ``(b) Ban on Noncitizen Voting.--No individual may vote in a 
District of Columbia election unless the individual is a citizen of the 
United States.

``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Provisional Ballot Reform 
Act'.
    ``(b) In General.--Except as provided in subsection (c), the 
District of Columbia shall permit an individual to cast a provisional 
ballot pursuant to section 302 if--
            ``(1) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but the name of the 
        individual does not appear on the official list of eligible 
        voters for the polling place or an election official asserts 
        that the individual is not eligible to vote; or
            ``(2) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but does not provide an 
        identification required under section 322, except that the 
        individual's provisional ballot shall not be counted in the 
        election unless the individual provides such identification to 
        the chief State election official of the District of Columbia 
        not later than 5:00 pm on the second day which begins after the 
        date of the election.
    ``(c) Requirements With Respect to Counting Provisional Ballots in 
Certain Cases.--If the name of an individual who is a registered voter 
in the District of Columbia and eligible to vote in a District of 
Columbia election appears on the official list of eligible voters for a 
polling place in the District of Columbia, such individual may cast a 
provisional ballot pursuant to section 302 for such election at a 
polling place other than the polling place with respect to which the 
name of the individual appears on the official list of eligible voters, 
except that the individual's provisional ballot shall not be counted in 
the election unless the individual demonstrates pursuant to the 
requirements under section 302 that the individual is a registered 
voter in the jurisdiction of the polling place at which the individual 
cast such ballot.

``SEC. 328. MANDATORY POST-ELECTION AUDITS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mandatory Post-Election 
Audits Act'.
    ``(b) Requirement for Post-Election Audits.--
            ``(1) Requirement.--Not later than 30 days after each 
        District of Columbia election, the District of Columbia shall 
        conduct and publish an audit of the effectiveness and accuracy 
        of the voting systems, nonvoting election technology (as 
        defined in section 298C), election procedures, and outcomes 
        used to carry out the election and the performance of the 
        election officials who carried out the election, but in no case 
        shall such audit be completed later than 2 business days before 
        the deadline to file an election contest under the laws of the 
        District of Columbia.
            ``(2) Independence of auditor.--No individual who 
        participates in conducting the audit required under this 
        section may be an employee or contractor of an office of the 
        District of Columbia which is responsible for the 
        administration of District of Columbia elections or of a 
        subsidiary or affiliate of such an office.

``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Public Observation of 
Election Procedures Act'.
    ``(b) Designated Representatives of Candidates, Political Parties, 
and Committees Affiliated With Ballot Initiatives.--
            ``(1) Authority to observe procedures.--An individual who 
        is not a District of Columbia election official may observe 
        election procedures carried out in a District of Columbia 
        election, as described in paragraph (2), if the individual is 
        designated to observe such procedures by a candidate in the 
        election, a political party, or a committee affiliated with a 
        ballot initiative or referendum in the election.
            ``(2) Authority and procedures described.--The authority of 
        an individual to observe election procedures pursuant to this 
        subsection is as follows:
                    ``(A) The individual may serve as a poll watcher to 
                observe the casting and tabulation of ballots at a 
                polling place on the date of the election or on any day 
                prior to the date of the election on which ballots are 
                cast at early voting sites, and may challenge the 
                casting or tabulation of any such ballot.
                    ``(B) The individual may serve as a poll watcher to 
                observe the canvassing and processing of absentee or 
                other mail-in ballots, including the procedures for 
                verification of signed certificates of transmission 
                under section 330(c)(2).
                    ``(C) The individual may observe the recount of the 
                results of the election at any location at which the 
                recount is held, and may challenge the tabulation of 
                any ballot tabulated pursuant to the recount.
            ``(3) Provision of credentials.--The chief State election 
        official of the District of Columbia shall provide each 
        individual who is authorized to observe election procedures 
        under paragraph (1) with appropriate credentials to enable the 
        individual to observe such procedures.
            ``(4) Exception for candidates and law enforcement 
        officers.--An individual may not serve as a poll watcher under 
        subparagraph (A) or (B) of paragraph (2), and the chief State 
        election official of the District of Columbia may not provide 
        the individual with credentials to enable the individual to 
        serve as a poll watcher under such subparagraph, if the 
        individual is a candidate in the election or a law enforcement 
        officer.
    ``(c) Other Individuals.--
            ``(1) Petition for observer credentials.--In addition to 
        the individuals described in subsection (b), any individual, 
        including an individual representing or affiliated with a 
        domestic or international organization, may petition the chief 
        State election official of the District of Columbia to provide 
        the individual with credentials to observe election procedures 
        carried out in a District of Columbia election, as described in 
        subsection (b).
            ``(2) Authority described.--If the chief State election 
        official provides an individual with credentials under 
        paragraph (1), the individual shall have the same authority to 
        observe election procedures carried out in the election as an 
        individual described in subsection (b), except that the 
        individual may not challenge the casting, tabulation, 
        canvassing, or processing of any ballot in the election.
            ``(3) Exception for candidates and law enforcement 
        officers.--The chief State election official of the District of 
        Columbia may not provide an individual who is a candidate in 
        the election or a law enforcement officer with credentials to 
        serve as a poll watcher, as described in subparagraph (A) or 
        (B) of subsection (b)(2).
    ``(d) Authority of Members of Public To Observe Testing of 
Equipment.--In addition to the authority of individuals to observe 
procedures under subsections (b) and (c), any member of the public may 
observe the testing of election equipment by election officials prior 
to the date of the election.
    ``(e) Prohibiting Limits on Ability To View Procedures.--An 
election official may not obstruct the ability of an individual who is 
authorized to observe an election procedure under this section to view 
the procedure as it is being carried out.
    ``(f) Prohibition Against Certain Restrictions.--An election 
official may not require that an individual who observes election 
procedures under this section stays more than 3 feet away from the 
procedure as it is being carried out.

``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mail Balloting Reform 
Act'.
    ``(b) Prohibiting Transmission of Unsolicited Ballots.--The 
District of Columbia may not transmit an absentee or other mail-in 
ballot for a District of Columbia election to any individual who does 
not request the District of Columbia to transmit the ballot.
    ``(c) Signature Verification.--
            ``(1) Inclusion of certificate with ballot.--The District 
        of Columbia shall include with each absentee or other mail-in 
        ballot transmitted for a District of Columbia election a 
        certificate of transmission which may be signed by the 
        individual for whom the ballot is transmitted.
            ``(2) Requiring verification for ballot to be counted.--
        Except as provided in subsection (d), the District of Columbia 
        may not accept an absentee or other mail-in ballot for a 
        District of Columbia election unless--
                    ``(A) the individual for whom the ballot was 
                transmitted--
                            ``(i) signs and dates the certificate of 
                        transmission included with the ballot under 
                        paragraph (1); and
                            ``(ii) includes the signed certification 
                        with the ballot and the date on such 
                        certification is accurate and in no case later 
                        than the date of the election; and
                    ``(B) the individual's signature on the ballot 
                matches the signature of the individual on the official 
                list of registered voters in the District of Columbia 
                or other official record or document used by the 
                District of Columbia to verify the signatures of 
                voters.
    ``(d) Notice and Opportunity To Cure.--
            ``(1) Notice and opportunity to cure discrepancy in 
        signatures.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election and the 
        appropriate District of Columbia 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 District of Columbia or other official 
        record or document used by the District of Columbia to verify 
        the signatures of voters, such election official, prior to 
        making a final determination as to the validity of such ballot, 
        shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual by mail, telephone, or (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 District of Columbia 
                        or other official record or document used by 
                        the District of Columbia to verify the 
                        signatures of voters; and
                            ``(ii) if such discrepancy is not cured 
                        prior to the expiration of the 48-hour period 
                        which begins on the date the official notifies 
                        the individual of the discrepancy, such ballot 
                        will not be counted; and
                    ``(B) cure such discrepancy and count the ballot 
                if, prior to the expiration of the 48-hour period 
                described in subparagraph (A)(ii), the individual 
                provides the official with information to cure such 
                discrepancy, either in person, by telephone, or by 
                electronic methods.
            ``(2) Notice and opportunity to cure missing signature or 
        other defect.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election without a 
        signature on the ballot or the certificate of transmission 
        included with the ballot under subsection (c)(1) or submits an 
        absentee ballot with another defect which, if left uncured, 
        would cause the ballot to not be counted, the appropriate 
        District of Columbia election official, prior to making a final 
        determination as to the validity of the ballot, shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual either by mail, telephone, or (if 
                available) text message and electronic mail that--
                            ``(i) the ballot or certificate of 
                        transmission 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 48-hour period 
                        which begins on the date the official notifies 
                        the individual that the ballot or certificate 
                        of transmission did not include a signature or 
                        has some other defect, such ballot will not be 
                        counted; and
                    ``(B) count the ballot if, prior to the expiration 
                of the 48-hour period described in subparagraph 
                (A)(ii), the individual provides the official with the 
                missing signature on a form proscribed by the District 
                of Columbia or cures the other defect.
        This paragraph 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).
    ``(e) Deadline for Acceptance.--
            ``(1) Deadline.--Except as provided in paragraph (2), the 
        District of Columbia may not accept an absentee or other mail-
        in ballot for a District of Columbia election which is received 
        by the appropriate election official following the close of 
        polls on Election Day.
            ``(2) Exception for absent military and overseas voters.--
        Paragraph (1) does not apply to a ballot cast 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.).
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed as prohibiting the District of Columbia from 
        accepting an absentee or other mail-in ballot for a District of 
        Columbia election that is delivered in person by the voter to 
        an election official at an appropriate polling place or the 
        District of Columbia Board of Elections if such ballot is 
        received by the election official by the deadline described in 
        paragraph (1).

``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Ballot Security Act'.
    ``(b) Requirements.--With respect to a District of Columbia 
election, the District of Columbia may not use a drop box to accept a 
voted absentee or other mail-in ballot for any such election unless--
            ``(1) any such drop box is located inside a District of 
        Columbia government building or facility;
            ``(2) the District of Columbia provides for the security of 
        any such drop box through 24-hour remote or electronic 
        surveillance; and
            ``(3) the District of Columbia Board of Elections collects 
        any ballot deposited in any such drop box each day after 5:00 
        p.m. (local time) during the period of the election.

``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO 
              FEDERAL ELECTIONS.

    ``With respect to an election for Federal office in the District of 
Columbia, to the extent that there is any inconsistency with the 
requirements of this subtitle and the requirements of subtitle A, the 
requirements of this subtitle shall apply.

``SEC. 333. PROHIBITING THE USE OF RANKED CHOICE VOTING.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia One Vote One Choice Act'.
    ``(b) Prohibition.--The District of Columbia may not carry out a 
District of Columbia election using 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. 334. EARLY VOTING.

    ``(a) Requiring Early Voting.--
            ``(1) In general.--The District of Columbia shall allow 
        individuals to vote in person in a District of Columbia 
        election during an early voting period which occurs prior to 
        the date of the election, in the same manner as in person 
        voting is allowed on such date.
            ``(2) Length of period.--The early voting period required 
        under this subsection with respect to a District of Columbia 
        election shall consist of not more than 10 days during the 
        period of consecutive days (including weekends) which begins on 
        the 14th day before the date of the election and ends on the 
        date of the election.
    ``(b) Polling Place Requirements.--Each polling place which allows 
voting during an early voting period under subsection (a) shall have 
the same hours for each day on which such voting occurs as the polling 
place has on the date of the election.

``SEC. 335. DISTRICT OF COLUMBIA ELECTION DEFINED.

    ``In this subtitle, the term `District of Columbia election' means 
any election for public office in the District of Columbia, including 
an election for Federal office, and any ballot initiative or 
referendum.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking the period at the end 
and inserting the following: ``, and the requirements of subtitle C 
with respect to the District of Columbia.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

    ``Subtitle C--Requirements for Elections in District of Columbia

        ``Sec. 321. Statement of Congressional authority; findings.
        ``Sec. 322. Requirements for photo identification.
        ``Sec. 323. Requirements for voter registration.
        ``Sec. 324. Ban on collection and transmission of ballots by 
                            certain third parties.
        ``Sec. 325. Timely processing and reporting of results.
        ``Sec. 326. Ban on noncitizen voting.
        ``Sec. 327. Requirements with respect to provisional ballots.
        ``Sec. 328. Mandatory post-election audits.
        ``Sec. 329. Public observation of election procedures.
        ``Sec. 330. Requirements for voting by mail-in ballot.
        ``Sec. 331. Requirements with respect to use of drop boxes.
        ``Sec. 332. Special rule with respect to application of 
                            requirements to Federal elections.
        ``Sec. 333. Prohibiting the use of ranked choice voting.
        ``Sec. 334. Early voting.
        ``Sec. 335. District of Columbia election defined.

SEC. 144. REPEAL OF LOCAL RESIDENT VOTING RIGHTS AMENDMENT ACT OF 2022.

    The Local Resident Voting Rights Amendment Act of 2022 (D.C. Law 
24-242) is repealed, and any provision of law amended or repealed by 
such Act shall be restored or revived as if such Act had not been 
enacted into law.

SEC. 145. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
District of Columbia elections held on or after January 1, 2024. For 
purposes of this section, the term ``District of Columbia election'' 
has the meaning given such term in section 333 of the Help America Vote 
Act of 2002, as added by section 143(a).

    Subtitle E--Administration of the Election Assistance Commission

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Positioning the Election 
Assistance Commission for the Future Act of 2023''.

SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION 
              ASSISTANCE COMMISSION.

    Congress finds the following:
            (1) The Election Assistance Commission best serves the 
        American people when operating within its core statutory 
        functions, including serving as a clearinghouse for information 
        on election administration, providing grants, and testing and 
        certifying election equipment.
            (2) The American people are best served when Federal agency 
        election assistance is offered by a single agency with 
        expertise in this space. The Election Assistance Commission, 
        composed of four election experts from different political 
        parties, is best situated among the Federal government agencies 
        to offer assistance services to citizens and to guide other 
        Federal agencies that have responsibilities in the elections 
        space. The Commission is also best suited to determine the 
        timing of the issuance of any advisories and to disburse all 
        appropriated election grant funding.
            (3) To this end, Congress finds that the Election 
        Assistance Commission should be viewed as the lead Federal 
        government agency on all election administration matters, and 
        other Federal agencies operating in this space should look to 
        the Commission for guidance, direction, and support on election 
        administration-related issues.

SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE 
              ELECTION ASSISTANCE COMMISSION.

    (a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002 
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional 
personnel'' and inserting ``of not more than 55 full-time equivalent 
employees to carry out the duties and responsibilities under this Act 
and the additional duties and responsibilities required under the 
American Confidence in Elections Act''.
    (b) Funding.--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 each of the fiscal years 2024 
        through 2026''; and
            (2) by striking ``(but not to exceed $10,000,000 for each 
        such year)'' and inserting ``(but not to exceed $25,000,000 for 
        each such year)''.
    (c) Prohibition on Certain Use of Funds.--
            (1) Prohibition.--None of the funds authorized to be 
        appropriated or otherwise made available under subsection (b) 
        may be obligated or expended for the operation of an advisory 
        committee established by the Election Assistance Commission 
        pursuant to and in accordance with the provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App. 2), except with 
        respect to the operation of the Local Leadership Council.
            (2) No effect on entities established by help america vote 
        act of 2002.--Paragraph (1) does not apply with respect to the 
        operation of any entity established by the Help America Vote 
        Act of 2002, including the Election Assistance Commission 
        Standards Board, the Election Assistance Commission Board of 
        Advisors, and the Technical Guidelines Development Committee.
    (d) Requirements With Respect to Compensation of Members of the 
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52 
U.S.C. 20923(d)) is amended--
            (1) in paragraph (1), by striking ``at the annual rate of 
        basic pay prescribed for level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code'' and 
        inserting ``at an annual rate of basic pay equal to the lesser 
        of the amount of $176,300, as adjusted under section 5318 of 
        title 5, United States Code, in the same manner as the annual 
        rate of pay for positions at each level of the Executive 
        Schedule, or 90 percent of the annual rate of pay for a member 
        of the Federal Election Commission (but in no case lower than 
        the rate applicable for the pay period occurring on the date of 
        the enactment of the ACE Act)'';
            (2) in paragraph (2), by striking ``No member appointed'' 
        and inserting ``Except as provided in paragraph (3), no member 
        appointed''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Supplemental employment and compensation.--An 
        individual serving a term of service on the Commission shall be 
        permitted to hold a position at an institution of higher 
        education (as such term is defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001)) if--
                    ``(A) the General Counsel of the Election 
                Assistance Commission determines that such position 
                does not create a conflict of interest with the 
                individual's position as a sitting member of the 
                Commission and grants the individual approval to hold 
                the position; and
                    ``(B) the annual rate of compensation received by 
                the individual from such institution is not greater 
                than the amount equal to 49.9% of the annual rate of 
                basic pay paid to the individual under paragraph 
                (1).''.
    (e) Office of Inspector General.--Section 204 of the Help America 
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the 
following new subsection:
    ``(f) Office of Inspector General.--In consultation with the Office 
of the Inspector General of the Commission, the Commission shall 
establish annually a budget and a number of full-time equivalent 
employees for the Office of the Inspector General which will ensure 
that the Office has sufficient funding and personnel to carry out the 
duties and responsibilities under section 404 of title 5, United States 
Code.''.
    (f) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2025.

SEC. 154. GENERAL REQUIREMENTS FOR PAYMENTS MADE BY ELECTION ASSISTANCE 
              COMMISSION.

    (a) Exclusive Authority of Election Assistance Commission To Make 
Election Administration Payments to States.--No entity of the Federal 
Government other than the Election Assistance Commission may make any 
payment to a State for purposes of administering elections for Federal 
office, including obtaining election and voting equipment and 
infrastructure (including software), enhancing election and voting 
technology, and making election and voting security improvements, 
including with respect to cybersecurity and infrastructure (including 
software).
    (b) Prohibiting Use of Payments for Get-Out-the-Vote-Activity; 
Other Requirements for Payments Made by Commission.--Subtitle D of 
title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) 
is amended by adding at the end the following new part:

              ``PART 7--GENERAL REQUIREMENTS FOR PAYMENTS

``SEC. 297. PROHIBITING USE OF PAYMENTS FOR GET-OUT-THE-VOTE-ACTIVITY.

    ``(a) Prohibition.--No payment made to a State or unit of local 
government by the Commission under this Act or any other Act or any 
other Federal funds made available to a State or unit of local 
government may be used for get-out-the-vote activity.
    ``(b) Definition.--In this section, the term `get-out-the-vote 
activity' means, with respect to a payment made to a State or unit of 
local government, any activity which, at the time the payment is made, 
is treated as get-out-the-vote-activity under the Federal Election 
Campaign Act of 1971 and the regulations promulgated by the Federal 
Election Commission to carry out such Act, or similar activity which is 
targeted, or may be reasonably assumed to be targeted, at particular 
voters and groups of voters on the basis of political affiliation, 
their expected votes, their place of residence, or some other 
demographic factor.''.
    (c) Requiring Disclaimer in Communications.--Part 7 of subtitle D 
of title II of such Act, as added by subsection (b), is amended by 
adding at the end the following new section:

``SEC. 297A. REQUIRING COMMUNICATIONS FUNDED BY PAYMENTS TO INCLUDE 
              DISCLAIMER.

    ``(a) Requirement.--If a State or unit of local government 
disseminates a public communication which was developed or disseminated 
in whole or in part with a payment made to the State or a unit of local 
government by the Commission under this Act or any other Act, the State 
or unit of local government shall ensure that the communication 
includes, in a clear and conspicuous manner, the following statement: 
`Paid for using Federal taxpayer funds pursuant to the Help America 
Vote Act'.
    ``(b) Clear and Conspicuous Manner Described.--A statement required 
under subsection (a) shall be considered to be in a clear and 
conspicuous manner if the statement meets the following requirements:
            ``(1) Text or graphic communications.--In the case of a 
        text or graphic communication, the statement--
                    ``(A) appears in letters at least as legible as the 
                majority of the text in the communication;
                    ``(B) is contained in a printed box set apart from 
                the other contents of the communication; and
                    ``(C) is printed with a reasonable degree of color 
                contrast between the background and the printed 
                statement.
            ``(2) 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.
            ``(3) Video communications.--In the case of a video 
        communication, the statement--
                    ``(A) is included at either the beginning or the 
                end of the communication; and
                    ``(B) is made in a written format that meets the 
                requirements of subparagraphs (A) and (C) of paragraph 
                (1) and appears for at least 4 seconds.
            ``(4) 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 paragraph (1), (2), 
        or (3).
    ``(c) Public Communication.--In this section, the term `public 
communication' means a communication relating to the administration of 
an election for Federal office by means of any broadcast, cable, or 
satellite communication, internet communication, newspaper, magazine, 
outdoor advertising facility, mass mailing, or telephone bank to the 
general public, or any other form of general public advertising.

``SEC. 297B. GUIDANCE ON USE OF PAYMENTS.

    ``(a) Requiring Establishment and Publication on Guidance.--The 
Commission shall establish and publish clear guidance on the 
permissible use of any payments made by the Commission to States and 
units of local government under this Act or any other Act.
    ``(b) Requirements for Guidance.--The guidance established under 
this section shall meet the following requirements:
            ``(1) The guidance shall be consistent for all States and 
        units of local government.
            ``(2) The guidance shall be available to the public.
            ``(3) If the Commission revises any previously established 
        and published guidance under this section, the revision may not 
        take effect until after the next regularly scheduled general 
        election for Federal office, and the Commission shall provide 
        and publish its reasons for the revision.
    ``(c) Application of Guidance to Audits.--If the Commission 
conducts any audit of the use of a payment to a State or unit of local 
government, it shall base the audit on the compliance of the State or 
unit of local government with the applicable guidance under this 
section and the applicable requirements of this Act.
    ``(d) Uniform Terms for Reports.--In cooperation and consultation 
with States, the Commission shall establish a set of uniform terms for 
States and units of local government to use for any reports submitted 
to the Commission on the use of payments made by the Commission under 
this Act or any other Act.''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended by inserting at the end of the items relating to subtitle D of 
title II the following:

              ``Part 7--General Requirements for Payments

``Sec. 297. Prohibiting use of payments for get-out-the-vote-activity.
``Sec. 297A. Requiring communications funded by payments to include 
                            disclaimer.
``Sec. 297B. Guidance on use of payments.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall apply with respect to payments made on or after the date 
that is 30 days after the date of the enactment of this Act.

SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER 
              INTO CONTRACTS.

    Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C. 
20943(c)) is amended by adding at the end the following new paragraph:
            ``(5) Authority to enter into contracts.--The Executive 
        Board of the Standards Board may, using amounts already made 
        available to the Commission, enter into contracts to employ and 
        retain no more than 2 individuals to enable the Standards Board 
        to discharge its duties with respect to the examination and 
        release of voluntary considerations with respect to the 
        administration of elections for Federal offices by the States 
        under section 247, except that--
                    ``(A) no more than 1 individual from the same 
                political party may be employed under such contracts at 
                the same time;
                    ``(B) the authority to enter into such contracts 
                shall end on the earlier of the date of the release of 
                the considerations or December 31, 2025; and
                    ``(C) no additional funds may be appropriated to 
                the Commission for the purposes of carrying out this 
                paragraph.''.

SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION 
              ADMINISTRATION ASSISTANCE.

    (a) In General.--Except as provided in any other provision of law, 
the Election Assistance Commission shall, with respect to any other 
entity of the Federal Government, have primary jurisdiction to address 
issues with respect to the administration of elections for Federal 
office.
    (b) Exclusive Authority of Election Assistance Commission To 
Develop Voluntary Guidelines With Respect to Voting Systems and 
Nonvoting Technology.--No entity of the Federal Government other than 
the Election Assistance Commission may develop, adopt, issue, or 
oversee voluntary guidelines with respect to voting systems and any 
related nonvoting election technology, as defined in section 298C of 
the Help America Vote Act of 2002 (as added by section 129(b)) that are 
used in elections for Federal office.

SEC. 157. CLARIFICATION OF THE DUTIES OF THE ELECTION ASSISTANCE 
              COMMISSION.

    Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) 
is amended--
            (1) by striking ``The Commission shall serve'' and 
        inserting the following:
    ``(a) In General.--The Commission shall serve'';
            (2) in paragraph (1), by striking ``including the 
        maintenance of a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        guidelines and in operating voting systems in general'' and 
        inserting ``including, in cooperation with and for the benefit 
        of the States and their political subdivisions, the maintenance 
        and operation of a Federal forum for the States and their 
        political subdivisions to discuss with other States and their 
        political subdivisions their experiences with election 
        administration processes, equipment, operations, training, and 
        scheduling, as well as any other useful information relating to 
        State administration of elections for Federal office (as 
        described in subsection (b))'';
            (3) in paragraph (2), by inserting ``, including any 
        related nonvoting election technology, as defined in section 
        298C of the Help America Vote Act of 2002'' after ``hardware 
        and software''; and
            (4) by adding at the end the following new subsections:
    ``(b) Federal Forum for Discussion of Election Administration 
Experiences.--
            ``(1) Membership.--The membership of the Federal forum 
        described in paragraph (1) of subsection (a) shall be comprised 
        of the membership of the Standards Board and of the Local 
        Leadership Council.
            ``(2) Maintenance of clearinghouse.--As part of such 
        Federal forum, the Commission shall, on behalf of and for the 
        benefit of the States and their political subdivisions, 
        maintain and operation a national clearinghouse of relevant 
        information developed by or provided to the Federal forum with 
        respect to State administration of elections for Federal 
        office. The Commission may also include other information 
        related to election administration that it considers useful to 
        State and local election administrators who administer 
        elections for Federal office, except that the Commission may 
        not endorse a private third party, the information provided or 
        published by a private third party, or use such information in 
        a way that suggests that the information was created or 
        endorsed by the Commission.
    ``(c) Special Rule With Respect to Prioritization of Duties.--The 
Commission shall--
            ``(1) prioritize carrying out the duties described in 
        paragraphs (1), (2), and (4) of subsection (a);
            ``(2) retain personnel qualified to assist the Commission 
        in carrying out such duties; and
            ``(3) prioritize such duties in all budget requests.''.

SEC. 158. ELECTION ASSISTANCE COMMISSION POWERS.

    Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 20925) 
is amended by adding at the end the following new subsection:
    ``(f) Concurrent Transmissions to Congress.--
            ``(1) Budget estimate or request.--Whenever the Commission 
        submits any budget estimate or request to the President or the 
        Director of the Office of Management and Budget, the Commission 
        shall concurrently transmit a copy of such estimate or request 
        to the Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate.
            ``(2) Legislative recommendation, testimony, or comments.--
        Whenever the Commission submits any legislative recommendation, 
        testimony, or comments on legislation requested by Congress or 
        by any Member of Congress to the President or the Office of 
        Management and Budget, it shall concurrently transmit a copy 
        thereof to Congress or to the Member of Congress involved (as 
        the case may be). No officer or agency of the United States 
        shall have any authority to require the Commission to submit 
        its legislative recommendations, testimony, or comments on 
        legislation to any office or agency of the United States for 
        approval, comments, or review prior to the submission of such 
        recommendations, testimony, or comments to the Congress or 
        Member of Congress under the previous sentence.''.

SEC. 159. MEMBERSHIP OF THE LOCAL LEADERSHIP COUNCIL.

    Subtitle C of title II of the Help America Vote Act of 2002 (52 
U.S.C. 20981 et seq.) is amended by adding at the end the following new 
section:

``SEC. 248. MEMBERSHIP OF THE LOCAL LEADERSHIP COUNCIL.

    ``In appointing members of the Local Leadership Council, the 
Commission shall ensure that members who represent the same State are 
not of the same political affiliation in their professional capacities 
and should reflect the goal of soliciting diverse opinions and 
ideas.''.

SEC. 160. RULE OF CONSTRUCTION.

    Nothing in this subtitle or the amendments made by this subtitle 
shall be construed as providing the Election Assistance Commission with 
additional regulatory authority, other than the regulatory authority 
required to carry out the requirements and duties under this subtitle 
and the amendments made by this subtitle.

    Subtitle F--Prohibition on Involvement in Elections by Foreign 
                               Nationals

SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) Short Title.--This section may be cited as the ``American 
Confidence in Elections: Keeping Foreign Money out of Ballot Measures 
Act''.
    (b) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
    ``(a) Prohibition.--It shall be unlawful for a foreign national, 
directly or indirectly, to make a contribution as such term is defined 
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to 
make an express or implied promise to make a contribution or donation, 
in connection with a State or local ballot initiative or referendum.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $250,000, imprisoned for not more than 5 years, or 
both.
    ``(c) Foreign National Defined.--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)).''.
    (c) 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. Foreign nationals making certain political contributions.''.
    (d) Effective Date.--The amendment made by this section shall apply 
with respect to contributions and donations made on or after the date 
of the enactment of this Act.

SEC. 162. PROHIBITING PROVIDING ASSISTANCE TO FOREIGN NATIONALS IN 
              MAKING CONTRIBUTIONS OR DONATIONS IN CONNECTION WITH 
              ELECTIONS.

    (a) Prohibition.--Section 319(a) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(a)) is amended--
            (1) in paragraph (1)(C), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) a person to knowingly help or assist a foreign 
        national in violating this subsection.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to contributions and donations made on or after the date 
of the enactment of this Act.

SEC. 163. PROHIBITION ON CONTRIBUTIONS BY FOREIGN NATIONALS TO CERTAIN 
              TAX-EXEMPT ENTITIES.

    (a) In General.--Section 319(a)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(a)(1)), as amended by section 162(a), is 
amended--
            (1) in subparagraph (C), by adding ``or'' at the end;
            (2) by adding at the end the following new subparagraph:
                    ``(D) a contribution or donation of money or other 
                thing of value to an organization that is described in 
                section 501(c) of the Internal Revenue Code of 1986 and 
                exempt from tax under section 501(a) of such Code if 
                the organization makes or expects to make a 
                contribution to a political committee during the 4-year 
                period which begins on the date that the foreign 
                national made such contribution or donation to the 
                organization; or''.
    (b) Rule of Construction Regarding Privacy of Donor Information.--
Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the 
end the following new subsection:
    ``(c) Rule of Construction.--Nothing in paragraph (1)(D) of 
subsection (a) may be construed to permit the collection, submission, 
or disclosure of any information in violation of the Speech Privacy Act 
of 2023.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to contributions made on or after the date of the 
enactment of this Act.

 Subtitle G--Constitutional Experts Panel With Respect to Presidential 
                               Elections

SEC. 171. SHORT TITLE.

    This subtitle may be cited as the ``Solving an Overlooked Loophole 
in Votes for Executives (SOLVE) Act''.

SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.

    (a) Establishment.--There is established the ``Twentieth Amendment 
Section Four Panel'' (in this section referred to as the ``Panel'').
    (b) Membership.--
            (1) In general.--The Panel shall be composed of 6 
        constitutional experts, of whom--
                    (A) 1 shall be appointed by the majority leader of 
                the Senate;
                    (B) 1 shall be appointed by the minority leader of 
                the Senate;
                    (C) 1 shall be appointed jointly by the majority 
                and minority leader of the Senate;
                    (D) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (E) 1 shall be appointed by minority leader of the 
                House of Representatives; and
                    (F) 1 shall be appointed jointly by the Speaker of 
                the House of Representatives and the minority leader of 
                the House of Representatives.
            (2) Date.--The appointments of the members of the Panel 
        shall be made not later than 180 days after the date of 
        enactment of this Act.
            (3) Vacancy.--Any vacancy occurring in the membership of 
        the Panel shall be filled in the same manner in which the 
        original appointment was made.
            (4) Chairperson and vice chairperson.--The Panel shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Panel.
    (c) Purpose.--The purpose of the Panel shall be to recommend to 
Congress model legislation, which shall provide for an appropriate 
process, pursuant to section 4 of the Twentieth Amendment to the United 
States Constitution, to resolve any vacancy created by the death of a 
candidate in a contingent presidential or vice-presidential election.
    (d) Reports.--
            (1) Initial report.--Not later than 1 year after the date 
        on which all of the appointments have been made under 
        subsection (b)(2), the Panel shall submit to Congress an 
        interim report containing the Panel's findings, conclusions, 
        and recommendations.
            (2) Final report.--Not later than 6 months after the 
        submission of the interim report under paragraph (1), the Panel 
        shall submit to Congress a final report containing the Panel's 
        findings, conclusions, and recommendations.
    (e) Meetings; Information.--
            (1) In general.--Meetings of the Panel shall be held at the 
        Law Library of Congress.
            (2) Information.--The Panel may secure from the Law Library 
        of Congress such information as the Panel considers necessary 
        to carry out the provisions of this section.
    (f) Funds.--
            (1) Compensation of members.--Members of the Panel shall 
        receive no compensation.
            (2) Other funding.--No amounts shall be appropriated for 
        the purposes of this section, except for any amounts strictly 
        necessary for the Law Library of Congress to execute its 
        responsibilities under subsection (e).
    (g) Termination.--
            (1) In general.--The panel established under subsection (a) 
        shall terminate 90 days after the date on which the panel 
        submits the final report required under subsection (d)(2).
            (2) Records.--Upon termination of the panel, all of its 
        records shall become the records of the Secretary of the Senate 
        and the Clerk of the House of Representatives.

                TITLE II--MILITARY VOTING ADMINISTRATION

SEC. 200. SHORT TITLE.

    This title may be cited as the ``American Confidence in Elections: 
Military Voting Rights Study Act of 2023''.

            Subtitle A--Findings Relating to Military Voting

SEC. 201. FINDINGS RELATING TO MILITARY VOTING.

    Congress finds the following:
            (1) Participation in the voting process by Americans who 
        serve in the Armed Forces is vital to the future of the 
        Republic; however, due to the realities of service around the 
        globe and despite many best efforts, the Nation has not always 
        lived up to its commitment to servicemembers that their vote be 
        counted.
            (2) The Military and Overseas Empowerment (MOVE) Act made 
        great progress in solving problems with voting that many 
        servicemembers faced. Yet, for many, it is still difficult to 
        exercise the franchise, with many ballots not reaching State 
        elections officials until after the deadline, negating their 
        voice. After 14 years, Congress must address the remaining 
        issues.
            (3) Congress finds that it is a moral imperative of 
        national importance that every eligible American servicemember 
        has the opportunity to cast a ballot in each election and, not 
        only that such ballot be received in time to be counted, but 
        that it actually be counted according to law.

           Subtitle B--GAO Analysis on Military Voting Access

SEC. 211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON IMPLEMENTATION OF 
              UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT AND 
              IMPROVING ACCESS TO VOTER REGISTRATION INFORMATION AND 
              ASSISTANCE FOR ABSENT UNIFORMED SERVICES VOTERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct--
            (1) an analysis of the effectiveness of the Federal 
        Government in carrying out its responsibilities under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.) to promote access to voting for absent uniformed 
        services voters; and
            (2) a study on means for improving access to voter 
        registration information and assistance for members of the 
        Armed Forces and their family members.
    (b) Elements.--
            (1) Analysis.--The analysis required by subsection (a)(1) 
        shall include analysis of the following:
                    (A) Data and information pertaining to the 
                transmission of ballots to absent unformed services 
                voters.
                    (B) Data and information pertaining to the methods 
                of transmission of voted ballots from absent uniformed 
                services voters, including the efficacy and security of 
                such methods.
                    (C) Data and information pertaining to the 
                treatment by election officials of voted ballots 
                transmitted by absent uniformed services voters, 
                including--
                            (i) the rate at which such ballots are 
                        counted in elections;
                            (ii) the rate at which such ballots are 
                        rejected in elections; and
                            (iii) the reasons for such rejections.
                    (D) An analysis of the effectiveness of the 
                assistance provided to absent uniformed services voters 
                by Voting Assistance Officers of the Federal Voting 
                Assistance Program of the Department of Defense.
                    (E) A review of the extent of coordination between 
                Voting Assistance Officers and State and local election 
                officials.
                    (F) Information regarding such other issues 
                relating to the ability of absent uniformed services 
                voters to register to vote, vote, and have their 
                ballots counted in elections for Federal office.
                    (G) Data and information pertaining to--
                            (i) the awareness of members of the Armed 
                        Forces and their family members of the 
                        requirement under section 1566a of title 10, 
                        United States Code, that the Secretaries of the 
                        military departments provide voter registration 
                        information and assistance; and
                            (ii) whether members of the Armed Forces 
                        and their family members received such 
                        information and assistance at the times 
                        required by subsection (c) of that section.
            (2) Study.--The study required by subsection (a)(2) shall 
        include the following:
                    (A) An assessment of potential actions to be 
                undertaken by the Secretary of each military department 
                to increase access to voter registration information 
                and assistance for members of the Armed Forces and 
                their family members.
                    (B) An estimate of the costs and requirements to 
                fully meet the needs of members of the Armed Forces for 
                access to voter registration information and 
                assistance.
    (c) Methods.--In conducting the analysis and study required by 
subsection (a), the Comptroller General shall, in cooperation and 
consultation with the Secretaries of the military departments--
            (1) use existing information from available government and 
        other public sources; and
            (2) acquire, through the Comptroller General's own 
        investigations, interviews, and analysis, such other 
        information as the Comptroller General requires to conduct the 
        analysis and study.
    (d) Report Required.--Not later than September 30, 2025, the 
Comptroller General shall submit to the Committee on Rules and 
Administration of the Senate and the Committee on House Administration 
of the House of Representatives a report on the analysis and study 
required by subsection (a).
    (e) Definitions.--In this section:
            (1) Absent uniformed services voter.--The term ``absent 
        uniformed services voter'' has the meaning given that term in 
        section 107 of the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20310).
            (2) Family member.--The term ``family member'', with 
        respect to a member of the Armed Forces, means a spouse and 
        other dependent (as defined in section 1072 of title 10, United 
        States Code) of the member.

               TITLE III--FIRST AMENDMENT PROTECTION ACT

SEC. 300. SHORT TITLE.

    This title may be cited as the ``First Amendment Protection Act''.

   Subtitle A--Protecting Political Speech and Freedom of Association

                  PART 1--PROTECTING POLITICAL SPEECH

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) The structure of the Constitution and its amendments 
        represents the radical idea that any sovereign power exercised 
        by the Federal government flows either directly from the people 
        or through the States they established to govern themselves. In 
        the words of the Ninth and Tenth Amendments, ``[t]he 
        enumeration in the Constitution, of certain rights, shall not 
        be construed to deny or disparage others retained by the 
        people.'' ``The powers not delegated to the United States by 
        the Constitution, nor prohibited by it to the States, are 
        reserved to the States respectively, or to the people.''.
            (2) Among the many freedoms it protects, the First 
        Amendment prevents Congress from making any law abridging the 
        freedom of speech, the right of the people peaceably to 
        assemble, or the right of the people to petition the Government 
        for the redress of grievances.
            (3) Any proposed Federal action concerning freedom of 
        speech, protest, or petition must start with an analysis of the 
        First Amendment. Congress must ask whether the proposed action 
        would abridge these freedoms, and any uncertainty must be 
        determined in favor of fewer restrictions on speech.
            (4) In particular, political speech, uttered in the 
        furtherance of self-government, must raise an even higher bar 
        to congressional abridgement. The mechanisms and media used to 
        offer political speech must realize the same protections.
            (5) As the Supreme Court has recognized, the Constitution 
        grants Congress only a very narrow interest in the regulation 
        of political speech, the prevention of corruption or the 
        appearance of corruption. Buckley v. Valeo, 424 U.S. 1, 25-26 
        (1976); Federal Election Commission v. National Conservative 
        Political Action Commission, 470 U.S. 480, 497 (1985); Citizens 
        United v. Federal Election Commission, 558 U.S. 310, 359 
        (2010); McCutcheon v. Federal Election Commission, 572 U.S. 
        185, 207 (2014); Cruz v. Federal Election Commission, 142 S.Ct. 
        1638, 1652 (2022).
            (6) In order to uphold and effectuate the Constitution, any 
        Federal statute that goes beyond this interest must be 
        repealed, and Congress must exercise its article 1 authorities 
        to do so.

SEC. 302. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.

    (a) Repeal of Limits.--Section 315(d) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``may make expenditures'' and 
                inserting ``may make expenditures, including 
                coordinated expenditures,'', and
                    (B) by striking ``Federal office, subject to the 
                limitations contained in paragraphs (2), (3), and (4) 
                of this subsection'' and inserting ``Federal office in 
                any amount''; and
            (2) by striking paragraphs (2), (3), (4), and (5).
    (b) Clarifying Treatment of Certain Party Communications as 
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C. 
30116(d)), as amended by subsection (a), is amended by adding at the 
end the following new paragraph:
    ``(2) For purposes of this subsection, a communication shall be 
treated as a coordinated expenditure in connection with the campaign of 
a candidate only if the public communication is paid for by a committee 
of a political party or its agent, refers to a clearly identified House 
or Senate candidate, and is publicly distributed or otherwise publicly 
disseminated in the clearly identified candidate's jurisdiction.''.
    (c) Conforming Amendment Relating to Indexing.--Section 315(c) of 
such Act (52 U.S.C. 30116(c)) is amended--
            (1) in paragraph (1)(B)(i), by striking ``(d),''; and
            (2) in paragraph (2)(B)(i), by striking ``subsections (b) 
        and (d)'' and inserting ``subsection (b)''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 303. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.

    (a) Findings.--Congress finds that the Supreme Court of the United 
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the 
biennial aggregate limits under section 315(a)(3) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be 
unconstitutional.
    (b) Repeal.--Section 315(a) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
    (c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C. 
30116(c)) is amended by striking ``(a)(3),'' each place it appears in 
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).

SEC. 304. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL 
              POLITICAL PARTY COMMITTEES.

    (a) In General.--Section 315(a)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``a national political 
        party'' and inserting ``a national or State political party'';
            (2) by adding ``or'' at the end of subparagraph (B);
            (3) in subparagraph (C), by striking ``; or'' and inserting 
        a period; and
            (4) by striking subparagraph (D).
    (b) Contributions by Multicandidate Political Committees.--
            (1) In general.--Section 315(a)(2)(B) of such Act (52 
        U.S.C. 30116(a)(2)(B)) is amended by striking ``a national 
        political party'' and inserting ``a national or State political 
        party''.
            (2) Price index adjustment.--Section 315(c) of such Act (52 
        U.S.C. 30116(c)) is amended--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
    ``(D) In any calendar year after 2024--
            ``(i) a limitation established by subsection (a)(2) shall 
        be increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
                    (B) in paragraph (2)(B)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                    ``(iii) for purposes of subsection (a)(2), calendar 
                year 2024.''.
    (c) Acceptance of Additional Amounts for Certain Accounts.--
            (1) Permitting acceptance of additional amounts in same 
        manner as national parties.--Section 315(a) of such Act (52 
        U.S.C. 30116(a)) is amended--
                    (A) in paragraph (1)(B), by striking ``paragraph 
                (9)'' and inserting ``paragraph (9) or paragraph 
                (10)''; and
                    (B) in paragraph (2)(B), by striking ``paragraph 
                (9)'' and inserting ``paragraph (9) or paragraph 
                (10)''.
            (2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C. 
        30116(a)(9)) is amended by striking ``national committee of a 
        political party'' each place it appears in subparagraphs (A), 
        (B), and (C) and inserting ``committee of a national or State 
        political party''.
            (3) State party convention accounts described.--Section 
        315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at 
        the end the following new paragraph:
    ``(10) An account described in this paragraph is a separate, 
segregated account of a political committee established and maintained 
by a State committee of a political party which is used solely to 
defray--
            ``(A) expenses incurred with respect to carrying out State 
        party nominating activities or other party-building 
        conventions;
            ``(B) expenses incurred with respect to providing for the 
        attendance of delegates at a presidential nominating 
        convention, but only to the extent that such expenses are not 
        paid for from the account described in paragraph (9)(A); or
            ``(C) expenses incurred with respect to carrying out local, 
        county, or district conventions or proceedings to elect 
        delegates to a State party convention.''.
    (d) Clarification of Indexing of Amounts To Ensure Equalization of 
Party Contribution Limits.--For purposes of applying section 315(c) of 
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions 
to political committees established and maintained by a State political 
party, the amendments made by this section shall be considered to have 
been included in section 307 of the Bipartisan Campaign Reform Act of 
2002 (Public Law 107-55; 116 Stat. 102).
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 305. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE 
              AND LOCAL POLITICAL PARTIES.

    (a) Expansion of Permissible Use of Funds Not Subject to 
Contribution Limits or Source Prohibitions by State and Local Political 
Parties for Federal Election Activity.--Section 323(b)(2) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is 
amended to read as follows:
            ``(2) Applicability.--Notwithstanding section 301(20), for 
        purposes of paragraph (1), an amount that is expended or 
        disbursed by a State, district, or local committee of a 
        political party shall be considered to be expended or disbursed 
        for Federal election activity only if the committee coordinated 
        the expenditure or disbursement of the amount with a candidate 
        for election for Federal office or an authorized committee of a 
        candidate for election for Federal office.''.
    (b) Conforming Amendments.--
            (1) Fundraising costs.--Section 323(c) of such Act (52 
        U.S.C. 30125(c)) is amended by adding at the end the following 
        new sentence: ``In the case of a person described in subsection 
        (b), the previous sentence applies only if the amount was spent 
        by such person in coordination with a candidate for election 
        for Federal office or an authorized committee of a candidate 
        for election for Federal office, as determined pursuant to 
        regulations promulgated by the Commission for the purpose of 
        determining whether a political party communication is 
        coordinated with a candidate, a candidate's authorized 
        committee, or an agent thereof.''.
            (2) Appearance of federal candidates or officeholders at 
        fundraising events.--Section 323(e)(3) of such Act (52 U.S.C. 
        30125(e)(3)) is amended by striking ``subsection (b)(2)(C)'' 
        and inserting ``subsection (b)''.

SEC. 306. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE 
              POLITICAL COMMITTEES.

    (a) Findings.--Congress finds the following:
            (1) While Federal law permits the Federal Election 
        Commission to engage in certain ``gap-filling'' activities as 
        it administers the Federal Election Campaign Act of 1971, the 
        regulations promulgated by the Federal Election Commission to 
        govern joint fundraising activities of multiple political 
        committees are not tied specifically to any particular 
        provision of the Act, and while these regulations generally 
        duplicate the provisions of the Act, they also impose 
        additional and unnecessary burdens on political committees 
        which seek to engage in joint fundraising activities, such as a 
        requirement for written agreements between the participating 
        committees.
            (2) It is therefore not necessary at this time to direct 
        the Federal Election Commission to repeal the existing 
        regulations which govern joint fundraising activities of 
        multiple political committees, as some political committees may 
        have reasons for following the provisions of such regulations 
        which impose additional and unnecessary burdens on these 
        activities.
    (b) Criteria for Participation in Joint Fundraising Activities.--
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) Criteria for Participation in Joint Fundraising Activities by 
Multiple Political Committees.--
            ``(1) Criteria described.--Two or more political committees 
        as defined in this Act may participate in joint fundraising 
        activities in accordance with the following criteria:
                    ``(A) The costs of the activities shall be 
                allocated among and paid for by the participating 
                committees on the basis of the allocation among the 
                participating committees of the contributions received 
                as a result of the activities.
                    ``(B) Notwithstanding subparagraph (A), a 
                participating committee may make a payment (in whole or 
                in part) for the portion of the costs of the activities 
                which is allocated to another participating committee, 
                and the amount of any such payment shall be treated as 
                a contribution made by the committee to the other 
                participating committee.
                    ``(C) The provisions of section 315(a)(8) regarding 
                the treatment of contributions to a candidate which are 
                earmarked or otherwise directed through an intermediary 
                or conduit shall apply to contributions made by a 
                person to a participating committee which are allocated 
                by the committee to another participating committee.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit two or more political committees from 
        participating in joint fundraising activities by designating or 
        establishing a separate, joint committee subject to the 
        registration and reporting requirements of this Act or by 
        publishing a joint fundraising notice.''.

               PART 2--PROTECTING FREEDOM OF ASSOCIATION

SEC. 307. FINDINGS.

    Congress finds the following:
            (1) The First Amendment of the United States Constitution 
        provides that ``[C]ongress shall make no law respecting an 
        establishment of religion, or prohibiting the free exercise 
        thereof; or abridging the freedom of speech, or of the press; 
        or the right of the people peaceably to assemble, and to 
        petition the Government for a redress of grievances.'' See U.S. 
        Const. Amend. I.
            (2) The Supreme Court has held that the First Amendment's 
        protections apply with equal force to States and localities as 
        it does to the Federal government. See Gitlow v. New York, 268 
        U.S. 652 (1925).
            (3) The Supreme Court has held that ``implicit in the right 
        to engage in activities protected by the First Amendment [lies] 
        a corresponding right to associate with others.''Roberts v. 
        United States Jaycees, 468 U.S. 609, 622 (1984). This is 
        commonly understood as the right of association. It furthers 
        ``a wide variety of political, social, economic, educational, 
        religious, and cultural ends,'' and ``is especially important 
        in preserving political and cultural diversity and in shielding 
        dissident expression from suppression by the majority.'' Id.
            (4) In NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 
        (1958), the Supreme Court held the First Amendment's freedom of 
        association protected the National Association for the 
        Advancement of Colored People from compelled disclosure of its 
        members. This was because ``on past occasions revelation of the 
        identity of its rank-and-file members has exposed these members 
        to economic reprisal, loss of employment, threat of physical 
        coercion, and other manifestations of public hostility. Under 
        these circumstances . . . it [is] apparent that compelled 
        disclosure of petitioner's Alabama membership is likely to 
        affect adversely the ability of petitioner and its members to 
        pursue their collective effort to foster beliefs which they 
        admittedly have the right to advocate, in that it may induce 
        members to withdraw from the Association and dissuade others 
        from joining it because of fear of exposure of their beliefs 
        shown through their associations and of the consequences of 
        this exposure.'' Id. at 462-463.
            (5) The First Amendment's freedom of association has been 
        protected and strengthened by the Supreme Court for over sixty 
        years. See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 
        (1958); Shelton v. Tucker, 364 U.S. 479 (1960); Bates v. Little 
        Rock, 361 U.S. 516 (1960); Healy v. James, 408 U.S. 169 (1972); 
        Elrod v. Burns, 427 U.S. 347 (1976); Roberts v. United States 
        Jaycees, 468 U.S. 609, 622 (1984); Boy Scouts of America v. 
        Dale, 530 U.S. 640 (2000); Americans for Prosperity Foundation 
        v. Bonta, 141 S. Ct. 2373 (2021).
            (6) Most recently, in Americans for Prosperity Foundation 
        v. Bonta, 141 S. Ct. 2373 (2021), a California law required 
        Americans for Prosperity Foundation and the Thomas Moore Law 
        Center to disclose the names, contribution amounts, and 
        addresses of their major donors. Id. at 2380. The Supreme Court 
        held this substantial intrusion into the group's donors was 
        unconstitutional. Id. at 2389. While Attorney General Bonta 
        argued these disclosures were needed so California could 
        prevent wrongdoing by charitable organizations, there was ``not 
        a single, concrete instance in which pre-investigation 
        collection of [this information] did anything to advance the 
        Attorney General's investigative, regulatory or enforcement 
        efforts.'' Id. at 2386. Similarly, California's need for this 
        information before initiating an investigation was highly 
        questionable as it was only one of three states to impose this 
        requirement and did not seriously enforce it until 2010. Id. at 
        2387.
            (7) In short, Americans for Prosperity Foundation and NAACP 
        both stand for the proposition that compelled disclosure of an 
        organization's members can violate an organization's freedom of 
        association. This is because effective advocacy of both public 
        and private points of view, particularly controversial ones, is 
        undeniably enhanced by group association and there is a vital 
        relationship between freedom to associate and privacy in one's 
        associations . . . See Id. at 2382 citing NAACP v. Alabama ex 
        rel. Patterson, 357 U.S. 449, 460-462.
            (8) Unfortunately, the First Amendment's freedom of 
        association protections are under constant attack. Recently, 
        there have been efforts to enlarge the size of the Supreme 
        Court because of disagreement with some of its rulings and 
        personal disagreement with some of the justices.
            (9) On April 9, 2021, the President issued Executive Order 
        14023 that created the Presidential Commission on the Supreme 
        Court (the Commission). Under section 3(iii) of that Executive 
        Order, the Commission was tasked with providing ``[a]n analysis 
        of the principal arguments in the contemporary public debate 
        for and against Supreme Court reform, including an appraisal of 
        the merits and legality of particular reform proposals.''.
            (10) In December 2021, the Commission released its final 
        report. On the issue of adding justices to the Supreme Court, 
        the Commission concluded ``[m]irroring the broader public 
        debate, there is profound disagreement among Commissioners on 
        this issue.''.
            (11) Unfortunately, even though the President's Commission 
        would not endorse adding the number of justices on the Supreme 
        Court, some in Congress still believe it is necessary. See, for 
        example, H.R. 3422, the Judiciary Act of 2023 that would add 
        four associate justices to the Supreme Court.
            (12) Because of this political uncertainty and the 
        importance that donors in all organizations, no matter their 
        party affiliation, are protected from having their membership 
        disclosed and threats of reprisal that would follow, it is 
        important that Congress statutorily codifies the Supreme 
        Court's holdings in NAACP v. Alabama ex rel. Patterson and 
        Americans for Prosperity Foundation v. Bonta.
            (13) Government targeting of tax-exempt organizations 
        because of disagreement with their political views is sadly not 
        a hypothetical problem. From 2010 through 2013, the Internal 
        Revenue Service (IRS) intentionally discriminated against 
        conservative organizations seeking tax-exempt status with words 
        like ``patriot'' or ``Tea Party'' in their names.
            (14) After years of litigation, in October 2017, the IRS 
        signed a consent decree in Federal court and admitted to 
        targeting conservative organizations from 2010 through 2013. 
        The IRS confessed that ``its treatment of [conservative 
        organizations] during the tax-exempt determinations process, 
        including screening their applications based on their names or 
        policy positions, subjecting those applications to heightened 
        scrutiny and inordinate delays, and demanding of some 
        Plaintiffs' information that TIGTA [U.S. Treasury Inspector 
        General, Tax Administration] determined was unnecessary to the 
        agency's determination of their tax-exempt status, was 
        wrong.''.
            (15) It is antithetical to the First Amendment that the IRS 
        or any Federal government agency would ever be used to target 
        an organization because of its political beliefs, or who its 
        donors might be. As such, these organizations need to be 
        protected to prevent events like what transpired at the IRS 
        between 2010 and 2013.

SEC. 308. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.

    (a) Short Title.--This section may be cited as the ``Speech Privacy 
Act of 2023''.
    (b) Restrictions on Collection of Donor Information.--
            (1) Restrictions.--An entity of the Federal government may 
        not collect or require the submission of information on the 
        identification of any donor to a tax-exempt organization.
            (2) Exceptions.--Paragraph (1) does not apply to the 
        following:
                    (A) The Internal Revenue Service, acting lawfully 
                pursuant to section 6033 of the Internal Revenue Code 
                of 1986 or any successor provision.
                    (B) The Secretary of the Senate and the Clerk of 
                the House of Representatives, acting lawfully pursuant 
                to section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1604).
                    (C) The Federal Election Commission, acting 
                lawfully pursuant to section 510 of title 36, United 
                States Code.
                    (D) An entity acting pursuant to a lawful order of 
                a court or administrative body which has the authority 
                under law to direct the entity to collect or require 
                the submission of the information, but only to the 
                extent permitted by the lawful order of such court or 
                administrative body.
    (c) Restrictions on Release of Donor Information.--
            (1) Restrictions.--An entity of the Federal government may 
        not disclose to the public information revealing the 
        identification of any donor to a tax-exempt organization.
            (2) Exceptions.--Paragraph (1) does not apply to the 
        following:
                    (A) The Internal Revenue Service, acting lawfully 
                pursuant to section 6104 of the Internal Revenue Code 
                of 1986 or any successor provision.
                    (B) The Secretary of the Senate and the Clerk of 
                the House of Representatives, acting lawfully pursuant 
                to section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1604).
                    (C) The Federal Election Commission, acting 
                lawfully pursuant to section 510 of title 36, United 
                States Code.
                    (D) An entity acting pursuant to a lawful order of 
                a court or administrative body which has the authority 
                under law to direct the entity to disclose the 
                information, but only to the extent permitted by the 
                lawful order of such court or administrative body.
                    (E) An entity which discloses the information as 
                authorized by the organization.
    (d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in 
section 501(c) of the Internal Revenue Code of 1986 and is exempt from 
taxation under section 501(a) of such Code. Nothing in this subsection 
may be construed to treat a political organization under section 527 of 
such Code as a tax-exempt organization for purposes of this section.
    (e) Penalties.--It shall be unlawful for any officer or employee of 
the United States, or any former officer or employee, willfully to 
disclose to any person, except as authorized in this section, any 
information revealing the identification of any donor to a tax-exempt 
organization. Any violation of this section shall be a felony 
punishable upon conviction by a fine in any amount not exceeding 
$250,000, or imprisonment of not more than 5 years, or both, together 
with the costs of prosecution, and if such offense is committed by any 
officer or employee of the United States, he shall, in addition to any 
other punishment, be dismissed from office or discharged from 
employment upon conviction for such offense.

SEC. 309. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.

    (a) Short Title.--This section may be cited as the ``Don't 
Weaponize the IRS Act''.
    (b) Organizations Exempt From Reporting.--
            (1) Gross receipts threshold.--Clause (ii) of section 
        6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended 
        by striking ``$5,000'' and inserting ``$50,000''.
            (2) Organizations described.--Subparagraph (C) of section 
        6033(a)(3) of the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``and'' at the end of clause (v),
                    (B) by striking the period at the end of clause 
                (vi) and inserting a semicolon, and
                    (C) by adding at the end the following new clauses:
                            ``(vii) any other organization described in 
                        section 501(c) (other than a private foundation 
                        or a supporting organization described in 
                        section 509(a)(3)); and
                            ``(viii) any organization (other than a 
                        private foundation or a supporting organization 
                        described in section 509(a)(3)) which is not 
                        described in section 170(c)(2)(A), or which is 
                        created or organized in a possession of the 
                        United States, which has no significant 
                        activity (including lobbying and political 
                        activity and the operation of a trade or 
                        business) other than investment activity in the 
                        United States.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.
    (c) Clarification of Application to Section 527 Organizations.--
            (1) In general.--Paragraph (1) of section 6033(g) of the 
        Internal Revenue Code of 1986 is amended--
                    (A) by striking ``This section'' and inserting 
                ``Except as otherwise provided by this subsection, this 
                section'', and
                    (B) by striking ``for the taxable year.'' and 
                inserting ``for the taxable year in the same manner as 
                to an organization exempt from taxation under section 
                501(a).''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.
    (d) Reporting of Names and Addresses of Contributors.--
            (1) In general.--Paragraph (1) of section 6033(a) of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following: ``Except as provided in subsections (b)(5) and 
        (g)(2)(B), such annual return shall not be required to include 
        the names and addresses of contributors to the organization.''.
            (2) Application to section 527 organizations.--Paragraph 
        (2) of section 6033(g) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A),
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C), and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) containing the names and addresses of all 
                substantial contributors, and''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.

SEC. 310. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF 
              SECTION 501(C)(4) ORGANIZATIONS.

    (a) In General.--The Department of the Treasury, including the 
Internal Revenue Service, may not issue, revise, or finalize any 
regulation, revenue ruling, or other guidance not limited to a 
particular taxpayer relating to the standard which is used to determine 
whether an organization is operated exclusively for the promotion of 
social welfare for purposes of section 501(c)(4) of the Internal 
Revenue Code of 1986 (including the proposed regulations published at 
78 Fed. Reg. 71535 (November 29, 2013)).
    (b) Application of Current Standards and Definitions.--The standard 
and definitions as in effect on January 1, 2010, which are used to make 
determinations described in subsection (b) shall apply after the date 
of the enactment of this Act for purposes of determining status under 
section 501(c)(4) of such Code of organizations created on, before, or 
after such date.

   Subtitle B--Prohibition on Use of Federal Funds for Congressional 
                               Campaigns

SEC. 311. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF 
              CONGRESSIONAL CAMPAIGNS.

    No Federal funds, including amounts attributable to the collection 
of fines and penalties, may be used to make any payment in support of a 
campaign for election for the office of Senator or Representative in, 
or Delegate or Resident Commissioner to, the Congress.

          Subtitle C--Registration and Reporting Requirements

SEC. 321. ELECTRONIC FILING OF ELECTIONEERING COMMUNICATION REPORTS.

    Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes 
electioneering communications'' after ``expenditures''.

SEC. 322. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR 
              POLITICAL COMMITTEES.

    (a) In General.--Section 301(4) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
            ``(4) The term `political committee' means--
                    ``(A) any committee, club, association, or other 
                group of persons, including any local committee of a 
                political party, which receives contributions 
                aggregating in excess of $25,000 during a calendar year 
                or which makes expenditures aggregating in excess of 
                $25,000 during a calendar year and which is under the 
                control of a candidate or has the major purpose of 
                nominating or electing a candidate; or
                    ``(B) any separate segregated fund established 
                under the provisions of section 316(b).''.
    (b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is 
amended by adding at the end the following new paragraph:
            ``(27) Major purpose of nominating or electing a 
        candidate.--The term `major purpose of nominating or electing a 
        candidate' means, with respect to a group of persons described 
        in paragraph (4)(A)--
                    ``(A) a group whose central organizational purpose 
                is to expressly advocate for the nomination, election, 
                or defeat of a candidate; or
                    ``(B) a group for which the majority of its 
                spending throughout its lifetime of existence has been 
                on contributions, expenditures, or independent 
                expenditures.''.
    (c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section 
304(b), is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(E) In any calendar year after 2024--
            ``(i) a threshold established by sections 301(4)(A) or 
        301(4)(C) shall be increased by the percent difference 
        determined under subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iv) for purposes of sections 301(4)(A) and 
                301(4)(C), calendar year 2024.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 323. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE 
              REPORTING REQUIREMENT.

    (a) In General.--Section 304(c)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and 
inserting ``$1,000''.
    (b) Price Index Adjustment for Independent Expenditure Reporting 
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(c), is 
amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(F) In any calendar year after 2024--
            ``(i) a threshold established by section 304(c)(1) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(v) for purposes of section 304(c)(1), calendar 
                year 2024.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 324. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.

    (a) Increase in Threshold.--Section 301(2) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking 
``$5,000'' each place it appears and inserting ``$10,000''.
    (b) Price Index Adjustment for Exemption of Certain Amounts as 
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as 
amended by sections 304(b), 322(c), and 323(b), is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(G) In any calendar year after 2024--
            ``(i) a threshold established by sections 301(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain for the 2-year 
        period that begins on the first day following the date of the 
        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
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(vi) for purposes of sections 301(2), calendar 
                year 2024.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 325. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES 
              TO REPORT IDENTIFICATION OF CERTAIN DONORS.

    (a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C. 
30104(c)(1)) is amended by striking ``the information required under 
subsection (b)(3)(A) for all contributions received by such person'' 
and inserting ``the information required under paragraph (2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to independent expenditures made on or after the 
date of the enactment of this Act.

      Subtitle D--Exclusion of Certain Amounts From Treatment as 
                     Contributions or Expenditures

SEC. 331. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS 
              CONTRIBUTIONS.

    (a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii)) 
is amended--
            (1) by striking ``$1,000'' and inserting ``$2,000''; and
            (2) by striking ``$2,000'' and inserting ``$4,000''.
    (b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is 
amended--
            (1) by striking ``$1,000'' and inserting ``$2,000''; and
            (2) by striking ``$2,000'' and inserting ``$4,000''.
    (c) Price Index Adjustment for Exemption of Certain Amounts as 
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as 
amended by sections 304(b), 322(c), 323(b), and 324(b) is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(H) In any calendar year after 2024--
            ``(i) the exemption amounts established by section 
        301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the 
        percent difference determined under subparagraph (A);
            ``(ii) each amount so increased shall remain for the 2-year 
        period that begins on the first day following the date of the 
        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
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (v), by striking ``and'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(vii) for purposes of sections 301(8)(B)(ii) or 
                301(8)(B)(iv), calendar year 2024.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 332. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM 
              TREATMENT AS CONTRIBUTION OR EXPENDITURE.

    (a) Exemptions.--
            (1) Exemption from treatment as contribution.--Section 
        301(8)(B) of the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30101(8)(B)) is amended--
                    (A) by striking ``and'' at the end of clause 
                (xiii);
                    (B) by striking the period at the end of clause 
                (xiv) and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(xv) any payment by any person in producing and 
        disseminating any information or communication on the internet, 
        internet platform or other internet-enabled application, unless 
        the information or communication is disseminated for a fee on 
        another person's website, platform or other internet-enabled 
        application, whether coordinated or not.''.
            (2) Exemption from treatment as expenditure.--Section 
        301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
                    (A) by striking ``and'' at the end of clause (ix);
                    (B) by striking the period at the end of clause (x) 
                and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(xi) any cost incurred by any person in producing and 
        disseminating any information or communication on the internet, 
        internet platform or other internet-enabled application, unless 
        the information or communication is disseminated for a fee on 
        another person's website, platform or other internet-enabled 
        application.''.
    (b) Application to Definition of Public Communications.--Section 
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the 
end the following: ``In the previous sentence, the terms `public 
communication' and `general public political advertising' do not 
include communications disseminated over the internet or via an 
internet platform or other internet-enabled application, unless the 
communication or advertising is disseminated for a fee on another 
person's website, platform or other internet-enabled application.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 333. MEDIA EXEMPTION.

    (a) Expansion of Exemption to Additional Forms of Media.--Section 
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(9)(B)(i)) is amended to read as follows:
                    ``(i) any news story, commentary, or editorial 
                distributed through the facilities of any broadcasting, 
                cable, satellite, or internet-based station, 
                programmer, operator or producer; newspaper, magazine, 
                or other periodical publisher; electronic publisher, 
                platform, or application; book publisher; or filmmaker 
                or film producer, distributor or exhibitor, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate;''.
    (b) Application to Contributions.--Section 301(8)(B) of such Act 
(52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended--
            (1) by redesignating clauses (i) through (xv) as clauses 
        (ii) through (xvi); and
            (2) by inserting before clause (ii) (as so redesignated) 
        the following new clause:
                    ``(i) any payment for any news story, commentary, 
                or editorial distributed through the facilities of any 
                broadcasting, cable, satellite, or internet-based 
                station, programmer, operator or producer; newspaper, 
                magazine, or other periodical publisher; electronic 
                publisher, platform, or application; book publisher; or 
                filmmaker or film producer, distributor or 
                exhibitor.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

    Subtitle E--Prohibition on Issuance of Regulations on Political 
                             Contributions

SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL 
              CONTRIBUTIONS.

    (a) Findings.--Congress finds the following:
            (1) From 2010 through 2013, the Internal Revenue Service 
        targeted conservative organizations seeking tax-exempt status. 
        The result of this targeting was obvious--to discourage 
        conservative organizations and individuals associated with them 
        from engaging in the 2012 presidential election after an 
        incredibly successful 2010 midterm election.
            (2) In response to this treatment, a large number of 
        conservative organizations sued the Internal Revenue Service. 
        In 2017, a settlement was reached and the Internal Revenue 
        Service was required to issue an apology for its actions.
            (3) Congress quickly recognized that the Internal Revenue 
        Service was not the only government agency that could question 
        or threaten the tax-exempt status of disfavored political 
        groups. The Securities and Exchange Commission, an independent 
        government agency, also enjoys some regulatory power in this 
        area.
            (4) Beginning in 2015, Congress has included in every 
        appropriations bill that has funded the Securities and Exchange 
        Commission, an appropriations rider prohibiting the agency from 
        using any of the funds made available to ``finalize, issue, or 
        implement any rule, regulation, or order regarding the 
        disclosure of political contributions, contributions to tax 
        exempt organizations, or dues paid to trade associations.'' See 
        Consolidated Appropriations Act, 2016, H.R. 2029, 114th Cong. 
        Sec.  1 (2015); Consolidated Appropriations Act, 2017, H.R. 
        244, 115th Cong. Sec.  1 (2017); Consolidated Appropriations 
        Act, 2018, H.R. 1625, 115th Cong. Sec.  2 (2018); Consolidated 
        Appropriations Act, 2019, H.J. Res. 31, 116th Cong. Sec.  1 
        (2019); Consolidated Appropriations Act, 2020, H.R. 1158, 116th 
        Cong. Sec.  1 (2019); Consolidated Appropriations Act, 2021, 
        H.R. 133, 116th Cong. Sec.  2 (2020); Consolidated 
        Appropriations Act 2022, H.R. 2471, 117th Cong. Sec.  2 (2022); 
        Consolidated Appropriations Act 2023, H.R. 2617, 117th Cong. 
        Sec.  2 (2022).
            (5) This prohibition is too important to be subject to 
        yearly renewal. Instead, it must be enacted into permanent law 
        so political organizations of both political parties can rest 
        assured the Securities and Exchange Commission will not target 
        them.
    (b) Prohibition.--The Securities and Exchange Commission may not 
finalize, issue, or implement any rule, regulation, or order regarding 
the disclosure of political contributions, contributions to tax exempt 
organizations, or dues paid to trade associations.

                  Subtitle F--Miscellaneous Provisions

SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE 
              REQUIREMENT VIOLATIONS.

    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''.

SEC. 352. PERMITTING POLITICAL COMMITTEES TO MAKE DISBURSEMENTS BY 
              METHODS OTHER THAN CHECK.

    Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on 
such accounts in accordance with this section'' and inserting ``except 
from such accounts''.

SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN 
              COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.

    (a) In General.--Section 302 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30102), as amended by section 306(b), is amended by 
adding at the end the following new subsection:
    ``(k)(1) Each candidate may, with respect to each authorized 
committee of the candidate, designate an individual who shall be 
responsible for disbursing funds in the accounts of the committee in 
the event of the death of the candidate, and may also designate another 
individual to carry out the responsibilities of the designated 
individual under this subsection in the event of the death or 
incapacity of the designated individual or the unwillingness of the 
designated individual to carry out the responsibilities.
    ``(2) In order to designate an individual under this subsection, 
the candidate shall file with the Commission a signed written statement 
(in a standardized form developed by the Commission, and including any 
applicable supporting documentation, including a will or trust 
document) that contains the name and address of the individual and the 
name of the authorized committee for which the designation shall apply, 
and that may contain the candidate's instructions regarding the lawful 
disbursement of the funds involved by the individual. At any time after 
filing the statement, the candidate may revoke the designation of an 
individual by filing with the Commission a signed written statement of 
revocation (in a standardized form developed by the Commission).
    ``(3)(A) Upon the death of a candidate who has designated an 
individual for purposes of paragraph (1), funds in the accounts of each 
authorized committee of the candidate may be disbursed only under the 
direction and in accordance with the instructions of such individual, 
subject to the terms and conditions applicable to the disbursement of 
such funds under this Act or any other applicable Federal or State law 
(other than any provision of State law which authorizes any person 
other than such individual to direct the disbursement of such funds).
    ``(B) Subparagraph (A) does not apply with respect to an authorized 
committee if, at the time of the candidate's death, the authorized 
committee has a treasurer or a designated agent of the treasurer as 
described in section 302(a), unless the treasurer or designated agent 
is incapacitated or cannot be reached by the authorized committee.
    ``(C) Nothing in this paragraph may be construed to grant any 
authority to an individual who is designated pursuant to this 
subsection other than the authority to direct the disbursement of funds 
as provided in such paragraph, or may be construed to affect the 
responsibility of the treasurer of an authorized committee for which 
funds are disbursed in accordance with such paragraph to file reports 
of the disbursements of such funds under section 304(a).''.
    (b) Inclusion of Designation in Statement of Organization of 
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in the case of an authorized committee of a candidate 
        who has designated an individual under section 302(k) 
        (including a second individual designated to carry out the 
        responsibilities of that individual under such section in the 
        event of that individual's death or incapacity or unwillingness 
        to carry out the responsibilities) to disburse funds from the 
        accounts of the committee in the event of the death of the 
        candidate, a copy of the statement filed by the candidate with 
        the Commission under such section (as well as a copy of any 
        subsequent statement of revocation filed by the candidate with 
        the Commission under such section).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to authorized campaign committees which are 
designated under section 302(e)(1) of the Federal Election Campaign Act 
of 1971 before, on, or after the date of the enactment of this Act.

SEC. 354. PROHIBITING AIDING OR ABETTING MAKING OF CONTRIBUTIONS IN 
              NAME OF ANOTHER.

    Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30122) is amended by adding at the end the following new sentence: ``No 
person shall knowingly direct, help, or assist any person in making a 
contribution in the name of another person.''.

SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR 
              COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST 
              COMMISSION.

    (a) Unanimous Consent.--Section 307 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end 
the following new subsection:
    ``(f)(1) Except as provided in paragraph (2), the Commission shall 
defend each action brought against the Commission under this Act or 
chapter 95 and 96 of the Internal Revenue Code of 1986--
            ``(A) through the general counsel, as provided in 
        subsection (a)(6);
            ``(B) by appointing counsel as provided in section 
        306(f)(4); or
            ``(C) by referral to the Attorney General in the case of a 
        criminal action.
    ``(2) The Commission may refuse to defend an action brought against 
the Commission pursuant to the unanimous vote of its Members.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to actions brought on or after the date of the 
enactment of this Act.

SEC. 356. FEDERAL ELECTION COMMISSION MEMBER PAY.

    Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(a)(4)) is amended--
            (1) by striking ``(4) Members'' and inserting ``(4)(A) 
        Except as provided in subparagraph (B), members'';
            (2) by striking ``equivalent to the compensation paid at 
        level IV of the Executive Schedule (5 U.S.C. 5315)'' and 
        inserting ``at an annual rate of basic pay of $186,300, as 
        adjusted under section 5318 of title 5, United States Code, in 
        the same manner as the annual rate of pay for positions at each 
        level of the Executive Schedule, which may not be varied or 
        suspended by executive action''; and
            (3) by adding at the end the following:
    ``(B) A member who serves on the Commission after the expiration of 
the member's term because the member's successor has not taken office 
may not receive any increase in compensation under this subsection for 
any pay period occurring after the expiration of the 4-year period 
which begins on the date of the expiration of the member's term. A 
member shall no longer be subject to the previous sentence if the 
member is appointed to a new term and takes office pursuant to that 
appointment.
    ``(C) A member shall be permitted to hold a position at an 
institution of higher education (as such term is defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001)) if--
            ``(i) the General Counsel of the Commission determines that 
        such position does not create a conflict of interest with the 
        member's position as a sitting member of the Commission and 
        grants the member approval to hold the position; and
            ``(ii) the annual rate of compensation received by the 
        individual from such institution is not greater than the amount 
        equal to 49.9% of the annual rate of basic pay paid to the 
        member under this paragraph.''.

SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE 
              FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) 5-Year Limitation.--Section 406(a) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) No person shall be subject to a civil penalty for any 
violation of title III of this Act unless the proceeding is initiated 
in accordance with section 309 not later than 5 years after the date on 
which the violation occurred.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to violations occurring on or after the date of the 
enactment of this Act.

SEC. 358. THEFT FROM POLITICAL COMMITTEE AS A FEDERAL CRIME.

    (a) Federal Crime.--Chapter 29 of title 18, United States Code, as 
amended by section 161(b), is amended by adding at the end the 
following new section:
``Sec. 613. Theft from political committee
    ``(a) In General.--It shall be unlawful to remove, without 
appropriate authorization, any funds or any other item of value from an 
account maintained for the benefit of a candidate for Federal office or 
the candidate's political committee (as such term is defined in section 
301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)).
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $250,000, imprisoned for not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections for chapter 28 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``613. Theft from political committee.''.

SEC. 359. REPEAL OF OBSOLETE PROVISIONS OF LAW.

    (a) Provisions Held Unconstitutional.--
            (1) Membership of secretary of senate and clerk of house on 
        federal election commission.--Section 306(a)(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is 
        amended by striking ``the Secretary of the Senate and the Clerk 
        of the House of Representatives or their designees, ex officio 
        and without the right to vote, and''.
            (2) Choice of independent or coordinated expenditures by 
        political parties.--Section 315(d) of such Act (52 U.S.C. 
        30116(d)) is amended--
                    (A) by striking paragraph (4) and redesignating 
                paragraph (5) as paragraph (4);
                    (B) in paragraph (4), as so redesignated, by 
                striking ``paragraphs (2), (3), and (4)'' and inserting 
                ``paragraphs (2) and (3)''; and
                    (C) in paragraph (1), by striking ``paragraphs (2), 
                (3), and (4)'' and inserting ``paragraphs (2) and 
                (3)''.
            (3) Prohibiting contributions by minors.--The Federal 
        Election Campaign Act of 1971 is amended by striking section 
        324 (52 U.S.C. 30126).
            (4) Increase in contribution limits for candidates in 
        response to personal fund expenditures by opponents.--
                    (A) House candidates.--The Federal Election 
                Campaign Act of 1971 is amended by striking section 
                315A (52 U.S.C. 30117).
                    (B) Senate candidates.--Section 315 of such Act (52 
                U.S.C. 30116) is amended--
                            (i) by striking subsection (i); and
                            (ii) by redesignating subsection (j) as 
                        subsection (i).
                    (C) Conforming amendment relating to 
                notification.--Section 304(a)(6) of such Act (52 U.S.C. 
                30104(a)(6)) is amended--
                            (i) by striking subparagraphs (B), (C), and 
                        (D); and
                            (ii) by redesignating subparagraph (E) as 
                        subparagraph (D).
                    (D) Conforming amendment relating to definitions.--
                Section 301(25) of such Act (52 U.S.C. 30101(25)) is 
                amended by striking ``For purposes of sections 315(i) 
                and 315A and paragraph (26), the term'' and inserting 
                ``The term''.
                    (E) Other conforming amendment.--Section 315(a)(1) 
                of such Act (52 U.S.C. 30116(a)(1)) is amended by 
                striking ``Except as provided in subsection (i) and 
                section 315A, no person'' and inserting ``No person''.
            (5) Electioneering communications and independent 
        expenditures by corporations and labor organizations.--Section 
        316 of such Act (52 U.S.C. 30117) is amended--
                    (A) in subsection (b)(1), by striking ``or for any 
                applicable electioneering communication''; and
                    (B) by striking subsection (c).
            (6) Limitation on repayment of personal loans.--Section 315 
        of such Act (52 U.S.C. 30116) is amended by striking subsection 
        (i), as redesignated by paragraph (4)(B)(ii).
    (b) Provisions Relating to Use of Presidential Election Campaign 
Fund for Party Nominating Conventions.--Section 9008 of the Internal 
Revenue Code of 1986 is amended--
            (1) in subsection (b), by striking paragraph (3); and
            (2) by striking subsections (c), (d), (e), (f), (g), and 
        (h).
    (c) Technical Correction.--Sections 307 and 309 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each 
amended by striking ``subpena'' each place it appears and inserting 
``subpoena''.

SEC. 360. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Federal Election Commission shall publish in the Federal 
Register proposed regulations to carry out this title and the 
amendments made by this title.

                      TITLE IV--ELECTION SECURITY

                Subtitle A--Promoting Election Security

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Election Security Assistance 
Act''.

SEC. 402. REPORTS TO CONGRESS ON FOREIGN THREATS TO ELECTIONS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, and 30 days after the end of each fiscal year thereafter, 
the Secretary of Homeland Security and the Director of National 
Intelligence, in coordination with the heads of the appropriate Federal 
entities, shall submit a joint report to the appropriate congressional 
committees and the chief State election official of each State on 
foreign threats to elections in the United States, including physical 
and cybersecurity threats.
    (b) Voluntary Participation by States.--The Secretary shall solicit 
and consider voluntary comments from all State election agencies. 
Participation by an election agency in the report under this section 
shall be voluntary and at the discretion of the State.
    (c) Appropriate Federal Entities.--In this section, the term 
``appropriate Federal entities'' means--
            (1) the Department of Commerce, including the National 
        Institute of Standards and Technology;
            (2) the Department of Defense;
            (3) the Department of Homeland Security, including the 
        component of the Department that reports to the Under Secretary 
        responsible for overseeing critical infrastructure protection, 
        cybersecurity, and other related programs of the Department;
            (4) the Department of Justice, including the Federal Bureau 
        of Investigation;
            (5) the Election Assistance Commission; and
            (6) the Office of the Director of National Intelligence, 
        the National Security Agency, and such other elements of the 
        intelligence community (as defined in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 3003)) as the Director of 
        National Intelligence determines are appropriate.
    (d) Other Definitions.--In this section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Rules and Administration, the 
                Committee on Homeland Security and Governmental 
                Affairs, the Select Committee on Intelligence, and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on House Administration, the 
                Committee on Homeland Security, the Permanent Select 
                Committee on Intelligence, and the Committee on Foreign 
                Affairs of the House of Representatives;
            (2) 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) the term ``election agency'' means any component of a 
        State or any component of a unit of local government of a State 
        that is responsible for administering Federal elections;
            (4) the term ``Secretary'' means the Secretary of Homeland 
        Security; and
            (5) 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. 403. RULE OF CONSTRUCTION.

    Nothing in this title may be construed as authorizing the Secretary 
of Homeland Security to carry out the administration of an election for 
Federal office.

             Subtitle B--Cybersecurity for Election Systems

SEC. 411. CYBERSECURITY ADVISORIES RELATING TO ELECTION SYSTEMS.

    (a) Cybersecurity Advisories.--
            (1) In general.--The Director of the Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security (in this subtitle referred to as the ``Director'') 
        shall collaborate with the Election Assistance Commission (in 
        this subtitle referred to as the ``Commission'') to determine 
        if an advisory relating to the cybersecurity of election 
        systems used in the administration of elections for Federal 
        office or the cybersecurity of elections for Federal office 
        generally is necessary. If such a determination is made in the 
        affirmative, the Director shall collaborate with the Commission 
        in the preparation of such an advisory.
            (2) Prohibition.--The Director may not issue an advisory 
        described in paragraph (1) unless the Commission has provided 
        input relating thereto.
    (b) Notification.--If the Director issues an advisory described in 
subsection (a), the Director, in collaboration with the Commission, 
shall provide to appropriate State election officials and vendors of 
covered voting systems notification relating thereto.

SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSECURITY VULNERABILITIES 
              IN ELECTION EQUIPMENT.

    (a) Process for Covered Voting Systems.--
            (1) In general.--The Director and the Commission (in 
        consultation with the Technical Guidelines Development 
        Committee and the Standards Board of the Commission), shall 
        jointly establish a voluntary process to test for and monitor 
        covered voting systems for cybersecurity vulnerabilities. Such 
        process shall include the following:
                    (A) Mitigation strategies and other remedies.
                    (B) Notice to the Commission and appropriate 
                entities of the results of testing conducted pursuant 
                to such process.
            (2) Implementation.--The Director shall implement the 
        process established under paragraph (1) at the request of the 
        Commission.
    (b) Labeling for Voting Systems.--The Commission (in consultation 
with the Technical Guidelines Development Committee and the Standards 
Board of the Commission), shall establish a process to provide for the 
deployment of appropriate labeling available through the website of the 
Commission to indicate that covered voting systems passed the most 
recent cybersecurity testing pursuant to the process established under 
subsection (a).
    (c) Rules of Construction.--The process established under 
subsection (a), including the results of any testing carried out 
pursuant to this section, shall not affect--
            (1) the certification status of equipment used in the 
        administration of an election for Federal office under the Help 
        America Vote Act of 2002; or
            (2) the authority of the Commission to so certify such 
        equipment under such Act.
    (d) Exclusive Authority of Election Assistance Commission With 
Respect to Guidelines and Certification of Covered Voting Systems.--No 
entity of the Federal Government other than the Election Assistance 
Commission may issue guidelines with respect to the minimum standards 
for the testing, certification, decertification, and recertification of 
covered voting systems.
    (e) Definition.--In this section, the term ``covered voting 
systems'' means equipment used in the administration of an election for 
Federal office that is certified in accordance with versions of 
Voluntary Voting System Guidelines under the Help America Vote Act of 
2002, and includes any related nonvoting election technology, as 
defined in section 298C of the Help America Vote Act of 2002, as added 
by section 129(b).

SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND 
              LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.

    (a) Duty To Share Information With Department of Homeland 
Security.--If a Federal entity receives information about an election 
cybersecurity incident, the Federal entity shall promptly share that 
information with the Department of Homeland Security, unless the head 
of the entity (or a Senate-confirmed official designated by the head) 
makes a specific determination in writing that there is good cause to 
withhold the particular information.
    (b) Response To Receipt of Information by Secretary of Homeland 
Security.--
            (1) In general.--Upon receiving information about an 
        election cybersecurity incident under subsection (a), the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General, the Director of the Federal Bureau of 
        Investigation, and the Director of National Intelligence, shall 
        promptly (but in no case later than 96 hours after receiving 
        the information) review the information and make a 
        determination whether each of the following apply:
                    (A) There is credible evidence that the incident 
                occurred.
                    (B) There is a basis to believe that the incident 
                resulted, could have resulted, or could result in voter 
                information systems or voter tabulation systems being 
                altered or otherwise affected.
            (2) Duty to notify state and local officials.--
                    (A) Duty described.--If the Secretary makes a 
                determination under paragraph (1) that subparagraphs 
                (A) and (B) of such paragraph apply with respect to an 
                election cybersecurity incident, not later than 96 
                hours after making the determination, the Secretary 
                shall provide a notification of the incident to each of 
                the following:
                            (i) The chief executive of the State 
                        involved.
                            (ii) The State election official of the 
                        State involved.
                            (iii) The local election official of the 
                        election agency involved.
                    (B) Treatment of classified information.--
                            (i) Efforts to avoid inclusion of 
                        classified information.--In preparing a 
                        notification provided under this paragraph to 
                        an individual described in clause (i), (ii), or 
                        (iii) of subparagraph (A), the Secretary shall 
                        attempt to avoid the inclusion of classified 
                        information.
                            (ii) Providing guidance to state and local 
                        officials.--To the extent that a notification 
                        provided under this paragraph to an individual 
                        described in clause (i), (ii), or (iii) of 
                        subparagraph (A) includes classified 
                        information, the Secretary (in consultation 
                        with the Attorney General and the Director of 
                        National Intelligence) shall indicate in the 
                        notification which information is classified.
            (3) Exception.--
                    (A) In general.--If the Secretary, in consultation 
                with the Attorney General and the Director of National 
                Intelligence, makes a determination that it is not 
                possible to provide a notification under paragraph (1) 
                with respect to an election cybersecurity incident 
                without compromising intelligence methods or sources or 
                interfering with an ongoing investigation, the 
                Secretary shall not provide the notification under such 
                paragraph.
                    (B) Ongoing review.--Not later than 30 days after 
                making a determination under subparagraph (A) and every 
                30 days thereafter, the Secretary shall review the 
                determination. If, after reviewing the determination, 
                the Secretary makes a revised determination that it is 
                possible to provide a notification under paragraph (2) 
                without compromising intelligence methods or sources or 
                interfering with an ongoing investigation, the 
                Secretary shall provide the notification under 
                paragraph (2) not later than 96 hours after making such 
                revised determination.
            (4) Coordination with election assistance commission.--The 
        Secretary shall make determinations and provide notifications 
        under this subsection in the same manner, and subject to the 
        same terms and conditions relating to the role of the Election 
        Assistance Commission, in which the Director of the 
        Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security makes determinations as to the 
        necessity of an advisory and the issuance of an advisory under 
        section 411(a) and the provision of notification under section 
        411(b).
    (c) Definitions.--In this section, the following definitions apply:
            (1) 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.
            (2) Election cybersecurity incident.--The term ``election 
        cybersecurity incident'' means an occurrence that actually or 
        imminently jeopardizes, without lawful authority, the 
        integrity, confidentiality, or availability of information on 
        an information system of election infrastructure (including a 
        vote tabulation system), or actually or imminently jeopardizes, 
        without lawful authority, such an information system of 
        election infrastructure.
            (3) Federal election.--The term ``Federal election'' means 
        any election (as defined in section 301(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal 
        office (as defined in section 301(3) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101(3))).
            (4) Federal entity.--The term ``Federal entity'' means any 
        agency (as defined in section 551 of title 5, United States 
        Code).
            (5) Local election official.--The term ``local election 
        official'' means the chief election official of a component of 
        a unit of local government of a State that is responsible for 
        administering Federal elections.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) 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), as amended by section 138.
            (8) State election official.--The term ``State election 
        official'' means--
                    (A) the chief State election official of a State 
                designated under section 10 of the National Voter 
                Registration Act of 1993 (52 U.S.C. 20509); or
                    (B) in the case of Puerto Rico, Guam, American 
                Samoa, the Northern Mariana Islands, and the United 
                States Virgin Islands, a chief State election official 
                designated by the State for purposes of this Act.
    (d) Effective Date.--This section shall apply with respect to 
information about an election cybersecurity incident which is received 
on or after the date of the enactment of this Act.

                  TITLE V--CONGRESSIONAL REDISTRICTING

SEC. 501. SENSE OF CONGRESS ON AUTHORITY TO ESTABLISH MAPS OF 
              CONGRESSIONAL DISTRICTS.

    It is the sense of Congress that, while Congress is authorized 
under the Constitution of the United States to ensure that 
congressional redistricting is carried out in a manner consistent with 
the Constitution, only a State has the authority to establish maps of 
the congressional districts of the State and to determine the 
procedures and criteria used to establish such maps.

SEC. 502. AUTHORITY FOR SPEAKER OF THE HOUSE TO JOIN CERTAIN CIVIL 
              ACTIONS RELATING TO APPORTIONMENT.

    The Speaker of the House of Representatives or the Speaker's 
designee or designees may commence or join in a civil action, for and 
on behalf of the House of Representatives, under any applicable law, to 
prevent the use of any statistical method, in connection with the 
decennial census, to determine the population for purposes of the 
apportionment or redistricting of Members in Congress. It shall be the 
duty of the Office of the General Counsel of the House of 
Representatives to represent the House in such civil action, according 
to the directions of the Speaker. The Office of the General Counsel of 
the House of Representatives may employ the services of outside counsel 
and other experts for this purpose.

SEC. 503. CENSUS MONITORING BOARD.

    (a) Short Title.--This section may be cited as the ``Citizen Census 
Monitoring Board Permanent Authorization Act of 2023''.
    (b) Findings.--Congress finds the following:
            (1) The 2020 decennial census of population was conducted 
        amongst unique and difficult circumstances which have caused 
        many of its results to be questioned as regards their accuracy 
        and legality.
            (2) Privacy limitations prevent the decennial census from 
        being a transparent process, therefore limiting the ability of 
        the public and even Congress or the courts from effectively 
        monitoring the entire census process.
            (3) Only an independent bipartisan Board with the same 
        access to data and documentation as the Bureau of the Census 
        itself can effectively monitor the decennial census process.
            (4) Therefore, in order to achieve these goals, the 
        Congress finds that a bipartisan Census Monitoring Board should 
        be established.
    (c) Establishment.--There shall be established a board to be known 
as the Census Monitoring Board (in this section referred to as the 
``Board'').
    (d) Duties.--The function of the Board shall be to review all 
aspects of the preparation and implementation, data and results, and 
all post-enumeration activities and procedures, of the 2020 decennial 
census of population under section 141 of title 13, United States Code 
(including all dress rehearsals and other simulations of a census in 
preparation therefor), and observe and monitor all aspects of the 
preparation and implementation of the 2030 decennial census and each 
decennial census thereafter (including all dress rehearsals and other 
simulations of a census in preparation therefor).
    (e) Members.--
            (1) In general.--The Board shall be composed of 6 members, 
        appointed as follows:
                    (A) One individual appointed by the majority leader 
                of the Senate.
                    (B) Two individuals appointed by the Speaker of the 
                House of Representatives.
                    (C) One individual appointed by the minority leader 
                of the Senate.
                    (D) Two individuals appointed by the minority 
                leader of the House of Representatives.
            (2) Appointment.--Each member of the Board shall be 
        appointed within 60 days after the date of the enactment of 
        this Act. A vacancy in the Board shall be filled in the manner 
        in which the original appointment was made. Members of the 
        Board's terms shall expire when the Houses of Congress are 
        reorganized, except that a member shall continue to serve as a 
        member until their replacement is appointed.
            (3) Compensation.--Members shall not be entitled to any pay 
        by reason of their service on the Board, but shall receive 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (4) Bipartisan.--The Board shall be bipartisan and each 
        party's appointees shall caucus separately and elect a co-chair 
        from each caucus.
            (5) Meetings.--The Board shall meet at the call of either 
        co-chair.
            (6) Quorum.--A quorum shall consist of four members of the 
        Board.
            (7) Regulations.--The Board may promulgate any regulations 
        necessary to carry out its duties.
    (f) Executive Directors.--
            (1) In general.--Each caucus of the Board shall have an 
        executive director who shall be appointed by the members of the 
        two most numerous caucuses, each of whom shall be paid at a 
        rate not to exceed level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
            (2) Staff and services.--
                    (A) In general.--Subject to such rules as the Board 
                may prescribe, each executive director--
                            (i) may appoint and fix the pay of such 
                        additional personnel as that executive director 
                        considers appropriate; and
                            (ii) may procure temporary and intermittent 
                        services under section 3109(b) of title 5, 
                        United States Code, but at rates for 
                        individuals not to exceed the daily equivalent 
                        of the maximum annual rate of pay payable for 
                        grade GS-15 of the General Schedule.
                    (B) Board rules.--Such rules shall include 
                provisions to ensure an equitable division or sharing 
                of resources, as appropriate, between the respective 
                staff of the Board.
            (3) Board staff.--The staff of the Board shall be appointed 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        shall be paid without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of such title (relating to 
        classification and General Schedule pay rates).
            (4) Facilities.--The Administrator of the General Services 
        Administration, in coordination with the Secretary of Commerce, 
        shall locate suitable office space for the operation of the 
        Board in the headquarters of the Bureau of the Census in 
        Suitland, Maryland. The facilities shall serve as the 
        headquarters of the Board and shall include all necessary 
        equipment and incidentals required for the proper functioning 
        of the Board.
    (g) Other Authorities.--
            (1) Hearings.--For the purpose of carrying out its duties, 
        the Board may hold such hearings (at the call of either co-
        chair) and undertake such other activities as the Board 
        determines to be necessary to carry out its duties.
            (2) Access to information.--
                    (A) In general.--Each co-chair of the Board and any 
                Board staff who may be designated by the Board under 
                this subparagraph shall be granted access to any data, 
                files, information, or other matters maintained by the 
                Bureau of the Census (or received by it in the course 
                of conducting a decennial census of population) which 
                they may request, subject to such regulations as the 
                Board may prescribe in consultation with the Secretary 
                of Commerce. No information may be withheld pursuant to 
                title 13, United States Code, and all members of the 
                Board and Board staff shall be sworn to protect the 
                confidentiality and privilege of all data and 
                information protected by such title.
                    (B) Agency information.--The Board or the co-chairs 
                acting jointly may secure directly from any other 
                Federal agency, including the White House, all 
                information that the Board considers necessary to 
                enable the Board to carry out its duties. Upon request 
                of the Board or both co-chairs, the head of that agency 
                (or other person duly designated for purposes of this 
                paragraph) shall furnish that information to the Board.
            (3) Regulations.--The Board shall prescribe regulations 
        under which any member of the Board or of its staff, and any 
        person whose services are procured under subsection 
        (e)(2)(A)(ii), who gains access to any information or other 
        matter pursuant to this subsection shall, to the extent that 
        any provisions of section 9 or section 214 of title 13, United 
        States Code, would apply with respect to such matter in the 
        case of an employee of the Department of Commerce, be subject 
        to such provisions.
            (4) Detail authority.--Upon the request of the Board, the 
        head of any Federal agency is authorized to detail, without 
        reimbursement, any of the personnel of such agency to the Board 
        to assist the Board in carrying out its duties. Any such detail 
        of a Federal employee under this paragraph shall not interrupt 
        or otherwise affect the civil service status or privileges of 
        the employee.
            (5) Technical assistance.--Upon the request of the Board, 
        the head of a Federal agency shall provide such technical 
        assistance to the Board as the Board determines to be necessary 
        to carry out its duties.
            (6) Use of mails.--The Board may use the United States 
        mails in the same manner and under the same conditions as 
        Federal agencies and shall, for purposes of the frank, be 
        considered a commission of Congress as described in section 
        3215 of title 39, United States Code.
            (7) Support services.--Upon request of the Board, the 
        Administrator of General Services shall provide to the Board on 
        a reimbursable basis such administrative support services as 
        the Board may request.
            (8) Printing costs.--For purposes of costs relating to 
        printing and binding, including the cost of personnel detailed 
        from the Government Publishing Office, the Board shall be 
        deemed to be a committee of the Congress.
    (h) Reports.--
            (1) 2020 census.--The Board shall transmit to the 
        Congress--
                    (A) interim reports, with the first such report due 
                by April 1, 2024;
                    (B) additional reports, the first of which shall be 
                due by February 1, 2025, the second of which shall be 
                due by April 1, 2025, and subsequent reports at least 
                semiannually thereafter;
                    (C) a final report on the 2020 Census shall be due 
                by September 1, 2025; and
                    (D) any other reports which the Board or either co-
                chair considers appropriate.
            (2) Subsequent censuses.--With respect to the 2030 
        decennial census of population and each decennial census 
        thereafter, the Board shall transmit to Congress--
                    (A) an interim report due not later than September 
                1 of the second year following the year in which a 
                decennial census occurs;
                    (B) a final report not later than September 1 of 
                the third year following the year in which a decennial 
                census occurs; and
                    (C) any other reports which the Board or either co-
                chair considers appropriate.
            (3) Final report contents.--A final report under paragraph 
        (1)(C) or (2)(B) shall contain a detailed statement of the 
        findings and conclusions of the Board with respect to the 
        matters described in subsection (c).
            (4) Report contents.--In addition to any matter otherwise 
        required under this subsection, each such report shall address, 
        with respect to the period covered by such report--
                    (A) the degree to which efforts of the Bureau of 
                the Census to prepare to conduct the decennial census--
                            (i) shall achieve maximum possible accuracy 
                        at every level of geography;
                            (ii) shall be taken by means of an 
                        enumeration process designed to count every 
                        individual possible;
                            (iii) shall be free from political bias and 
                        arbitrary decisions; and
                            (iv) comply with all legal and 
                        constitutional requirements; and
                    (B) efforts by the Bureau of the Census intended to 
                contribute to enumeration improvement, specifically in 
                connection with--
                            (i) computer modernization and the 
                        appropriate use of automation;
                            (ii) address list development;
                            (iii) outreach and promotion efforts at all 
                        levels designed to maximize response rates, 
                        especially among groups that have historically 
                        been undercounted (including measures 
                        undertaken in conjunction with local government 
                        and community and other groups);
                            (iv) establishment and operation of field 
                        offices; and
                            (v) efforts relating to the recruitment, 
                        hiring, and training of enumerators.
            (5) Availability of data and information.--Any data or 
        other information obtained by the Board under this section 
        shall be made available to any committee or subcommittee of 
        Congress of appropriate jurisdiction upon request of the chair 
        or ranking minority member of such committee or subcommittee. 
        No such committee or subcommittee, or member thereof, shall 
        disclose any information obtained under this paragraph which is 
        submitted to it on a confidential basis unless the full 
        committee determines that the withholding of that information 
        is contrary to the national interest.
            (6) Use of contractors.--The Board shall study and submit 
        to Congress, as part of its first report under paragraph 
        (1)(A), its findings and recommendations as to the feasibility 
        and desirability of using postal personnel or private 
        contractors to help carry out the decennial census.
    (i) Accuracy of Census.--To the extent practicable, members of the 
Board shall work to promote the most accurate and complete decennial 
census possible by using their positions to publicize the need for full 
and timely responses to decennial census questionnaires.
    (j) Limitation on Board Members and Staff.--
            (1) In general.--No individual described in paragraph (2) 
        may--
                    (A) be appointed or serve as a member of the Board 
                or as a member of the staff of the Board; or
                    (B) enter into any contract with the Board.
            (2) Individuals covered.--An individual described in this 
        paragraph is any individual who is serving or who has ever 
        served--
                    (A) as the Director of the Census; or
                    (B) with any committee or subcommittee of either 
                House of Congress having jurisdiction over any aspect 
                of the decennial census as--
                            (i) a Member of Congress; or
                            (ii) a congressional employee.
    (k) Exception for Use of Information.--Section 9(a) of title 13, 
United States Code, is amended in the matter before paragraph (1)--
            (1) by striking ``or section 210'' and inserting ``, 
        section 210'';
            (2) by striking ``1998 or'' and inserting ``1998,''; and
            (3) by striking ``1997'' and inserting ``, or section 502 
        of the ACE Act''.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated $7,500,000 for fiscal year 2024 and each fiscal year 
thereafter to carry out this section.

               TITLE VI--DISINFORMATION GOVERNANCE BOARD

SEC. 601. TERMINATION OF THE DISINFORMATION GOVERNANCE BOARD.

    The Disinformation Governance Board of the Department of Homeland 
Security is hereby terminated.

SEC. 602. PROHIBITION ON FUNDING SIMILAR BOARD OR SIMILAR ACTIVITIES.

    No Federal funds authorized to be appropriated or otherwise made 
available may be used to establish any other entity that is 
substantially similar to the Disinformation Governance Board terminated 
by section 601 or to carry out activities that are substantially 
similar to the Disinformation Governance Board terminated by section 
601.

                        TITLE VII--SEVERABILITY

SEC. 701. SEVERABILITY.

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