[Congressional Record Volume 165, Number 40 (Wednesday, March 6, 2019)]
[House]
[Pages H2390-H2498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOR THE PEOPLE ACT OF 2019
General Leave
Ms. LOFGREN. Mr. Chairman, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and add extraneous material on H.R. 1, the For the People Act of 2019.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 172 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 1.
The Chair appoints the gentleman from Texas (Mr. Cuellar) to preside
over the Committee of the Whole.
{time} 1427
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole
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House on the state of the Union for the consideration of the bill (H.R.
1) to expand Americans' access to the ballot box, reduce the influence
of big money in politics, and strengthen ethics rules for public
servants, and for other purposes, with Mr. Cuellar in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 2
hours equally divided and controlled by the chair and the ranking
minority member of the Committee on House Administration.
The gentlewoman from California (Ms. Lofgren) and the gentleman from
Illinois (Mr. Rodney Davis) each will control 60 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LOFGREN. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, H.R. 1 will begin the process of returning the government
to the people. Many provisions of H.R. 1 have been pending and ignored
for years in this House. No more.
{time} 1430
H.R. 1 has been the subject of hearings in five committees and 15
hours of testimony from witnesses. Throughout these hearings, we have
heard our Republican friends bemoan a rushed process when, in fact,
they had 8 years to consider these proposals but failed to do so.
Today, we deliver on our promise to the American people. H.R. 1 is
critically important at this point in our history.
Trust in government and in many institutions has eroded because of
years of putting profit before the people and letting politicians pick
their voters.
Dark money has been allowed to poison our system, drowning out the
voices of the very people who we were sent here to represent.
Access to the ballot box has been impeded by arbitrary obstacles that
have made voting a privilege, not a right.
Without trust, our representative system suffers. Too many Americans
view themselves as shut out from our democracy. Others cannot
participate because of election administration procedures that fail to
account for how Americans live and work in the 21st century.
Some of these barriers make it harder for certain populations,
including communities of color and other underrepresented groups, to
vote. This is especially the case after the Supreme Court gutted core
provisions of the Voting Rights Act in Shelby County v. Holder.
Meanwhile, the Supreme Court's 2010 Citizens United decision has
further empowered wealthy special interests and ushered in nearly a
billion dollars in money from undisclosed sources, even though the
Court affirmed the importance of disclosure by a vote of 8 to 1.
H.R. 1 reverses course and strengthens our democracy and makes it
easier and more convenient for all eligible Americans to vote. It
offers solutions to the dominance of big money in politics, and it
ensures public officials will work in the public interest.
One of the things that has been discussed is the proposal for a
freedom from influence fund that will allow for small donors to reclaim
control of candidates through $200 or less donations.
I want to make it clear that no taxpayer funds are permitted to flow
into this freedom from influence fund. Instead, as was approved in our
last vote, a modest additional assessment of 2.75 percent on Federal
fines, penalties, and settlements for certain tax crimes and corporate
malfeasance will be the sole source of funding for this freedom from
influence fund. In fact, the bad guys will be funding the clean system.
This bill will lower barriers to voting for all eligible Americans.
It will save costs, bolster the integrity of election administration,
and, for example, it will modernize voter registration systems by
enabling automatic voter registration and same-day voter registration,
taking advantage of technology to ensure all Americans can register and
update their voter registration status online. Automatic voter
registration, alone, may bring up to 50 million new American citizens
onto the rolls and, therefore, able to vote.
It makes improvements to ensure ballot access for voters with
disabilities as well as our overseas and military voters.
It ensures early voting for at least 15 days and will require States
to use voter-verified paper ballots. This is a commonsense safeguard to
cybersecurity threats, especially after the 2016 election showed
vulnerabilities in our system.
H.R. 1 will reform redistricting to ensure fairness in the process to
guard against partisanship and respect communities of interest.
This legislation will shine a light on dark secret money that
influences campaigns and will protect everyone's right to know who is
influencing their votes and their views.
As I mentioned earlier, it provides an alternative voluntary system
for candidates to finance their campaigns by empowering small dollar
contributors all without taxpayer money. This will reduce candidates'
reliance on wealthy special interests and open the political process to
more people. This will create a government for the people.
H.R. 1 will also implement high ethical standards and boost
confidence in self-government.
It has been said that we should not take these steps, but Article I,
Section 4 of the United States Constitution provides that Congress may,
by law, regulate votes in Federal elections.
It is time that we take this step. Democracy is resilient, but it
requires our continual work to ensure that it lives up to its promise.
H.R. 1 is a major, comprehensive step forward, a step that we must
take if we are to be true to our promise of our representative
government.
Mr. Chair, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield myself as much time
as I may consume.
Mr. Chair, I agree with my colleagues across the aisle that there is
a role for the Federal Government to play in election infrastructure,
campaign finance disclosure, ballot access transparency, and election
security. However, H.R. 1 was developed to serve the special interests
of Democrats and the outside organizations that support the Democratic
Party and will not accomplish its alleged goal of being for the people.
The greatest threat to our Nation's election system is partisanship,
and that is what we are seeing right here in H.R. 1. It misuses
taxpayer dollars, takes power away from States to administer their own
elections, and threatens to limit Americans' constitutional rights.
H.R. 1 proposes all groups limit free speech and imposes vague
standards that disadvantage citizens who wish to advocate on behalf of
any public policy issue.
Every American has a right to support causes they believe in, and
that is exactly why the American Civil Liberties Union echoes my
concerns. The ACLU said that there are provisions that
unconstitutionally impinge on the free speech rights of American
citizens and public interest organizations.
When groups that have traditionally supported the Democratic Party
cannot support H.R. 1, it underscores why election reform legislation
should not be developed in a partisan manner.
H.R. 1 overreaches our Constitution by taking power away from States
that decide how their election should be administered, States that know
their residents' election needs much better than a Federal bureaucracy
does.
Congress should be partnering with States to support them in
increasing voter registration instead of forcing a federally mandated
one-size-fits-all approach that will be costly and ineffective.
This bill also fails to include safeguards, while implementing new
voter registration and voting practices.
I cannot stress enough that Congress should absolutely be in favor of
increasing access to the polls, but we do that by adding the necessary
checks and balances to ensure these votes and that access are
protected.
We should allow States to maintain their own voter rolls in order to
process voters in a timely manner on election day, avoid unfunded
mandates, and manage voter lists to avoid voting irregularities. A few
voting irregularities can change the outcome of a single election,
especially when you live in a competitive district like I do. Every
single vote makes a difference between winning and losing.
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If we pass new voter registration practices in H.R. 1 without
creating safeguards to prevent voting irregularities in these
practices, we risk taking away the choice of the American people.
Simply, another way, H.R. 1 is taking away the voice of each American
voter.
If we want to increase our election security, Congress should support
States choosing their own methods and machines. Multiple points of
entry are more secure than one system. Federalizing election security,
as this legislation does, will not protect voters.
When H.R. 1 was introduced, it was referred to 10 committees in the
House. This bill, which is now over 600 pages, will now have gone from
introduction to general debate on the floor of the House with only half
of those 10 committees holding a single hearing, and only one of those
committees holding a markup.
The Democrats promised greater transparency in the majority, but we
are not seeing that in their first major piece of legislation.
We just received the CBO score for H.R. 1, which egregiously
underestimates H.R. 1's cost to the taxpayers by conveniently leaving
out many of the legislation's most expensive provisions. H.R. 1's
campaign match provision is what is being left out. CBO said they
needed more time to develop a more comprehensive score. That was
ignored.
Though my Democratic colleagues may have changed where exactly the
bucket is, they are still using H.R. 1 to put more money into
politicians' campaigns. H.R. 1 is creating public subsidies through the
6-to-1 government match program on small dollar campaign contributions
of up to $200. For every $200, the Federal Government, the taxpayers,
will now pay $1,200 to a politician, to Members of Congress' campaigns.
While my colleagues across the aisle now say this will be of no cost
to the taxpayer--as of a new gimmick that they developed yesterday--I
would like to point out that every single House Democrat signed on to
cosponsor this legislation before any changes were made to this
provision.
Make no mistake, the new majority wants to put your hard-earned tax
dollars into their own campaigns. While they may have changed the route
to get there, that is their fundamental goal with this obvious sham
campaign finance reform. They say they want to get money out of
politics, but they are using this bill, H.R. 1, to funnel more in.
Provisions like this do not belong in any campaign or finance
election reforms. Election reforms should be bipartisan, not serving
the interests of partisan politicians.
As we move forward with the debate today, I hope my colleagues across
the aisle will thoughtfully reconsider their eager support of a bill
that will harm the American voter and taxpayer and not simply vote, as
we have seen throughout this not-open process, along partisan lines.
Every American's vote should be counted and protected.
Mr. Chair, I reserve the balance of my time.
Ms. LOFGREN. Mr. Chair, I yield 2 minutes to the gentleman from New
York (Mr. Nadler), chairman of the Judiciary Committee.
Mr. NADLER. Mr. Chair, I thank the gentlewoman for yielding.
Mr. Chair, the right to vote has been called protective of all other
rights. Without it, you can't protect your rights. That right has been
eroded in recent years.
We have seen many attempts on the State and local level to limit the
right to vote for minorities, to close polling places, to limit the
hours of voting, to put in phony requirements that prevent people from
voting.
We must restore, as this bill will do, the protections of the 1965
Voting Rights Act that guarantee the right to vote, that stop local
politicians from choosing their own electorates.
We must eliminate the poison of large campaign contributions from
hidden money. The dominance in our politics of large campaign
contributions when someone anonymously can give $20,000 to $30,000--or
millions of dollars--to various PACs which then funnel the money to
politicians is subversive of our democracy.
It is a metastasized cancer on our democracy. And if we don't excise
this cancer through this bill, historians will eventually write, I
fear, that the American Republic, like the Roman Republic, had a good
250-year run with democracy but then evolved into an oligarchy, which
is the direction we are headed in.
We must ban those huge campaign contributions, substitute a system of
small contributions by ordinary people that will be matched so that the
public, not the plutocrats, will dominate our politics and control our
legislation.
We should restore our right to vote for people who committed crimes
long ago and have long since paid their debts to society.
These restrictions and ex-felons voting were put in specifically to
guarantee white supremacy. Read the debates in the various State
conventions in the 1900s and 1910.
This bill will help strengthen Americans' faith in their government
institutions and ensure that everyone has a voice in determining how
our country is governed.
Mr. Chair, I urge all of my colleagues to support this landmark
legislation.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield 3 minutes to the
gentleman from North Carolina (Mr. Walker), my colleague, good friend,
and member on the House Administration Committee.
Mr. WALKER. Mr. Chair, I thank the ranking member for his work.
Mr. Chair, I rise today in opposition to H.R. 1. While my colleagues
on the other side of the aisle have deemed this bill to be ``for the
people,'' a more proper characterization would be ``for the
politicians.''
Voting is a foundational right for all Americans, and the egregious
provisions of this bill would jeopardize our freedoms. In particular,
this legislation fails to address the issue of ballot harvesting.
As we have seen in California and my own State of North Carolina,
ballot harvesting has created troubling irregularities in several
elections due to the lack of oversight and opportunities for voter
manipulation and intimidation.
Ballot harvesting allows political operatives with a partisan agenda
to get involved in the collection and submission of votes, creating an
opportunity for organizations or campaign workers to exploit voters and
violate our fundamental rights.
Americans should have a choice on how they want to vote, who they
want to support, and if they want to vote at all.
{time} 1445
Not only would H.R. 1 manipulate the voting process, but it would
also restrict our rights as Americans to donate to the campaigns of our
choosing and would allow the Federal Government to use our taxpayer
dollars to subsidize elections.
Aside from the proposed matching donations with a 6-to-1 ratio, H.R.
1 would create a pilot program to provide $25 vouchers for eligible
voters. In practice, that means taxpayer money from hardworking
Americans could be used to finance campaigns for candidates they do not
support.
If this doesn't limit free speech enough, another provision of the
bill politicizes the Federal Election Commission by reducing membership
from six to five. This makes a traditionally nonpartisan organization
political, giving one party the power to make partisan decisions about
election communications.
With the vague standards created by H.R. 1, this would affect any
group wishing to advocate on behalf of any legislative issue.
In short, this legislation violates the First Amendment. Even the
ACLU has problems with it. It creates an avenue for fraud and subjects
voters to potential exploitation.
While my colleagues across the aisle will support this bill to
subsidize their own elections and keep their party in the majority, I
will stand up for our rights as Americans and vote against one of the
worst bills ever, this abhorrent assault on our election system.
Ms. LOFGREN. Mr. Chairman, I yield 2 minutes to the gentleman from
North Carolina (Mr. Price), a pioneer and leader in clean government.
Mr. PRICE of North Carolina. Mr. Chairman, I thank my colleague and I
rise in strong support of H.R. 1. It is a comprehensive, once-in-a-
generation blueprint for reforming our democratic
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system, ranging from gerrymandering to voter suppression, and voting
rights to the dominance of unaccountable big money in our politics. It
is an urgent priority rightly numbered H.R. 1, and basic to everything
else we need to do. If our democracy doesn't work, nothing works.
It represents a culmination of issues I have worked on during my
entire time in Congress, particularly, the way moneyed interests can
corrupt our politics and how they drown out the voices of everyone
else.
The For the People Act will modernize our Presidential public
financing system. It will establish a new public matching system for
congressional races to empower small donors. It will crack down on
improper super-PAC coordination with campaigns.
H.R. 1 also includes my legislation to repeal the IRS dark-money
rule, and it expands my original stand-by-your-ad provision to require
corporations and other groups to disclose the top funders when they run
political ads over the air or on the internet.
These reforms will empower American voters and encourage more diverse
candidates to run for office, and will help break the stranglehold of
big money on our politics.
Let's deliver on the promises we have made to restore integrity,
accountability, and transparency to our democracy. I urge my colleagues
to vote ``yes'' on H.R. 1.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield 2 minutes to the
gentleman from South Carolina (Mr. Duncan), my good friend.
Mr. DUNCAN. Mr. Chairman, I rise to strongly oppose H.R. 1. This is
an egregious assault on the fundamental rights and freedoms of
Americans.
H.R. 1, really, is a fight over liberty. This is a fight over the
constitutional duties and roles of the States, one of which being the
role in conducting elections.
Article I, section 4 says clearly, ``The times, places, and manner of
holding elections for Senators and Representatives, shall be prescribed
in each State by the legislature thereof.''
Having individual States conduct elections has been vital to
preserving the integrity and security of elections across the country.
But this debate really is about the Democrats' desire to centralize
power here in one place, Washington, D.C.
Instead of actively giving more power to Washington bureaucrats, we
should be divesting power away from the expansive Federal Government,
and reserving that power for the States, because that is the way the
Founding Fathers designed our Republic.
But, sadly, this bill is nothing but a top-down power grab by the
Democrats using the Federal Government to micromanage the electoral
process, impose limits on free speech, and further impose
unconstitutional mandates.
Mr. Chair, this is not the liberty our Founders intended. In fact,
this is a dangerous proposal that centralizes power, enhances Big
Government in Washington, and takes decisionmaking power out of the
hands of the States and the people.
Let's ask ourselves: Is this the proper and constitutional role of
the Federal Government? And the answer to that question is, no. H.R. 1
encroaches on the liberties and powers of the Constitution reserved for
the States and the people, and I oppose this type of power grab. I
think that is what so infuriates so many Americans.
We take an oath here to uphold and defend the Constitution of the
United States. We shouldn't be passing bills like H.R. 1. We should be
passing bills that preserve the liberty and freedom enshrined in the
Constitution.
I encourage all Members to adamantly oppose this legislation, because
if you take your oath seriously--because we aren't voting for a fancy
title of a bill, when you actually read the language of this
legislation, you see that it undermines the Constitution and the rights
of every single American across the country, under the guise of making
elections safer.
Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
I have to note that the last speaker failed to read the entire
section. Article I, section 4 says: ``The times, places and manner of
holding elections for Senators and Representatives, shall be prescribed
in each State by the legislature thereof;'' as was mentioned. And it
then goes on to say, ``but the Congress may at any time by law make or
alter such regulations. . . . `' And that is what we are doing here.
Why? Because we have seen in States throughout the country efforts to
prevent people from voting in Federal elections. And so a voter in one
State is treated differently than in another State, and that is what we
are going to change with H.R. 1.
Mr. Chair, I yield 1 minute to the gentleman from Illinois (Mr.
Krishnamoorthi).
Mr. KRISHNAMOORTHI. Mr. Chair, I rise today in support of the For the
People Act, which includes language from my legislation with Senator
Cory Booker, the Help Students Vote Act.
Young Americans vote at the lowest rates of any age group, and a key
factor in that are the challenges of voting on a new college campus far
away from home. My legislation has three provisions to address this
challenge.
First, it requires every college and university to email timely voter
registration information to all of its students.
Second, it requires every school to designate a campus vote
coordinator to answer students' questions about voting.
Third, it authorizes grants to colleges and universities that take
exemplary action to promote civic engagement.
I want to thank the many organizations supporting the legislation,
including Young Invincibles, and the Students Learn Students Vote
Coalition.
By helping students register and vote, we can ensure our government
better responds to the people it serves, while encouraging our next
generation of leaders.
Mr. Chair, I strongly urge my colleagues to support this measure.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I am very privileged to
stand here with somebody who grew up in the same rural county as I did,
in Christian County, Illinois.
Mr. Chair, I yield 2 minutes to the gentleman from Indiana (Mr.
Bucshon), my good friend.
Mr. BUCSHON. Mr. Chairman, I rise today in opposition to H.R. 1, the
Democrat politician protection act. This legislation is a radical
attempt to hijack our free and fair election system, and limit the
voices of the American people.
For example, in H.R. 1, Democrats are proposing the public financing
of elections which would force Americans' hard-earned tax dollars to be
subsidizing political campaigns they do not support, limiting
constitutionally guaranteed freedoms of speech and association.
Furthermore, this one-size-fits-all Federal takeover of the election
process will open the door for voting irregularities through Federal
mandates on voter registration and voting practices that will be forced
on the States--a massive Federal power grab.
Last time I checked, voting happens at the State level, and is the
right and responsibility of the State and local governments.
They say this only affects Federal elections, but does anyone really
believe that the States will have two separate systems? I am in full
support of increasing voter registration participation in our election
process. Unfortunately, this legislation goes far beyond increasing
voter participation, and, instead, is a misguided attempt to rig our
Nation's electoral systems for the benefit of the Democratic Party by
telling Americans, once again, that the Federal Government and
Washington bureaucrats know best.
Mr. Chair, I urge my colleagues to oppose this liberty- and freedom-
limiting legislation.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Mrs. Davis), a valued Member of the House Administration
Committee.
Mrs. DAVIS of California. Mr. Chairman, this bill was not rushed. It
is long overdue. I recently joined our colleague and civil rights icon,
Congressman John Lewis, on the Edmund Pettus Bridge in Selma,
commemorating the march and the fight for the right to vote.
We can never forget how many people have risked and lost their lives
for that right. Fifty-four years later, our election system is still
stacked against
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many Americans. Some eligible voters are still prohibited from voting
by mail and can't make it to the polls.
Some eligible voters have still been unfairly purged from the rolls,
and some communities still do not have enough polling locations,
leading to long lines.
We need justice. We need to expand the fixes that have been proven to
work in so many of our States, and that is exactly what H.R. 1 does.
If we are for the people, not just the ones we think will vote for
us, then we should be for this bill.
Mr. LOUDERMILK. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I love this country. I love this country for what it is. I
love this country for the principles and the ideas on which it was
founded. America is not a place. It is not a government. It is not a
people. It is an idea.
One of the ideas of our Founders is that the government is most
effective when it is local, the closest to the people.
I want to correct something that I think my colleagues on the other
side may not understand or are just not presenting to the American
people. Yes, the Constitution gives Congress the ability at times to
come in and modify election law, but this bill is so sweeping, it
strips the States of their constitutional authority that was given to
them by the Constitution by eliminating their influence in elections
altogether.
The true intention of the Founders when it came to this provision in
the Constitution was predominantly to ensure that the States could not
render the Congress ineffective by refusing to hold elections so they
would ensure that we always have a quorum here.
That was the purpose of that. We need to go back to the original
intent of the Founders when they added this in the Constitution.
Mr. Chairman, if you read the writings of the Founding Fathers, this
is ultimately clear. I want to read to you something that James Madison
said regarding the States' authority, especially when it comes to
elections. He said, ``The powers delegated by the proposed Constitution
to the Federal Government are few and defined. Those which are to
remain in the State governments are numerous and indefinite. . . . The
powers reserved to the several States will extend to all the objects
which in the ordinary course of affairs, concern the lives and
liberties, and properties of the people, and the internal order,
improvement and prosperity of the State.
They could not be clearer that the States should be the ones setting
the laws regarding elections. This would totally undermine that.
Mr. Chair, I yield 2 minutes to the gentleman from Georgia (Mr.
Woodall), my good friend and colleague.
{time} 1500
Mr. WOODALL. Mr. Chairman, I thank my friend from Georgia for
yielding me the time.
It is tough to get up and speak after the Federalist Papers have been
referenced because they do go to the core of who we are. So does
election integrity.
I look around, and I see my friends from the other side of the aisle,
along with friends on my side of the aisle, and election integrity is a
shared value. So you would think that the solution to election
integrity challenges would be a shared solution.
But if I go to my friends on the Republican side of the House
Administration Committee, the only one of the 10 committees this bill
was referred to that marked it up, I will find that not one Republican
was consulted on the drafting of this language.
Mr. Chairman, you have heard my colleagues talk about the wholesale
changes to election law--State election law--across this country. You
would think, Mr. Chairman, that we would have talked to all 50
secretaries of state. That wouldn't be true.
Maybe you would think we would have consulted with 25 secretaries of
state. It wouldn't be true. What would be true is, in the one committee
that had the one markup on this bill, we consulted with one State
election official.
Mr. Chairman, this is an opportunity for us to do something together.
We can either take advantage of that opportunity or we can poison the
well. How in the world can we promise the American people election
integrity when one side is writing the rules?
It should be instructive to us all the way this bill has come to the
floor, and it is yet another, Mr. Chairman, in a string of missed
opportunities that we have had. I will give you just one example.
I made a motion last night in the Rules Committee to only bring this
bill to the floor as it was marked up in committee. We have talked
about a bill that is going to guarantee voter transparency. We don't
even have legislative transparency on this bill. We couldn't get the
bill brought to the floor from the one of the 10 committees that marked
it up. We had manager's amendments added. We had the bill not as
reported.
I offered another amendment last night. If it is so important that we
legislate for the first time in American history that tax returns be
released by elected officials--this bill includes let's release them at
the Presidential level and let's release them at the Vice Presidential
level--I offered an amendment to the rule to allow a vote on whether or
not they should be considered at your level, Mr. Chairman. That
amendment was denied on a partisan line.
Let's not make this a partisan issue; it is an American issue.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee), who is my colleague on the Judiciary
Committee.
Ms. JACKSON LEE. Mr. Chairman, I thank the gentlewoman for her
leadership and Mr. Sarbanes for his leadership and for allowing us to
tell our stories. Let me tell you the story of Texas.
In 2017, right before a bond election in my district and surrounding
areas, 4,000 people were taken off the voting rolls. In 2018, the
Secretary of State's Office purged people off the voting rolls with
absolutely no understanding and no notice.
H.R. 1 expands the access to the ballot box by creating voluntary
automatic voter registration access across the country, ensuring that
the rights of individuals who have completed felony sentences--family
members, your neighbors who have done their time--have the ability to
register as well, and expanding early voting. Be reminded of the 2000
election when those who had done their time, were citizens, went to the
voting poll, and they were told: Oh, you cannot vote.
It ends partisan gerrymandering, but in particular, it focuses on
opportunities for voting. So I am here to say those provisions are
crucial to providing the American public its constitutional right to
vote, and we should support that right.
Mr. Chair, I rise today in strong support of H.R. 1, The ``For the
People Act of 2019,'' which expands access to the ballot box, reduces
the influence of big money in politics, and strengthens ethics rules
for public servants.
I am proud to be one of 226, co-sponsors, and one of the original
cosponsors, of H.R. 1, which will increase public confidence in our
democracy by reducing the role of money in politics, restoring ethical
standards and integrity to government, and strengthening laws to
protect voting.
Specifically, the For the People Act will:
1. Make it easier, not harder, to vote by implementing automatic
voter registration, requiring early voting and vote by mail, committing
Congress to reauthorizing the Voting Rights Act and ensuring the
integrity of our elections by modernizing and strengthening our voting
systems and ending partisan redistricting.
2. Reform the campaign finance system by requiring all political
organizations to disclose large donors, updating political
advertisement laws for the digital age, establishing a public matching
system for citizen-owned elections, and revamping the Federal Election
Commission to ensure there's a cop on the campaign finance beat; and
3. Strengthen ethics laws to ensure that public officials work in the
public interest by extending conflict of interest laws to the President
and Vice President; requiring the release of their tax returns; closing
loopholes that allow former members of Congress to avoid cooling-off
periods for lobbying; closing the revolving door between industry and
the federal government; and establishing a code of conduct for the
Supreme Court.
H.R. 1 expands access to the ballot box by taking aim at
institutional barriers to voting.
This bill ensures that individuals who have completed felony
sentences have their full
[[Page H2395]]
rights restored and expands early voting and simplify absentee voting;
and modernize the U.S. voting system.
Mr. Chair, this legislation and this hearing is particularly timely
because more than half a century after the passage of the Voting Rights
Act of 1965, we are still discussing voter suppression--something which
should be a bygone relic of the past, but yet continues to
disenfranchise racial minorities, immigrants, women, and young people.
The Voting Rights Act of 1965 was a watershed moment for the Civil
Rights Movement--it liberated communities of color from legal
restrictions barring them from exercising the fundamental right to
civic engagement and political representation.
But uncaged by Supreme Court's infamous 2013 decision in Shelby
County v. Holder, 570 U.S. 529 (2013), which neutered the preclearance
provision of the Voting Rights Act, 14 states, including my state of
Texas, took extreme measures to enforce new voting restrictions before
the 2016 presidential election.
It is not a coincidence that many of these same states have
experienced increasing numbers of black and Hispanic voters in recent
elections.
If not for invidious, state-sponsored voter suppression policies like
discriminatory voter ID laws, reduced early voting periods, and voter
intimidation tactics that directly or indirectly target racial
minorities, the 2016 presidential election might have had a drastically
different outcome.
Mr. Chair, H.R. 1 must be passed because many of the civil rights
that I fought for as a student and young lawyer have been undermined or
been rolled back by reactionary forces in recent years.
To add insult to injury, the Trump Administration issued an Executive
Order establishing a so-called ``Election Integrity'' Commission to
investigate not voter suppression, but so-called ``voter fraud'' in the
2016 election.
Trump and his followers have been unceasing in their efforts to
perpetuate the myth of voter fraud, but it remains just that: a myth.
Between 2000 and 2014, there were 35 credible allegations of voter
fraud out of more than 834 million ballots cast--that is less than 1 in
28 million votes!
An extensive study by social scientists at Dartmouth College
uncovered no evidence to support Trump's hysterical and outrageous
allegations of widespread voter fraud ``rigging'' the 2016 election.
Just for the record, Mr. Chair, the popular vote of the 2016
presidential election was:
Hillary Clinton, 65,853,516
Donald Trump, 62,884,824
Trump's deficit of 2.9 million was the largest of any Electoral
College winner in history by a massive margin, and despite the
allegations of the current Administration, there have been only 4
documented cases of voter fraud in the 2016 election.
The Voter Fraud Commission, like many of Trump's business schemes,
was a massive scam built on countless lies that do not hold up to any
level of scrutiny.
As Members of Congress, we should be devoting our time, energy, and
resources addressing Russian infiltration of our election
infrastructure and campaigns, along with other pressing issues.
Instead of enjoying and strengthening the protections guaranteed in
the Voting Rights Act--people of color, women, LGBTQ individuals, and
immigrants--have been given the joyless, exhausting task of fending off
the constant barrage of attacks levelled at our communities by Trump
and other conspiracy theorists.
Not only are we tasked with reversing the current dismal state of
voter suppression against minorities; we are forced to refute the
blatant, propagandist lie of voter fraud.
To this end, I have been persistent in my efforts to protect the
rights of disenfranchised communities in my district of inner-city
Houston and across the nation.
Throughout my tenure in Congress, I have cosponsored dozens of bills,
amendments, and resolutions seeking to improve voters' rights at all
stages and levels of the election process.
This includes legislation aimed at:
1. Increasing voter outreach and turnout;
2. Ensuring both early and same-day registration;
3. Standardizing physical and language accessibility at polling
places;
4. Expanding early voting periods;
5. Decreasing voter wait times;
6. Guaranteeing absentee ballots, especially for displaced citizens;
7. Modernizing voting technologies and strengthening our voter record
systems;
8. Establishing the federal Election Day as a national holiday; and
9. Condemning and criminalizing deceptive practices, voter
intimidation, and other suppression tactics;
Along with many of my CBC colleagues, I was an original cosponsor of
H.R. 9, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting
Rights Act Reauthorization and Amendments Act, which became public law
on July 27, 2006.
I also authored H.R. 745 in the 110th Congress, which added the
legendary Barbara Jordan to the list of civil rights trailblazers whose
memories are honored in the naming the Voting Rights Act
Reauthorization and Amendments Act.
This bill strengthened the original Voting Rights Act by replacing
federal voting examiners with federal voting observers--a significant
enhancement that made it easier to safeguard against racially biased
voter suppression tactics.
In the 114th Congress, I introduced H.R. 75, the Coretta Scott King
Mid-Decade Redistricting Prohibition Act of 2015, which prohibits
states whose congressional districts have been redistricted after a
decennial census from redrawing their district lines until the next
census.
Prejudiced redistricting, or gerrymandering as it is more commonly
known, has been used for decades to weaken the voting power of African
Americans, Latino Americans, and other minorities since the Civil
Rights Era.
Immediately after the Shelby County ruling, which lifted preclearance
requirements for states with histories of discrimination seeking to
change their voting laws or practices, redistricting became a favorite
tool for Republicans who connived to unfairly gain 3 congressional
seats in Texas.
In the 110th Congress, I was the original sponsor of H.R. 6778, the
Ex-Offenders Voting Rights Act of 2008, which prohibited denial of the
right to vote in a federal election on the bases of an individual's
status as a formerly incarcerated person.
The Ex-Offenders Voting Rights Act sought to reverse discriminatory
voter restrictions that disproportionately affect the African American
voting population, which continues to be targeted by mass
incarceration, police profiling, and a biased criminal justice system.
Those of us who cherish the right to vote justifiably are skeptical
of Voter ID laws because we understand how these laws, like poll taxes
and literacy tests, can be used to impede or negate the ability of
seniors, racial and language minorities, and young people to cast their
votes.
Voter ID laws are just one of the means that can be used to abridge
or suppress the right to vote but there are others, including:
1. Curtailing or Eliminating Early Voting;
2. Ending Same-Day Registration;
3. Not counting provisional ballots cast in the wrong precinct on
Election Day will not count;
4. Eliminating Teenage Pre-Registration;
5. Shortened Poll Hours;
6. Lessening the standards governing voter challenges used by
vigilantes, like the King Street Patriots in my city of Houston, to
cause trouble at the polls;
7. ``Voter Caging,'' to suppress the turnout of minority voters by
sending non-forwardable mail to targeted populations and, once the mail
is returned, using the returned mail to compile lists of voters whose
eligibility is then challenged on the basis of residence under state
law; and
8. Employing targeted redistricting techniques to dilute minority
voting strength, notably ``Cracking'' (i.e., fragmenting and dispersing
concentrations of minority populations); ``Stacking'' (combining
concentrations of minority voters with greater concentrations of white
populations); and ``Packing'' (i.e., over-concentrating minority voters
in as few districts as possible).
Mr. Chair, we must not allow our democracy to slide back into the
worst elements of this country's past, to stand idly by as our
treasured values of democracy, progress, and equality are poisoned and
dismantled.
I urge all members to join me in voting to pass H.R. 1, the ``For The
People Act of 2019.''
Mr. LOUDERMILK. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I appreciate what the gentlewoman from Texas just
brought up, but part of the responsibilities of the State are to ensure
that those who have been given the right to vote are the ones voting.
That is why the States--and the Supreme Court has upheld this--have not
only the right, but the responsibility to ensure that the voter rolls
are purged of those who have moved, who have passed away, or who have
been shown as ineligible to vote.
Just a few weeks ago, I was able to write a congratulatory letter to
a new immigrant to the United States. For 16 years, she worked to
become a citizen of the United States, with the dream of voting. This
next election she will be able to cast her vote as a citizen of the
United States of America.
Part of our responsibility is to ensure that her vote matters and it
isn't discredited by someone who is not eligible to vote casting a vote
and diluting her
[[Page H2396]]
voice in this government. That is why it is more appropriate for the
States, who are closer to the people, to be the ones who are setting
the standards--according to our Constitution--for election.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr.
Olson).
Mr. OLSON. Mr. Chairman, back home, all Texans agree the 10 most
terrifying words and the biggest lie people can hear is ``I'm from the
Federal Government, and I'm here to help.''
On that viewpoint, H.R. 1, which is called the For the People Act,
should be called the ``For the Big Government Act'' or, more
accurately, the ``Big Lie Act.''
Texas 22 does not want to have $6 of Federal tax dollars given to
subsidize small donors and match every dollar they raise. They prefer
that $6 of their money be used for new roads, deeper ports, Border
Patrol, safe schools, and hurricane prevention.
Texas is being swarmed by Californians. They are coming for jobs, a
low State income tax--zero--and a friendly environment for businesses.
Just like we don't want a tax on plastic straws, Texans sure as heck
don't want to follow California's same-day registration.
I ask my colleagues, respect the Constitution, respect the 10th
Amendment, respect States' rights, and vote against this terrible bill.
Ms. LOFGREN. Mr. Chairman, it is my honor to yield 1 minute to the
gentleman from Maryland (Mr. Hoyer), who is the Democratic leader.
Mr. HOYER. Mr. Chairman, I thank the gentlewoman for yielding. I
thank her for her leadership on this bill, H.R. 1, and I thank Mr.
Sarbanes for being a principal sponsor and proponent of H.R. 1.
Mr. Chairman, I rise as the sponsor of the Help America Vote Act in
2002, which responded to the lack of performance on our voting system
in the 2000 election, hanging chads and all. This bill expands on that.
But let me, at the outset, remind those who would talk about what the
Constitution says to read a portion of the Constitution.
Let me say before I do that, throughout my lifetime, early in my
lifetime, I heard a lot about States' rights. People talk about the
right to vote. I was in Alabama this past weekend, and we commemorated
the march over the Edmund Pettus Bridge, which was led by our
colleague, John Lewis. There were State troopers meeting him on the
other side of the bridge that beat and almost killed John Lewis. Why?
Because he was marching from Selma to Montgomery to register to vote.
I remember, as a child--not a child; I was a young man--watching
Lester Maddox on television with an ax handle saying that nobody was
going to integrate his premises.
I have heard a lot about States' rights through the years. Now, what
did our Founders say about States' rights as it relates to Members of
Congress? ``The times, places, and manner of holding elections for
Senators and Representatives shall be prescribed in each State by the
legislature thereof''--and apparently we didn't get to this phrase--
``but the Congress may at any time by law make or alter such
regulations. . . . `'
Why did our Founders do that? Because they wanted one nation.
Now, that was not our pledge at that point in time, but they wanted
the Colonies to come together as a nation. They had been a federation,
and it didn't work so well. So they wanted one nation to come together,
and at least for the Federal Congress, they reserved to the Federal
Congress the right to set the rules in the Constitution.
Mr. Chairman, last September, I delivered a speech outlining House
Democrats' plans to renew faith in government by enacting a series of
reforms to increase transparency, accountability, and ethics reform.
This week, after extensive hearings and lots of witnesses, we bring to
the floor a legislative package of reforms that made good on our
promises to the American people last year.
We didn't make a secret of this. This was well-known to everybody,
and they gave us the majority of this House. We are redeeming, today,
that honor and that responsibility.
I want to thank, again, Representative Sarbanes and the cosponsors of
this bill, every single Democratic Member. I want to thank John
Lewis, a giant of a man, a giant of principle, a giant who risked his
very life to make sure that the protections available in this bill
would be available to every American and that we would promote--not
prevent--accessibility to the voting booth and that we would not
confront people going over a bridge in Selma, Alabama, who only wanted
to register to vote, to be turned around by State troopers ordered by
Governor Wallace to do so.
This bill was driven in large part by our dynamic freshman class who
were elected on a platform of making government work once again for the
people.
This For the People Act will open government up in several critical
ways. First, it includes real national redistricting reform. I am for
that. Mr. Chairman, it may cost Maryland a seat--I get that--but it is
the right thing to do to have a level playing field.
Now, we have got a number of court cases that have turned around
redistricting in North Carolina, in Pennsylvania, in Texas, and in some
other States as well. But I have always said that, in order to be
successful, redistricting reform cannot be done on a State-by-State
basis; and the Constitution, of course, says that Congress may at any
time by law make or alter such regulations so that we have fair--they
don't have to do this for State elections. If they don't want to do it,
that is fine. But we, under the Constitution, are the arbiters of
Federal elections. It must be a uniform process across all States.
H.R. 1, the For the People Act, achieves this by requiring a
nonpartisan redistricting commission to oversee the process in every
State.
What does that mean? It means the politicians will not do it. Iowa,
California, or Arizona will have a fair redistricting process.
Next, this bill includes a much-needed expansion of voting rights to
protect our democracy. It would institute automatic voter registration.
In America, if you are an American citizen, you ought to have the
right to vote, and government ought not make it difficult for you to
exercise that right. No eligible voter should ever be turned away from
his or her polling place.
It will also restore the vote to those who have paid their debt to
society and should have a voice in their representative government.
This legislation builds on the important bipartisan work we did in
2002 when we passed, as I pointed out, the Help America Vote Act. It
reauthorizes the Election Assistance Commission, which, very frankly,
my Republican friends tried to eliminate on a number of occasions and
transfer their authority to the finance commission, which oversees
campaign finance--not election laws, campaign finance. It was a way to,
in effect, undermine and kill, in many ways, the Election Assistance
Commission designed to make sure that our elections are secure and
fair. It reauthorizes the Election Assistance Commission, which is
critically important to ensuring modern, accessible, and secure
elections.
In addition, H.R. 1 will make campaign finance more transparent,
requiring super-PACs to disclose their donors.
Again, I want to congratulate my colleague. We are very proud of
John Sarbanes and his dad in Maryland. He has been indefatigable in his
work in trying to make sure that it is the people's interest and not
the financial interests that control our elections.
{time} 1515
This bill will end the era of massive amounts of dark, unaccountable
money funding ads and campaigns.
The For the People Act will also impose higher ethical standards on
America's highest elected officials.
There is only one person in government who can do something on his
own. It is not the Senate. It is not the House. It is not us. We need
collectivity. But the President can make substantial decisions on his
own and, in fact, has. He has done so over the wishes of the Congress
of the United States just recently, so the people ought to know what
his interests are and whether he is acting for his interests or the
people's interests.
Among other new requirements, Presidents and Vice Presidents would
[[Page H2397]]
be required, therefore, to release 10 years' worth of tax returns.
In such ways, H.R. 1 will make strides, Mr. Chair, in restoring the
trust in government that, unfortunately, has been lost in recent years.
Americans need to know that their government works for them and can be
a force for good for their families, their communities, and our
country.
I rise in strong support of this legislation. I don't rise because I
think it is perfect, but I rise because I think it is an excellent
effort to redeem the promise of America and our democracy.
It is for the people. Let us vote for the people.
Mr. LOUDERMILK. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I thank my esteemed colleague, the majority leader, for
whom I have an immense amount of respect. I appreciate the words that
he said and especially his participation in the commemoration of the
march in Selma, in which my family has also participated.
Have we always got it right in the United States? No. Our Founders
knew that we would make mistakes along the way, but they gave us the
power and the ability to correct those mistakes.
The lack of civil rights in this Nation was a travesty to the people.
It flew in the face of the ideas of our Founders that all men were
created equal. That is why Republicans fought so hard for civil rights
during the 1960s and 1970s.
I agree with the majority leader. We do have the ability, according
to the Constitution, to make modifications. But H.R. 1 is not a
modification. It is a sweeping takeover of the election system, leaving
the States with very little authority or power over their own
elections, as well as the Federal elections.
I also would like to say that I heard that this bill has had
extensive hearings. I serve on the Committee on House Administration,
the only committee which had a hearing on this bill. The hearing lasted
5 hours, and the only reason it lasted that long was because the
Republicans submitted 28 amendments to the bill. Otherwise, this bill
would have gone right in and right out of committee, with probably less
than an hour of a committee hearing, and come to this floor.
It has 10 committees of jurisdiction. It has not gone before those
committees, so I submit it has not followed regular order.
Especially with something of this magnitude, the American people have
the right to hear, they have the right to understand, what is in this
bill. They have not been afforded that opportunity.
Mr. Chair, we have 50 States, 50 State Governors, 50 secretaries of
state, and I know my Governor and secretary of state have not been
involved in this process. It has a drastic impact, not only upon the
voting rights of the people in Georgia, but also on the budget of
Georgia, the fiscal cost.
Mr. Chair, I yield 2 minutes to the gentleman from Pennsylvania (Mr.
Perry), my good friend.
Mr. PERRY. Mr. Chair, I thank Mr. Loudermilk for the time, and I,
too, thank the majority leader for his comments. But I don't think it
should be removed from history that the Governor of Alabama at that
time ran on segregation; multiple times, ran on segregation. It was the
Republicans in this House, the majority percentage of Republicans, that
carried the day for the Voting Rights Act.
Mr. Chair, this bill, among other things, forces States to count
votes cast outside of voters' assigned precincts. Just think about
that. I am going to vote for you over here even though I don't live
there. That is going to be great. That is what we all want, people who
don't live in our neighborhoods voting for the people who decide our
fates and our policies.
Mr. Chair, the For the People Act, that is what it is called, but I
wonder: Which people? Is it the people here or the people out there?
It seems like it is for the people here when powerful voices on the
left and the right oppose this bill, voices like the ACLU, voices like
the NRA and Planned Parenthood, because, Mr. Chair, while you might
want to contribute to one of those organizations because you believe in
their cause, you don't want the protest to show up on your doorstep. It
is bad enough that it shows up, the protest, at Planned Parenthood or
the NRA or the gun show or whatever, but now the protest is going to
show up at your door--at your door--because the people who are opposed
to the things you believe in are going to find out you sent your 5
bucks in. They are going to come to your door and say: Well, I don't
agree with you. I don't like you. And I don't think you should be
spending your money on those things.
Is that what we want in America? That is what this bill does, Mr.
Chair. Essentially, it is going to empower the Federal Election
Commission to carry out the actions of Lois Lerner and the IRS during
the last administration in an attempt to silence opposition to the
politicians in the swamp, in this place, regardless of which side you
are on.
I urge a ``no'' vote for this bill, Mr. Chair.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentleman from
Rhode Island (Mr. Langevin), who has served so faithfully on the House
Homeland Security Committee.
Mr. LANGEVIN. Mr. Chairman, I thank the gentlewoman for yielding. I
would also like to thank her, Chairman Thompson, Congressman Sarbanes,
and the many Democratic Members who helped craft this important
legislation.
H.R. 1, Mr. Chairman, among many things, will make our elections more
ethical and will make them more secure.
As a former Rhode Island secretary of state and member of the
Congressional Task Force on Election Security, I absolutely believe
that we must actively address our elections systems' vulnerabilities,
or our enemies certainly will.
H.R. 1 provides States with funding, guidance, and threat
intelligence to secure election systems by purchasing voting machines
that provide auditable paper ballots, securing voter registration
databases, and training election officials.
Now, these suggestions came from the task force, and they reflect
guidance we heard from leaders like Rhode Island Secretary of State
Nellie Gorbea, who is implementing one of the Nation's first risk-
limiting audits. They also reflect the wisdom of the cybersecurity
researchers who have so much to offer in identifying vulnerabilities
and helping us to close them.
Mr. Chairman, with the 2020 elections around the corner, I am proud
to support this legislation, because we must act now to protect our
democracy.
Mr. Chair, I would like to thank Ms. Lofgren, Chairman Thompson,
Congressman Sarbanes, and the many House Democratic members who helped
craft this vital legislation. The For the People Act will not only make
our elections more ethical and accessible, it will also help secure
them from outside interference.
As a former Secretary of State of Rhode Island and member of the
Congressional Task Force on Election Security, I believe we must
actively address the vulnerabilities in our election systems.
We know that Russia interfered with our 2016 elections, targeting
political organizations and the election infrastructure of at least 21
states. They sought to undermine public confidence in our elections,
and despite no evidence of ballot tampering, millions of Americans now
question whether their votes are counted properly.
While state and local governments must retain control of elections,
they cannot be expected to confront a nation state like Russia on their
own. We owe it to our state partners to provide the resources they need
to protect these vital systems at the heart of our democracy.
H.R. 1 ensures states have the funding, guidance, and threat
intelligence they need to address the risks and vulnerabilities in
their systems, whether by purchasing voting machines that provide
auditable paper ballots, securing voter registration databases, or
training election officials in cybersecurity best practices.
These are all suggestions that came from the Task Force, and they
reflect guidance we heard from local election leaders like Rhode
Island's current Secretary of State, Nellie Gorbea, who is implementing
one of the first risk-limiting audits in the nation. They also reflect
the wisdom of the cybersecurity research community that has so much to
offer when it comes to shoring up our systems and networks.
With the 2020 elections right around the corner, I'm proud to support
this legislation--it's more important than ever that we act swiftly to
protect the integrity of our democracy.
Ms. LOFGREN. Mr. Chairman, may I inquire how much time remains on
each side.
The CHAIR. The gentlewoman from California has 44\1/2\ minutes
remaining.
[[Page H2398]]
The gentleman from Georgia has 38 minutes remaining.
Ms. LOFGREN. Mr. Chair, I reserve the balance of my time.
Mr. LOUDERMILK. Mr. Chair, I yield 2 minutes to the gentleman from
Michigan (Mr. Upton).
Mr. UPTON. Mr. Chairman, I have long been a supporter of campaign
finance reform. I voted for motor voter. I voted for McCain-Feingold
the year in the House it was Shays-Meehan. I supported the Help America
Vote Act in 2002.
There are plenty of flaws in the current system. That is for sure.
And we need to fix it. But you know what? We have a Democratic House,
and we have a Republican Senate, and the only way that we are
reasonably going to fix this issue is with a bipartisan bill.
I am the only Republican here today who was here in 1993 when we
passed the motor voter bill. This was a bill that was patterned after
what Michigan has had in place for decades. When you get your driver's
license, you are asked to register to vote. It works.
This bill, H.R. 1, is not bipartisan. One of our big objections is
truly the taxpayer-financed campaign element of this bill.
If you do a poll today across the country, you are going to find that
most voters are going to say that campaigns are too expensive; they are
too negative; and, yes, they are too long.
We are going to have thousands--thousands--of candidates running for
Congress. They are all going to be eligible for this match from the
Treasury for any contribution under $200, with a 6-to-1 ratio, so we
are going to have more money in politics, and we are not going to have
the transparency that I think all of us want.
If we are going to fix the problem, let's sit down; let's have
regular order; let's have all the committees with some jurisdiction sit
down and have Republicans and Democrats work together on a committee
process that we can pass in a bipartisan vote that will get the
attention of the Senate, and maybe we can do something about the
problems today.
Ms. LOFGREN. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes), the one person who probably has worked harder
than anyone else on this bill.
Mr. SARBANES. Mr. Chair, I thank the gentlewoman for yielding.
Mr. Chair, last year, in the 2018 election, a powerful message was
sent to this Congress that the public wants us to clean up our
politics, fight corruption, unrig the system, and make sure that voting
rights are protected.
I think part of the reason the message was so strong is that, for the
last 8 years under a Republican Congress, there has been no progress
made on any of those priorities, so there is this pent-up demand out
there among the public. They want their voice back. H.R. 1 is our
opportunity to give them their voice back.
The message they are sending is very simple. The first message is:
Make it possible for us to get to the ballot box without running an
obstacle course.
It is inconceivable, it is incomprehensible, that more than 50 years
after John Lewis, our colleague, was bloodied on the Edmund Pettus
Bridge protesting for voting rights, we still can't get it right in
America when it comes to voting.
That is ridiculous. We need to make it more possible to register and
vote in this country so that people can get to the ballot box and their
voices can be heard. That is one thing they are saying to us.
The other thing they are saying to us is, when you get to Washington,
if you are a lawmaker, if you serve in an office of public trust,
behave yourself, abide by ethics, be accountable to the people,
remember who sent you there, and be transparent. We have provisions in
H.R. 1 that strengthen ethics and accountability, as we should.
The third thing they said to us, loud and clear, was, when you get to
Washington, don't get tangled up in the money, don't let the special
interests and the insiders call the shots on priorities in Congress,
remember who sent you, and fight for us. So we have measures in here to
clean up the campaign finance system, create more disclosure,
transparency, so we know where that secret money is coming from,
building a new system of funding campaigns in America that is not owned
by the special interests and the big money.
The Acting CHAIR (Mr. Butterfield). The time of the gentleman has
expired.
Ms. LOFGREN. Mr. Chair, I yield an additional 1 minute to the
gentleman from Maryland.
Mr. SARBANES. Let's build a new system of funding campaigns in
America that is not owned by the special interests and the big money
and the insiders. Let's build a system that is owned by the American
people, where they call the shots, where small donors can have their
contributions matched so that their voice is amplified, so they are the
ones who run the show, so candidates go to them and listen to what they
have to say instead of hanging out with the lobbyists and the big-money
crowd.
That is what this bill offers.
My colleagues on the other side keep talking about how this is going
to be taxpayer money for this system. Find me the provision. There is
no provision in this bill that says that any taxpayer money is going to
go to this system, because it is not.
We have come up with an elegant solution where we go to the
lawbreakers, the people who are leaning on our system and breaking the
law, and we ask them, with a small surcharge, to contribute to this
fund. That is where the match will come from.
We are going to the people who aren't playing fair with our system,
and we are asking them to underwrite a clean election system. That is
how it should work.
Let's restore the voice of the people. Let's pass H.R. 1.
{time} 1530
Mr. LOUDERMILK. Mr. Chairman, I yield myself such time as I may
consume.
I appreciate the gentleman and the author of the bill and his
comments. Are there some good ideas in this bill? Absolutely. The
States already have them implemented. Early voting. Great idea. Georgia
did that many years ago; even included Saturday voting.
It is improper for the Federal Government to be the arbitrator of
these, to push these down upon the American people. That is something
that has been reserved for the States and the States have been doing
those well.
Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Smucker).
Mr. SMUCKER. Mr. Chairman, Democrats have been marketing H.R. 1 as a
necessary election reform measure, but the ugly truth is that this bill
is not for the people. It is for the Democratic Party.
The ugly truth is that this bill is a massive Federal overreach. The
ugly truth is that this bill won't make our elections safer or more
democratic. The ugly truth is that this bill would fundamentally change
the principles of our election system, all at a cost to the average
American taxpayer.
And this bill would infringe on the rights of our colleges and
universities, where so many students go to learn and grow, outside of
the influence of politics.
Instead of promoting the freedom of ideas, this bill limits the right
to free speech. The ugly truth is this bill violates the U.S.
Constitution, the document which makes our country so great.
Instead of calling this bill the For the People Act, it should be
called the ``Democrat Politician Protection Act.''
This bill is nothing but a top-down power grab to take our election
system, reverse it, and send it completely off course. Beyond that,
this bill contains numerous provisions attempting to weaponize our
institutions of higher learning, where people go to learn.
H.R. 1 forces our colleges and universities to divert resources to
election-related tasks, including provisions for colleges and
universities to automatically register students to vote.
Students could also establish a second residency, which is,
essentially, another way of weakening the voting system and giving
them, potentially, the right to vote not once, but twice. You heard
that right. There are no other people in our country who get to be
registered to vote in two locations. Under H.R. 1, this could be
allowed.
Article I, section 4 of our Constitution gives States the right to
determine their own registration and voting practices, not our Federal
Government.
[[Page H2399]]
This bill blatantly violates our own constitutional rights as well as
the rights of our higher education institutions.
The Acting CHAIR. The time of the gentleman has expired.
Mr. LOUDERMILK. Mr. Chairman, I yield the gentleman from Pennsylvania
an additional 30 seconds.
Mr. SMUCKER. As the Republican leader on the House Education and
Labor, Higher Education and Workforce Investment Committee, we should
be focusing on making colleges more affordable and helping more
students complete their degrees, not subjecting them to electioneering
efforts.
I cannot support a Federal overreach into places where students
should be free to learn without the influence of politics. We must
reject this overreach. We must speak now and stand up against this
power grab before it is too late.
I will be voting against this measure, and I urge my colleagues to do
the same.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Lee), a leader for civil rights and justice in our
country.
Ms. LEE of California. Mr. Chairman, I want to thank Chairwoman
Lofgren for yielding, but also for her tireless leadership on so many
issues that confront our country today.
I rise in strong support of H.R. 1, the For the People Act of 2019.
It is a historic bill to restore the promise of our Nation's democracy
and repair our democratic institutions. H.R. 1 represents a coordinated
effort to protect and promote the voting rights of all Americans.
H.R. 1 would also end the culture of corruption in Washington; reduce
the role of big money in politics; and make it easier, not harder, to
vote.
Mr. Chairman, let me be clear. The right to vote is a sacred civil
right in our Nation, but we know that there are those who want to turn
the clock back on voting rights and suppress minority voters. There are
those who want to undercut the power and representation of communities
of color and, really, lock us out of the political process.
With this historic bill before us we say, ``Enough is enough.''
Instead, H.R. 1 will ensure that every eligible voter has the chance to
participate in our democracy.
This bill also includes important provisions to ensure clean and fair
elections. I urge my colleagues to vote ``yes'' on this bill and vote
``yes'' to restoring our democracy once and for all.
Mr. LOUDERMILK. Mr. Chairman, I yield myself such time as I may
consume.
I do want to commend my colleagues on the other side of the aisle for
something that they have accomplished with H.R. 1, and that is unity,
because this bill has brought the American Civil Liberties Union,
National Right to Life, The Heritage Foundation, and the U.S. Chamber
in unity in opposition to this bill, something that I thought I would
never see happen here in Washington, D.C.
Mr. Chairman, I yield 4 minutes to the gentleman from Georgia (Mr.
Collins).
Mr. COLLINS of Georgia. Mr. Chairman, I do appreciate that because I
am very concerned, after two straight weeks of Democrat bills, I am
going to have a 100 percent voting record with the ACLU. That is
something new as we go forward here; although I think they do good
work, I just didn't know we were going to agree so soon on this.
Mr. Chairman, I am going to describe the terrible policy behind the
provisions of H.R. 1 in the jurisdiction of the Judiciary Committee.
It is amazing, also, that we just did this without going through,
because we didn't want to mark this up in areas because we didn't want
to see what was in it; because here is what is going to happen:
First, the bill creates a private cause of action for lawsuits
related to the Help America Vote Act of 2002. That means the bill
allows anyone to sue anybody if they don't like the way an election was
conducted in a locality, State, or nationwide.
Do you all remember the lawsuit Bush v. Gore? In 2000, Democratic
Presidential candidate Al Gore didn't like the results of the vote in
Florida. If he could get the Florida results overturned, he would have
had enough to win the Presidency. So he sued to get the Florida results
overturned by a court. The case went all the way up to the Supreme
Court which finally stopped the recount after a month of legal
wrangling that made America look like its elections were determined by
lawyers, not voters.
Well, guess what? We are bringing them back. Here they come in,
because under this bill today, you won't just see more cases like Gore
v. Florida. You will see all sorts of lawsuits; Everybody v. Everybody.
Does a candidate need 1,000 more votes to win? Then a candidate can
sue in two or three counties and see if a judge will order those votes
into their vote column.
Does a candidate need a few more votes? Then under this bill, they
could sue in a dozen counties. Need a million votes? This bill allows a
losing candidate and disgruntled activists to sue in all 50 States:
Gore v. Georgia, Gore v. Oklahoma, Gore versus any state that it takes
to gather enough judicial relief to cobble together an election
victory, taking time and money away from State and local elected
officials who desperately need that money to administer free and fair
elections; not pay bogus legal fees.
The Help America Vote Act of 2002 was enacted to precisely avoid
future lawsuits like Gore v. Florida. Now this bill will undo all that
and make matters worse in the process.
Second, this bill takes powers away from voters and gives it to
convicted criminals by denying State voters their constitutional right
to limit voting by people who have been convicted of murder, violent
felonies, or other serious crimes including, by the way--get this--
voter fraud.
These provisions are patently unconstitutional. The Supreme Court,
including liberal Justices Ginsburg, Breyer, Sotomayor, and Kagan, all
held, just a few years ago, mind you, that:
Surely nothing in the Elections Clause of the Constitution
lends itself to the view that voting qualifications in
Federal elections are to be set by Congress.
Further, the 14th Amendment of the Constitution itself explicitly
recognizes the rights of States to deny the vote for ``participation in
crime.''
Third, this is what happens when you bypass the committee process. I
spoke about this one on the floor already last week. Here we go again.
The new majority doesn't like committees.
A provision in the bill, at page 99--listen to me clearly--lines 7-12
of the Committee Print, states:
No person, whether acting under color of law or otherwise,
shall intentionally hinder, interfere with, or prevent
another from voting, registering to vote, or aiding another
person to vote in an election.
That text, if read strictly, says it makes it illegal to prevent a
four-year old from voting, to prevent an illegal alien from voting, and
to prevent any other non-qualified person from voting. This same
provision again appears in pages 102 and 103, and adds a criminal
penalty of up to 5 years in prison and a $100,000 fine.
Now here is the problem. The problem is that provision I just quoted,
doesn't refer to a person's exercising the right to vote; that is
voting when they have a legal right to vote. The standard term used
when a statutory provision is aimed at protecting legitimate voters
from voting refers to the denial or abridgment of the right to vote.
Now, listen, because this provision doesn't contain those key terms,
meaning the provisions would literally make it illegal to prevent
illegal voters from voting, we shouldn't be making it a crime--
The Acting CHAIR. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield an additional 30
seconds to the gentleman from Georgia.
Mr. COLLINS of Georgia. We shouldn't be making it a crime for
election officials to do their job.
Remember, we can't prevent illegal voters from voting under this
bill, which makes it--they have no legal right to vote illegally.
Every illegal voter cancels the vote of a legal voter. This was
recognized in the Supreme Court case, Reynolds v. Sims and, in that
case it was said:
The right to vote can be denied by a debasement or dilution
of the weight of a citizen's vote just as effectively as by
wholly prohibiting the free exercise of that franchise.
[[Page H2400]]
Look, an illegal vote negated the vote of a legal voter. This bill,
my colleagues across the aisle, you are getting ready to vote for a
bill that actually could negate legal voting.
I could go on for days. This is why committees matter. This is why
this bill is bad. Why do we keep doing this and running away.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Kilmer).
Mr. KILMER. Mr. Chairman, I want to start by saying thank you to
Congressman Sarbanes for his important work on leading this
legislation.
I am proud that we are bringing forward H.R. 1 to restore faith in
the legislative branch, because right now Congress is less popular than
head lice and colonoscopies. That is because every time my constituents
see a bill that is written behind closed doors, or see a government
shutdown, or see floor debate that looks like the Jerry Springer Show,
they need to see a restoration of faith in government.
This bill will protect voting rights, strengthen ethics rules, and
reduce the role of big money politics. It will refresh our democracy;
and that is why the new Democrat coalition has endorsed this bill.
Listen, we don't talk enough about it. This bill includes bipartisan
provisions in support of good government. It includes a bipartisan bill
that I am leading, the Restoring Integrity to America's Elections Act,
which would reform the Federal Election Commission, and enable it to
weed out campaign finance abuse, and hold those who skirt the rules
accountable.
It includes the Honest Ads Act, my bipartisan bill.
The Acting CHAIR. The time of the gentleman has expired.
Ms. LOFGREN. I yield the gentleman from Washington an additional 30
seconds.
Mr. KILMER. It includes the Honest Ads Act, my bipartisan bill that
would shine a light on the murky world of online political advertising
by requiring digital ads to meet the same disclosure requirements as
print or broadcast ads.
Americans deserve to know who is paying for political ads that they
see online. They deserve to know that the Nation's election watchdog is
back on the beat. They deserve to have their voices heard in Congress
again. That is why this bill is important. That is why I urge my
colleagues to support this bill.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield 2 minutes to the
gentleman from Kentucky (Mr. Barr).
Mr. BARR. Mr. Chairman, I rise today in strong opposition to H.R. 1.
This is my fourth term in the U.S. House of Representatives, and I
can say, without reservation or equivocation, H.R. 1 is the single
worst, most unsound, unconstitutional legislation that I have seen in
my 6\1/2\ years in Congress.
The bill federalizes elections in violation of basic constitutional
principles, usurping States' primary authority over the conduct of
elections, including Federal elections.
The bill effectively legalizes voter fraud, and destroys the
integrity of elections by degrading the accuracy of registration lists,
ensuring duplicate registration and registration of ineligible voters.
The bill unconstitutionally rations core free speech protected by the
First Amendment by empowering a powerful partisan bureaucracy to impose
onerous legal and administrative compliance burdens and costs on
candidates, citizens, civic groups, and nonprofit organizations. These
provisions violate the First Amendment; they protect incumbents; and
they diminish the accountability of politicians to the public.
And finally, worst of all, the bill gives welfare to politicians,
coercing Americans to support candidates with whom they fundamentally
disagree. This doesn't enhance democracy, the idea that we, the people
establish a government based on the consent of the government. It
corrupts democracy by taking away the fundamental right of the people
to choose their own representatives, and giving it to a partisan
election bureaucracy in Washington, D.C.
Mr. Chairman, Soviet dictator Joseph Stalin once famously said:
The people who cast the votes don't decide an election; the
people who count the votes do.
H.R. 1 would ``Stalinize'' American elections by legalizing voter
fraud, giving partisan election bureaucrats the power to ration free
speech, and by coercing Americans to support candidates and causes with
whom they fundamentally disagree.
I urge everyone, for the sake of the First Amendment and for our
Constitution, vote ``no.''
Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
Before yielding to the gentlewoman from Michigan, I would just like
to quote one of the most conservative justices, who said that ``the
public has an interest in knowing who is speaking about a candidate
shortly before an election.'' That was in the Citizens United decision.
{time} 1545
Now, I didn't agree with that decision, but the court posited that
the solution to the dark money that they were unleashing on the country
was disclosure, and that is what this bill does.
Mr. Chair, I yield 1 minute to the gentlewoman from Michigan (Ms.
Tlaib).
Ms. TLAIB. Mr. Chair, today I rise in support of H.R. 1, the For the
People Act. H.R. 1 will restore our democracy.
We need a comprehensive bill, Mr. Chairman, that takes action on what
the people sent us to Congress to do: to work on their behalf and to
ensure that government is truly for, by, and of the people; and we must
demand it immediately.
We know that today many people, especially those at home in my
congressional district in the 13th, various communities of color across
this country, continue to face voter disenfranchisement while trying to
exercise their right to vote and make their voices heard. We must
acknowledge this injustice and remedy it immediately.
We need to have stricter rules, Mr. Chair, rules of conflict of
interest when it comes to the offices of the President, the Vice
President, and the appointees, including the reaffirmation of the
requirement to divest in business interests. We do that with H.R. 1.
I commend my colleagues for the additional language requiring both
that language for the executive branch, trading individual stocks, and
so forth.
The Acting CHAIR. The time of the gentlewoman has expired.
Ms. LOFGREN. Mr. Chair, I yield an additional 15 seconds to the
gentlewoman.
Ms. TLAIB. Mr. Chair, we can't allow our democracy to be tainted. We
must demand that our government is stronger, more transparent, and more
accessible for all of our Americans.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield 2 minutes to the
gentleman from North Carolina (Mr. Meadows), my good friend.
Mr. MEADOWS. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, let's be clear: H.R. 1 takes money from hardworking
American taxpayers and puts it straight in the pockets of politicians.
Let me be abundantly clear: This bill that the Democrats have
proposed provides taxpayer funding for Federal campaigns, Mr. Chair.
By voting for this bill, the Democrats are voting to take the
American hardworking taxpayers' money and actually give it back to be
used for their own campaigns. By voting for this bill, the Democrats
are saying, ``We deserve to stay elected.''
This is a money grab for politicians. This unfairly benefits elected
incumbents. It protects career politicians. Under the guise of campaign
finance reform and dark money reform, this 600-page bill does nothing
but fill the campaign coffers of people who have already been elected.
Not only that, this bill now includes a tax stuck in last night as a
manager's amendment in Rules. Yes, they are wanting to tax American
citizens to make sure that they get reelected and put money back in
their own campaign.
Mr. Chair, if this is how the majority party believes that we are
going to get transparency in Congress, it is not doing it. It is not
living up to that.
I find it even interesting, because it seems to trample on our First
Amendment rights to speak freely and voluntarily participate in the
process that we hold as a privilege of electing our elected leaders. To
top it off, Mr. Chair,
[[Page H2401]]
they want you and every hardworking American taxpayer to pay for it.
Now, I can see it coming up, because it is going to come very soon,
and they may talk about all the wonderful virtues of this particular
bill, but when they vote for it, they are actually voting to send
taxpayer moneys to get me reelected. So I look for that endgame when we
say: Democrats vote to give $3.5 million to reelect the Freedom Caucus
chairman.
I don't think that that is what America is all about.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, before I reserve, may I
inquire as to how much time is remaining.
The Acting CHAIR. The gentleman from Illinois has 24 minutes
remaining. The gentlewoman from California has 37\1/4\ minutes
remaining.
Ms. LOFGREN. Mr. Chair, I yield myself as much time as I may consume.
Mr. Chairman, before yielding to the chairman of the Homeland
Security Committee, I would just like to say that saying it is tax
money does not make it so. We have prohibited appropriations into the
freedom from influence fund. The total source of funding is a 2.75
percent assessment on people who have committed tax crimes or corporate
malfeasance.
Mr. Chair, I yield 2 minutes to the gentleman from Mississippi (Mr.
Thompson), the chairman of the Homeland Security Committee.
Mr. THOMPSON of Mississippi. Mr. Chairman, I thank the gentlewoman
from California for giving me the time.
Mr. Chair, I rise today in strong support of H.R. 1. Last Congress,
House Democrats sought to address Russia's meddling in the Presidential
election. Unfortunately, the then-majority would not prioritize the
issue, so Democrats formed a Congressional Task Force on Election
Security, which I co-chaired.
In February of 2018, after a series of public meetings with experts
in national security, cybersecurity, and election administration, the
task force released a report charting a course for how we could better
protect our election infrastructure.
I am pleased that H.R. 1 includes the Election Security Act,
legislation I introduced to implement the task force's recommendation.
Under the Election Security Act, States are provided surge funding to
replace decades-old, outdated election equipment with more modern,
secure technologies.
Additionally, to move the Nation off the crisis-to-crisis model we
have been on, it provides grants, ongoing maintenance, and security. It
also improves transparency with election infrastructure vendors and
provides cybersecurity training to election officials.
Last month, at my committee's hearing on election security, some of
my Republican colleagues balked at the bill's price tag. Mr. Chair, to
put the bill's cost in context, the $1.8 billion provided here to
secure our elections from the Russians and other foreign adversaries is
half of what Congress provided in response to the hanging chads.
For the sake of our democracy, we cannot leave State and local
election officials to fend for themselves against sophisticated
adversaries like Russia. We have to help.
The Acting CHAIR. The time of the gentleman has expired.
Ms. LOFGREN. Mr. Chair, I yield an additional 15 seconds to the
gentleman.
Mr. THOMPSON of Mississippi. Mr. Chair, I thank the gentlewoman from
California (Ms. Lofgren) for yielding.
Mr. Chair, before I close, I would like to thank Speaker Pelosi,
Chairwoman Lofgren, and Mr. Sarbanes for all the work they and their
staffs have done to bring this important measure to the floor.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield 2 minutes to the
gentleman from Nebraska (Mr. Bacon).
Mr. BACON. Mr. Chair, today I rise in opposition to this effort to
conduct a hostile takeover of our elections by Washington, D.C.
H.R. 1 is nothing less than an attempt by the majority party to
federalize our election system, strip all authority from the States,
and create government-funded political campaigns. All of this will
increase the election system's vulnerability for fraud and restrict
free speech.
The legislation we consider today will have a long-lasting,
devastating impact on our elections:
H.R. 1 will create a 6-to-1 government match for all small donor
contributions. This means government funds will be going to help pay
for more campaigns, more TV, more radio ads. Americans will be
compelled to bankroll candidates they don't support.
My sister, a staunch Republican, shouldn't have to have her hard-
earned money go towards Democratic candidates. Her son, a staunch
Democrat, shouldn't have his hard-earned money go towards a Republican.
If H.R. 1 is to become law, it will place limits on freedom of
speech, putting vague standards on groups who wish to advocate for any
legislative issue. This is why even the ACLU does not support H.R. 1.
And when the ACLU doesn't support a Democratic election bill, you know
it is wrong.
Our Nation was built on individuals advocating for their beliefs. It
is our right to advocate the way we wish for a cause we believe in.
If a survivor of domestic violence wishes to quietly donate to a
cause dedicated to fighting domestic violence, should the Federal
Government be able to come in and publicize their donation? In some
States who have done this recently, we have seen donors of advocacy
groups be harassed and chased out of their jobs.
H.R. 1 is another example of the Democrats saying Washington knows
best. Not one secretary of state was consulted in the drafting of this
legislation. In the Constitution, our Founding Fathers give the
authority to the States to regulate their own elections.
Simply put, this is a power grab, a power grab by Democrats.
Mr. Chair, for these reasons, I urge my colleagues to not support
this legislation.
Ms. LOFGREN. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, before yielding to the gentleman from New Jersey, I would
like to just address a couple of simple points.
The DISCLOSE Act really pivots off the Supreme Court decision in
Citizens United. And as they said in that decision: Disclaimer and
disclosure requirements impose no ceiling on campaign-related
activities and do not prevent anyone from speaking.
Concern has been expressed about the ability to remain private. That
is provided for in this bill. It is simple. If you don't want to be
disclosed, note that your donation is not for campaign purposes, and
you will not be disclosed.
Further, there is an express protection provided for any donor who
fears that they may face threat of harassment or reprisal. So we have
thought of this, and this was dealt with in our markup.
Mr. Chair, I yield 2 minutes to the gentleman from New Jersey (Mr.
Pascrell).
Mr. PASCRELL. Mr. Chairman, the legislation on the floor today
contains within it the Presidential Tax Transparency Act, a bill that I
lead with our prime sponsor, Representative Anna Eshoo from California.
This legislation requires sitting Presidents as well as future
Presidential and Vice Presidential candidates to release 10 years of
their tax returns.
The manager's amendment is right to add disclosure of returns of any
business in which the candidate is a prime owner.
These commonsense transparency measures will codify into law the
precedence of Presidential candidates releasing their tax returns, a
precedent that goes back to Richard Nixon.
President Trump broke with more than 40 years of this precedent when
he declined to release his tax returns, despite promising to release
them. He has yet to do so, and recent polls show 64 percent of
Americans support their release.
Thanks to the Oversight Committee, we now have on-the-record
testimony in evidence that this President may have committed crimes as
President. Michael Cohen received reimbursement for illegal campaign
contributions from Trump directly. If President Trump wrote these
payments off as a business expense, that would constitute fraud, and
his returns will show that.
In addition, The Trump Organization allegedly inflated their revenue
in financial documents to obtain loans. The business' tax returns would
show whether their profits were accurate or if they filed fraudulent
documents.
[[Page H2402]]
The President's conflicts of interest and finances must be
investigated.
With H.R. 1, we are setting down a marker that we expect standards of
ethics and transparency for all Presidents going forward. With norms
and precedents being shattered daily, Congress must codify certain
norms into law. The law is on our side, 6103.
The Acting CHAIR. The time of the gentleman has expired.
Ms. LOFGREN. Mr. Chair, I yield an additional 30 seconds to the
gentleman from New Jersey.
Mr. PASCRELL. Mr. Chair, I support H.R. 1 for taking needed steps to
get dark money and foreign money out of our politics; restore voting
rights that are under assault in States around the country; improve our
election security, as you heard the last gentleman say, Bennie
Thompson; and restore integrity to our democratic process.
In too many States, the clock is turning back on voting rights and
election integrity. Voter suppression has become a scourge in our
democracy. For anybody to deny it on this floor, they haven't been in
the country.
Mr. Chair, these reforms are long overdue. I urge my colleagues to
vote ``yes.''
The Acting CHAIR. Members are reminded to refrain from engaging in
personalities toward the President.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield 2 minutes to the
gentleman from California (Mr. McClintock).
Mr. McCLINTOCK. Mr. Chair, I thank the gentleman for yielding.
Mr. Chairman, consent of the governed is the cornerstone of our
democracy. In America, the people are sovereign, and we govern through
the votes that we cast. At the very core of this process are fair and
free elections.
Every citizen should be free to express themselves and to vote, and
no citizen should ever be muzzled or have their legitimate vote
canceled out by a fraudulent one.
{time} 1600
By definition, one side is always going to be disappointed with the
outcome. That is why it is essential that both sides are confident that
they were treated fairly.
Democracies die when one party seizes control of the elections
process, eliminates the safeguards that have protected the integrity of
the ballot, places restrictions on free speech, and seizes the earnings
of individual citizens to promote candidates that they may abhor.
That is precisely what this bill does today. It destroys the
bipartisan composition of the Federal Election Commission and places a
partisan majority in control of every aspect of our Federal elections.
It imposes limits on free speech, and that has earned the opposition of
the American Civil Liberties Union. It matches a contribution of $200
given to a candidate with $1,200 taken from others who may oppose that
candidate.
Worst of all, it undermines the integrity of the ballot and opens the
floodgates to fraud. The purpose of registration periods is to allow
parties to canvass the rolls and challenge improper registrations,
while ensuring candidates know exactly who is going to be voting.
The reason we require election day voting at a polling place is to
ensure voters cast their ballots in secret after they have heard the
entire debate and after verifying their identity to their neighbors.
This bill sweeps away these few remaining vestiges of ballot integrity.
Democracies die by suicide, and we are now face-to-face with such an
instrument.
Ms. LOFGREN. Mr. Chairman, I am honored to yield 1 minute to the
gentlewoman from New Jersey (Mrs. Watson Coleman).
Mrs. WATSON COLEMAN. Mr. Chairman, I thank the gentlewoman for
yielding to me.
Mr. Chairman, I rise today in support of H.R. 1, the For the People
Act.
America is not a democracy if we don't protect the right to vote. We
should be expanding voter rolls and making every single American voice
heard at the ballot box, and that includes currently and previously
incarcerated Americans. A mistake made and paid for should not strip
your constitutional rights and silence you for life.
I offered an amendment to this bill that would have included those
Americans in our democracy, however, I have withdrawn that amendment at
this time. I will continue to work with my colleagues to fight for re-
enfranchisement for these Americans.
Mr. Chairman, I close by noting that this bill represents a paradigm
shift in our approach to voting rights, and it is a reflection of the
priorities of Democratic leadership in this body. It is long overdue
and exactly the type of legislation that went overlooked until
Democrats retook this Chamber.
Mr. Chairman, I urge all my colleagues to support our democracy by
voting for its passage.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, it gives me great
pleasure to yield 3 minutes to the gentleman from Louisiana (Mr.
Scalise), the most courageous Member of Congress that I know, the man
who bleeds tiger blood.
Mr. SCALISE. Mr. Chairman, I thank my colleague from Illinois for
those kind comments. Go Tigers.
Mr. Chairman, I rise in strong opposition to this bill that instead
of being called For the People Act should be called ``For the
Politicians Act.'' Let's take a look at some of the provisions of this
bill that involve a Federal takeover of the elections process.
First of all, section 5111 of the bill will allow billions of dollars
of taxpayer money to be funneled into political campaign accounts. That
is your hard-earned dollars, in many cases, going to fund a candidate
for office that you oppose. Think about that.
Now let's look at section 1402 of this bill, Mr. Chairman, where they
allow felons to vote. Let's take, for example, a State that might have
a law against felons voting, heavily debated in the State, where they
are allowed that ability to set their laws enshrined by the
Constitution. Here comes the Federal Government telling a State, for
example, that if somebody went to Federal prison for voter fraud, they
now have to let them be involved in the political process and vote,
even though their own State law prohibits that person who was a felon
for voter fraud.
One thing we can't even get an answer on--and there are many,
unfortunately--we can't even get an answer on the cost of this bill.
Many estimates are that it will be billions of dollars, but nobody can
truly tell you because they continue to make changes after changes
without even going through the normal committee process that should
have been done.
If you look at the felons who can vote, think, for example, Mr.
Chairman, a State--and many States have laws against felons who are
child molesters from going into public schools. In many places, the
polling location is a school. Under this bill, if someone who is
convicted as a felon of molesting children and is banned by that State
from going into the school, if they show up on election day, now, under
this law, they have a hall pass. They can go into the school because of
this new Federal law where the State said that child molester shouldn't
be allowed in the school.
Again, it goes on and on, the kinds of things you can't even get
clear answers on.
What would the cost be? Because they tell you the felons would be
able to vote in the Federal election, but if your State law says they
can't vote, then you have to have multiple ballots. If somebody shows
up to vote, the State is going to have to try to figure this out at
what cost to the State, not only the billions it costs the taxpayers?
This bill enshrines voter fraud in so many different places. Many
States have voter integrity laws to make sure that the person who votes
is the person who is the name on the roll. This says you don't even
have to have an ID if the State has a voter ID law. You can show up and
just sign your name. You can say this is who I am, and you can vote.
The Federal law overrides the State law in this case.
The Acting CHAIR. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield an additional 30
seconds to the gentleman from Louisiana.
Mr. SCALISE. Finally, I would like to talk about the constitutional
infringements. And don't take it from me. Let's take groups as
divergent as the ACLU and National Right to Life that all cite serious
First Amendment concerns.
ACLU says provisions ``unconstitutionally impinge on the free speech
[[Page H2403]]
rights of American citizens and public interest organizations.''
National Right to Life: Enactment of H.R. 1 ``would not be a curb on
corruption, but itself a type of corruption, an abuse of the lawmaking
power, by which incumbent lawmakers employ the threat of criminal
sanctions . . . to reduce the amount of private speech regarding the
actions of the lawmakers themselves.''
This is a bad bill. It ought to be rejected.
Ms. LOFGREN. Mr. Chairman, how much time remains on both sides?
The Acting CHAIR. The gentlewoman from California has 30\1/4\ minutes
remaining. The gentleman from Illinois has 16\1/2\ minutes remaining.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from
New Mexico (Ms. Haaland).
Ms. HAALAND. Mr. Chairman, I rise today in support of H.R. 1 because
I want America to live up to its democratic principles, and that means
having a government that really is for the people and not just for
those with the means. This bill is about ensuring that all voters,
regardless of ZIP Code, race, or party, can participate in our
democracy.
I am proud that H.R. 1 includes a bill I introduced, the Same-Day
Voter Registration Act, which will increase access to the ballot box
across the country.
Same-day registration already exists in 17 States and the District of
Columbia. In those locations, more people, not fewer, participate in
elections.
I spent nearly two decades organizing to make sure New Mexicans,
including those in Indian Country and in rural America, have access to
our democracy.
This commonsense provision gets rid of arbitrary registration
deadlines, which often fall long before the real time needed to process
voter registration applications. Same-day voter registration is one of
many provisions in H.R. 1 that will make elections more accessible.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, this has been a long
debate. I am enjoying the discussion, enjoying the debate. This is why
we all came here to Washington.
Mr. Chairman, I yield 2 minutes to the gentleman from Ohio (Mr.
Jordan), my good friend.
Mr. JORDAN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, it is bad enough that this bill is going to tell States
how to run elections, bad enough this bill is going to require
taxpayers to finance the elections of politicians who created the swamp
so they can get back to the swamp, but what is most egregious about
this legislation is the attack on free speech.
As the whip mentioned, the ACLU has said we should vote no on this
bill because it unconstitutionally burdens free speech and association
rights. Let me tell you how it does it. It uses our old friend the IRS.
Remember just a few years ago the IRS systematically targeted people
for their political beliefs. They went after conservatives.
Now think about your First Amendment liberties, your right to
practice your faith the way you want to, the right to assemble, the
right to petition your government, freedom of the press.
What is the most fundamental liberty we have under the First
Amendment? Your right to speak and particularly to speak in a political
fashion, a political nature. That is what the IRS went after.
This bill does this. It gets rid of the schedule B protections that
are currently in law. It says the reason the protection of schedule B
information is important has nothing to do with vast conspiracies on
the right or left related to so-called dark money. Rather, it dates
back to the Supreme Court's 1958 decision NAACP v. Alabama. The Supreme
Court formally recognized First Amendment protection of the freedom of
association that prevented the NAACP from being compelled to turn over
information about its members.
What this bill will do today is, when this information has been
leaked, as it has already, everyday Americans will continue to receive
death threats, mail containing white powder, all because someone
disagrees with what they believe.
This bill should be defeated for one simple reason: It attacks our
First Amendment liberties, our most sacred rights. This bill goes after
it. That is why we should vote it down, and that is why I urge a ``no''
vote.
Ms. LOFGREN. Mr. Chairman, it is my honor to yield 5 minutes to the
gentleman from Maryland (Mr. Cummings), the chairman of the House
Oversight and Reform Committee.
Mr. CUMMINGS. Mr. Chairman, I rise in strong support of H.R. 1, the
For the People Act.
Mr. Chairman, I thank my friend, Congressman John Sarbanes, for his
vision and for his tenacity in introducing this bold and historic
reform package. He has given his blood, his sweat, and his tears, and I
thank him.
This sweeping legislation would clean up corruption in government,
fight secret money in politics, and make it easier for American
citizens across our great country to vote.
I have heard this bill dismissed as a ``power grab.'' In fact, it is
a power restoration. H.R. 1 would restore power to the American people
and break the hold of special interests.
For example, title VIII includes a bill that I introduced, the
Executive Branch Ethics Reform Act, which would ban senior officials
from accepting bonuses and other payments from private-sector employers
in exchange for their government service.
H.R. 1 would have prevented Gary Cohn, President Trump's former
economic adviser, from receiving more than $100 million in accelerated
payments from Goldman Sachs when he left to lead the Trump
administration's efforts to slash corporate taxes.
Title VIII also includes another bill that I introduced, the
Transition Team Ethics Improvement Act. This legislation would require
Presidential transition teams to disclose to Congress the team members
they submit to receive security clearances and which team members
receive security clearances.
This legislation also would require transition teams to have ethics
plans in place and to publicly disclose those plans.
H.R. 1 gives people the power to freely exercise their right to vote.
I have said quite often that when my mother died, at 92 years old, her
last words were not, ``Elijah, I love you.'' This former sharecropper,
her last words were: Elijah, don't let them take away our right to
vote.
I believe that we should be doing everything in our power to make it
easier, not harder, for American citizens to exercise their
constitutional right.
Unfortunately, some oppose our efforts. They think we should make
voting more difficult by cutting back on early voting, eliminating
polling places, and taking other steps to reduce the number of people
who do vote.
{time} 1615
In some cases, they have even engaged in illegal efforts to suppress
the vote and target minority communities. Just look at what happened in
North Carolina.
In 2013, State legislators requested data broken down by race on how
residents engaged in a number of voting practices. They then used that
data to enact legislation that restricted voting and voter registration
in five different ways that disproportionately affected African
Americans.
You do not have to take my word. The Fourth Circuit Court of Appeals
found that this legislation was enacted with discriminatory intent. In
fact, the Fourth Circuit said that in North Carolina legislation
targeted African Americans with--they said this--``almost surgical
precision.''
We are better than that.
In Georgia, we saw actions just last year by officials to remove
people from the voter rolls and prevent them from registering in the
first place. H.R. 1 would establish procedures to automatically
register people to vote, extend early voting, absentee voting, and give
additional funding to States to maintain polling sites so that they can
do their job.
This legislation would help make it easier for hardworking Americans
to find the time to vote by making election day a Federal holiday and
encouraging the private sector to follow suit.
Federal court after Federal court, there are ongoing efforts to stop
people from voting. So I will fight until my death to make sure that
every citizen, whether they be Republican, Democrat, Independent, Green
Party, or whatever, has the right to vote.
[[Page H2404]]
The American people gave this Congress a mandate to restore our
democracy, and we will clean it up.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield 2 minutes to the
gentlemen from Florida (Mr. Posey), my good friend.
Mr. POSEY. Mr. Chair, I thank the gentleman for yielding the
opportunity to speak about H.R. 1.
You have heard it called the ``Welfare for Politicians Act''; you
have heard it called the ``Democrat Politician Protection Act''; and
you have heard it called a very partisan proposal to hijack elections.
I think it may be all those things.
Historically, elections are based on three principles: number one is
fairness to everybody who votes, number two is that every vote counts,
and number three is that every voter should have the assurance or the
confidence that their vote was counted equally and was not compromised
in one way or the other. This bill does none of those things. If it
did, and if it was at all fair, it would have bipartisan support.
In 2000, after the contentious election between Bush and Gore, I was
chairman of the elections committee in the Florida Senate and charged
with reforming the election laws.
Working with the minority leader at the time, Steve Geller, we did
some historic things. We pioneered the provisional ballot. We pioneered
early voting. We got rid of punch cards and went to precinct-based
optical scanners that they said would cost Republicans 100,000 votes
statewide. It seems like the Republicans knew how to vote and the other
side didn't.
We did those things because it was fair and it was the right thing to
do. And as a result, for the past 19 years, our elections have worked
very well down there, except for two counties, very highly partisan
counties who didn't follow the rules.
The measure of credibility for election bills is whether or not you
have bipartisan support. Our legislation passed nearly unanimously, if
not unanimously. Here, this is very one-sided. It is not fair. If it
were fair, you would have a lot of support from this side.
And so I am for the other side to try and consider fairness a little
bit in this process so we don't go from one regime to another, back and
forth with election law that is not stable, is not good for the voters,
is not good for the United States of America.
Ms. LOFGREN. Mr. Chair, I yield 1 minute to the gentlewoman from the
District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chair, I thank my friend for yielding.
There is a reason that this bill is H.R. 1. It shows that we are not
there yet in building a more perfect democracy. Nothing illustrates
that better than H.R. 1's findings on D.C. statehood. These findings
document the District's long adherence to all the qualifications for
statehood.
Since the founding of the Republic, serving in all the Nation's wars,
paying Federal income taxes--in fact, leading the country, per capita,
in Federal income taxes paid today--if anything, H.R. 1's findings show
that the District is overqualified for statehood--witness the $2.8
billion surplus and its population larger than that of two States.
Yesterday marked 200 cosponsors for our D.C. statehood bill. Today,
passage of H.R. 1 would set a historic milestone, marking the first
vote for the necessity for D.C. statehood in the 218 years the District
has been the capital of the Nation.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, it is with great pleasure I
get a chance to introduce my good friend, whom I have known for a very
long time from Illinois.
Mr. Chair, I yield 2 minutes to the gentleman from Illinois (Mr.
Bost), and I would like to ask him to throw his papers in the air and
hit them when he is done with his speech, too.
Mr. BOST. Mr. Chair, I thank the gentleman for yielding. I think the
papers will remain on the table.
Mr. Chair, Speaker Pelosi said she wants to get money out of
politics. She said she wants free speech. But this sham puts more money
into politics. It doesn't offer free speech; it offers forced speech.
In fact, for every dollar contributed to a candidate, the American
taxpayer will be forced to contribute 6.
Now, let me say that again. For every dollar that is contributed to a
candidate, an American taxpayer will be forced to contribute 6.
You heard it right, a 6-to-1 match, whether you support a candidate
or not, whether you support their positions on life, the Second
Amendment, immigration, taxes, or anything else--6 to 1.
The bill would also require same-day registration, nationwide. States
already have the right to determine for themselves if they want same-
day registration. My home State of Illinois has it. But with it, can
come challenges in ensuring the accuracy of a voter's registration
information.
I believe that every single legitimate vote needs to be counted--
every single legitimate vote--but it must be a single vote. And we are
not just talking about one State. Multiply that by 50.
Without proper safeguards, my colleagues are leaving the States less
capable of managing their voter systems. That is a big problem. This is
a bad bill.
Mr. Chair, I urge the House to vote ``no.''
Ms. LOFGREN. Mr. Chair, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes), the prime author of this bill.
Mr. SARBANES. Mr. Chair, I thank the gentlewoman for yielding and for
all her hard work on this bill.
I am concerned that there is a collective delirium that seems to have
infected part of this Chamber. I keep hearing our colleagues on the
other side say that the public financing system, the 6-to-1 matching
system that we want to set up, is taxpayer funded.
Hear this: It is not taxpayer funded. It is not taxpayer funded. It
is not taxpayer funded.
It is lawbreaker funded.
We are setting up a fund, called the freedom from influence fund,
because we don't want the big money and the special interests to
exercise influence in our campaigns anymore.
The freedom from influence fund will be filled with dollars that come
from putting a surcharge, an assessment, on people who break the law:
corporations who have engaged in criminal activity or are subject to
civil penalties. Corporate malfeasance, that is where the dollars will
come from. The people who are breaking the law, they are going to fund
the freedom from influence account that will be there to match small
donations.
Now, let me tell you why it is so important that small donors be the
ones that have the power.
If you are a candidate and you have to raise money for your campaign,
right now, in order to raise the money you need, you have to go to the
deep pocket and the PACs and the lobbyists.
And here is what happens: You start to think like the company you
keep. So if you are hanging around with those folks because that is
where you are raising your money, you are going to start putting their
priorities first, not the public's priorities.
But if we have a 6-to-1 matching system funded by lawbreakers, not
taxpayers----
The ACTING CHAIR. The time of the gentleman has expired.
Ms. LOFGREN. Mr. Chair, I yield the gentleman from Maryland an
additional 1 minute.
Mr. SARBANES. Mr. Chair, if we have a matching system that gives
power to small donors, now the candidate is going to say: If I want to
raise money from my campaign and power my campaign, I am going to go
spend time with real people in my district. I am going to go to a house
party where somebody can give $25 or $50, and then that 6-to-1 match
will come in and I can power my campaign.
So instead of hanging out with the lobbyists on K Street or with the
big money donors or with the PACs and super-PACs, I am going to spend
time with people in my district. They are going to tell me what their
priorities are, and then I am going to go to Washington and I am going
to fight for them.
That is why we are creating this system: to take power away from the
PACs and the big money and the insiders who are calling the shots now
and give it back to the people. That is why this bill is called the For
the People Act.
So let's restore their voice, give them back the power that they
deserve, and give them their rightful ownership of their own democracy.
[[Page H2405]]
Mr. Chair, let's support H.R. 1.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, it is great to have the
author of the bill here on the floor.
I guess if I had a chance to ask a question, it would be why, then,
was this new corporate malfeasance fund put in the manager's amendment
that was given to me 30 minutes before our Rules testimony last night?
There are many concerns with this bill, and a lot of those concerns
hinge upon this 6-to-1 matching program that, in the end, is a new
mandatory spending program that will have to be funded, have to be
funded by the taxpayers to make up the difference if corporate money
that is now going to be used--that we can't take right now as
congressional candidates--is going to be used to fill the coffers of
the campaigns that this author talked about.
I had no idea that the Democrats' solution to getting corporate money
out of politics was to put more corporate money into campaign coffers
of every Member of Congress. It doesn't make sense to me, which is why
this bill doesn't make sense to me.
Mr. Chair, I yield 2 minutes to the gentleman from Arizona (Mr.
Biggs), my good friend.
Mr. BIGGS. Mr. Chair, I thank the gentleman from Illinois (Mr. Rodney
Davis) for yielding me time.
Let me just tell you that this really is a monstrosity of a bill, the
``Democratic Politician Protection Act.''
You see, H.R. 1 was referred to 10 committees, but only one marked it
up; 100 pages of this bill fell within the jurisdiction of the
Judiciary Committee. We had a hearing but we didn't get to mark it up,
which I think was designed--who knows why it was designed, but we
couldn't expose all the flaws of this bill.
Let me talk about two of them right now, because these both are
patterned after the Arizona law, oddly enough.
The Independent Arizona Redistricting Commission in Arizona, passed
by the voters, upheld by the United States Supreme Court, and guess
what. We are not going to qualify under this bill.
That redistricting commission produced, actually, a Democratic
majority, so we have a blue majority in the house now. But I tell you
what, the registration numbers all were for the red, but the IRC in
Arizona changed that.
But guess what. Under this bill, it is not good enough. It is going
to be taken out of the hands of the State and put in the hands of the
Federal Government.
{time} 1630
That is a violation of the Constitution and the spirit of electoral
law and redistricting throughout the country.
Let me talk about this, having heard now that this is going to be not
from taxpayers but from lawbreakers who are going to fund this.
Arizona has something called the Citizens Clean Elections Commission.
I was there when that came out, funded ostensibly by lawbreakers who,
oddly enough, are taxpayers. They are taxpayers. And guess what else?
Arizona's courts have said they are taxpayers and that the whole scheme
was problematic.
That is what is happening with this particular bill. It is rife with
problems throughout, but these two problems really are dilatory to this
bill. I urge Members to vote ``no.''
Ms. LOFGREN. Mr. Chair, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield 2 minutes to the
gentleman from Alabama (Mr. Palmer).
Mr. PALMER. Mr. Chairman, H.R. 1 is yet another case of Democrats
attempting a power grab from the States with no regard for the
Constitution and States' powers. The bill completely disregards the
fact that most States have successfully adopted their own process for a
fair and honest and constitutional election.
Thirty-eight States, including my home State of Alabama, have already
implemented some type of online voter registration, most with
safeguards to protect against fraud. Each State is different and has
unique circumstances and challenges that only the State and local
legislators can effectively address.
For instance, in Alabama, where we require voter identification, our
election officials recognize the rural nature of the State and have
taken steps to ensure that every person has a form of ID, which is
required to vote.
Alabama accepts seven different types of ID, including a student or
employee ID. They can get a voter ID card for free. The State even goes
so far as to have a mobile ID unit that will pick people up and take
them to an ID center at no expense.
That is why a Federal judge recently threw out a lawsuit against the
ID law because, in the judge's words: There is no person who is
qualified to register to vote who cannot get a photo ID.
One of the most important requirements for eligibility to vote is
citizenship. H.R. 1 requires States to maintain online voter
registration with no safeguards. They can simply upload an electronic
signature without any validation through a DMV database.
Many officials from States that have implemented online voter
registration will tell you that a huge obstacle is cybersecurity. Any
time parts of the process are connected to the internet, it opens it up
to hacking attempts.
My Democratic colleagues have spent the better part of 2 years
alleging there was Russian influence on the 2016 election. Now they
want to invite China to the party? What about Iran and North Korea?
Just this week, FBI Director Wray was asked if China's digital threat
was overblown. He responded: There is nothing like it.
Voter fraud and registration fraud are real threats to elections.
The Acting CHAIR. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield an additional 30
seconds to the gentleman from Alabama.
Mr. PALMER. Mr. Chairman, the Texas Attorney General recently
indicted four people as part of a vote fraud ring funded by the Texas
Democratic Party. Under the new automatic registration scheme in
California, they admitted to registering 25,000 ineligible voters,
including noncitizens. This bill even allows felons to register to
vote, even those who are felons for voter fraud.
Each State is unique, with their own circumstances and challenges.
Elections are a State matter, not a Federal matter. We should continue
to allow the States to act on their own and implement policies that
work best for their State rather than cede the fundamental base of our
liberty: our right to choose our leaders in honest and fair elections.
Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chair, I just want to make a couple of observations and perhaps
corrections.
It has been alleged that somehow the assessment on tax crimes and
corporate malfeasance has been transformed into taxpayer money--I think
that is clearly incorrect--but that if the money is insufficient, then
the taxpayers would be on the hook.
When we marked up the bill in the House Administration Committee, we
outlined how the money would be reduced if there were not enough money
in the fund; and in section 5101(f)(3), it talks about mandatory
reductions of payments in the voucher program. In 541(d)(2), it talks
about mandatory reductions in the congressional program and
Presidential and so on, if there were insufficient funds.
So there is no way under the terms of this bill that the taxpayers
could ever be on the hook for these funds, and I think it is important
to know that.
I want to talk a little bit about the concern about free speech.
I am an advocate of free speech. I think we all are and honor our
Constitution here in the House of Representatives. But the ACLU has a
storied history of litigating constitutional issues. They have done
good work, but we have differed on our approach to campaign finance
law, particularly on how to shine a light on secret, dark money in
elections.
The ACLU has opposed applying disclosure laws to organizations
spending money on electioneering communications, which are paid ads
that mention candidates in the days leading up to the election.
As we have mentioned earlier, the Court, in Citizens United, said the
public has an interest in knowing who is speaking about a candidate
before an election and pointed out that disclosure does not prevent
speech. I think that is one of the reasons why we have
[[Page H2406]]
gotten a marvelous letter from the National Association for the
Advancement of Colored People, the NAACP, which I include in the
Record.
National Association for the
Advancement of Colored People,
Washington, DC, March 4, 2019.
Re NAACP strong support for H.R. 1, legislation to greatly
improve and expand the democratic voting process
Hon. U.S. House of Representatives,
Washington, DC.
Dear Representative: On behalf of the NAACP, our nation's
oldest, largest and most widely-recognized grassroots-based
civil rights organization, I would like to urge you, in the
strongest terms possible to support through passage H.R. 1
and to oppose any weakening amendments. This legislation will
expand Americans' access to the ballot box, reduce the
discriminatory influence of big money in politics, prevent
voter fraud, and strengthen ethics rules and accountability
for public servants. H.R. 1 is supported and celebrated by
the NAACP: since our founding in 1909, free and unfettered
access to the ballot for all eligible Americans, and the
assurance that our vote has been counted, has been a critical
driver behind all that we do.
H.R. 1 represents a coordinated effort to protect and
promote the voting rights of all Americans. This vital
legislation includes many of the tools the NAACP has
identified throughout our nation as improving voter turn-out
and successful voter participation: it includes provisions to
establish on-line and automatic voter registration. H.R. 1
would require early voting in all states; voting would have
to start at least 15 days before an election, including
weekends. H.R. 1 would require same-day voter registration on
election-day and during early voting. Under a provision in
H.R. 1, states would be prohibited from restricting an
individuals' ability to vote by mail. H.R. 1 would require
that ``provisional ballots'' be counted and provides
assistance to states and localities in improving the
provisional ballot process. The measure would prohibit voter
caging, voter deception and voter intimidation. H.R. 1 also
promotes voter registration via the internet and establishes
a strict code of ethics for all federally elected and
appointed officials, including the President, the Vice
President, his cabinet, and every Member of Congress, so we
are not constantly distracted by the ``scandal of the day.''
H.R. 1 would also re-enfranchise ex-felony offenders who
have served their sentence and have been released from
prison. Because voting is such an integral part of being a
productive member of American society, the NAACP has
advocated strongly to allow felons who are no longer
incarcerated to reintegrate themselves into society and vote
in federal elections.
H.R. 1 also begins to fix the damage done to the crucial
1965 Voting Rights Act by the US Supreme Court decision in
Shelby v. Holder. The legislation specifically states that
Congress is committed to reversing the effects of the 2013
Supreme Court decision which effectively invalidated a
requirement that certain states and jurisdictions receive
federal preclearance on changes to voting procedures. Prior
to the Shelby decision preclearance was required for states
and local jurisdictions that had a history of voter
discrimination.
The measure would state that Congress should respond by
modernizing the electoral system to improve access to the
ballot, enhance voting integrity and security, ensure greater
accountability, and restore protections for voters. Finally,
but no less importantly, H.R. 1 contains strong provisions to
bring about genuine campaign finance reform measures which
will withstand the scrutiny of the Courts.
The NAACP strongly supports H.R. 1. This is not a partisan
issue: the right to vote should be supported by all Americans
who believe in democracy. We should be making voting and
involvement in the democratic process easier, not throwing up
barriers which may seem insurmountable to whole groups of
eligible voters. Should you have any questions or comments,
please do not hesitate to contact me at my office.
Sincerely,
Hilary O. Shelton,
Director, NAACP Washington Bureau and Senior Vice President
for Policy and Advocacy.
Ms. LOFGREN. Mr. Chair, I will not read the entire letter, but it
does say this:
``Dear Representative,
``On behalf of the NAACP, our nation's oldest, largest, and most
widely-recognized grassroots-based civil rights organization, I would
like to urge you, in the strongest terms possible, to support through
passage H.R. 1 and to oppose any weakening amendments.''
It goes on to say: ``This legislation will expand Americans' access
to the ballot box, reduce the discriminatory influence of big money in
politics, prevent voter fraud, and strengthen ethics rules and
accountability for public servants. H.R. 1 is supported and celebrated
by the NAACP.''
I would urge us to support this bill and listen to the advice that we
have received from the NAACP on this, and I reserve the balance of my
time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, it is interesting, my
colleague, Chairperson Lofgren, mentioned the NAACP, because the next
gentleman that I am going to introduce, he and I both share
Springfield, Illinois, which is known, after the 1908 race riots, to be
somewhat of the birthplace of the NAACP.
Mr. Chair, I yield 2 minutes to the gentleman from Illinois (Mr.
LaHood), my good friend.
Mr. LaHOOD. Mr. Chairman, I want to thank my colleague, Congressman
Rodney Davis, my good friend, for his strong leadership on this bill
and his strong leadership on the Committee on House Administration for
leading the way on this.
Mr. Chairman, I rise today strongly opposed to H.R. 1. Among the
numerous, egregious provisions of H.R. 1, I am here to shed light on
one proposal that has increased vulnerabilities in our election system
in our home State of Illinois.
Under H.R. 1, Democrats are proposing a blanket, nationwide mandate
for States to adopt same-day registration practices with no safeguards.
Once again, my colleagues across the aisle are advocating a Big
Government solution, but, in fact, they are threatening the integrity
of our elections at every level of government.
Coming from Illinois where same-day registration and other lax
election laws have been passed by our Democrat-controlled legislature,
uncertainty has followed. The practice of same-day registration has
caused confusion for our election administrators and has opened the
door to fraud.
Under same-day registration in Illinois, an individual can arrive at
their polling place with a copy of their utility bill and cast a full
ballot without being fully verified thanks to same-day registration.
Election officials are having difficulty verifying residents in a
timely manner, particularly on college campuses where students have
been told that they can use a receipt from Jimmy John's sub shop to
confirm their voting domicile.
Under H.R. 1, these vulnerabilities and problems will be seen across
the country and exacerbated by provisions that will allow individuals
to use sworn statements in place of government IDs when registering to
vote.
H.R. 1 fails to address issues our States and others have seen with
same-day registration. We need stricter standards for same-day
registration, but H.R. 1 fails to provide any sufficient enforcement
mechanisms to verify voter registration.
The Acting CHAIR. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield an additional 30
seconds to the gentleman from Illinois.
Mr. LaHOOD. Mr. Chairman, furthermore, H.R. 1 fails to deter bad
actors from taking advantage of the system by not criminalizing
fraudulent registrations.
Mr. Chairman, Republicans want more registered voters. We want more
Americans to fulfill their civic duty, but we can't simply push
legislation that jeopardizes the integrity of our election process and
potentially undermines our democracy.
H.R. 1 unconstitutionally mandates a one-size-fits-all Federal
approach to voter registration, fails to adequately address
vulnerabilities in our registration system, weaponizes the Federal
Election Commission, and, as the left-leaning ACLU says, infringes on
Americans' free speech right.
I strongly urge a ``no'' vote.
Ms. LOFGREN. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Speaker of the House, representing San
Francisco.
Ms. PELOSI. Mr. Chairman, I thank the gentlewoman for yielding, and I
commend her and congratulate her on her success in bringing this
important legislation to the floor of the House.
I want to salute our colleague from Maryland, Congressman John
Sarbanes, for being a relentless and persistent advocate, for honoring
the Constitution of the United States and giving people confidence that
their voice and their vote count as much as anyone's in this country.
That is what H.R. 1 is about: giving people confidence that we can do
what we say without the influence of big,
[[Page H2407]]
dark, special interest money weighing in on the process.
Our Constitution, Mr. Chairman, as you know, begins, ``We the
people,'' a beautiful statement of purpose for our Nation. ``We the
people.''
Our Founders envisioned a government that would work for the people,
serving the people's interests, fighting for their aspirations, hopes,
and dreams.
We have a responsibility to honor that vision of our Founders,
honoring our oath of office to uphold the Constitution of the United
States, honoring the sacrifice of our men and women in uniform for the
sacrifices that they make for our freedom and freedom throughout the
world, and worthy of the aspirations of our children. We can only do
this if we have a government that is committed to transparency, to as
much bipartisanship as possible, and to being unifying for our country.
In the election, the American people voted for just that. They voted
for a Congress that would restore transparency, bipartisanship, and
unity and be unifying in Washington, D.C., so that the government would
again--I can't say it enough--work for the people.
On day one, reflecting the priorities of our outstanding freshman
class, our new Democratic majority honored the people's trust by
introducing H.R. 1, the For the People Act.
Again, let me salute Congressman John Sarbanes, the chair of our
Democracy Reform Task Force, who was the godfather of this bill.
Today, we are proud to be bringing this transformative legislation to
the floor of the House. H.R. 1--and it is H.R. 1 because it is of
primary importance--restores the people's faith that government will
work for the people and not the special interests.
We are ending the dominance of big, dark, special interest money in
politics.
We are ensuring clean, fair elections with Congressman John Lewis,
our hero, with his Voter Empowerment Act, to increase access to the
ballot box.
Democrats or Republicans or people who are Independent, who do not
register with a party, should want everyone to be able to vote without
obstacles. This legislation will remove obstacles to participation.
Whether obstacles of closing polling places in certain neighborhoods,
obstacles of reducing hours that those polling places are open,
reducing the number of days for early voting, and the rest, it will
reduce those obstacles.
{time} 1645
We also are protecting the sacred right to vote through Congresswoman
Terri Sewell's H.R. 4, which is an offspring of this legislation, the
Voting Rights Advancement Act, to secure, again, and restore the Voting
Rights Act. It is part of H.R. 1, but it will be taken up separately
because of the need to establish the constitutional basis in an
ironclad way as we go forward.
I am so pleased, Mr. Chairman, and I thank the chairwoman of the
House Administration Committee for reinstating the House Administration
Subcommittee on Elections led by Congresswoman Marcia Fudge which began
its out-of-Washington hearings in Brownsville, Texas. I was just in
Texas, and people were delighted that Chairwoman Fudge's subcommittee
came there to hear the stories of voter suppression that exists
throughout the country, especially among people who may have a last
name that may sound foreign to some and questionable therefore to them,
but who are American citizens eligible to vote.
We are cleaning up corruption and ensuring that public officials
again work for the people's interests. You can't say it enough, Mr.
Chairman.
We must pass this legislation so we can break the grip of special
interests. We talk about obstacles to participation and suppression of
the vote, and we talk about what we talked about earlier, whether it is
voting, number of polling places, number of hours, number of days,
degree of identification that is required in some areas more so than in
others and different surnames and the rest, but one of the biggest
suppressors of the vote is the suffocation of the airwaves by big, dark
special interest money. There are some people in our country--I hope
none of them in this body--who think that the only way to win an
election is to suppress the vote one way or another, and bombarding and
suffocating the airwaves with information that is not factual, by
disrupting elections and by putting out messages in the social media
that are misleading, the resources that make all of this possible are
as much a voter suppressor as anything you can name.
So that is why when we put forth our For the People agenda; one, to
lower healthcare costs by reducing the cost of prescription drugs;
secondly, to increase paychecks, lower healthcare costs, bigger
paychecks by building the infrastructure of America in a green way,
people had confidence that we could do that because H.R. 1, which was
essential to our For the People agenda, would, again, diminish the role
of big, special interest money and increase the voice of every person
in our country, including increase the impact of small donor
participation in elections.
When we put power back in the hands of the American people, as this
legislation does, we can make much more progress on hard issues facing
our Nation, and the American people know that. It removes a great deal
of skepticism that they have in politics and government. It instills
confidence that their voice will be heard, that their cause will be
addressed, and that their interests will be served.
Again, lowering healthcare costs by reducing the cost of prescription
drugs, people's voices will be heard, a big issue in re-election;
increasing paychecks by rebuilding the infrastructure of America in a
bold, green and modern way; safeguarding consumer protections, workers'
rights and the rights of the LGBTQ community; and addressing the
concerns of our beautiful Dreamers in legislation that we will take up
and launch next week; protecting clean air and clean water, confronting
the climate crisis, and so much more will be taken up.
Let me add that a bill that we passed last week--which was historic
in the House--finally passing a bill for commonsense background checks
for gun violence prevention, again, defies the big money in that arena.
There should be nothing partisan or political about empowering the
American people and making sure that government works for them. Our
Founders provided a vision for our country. They wrote a constitution
making us the freest people in the world, a model for the rest of the
world that enabled people--oh, thank God they made it amendable so that
we could ever expand power, voting rights, and the rest.
What is exciting about this Congress, which has over 100 women in it
for the first time, is that in the course of this Congress, we will be
celebrating the 100th anniversary of women having the right to vote.
But the right to vote must be accompanied by removing obstacles to that
participation, and that is what we are doing today.
How do we answer our Founders if one day we are meeting them in the
next life?
How do we say to them: I did everything in my power to suppress the
vote?
Or do we say: Honoring your vision, we removed every obstacle for
those who are legitimately eligible to vote to do so and to have their
vote counted as cast?
To honor the oath we take and to honor the people's trust, I strongly
urge a bipartisan vote for this bill, for the people.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I have no further
speakers, and I am ready to close.
I reserve the balance of my time, Mr. Chairman.
Ms. LOFGREN. Mr. Chairman, if the gentleman would like to wrap up, I
will also wrap up.
Mr. RODNEY DAVIS of Illinois. But before I do, Mr. Chairman, may I
inquire how much time is remaining.
The Acting CHAIR (Mr. Schrader). The gentleman has 2\1/2\ minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield myself the
balance of my time and that is not nearly enough to talk about all the
bad provisions in this bill once again.
There are so many provisions in this bill that many of my colleagues
graciously came down to the floor to talk about them. As a matter of
fact, I have with me a file of letters from groups
[[Page H2408]]
like the U.S. Chamber of Commerce, the ACLU, the National Right to
Life, and all others that have been outspoken in their opposition to
this behemoth partisan piece of legislation.
Let me remind everybody once again: we Republicans--there are only
three of us on the House Administration Committee--were not consulted
at all by anyone who wrote this bill, nor by any of the groups who were
pointed out at the press conference announcing this piece of
legislation that they helped to write this bill. Make no bones about
it, this shell game, this nebulous freedom from influence or whatever
fund you want to call it, the CBO estimates they don't even have enough
information on it. They are estimating the taxpayers will be on the
hook for at least $1 billion, and that goes in addition to the over $2
billion that the rest of the bill is going to cost the taxpayers of
this country.
Now, it is interesting, I just read a tweet--I never met the
gentleman, Dan McLaughlin, but it is a pretty good explanation of what
I think this bill is. His tweet says: ``Professional politicians do
unethical things that they've written the rules to allow.''
This bill has written the rules to allow Members of Congress to
enrich their own campaign coffers that will eventually be on the backs
of government and the taxpayers. This is not why we should be here.
I am for the American voter. I support that every eligible voter have
easier ways to register to vote and get easier access to the polls.
What I am not for is for Washington, D.C., taking over elections and
enriching the campaign coffers of the people who sit in this room.
I know what difficult elections look like. It is the worst of
partisan politics, and it is personal to me. I know what it looks like
when people take well-intentioned laws and use them to their political
advantage. I don't want that to happen, and I believe H.R. 1 will allow
that to happen.
We have had disagreements. I respect the fact that my colleagues have
come here to debate this bill, but this is the furthest thing from a
bipartisan bill. I can't say it enough how opposed to this bill I am.
Mr. Chairman, I yield back the balance of my time.
Ms. LOFGREN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this is an important bill for many reasons. We have
seen all over the United States efforts to prevent Americans from being
able to vote, from moving polling places out of a jurisdiction without
any public transportation so voters can't get there, to reducing early
voting, to voter ID requirements that have a disparate result and
disadvantage young people. For example, in Texas you can show your
hunting license but not your University of Texas ID. I think there is a
rationale behind that.
We have had enough. We believe that American citizens ought to be
able to vote and that we should do everything in Federal elections as
the Constitution provides to allow those American citizens to vote.
That is why this bill provides for at least 15 days of early voting
for Federal elections, no-excuse absentee ballots, that provisional
ballots are treated uniformly so a voter in one State is treated the
same way as a voter in another State when they are voting for the House
of Representatives. We want to improve access for voters with
disabilities and for overseas and military voters.
We know that we are vulnerable to hacking. We have voting machines
that are using software that is no longer even updated. They are
vulnerable to hacking. We have got to have paper ballots that are
subject to a recount.
Much has been said about elements of this, but one of the things that
I think is very important is the Federal congressional redistricting
provisions. If there is one thing that makes Americans upset it is
politicians manipulating the districts so that even if they don't get
the votes, they get to win the seats. That is gerrymandering. This bill
does away with it for the House of Representatives.
It requires all States to establish independent redistricting
commissions for the purpose of developing and enacting congressional
redistricting plans. It exempts States that meet the minimum
requirements, including the State of Arizona, contrary to one of the
comments made earlier here today.
There has been a lot of discussion about money, but I will include in
the Record the preliminary report we have received from the Joint
Committee on Taxation.
The estimate of the proposed 2.75 percent special assessment on
criminal penalties and civil penalties is that it would raise $1.948
billion between 2019 and 2029 and that it would reduce the deficit by
$83 million because people would be deterred by the additional penalty.
That is from the Joint Committee on Taxation. I didn't make that up.
So this bill has a lot of sound provisions in it. It discloses big
money so that there is transparency, as the court in Citizens United
suggested that we do. It empowers small donors so the big money guys
don't own the government. It reforms the ethics process for the
President, the Congress, and for the judiciary.
I am sorry to say that some candidates win only when they suppress
the vote, and we have seen that happen across the United States. We are
not going to allow that to happen. Every American has a right to vote,
to have their vote counted and let the chips fall where they may. That
is what H.R. 1 will do.
Mr. Chairman, I urge its passage, and I yield back the balance of my
time.
Ms. JACKSON LEE. Mr. Chair, I rise today in strong support of H.R. 1,
The ``For the People Act of 2019,'' which expands access to the ballot
box, reduces the influence of big money in politics, and strengthens
ethics rules for public servants.
I am proud to be one of 226, co-sponsors, and one of the original
cosponsors, of H.R. 1, which will increase public confidence in our
democracy by reducing the role of money in politics, restoring ethical
standards and integrity to government, and strengthening laws to
protect voting.
Specifically, the For the People Act will:
1. Make it easier, not harder, to vote by implementing automatic
voter registration, requiring early voting and vote by mail, committing
Congress to reauthorizing the Voting Rights Act and ensuring the
integrity of our elections by modernizing and strengthening our voting
systems and ending partisan redistricting.
2. Reform the campaign finance system by requiring all political
organizations to disclose large donors, updating political
advertisement laws for the digital age, establishing a public matching
system for citizen-owned elections, and revamping the Federal Election
Commission to ensure there's a cop on the campaign finance beat; and
3. Strengthen ethics laws to ensure that public officials work in the
public interest by extending conflict of interest laws to the President
and Vice President; requiring the release of their tax returns; closing
loopholes that allow former members of Congress to avoid cooling-off
periods for lobbying; closing the revolving door between industry and
the federal government; and establishing a code of conduct for the
Supreme Court.
H.R. 1 expands access to the ballot box by taking aim at
institutional barriers to voting.
This bill ensures that individuals who have completed felony
sentences have their full rights restored and expands early voting and
simplify absentee voting; and modernize the U.S. voting system.
Mr. Chair, this legislation and this hearing is particularly timely
because more than half a century after the passage of the Voting Rights
Act of 1965, we are still discussing voter suppression--something which
should be a bygone relic of the past, but yet continues to
disenfranchise racial minorities, immigrants, women, and young people.
The Voting Rights Act of 1965 was a watershed moment for the Civil
Rights Movement--it liberated communities of color from legal
restrictions barring them from exercising the fundamental right to
civic engagement and political representation.
But uncaged by Supreme Court's infamous 2013 decision in Shelby
County v. Holder, 570 U.S. 529 (2013), which neutered the preclearance
provision of the Voting Rights Act, 14 states, including my state of
Texas, took extreme measures to enforce new voting
[[Page H2409]]
restrictions before the 2016 presidential election.
It is not a coincidence that many of these same states have
experienced increasing numbers of black and Hispanic voters in recent
elections.
If not for invidious, state-sponsored voter suppression policies like
discriminatory voter ID laws, reduced early voting periods, and voter
intimidation tactics that directly or indirectly target racial
minorities, the 2016 presidential election might have had a drastically
different outcome.
Mr. Chair, H.R. 1 must be passed because many of the civil rights
that I fought for as a student and young lawyer have been undermined or
been rolled back by reactionary forces in recent years.
To add insult to injury, the Trump Administration issued an Executive
Order establishing a so-called ``Election Integrity'' Commission to
investigate not voter suppression, but so-called ``voter fraud'' in the
2016 election.
Trump and his followers have been unceasing in their efforts to
perpetuate the myth of voter fraud, but it remains just that: a myth.
Between 2000 and 2014, there were 35 credible allegations of voter
fraud out of more than 834 million ballots cast--that is less than 1 in
28 million votes.
An extensive study by social scientists at Dartmouth College
uncovered no evidence to support Trump's hysterical and outrageous
allegations of widespread voter fraud ``rigging'' the 2016 election.
Just for the record, Mr. Chair, the popular vote of the 2016
presidential election was:
Hillary Clinton, 65,853,516.
Donald Trump, 62,884,824.
Trump's deficit of 2.9 million was the largest of any Electoral
College winner in history by a massive margin, and despite the
allegations of the current Administration, there have been only 4
documented cases of voter fraud in the 2016 election.
The Voter Fraud Commission, like many of Trump's business schemes,
was a massive scam built on countless lies that do not hold up to any
level of scrutiny.
As Members of Congress, we should be devoting our time, energy, and
resources addressing Russian infiltration of our election
infrastructure and campaigns, along with other pressing issues.
Instead of enjoying and strengthening the protections guaranteed in
the Voting Rights Act--people of color, women, LGBTQ individuals, and
immigrants--have been given the joyless, exhausting task of fending off
the constant barrage of attacks levelled at our communities by Trump
and other conspiracy theorists.
Not only are we tasked with reversing the current dismal state of
voter suppression against minorities; we are forced to refute the
blatant, propagandist lie of voter fraud.
To this end, I have been persistent in my efforts to protect the
rights of disenfranchised communities in my district of inner-city
Houston and across the nation.
Throughout my tenure in Congress, I have cosponsored dozens of bills,
amendments, and resolutions seeking to improve voters' rights at all
stages and levels of the election process.
This includes legislation aimed at:
1. Increasing voter outreach and turnout;
2. Ensuring both early and same-day registration;
3. Standardizing physical and language accessibility at polling
places;
4. Expanding early voting periods;
5. Decreasing voter wait times;
6. Guaranteeing absentee ballots, especially for displaced citizens;
7. Modernizing voting technologies and strengthening our voter record
systems;
8. Establishing the federal Election Day as a national holiday; and
9. Condemning and criminalizing deceptive practices, voter
intimidation, and other suppression tactics;
Along with many of my CBC colleagues, I was an original cosponsor of
H.R. 9, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting
Rights Act Reauthorization and Amendments Act, which became public law
on July 27, 2006.
I also authored H.R. 745 in the 110th Congress, which added the
legendary Barbara Jordan to the list of civil rights trailblazers whose
memories are honored in the naming the Voting Rights Act
Reauthorization and Amendments Act.
This bill strengthened the original Voting Rights Act by replacing
federal voting examiners with federal voting observers a significant
enhancement that made it easier to safeguard against racially biased
voter suppression tactics.
In the 114th Congress, I introduced H.R. 75, the Coretta Scott King
Mid-Decade Redistricting Prohibition Act of 2015, which prohibits
states whose congressional districts have been redistricted after a
decennial census from redrawing their district lines until the next
census.
Prejudiced redistricting, or gerrymandering as it is more commonly
known, has been used for decades to weaken the voting power of African
Americans, Latino Americans, and other minorities since the Civil
Rights Era.
Immediately after the Shelby County ruling, which lifted preclearance
requirements for states with histories of discrimination seeking to
change their voting laws or practices, redistricting became a favorite
tool for Republicans who connived to unfairly gain 3 congressional
seats in Texas.
In the 110th Congress, I was the original sponsor of H.R. 6778, the
Ex-Offenders Voting Rights Act of 2008, which prohibited denial of the
right to vote in a federal election on the basis of an individual's
status as a formerly incarcerated person.
The Ex-Offenders Voting Rights Act sought to reverse discriminatory
voter restrictions that disproportionately affect the African American
voting population, which continues to be targeted by mass
incarceration, police profiling, and a biased criminal justice system.
Those of us who cherish the right to vote justifiably are skeptical
of Voter ID laws because we understand how these laws, like poll taxes
and literacy tests, can be used to impede or negate the ability of
seniors, racial and language minorities, and young people to cast their
votes.
Voter ID laws are just one of the means that can be used to abridge
or suppress the right to vote but there are others, including:
1. Curtailing or Eliminating Early Voting;
2. Ending Same-Day Registration;
3. Not counting provisional ballots cast in the wrong precinct on
Election Day will not count;
4. Eliminating Teenage Pre-Registration;
5. Shortened Poll Hours;
6. Lessening the standards governing voter challenges used by
vigilantes, like the King Street Patriots in my city of Houston, to
cause trouble at the polls;
7. ``Voter Caging,'' to suppress the turnout of minority voters by
sending non-forwardable mail to targeted populations and, once the mail
is returned, using the returned mail to compile lists of voters whose
eligibility is then challenged on the basis of residence under state
law; and
8. Employing targeted redistricting techniques to dilute minority
voting strength, notably ``Cracking'' (i.e., fragmenting and dispersing
concentrations of minority populations); ``Stacking'' (combining
concentrations of minority voters with greater concentrations of white
populations); and ``Packing'' (i.e., over-concentrating minority voters
in as few districts as possible).
Mr. Chair, we must not allow our democracy to slide back into the
worst elements of this country's past, to stand idly by as our
treasured values of democracy, progress, and equality are poisoned and
dismantled.
I urge all members to join me in voting to pass H.R. 1, the ``For The
People Act of 2019.''
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on House Administration, printed in the bill, the
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 116-7, modified by the amendment printed in part A of
House Report 116-16, shall be considered as adopted. The bill, as
amended, shall be considered as an original bill for purpose of further
amendment under the 5-minute rule and shall be considered as read.
The text of the bill, as amended, is as follows:
H.R. 1
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``For the People Act of
2019''.
[[Page H2410]]
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 3 divisions as
follows:
(1) Division A--Voting.
(2) Division B--Campaign Finance.
(3) Division C--Ethics.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--ELECTION ACCESS
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of Internet for voter registration.
Sec. 1002. Use of Internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate cross-checks.
Part 5--Other Initiatives to Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with
disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Rights of citizens.
Sec. 1403. Enforcement.
Sec. 1404. Notification of restoration of voting rights.
Sec. 1405. Definitions.
Sec. 1406. Relation to other laws.
Sec. 1407. Federal prison funds.
Sec. 1408. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by Mail.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Election Day holiday.
Sec. 1904. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1905. Postage-free ballots.
Sec. 1906. Reimbursement for costs incurred by States in establishing
program to track and confirm receipt of absentee ballots.
Sec. 1907. Voter information response systems and hotline.
Part 2--Improvements in Operation of Election Assistance Commission
Sec. 1911. Reauthorization of Election Assistance Commission.
Sec. 1913. Requiring states to participate in post-general election
surveys.
Sec. 1914. Reports by National Institute of Standards and Technology on
use of funds transferred from Election Assistance
Commission.
Sec. 1915. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1916. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.
Part 3--Miscellaneous Provisions
Sec. 1921. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1922. No effect on other laws.
Subtitle O--Severability
Sec. 1931. Severability.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Findings Relating to Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State commission.
Sec. 2402. Ban on mid-decade redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Criteria for redistricting plan by independent commission;
public notice and input.
Sec. 2414. Establishment of related entities.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
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Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Severability
Sec. 2701. Severability.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election administration
requirements under Help America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Sec. 3403. Definitions.
Subtitle F--Miscellaneous Provisions
Sec. 3501. Definitions.
Sec. 3502. Initial report on adequacy of resources available for
implementation.
Subtitle G--Severability
Sec. 3601. Severability.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Regulation of Certain Political Spending
Sec. 4101. Application of ban on contributions and expenditures by
foreign nationals to domestic corporations, limited
liability corporations, and partnerships that are
foreign-controlled, foreign-influenced, and foreign-
owned.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered
transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Subtitle C--Honest Ads
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand By Every Ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on Internet communications.
Sec. 4305. Effective date.
Subtitle E--Secret Money Transparency
Sec. 4401. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political activity of
certain nonprofit organizations.
Subtitle F--Shareholder Right-to-Know
Sec. 4501. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders of
corporations have knowledge of corporation political
activity.
Subtitle G--Disclosure of Political Spending by Government Contractors
Sec. 4601. Repeal of restriction on use of funds to require disclosure
of political spending by government contractors.
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4701. Short title.
Sec. 4702. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle I--Severability
Sec. 4801. Severability.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating
candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 5114. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
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Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.
Subtitle E--Severability
Sec. 5401. Severability.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Severability
Sec. 6201. Severability.
DIVISION C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of 1995.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Severability
Sec. 7401. Severability.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential conflict of
interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency Ethics Officials Training and Duties.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Severability
Sec. 8071. Severability.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards under
Congressional Accountability Act of 1995 in all cases of
employment discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are registered
lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Severability
Sec. 9401. Severability.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
DIVISION A--ELECTION ACCESS
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of Internet for voter registration.
Sec. 1002. Use of Internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate cross-checks.
Part 5--Other Initiatives to Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with
disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
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Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Rights of citizens.
Sec. 1403. Enforcement.
Sec. 1404. Notification of restoration of voting rights.
Sec. 1405. Definitions.
Sec. 1406. Relation to other laws.
Sec. 1407. Federal prison funds.
Sec. 1408. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by Mail.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Election Day holiday.
Sec. 1904. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1905. Postage-free ballots.
Sec. 1906. Reimbursement for costs incurred by States in establishing
program to track and confirm receipt of absentee ballots.
Sec. 1907. Voter information response systems and hotline.
Part 2--Improvements in Operation of Election Assistance Commission
Sec. 1911. Reauthorization of Election Assistance Commission.
Sec. 1913. Requiring states to participate in post-general election
surveys.
Sec. 1914. Reports by National Institute of Standards and Technology on
use of funds transferred from Election Assistance
Commission.
Sec. 1915. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1916. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.
Part 3--Miscellaneous Provisions
Sec. 1921. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1922. No effect on other laws.
Subtitle O--Severability
Sec. 1931. Severability.
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2019''.
(b) Statement of Policy.--It is the policy of the United
States that--
(1) all eligible citizens of the United States should
access and exercise their constitutional right to vote in a
free, fair, and timely manner; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2019''.
PART 1--PROMOTING INTERNET REGISTRATION
SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER
REGISTRATION.
(a) Requiring Availability of Internet for Registration.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501
et seq.) is amended by inserting after section 6 the
following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online
Registration.--
``(1) Availability of online registration and correction of
existing registration information.--Each State, acting
through the chief State election official, shall ensure that
the following services are available to the public at any
time on the official public websites of the appropriate State
and local election officials in the State, in the same manner
and subject to the same terms and conditions as the services
provided by voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying to
register to vote.
``(C) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c).
``(D) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall
accept an online voter registration application provided by
an individual under this section, and ensure that the
individual is registered to vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote
by mail in accordance with section 6(a)(1) using the mail
voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2);
and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in
the case of applications submitted during or after the second
year in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a signature on
file with a State agency, including the State motor vehicle
authority, that is required to provide voter registration
services under this Act or any other law, the individual
consents to the transfer of that electronic signature.
``(B) If subparagraph (A) does not apply, the individual
submits with the application an electronic copy of the
individual's handwritten signature through electronic means.
``(C) If subparagraph (A) and subparagraph (B) do not
apply, the individual executes a computerized mark in the
signature field on an online voter registration application,
in accordance with reasonable security measures established
by the State, but only if the State accepts such mark from
the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other elements
of the online voter registration application;
``(B) permit the individual to provide a signature at the
time the individual requests a ballot in an election (whether
the individual requests the ballot at a polling place or
requests the ballot by mail); and
``(C) if the individual carries out the steps described in
subparagraph (A) and subparagraph (B), ensure that the
individual is registered to vote in the State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an
individual under this section, the appropriate State or local
election official shall send the individual a notice
confirming the State's receipt of the application and
providing instructions on how the individual may check the
status of the application.
``(2) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has approved
or rejected an application submitted by an individual under
this section, the official shall send the individual a notice
of the disposition of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail, and, in the case of an
individual who has provided the official with an electronic
mail address, by both electronic mail and regular mail.
``(e) Provision of Services in Nonpartisan Manner.--The
services made available under subsection (a) shall be
provided in a manner that ensures that, consistent with
section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting
the requirements of this section, the State shall establish
appropriate technological security measures to prevent
[[Page H2414]]
to the greatest extent practicable any unauthorized access to
information provided by individuals using the services made
available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that
the services made available under this section are made
available to individuals with disabilities to the same extent
as services are made available to all other individuals.
``(h) Use of Additional Telephone-Based System.--A State
shall make the services made available online under
subsection (a) available through the use of an automated
telephone-based system, subject to the same terms and
conditions applicable under this section to the services made
available online, in addition to making the services
available online in accordance with the requirements of this
section.
``(i) Nondiscrimination Among Registered Voters Using Mail
and Online Registration.--In carrying out this Act, the Help
America Vote Act of 2002, or any other Federal, State, or
local law governing the treatment of registered voters in the
State or the administration of elections for public office in
the State, a State shall treat a registered voter who
registered to vote online in accordance with this section in
the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification
requirements.--Section 303(b)(1)(A) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking
``by mail'' and inserting ``by mail or online under section
6A of the National Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet the
requirements of subparagraph (B) if--
``(i) the individual registered to vote in the State online
under section 6A of the National Voter Registration Act of
1993; and
``(ii) the individual has not previously voted in an
election for Federal office in the State.
``(B) Requirements.--An individual meets the requirements
of this subparagraph if--
``(i) in the case of an individual who votes in person, the
individual provides the appropriate State or local election
official with a handwritten signature; or
``(ii) in the case of an individual who votes by mail, the
individual submits with the ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not apply in
the case of an individual who is--
``(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in person under any
other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A))
is amended by striking ``Each State'' and inserting ``Except
as provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in the case of online registration through the
official public website of an election official under section
6A, if the valid voter registration application is submitted
online not later than the lesser of 30 days, or the period
provided by State law, before the date of the election (as
determined by treating the date on which the application is
sent electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C.
20507(a)(5)) is amended by striking ``and 7'' and inserting
``6A, and 7''.
SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION
INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended
by adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local election
official shall ensure that any registered voter on the
computerized list may at any time update the voter's
registration information, including the voter's address and
electronic mail address, online through the official public
website of the election official responsible for the
maintenance of the list, so long as the voter attests to the
contents of the update by providing a signature in electronic
form in the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate State or
local election official shall--
``(i) revise any information on the computerized list to
reflect the update made by the voter; and
``(ii) if the updated registration information affects the
voter's eligibility to vote in an election for Federal
office, ensure that the information is processed with respect
to the election if the voter updates the information not
later than the lesser of 7 days, or the period provided by
State law, before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the online submission
of updated registration information by an individual under
this paragraph, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the updated information and providing
instructions on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has accepted
or rejected updated information submitted by an individual
under this paragraph, the official shall send the individual
a notice of the disposition of the update.
``(iii) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subparagraph by regular mail, and, in the case of an
individual who has requested that the State provide voter
registration and voting information through electronic mail,
by both electronic mail and regular mail.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A))
is amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's
information on the computerized Statewide voter registration
list using the online method provided under section 303(a)(6)
of the Help America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online
method,''.
SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC
MAIL TO INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To
Provide E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide
to the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52
U.S.C. 20508) is amended by adding at the end the following
new subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for
Other Than Official Purposes.--The chief State election
official shall ensure that any electronic mail address
provided by an applicant under subsection (b)(5) is used only
for purposes of carrying out official duties of election
officials and is not transmitted by any State or local
election official (or any agent of such an official,
including a contractor) to any person who does not require
the address to carry out such official duties and who is not
under the direct supervision and control of a State or local
election official.''.
(b) Requiring Provision of Information by Election
Officials.--Section 302(b) of the Help America Vote Act of
2002 (52 U.S.C. 21082(b)) is amended by adding at the end the
following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter
Registration Act of 1993), the appropriate State or local
election official, through electronic mail transmitted not
later than 7 days before the
[[Page H2415]]
date of the election for Federal office involved, shall
provide the individual with information on how to obtain the
following information by electronic means:
``(A) The name and address of the polling place at which
the individual is assigned to vote in the election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present at the
polling place.''.
SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY
INFORMATION TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants
Providing Necessary Information To Show Eligibility To
Vote.--For purposes meeting the requirement of subsection
(a)(1) that an eligible applicant is registered to vote in an
election for Federal office within the deadlines required
under such subsection, the State shall consider an applicant
to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides
a signature in accordance with subsection (c) of such
section.''.
SEC. 1005. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made
by section 1004) shall take effect January 1, 2020.
(b) Waiver.--Subject to the approval of the Election
Assistance Commission, if a State certifies to the Election
Assistance Commission that the State will not meet the
deadline referred to in subsection (a) because of
extraordinary circumstances and includes in the certification
the reasons for the failure to meet the deadline, subsection
(a) shall apply to the State as if the reference in such
subsection to ``January 1, 2020'' were a reference to
``January 1, 2022''.
PART 2--AUTOMATIC VOTER REGISTRATION
SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic
Voter Registration Act of 2019''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of citizens of
the United States;
(B) it is the responsibility of the State and Federal
Governments to ensure that every eligible citizen is
registered to vote;
(C) existing voter registration systems can be inaccurate,
costly, inaccessible and confusing, with damaging effects on
voter participation in elections and disproportionate impacts
on young people, persons with disabilities, and racial and
ethnic minorities; and
(D) voter registration systems must be updated with 21st
Century technologies and procedures to maintain their
security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government at every level to ensure that all eligible
citizens are registered to vote;
(B) to enable the State and Federal Governments to register
all eligible citizens to vote with accurate, cost-efficient,
and up-to-date procedures;
(C) to modernize voter registration and list maintenance
procedures with electronic and Internet capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process for
all eligible citizens.
SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States to Establish and Operate Automatic
Registration System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this part.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections
for Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so
that, unless the individual affirmatively declines to be
registered, the individual will be registered to vote in such
elections.
(b) Registration of Voters Based on New Agency Records.--
The chief State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual
pursuant to section 1013, ensure that the individual is
registered to vote in elections for Federal office in the
State if the individual is eligible to be registered to vote
in such elections; and
(2) not later than 120 days after a contributing agency has
transmitted such information with respect to the individual,
send written notice to the individual, in addition to other
means of notice established by this part, of the individual's
voter registration status.
(c) One-time Registration of Voters Based on Existing
Contributing Agency Records.--The chief State election
official shall--
(1) identify all individuals whose information is
transmitted by a contributing agency pursuant to section 1014
and who are eligible to be, but are not currently, registered
to vote in that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this part,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is voluntary,
but if the individual does not decline registration, the
individual will be registered to vote;
(B) a statement offering the opportunity to decline voter
registration through means consistent with the requirements
of this part;
(C) in the case of a State in which affiliation or
enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, a statement offering the
individual the opportunity to affiliate or enroll with a
political party or to decline to affiliate or enroll with a
political party, through means consistent with the
requirements of this part;
(D) the substantive qualifications of an elector in the
State as listed in the mail voter registration application
form for elections for Federal office prescribed pursuant to
section 9 of the National Voter Registration Act of 1993, the
consequences of false registration, and a statement that the
individual should decline to register if the individual does
not meet all those qualifications;
(E) instructions for correcting any erroneous information;
and
(F) instructions for providing any additional information
which is listed in the mail voter registration application
form for elections for Federal office prescribed pursuant to
section 9 of the National Voter Registration Act of 1993;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after
the official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins
on the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the Internet, or
by an officially-logged telephone communication; and
(4) send written notice to each such individual, in
addition to other means of notice established by this part,
of the individual's voter registration status.
(d) Treatment of Individuals Under 18 Years of Age.--A
State may not refuse to treat an individual as an eligible
individual for purposes of this part on the grounds that the
individual is less than 18 years of age at the time a
contributing agency receives information with respect to the
individual, so long as the individual is at least 16 years of
age at such time.
(e) Contributing Agency Defined.--In this part, the term
``contributing agency'' means, with respect to a State, an
agency listed in section 1013(e).
SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this part, each
contributing agency in a State shall assist the State's chief
election official in registering to vote all eligible
individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the
case of an institution of higher education, with each
registration of a student for enrollment in a course of
study, each contributing agency that (in the normal course of
its operations) requests individuals to affirm United States
citizenship (either directly or as part of the overall
application for service or assistance) shall inform each such
individual who is a citizen of the United States of the
following:
(A) Unless that individual declines to register to vote, or
is found ineligible to vote, the individual will be
registered to vote or, if applicable, the individual's
registration will be updated.
(B) The substantive qualifications of an elector in the
State as listed in the mail voter registration application
form for elections for Federal office prescribed pursuant to
section 9 of the National Voter Registration Act of 1993, the
consequences of false registration, and the individual should
decline to register if the individual does not meet all those
qualifications.
(C) In the case of a State in which affiliation or
enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, the requirement that the
individual must affiliate or enroll with a political party in
order to participate in such an election.
(D) Voter registration is voluntary, and neither
registering nor declining to register
[[Page H2416]]
to vote will in any way affect the availability of services
or benefits, nor be used for other purposes.
(2) Opportunity to decline registration required.--Each
contributing agency shall ensure that each application for
service or assistance, and each related recertification,
renewal, or change of address, or, in the case of an
institution of higher education, each registration of a
student for enrollment in a course of study, cannot be
completed until the individual is given the opportunity to
decline to be registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date the contributing
agency informs the individual of the information described in
paragraph (1), each contributing agency shall electronically
transmit to the appropriate State election official, in a
format compatible with the statewide voter database
maintained under section 303 of the Help America Vote Act of
2002 (52 U.S.C. 21083), the following information, unless
during such 30-day period the individual declined to be
registered to vote:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a citizen of
the United States.
(E) The date on which information pertaining to that
individual was collected or last updated.
(F) If available, the individual's signature in electronic
form.
(G) Information regarding the individual's affiliation or
enrollment with a political party, if the individual provides
such information.
(H) Any additional information listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, including any valid driver's
license number or the last 4 digits of the individual's
social security number, if the individual provided such
information.
(c) Alternate Procedure for Certain Contributing
Agencies.--With each application for service or assistance,
and with each related recertification, renewal, or change of
address, any contributing agency that in the normal course of
its operations does not request individuals applying for
service or assistance to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) ensure that each applicant's transaction with the
agency cannot be completed until the applicant has indicated
whether the applicant wishes to register to vote or declines
to register to vote in elections for Federal office held in
the State; and
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration
Opportunity With Each Application for Service or
Assistance.--Each contributing agency shall offer each
individual, with each application for service or assistance,
and with each related recertification, renewal, or change of
address, or in the case of an institution of higher
education, with each registration of a student for enrollment
in a course of study, the opportunity to register to vote as
prescribed by this section without regard to whether the
individual previously declined a registration opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by Federal law
to provide voter registration services, including the State
motor vehicle authority and other voter registration agencies
under the National Voter Registration Act of 1993.
(B) Each agency in a State that administers a program
pursuant to title III of the Social Security Act (42 U.S.C.
501 et seq.), title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), or the Patient Protection and Affordable Care
Act (Public Law 111-148).
(C) Each State agency primarily responsible for regulating
the private possession of firearms.
(D) Each State agency primarily responsible for maintaining
identifying information for students enrolled at public
secondary schools, including, where applicable, the State
agency responsible for maintaining the education data system
described in section 6201(e)(2) of the America COMPETES Act
(20 U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become eligible
to vote upon completion of a criminal sentence or any part
thereof, or upon formal restoration of rights, the State
agency responsible for administering that sentence, or part
thereof, or that restoration of rights.
(F) Any other agency of the State which is designated by
the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the Department of
Veterans Affairs, the Defense Manpower Data Center of the
Department of Defense, the Employee and Training
Administration of the Department of Labor, and the Center for
Medicare & Medicaid Services of the Department of Health and
Human Services.
(B) The Bureau of Citizenship and Immigration Services, but
only with respect to individuals who have completed the
naturalization process.
(C) In the case of an individual who is a resident of a
State in which an individual disenfranchised by a criminal
conviction under Federal law may become eligible to vote upon
completion of a criminal sentence or any part thereof, or
upon formal restoration of rights, the Federal agency
responsible for administering that sentence or part thereof
(without regard to whether the agency is located in the same
State in which the individual is a resident), but only with
respect to individuals who have completed the criminal
sentence or any part thereof.
(D) Any other agency of the Federal government which the
State designates as a contributing agency, but only if the
State and the head of the agency determine that the agency
collects information sufficient to carry out the
responsibilities of a contributing agency under this section.
(3) Special rule for institutions of higher education.--
(A) Special rule.--For purposes of this part, each
institution of higher education described in subparagraph (B)
shall be treated as a contributing agency in the State in
which it is located, except that--
(i) the institution shall be treated as a contributing
agency only if, in its normal course of operations, the
institution requests each student registering for enrollment
in a course of study, including enrollment in a program of
distance education, as defined in section 103(7) of the
Higher Education Act of 1965 (20 U.S.C. 1003(7)), to affirm
whether or not the student is a United States citizen; and
(ii) if the institution is treated as a contributing agency
in a State pursuant to clause (i), the institution shall
serve as a contributing agency only with respect to students,
including students enrolled in a program of distance
education, as defined in section 103(7) of the Higher
Education Act of 1965 (20 U.S.C. 1003(7)), who reside in the
State.
(B) Institutions described.--An institution described in
this subparagraph is an institution of higher education which
has a program participation agreement in effect with the
Secretary of Education under section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094) and which is located
in a State to which section 4(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20503(b)) does not apply.
(4) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(5) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN
REGISTRATION OF ELIGIBLE VOTERS IN EXISTING
RECORDS.
(a) Initial Transmittal of Information.--For each
individual already listed in a contributing agency's records
as of the date of enactment of this Act, and for whom the
agency has the information listed in section 1013(b)(3), the
agency shall promptly transmit that information to the
appropriate State election official in accordance with
section 1013(b)(3) not later than the effective date
described in section 1011(a).
(b) Transition.--For each individual listed in a
contributing agency's records as of the effective date
described in section 1011(a) (but who was not listed in a
contributing agency's records as of the date of enactment of
this Act), and for whom the agency has the information listed
in section 1013(b)(3), the Agency shall promptly transmit
that information to the appropriate State election official
in accordance with section 1013(b)(3) not later than 6 months
after the effective date described in section 1011(a).
SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC
REGISTRATION.
(a) Protections for Errors in Registration.--An individual
shall not be prosecuted under any Federal or State law,
adversely affected in any civil adjudication concerning
immigration status or naturalization, or subject to an
allegation in any legal proceeding that the individual is not
a citizen of the United States on any of the following
grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote under this part.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this part.
(3) The individual was automatically registered to vote
under this part at an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration, under this part.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual or the fact that an individual
declined the opportunity to register to vote or
[[Page H2417]]
did not make an affirmation of citizenship (including through
automatic registration) under this part may not be used as
evidence against that individual in any State or Federal law
enforcement proceeding, and an individual's lack of knowledge
or willfulness of such registration may be demonstrated by
the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in
subsections (a) or (b) may be construed to prohibit or
restrict any action under color of law against an individual
who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Contributing Agencies' Protection of Information.--
Nothing in this part authorizes a contributing agency to
collect, retain, transmit, or publicly disclose any of the
following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 1013(b)(3), except in pursuing the
agency's ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with respect
to any individual for whom any State election official
receives information from a contributing agency, the State
election officials shall not publicly disclose any of the
following:
(i) The identity of the contributing agency.
(ii) Any information not necessary to voter registration.
(iii) Any voter information otherwise shielded from
disclosure under State law or section 8(a) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social security
number.
(v) Any portion of the individual's motor vehicle driver's
license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to vote.--With
respect to any individual for whom any State election
official receives information from a contributing agency and
who, on the basis of such information, is registered to vote
in the State under this part, the State election officials
shall not publicly disclose any of the following:
(i) The identity of the contributing agency.
(ii) Any information not necessary to voter registration.
(iii) Any voter information otherwise shielded from
disclosure under State law or section 8(a) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social security
number.
(v) Any portion of the individual's motor vehicle driver's
license number.
(vi) The individual's signature.
(2) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
(and, where available, photocopying at a reasonable cost),
including in electronic form and through electronic methods,
all records of changes to voter records, including removals,
the reasons for removals, and updates.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology shall, after
providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of data
for voter registration list maintenance purposes, identifying
as part of such standards the specific data elements, the
matching rules used, and how a State may use the data to
determine and deem that an individual is ineligible under
State law to vote in an election, or to deem a record to be a
duplicate or outdated;
(B) ensure that the standards developed pursuant to this
paragraph are uniform and nondiscriminatory and are applied
in a uniform and nondiscriminatory manner; and
(C) not later than 45 days after the deadline for public
notice and comment, publish the standards developed pursuant
to this paragraph on the Director's website and make those
standards available in written form upon request.
(4) Security policy.--The Director of the National
Institute of Standards and Technology shall, after providing
the public with notice and the opportunity to comment,
publish privacy and security standards for voter registration
information not later than 45 days after the deadline for
public notice and comment. The standards shall require the
chief State election official of each State to adopt a policy
that shall specify--
(A) each class of users who shall have authorized access to
the computerized statewide voter registration list,
specifying for each class the permission and levels of access
to be granted, and setting forth other safeguards to protect
the privacy, security, and accuracy of the information on the
list; and
(B) security safeguards to protect personal information
transmitted through the information transmittal processes of
section 1013 or section 1014, the online system used pursuant
to section 1017, any telephone interface, the maintenance of
the voter registration database, and any audit procedure to
track access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer of the
State shall annually file with the Election Assistance
Commission a statement certifying to the Director of the
National Institute of Standards and Technology that the State
is in compliance with the standards referred to in paragraphs
(3) and (4). A State may meet the requirement of the previous
sentence by filing with the Commission a statement which
reads as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs (3)
and (4) of section 1015(e) of the Automatic Voter
Registration Act of 2019.'' (with the blank to be filled in
with the name of the State involved).
(B) Publication of policies and procedures.--The chief
State election official of a State shall publish on the
official's website the policies and procedures established
under this section, and shall make those policies and
procedures available in written form upon public request.
(C) Funding dependent on certification.--If a State does
not timely file the certification required under this
paragraph, it shall not receive any payment under this part
for the upcoming fiscal year.
(D) Compliance of states that require changes to state
law.--In the case of a State that requires State legislation
to carry out an activity covered by any certification
submitted under this paragraph, for a period of not more than
2 years the State shall be permitted to make the
certification notwithstanding that the legislation has not
been enacted at the time the certification is submitted, and
such State shall submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting
under color of law may discriminate against any individual
based on, or use for any purpose other than voter
registration, election administration, or enforcement
relating to election crimes, any of the following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 1013(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration
Information for Commercial Purposes.--Information collected
under this part shall not be used for commercial purposes.
Nothing in this subsection may be construed to prohibit the
transmission, exchange, or dissemination of information for
political purposes, including the support of campaigns for
election for Federal, State, or local public office or the
activities of political committees (including committees of
political parties) under the Federal Election Campaign Act of
1971.
SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act
of 2002 (52 U.S.C. 21082(a)), if an individual is registered
to vote in elections for Federal office held in a State, the
appropriate election official at the polling pace for any
such election (including a location used as a polling place
on a date other than the date of the election) shall permit
the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political
party affiliation, in the records of the election official;
and
(3) cast a ballot in the election on the basis of the
updated address or corrected information, and to have the
ballot treated as a regular ballot and not as a provisional
ballot under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration
Lists.--If an election official at the polling place receives
an updated address or corrected information from an
individual under subsection (a), the official shall ensure
that the address or information is promptly entered into the
computerized Statewide voter registration list in accordance
with section 303(a)(1)(A)(vi) of the Help America Vote Act of
2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 1017. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall
make grants to each eligible State to assist the State in
implementing the requirements of this part (or, in the case
of an exempt State, in implementing its existing automatic
voter registration program).
(b) Eligibility; Application.--A State is eligible to
receive a grant under this section if the State submits to
the Commission, at such time and in such form as the
Commission may require, an application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall
determine the amount of a grant made to an eligible State
under this
[[Page H2418]]
section. In determining the amounts of the grants, the
Commission shall give priority to providing funds for those
activities which are most likely to accelerate compliance
with the requirements of this part (or, in the case of an
exempt State, which are most likely to enhance the ability of
the State to automatically register individuals to vote
through its existing automatic voter registration program),
including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously
exist; and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2019; and
(B) such sums as may be necessary for each succeeding
fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection
shall remain available without fiscal year limitation until
expended.
SEC. 1018. TREATMENT OF EXEMPT STATES.
(a) Waiver of Requirements.--Except as provided in
subsection (b), this part does not apply with respect to an
exempt State.
(b) Exceptions.--The following provisions of this part
apply with respect to an exempt State:
(1) section 1016 (relating to registration portability and
correction).
(2) section 1017 (relating to payments and grants).
(3) Section 1019(e) (relating to enforcement).
(4) Section 1019(f) (relating to relation to other laws).
SEC. 1019. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each
contributing agency shall ensure that the services it
provides under this part are made available to individuals
with disabilities to the same extent as services are made
available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--
Nothing in this part shall be construed to prevent a
contributing agency from contracting with a third party to
assist the agency in meeting the information transmittal
requirements of this part, so long as the data transmittal
complies with the applicable requirements of this part,
including the privacy and security provisions of section
1015.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--
The services made available by contributing agencies under
this part and by the State under sections 1015 and 1016 shall
be made in a manner consistent with paragraphs (4), (5), and
(6)(C) of section 7(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this part
via electronic mail if the individual has provided an
electronic mail address and consented to electronic mail
communications for election-related materials. All notices
sent pursuant to this part that require a response must offer
the individual notified the opportunity to respond at no cost
to the individual.
(e) Enforcement.--Section 11 of the National Voter
Registration Act of 1993 (52 U.S.C. 20510), relating to civil
enforcement and the availability of private rights of action,
shall apply with respect to this part in the same manner as
such section applies to such Act.
(f) Relation to Other Laws.--Except as provided, nothing in
this part may be construed to authorize or require conduct
prohibited under, or to supersede, restrict, or limit the
application of any of the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 1020. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for coordination of
the State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``exempt State'' means a State which, under
law which is in effect continuously on and after the date of
the enactment of this Act, operates an automatic voter
registration program under which an individual is
automatically registered to vote in elections for Federal
office in the State if the individual provides the motor
vehicle authority of the State (or, in the case of a State in
which an individual is automatically registered to vote at
the time the individual applies for benefits or services with
a Permanent Dividend Fund of the State, provides the
appropriate official of such Fund) with such identifying
information as the State may require.
(4) The term ``State'' means each of the several States and
the District of Columbia.
SEC. 1021. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
part and the amendments made by this part shall apply with
respect to a State beginning January 1, 2021.
(b) Waiver.--Subject to the approval of the Commission, if
a State certifies to the Commission that the State will not
meet the deadline referred to in subsection (a) because of
extraordinary circumstances and includes in the certification
the reasons for the failure to meet the deadline, subsection
(a) shall apply to the State as if the reference in such
subsection to ``January 1, 2021'' were a reference to
``January 1, 2023''.
PART 3--SAME DAY VOTER REGISTRATION
SEC. 1031. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day
when voting, including early voting, is permitted for a
Federal election--
``(A) to register to vote in such election at the polling
place using a form that meets the requirements under section
9(b) of the National Voter Registration Act of 1993 (or, if
the individual is already registered to vote, to revise any
of the individual's voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for
Federal office.
``(b) Eligible Individual.--For purposes of this section,
the term `eligible individual' means, with respect to any
election for Federal office, an individual who is otherwise
qualified to vote in that election.
``(c) Effective Date.--Each State shall be required to
comply with the requirements of subsection (a) for the
regularly scheduled general election for Federal office
occurring in November 2020 and for any subsequent election
for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``subtitle A of
title III''.
(c) Clerical Amendment.--The table of contents of such Act
is amended--
(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 new item:
``Sec. 304. Same day registration.''.
PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS
SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL
LIST OF ELIGIBLE VOTERS ON BASIS OF INTERSTATE
CROSS-CHECKS.
(a) Minimum Information Required for Removal Under Cross-
check.--Section 8(c)(2) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(c)(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) To the extent that the program carried out by a State
under subparagraph (A) to systematically remove the names of
ineligible voters from the official lists of eligible voters
uses information obtained in an interstate cross-check, in
addition to any other conditions imposed under this Act on
the authority of the State to remove the name of the voter
from such a list, the State may not remove the name of the
voter from such a list unless--
``(i) the State obtained the voter's full name (including
the voter's middle name, if any) and date of birth, and the
last 4 digits of the voter's social security number, in the
interstate cross-check; or
``(ii) the State obtained documentation from the ERIC
system that the voter is no longer a resident of the State.
``(C) In this paragraph--
``(i) the term `interstate cross-check' means the
transmission of information from an election official in one
State to an election official of another State; and
``(ii) the term `ERIC system' means the system operated by
the Electronic Registration Information Center to share voter
registration information and voter identification information
among participating States.''.
(b) Requiring Completion of Cross-checks Not Later Than 6
Months Prior to Election.--Subparagraph (A) of section
8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by
striking ``not later than 90 days'' and inserting the
following: ``not later than 90 days (or, in the case of a
program in which the State uses interstate cross-checks, not
later than 6 months)''.
(c) Conforming Amendment.--Subparagraph (D) of section
8(c)(2) of such Act (52
[[Page H2419]]
U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), is
amended by striking ``Subparagraph (A)'' and inserting ``This
paragraph''.
(d) Effective Date.--The amendments made by this Act shall
apply with respect to elections held on or after the
expiration of the 6-month period which begins on the date of
the enactment of this Act.
PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION
SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of
each year, each State shall submit to the Election Assistance
Commission and Congress a report containing the following
categories of information for the year:
(1) The number of individuals who were registered under
part 2.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor
vehicle authorities in the State (pursuant to section 5(d) of
the National Voter Registration Act of 1993) and voter
registration agencies in the State (as designated under
section 7 of such Act) to the chief State election official
of the State, broken down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to
vote in the State and the number of such individuals whose
forms were rejected and who were not registered to vote in
the State, broken down by each such authority and agency.
(4) The number of change of address forms and other forms
of information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down
by each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the Statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information
was revised as a result of such a request.
(b) Breakdown of Information by Race and Ethnicity of
Individuals.--In preparing the report under this section, the
State shall, for each category of information described in
subsection (a), include a breakdown by race and ethnicity of
the individuals whose information is included in the
category, to the extent that information on the race and
ethnicity of such individuals is available to the State.
(c) Confidentiality of Information.--In preparing and
submitting a report under this section, the chief State
election official shall ensure that no information regarding
the identification of any individual is revealed.
(d) State Defined.--In this section, a ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, but does
not include any State in which, under a State law in effect
continuously on and after the date of the enactment of this
Act, there is no voter registration requirement for
individuals in the State with respect to elections for
Federal office.
PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS
SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA
TO COVER COSTS OF COMPLIANCE WITH NEW
REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise
provided in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--A State may
use a requirements payment to carry out any of the
requirements of the Voter Registration Modernization Act of
2019, including the requirements of the National Voter
Registration Act of 1993 which are imposed pursuant to the
amendments made to such Act by the Voter Registration
Modernization Act of 2019.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking ``section
251(a)(2)'' and inserting ``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2018 and each
succeeding fiscal year.
PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, OR
PREVENTING VOTER REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code
is amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing
registering to vote
``(a) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
registering to vote or to corruptly hinder, interfere with,
or prevent another person from aiding another person in
registering to vote.
``(b) Attempt.--Any person who attempts to commit any
offense described in subsection (a) shall be subject to the
same penalties as those prescribed for the offense that the
person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned not more than 5
years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 18, United States Code is amended by adding at
the end the following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act, except that no person may
be found to have violated section 612 of title 18, United
States Code (as added by subsection (a)), on the basis of any
act occurring prior to the date of the enactment of this Act.
SEC. 1072. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date
of the enactment of this Act, the Election Assistance
Commission shall develop and publish recommendations for best
practices for States to use to deter and prevent violations
of section 612 of title 18, United States Code (as added by
section 1071), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the
unlawful interference with registering to vote, or voting, or
attempting to register to vote or vote), including practices
to provide for the posting of relevant information at polling
places and voter registration agencies under such Act, the
training of poll workers and election officials, and relevant
educational materials. For purposes of this subsection, the
term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(b) Inclusion in Voter Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of section
612 of title 18, United States Code, and section 12 of the
National Voter Registration Act of 1993 (52 U.S.C. 20511)
(relating to the unlawful interference with registering to
vote, or voting, or attempting to register to vote or vote),
including information on how individuals may report
allegations of violations of such prohibitions.''.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), 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. ACCESS TO VOTER REGISTRATION AND VOTING FOR
INDIVIDUALS WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State
shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an
individual with a disability if the application is received
by the appropriate State election official within the
deadline for the election which is applicable under Federal
law;
``(3) in addition to any other method of registering to
vote or applying for an absentee ballot in the State,
establish procedures--
``(A) for individuals with disabilities to request by mail
and electronically voter registration applications and
absentee ballot applications with respect to elections for
Federal office in accordance with subsection (c);
``(B) for States to send by mail and electronically (in
accordance with the preferred method of transmission
designated by the individual under subparagraph (C)) voter
registration applications and absentee ballot applications
requested under subparagraph (A) in accordance with
subsection (c); and
``(C) by which such an individual can designate whether the
individual prefers that such voter registration application
or absentee ballot application be transmitted by mail or
electronically;
[[Page H2420]]
``(4) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee
ballots to individuals with disabilities with respect to
elections for Federal office in accordance with subsection
(d);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the case in
which the request is received at least 45 days before an
election for Federal office, not later than 45 days before
the election; and
``(B) in the case in which the request is received less
than 45 days before an election for Federal office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined appropriate by the
State, in a manner that expedites the transmission of such
absentee ballot; and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide
Information on Registration and Absentee Ballot Procedures
for All Disabled Voters in State.--Each State shall designate
a single office which shall be responsible for providing
information regarding voter registration procedures and
absentee ballot procedures to be used by individuals with
disabilities with respect to elections for Federal office to
all individuals with disabilities who wish to register to
vote or vote in any jurisdiction in the State.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To
Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting
Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State to
request voter registration applications and absentee ballot
applications under subsection (a)(3);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested under
such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals
with disabilities, including a means of electronic
communication for the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include
a means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(3)(C), the State shall
transmit the voter registration application or absentee
ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots by mail
and electronically (in accordance with the preferred method
of transmission designated by the individual with a
disability under subparagraph (B)) to individuals with
disabilities for an election for Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such blank
absentee ballot be transmitted by mail or electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit
the ballot by any delivery method allowable in accordance
with applicable State law, or if there is no applicable State
law, by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such
as assigning a unique identifier to the ballot, to ensure
that if an individual with a disability requests the State to
transmit a blank absentee ballot to the individual in
accordance with this subsection, the voted absentee ballot
which is returned by the individual is the same blank
absentee ballot which the State transmitted to the
individual.
``(e) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in
paragraph (2)(B), the chief State election official shall
request that the Attorney General grant a waiver to the State
of the application of such subsection. Such request shall
include--
``(A) a recognition that the purpose of such subsection is
to individuals with disabilities enough time to vote in an
election for Federal office;
``(B) an explanation of the hardship that indicates why the
State is unable to transmit such individuals an absentee
ballot in accordance with such subsection;
``(C) the number of days prior to the election for Federal
office that the State requires absentee ballots be
transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such individuals
are able to receive absentee ballots which they have
requested and submit marked absentee ballots to the
appropriate State election official in time to have that
ballot counted in the election for Federal office, which
includes--
``(i) the steps the State will undertake to ensure that
such individuals have time to receive, mark, and submit their
ballots in time to have those ballots counted in the
election;
``(ii) why the plan provides such individuals sufficient
time to vote as a substitute for the requirements under such
subsection; and
``(iii) the underlying factual information which explains
how the plan provides such sufficient time to vote as a
substitute for such requirements.
``(2) Approval of waiver request.--The Attorney General
shall approve a waiver request under paragraph (1) if the
Attorney General determines each of the following
requirements are met:
``(A) The comprehensive plan under subparagraph (D) of such
paragraph provides individuals with disabilities sufficient
time to receive absentee ballots they have requested and
submit marked absentee ballots to the appropriate State
election official in time to have that ballot counted in the
election for Federal office.
``(B) One or more of the following issues creates an undue
hardship for the State:
``(i) The State's primary election date prohibits the State
from complying with subsection (a)(5)(A).
``(ii) The State has suffered a delay in generating ballots
due to a legal contest.
``(iii) The State Constitution prohibits the State from
complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under subparagraph
(B), a State that requests a waiver under paragraph (1) shall
submit to the Attorney General the written waiver request not
later than 90 days before the election for Federal office
with respect to which the request is submitted. The Attorney
General shall approve or deny the waiver request not later
than 65 days before such election.
``(B) Exception.--If a State requests a waiver under
paragraph (1) as the result of an undue hardship described in
paragraph (2)(B)(ii), the State shall submit to the Attorney
General the written waiver request as soon as practicable.
The Attorney General shall approve or deny the waiver request
not later than 5 business days after the date on which the
request is received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election
for Federal office for which the request was submitted. For
each subsequent election for Federal office, the Attorney
General shall only approve a waiver if the State has
submitted a request under paragraph (1) with respect to such
election.
``(f) Rule of Construction.--Nothing in this section may be
construed to allow the marking or casting of ballots over the
internet.
``(g) Individual With a Disability Defined.--In this
section, an `individual with a disability' means an
individual with an impairment that substantially limits any
major life activities and who is otherwise qualified to vote
in elections for Federal office.
``(h) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 311(b)
of such Act (52 U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO
ASSURE VOTING ACCESS FOR INDIVIDUALS WITH
DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help
America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by
striking paragraphs (1) and (2) and inserting the following:
[[Page H2421]]
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or
dexterity) through the implementation of accessible absentee
voting systems that work in conjunction with assistive
technologies for which individuals have access at their
homes, independent living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the
same opportunity for access and participation (including
privacy and independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new
paragraph:
``(4) For fiscal year 2020 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such
Act (52 U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2020 or any succeeding fiscal
year, any portion of such amounts which have not been
obligated or expended by the State or unit of local
government prior to the expiration of the 4-year period which
begins on the date the State or unit of local government
first received the amounts shall be transferred to the
Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the amounts
transferred under paragraph (1) to make payments on a pro
rata basis to each covered payment recipient described in
subparagraph (B), which may obligate and expend such payment
for the purposes described in section 261(b) during the 1-
year period which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a State or
unit of local government with respect to which--
``(i) amounts were appropriated pursuant to the authority
of subsection (a); and
``(ii) no amounts were transferred to the Commission under
paragraph (1).''.
SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH
DISABILITIES TO REGISTER TO VOTE PRIVATELY AND
INDEPENDENTLY AT RESIDENCES.
(a) Establishment of Pilot Programs.--The Election
Assistance Commission (hereafter referred to as the
``Commission'') shall, subject to the availability of
appropriations to carry out this section, make grants to
eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means
(including the Internet and telephones utilizing assistive
devices) to register to vote and to request and receive
absentee ballots in a manner which permits such individuals
to do so privately and independently at their own residences.
(b) Reports--
(1) In General.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State
during the year.
(2) Deadline.A State shall submit a report under paragraph
(1) not later than 90 days after the last election for public
office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant
under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing such information and assurances as the
Commission may require.
(d) Timing.--The Commission shall make the first grants
under this section for pilot programs which will be in effect
with respect to elections for Federal office held in 2020,
or, at the option of a State, with respect to other elections
for public office held in the State in 2020.
(e) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Common-wealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
Subtitle C--Prohibiting Voter Caging
SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES
PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States
Code, as amended by section 1071(a), is amended by adding at
the end the following:
``Sec. 613. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document that is returned to the
sender or a third party as undelivered or undeliverable
despite an attempt to deliver such document to the address of
a registered voter or applicant; or
``(B) any document with instructions to an addressee that
the document be returned to the sender or a third party but
is not so returned, despite an attempt to deliver such
document to the address of a registered voter or applicant,
unless at least two Federal election cycles have passed since
the date of the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals
who are ineligible to vote in the registrar's jurisdiction,
by virtue of death, conviction, change of address, or
otherwise; unless one of the pieces of information matched
includes a signature, photograph, or unique identifying
number ensuring that the information from each source refers
to the same individual.
``(b) Prohibition Against Voter Caging.--No State or local
election official shall prevent an individual from
registering or voting in any election for Federal office, or
permit in connection with any election for Federal office a
formal challenge under State law to an individual's
registration status or eligibility to vote, if the basis for
such decision is evidence consisting of--
``(1) a voter caging document or voter caging list;
``(2) an unverified match list;
``(3) an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004 of the
Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or
``(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it
is corroborated by independent evidence of the individual's
ineligibility to register or vote.
``(c) Requirements for Challenges by Persons Other Than
Election Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote
in an election for Federal office or to vote in an election
for Federal office unless that challenge is supported by
personal knowledge regarding the grounds for ineligibility
which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the
challenge is ineligible to register to vote or vote in that
election, except a challenge which is based on the race,
ethnicity, or national origin of the individual who is the
subject of the challenge may not be considered to have a good
faith factual basis for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to vote in
an election for Federal office on Election Day, or
``(B) to challenge an individual's eligibility to register
to vote in an election for Federal office or to vote in an
election for Federal office less than 10 days before the
election unless the individual registered to vote less than
20 days before the election.
``(d) Penalties for Knowing Misconduct.--Whoever knowingly
challenges the eligibility of one or more individuals to
register or vote or knowingly causes the eligibility of such
individuals to be challenged in violation of this section
with the intent that one or more eligible voters be
disqualified, shall be fined under this title or imprisoned
not more than 1 year, or both, for each such violation. Each
violation shall be a separate offense.
``(e) No Effect on Related Laws.--Nothing in this section
is intended to override the protections of the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to
affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 18, United States Code, as amended by section
1071(b), is amended by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR
PREVENTING VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date
of the enactment of this Act, the Election Assistance
Commission shall develop and publish for the use of States
recommendations for best practices to deter and prevent
violations of section 613 of title 18, United States Code, as
added by section 1201(a), including practices to provide for
the posting of relevant information at polling places and
voter registration agencies, the training of poll workers and
election officials, and relevant educational measures. For
purposes of this subsection, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)(2)), as amended by section 1072(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
[[Page H2422]]
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition against voter
caging and other questionable challenges (as set forth in
section 613 of title 18, United States Code), including
information on how individuals may report allegations of
violations of such prohibition.''.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and
Voter Intimidation Prevention Act of 2019''.
SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL
ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate or cause to be communicated information described
in subparagraph (B), or produce information described in
subparagraph (B) with the intent that such information be
communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (5); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal penalties associated with voting in any
such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate, or cause to be communicated, a materially false
statement about an endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Definition of `materially false'.--For purposes of
subparagraph (A), a statement about an endorsement is
`materially false' if, with respect to an upcoming election
described in paragraph (5)--
``(i) the statement states that a specifically named
person, political party, or organization has endorsed the
election of a specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or organization has
not endorsed the election of such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color
of law or otherwise, shall intentionally hinder, interfere
with, or prevent another person from voting, registering to
vote, or aiding another person to vote or register to vote in
an election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and inserting the
following:
``(1) Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2), (b)(3), or (b)(4) may institute a civil action for
preventive relief, including an application in a United
States district court for a permanent or temporary
injunction, restraining order, or other order. In any such
action, the court, in its discretion, may allow the
prevailing party a reasonable attorney's fee as part of the
costs.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(e)) is amended by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(B) Subsection (g) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(g)) is amended by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph (A), by
striking ``at any election'' and inserting ``at any general,
primary, run-off, or special election''; and
(C) by adding at the end the following new subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, within 60
days before an election described in subsection (e), by any
means, including by means of written, electronic, or
telephonic communications, to communicate or cause to be
communicated information described in subparagraph (B), or
produce information described in subparagraph (B) with the
intent that such information be communicated, if such
person--
``(i) knows such information to be materially false; and
``(ii) has the intent to mislead voters, or the intent to
impede or prevent another person from exercising the right to
vote in an election described in subsection (e).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time or place of holding any election described
in subsection (e); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal penalties associated with voting in any
such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to
intentionally hinder, interfere with, or prevent another
person from voting, registering to vote, or aiding another
person to vote or register to vote in an election described
in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(d) Attempt.--Any person who attempts to commit any
offense described in subsection (a), (b)(1), or (c)(1) shall
be subject to the same penalties as those prescribed for the
offense that the person attempted to commit.
``(e) Election Described.--An election described in this
subsection is any general, primary, run-off, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this
title or imprisoned not more than one year'' and inserting
``fined not more than $100,000, imprisoned for not more than
5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.
SEC. 1303. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3)
of section 2004(b) of the Revised Statutes (52 U.S.C.
10101(b)), as added by section 1302(a), and if the Attorney
General determines that State and local election officials
have not taken adequate steps to promptly communicate
accurate information to correct the materially false
information, the Attorney General shall, pursuant to the
written procedures and standards under subsection (b),
communicate to the public, by any means, including by means
of written, electronic, or telephonic communications,
accurate information designed to correct the materially false
information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
[[Page H2423]]
(i) be accurate and objective;
(ii) consist of only the information necessary to correct
the materially false information that has been or is being
communicated; and
(iii) to the extent practicable, be by a means that the
Attorney General determines will reach the persons to whom
the materially false information has been or is being
communicated; and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining
before the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to carry out this subtitle.
SEC. 1304. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall
submit to Congress a report compiling all allegations
received by the Attorney General of deceptive practices
described in paragraphs (2), (3), and (4) of section 2004(b)
of the Revised Statutes (52 U.S.C. 10101(b)), as added by
section 1302(a), relating to the general election for Federal
office and any primary, run-off, or a special election for
Federal office held in the 2 years preceding the general
election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons toward whom
the alleged deceptive practice was directed;
(B) the status of the investigation of each allegation
described in subparagraph (A);
(C) a description of each corrective action taken by the
Attorney General under section 4(a) in response to an
allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State, or
local agencies;
(E) to the extent information is available, a description
of any civil action instituted under section 2004(c)(2) of
the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by
section 1302(b), in connection with an allegation described
in subparagraph (A); and
(F) a description of any criminal prosecution instituted
under section 594 of title 18, United States Code, as amended
by section 3(c), in connection with the receipt of an
allegation described in subparagraph (A) by the Attorney
General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not include in
a report submitted under subsection (a) any information
protected from disclosure by rule 6(e) of the Federal Rules
of Criminal Procedure or any Federal criminal statute.
(B) Exclusion of certain other information.--The Attorney
General may determine that the following information shall
not be included in a report submitted under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing investigation.
(iii) Any information concerning a criminal or civil
proceeding conducted under seal.
(iv) Any other nonpublic information that the Attorney
General determines the disclosure of which could reasonably
be expected to infringe on the rights of any individual or
adversely affect the integrity of a pending or future
criminal investigation.
(c) Report Made Public.--On the date that the Attorney
General submits the report under subsection (a), the Attorney
General shall also make the report publicly available through
the Internet and other appropriate means.
Subtitle E--Democracy Restoration
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration
Act of 2019''.
SEC. 1402. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United
States to vote in any election for Federal office shall not
be denied or abridged because that individual has been
convicted of a criminal offense unless such individual is
serving a felony sentence in a correctional institution or
facility at the time of the election.
SEC. 1403. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil
action, obtain such declaratory or injunctive relief as is
necessary to remedy a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation
to the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt
of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may, in a civil action, obtain declaratory
or injunctive relief with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief
election official of the State under paragraph (1) before
bringing a civil action to obtain declaratory or injunctive
relief with respect to the violation.
SEC. 1404. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who
has been convicted of a criminal offense under the law of
that State that such individual has the right to vote in an
election for Federal office pursuant to the Democracy
Restoration Act of 2019 and may register to vote in any such
election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given on the date on which the
individual--
(i) is sentenced to serve only a term of probation; or
(ii) is released from the custody of that State (other than
to the custody of another State or the Federal Government to
serve a term of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a State
court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to
the Democracy Restoration Act of 2019 and may register to
vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given--
(i) in the case of an individual who is sentenced to serve
only a term of probation, by the Assistant Director for the
Office of Probation and Pretrial Services of the
Administrative Office of the United States Courts on the date
on which the individual is sentenced; or
(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the date that is 6
months before such individual is released and ending on the
date such individual is released from the custody of the
Bureau of Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a court
established by an Act of Congress.
SEC. 1405. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center
(or similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party held to
nominate a candidate;
(C) a primary election held for the selection of delegates
to a national nominating convention of a political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election to the
office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States,
or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without
a condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an officer of
the court; or
(D) supervision of the individual by an officer of the
court.
[[Page H2424]]
SEC. 1406. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this
subtitle be construed to prohibit the States from enacting
any State law which affords the right to vote in any election
for Federal office on terms less restrictive than those
established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies
established by this subtitle are in addition to all other
rights and remedies provided by law, and neither rights and
remedies established by this Act shall supersede, restrict,
or limit the application of the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.) or the National Voter Registration Act
of 1993 (52 U.S.C. 20501 et seq.).
SEC. 1407. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may
receive or use, to construct or otherwise improve a prison,
jail, or other place of incarceration, any Federal funds
unless that person has in effect a program under which each
individual incarcerated in that person's jurisdiction who is
a citizen of the United States is notified, upon release from
such incarceration, of that individual's rights under section
1402.
SEC. 1408. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States
voting in any election for Federal office held after the date
of the enactment of this Act.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and
Increased Accessibility Act of 2019''.
SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as
follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The voting system
shall require the use of an individual, durable, voter-
verified paper ballot of the voter's vote that shall be
marked and made available for inspection and verification by
the voter before the voter's vote is cast and counted, and
which shall be counted by hand or read by an optical
character recognition device or other counting device. For
purposes of this subclause, the term `individual, durable,
voter-verified paper ballot' means a paper ballot marked by
the voter by hand or a paper ballot marked through the use of
a nontabulating ballot marking device or system, so long as
the voter shall have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the voter with an
opportunity to correct any error on the paper ballot before
the permanent voter-verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not preserve the voter-
verified paper ballots in any manner that makes it possible,
at any time after the ballot has been cast, to associate a
voter with the record of the voter's vote without the voter's
consent.
``(ii) Preservation as official record.--The individual,
durable, voter-verified paper ballot used in accordance with
clause (i) shall constitute the official ballot and shall be
preserved and used as the official ballot for purposes of any
recount or audit conducted with respect to any election for
Federal office in which the voting system is used.
``(iii) Manual counting requirements for recounts and
audits.--(I) Each paper ballot used pursuant to clause (i)
shall be suitable for a manual audit, and shall be counted by
hand in any recount or audit conducted with respect to any
election for Federal office.
``(II) In the event of any inconsistencies or
irregularities between any electronic vote tallies and the
vote tallies determined by counting by hand the individual,
durable, voter-verified paper ballots used pursuant to clause
(i), and subject to subparagraph (B), the individual,
durable, voter-verified paper ballots shall be the true and
correct record of the votes cast.
``(iv) Application to all ballots.--The requirements of
this subparagraph shall apply to all ballots cast in
elections for Federal office, including ballots cast by
absent uniformed services voters and overseas voters under
the Uniformed and Overseas Citizens Absentee Voting Act and
other absentee voters.
``(B) Special rule for treatment of disputes when paper
ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency between any electronic
vote tallies and the vote tallies determined by counting by
hand the individual, durable, voter-verified paper ballots
used pursuant to subparagraph (A)(i) with respect to any
election for Federal office; and
``(II) it is demonstrated by clear and convincing evidence
(as determined in accordance with the applicable standards in
the jurisdiction involved) in any recount, audit, or contest
of the result of the election that the paper ballots have
been compromised (by damage or mischief or otherwise) and
that a sufficient number of the ballots have been so
compromised that the result of the election could be changed,
the determination of the appropriate remedy with respect to
the election shall be made in accordance with applicable
State law, except that the electronic tally shall not be used
as the exclusive basis for determining the official certified
result.
``(ii) Rule for consideration of ballots associated with
each voting machine.--For purposes of clause (i), only the
paper ballots deemed compromised, if any, shall be considered
in the calculation of whether or not the result of the
election could be changed due to the compromised paper
ballots.''.
(b) Conforming Amendment Clarifying Applicability of
Alternative Language Accessibility.--Section 301(a)(4) of
such Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be used under
paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to
read as follows:
``(B)(i) ensure that individuals with disabilities and
others are given an equivalent opportunity to vote, including
with privacy and independence, in a manner that produces a
voter-verified paper ballot as for other voters;
``(ii) satisfy the requirement of subparagraph (A) through
the use of at least one voting system equipped for
individuals with disabilities, including nonvisual and
enhanced visual accessibility for the blind and visually
impaired, and nonmanual and enhanced manual accessibility for
the mobility and dexterity impaired, at each polling place;
and
``(iii) meet the requirements of subparagraph (A) and
paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and independently
verify the permanent paper ballot through the presentation,
in accessible form, of the printed or marked vote selections
from the same printed or marked information that would be
used for any vote counting or auditing; and
``(II) allows the voter to privately and independently
verify and cast the permanent paper ballot without requiring
the voter to manually handle the paper ballot;''.
(b) Specific Requirement of Study, Testing, and Development
of Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new
section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT
VERIFICATION MECHANISMS.
``(a) Study and Report.--The Director of the National
Science Foundation shall make grants to not fewer than 3
eligible entities to study, test, and develop accessible
paper ballot voting, verification, and casting mechanisms and
devices and best practices to enhance the accessibility of
paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary
language is not English, and for voters with difficulties in
literacy, including best practices for the mechanisms
themselves and the processes through which the mechanisms are
used.
``(b) Eligibility.--An entity is eligible to receive a
grant under this part if it submits to the Director (at such
time and in such form as the Director may require) an
application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than December
31, 2020; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed
with the grants made under this section shall be treated as
non-proprietary and shall be made available to the public,
including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology
Improvements.--The Director shall carry out this section so
that the activities carried out with the grants made under
subsection (a) are coordinated with the research conducted
under the grant program carried out by the Commission under
section 271, to the extent that the Director and Commission
determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to
[[Page H2425]]
carry out subsection (a) $5,000,000, to remain available
until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 247 as
relating to section 248; and
(B) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(c) Clarification of Accessibility Standards Under
Voluntary Voting System Guidance.--In adopting any voluntary
guidance under subtitle B of title III of the Help America
Vote Act with respect to the accessibility of the paper
ballot verification requirements for individuals with
disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable
under the voluntary guidance adopted for accessible voting
systems under such subtitle.
(d) Permitting Use of Funds for Protection and Advocacy
Systems to Support Actions to Enforce Election-related
Disability Access.--Section 292(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``;
except that'' and all that follows and inserting a period.
SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR
BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)) is amended by adding at the end the
following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper ballots
required to be used under this Act shall be marked or printed
on durable paper.
``(ii) Definition.--For purposes of this Act, paper is
`durable' if it is capable of withstanding multiple counts
and recounts by hand without compromising the fundamental
integrity of the ballots, and capable of retaining the
information marked or printed on them for the full duration
of a retention and preservation period of 22 months.
``(B) Readability requirements for paper ballots marked by
ballot marking device.--All voter-verified paper ballots
completed by the voter through the use of a ballot marking
device shall be clearly readable by the voter without
assistance (other than eyeglasses or other personal vision
enhancing devices) and by an optical character recognition
device or other device equipped for individuals with
disabilities.''.
SEC. 1505. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52
U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1,
2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the requirements of this section which are first
imposed on a State and jurisdiction pursuant to the
amendments made by the Voter Confidence and Increased
Accessibility Act of 2019 shall apply with respect to voting
systems used for any election for Federal office held in 2020
or any succeeding year.
``(B) Delay for jurisdictions using certain paper record
printers or certain systems using or producing voter-
verifiable paper records in 2018.--
``(i) Delay.--In the case of a jurisdiction described in
clause (ii), subparagraph (A) shall apply to a voting system
in the jurisdiction as if the reference in such subparagraph
to `2020' were a reference to `2022', but only with respect
to the following requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to
the use of voter-verified paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a)
(relating to access to verification from and casting of the
durable paper ballot).
``(III) Paragraph (7) of subsection (a) (relating to
durability and readability requirements for ballots).
``(ii) Jurisdictions described.--A jurisdiction described
in this clause is a jurisdiction--
``(I) which used voter verifiable paper record printers
attached to direct recording electronic voting machines, or
which used other voting systems that used or produced paper
records of the vote verifiable by voters but that are not in
compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) and
(II), and (7) of subsection (a) (as amended or added by the
Voter Confidence and Increased Accessibility Act of 2019),
for the administration of the regularly scheduled general
election for Federal office held in November 2018; and
``(II) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before 2022.
``(iii) Mandatory availability of paper ballots at polling
places using grandfathered printers and systems.--
``(I) Requiring ballots to be offered and provided.--The
appropriate election official at each polling place that uses
a printer or system described in clause (ii)(I) for the
administration of elections for Federal office shall offer
each individual who is eligible to cast a vote in the
election at the polling place the opportunity to cast the
vote using a blank pre-printed paper ballot which the
individual may mark by hand and which is not produced by the
direct recording electronic voting machine or other such
system. The official shall provide the individual with the
ballot and the supplies necessary to mark the ballot, and
shall ensure (to the greatest extent practicable) that the
waiting period for the individual to cast a vote is the
lesser of 30 minutes or the average waiting period for an
individual who does not agree to cast the vote using such a
paper ballot under this clause.
``(II) Treatment of ballot.--Any paper ballot which is cast
by an individual under this clause shall be counted and
otherwise treated as a regular ballot for all purposes
(including by incorporating it into the final unofficial vote
count (as defined by the State) for the precinct) and not as
a provisional ballot, unless the individual casting the
ballot would have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The appropriate election
official shall ensure there is prominently displayed at each
polling place a notice that describes the obligation of the
official to offer individuals the opportunity to cast votes
using a pre-printed blank paper ballot.
``(IV) Training of election officials.--The chief State
election official shall ensure that election officials at
polling places in the State are aware of the requirements of
this clause, including the requirement to display a notice
under subclause (III), and are aware that it is a violation
of the requirements of this title for an election official to
fail to offer an individual the opportunity to cast a vote
using a blank pre-printed paper ballot.
``(V) Period of applicability.--The requirements of this
clause apply only during the period in which the delay is in
effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking device
which automatically deposits the ballot into a privacy
sleeve, subparagraph (A) shall apply to a voting system in
the jurisdiction as if the reference in such subparagraph to
`any election for Federal office held in 2020 or any
succeeding year' were a reference to `elections for Federal
office occurring held in 2022 or each succeeding year', but
only with respect to paragraph (3)(B)(iii)(II) of subsection
(a) (relating to nonmanual casting of the durable paper
ballot).''.
Subtitle G--Provisional Ballots
SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY
STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for
each election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52
U.S.C. 21082(f)), as redesignated by subsection (a), is
amended by striking ``Each State'' and inserting ``Except as
provided in subsections (d)(2) and (e)(2), each State''.
Subtitle H--Early Voting
SEC. 1611. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a) and section 1101(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election, in the
same manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall
consist of a period of consecutive days (including weekends)
which begins on the 15th day before the date of the election
(or, at the option of the State, on a day prior to the 15th
day before the date of the election) and ends on the date of
the election.
[[Page H2426]]
``(b) Minimum Early Voting Requirements.--Each polling
place which allows voting during an early voting period under
subsection (a) shall--
``(1) allow such voting for no less than 4 hours on each
day, except that the polling place may allow such voting for
fewer than 4 hours on Sundays; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public
Transportation.--To the greatest extent practicable, a State
shall ensure that each polling place which allows voting
during an early voting period under subsection (a) is located
within walking distance of a stop on a public transportation
route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice,
to deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack,
or a change in voter turnout.
``(e) Effective Date.--This section shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 311(b)
of such Act (52 U.S.C. 21101(b)), as amended by section
1101(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of the recommendations with respect to
section 306, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c) and section 1101(d), is
amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Early voting.''.
Subtitle I--Voting by Mail
SEC. 1621. VOTING BY MAIL.
(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1101(a), and section
1611(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309; and
(2) by inserting after section 306 the following new
section:
``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State
may not impose any additional conditions or requirements on
the eligibility of the individual to cast the vote in such
election by absentee ballot by mail, except as required under
subsection (b) and except to the extent that the State
imposes a deadline for requesting the ballot and related
voting materials from the appropriate State or local election
official and for returning the ballot to the appropriate
State or local election official.
``(b) Requiring Signature Verification.--
``(1) Requirement.--A State may not accept and process an
absentee ballot submitted by any individual with respect to
an election for Federal office unless the State verifies the
identification of the individual by comparing the
individual's signature on the absentee ballot with the
individual's signature on the official list of registered
voters in the State, in accordance with such procedures as
the State may adopt (subject to the requirements of paragraph
(2)).
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy.--If an
individual submits an absentee ballot and the appropriate
State or local election official determines that a
discrepancy exists between the signature on such ballot and
the signature of such individual on the official list of
registered voters in the State, such election official, prior
to making a final determination as to the validity of such
ballot, shall make a good faith effort to immediately notify
such individual by mail, telephone, and (if available)
electronic mail that--
``(i) a discrepancy exists between the signature on such
ballot and the signature of such individual on the official
list of registered voters in the State;
``(ii) such individual may provide the official with
information to cure such discrepancy, either in person, by
telephone, or by electronic methods; and
``(iii) if such discrepancy is not cured prior to the
expiration of the 7-day period which begins on the date of
the election, such ballot will not be counted.
``(B) Other requirements.--An election official may not
make a determination that a discrepancy exists between the
signature on an absentee ballot and the signature of the
individual who submits the ballot on the official list of
registered voters in the State unless--
``(i) at least 2 election officials make the determination;
and
``(ii) each official who makes the determination has
received training in procedures used to verify signatures.
``(c) Deadline for Providing Balloting Materials.--If an
individual requests to vote by absentee ballot in an election
for Federal office, the appropriate State or local election
official shall ensure that the ballot and relating voting
materials are received by the individual--
``(1) not later than 2 weeks before the date of the
election; or
``(2) in the case of a State which imposes a deadline for
requesting an absentee ballot and related voting materials
which is less than 2 weeks before the date of the election,
as expeditiously as possible before the date of the election.
``(d) Accessibility for Individuals With Disabilities.--
Consistent with section 305, the State shall ensure that all
absentee ballots and related voting materials in elections
for Federal office are accessible to individuals with
disabilities in a manner that provides the same opportunity
for access and participation (including with privacy and
independence) as for other voters.
``(e) Payment of Postage on Ballots.--Consistent with
regulations of the United States Postal Service, the State or
the unit of local government responsible for the
administration of an election for Federal office shall prepay
the postage on any ballot in the election which is cast by
mail.
``(f) Uniform Deadline for Acceptance of Mailed Ballots.--
If a ballot submitted by an individual by mail with respect
to an election for Federal office in a State is postmarked on
or before the date of the election, the State may not refuse
to accept or process the ballot on the grounds that the
individual did not meet a deadline for returning the ballot
to the appropriate State or local election official.
``(g) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to
affect the treatment of any ballot submitted by an individual
who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
``(h) Effective Date.--This section shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 311(b)
of such Act (52 U.S.C. 21101(b)), as amended by section
1101(b) and section 1611(b), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) in the case of the recommendations with respect to
section 307, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), and section
1611(c), is amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Promoting ability of voters to vote by mail.''.
(d) Development of Biometric Verification.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of biometric
methods which could be used voluntarily in place of the
signature verification requirements of section 307(b) of the
Help America Vote Act of 2002 (as added by subsection (a))
for purposes of verifying the identification of an individual
voting by absentee ballot in elections for Federal office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than one year after the date of
the enactment of this Act, the National Institute of
Standards shall publish the standards developed under
paragraph (1).
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND
TRANSMISSION OF ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read
as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State
shall submit a report to the Attorney General, the Election
Assistance Commission (hereafter in this subsection referred
to as the `Commission'), and the Presidential Designee, and
make that report publicly available that same day, certifying
that absentee ballots for the election are or will be
available for transmission to absent uniformed services
voters and overseas voters by not later than 45 days before
the election. The report shall be in a form prescribed
jointly by the Attorney General and the Commission and shall
require the State to certify specific information about
ballot availability from each unit of local government which
will administer the election.
[[Page H2427]]
``(2) Pre-election report on absentee ballot
transmission.--Not later than 43 days before any regularly
scheduled general election for Federal office, each State
shall submit a report to the Attorney General, the
Commission, and the Presidential Designee, and make that
report publicly available that same day, certifying whether
all absentee ballots have been transmitted by not later than
45 days before the election to all qualified absent uniformed
services and overseas voters whose requests were received at
least 45 days before the election. The report shall be in a
form prescribed jointly by the Attorney General and the
Commission, and shall require the State to certify specific
information about ballot transmission, including the total
numbers of ballot requests received and ballots transmitted,
from each unit of local government which will administer the
election.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the
case of a unit of local government) submit a report to the
Attorney General, the Commission, and the Presidential
Designee on the combined number of absentee ballots
transmitted to absent uniformed services voters and overseas
voters for the election and the combined number of such
ballots which were returned by such voters and cast in the
election, and shall make such report available to the general
public that same day.''.
SEC. 1702. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of
Action.--Section 105 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20307) is amended to read as
follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring civil
action in an appropriate district court for such declaratory
or injunctive relief as may be necessary to carry out this
title.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest,
assess a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each such
violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each such
violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--A person who is aggrieved
by a State's violation of this title may bring a civil action
in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this
title.
``(c) State as Only Necessary Defendant.--In any action
brought under this section, the only necessary party
defendant is the State, and it shall not be a defense to any
such action that a local election official or a unit of local
government is not named as a defendant, notwithstanding that
a State has exercised the authority described in section 576
of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought
under this section.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations alleged to have
occurred on or after the date of the enactment of this Act.
SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION
RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as
provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure to
Meet Requirement.--Section 102 of such Act (52 U.S.C. 20302),
as amended by subsection (a), is amended by inserting after
subsection (f) the following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure
To Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A)
to transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the voter by
express delivery; or
``(B) in the case of a voter who has designated that
absentee ballots be transmitted electronically in accordance
with subsection (f)(1), the State shall transmit the ballot
to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before
the election, the State shall enable the ballot to be
returned by the voter by express delivery, except that in the
case of an absentee ballot of an absent uniformed services
voter for a regularly scheduled general election for Federal
office, the State may satisfy the requirement of this
paragraph by notifying the voter of the procedures for the
collection and delivery of such ballots under section 103A.
``(3) Payment for use of express delivery.--The State shall
be responsible for the payment of the costs associated with
the use of express delivery for the transmittal of ballots
under this subsection.''.
(c) Clarification of Treatment of Weekends.--Section
102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) is
amended by striking ``the election;'' and inserting the
following: ``the election (or, if the 45th day preceding the
election is a weekend or legal public holiday, not later than
the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request
is received by at least such most recent weekday);''.
SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR
SUBSEQUENT ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to
read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT
ELECTIONS.
``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered an
application for an absentee ballot for each subsequent
election for Federal office held in the State through the
next regularly scheduled general election for Federal office
(including any runoff elections which may occur as a result
of the outcome of such general election), the State shall
provide an absentee ballot to the voter for each such
subsequent election.
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State or is otherwise no longer eligible to vote in the
State.
``(c) Prohibition of Refusal of Application on Grounds of
Early Submission.--A State may not refuse to accept or to
process, with respect to any election for Federal office, any
otherwise valid voter registration application or absentee
ballot application (including the postcard form prescribed
under section 101) submitted by an absent uniformed services
voter or overseas voter on the grounds that the voter
submitted the application before the first date on which the
State otherwise accepts or processes such applications for
that election which are submitted by absentee voters who are
not members of the uniformed services or overseas
citizens.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to voter registration and absentee
ballot applications which are submitted to a State or local
election official on or after the date of the enactment of
this Act.
SEC. 1705. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with
respect to elections occurring on or after January 1, 2020.
Subtitle K--Poll Worker Recruitment and Training
SEC. 1801. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND
TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations provided to carry out
this section, make a grant to each eligible State for
recruiting and training individuals to serve as poll workers
on dates of elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker
recruiting, training and retention as an interactive training
tool, and shall develop training programs with the
participation and input of experts in adult learning.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for
the payment to the Commission at such time and in such manner
and containing such information as the Commission shall
require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought;
(B) provide assurances that the funds provided under this
section will be used to supplement and not supplant other
funds used to carry out the activities;
(C) provide assurances that the State will furnish the
Commission with information on the number of individuals who
served as poll workers after recruitment and training with
the funds provided under this section; and
[[Page H2428]]
(D) provide such additional information and certifications
as the Commission determines to be essential to ensure
compliance with the requirements of this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants to
States under this section; and
(B) the voting age population percentage for the State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as determined
on the basis of the most recent information available from
the Bureau of the Census); and
(B) the total voting age population of all States (as
determined on the basis of the most recent information
available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants
made under this section and the activities carried out by
recipients with the grants, and shall include in the report
such recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than
3 percent shall be available for administrative expenses of
the Commission.
SEC. 1802. STATE DEFINED.
In this subtitle, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
Subtitle L--Enhancement of Enforcement
SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE
ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--
Section 401 of the Help America Vote Act of 2002 (52 U.S.C.
21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--
``(1) In general.--A person who is aggrieved by a violation
of title III which has occurred, is occurring, or is about to
occur may file a written, signed, notarized complaint with
the Attorney General describing the violation and requesting
the Attorney General to take appropriate action under this
section. The Attorney General shall immediately provide a
copy of a complaint filed under the previous sentence to the
entity responsible for administering the State-based
administrative complaint procedures described in section
402(a) for the State involved.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney
General that require responses and determinations to be made
within the same (or shorter) deadlines which apply to a State
under the State-based administrative complaint procedures
described in section 402(a)(2). The Attorney General shall
immediately provide a copy of the response made under the
previous sentence to the entity responsible for administering
the State-based administrative complaint procedures described
in section 402(a) for the State involved.
``(c) Availability of Private Right of Action.--Any person
who is authorized to file a complaint under subsection (b)(1)
(including any individual who seeks to enforce the
individual's right to a voter-verified paper ballot, the
right to have the voter-verified paper ballot counted in
accordance with this Act, or any other right under title III)
may file an action under section 1979 of the Revised Statutes
of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this
section may be construed to affect the availability of the
State-based administrative complaint procedures required
under section 402 to any person filing a complaint under this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring with respect
to elections for Federal office held in 2020 or any
succeeding year.
Subtitle M--Federal Election Integrity
SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE
ELECTION ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting
after section 319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a
chief State election administration official to take an
active part in political management or in a political
campaign with respect to any election for Federal office over
which such official has supervisory authority.
``(b) Chief State Election Administration Official.--The
term `chief State election administration official' means the
highest State official with responsibility for the
administration of Federal elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or
in a political campaign' means--
``(1) serving as a member of an authorized committee of a
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception in Case of Recusal From Administration of
Elections Involving Official or Immediate Family Member.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate, but
only if--
``(A) such official recuses himself or herself from all of
the official's responsibilities for the administration of
such election; and
``(B) the official who assumes responsibility for
supervising the administration of the election does not
report directly to such official.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to elections for Federal office held
after December 2019.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.
(a) Treatment of Certain Institutions as Voter Registration
Agencies Under National Voter Registration Act of 1993.--
Section 7(a) of the National Voter Registration Act of 1993
(52 U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) each institution of higher education which has a
program participation agreement in effect with the Secretary
of Education under section 487 of the Higher Education Act of
1965 (20 U.S.C. 1094), other than an institution which is
treated as a contributing agency under the Automatic Voter
Registration Act of 2019.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, with each registration of
a student for enrollment in a course of study, including
enrollment in a program of distance education, as defined in
section 103(7) of the Higher Education Act of 1965 (20 U.S.C.
1003(7)),'' after ``assistance,''.
(b) Responsibilities of Institutions Under Higher Education
Act of 1965.--
(1) In general.--Section 487(a)(23) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as
follows:
``(23)(A)(i) The institution will ensure that an
appropriate staff person or office is designated publicly as
a `Campus Vote Coordinator' and will ensure that such
person's or office's contact information is included on the
institution's website.
``(ii) Not fewer than twice during each calendar year
(beginning with 2020), the Campus Vote Coordinator shall
transmit electronically to each student enrolled in the
institution (including students enrolled in distance
education programs) a message containing the following
information:
``(I) Information on the location of polling places in the
jurisdiction in which the institution is located, together
with information on available methods of transportation to
and from such polling places.
``(II) A referral to a government-affiliated website or
online platform which provides centralized voter registration
information for all States, including access to applicable
voter registration forms and information to assist
individuals who are not registered to vote in registering to
vote.
``(III) Any additional voter registration and voting
information the Coordinator considers appropriate, in
consultation with the appropriate State election official.
[[Page H2429]]
``(iii) In addition to transmitting the message described
in clause (ii) not fewer than twice during each calendar
year, the Campus Vote Coordinator shall transmit the message
under such clause not fewer than 30 days prior to the
deadline for registering to vote for any election for
Federal, State, or local office in the State.
``(B) If the institution in its normal course of operations
requests each student registering for enrollment in a course
of study, including students registering for enrollment in a
program of distance education, to affirm whether or not the
student is a United States citizen, the institution will
comply with the applicable requirements for a contributing
agency under the Automatic Voter Registration Act of 2019.
``(C) If the institution is not described in subparagraph
(B), the institution will comply with the requirements for a
voter registration agency in the State in which it is located
in accordance with section 7 of the National Voter
Registration Act of 1993 (52 U.S.C. 20506).
``(D) This paragraph applies only with respect to an
institution which is located in a State to which section 4(b)
of the National Voter Registration Act of 1993 (52 U.S.C.
20503(b)) does not apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to elections held on or after
January 1, 2020.
(c) Grants to Institutions Demonstrating Excellence in
Student Voter Registration.--
(1) Grants authorized.--The Secretary of Education may
award competitive grants to public and private nonprofit
institutions of higher education that are subject to the
requirements of section 487(a)(23) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection
(a) and that the Secretary determines have demonstrated
excellence in registering students to vote in elections for
public office beyond meeting the minimum requirements of such
section.
(2) Eligibility.--An institution of higher education is
eligible to receive a grant under this subsection if the
institution submits to the Secretary of Education, at such
time and in such form as the Secretary may require, an
application containing such information and assurances as the
Secretary may require to make the determination described in
paragraph (1), including information and assurances that the
institution carried out activities to promote voter
registration by students, such as the following:
(A) Sponsoring large on-campus voter mobilization efforts.
(B) Engaging the surrounding community in nonpartisan voter
registration and get out the vote efforts.
(C) Creating a website for students with centralized
information about voter registration and election dates.
(D) Inviting candidates to speak on campus.
(E) Offering rides to students to the polls to increase
voter education, registration, and mobilization.
(3) Authorization of appropriations.--There are authorized
to be appropriated for fiscal year 2020 and each succeeding
fiscal year such sums as may be necessary to award grants
under this subsection.
(d) Sense of Congress Relating to Option of Students to
Register in Jurisdiction of Institution of Higher Education
or Jurisdiction of Domicile.--It is the sense of Congress
that, as provided under existing law, students who attend an
institution of higher education and reside in the
jurisdiction of the institution while attending the
institution should have the option of registering to vote in
elections for Federal office in that jurisdiction or in the
jurisdiction of their own domicile.
SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS
AFFECTED BY POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected
by Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is
a registered voter in a State to a polling place with respect
to an election for Federal office which is not the same
polling place to which the individual was previously assigned
with respect to the most recent election for Federal office
in the State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the location
of the polling place not later than 7 days before the date of
the election; or
``(B) if the State makes such an assignment fewer than 7
days before the date of the election and the individual
appears on the date of the election at the polling place to
which the individual was previously assigned, the State shall
make every reasonable effort to enable the individual to vote
on the date of the election.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52
U.S.C. 21082(g)), as redesignated by subsection (a) and as
amended by section 1601(b), is amended by striking ``(d)(2)
and (e)(2)'' and inserting ``(d)(2), (e)(2), and (f)(2)''.
SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO
MEET IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual
present identification as a condition of receiving and
casting a ballot in an election for Federal office, the State
shall permit the individual to meet the requirement--
``(A) in the case of an individual who desires to vote in
person, by presenting the appropriate State or local election
official with a sworn written statement, signed by the
individual under penalty of perjury, attesting to the
individual's identity and attesting that the individual is
eligible to vote in the election; or
``(B) in the case of an individual who desires to vote by
mail, by submitting with the ballot the statement described
in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed
version of the statement described in paragraph (1)(A) which
includes a blank space for an individual to provide a name
and signature for use by election officials in States which
are subject to paragraph (1).
``(3) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is prepared by
the Commission available at polling places for election
officials to distribute to individuals who desire to vote in
person; and
``(B) include a copy of such pre-printed version of the
statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or
submits a sworn written statement in accordance with
subsection (a)(1) shall be permitted to cast a ballot in the
election in the same manner as an individual who presents
identification.
``(c) Exception for First-time Voters Registering by
Mail.--Subsections (a) and (b) do not apply with respect to
any individual described in paragraph (1) of section 303(b)
who is required to meet the requirements of paragraph (2) of
such section.''.
(b) Requiring States to Include Information on Use of Sworn
Written Statement in Voting Information Material Posted at
Polling Places.--Section 302(b)(2) of such Act (52 U.S.C.
21082(b)(2)), as amended by section 1072(b) and section
1202(b), is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a State that has in effect a
requirement that an individual present identification as a
condition of receiving and casting a ballot in an election
for Federal office, information on how an individual may meet
such requirement by presenting a sworn written statement in
accordance with section 303A.''.
(c) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303 the following new item:
``Sec. 303A. Permitting use of sworn written statement to meet
identification requirements.''.
(e) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring on or after
the date of the enactment of this Act.
SEC. 1904. POSTAGE-FREE BALLOTS.
(a) In General.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Absentee ballots
``(a) Any absentee ballot for any election for Federal
office shall be carried expeditiously, with postage prepaid
by the State or unit of local government responsible for the
administration of the election.
``(b) As used in this section, the term `absentee ballot'
means any ballot transmitted by a voter by mail in an
election for Federal office, but does not include any ballot
covered by section 3406.''.
(b) Clerical Amendment.--The table of sections for chapter
34 of such title is amended by inserting after the item
relating to section 3406 the following:
``3407. Absentee ballots carried free of postage.''.
SEC. 1905. REIMBURSEMENT FOR COSTS INCURRED BY STATES IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM
RECEIPT OF ABSENTEE BALLOTS.
(a) Reimbursement.--Subtitle D of title II of the Help
America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended
by adding at the end the following new part:
[[Page H2430]]
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments For Costs of Establishing Program.--In
accordance with this section, the Commission shall make a
payment to a State to reimburse the State for the costs
incurred in establishing, if the State so chooses to
establish, an absentee ballot tracking program with respect
to elections for Federal office held in the State (including
costs incurred prior to the date of the enactment of this
part).
``(b) Absentee Ballot Tracking Program Described.--
``(1) Program described.--
``(A) In general.--In this part, an `absentee ballot
tracking program' is a program to track and confirm the
receipt of absentee ballots in an election for Federal office
under which the State or local election official responsible
for the receipt of voted absentee ballots in the election
carries out procedures to track and confirm the receipt of
such ballots, and makes information on the receipt of such
ballots available to the individual who cast the ballot, by
means of online access using the Internet site of the
official's office.
``(B) Information on whether vote was counted.--The
information referred to under subparagraph (A) with respect
to the receipt of an absentee ballot shall include
information regarding whether the vote cast on the ballot was
counted, and, in the case of a vote which was not counted,
the reasons therefor.
``(2) Use of toll-free telephone number by officials
without internet site.--A program established by a State or
local election official whose office does not have an
Internet site may meet the description of a program under
paragraph (1) if the official has established a toll-free
telephone number that may be used by an individual who cast
an absentee ballot to obtain the information on the receipt
of the voted absentee ballot as provided under such
paragraph.
``(c) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has established an
absentee ballot tracking program with respect to elections
for Federal office held in the State; and
``(B) a statement of the costs incurred by the State in
establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which are
responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated to the Commission for fiscal year 2020 and each
succeeding fiscal year such sums as may be necessary for
payments under this part.
``(b) Continuing Availability of Funds.--Any amounts
appropriated pursuant to the authorization under this section
shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.''.
SEC. 1906. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General
shall coordinate the establishment of a State-based response
system for responding to questions and complaints from
individuals voting or seeking to vote, or registering to vote
or seeking to register to vote, in elections for Federal
office. Such system shall provide--
(A) State-specific, same-day, and immediate assistance to
such individuals, including information on how to register to
vote, the location and hours of operation of polling places,
and how to obtain absentee ballots; and
(B) State-specific, same-day, and immediate assistance to
individuals encountering problems with registering to vote or
voting, including individuals encountering intimidation or
deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout
the United States--
(A) may connect directly to the State-based response system
described in paragraph (1) with respect to the State
involved;
(B) may obtain information on voting in elections for
Federal office, including information on how to register to
vote in such elections, the locations and hours of operation
of polling places, and how to obtain absentee ballots; and
(C) may report information to the Attorney General on
problems encountered in registering to vote or voting,
including incidences of voter intimidation or suppression.
(3) Collaboration with state and local election
officials.--
(A) Collection of information from states.--The Attorney
General shall coordinate the collection of information on
State and local election laws and policies, including
information on the Statewide computerized voter registration
lists maintained under title III of the Help America Vote Act
of 2002, so that individuals who contact the free telephone
service established under paragraph (2) on the date of an
election for Federal office may receive an immediate response
on that day.
(B) Forwarding questions and complaints to states.--If an
individual contacts the free telephone service established
under paragraph (2) on the date of an election for Federal
office with a question or complaint with respect to a
particular State or jurisdiction within a State, the Attorney
General shall forward the question or complaint immediately
to the appropriate election official of the State or
jurisdiction so that the official may answer the question or
remedy the complaint on that date.
(4) Consultation requirements for development of systems
and services.--The Attorney General shall ensure that the
State-based response system under paragraph (1) and the free
telephone service under paragraph (2) are each developed in
consultation with civil rights organizations, voting rights
groups, State and local election officials, voter protection
groups, and other interested community organizations,
especially those that have experience in the operation of
similar systems and services.
(b) Use of Service by Individuals With Disabilities and
Individuals With Limited English Language Proficiency.--The
Attorney General shall design and operate the telephone
service established under this section in a manner that
ensures that individuals with disabilities are fully able to
use the service, and that assistance is provided in any
language in which the State (or any jurisdiction in the
State) is required to provide election materials under
section 203 of the Voting Rights Act of 1965..
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3)
to serve on a Voter Hotline Task Force to provide ongoing
analysis and assessment of the operation of the telephone
service established under this section, and shall give
special consideration in making appointments to the Task
Force to individuals who represent civil rights
organizations. At least one member of the Task Force shall be
a representative of an organization promoting voting rights
or civil rights which has experience in the operation of
similar telephone services or in protecting the rights of
individuals to vote, especially individuals who are members
of racial, ethnic, or linguistic minorities or of communities
who have been adversely affected by efforts to suppress
voting rights.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual
meets such criteria as the Attorney General may establish,
except that an individual may not serve on the task force if
the individual has been convicted of any criminal offense
relating to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task
Force shall be staggered so that there are at least 3
individuals serving on the Task Force during each year. A
vacancy in the membership of the Task Force shall be filled
in the same manner as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of
title 5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1
of each odd-numbered year, the Attorney General shall submit
a report to Congress on the operation of the telephone
service established under this section during the previous 2
years, and shall include in the report--
(1) an enumeration of the number and type of calls that
were received by the service;
(2) a compilation and description of the reports made to
the service by individuals citing instances of voter
intimidation or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity
[[Page H2431]]
of elections, including but not limited to identifying how to
eliminate coordinated voter suppression efforts and how to
establish effective mechanisms for distributing updates on
changes to voting requirements; and
(5) any recommendations on best practices for the State-
based response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2019 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this section for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15 percent
shall be used for outreach activities to make the public
aware of the availability of the telephone service
established under this section, with an emphasis on outreach
to individuals with disabilities and individuals with limited
proficiency in the English language.
PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C.
20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2019 and each
succeeding fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL
ELECTION SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section
1903(a), is further amended by inserting after section 303A
the following new section:
``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION
SURVEYS.
``(a) Requirement.--Each State shall furnish to the
Commission such information as the Commission may request for
purposes of conducting any post-election survey of the States
with respect to the administration of a regularly scheduled
general election for Federal office.
``(b) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2020 and any succeeding
election.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 1903(c), is further amended by
inserting after the item relating to section 303A the
following new item:
``Sec. 303B. Requiring participation in post-general election
surveys.''.
SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY ON USE OF FUNDS TRANSFERRED FROM
ELECTION ASSISTANCE COMMISSION.
(a) Requiring Reports on Use Funds as Condition of
Receipt.--Section 231 of the Help America Vote Act of 2002
(52 U.S.C. 20971) is amended by adding at the end the
following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--
To the extent that funds are transferred from the Commission
to the Director of the National Institute of Standards and
Technology for purposes of carrying out this section during
any fiscal year, the Director may not use such funds unless
the Director certifies at the time of transfer that the
Director will submit a report to the Commission not later
than 90 days after the end of the fiscal year detailing how
the Director used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2020 and each
succeeding fiscal year.
SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION
ASSISTANCE COMMISSION.
(a) Assessment of Information Technology and
Cybersecurity.--Not later than December 31, 2019, the
Election Assistance Commission shall carry out an assessment
of the security and effectiveness of the Commission's
information technology systems, including the cybersecurity
of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of
the Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2019, the Commission shall submit to
Congress a report on the review carried out under paragraph
(1), and shall include in the report such recommendations as
the Commission considers appropriate to streamline and
improve the procedures which are the subject of the review.
SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE
COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING
REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act
of 2002 (52 U.S.C. 20925) is amended by striking subsection
(e).
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into by the
Election Assistance Commission on or after the date of the
enactment of this Act.
PART 3--MISCELLANEOUS PROVISIONS
SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF NORTHERN
MARIANA ISLANDS.
(a) National Voter Registration Act of 1993.--Section 3(4)
of the National Voter Registration Act of 1993 (52 U.S.C.
20502(4)) is amended by striking ``States and the District of
Columbia'' and inserting ``States, the District of Columbia,
and the Commonwealth of the Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141) is amended by striking ``and the United
States Virgin Islands'' and inserting ``the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52 U.S.C.
20943(a)(2)) is amended by striking ``and American Samoa''
and inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by
striking ``or the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--
Section 90102(c) of title 36, United States Code, is amended
by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to fiscal years beginning with the
first fiscal year which begins after funds are appropriated
to the Commonwealth of the Northern Mariana Islands pursuant
to the payment under section 2.
SEC. 1922. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing
in this title may be construed to authorize or require
conduct prohibited under any of the following laws, or to
supersede, restrict, or limit the application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under
Voting Rights Act.--The approval by any person of a payment
or grant application under this title, or any other action
taken by any person under this title, shall not be considered
to have any effect on requirements for preclearance under
section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304)
or any other requirements of such Act.
(c) No Effect on Authority of States to Provide Greater
Opportunities for Voting.--Nothing in this title or the
amendments made by this title may be construed to prohibit
any State from enacting any law which provides greater
opportunities for individuals to register to vote and to vote
in elections for Federal office than are provided by this
title and the amendments made by this title.
Subtitle O--Severability
SEC. 1931. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Findings Relating to Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
[[Page H2432]]
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State commission.
Sec. 2402. Ban on mid-decade redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Criteria for redistricting plan by independent commission;
public notice and input.
Sec. 2414. Establishment of related entities.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Severability
Sec. 2701. Severability.
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO
RESTORE THE VOTING RIGHTS ACT.
Congress finds the following:
(1) The right to vote for all Americans is sacrosanct and
rules for voting and election administration should protect
the right to vote and promote voter participation.
(2) The Voting Rights Act has empowered the Department of
Justice and Federal courts for nearly a half a century to
block discriminatory voting practices before their
implementation in States and localities with the most
troubling histories and ongoing records of racial
discrimination.
(3) There continues to be an alarming movement to erect
barriers to make it more difficult for Americans to
participate in our Nation's democratic process. The Nation
has witnessed unprecedented efforts to turn back the clock
and erect barriers to voting for communities of color which
have faced historic and continuing discrimination, as well as
disabled, young, elderly, and low-income Americans.
(4) The Supreme Court's 2013 Shelby County v. Holder
decision gutted decades-long Federal protections for
communities of color that face historic and continuing
discrimination, emboldening States and local jurisdictions to
pass voter suppression laws and implement procedures, such as
those requiring photo identification, limiting early voting
hours, eliminating same-day registration, purging voters from
the rolls, and reducing the number of polling places.
Congress is committed to reversing the devastating impact of
this decision.
(5) Racial discrimination in voting is a clear and
persistent problem. The actions of States and localities
around the country post-Shelby County, including at least 10
findings by Federal courts of intentional discrimination,
underscore the need for Congress to conduct investigatory and
evidentiary hearings to determine the legislation necessary
to restore the Voting Rights Act and combat continuing
efforts in America that suppress the free exercise of the
franchise in communities of color.
(6) The 2018 midterm election provides further evidence
that systemic voter discrimination and intimidation continues
to occur in communities of color across the country, making
it clear that democracy reform cannot be achieved until
Congress restores key provisions of the Voting Rights Act.
(7) Congress must remain vigilant in protecting every
eligible citizen's right to vote. Congress should respond by
modernizing the electoral system to--
(A) improve access to the ballot;
(B) enhance the integrity and security of our voting
systems;
(C) ensure greater accountability for the administration of
elections; and
(D) restore protections for voters against practices in
States and localities plagued by the persistence of voter
disenfranchisement; and
(E) ensure that Federal civil rights laws protect the
rights of voters against discriminatory and deceptive
practices.
Subtitle B--Findings Relating to Native American Voting Rights
SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING
RIGHTS.
Congress finds the following:
(1) The right to vote for all Americans is sacred. Congress
must fulfill the Federal Government's trust responsibility to
protect and promote Native Americans' exercise of their
fundamental right to vote, including equal access to voter
registration voting mechanisms and locations, and the ability
to serve as election officials.
(2) The Native American Voting Rights Coalition's four-
State survey of voter discrimination (2016) and nine field
hearings in Indian Country (2017-2018) revealed obstacles
that Native Americans must overcome, including a lack of
accessible and proximate registration and polling sites,
nontraditional addresses for residents on Indian
reservations, inadequate language assistance for Tribal
members, and voter identification laws that discriminate
against Native Americans. The Department of Justice and
courts have recognized that some jurisdictions have been
unresponsive to reasonable requests from federally recognized
Indian Tribes for more accessible and proximate voter
registration sites and in-person voting locations.
(3) The 2018 elections provide further evidence that
systemic voter discrimination and intimidation continues to
occur in communities of color and Tribal lands across the
country, making it clear that democracy reform cannot be
achieved until Congress restores key provisions of the Voting
Rights Act and passes additional protections.
(4) Congress has broad, plenary authority to enact
legislation to safeguard the voting rights of Native American
voters.
(5) Congress must conduct investigatory and evidentiary
hearings to determine the necessary legislation to restore
the Voting Rights Act and combat continuous efforts that
suppress the voter franchise within Tribal lands, to include,
but not to be limited to, the Native American Voting Rights
Act (NAVRA) and the Voting Rights Advancement Act (VRAA).
Subtitle C--Findings Relating to District of Columbia Statehood
SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA
STATEHOOD.
Congress finds the following:
(1) District of Columbia residents deserve full
congressional voting rights and self-government, which only
statehood can provide.
(2) The 700,000 residents of the District of Columbia pay
more Federal taxes per capita than residents of any State in
the country, yet do not have full and equal representation in
Congress and self-government.
(3) Since the founding of the United States, the residents
of the District of Columbia have always carried all the
obligations of citizenship, including serving in all of the
Nation's wars and paying Federal taxes, all without voting
representation on the floor in either Chamber of Congress or
freedom from congressional interference in purely local
matters.
(4) There are no constitutional, historical, financial, or
economic reasons why the 700,000 Americans who live in the
District of Columbia should not be granted statehood.
(5) The District of Columbia has a larger population than
two States, Wyoming and Vermont, and is close to the
population of the seven States that have a population of
under one million fully represented residents.
(6) The District of Columbia government has one of the
strongest fiscal positions of any jurisdiction in the United
States, with a $14.6 billion budget for fiscal year 2019 and
a $2.8 billion general fund balance as of September 30, 2018.
(7) The District of Columbia's total personal income is
higher than that of seven States, its per capita personal
consumption expenditures is higher than those of any State,
and its total personal consumption expenditures is greater
than those of seven States.
(8) Congress has authority under article IV, section 3,
clause 1, which gives Congress power to admit new states to
the Union, and Article I, Section 8, Clause 17, which grants
Congress power over the seat of the Federal Government, to
admit the new State carved out of the residential areas of
the Federal seat of Government, while maintaining as the
Federal seat of Government the United States Capitol Complex,
the principal Federal monuments, Federal buildings and
grounds, the National Mall, the White House and other Federal
property.
Subtitle D--Territorial Voting Rights
SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS.
Congress finds the following:
(1) The right to vote is one of the most powerful
instruments residents of the territories of the United States
have to ensure that their voices are heard.
(2) These Americans have played an important part in the
American democracy for more than 120 years.
(3) Political participation and the right to vote are among
the highest concerns of territorial residents in part because
they were not always afforded these rights.
(4) Voter participation in the territories consistently
ranks higher than many communities on the mainland.
(5) Territorial residents serve and die, on a per capita
basis, at a higher rate in every United States war and
conflict since WWI, as an expression of their commitment to
American democratic principles and patriotism.
SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF
UNITED STATES CITIZEN RESIDENTS OF TERRITORIES
OF THE UNITED STATES.
(a) Establishment.--There is established within the
legislative branch a Congressional Task Force on Voting
Rights of United
[[Page H2433]]
States Citizen Residents of Territories of the United States
(in this section referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of 12
members as follows:
(1) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives,
in coordination with the Chairman of the Committee on Natural
Resources of the House of Representatives.
(2) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives,
in coordination with the Chairman of the Committee on the
Judiciary of the House of Representatives.
(3) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives,
in coordination with the Chairman of the Committee on House
Administration of the House of Representatives.
(4) One Member of the House of Representatives, who shall
be appointed by the Minority Leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on Natural Resources of the House of
Representatives.
(5) One Member of the House of Representatives, who shall
be appointed by the Minority Leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on the Judiciary of the House of
Representatives.
(6) One Member of the House of Representatives, who shall
be appointed by the Minority Leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on House Administration of the House
of Representatives.
(7) One Member of the Senate, who shall be appointed by the
Majority Leader of the Senate, in coordination with the
Chairman of the Committee on Energy and Natural Resources of
the Senate.
(8) One Member of the Senate, who shall be appointed by the
Majority Leader of the Senate, in coordination with the
Chairman of the Committee on the Judiciary of the Senate.
(9) One Member of the Senate, who shall be appointed by the
Majority Leader of the Senate, in coordination with the
Chairman of the Committee on Rules and Administration of the
Senate.
(10) One Member of the Senate, who shall be appointed by
the Minority Leader of the Senate, in coordination with the
ranking minority member of the Committee on Energy and
Natural Resources of the Senate.
(11) One Member of the Senate, who shall be appointed by
the Minority Leader of the Senate, in coordination with the
ranking minority member of the Committee on the Judiciary of
the Senate.
(12) One Member of the Senate, who shall be appointed by
the Minority Leader of the Senate, in coordination with the
ranking minority member of the Committee on Rules and
Administration of the Senate.
(c) Deadline for Appointment.--All appointments to the Task
Force shall be made not later than 30 days after the date of
enactment of this Act.
(d) Chair.--The Speaker shall designate one Member to serve
as chair of the Task Force.
(e) Vacancies.--Any vacancy in the Task Force shall be
filled in the same manner as the original appointment.
(f) Status Update.--Between September 1, 2019, and
September 30, 2019, the Task Force shall provide a status
update to the House of Representatives and the Senate that
includes--
(1) information the Task Force has collected; and
(2) a discussion on matters that the chairman of the Task
Force deems urgent for consideration by Congress.
(g) Report.--Not later than December 31, 2019, the Task
Force shall issue a report of its findings to the House of
Representatives and the Senate regarding--
(1) the economic and societal consequences (through
statistical data and other metrics) that come with political
disenfranchisement of United States citizens in territories
of the United States;
(2) impediments to full and equal voting rights for United
States citizens who are residents of territories of the
United States in Federal elections, including the election of
the President and Vice President of the United States;
(3) impediments to full and equal voting representation in
the House of Representatives for United States citizens who
are residents of territories of the United States;
(4) recommended changes that, if adopted, would allow for
full and equal voting rights for United States citizens who
are residents of territories of the United States in Federal
elections, including the election of the President and Vice
President of the United States;
(5) recommended changes that, if adopted, would allow for
full and equal voting representation in the House of
Representatives for United States citizens who are residents
of territories of the United States; and
(6) additional information the Task Force deems
appropriate.
(h) Consensus Views.--To the greatest extent practicable,
the report issued under subsection (g) shall reflect the
shared views of all 12 Members, except that the report may
contain dissenting views.
(i) Hearings and Sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate.
(j) Stakeholder Participation.--In carrying out its duties,
the Task Force shall consult with the governments of American
Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United
States Virgin Islands.
(k) Resources.--The Task Force shall carry out its duties
by utilizing existing facilities, services, and staff of the
House of Representatives and the Senate.
(l) Termination.--The Task Force shall terminate upon
issuing the report required under subsection (g).
Subtitle E--Redistricting Reform
SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This subtitle may be cited as the
``Redistricting Reform Act of 2019''.
(b) Finding of Constitutional Authority.--Congress finds
that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House
of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place,
and manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress
the power to enact laws to enforce section 2 of such
amendment, which requires Representatives to be apportioned
among the several States according to their number.
PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE
CONDUCTED THROUGH PLAN OF INDEPENDENT STATE
COMMISSION.
(a) Use of Plan Required.--Notwithstanding any other
provision of law, and except as provided in subsection (c),
any congressional redistricting conducted by a State shall be
conducted in accordance with--
(1) the redistricting plan developed and enacted into law
by the independent redistricting commission established in
the State, in accordance with part 2; or
(2) if a plan developed by such commission is not enacted
into law, the redistricting plan developed and enacted into
law by a 3-judge court, in accordance with section 2421.
(b) Conforming Amendment.--Section 22(c) of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for an apportionment of
Representatives in Congress'', approved June 18, 1929 (2
U.S.C. 2a(c)), is amended by striking ``in the manner
provided by the law thereof'' and inserting: ``in the manner
provided by the Redistricting Reform Act of 2019''.
(c) Special Rule for Existing Commissions.--Subsection (a)
does not apply to any State in which, under law in effect
continuously on and after the date of the enactment of this
Act, congressional redistricting is carried out in accordance
with a plan developed and approved by an independent
redistricting commission which is in compliance with each of
the following requirements:
(1) Publicly available application process.--Membership on
the commission is open to citizens of the State through a
publicly available application process.
(2) Disqualifications for government service and political
appointment.--Individuals who, for a covered period of time
as established by the State, hold or have held public office,
individuals who are or have been candidates for elected
public office, and individuals who serve or have served as an
officer, employee, or paid consultant of a campaign committee
of a candidate for public office are disqualified from
serving on the commission.
(3) Screening for conflicts.--Individuals who apply to
serve on the commission are screened through a process that
excludes persons with conflicts of interest from the pool of
potential commissioners.
(4) Multi-partisan composition.--Membership on the
commission represents those who are affiliated with the two
political parties whose candidates received the most votes in
the most recent Statewide election for Federal office held in
the State, as well as those who are unaffiliated with any
party or who are affiliated with political parties other than
the two political parties whose candidates received the most
votes in the most recent Statewide election for Federal
office held in the State.
(5) Criteria for redistricting.--Members of the commission
are required to meet certain criteria in the map drawing
process, including minimizing the division of communities of
interest and a ban on drawing maps to favor a political
party.
(6) Public input.--Public hearings are held and comments
from the public are accepted before a final map is approved.
(7) Broad-based support for approval of final plan.--The
approval of the final redistricting plan requires a majority
vote of the members of the commission, including the support
of at least one member of each of the following:
(A) Members who are affiliated with the political party
whose candidate received the
[[Page H2434]]
most votes in the most recent Statewide election for Federal
office held in the State.
(B) Members who are affiliated with the political party
whose candidate received the second most votes in the most
recent Statewide election for Federal office held in the
State.
(C) Members who not affiliated with any political party or
who are affiliated with political parties other than the
political parties described in subparagraphs (A) and (B).
SEC. 2402. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this
subtitle and a State described in section 2401(c) may not be
redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial
censuses and to provide for an apportionment of
Representatives in Congress'', approved June 18, 1929 (2
U.S.C. 2a), unless a court requires the State to conduct such
subsequent redistricting to comply with the Constitution of
the United States, the Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.), the Constitution of the State, or the terms
or conditions of this subtitle.
PART 2--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2414(a) shall establish
an independent redistricting commission for the State, which
shall consist of 15 members appointed by the agency as
follows:
(A) Not later than October 1 of a year ending in the
numeral zero, the agency shall, at a public meeting held not
earlier than 15 days after notice of the meeting has been
given to the public, first appoint 6 members as follows:
(i) The agency shall appoint 2 members on a random basis
from the majority category of the approved selection pool (as
described in section 2412(b)(1)(A)).
(ii) The agency shall appoint 2 members on a random basis
from the minority category of the approved selection pool (as
described in section 2412(b)(1)(B)).
(iii) The agency shall appoint 2 members on a random basis
from the independent category of the approved selection pool
(as described in section 2412(b)(1)(C)).
(B) Not later than November 15 of a year ending in the
numeral zero, the members appointed by the agency under
subparagraph (A) shall, at a public meeting held not earlier
than 15 days after notice of the meeting has been given to
the public, then appoint 9 members as follows:
(i) The members shall appoint 3 members from the majority
category of the approved selection pool (as described in
section 2412(b)(1)(A)).
(ii) The members shall appoint 3 members from the minority
category of the approved selection pool (as described in
section 2412(b)(1)(B)).
(iii) The members shall appoint 3 members from the
independent category of the approved selection pool (as
described in section 2412(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B) of
paragraph (1), as well as the designation of alternates for
such members pursuant to subparagraph (B) of paragraph (3)
and the appointment of alternates to fill vacancies pursuant
to subparagraph (B) of paragraph (4), shall require the
affirmative vote of at least 4 of the members appointed by
the nonpartisan agency under subparagraph (A) of paragraph
(1), including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9 members
pursuant to subparagraph (B) of paragraph (1), as well as in
designating alternates pursuant to subparagraph (B) of
paragraph (3) and in appointing alternates to fill vacancies
pursuant to subparagraph (B) of paragraph (4), the first
members of the independent redistricting commission shall
ensure that the membership is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and provides
racial, ethnic, and language minorities protected under the
Voting Rights Act of 1965 with a meaningful opportunity to
participate in the development of the State's redistricting
plan.
(3) Designation of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--At the time the agency
appoints the members of the independent redistricting
commission under subparagraph (A) of paragraph (1) from each
of the categories referred to in such subparagraph, the
agency shall, on a random basis, designate 2 other
individuals from such category to serve as alternate members
who may be appointed to fill vacancies in the commission in
accordance with paragraph (4).
(B) Members appointed by first members.--At the time the
members appointed by the agency appoint the other members of
the independent redistricting commission under subparagraph
(B) of paragraph (1) from each of the categories referred to
in such subparagraph, the members shall, in accordance with
the special rules described in paragraph (2), designate 2
other individuals from such category to serve as alternate
members who may be appointed to fill vacancies in the
commission in accordance with paragraph (4).
(4) Appointment of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--If a vacancy occurs in
the commission with respect to a member who was appointed by
the nonpartisan agency under subparagraph (A) of paragraph
(1) from one of the categories referred to in such
subparagraph, the agency shall fill the vacancy by
appointing, on a random basis, one of the 2 alternates from
such category who was designated under subparagraph (A) of
paragraph (3). At the time the agency appoints an alternate
to fill a vacancy under the previous sentence, the agency
shall designate, on a random basis, another individual from
the same category to serve as an alternate member, in
accordance with subparagraph (A) of paragraph (3).
(B) Members appointed by first members.--If a vacancy
occurs in the commission with respect to a member who was
appointed by the first members of the commission under
subparagraph (B) of paragraph (1) from one of the categories
referred to in such subparagraph, the first members shall, in
accordance with the special rules described in paragraph (2),
fill the vacancy by appointing one of the 2 alternates from
such category who was designated under subparagraph (B) of
paragraph (3). At the time the first members appoint an
alternate to fill a vacancy under the previous sentence, the
first members shall, in accordance with the special rules
described in paragraph (2), designate another individual from
the same category to serve as an alternate member, in
accordance with subparagraph (B) of paragraph (3).
(5) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance
of the evidence that the member is not eligible to serve on
the commission under section 2412(a).
(b) Procedures for Conducting Commission Business.--
(1) Chair.--Members of an independent redistricting
commission established under this section shall select by
majority vote one member who was appointed from the
independent category of the approved selection pool described
in section 2412(b)(1)(C) to serve as chair of the commission.
The commission may not take any action to develop a
redistricting plan for the State under section 2413 until the
appointment of the commission's chair.
(2) Requiring majority approval for actions.--The
independent redistricting commission of a State may not
publish and disseminate any draft or final redistricting
plan, or take any other action, without the approval of at
least--
(A) a majority of the whole membership of the commission;
and
(B) at least one member of the commission appointed from
each of the categories of the approved selection pool
described in section 2412(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection,
the independent redistricting commission of a State shall
appoint and set the pay of technical experts, legal counsel,
consultants, and such other staff as it considers
appropriate, subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of
a majority of the members of the commission, including at
least one member appointed from each of the categories of the
approved selection pool described in section 2412(b)(1).
(3) Reports on expenditures for political activity.--
(A) Report by applicants.--Each individual who applies for
a position as an employee of the independent redistricting
commission and each vendor who applies for a contract with
the commission shall, at the time of applying, file with the
commission a report summarizing--
(i) any expenditure for political activity made by such
individual or vendor during the 10 most recent calendar
years; and
(ii) any income received by such individual or vendor
during the 10 most recent calendar years which is
attributable to an expenditure for political activity.
(B) Annual reports by employees and vendors.--Each person
who is an employee or vendor of the independent redistricting
commission shall, not later than one year after the person is
appointed as an employee or enters into a contract as a
vendor (as the case may be) and annually thereafter for each
year during which the person serves as an employee or a
vendor, file with the commission a report summarizing the
expenditures and income described in subparagraph (A) during
the 10 most recent calendar years.
(C) Expenditure for political activity defined.--In this
paragraph, the term ``expenditure for political activity''
means a disbursement for any of the following:
(i) An independent expenditure, as defined in section
301(17) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(17)).
[[Page H2435]]
(ii) An electioneering communication, as defined in section
304(f)(3) of such Act (52 U.S.C. 30104(f)(3)) or any other
public communication, as defined in section 301(22) of such
Act (52 U.S.C. 30101(22)) that would be an electioneering
communication if it were a broadcast, cable, or satellite
communication.
(iii) Any dues or other payments to trade associations or
organizations described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code that are, or could reasonably be anticipated to
be, used or transferred to another association or
organization for a use described in paragraphs (1), (2), or
(4) of section 501(c) of such Code.
(4) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner, and may require any person who
applies for an appointment to a staff position or for a
vendor's contract with the commission to provide information
on the person's history of political activity beyond the
information on the person's expenditures for political
activity provided in the reports required under paragraph (3)
(including donations to candidates, political committees, and
political parties) as a condition of the appointment or the
contract.
(5) Disqualification; waiver.--
(A) In general.--The independent redistricting commission
may not appoint an individual as an employee, and may not
enter into a contract with a vendor, if the individual or
vendor meets any of the criteria for the disqualification of
an individual from serving as a member of the commission
which are set forth in section 2412(a)(2).
(B) Waiver.--The commission may by unanimous vote of its
members waive the application of subparagraph (A) to an
individual or a vendor after receiving and reviewing the
report filed by the individual or vendor under paragraph (3).
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the next year ending in the numeral zero; or
(B) the day on which the nonpartisan agency established or
designated by a State under section 2414(a) has, in
accordance with section 2412(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 2414(b).
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as
may be necessary to enable the State to respond to any civil
action brought with respect to congressional redistricting in
the State.
SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS
ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission if the
individual meets each of the following criteria:
(A) As of the date of appointment, the individual is
registered to vote in elections for Federal office held in
the State.
(B) During the 3-year period ending on the date of the
individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any political
party.
(C) The individual submits to the nonpartisan agency
established or designated by a State under section 2413, at
such time and in such form as the agency may require, an
application for inclusion in the selection pool under this
section, and includes with the application a written
statement, with an attestation under penalty of perjury,
containing the following information and assurances:
(i) The full current name and any former names of, and the
contact information for, the individual, including an
electronic mail address, the address of the individual's
residence, mailing address, and telephone numbers.
(ii) The individual's race, ethnicity, gender, age, date of
birth, and household income for the most recent taxable year.
(iii) The political party with which the individual is
affiliated, if any.
(iv) The reason or reasons the individual desires to serve
on the independent redistricting commission, the individual's
qualifications, and information relevant to the ability of
the individual to be fair and impartial, including, but not
limited to--
(I) any involvement with, or financial support of,
professional, social, political, religious, or community
organizations or causes;
(II) the individual's employment and educational history.
(v) An assurance that the individual shall commit to
carrying out the individual's duties under this subtitle in
an honest, independent, and impartial fashion, and to
upholding public confidence in the integrity of the
redistricting process.
(vi) An assurance that, during the covered periods
described in paragraph (3), the individual has not taken and
will not take any action which would disqualify the
individual from serving as a member of the commission under
paragraph (2).
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies during any of the covered periods described in
paragraph (3):
(A) The individual or (in the case of the covered periods
described in subparagraphs (A) and (B) of paragraph (3)) an
immediate family member of the individual holds public office
or is a candidate for election for public office.
(B) The individual or (in the case of the covered periods
described in subparagraphs (A) and (B) of paragraph (3)) an
immediate family member of the individual serves as an
officer of a political party or as an officer, employee, or
paid consultant of a campaign committee of a candidate for
public office or of any political action committee (as
determined in accordance with the law of the State).
(C) The individual or (in the case of the covered periods
described in subparagraphs (A) and (B) of paragraph (3)) an
immediate family member of the individual holds a position as
a registered lobbyist under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local
law.
(D) The individual or (in the case of the covered periods
described in subparagraphs (A) and (B) of paragraph (3)) an
immediate family member of the individual is an employee of
an elected public official, a contractor with the government
of the State, or a donor to the campaign of any candidate for
public office or to any political action committee (other
than a donor who, during any of such covered periods, gives
an aggregate amount of $1,000 or less to the campaigns of all
candidates for all public offices and to all political action
committees).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the
appointment of an individual to the commission, any of the
following:
(A) The 10-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the individual's
appointment and ending on August 14 of the next year ending
in the numeral one.
(C) The 10-year period beginning on the day after the last
day of the period described in subparagraph (B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to
an individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother,
sister, stepsister, husband, wife, father-in-law, or mother-
in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 2414(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 2414(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
subtitle, consisting of individuals in the following
categories:
(A) A majority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the most votes in the most recent Statewide election
for Federal office held in the State.
(B) A minority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the second most votes in the most recent Statewide
election for Federal office held in the State.
(C) An independent category, consisting of 12 individuals
who are not affiliated with either of the political parties
described in subparagraph (A) or subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and includes
applicants who would allow racial, ethnic, and language
minorities protected under the Voting Rights Act of 1965 a
meaningful opportunity to participate in the development of
the State's redistricting plan; and
(B) take into consideration the analytical skills of the
individuals selected in relevant fields (including mapping,
data management, law, community outreach, demography, and the
geography of the State) and their ability to work on an
impartial basis.
(3) Interviews of applicants.--To assist the nonpartisan
agency in developing the selection pool under this
subsection, the nonpartisan agency shall conduct interviews
of applicants under oath. If an individual is included in a
selection pool developed under this section, all of the
interviews of the individual shall be transcribed and the
transcriptions made available on the nonpartisan agency's
website contemporaneously with release of the report under
paragraph (6).
(4) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(D), including by considering additional
information provided by other
[[Page H2436]]
persons with knowledge of the individual's history of
political activity.
(5) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across
various geographic regions and demographic groups are aware
of the opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(6) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the
Select Committee on Redistricting under paragraph (1), it
shall publish and post on the agency's public website a
report describing the process by which the pool was
developed, and shall include in the report a description of
how the individuals in the pool meet the eligibility criteria
of subsection (a) and of how the pool reflects the factors
the agency is required to take into consideration under
paragraph (2).
(7) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (6), the agency shall
accept comments from the public on the individuals included
in the selection pool. The agency shall post all such
comments contemporaneously on the nonpartisan agency's
website and shall transmit them to the Select Committee on
Redistricting immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not later
than 21 days after receiving the selection pool from the
nonpartisan agency under paragraph (1), the Select Committee
on Redistricting shall--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool, in which case the nonpartisan agency
shall develop and submit a replacement selection pool in
accordance with subsection (c).
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan
agency under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(7) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in
the rejected selection pool submitted under subsection (b),
so long as at least one of the individuals in the replacement
pool was not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 21 days after receiving the
replacement selection pool from the nonpartisan agency under
paragraph (1), the Select Committee on Redistricting shall--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool, in which case the nonpartisan agency
shall develop and submit a second replacement selection pool
in accordance with subsection (d).
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14
days after the rejection, the nonpartisan agency shall
develop and submit to the Select Committee a second
replacement selection pool, under the same terms and
conditions that applied to the development and submission of
the selection pool under paragraphs (1) through (7) of
subsection (b). The second replacement selection pool
submitted under this paragraph may include individuals who
were included in the rejected selection pool submitted under
subsection (b) or the rejected replacement selection pool
submitted under subsection (c), so long as at least one of
the individuals in the replacement pool was not included in
either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not earlier than 15 days and not later
than 14 days after receiving the second replacement selection
pool from the nonpartisan agency under paragraph (1), the
Select Committee on Redistricting shall--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool.
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(C) Effect of rejection.--If the Select Committee on
Redistricting rejects the second replacement pool from the
nonpartisan agency under paragraph (1), the redistricting
plan for the State shall be developed and enacted in
accordance with part 3.
SEC. 2413. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT
COMMISSION; PUBLIC NOTICE AND INPUT.
(a) Development of Redistricting Plan.--
(1) Criteria.--In developing a redistricting plan of a
State, the independent redistricting commission of a State
shall establish single-member congressional districts using
the following criteria as set forth in the following order of
priority:
(A) Districts shall comply with the United States
Constitution, including the requirement that they equalize
total population.
(B) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) and all applicable Federal
laws.
(C) Districts shall provide racial, ethnic, and language
minorities with an equal opportunity to participate in the
political process and to elect candidates of choice and shall
not dilute or diminish their ability to elect candidates of
choice whether alone or in coalition with others.
(D) Districts shall respect communities of interest,
neighborhoods, and political subdivisions to the extent
practicable and after compliance with the requirements of
subparagraphs (A) through (C). A community of interest is
defined as an area with recognized similarities of interests,
including but not limited to ethnic, racial, economic,
social, cultural, geographic or historic indentities. The
term communities of interest may, in certain circumstances,
include political subdivisions such as counties,
municipalities, or school districts, but shall not include
common relationships with political parties or political
candidates.
(2) No favoring or disfavoring of political parties.--
Except as may be required to meet the criteria described in
paragraph (1), the redistricting plan developed by the
independent redistricting commission shall not, when
considered on a Statewide basis, unduly favor or disfavor any
political party.
(3) Factors prohibited from consideration.--In developing
the redistricting plan for the State, the independent
redistricting commission may not take into consideration any
of the following factors, except to the extent necessary to
comply with the criteria described in subparagraphs (A)
through (C) of paragraph (1), paragraph (2), and to enable
the redistricting plan to be measured against the external
metrics described in subsection (e):
(A) The residence of any Member of the House of
Representatives or candidate.
(B) The political party affiliation or voting history of
the population of a district.
(b) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public, including proposed maps, throughout
the process of developing the redistricting plan for the
State, and shall carry out its duties in an open and
transparent manner which provides for the widest public
dissemination reasonably possible of its proposed and final
redistricting plans.
(2) Website.--
(A) Features.--The commission shall maintain a public
Internet site which is not affiliated with or maintained by
the office of any elected official and which includes the
following features:
(i) General information on the commission, its role in the
redistricting process, and its members, including contact
information.
(ii) An updated schedule of commission hearings and
activities, including deadlines for the submission of
comments.
(iii) All draft redistricting plans developed by the
commission under subsection (c) and the final redistricting
plan developed under subsection (d), including the
accompanying written evaluation under subsection (e).
(iv) All comments received from the public on the
commission's activities, including any proposed maps
submitted under paragraph (1).
(v) Live streaming of commission hearings and an archive of
previous meetings, including any documents considered at any
such meeting, which the commission shall post not later than
24 hours after the conclusion of the meeting.
(vi) Access in an easily useable format to the demographic
and other data used by the commission to develop and analyze
the proposed redistricting plans, together with access to any
software used to draw maps of proposed districts and to any
reports analyzing and evaluating any such maps.
(vii) A method by which members of the public may submit
comments and proposed maps directly to the commission.
(viii) All records of the commission, including all
communications to or from members, employees, and contractors
regarding the work of the commission.
(ix) A list of all contractors receiving payment from the
commission, together with the annual disclosures submitted by
the contractors under section 2411(c)(3).
(x) A list of the names of all individuals who submitted
applications to serve on the commission, together with the
applications
[[Page H2437]]
submitted by individuals included in any selection pool,
except that the commission may redact from such applications
any financial or other personally sensitive information.
(B) Searchable format.--The commission shall ensure that
all information posted and maintained on the site under this
paragraph, including information and proposed maps submitted
by the public, shall be maintained in an easily searchable
format.
(C) Deadline.--The commission shall ensure that the public
internet site under this paragraph is operational (in at
least a preliminary format) not later than January 1 of the
year ending in the numeral one.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in the
numeral one; and
(B) which ends 7 days before the date of the meeting at
which the commission shall vote on approving the final
redistricting plan for enactment into law under subsection
(d)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the
commission shall hold its meetings and hearings in various
geographic regions and locations throughout the State.
(5) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
posted and published under this section available in any
language in which the State (or any jurisdiction in the
State) is required to provide election materials under
section 203 of the Voting Rights Act of 1965.
(c) Development and Publication of Preliminary
Redistricting Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (d), the independent
redistricting commission of a State shall develop and publish
a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 3 hearings required.--Prior to developing a preliminary
redistricting plan under this subsection, the commission
shall hold not fewer than 3 public hearings at which members
of the public may provide input and comments regarding the
potential contents of redistricting plans for the State and
the process by which the commission will develop the
preliminary plan under this subsection.
(B) Minimum period for notice prior to hearings.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing in on the website maintained under subsection (b)(2),
and shall provide for the publication of such notices in
newspapers of general circulation throughout the State. Each
such notice shall specify the date, time, and location of the
hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or portions
of maps for consideration by the commission. As provided
under subsection (b)(2)(A), any such map shall be made
publicly available on the commission's website and open to
comment.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the preliminary
redistricting plan developed under this subsection, together
with a report that includes the commission's responses to any
public comments received under subsection (b)(3), on the
website maintained under subsection (b)(2), and shall provide
for the publication of each such plan in newspapers of
general circulation throughout the State.
(B) Minimum period for notice prior to publication.--Not
fewer than 14 days prior to the date on which the commission
posts and publishes the preliminary plan under this
paragraph, the commission shall notify the public through the
website maintained under subsection (b)(2), as well as
through publication of notice in newspapers of general
circulation throughout the State, of the pending publication
of the plan.
(4) Minimum post-publication period for public comment.--
The commission shall accept and consider comments from the
public (including through the website maintained under
subsection (b)(2)) with respect to the preliminary
redistricting plan published under paragraph (3), including
proposed revisions to maps, for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and publishing the
preliminary redistricting plan under paragraph (3), the
commission shall hold not fewer than 3 public hearings in
different geographic areas of the State at which members of
the public may provide input and comments regarding the
preliminary plan.
(B) Minimum period for notice prior to hearings.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing in on the website maintained under subsection (b)(2),
and shall provide for the publication of such notices in
newspapers of general circulation throughout the State. Each
such notice shall specify the date, time, and location of the
hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the
development and publication of each such subsequent plan
meets the requirements set forth in this subsection for the
development and publication of the first preliminary
redistricting plan.
(d) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan
developed and published under subsection (c), the independent
redistricting commission of a State shall develop and publish
a final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (h), the commission shall hold a
public hearing at which the members of the commission shall
vote on approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained
under subsection (b)(2), as well as through newspapers of
general circulation throughout the State:
(A) The final redistricting plan, including all relevant
maps.
(B) A report by the commission to accompany the plan which
provides the background for the plan and the commission's
reasons for selecting the plan as the final redistricting
plan, including responses to the public comments received on
any preliminary redistricting plan developed and published
under subsection (c).
(C) Any dissenting or additional views with respect to the
plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law if--
(A) the plan is approved by a majority of the whole
membership of the commission; and
(B) at least one member of the commission appointed from
each of the categories of the approved selection pool
described in section 2412(b)(1) approves the plan.
(e) Written Evaluation of Plan Against External Metrics.--
The independent redistricting commission shall include with
each redistricting plan developed and published under this
section a written evaluation that measures each such plan
against external metrics which cover the criteria set forth
in paragraph (1) of subsection (a), including the impact of
the plan on the ability of communities of color to elect
candidates of choice, measures of partisan fairness using
multiple accepted methodologies, and the degree to which the
plan preserves or divides communities of interest.
(f) Timing.--The independent redistricting commission of a
State may begin its work on the redistricting plan of the
State upon receipt of relevant population information from
the Bureau of the Census, and shall approve a final
redistricting plan for the State in each year ending in the
numeral one not later than 8 months after the date on which
the State receives the State apportionment notice or October
1, whichever occurs later.
SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of
State Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting
commission for the State in accordance with section 2411.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan
if under law the agency--
(A) is required to provide services on a nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption or
rejection of any legislative proposal.
(3) Training of members appointed to commission.--Not later
than January 15 of a year ending in the numeral one, the
nonpartisan agency established or designated under this
subsection shall provide the members of the independent
redistricting commission with initial training on their
obligations as members of the commission, including
obligations under the Voting Rights Act of 1965 and other
applicable laws.
(4) Regulations.--The nonpartisan agency established or
designated under this subsection shall adopt and publish
regulations, after notice and opportunity for comment,
establishing the procedures that the agency will follow in
fulfilling its duties under this subtitle, including the
procedures to be used in vetting the qualifications and
political affiliation of applicants and in creating the
selection pools, the randomized process to be used in
selecting the initial members of the independent
redistricting commission, and the rules that the agency will
apply to ensure that the agency carries out its duties under
this subtitle in a maximally transparent, publicly
accessible, and impartial manner.
(5) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this
subtitle, so long as the
[[Page H2438]]
agency meets the requirements for nonpartisanship under this
subsection.
(6) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (5) but instead establishes a new
agency to serve as the nonpartisan agency under this section,
the new agency shall terminate upon the enactment into law of
the redistricting plan for the State.
(7) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency are retained in the
appropriate State archive in such manner as may be necessary
to enable the State to respond to any civil action brought
with respect to congressional redistricting in the State.
(8) Deadline.--The State shall meet the requirements of
this subsection not later than each October 15 of a year
ending in the numeral nine.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a
selection pool developed by the independent redistricting
commission for the State under section 2412.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) 1 member of the upper house of the State legislature,
who shall be appointed by the leader of the party with the
greatest number of seats in the upper house.
(B) 1 member of the upper house of the State legislature,
who shall be appointed by the leader of the party with the
second greatest number of seats in the upper house.
(C) 1 member of the lower house of the State legislature,
who shall be appointed by the leader of the party with the
greatest number of seats in the lower house.
(D) 1 member of the lower house of the State legislature,
who shall be appointed by the leader of the party with the
second greatest number of seats in the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) 2 members of the State legislature appointed by the
chair of the political party of the State whose candidate
received the highest percentage of votes in the most recent
Statewide election for Federal office held in the State.
(B) 2 members of the State legislature appointed by the
chair of the political party whose candidate received the
second highest percentage of votes in the most recent
Statewide election for Federal office held in the State.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than each January 15 of a year
ending in the numeral zero.
PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events
described in subsection (f) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, the United States district court for
the applicable venue, acting through a 3-judge Court convened
pursuant to section 2284 of title 28, United States Code,
shall develop and publish the congressional redistricting
plan for the State; and
(2) the final plan developed and published by the Court
under this section shall be deemed to be enacted on the date
on which the Court publishes the final plan, as described in
subsection (d).
(b) Applicable Venue Described.--For purposes of this
section, the ``applicable venue'' with respect to a State is
the District of Columbia or the judicial district in which
the capital of the State is located, as selected by the first
party to file with the court sufficient evidence of the
occurrence of a triggering event described in subsection (f).
(c) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the Court shall adhere to the same
terms and conditions that applied (or that would have
applied, as the case may be) to the development of a plan by
the independent redistricting commission of the State under
section 2413(a).
(2) Access to information and records of commission.--The
Court shall have access to any information, data, software,
or other records and material that was used (or that would
have been used, as the case may be) by the independent
redistricting commission of the State in carrying out its
duties under this subtitle.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the Court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be heard and
present testimony, including expert testimony, in accordance
with the rules of the Court; and
(B) consider other submissions and comments by the public,
including proposals for redistricting plans to cover the
entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under
this section, the Court may appoint a special master to make
recommendations to the Court on possible plans for the State.
(d) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans,
the Court shall make the plans available to the public at no
cost, and shall also make available the underlying data used
by the Court to develop the plans and a written evaluation of
the plans against external metrics (as described in section
2413(e)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
Court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and
comments by the public which are received during such period,
the Court shall develop and publish the final redistricting
plan for the State.
(e) Use of Interim Plan.--In the event that the Court is
not able to develop and publish a final redistricting plan
for the State with sufficient time for an upcoming election
to proceed, the Court may develop and publish an interim
redistricting plan which shall serve as the redistricting
plan for the State until the Court develops and publishes a
final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the
authority or discretion of the Court to develop and publish
the final redistricting plan, including but not limited to
the discretion to make any changes the Court deems necessary
to an interim redistricting plan.
(f) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
2414(a) prior to the expiration of the deadline set forth in
section 2414(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 2414(b) prior to the
expiration of the deadline set forth in section 2414(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 2412 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 2412(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 2413(f).
SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER
ORDER OF FEDERAL COURT.
If a Federal court requires a State to conduct
redistricting subsequent to an apportionment of
Representatives in the State in order to comply with the
Constitution or to enforce the Voting Rights Act of 1965,
section 2413 shall apply with respect to the redistricting,
except that the court may revise any of the deadlines set
forth in such section if the court determines that a revision
is appropriate in order to provide for a timely enactment of
a new redistricting plan for the State.
PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d),
not later than 30 days after a State receives a State
apportionment notice, the Election Assistance Commission
shall, subject to the availability of appropriations provided
pursuant to subsection (e), make a payment to the State in an
amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under
this section to establish and operate the State's independent
redistricting commission, to implement the State
redistricting plan, and to otherwise carry out congressional
redistricting in the State.
(c) No Payment to States With Single Member.--The Election
Assistance Commission shall not make a payment under this
section to any State which is not entitled to more than one
Representative under its State apportionment notice.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--
(1) Requirement.--Except as provided in paragraph (2), the
Election Assistance Commission may not make a payment to a
State under this section until the State certifies to the
Commission that the nonpartisan agency established or
designated by a State under section 2414(a) has, in
accordance with section 2412(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 2414(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 2401(c), is exempt
from the requirements of section 2401(a), the Commission may
not make a payment to the State under this section until the
State certifies to the Commission that its redistricting
commission meets the requirements of section 2401(c).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for payments
under this section.
SEC. 2432. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
[[Page H2439]]
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for
such relief as may be appropriate to carry out this subtitle.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State to
meet the requirements of this subtitle may bring a civil
action in the United States district court for the applicable
venue for such relief as may be appropriate to remedy the
failure. For purposes of this section, the ``applicable
venue'' is the District of Columbia or the judicial district
in which the capital of the State is located, as selected by
the person who brings the civil action.
(b) Expedited Consideration.--In any action brought forth
under this section, the following rules shall apply:
(1) The action shall be filed in the district court of the
United States for the District of Columbia or for the
judicial district in which the capital of the State is
located, as selected by the person bringing the action.
(2) The action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(3) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(4) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary
of the Senate.
(5) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(6) It shall be the duty of the district court and the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
(c) Attorney's Fees.--In a civil action under this section,
the court may allow the prevailing party (other than the
United States) reasonable attorney fees, including litigation
expenses, and costs.
(d) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this
section are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this
subtitle shall supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this subtitle
authorizes or requires conduct that is prohibited by the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED.
In this subtitle, the ``State apportionment notice'' means,
with respect to a State, the notice sent to the State from
the Clerk of the House of Representatives under section 22(b)
of the Act entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for an
apportionment of Representatives in Congress'', approved June
18, 1929 (2 U.S.C. 2a), of the number of Representatives to
which the State is entitled.
SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this subtitle or in any amendment made by this
subtitle may be construed to affect the manner in which a
State carries out elections for State or local office,
including the process by which a State establishes the
districts used in such elections.
SEC. 2435. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall apply with respect to redistricting carried out
pursuant to the decennial census conducted during 2020 or any
succeeding decennial census.
Subtitle F--Saving Eligible Voters From Voter Purging
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Stop Automatically
Voiding Eligible Voters Off Their Enlisted Rolls in States
Act'' or the ``Save Voters Act''.
SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF
REGISTERED VOTERS.
(a) Conditions Described.--The National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting
after section 8 the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL
LIST OF REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable
Evidence of Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote
in elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence,
that the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1),
the following factors, or any combination thereof, shall not
be treated as objective and reliable evidence of a
registrant's ineligibility to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to any
notice sent under section 8(d), unless the notice has been
returned as undeliverable.
``(C) The failure of the registrant to take any other
action with respect to voting in any election or with respect
to the registrant's status as a registrant.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a State
removes the name of a registrant from the official list of
eligible voters for any reason (other than the death of the
registrant), the State shall send notice of the removal to
the former registrant, and shall include in the notice the
grounds for the removal and information on how the former
registrant may contest the removal or be reinstated,
including a telephone number for the appropriate election
official.
``(B) Exceptions.--Subparagraph (A) does not apply in the
case of a registrant--
``(i) who sends written confirmation to the State that the
registrant is no longer eligible to vote in the registrar's
jurisdiction in which the registrant was registered; or
``(ii) who is removed from the official list of eligible
voters by reason of the death of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters
(as described in section 8(a)(4)), the State shall
disseminate a public notice through such methods as may be
reasonable to reach the general public (including by
publishing the notice in a newspaper of wide circulation or
posting the notice on the websites of the appropriate
election officials) that list maintenance is taking place and
that registrants should check their registration status to
ensure no errors or mistakes have been made. The State shall
ensure that the public notice disseminated under this
paragraph is in a format that is reasonably convenient and
accessible to voters with disabilities, including voters who
have low vision or are blind.''.
(b) Conditions for Transmission of Notices of Removal.--
Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by
adding at the end the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A))
is amended by striking ``, registrants'' and inserting ``,
and subject to section 8A of such Act, registrants''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE
GREATER OPPORTUNITIES FOR VOTING.
Nothing in this title or the amendments made by this title
may be construed to prohibit any State from enacting any law
which provides greater opportunities for individuals to
register to vote and to vote in elections for Federal office
than are provided by this title and the amendments made by
this title.
Subtitle H--Severability
SEC. 2701. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election administration
requirements under Help America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
[[Page H2440]]
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Sec. 3403. Definitions.
Subtitle F--Miscellaneous Provisions
Sec. 3501. Definitions.
Sec. 3502. Initial report on adequacy of resources available for
implementation.
Subtitle G--Severability
Sec. 3601. Severability.
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This title may be cited as the ``Election
Security Act''.
(b) Sense of Congress on Need to Improve Election
Infrastructure Security.--It is the sense of Congress that,
in light of the lessons learned from Russian interference in
the 2016 Presidential election, the Federal Government should
intensify its efforts to improve the security of election
infrastructure in the United States, including through the
use of individual, durable, paper ballots marked by the voter
by hand.
Subtitle A--Financial Support for Election Infrastructure
PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.
(a) Availability of Grants.--Subtitle D of title II of the
Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as
amended by section 1905(a), is amended by adding at the end
the following new part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT
VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM
SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--The Commission shall
make a grant to each eligible State--
``(1) to replace a voting system--
``(A) which does not meet the requirements which are first
imposed on the State pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of 2019 with
a voting system which does meet such requirements, for use in
the regularly scheduled general elections for Federal office
held in November 2020, or
``(B) which does meet such requirements but which is not in
compliance with the most recent voluntary voting system
guidelines issued by the Commission prior to the regularly
scheduled general election for Federal office held in
November 2020 with another system which does meet such
requirements and is in compliance with such guidelines; and
``(2) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general elections for Federal office held in
November 2020 and each succeeding election for Federal
office.
``(b) Amount of Grant.--The amount of a grant made to a
State under this section shall be such amount as the
Commission determines to be appropriate, except that such
amount may not be less than the product of $1 and the average
of the number of individuals who cast votes in any of the two
most recent regularly scheduled general elections for Federal
office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds
appropriated for grants under this part is insufficient to
ensure that each State receives the amount of the grant
calculated under subsection (b), the Commission shall make
such pro rata reductions in such amounts as may be necessary
to ensure that the entire amount appropriated under this part
is distributed to the States.
``(d) Ability of Replacement Systems to Administer Ranked
Choice Elections.--To the greatest extent practicable, an
eligible State which receives a grant to replace a voting
system under this section shall ensure that the replacement
system is capable of administering a system of ranked choice
voting under which each voter shall rank the candidates for
the office in the order of the voter's preference.
``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure which is carried out by a
provider of cybersecurity services under a contract entered
into between the chief State election official and the
provider.
``(4) The maintenance of election infrastructure, including
addressing risks and vulnerabilities which are identified
under either of the security risk and vulnerability
assessments described in paragraph (3), except that none of
the funds provided under this part may be used to renovate or
replace a building or facility which is used primarily for
purposes other than the administration of elections for
public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure or designates as critical to the operation of
the State's election infrastructure.
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors
Described.--
``(1) In general.--For purposes of this part, a `qualified
election infrastructure vendor' is any person who provides,
supports, or maintains, or who seeks to provide, support, or
maintain, election infrastructure on behalf of a State, unit
of local government, or election agency (as defined in
section 3501 of the Election Security Act) who meets the
criteria described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph
are such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a citizen
or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and the
Secretary, and to the chief State election official of any
State to which the vendor provides any goods and services
with funds provided under this part, of any sourcing outside
the United States for parts of the election infrastructure.
``(C) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the cybersecurity best practices
issued by the Technical Guidelines Development Committee.
``(D) The vendor agrees to maintain its information
technology infrastructure in a manner that is consistent with
the cybersecurity best practices issued by the Technical
Guidelines Development Committee.
``(E) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant under
this part.
``(F) The vendor agrees to permit independent security
testing by the Commission (in accordance with section 231(a))
and by the Secretary of the goods and services provided by
the vendor pursuant to a grant under this part.
``(3) Cybersecurity incident reporting requirements.--
``(A) In general.--A vendor meets the requirements of this
paragraph if, upon becoming aware of the possibility that an
election cybersecurity incident has occurred involving any of
the goods and services provided by the vendor pursuant to a
grant under this part--
``(i) the vendor promptly assesses whether or not such an
incident occurred, and submits a notification meeting the
requirements of subparagraph (B) to the Secretary and the
Chairman of the assessment as soon as practicable (but in no
case later than 3 days after the vendor first becomes aware
of the possibility that the incident occurred);
``(ii) if the incident involves goods or services provided
to an election agency, the vendor submits a notification
meeting the requirements of subparagraph (B) to the agency as
soon as practicable (but in no case later than 3 days after
the vendor first becomes aware of the possibility that the
incident occurred), and cooperates with the agency in
providing any other necessary notifications relating to the
incident; and
``(iii) the vendor provides all necessary updates to any
notification submitted under clause (i) or clause (ii).
``(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of subparagraph (A)
shall contain the following information with respect to any
election cybersecurity incident covered by the notification:
[[Page H2441]]
``(i) The date, time, and time zone when the election
cybersecurity incident began, if known.
``(ii) The date, time, and time zone when the election
cybersecurity incident was detected.
``(iii) The date, time, and duration of the election
cybersecurity incident.
``(iv) The circumstances of the election cybersecurity
incident, including the specific election infrastructure
systems believed to have been accessed and information
acquired, if any.
``(v) Any planned and implemented technical measures to
respond to and recover from the incident.
``(vi) In the case of any notification which is an update
to a prior notification, any additional material information
relating to the incident, including technical data, as it
becomes available.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if
the State submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
risk-limiting audits and will carry out voting system
security improvements, as described in section 298A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year,
the Commission shall submit a report to the appropriate
congressional committees, including the Committees on
Homeland Security, House Administration, and the Judiciary of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs, the Judiciary, and Rules
and Administration of the Senate, on the activities carried
out with the funds provided under this part.
``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be
appropriated for grants under this part--
``(1) $1,000,000,000 for fiscal year 2019; and
``(2) $175,000,000 for each of the fiscal years 2020, 2022,
2024, and 2026.
``(b) Continuing Availability of Amounts.--Any amounts
appropriated pursuant to the authorization of this section
shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 1905(b), is amended by adding at the
end of the items relating to subtitle D of title II the
following:
``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
``Sec. 298. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES
WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION
ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA
VOTE ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202
of the Help America Vote Act of 2002 (52 U.S.C. 20922) is
amended in the matter preceding paragraph (1) by striking
``by'' and inserting ``and the security of election
infrastructure by''.
(b) Membership of Secretary of Homeland Security on Board
of Advisors of Election Assistance Commission.--Section
214(a) of such Act (52 U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38
members''; and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the
Secretary's designee.''.
(c) Representative of Department of Homeland Security on
Technical Guidelines Development Committee.--Section
221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of Homeland
Security.''.
(d) Goals of Periodic Studies of Election Administration
Issues; Consultation With Secretary of Homeland Security.--
Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Commission shall'' and inserting ``the Commission, in
consultation with the Secretary of Homeland Security (as
appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) will be secure against attempts to undermine the
integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security
improvements.--Section 251(b) of such Act (52 U.S.C.
21001(b)), as amended by section 1061(a)(2), is further
amended by adding at the end the following new paragraph:
``(5) Permitting use of payments for voting system security
improvements.--A State may use a requirements payment to
carry out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure or designates as critical to the operation of
the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of the
information technology infrastructure described in
subparagraph (B).
``(D) Enhancing the security of voter registration
databases.''.
(2) Incorporation of election infrastructure protection in
state plans for use of payments.--Section 254(a)(1) of such
Act (52 U.S.C. 21004(a)(1)) is amended by striking the period
at the end and inserting ``, including the protection of
election infrastructure.''.
(3) Composition of committee responsible for developing
state plan for use of payments.--Section 255 of such Act (52
U.S.C. 21005) is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection:
``(b) Geographic Representation.--The members of the
committee shall be a representative group of individuals from
the State's counties, cities, towns, and Indian tribes, and
shall represent the needs of rural as well as urban areas of
the State, as the case may be.''.
(f) Ensuring Protection of Computerized Statewide Voter
Registration List.--Section 303(a)(3) of such Act (52 U.S.C.
21083(a)(3)) is amended by striking the period at the end and
inserting ``, as well as other measures to prevent and deter
cybersecurity incidents, as identified by the Commission, the
Secretary of Homeland Security, and the Technical Guidelines
Development Committee.''.
SEC. 3003. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act
of 2002 (52 U.S.C. 21141) is amended to read as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3501 of the Election Security Act.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by amending the item relating to section 901 to
read as follows:
``Sec. 901. Definitions.''.
PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING
AUDITS OF RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the
Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as
amended by sections 1905(a) and 3001(a), is amended by adding
at the end the following new part:
``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a
grant to each eligible State to conduct risk-limiting audits
as described in subsection (b) with respect to the regularly
scheduled general elections for Federal office held in
November 2020 and each succeeding election for Federal
office.
``(b) Risk-limiting Audits Described.--In this part, a
`risk-limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official
of the State which meet the requirements of subsection (c);
and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit
shall include the following elements:
[[Page H2442]]
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved
in the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official
and made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions
apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any part of
the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information with
respect to the ballots cast and counted in the election:
``(i) The total number of ballots cast and counted by the
agency (including undervotes, overvotes, and other invalid
votes).
``(ii) The total number of ballots cast in each election
administered by the agency (including undervotes, overvotes,
and other invalid votes).
``(iii) A precise description of the manner in which the
ballots are physically stored, including the total number of
physical groups of ballots, the numbering system for each
group, a unique label for each group, and the number of
ballots in each such group.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and
which will become the official, certified outcome unless it
is revised by an audit, recount, or other legal process.
``SEC. 299A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if
the State submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 299;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 299(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results
of the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that
the audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election
agency shall use the results of the full manual tally as the
official results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under
this part $20,000,000 for fiscal year 2019, to remain
available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by sections 1905(b) and 3001(b), is further
amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 9--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 299. Grants for conducting risk-limiting audits of results of
elections.
``Sec. 299A. Eligibility of States.
``Sec. 299B. Authorization of appropriations.
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first
election for Federal office is held after grants are first
awarded to States for conducting risk-limiting audits under
part 9 of subtitle D of title II of the Help America Vote Act
of 2002 (as added by section 3011) for conducting risk-
limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an
analysis of the extent to which such audits have improved the
administration of such elections and the security of election
infrastructure in the States receiving such grants.
(b) Report.--The Comptroller General of the United States
shall submit a report on the analysis conducted under
subsection (a) to the appropriate congressional committees.
PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM
SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended--
(1) by redesignating the second section 319 (relating to
EMP and GMD mitigation research and development) as section
320; and
(2) by adding at the end the following new section:
``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, in coordination
with the Chairman of the Election Assistance Commission
(established pursuant to the Help America Vote Act of 2002)
and in consultation with the Director of the National Science
Foundation, shall establish a competitive grant program to
award grants to eligible entities, on a competitive basis,
for purposes of research and development that are determined
to have the potential to significantly improve the security
(including cybersecurity), quality, reliability, accuracy,
accessibility, and affordability of election infrastructure.
``(b) Report to Congress.--Not later than 90 days after the
conclusion of each fiscal year for which grants are awarded
under this section, the Secretary shall submit to the
Committee on Homeland Security and the Committee on House
Administration of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on Rules and Administration of the Senate a
report describing such grants and analyzing the impact, if
any, of such grants on the security and operation of election
infrastructure.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $6,250,000 for each of
fiscal years 2019 through 2027 for purposes of carrying out
this section.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), including an institution of higher education that
is a historically Black college or university (which has the
meaning given the term ``part B institution'' in section 322
of such Act (20 U.S.C. 1061)) or other minority-serving
institution listed in section 371(a) of such Act (20 U.S.C.
1067q(a));
``(2) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code; or
``(3) an organization, association, or a for-profit
company, including a small business concern (as such term is
defined under section 3 of the Small Business Act (15 U.S.C.
632)), including a small business concern owned and
controlled by socially and economically disadvantaged
individuals as defined under section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Definition.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (6) through (20) as
paragraphs (7) through (21), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Election infrastructure.--The term `election
infrastructure' means storage facilities, polling places, and
centralized vote tabulation locations used to support the
administration of elections for public office, as well as
related information and communications technology, including
voter registration databases, voting machines, electronic
mail and other communications systems (including electronic
mail and other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election process, and
report and display election results), and other systems used
to manage the election process and to report and display
election results on behalf of an election agency.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking both items relating to section 319 and the item
relating to section 318 and inserting the following new
items:
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.
``Sec. 321. Election infrastructure innovation grant program.''.
Subtitle B--Security Measures
SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland
Security Act of 2002 (6 U.S.C. 601(3)) is amended by
inserting ``, including election infrastructure'' before the
period at the end.
[[Page H2443]]
SEC. 3102. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 121) is amended by adding at the end the
following new paragraph:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official
of the State with respect to which such information
pertains.''.
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION
OFFICIALS.
In order to promote the timely sharing of information on
threats to election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official;
(2) sponsor a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official; and
(3) facilitate the issuance of a temporary clearance to the
chief State election official and other appropriate State
personnel involved in the administration of elections, as
designated by the chief State election official, if the
Secretary determines classified information to be timely and
relevant to the election infrastructure of the State at
issue.
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the
Homeland Security Act of 2002 (6 U.S.C. 659(c)) is amended by
inserting ``(including by carrying out a security risk and
vulnerability assessment)'' after ``risk management
support''.
(b) Prioritization to Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a
written request from a chief State election official, the
Secretary shall, to the extent practicable, commence a
security risk and vulnerability assessment (pursuant to
paragraph (6) of section 2209(c) of the Homeland Security Act
of 2002, as amended by subsection (a)) on election
infrastructure in the State at issue.
(2) Notification.--If the Secretary, upon receipt of a
request described in paragraph (1), determines that a
security risk and vulnerability assessment cannot be
commenced within 90 days, the Secretary shall expeditiously
notify the chief State election official who submitted such
request.
SEC. 3105. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than
one year after the date of the enactment of this Act and
annually thereafter through 2026, the Secretary shall submit
to the appropriate congressional committees--
(1) efforts to carry out section 203 during the prior year,
including specific information on which States were helped,
how many officials have been helped in each State, how many
security clearances have been sponsored in each State, and
how many temporary clearances have been issued in each State;
and
(2) efforts to carry out section 205 during the prior year,
including specific information on which States were helped,
the dates on which the Secretary received a request for a
security risk and vulnerability assessment pursuant to such
section, the dates on which the Secretary commenced each such
request, and the dates on which the Secretary transmitted a
notification in accordance with subsection (b)(2) of such
section.
(b) Reports on Foreign Threats.--Not later than 90 days
after the end of each fiscal year (beginning with fiscal year
2019), the Secretary and the Director of National
Intelligence, in coordination with the heads of appropriate
offices of the Federal government, shall submit a joint
report to the appropriate congressional committees on foreign
threats to elections in the United States, including physical
and cybersecurity threats.
(c) Information From States.--For purposes of preparing the
reports required under this section, the Secretary shall
solicit and consider information and comments from States and
election agencies, except that the provision of such
information and comments by a State or election agency shall
be voluntary and at the discretion of the State or agency.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the President, acting through the
Secretary, in consultation with the Chairman, the Secretary
of Defense, the Secretary of State, the Attorney General, the
Secretary of Education, the Director of National
Intelligence, the Chairman of the Federal Election
Commission, and the heads of any other appropriate Federal
agencies, shall issue a national strategy to protect against
cyber attacks, influence operations, disinformation
campaigns, and other activities that could undermine the
security and integrity of United States democratic
institutions.
(b) Considerations.--The national strategy required under
subsection (a) shall include consideration of the following:
(1) The threat of a foreign state actor, foreign terrorist
organization (as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)), or a
domestic actor carrying out a cyber attack, influence
operation, disinformation campaign, or other activity aimed
at undermining the security and integrity of United States
democratic institutions.
(2) The extent to which United States democratic
institutions are vulnerable to a cyber attack, influence
operation, disinformation campaign, or other activity aimed
at undermining the security and integrity of such democratic
institutions.
(3) Potential consequences, such as an erosion of public
trust or an undermining of the rule of law, that could result
from a successful cyber attack, influence operation,
disinformation campaign, or other activity aimed at
undermining the security and integrity of United States
democratic institutions.
(4) Lessons learned from other Western governments the
institutions of which were subject to a cyber attack,
influence operation, disinformation campaign, or other
activity aimed at undermining the security and integrity of
such institutions, as well as actions that could be taken by
the United States Government to bolster collaboration with
foreign partners to detect, deter, prevent, and counter such
activities.
(5) Potential impacts such as an erosion of public trust in
democratic institutions as could be associated with a
successful cyber breach or other activity negatively-
affecting election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials
and representatives of multi-state information sharing and
analysis center.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect
United States Democratic Institutions, authorized pursuant to
section 3202.
(c) Implementation Plan.--Not later than 90 days after the
issuance of the national strategy required under subsection
(a), the President, acting through the Secretary, in
coordination with the Chairman, shall issue an implementation
plan for Federal efforts to implement such strategy that
includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to
in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under
subsection (a) shall be in unclassified form.
(e) Civil Rights Review.--Not later than 60 days after the
issuance of the national strategy required under subsection
(a), and not later than 60 days after the issuance of the
implementation plan required under subsection (c), the
Privacy and Civil Liberties Oversight Board (established
under subsection 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall
submit a report to Congress on any potential privacy and
civil liberties impacts of such strategy and implementation
plan, respectively.
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) Establishment.--There is established within the
legislative branch the National Commission to Protect United
States Democratic Institutions (hereafter in this section
referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to counter
efforts to undermine democratic institutions within the
United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10
members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) 2 members shall be appointed by the majority leader of
the Senate, in consultation with the Chairman of the
Committee on Homeland Security and Governmental Affairs, the
Chairman of the Committee on the Judiciary, and the Chairman
of the Committee on Rules and Administration.
(D) 2 members shall be appointed by the minority leader of
the Senate, in consultation with the ranking minority member
of the Committee on Homeland Security and Governmental
Affairs, the ranking minority member of the Committee on the
Judiciary, and the ranking minority member of the Committee
on Rules and Administration.
(E) 2 members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairman
of the Committee on Homeland Security, the Chairman of the
Committee on House Administration, and the Chairman of the
Committee on the Judiciary.
(F) 2 members shall be appointed by the minority leader of
the House of Representatives, in consultation with the
ranking minority member of the Committee on Homeland
Security, the ranking minority member of the Committee on the
Judiciary, and the ranking minority member of the Committee
on House Administration.
(2) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including, but
not limited to cybersecurity,
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national security, and the Constitution of the United States.
(3) No compensation for service.--Members shall not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the
Commission shall be appointed no later than 60 days after the
date of the enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the
date on which all members have been appointed or, if such
meeting cannot be mutually agreed upon, on a date designated
by the Speaker of the House of Representatives and the
President pro Tempore of the Senate. Each subsequent meeting
shall occur upon the call of the Chair or a majority of its
members. A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any
member of the Commission may, if authorized by the
Commission, take any action that the Commission is authorized
to take under this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the
authority of the Commission, any subcommittee or member
thereof) may, for the purpose of carrying out this section,
hold hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission considers advisable to carry out its
duties.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), the Department of
Homeland Security, the Election Assistance Commission, and
other appropriate departments and agencies of the United
States shall provide to the Commission such services, funds,
facilities, and staff as they may determine advisable and as
may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and
agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and
staff with appropriate security clearances to the extent
possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees,
and entering into contracts for the provision of services for
the Commission, the Commission shall give preference to
individuals otherwise who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission
of the final report under paragraph (2), the Commission may
submit interim reports to the President and Congress such
findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States
as have been agreed to by a majority of the members of the
Commission.
(2) Final report.--Not later than 18 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report
containing such findings, conclusions, and recommendations to
strengthen protections for democratic institutions in the
United States as have been agreed to by a majority of the
members of the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period described in paragraph (2), the Commission
may carry out such administrative activities as may be
required to conclude its work, including providing testimony
to committees of Congress concerning the final report and
disseminating the final report.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE
COMPLIANCE WITH ELECTION CYBERSECURITY
GUIDELINES AND OTHER GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the
end the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the date of
each regularly scheduled general election for Federal office,
the Commission shall provide for the testing by accredited
laboratories under this section of the voting system hardware
and software which was certified for use in the most recent
such election, on the basis of the most recent voting system
guidelines applicable to such hardware or software (including
election cybersecurity guidelines) issued under this Act.
``(B) Decertification of hardware or software failing to
meet guidelines.--If, on the basis of the testing described
in subparagraph (A), the Commission determines that any
voting system hardware or software does not meet the most
recent guidelines applicable to such hardware or software
issued under this Act, the Commission shall decertify such
hardware or software.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding regularly scheduled general election for Federal
office.
(b) Issuance of Cybersecurity Guidelines by Technical
Guidelines Development Committee.--Section 221(b) of the Help
America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by
adding at the end the following new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of this paragraph, the
Development Committee shall issue election cybersecurity
guidelines, including standards and best practices for
procuring, maintaining, testing, operating, and updating
election systems to prevent and deter cybersecurity
incidents.''.
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF
VOTING SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section
301(b) of the Help America Vote Act of 2002 (52 U.S.C.
21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of
mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required
to program, control, and support the equipment) that is
used--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as redesignated by subsection (b), is amended by
striking the period at the end and inserting the following:
``, or, with respect to any requirements relating to
electronic poll books, on and after January 1, 2020.''.
SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States to Submit Reports.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended by inserting after section 301 the following new
section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States to Submit Reports.--Not later than
120 days before the date of each regularly scheduled general
election for Federal office, the chief State election
official of a State shall submit a report to the Commission
containing a detailed voting system usage plan for each
jurisdiction in the State which will administer the election,
including a detailed plan for the usage of electronic poll
books and other equipment and components of such system.
``(b) Effective Date.--Subsection (a) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2020 and each succeeding
regularly scheduled general election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
301 the following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C.
20922) is amended--
[[Page H2445]]
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of
chapter 35 of title 44, United States Code, shall not apply
to the collection of information for purposes of maintaining
the clearinghouse described in paragraph (1) of subsection
(a).''.
Subtitle E--Preventing Election Hacking
SEC. 3401. SHORT TITLE.
This subtitle may be cited as the ``Prevent Election
Hacking Act of 2019''.
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
program to be known as the ``Election Security Bug Bounty
Program'' (hereafter in this subtitle referred to as the
``Program'') to improve the cybersecurity of the systems used
to administer elections for Federal office by facilitating
and encouraging assessments by independent technical experts,
in cooperation with State and local election officials and
election service providers, to identify and report election
cybersecurity vulnerabilities.
(b) Voluntary Participation by Election Officials and
Election Service Providers.--
(1) No requirement to participate in program.--
Participation in the Program shall be entirely voluntary for
State and local election officials and election service
providers.
(2) Encouraging participation and input from election
officials.--In developing the Program, the Secretary shall
solicit input from, and encourage participation by, State and
local election officials.
(c) Activities Funded.--In establishing and carrying out
the Program, the Secretary shall--
(1) establish a process for State and local election
officials and election service providers to voluntarily
participate in the Program;
(2) designate appropriate information systems to be
included in the Program;
(3) provide compensation to eligible individuals,
organizations, and companies for reports of previously
unidentified security vulnerabilities within the information
systems designated under subparagraph (A) and establish
criteria for individuals, organizations, and companies to be
considered eligible for such compensation in compliance with
Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law, and from liability under
civil actions for specific activities authorized under the
Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons
that may be applied from such programs;
(6) develop an expeditious process by which an individual,
organization, or company can register with the Department,
submit to a background check as determined by the Department,
and receive a determination as to eligibility for
participation in the Program; and
(7) engage qualified interested persons, including
representatives of private entities, about the structure of
the Program and, to the extent practicable, establish a
recurring competition for independent technical experts to
assess election systems for the purpose of identifying and
reporting election cybersecurity vulnerabilities;
(d) Use of Service Providers.--The Secretary may award
competitive contracts as necessary to manage the Program.
SEC. 3403. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) The term ``election cybersecurity vulnerability'' means
any security vulnerability (as defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501)) that affects an election system.
(3) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(4) The term ``election system'' means any information
system (as defined in section 3502 of title 44, United States
Code) which is part of an election infrastructure.
(5) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the
Director of Cybersecurity and Infrastructure Security of the
Department of Homeland Security, or a Senate-confirmed
official that reports to the Director.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of Northern Mariana
Islands, and the United States Virgin Islands.
(7) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b)).
Subtitle F--Miscellaneous Provisions
SEC. 3501. DEFINITIONS.
Except as provided in section 3403, in this title, the
following definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration
of the House of Representatives and the Committees on
Homeland Security and Governmental Affairs and Rules and
Administration of the Senate.
(3) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for coordination of
the State's responsibilities under such Act.
(4) The term ``Commission'' means the Election Assistance
Commission.
(5) The term ``democratic institutions'' means the diverse
range of institutions that are essential to ensuring an
independent judiciary, free and fair elections, and rule of
law.
(6) The term ``election agency'' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of
elections for Federal office in the State.
(7) The term ``election infrastructure'' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and other
systems of vendors who have entered into contracts with
election agencies to support the administration of elections,
manage the election process, and report and display election
results), and other systems used to manage the election
process and to report and display election results on behalf
of an election agency.
(8) The term ``Secretary'' means the Secretary of Homeland
Security.
(9) 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. 3502. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE
FOR IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the
Chairman and the Secretary shall submit a report to the
appropriate committees of Congress, including the Committees
on Homeland Security and House Administration of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, analyzing the adequacy of
the funding, resources, and personnel available to carry out
this title and the amendments made by this title.
Subtitle G--Severability
SEC. 3601. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Regulation of Certain Political Spending
Sec. 4101. Application of ban on contributions and expenditures by
foreign nationals to domestic corporations, limited
liability corporations, and partnerships that are
foreign-controlled, foreign-influenced, and foreign-
owned.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered
transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Subtitle C--Honest Ads
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
[[Page H2446]]
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand By Every Ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on Internet communications.
Sec. 4305. Effective date.
Subtitle E--Secret Money Transparency
Sec. 4401. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political activity of
certain nonprofit organizations.
Subtitle F--Shareholder Right-to-Know
Sec. 4501. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders of
corporations have knowledge of corporation political
activity.
Subtitle G--Disclosure of Political Spending by Government Contractors
Sec. 4601. Repeal of restriction on use of funds to require disclosure
of political spending by government contractors.
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4701. Short title.
Sec. 4702. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle I--Severability
Sec. 4801. Severability.
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.
Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies,'' to hide, move, and
launder the dirty money derived from illicit activities such
as trafficking, bribery, exploitation, and embezzlement.
Ownership and control of the finances that run through shell
companies are obscured to regulators and law enforcement
because little information is required and collected when
establishing these entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Congress should curb the use of anonymous shell
companies for illicit purposes by requiring United States
companies to disclose their beneficial owners, strengthening
anti-money laundering and counter-terrorism finance laws.
(4) Congress should examine the money laundering and
terrorist financing risks in the real estate market,
including the role of anonymous parties, and review
legislation to address any vulnerabilities identified in this
sector.
(5) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anti-corruption laws and regulations.
Subtitle B--DISCLOSE Act
SEC. 4100. SHORT TITLE.
This subtitle may be cited as the ``Democracy Is
Strengthened by Casting Light On Spending in Elections Act of
2019'' or the ``DISCLOSE Act of 2019''.
PART 1--REGULATION OF CERTAIN POLITICAL SPENDING
SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY
FOREIGN NATIONALS IN ELECTION-RELATED
ACTIVITIES.
(a) Clarification of Prohibition.--Section 319(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a foreign national to direct, dictate, control, or
directly or indirectly participate in the decision making
process of any person (including a corporation, labor
organization, political committee, or political organization)
with regard to such person's Federal or non-Federal election-
related activity, including any decision concerning the
making of contributions, donations, expenditures, or
disbursements in connection with an election for any Federal,
State, or local office or any decision concerning the
administration of a political committee.''.
(b) Certification of Compliance.--Section 319 of such Act
(52 U.S.C. 30121) is amended by adding at the end the
following new subsection:
``(c) Certification of Compliance Required Prior To
Carrying Out Activity.--Prior to the making in connection
with an election for Federal office of any contribution,
donation, expenditure, independent expenditures, or
disbursement for an electioneering communication by a
corporation, limited liability corporation, or partnership
during a year, the chief executive officer of the
corporation, limited liability corporation, or partnership
(or, if the corporation, limited liability corporation, or
partnership does not have a chief executive officer, the
highest ranking official of the corporation, limited
liability corporation, or partnership), shall file a
certification with the Commission, under penalty or perjury,
that a foreign national did not direct, dictate, control, or
directly or indirectly participate in the decision making
process relating to such activity in violation of subsection
(a)(3), unless the chief executive officer has previously
filed such a certification during that calendar year.''.
(c) Effective Date.--The amendments made by this section
shall take effect upon the expiration of the 180-day period
which begins on the date of the enactment of this Act, and
shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to
carry out such amendments.
SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN
TO CERTAIN DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon
and inserting the following: ``, including any disbursement
to a political committee which accepts donations or
contributions that do not comply with the limitations,
prohibitions, and reporting requirements of this Act (or any
disbursement to or on behalf of any account of a political
committee which is established for the purpose of accepting
such donations or contributions);''.
(b) Conditions Under Which Corporate PACs May Make
Contributions and Expenditures.--Section 316(b) of such Act
(52 U.S.C. 30118(b)) is amended by adding at the end the
following new paragraph:
``(8) A separate segregated fund established by a
corporation may not make a contribution or expenditure during
a year unless the fund has certified to the Commission the
following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decisionmaking authority for the
fund, is a citizen of the United States or is lawfully
admitted for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with
regard to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to
the contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) Disclosure Requirements for Corporations, Labor
Organizations, and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY
COVERED ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000
in an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under this
subsection, for the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the first such disclosure date) and
ending on the first such disclosure date; and
``(B) in the case of any subsequent statement filed under
this subsection, for the period beginning on the previous
disclosure date and ending on such disclosure date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and, in the
case of a covered organization that is a corporation (other
than a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d))) or an entity described in subsection
[[Page H2447]]
(e)(2), a list of the beneficial owners (as defined in
paragraph (4)(A)) of the entity that--
``(i) identifies each beneficial owner by name and current
residential or business street address; and
``(ii) if any beneficial owner exercises control over the
entity through another legal entity, such as a corporation,
partnership, limited liability company, or trust, identifies
each such other legal entity and each such beneficial owner
who will use that other entity to exercise control over the
entity.
``(B) The amount of each campaign-related disbursement made
by such organization during the period covered by the
statement of more than $1,000, and the name and address of
the person to whom the disbursement was made.
``(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the
campaign-related disbursement pertains and if the
disbursement is made for a public communication, the name of
any candidate identified in such communication and whether
such communication is in support of or in opposition to a
candidate.
``(D) A certification by the chief executive officer or
person who is the head of the covered organization that the
campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion
of a candidate, authorized committee, or agent of a
candidate, political party, or agent of a political party.
``(E)(i) If the covered organization makes campaign-related
disbursements using exclusively funds in a segregated bank
account consisting of funds that were paid directly to such
account by persons other than the covered organization that
controls the account, for each such payment to the account--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of $10,000 or
more during the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2020.
``(F)(i) If the covered organization makes campaign-related
disbursements using funds other than funds in a segregated
bank account described in subparagraph (E), for each payment
to the covered organization--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate amount
of $10,000 or more during the period beginning on the first
day of the election reporting cycle (or, if earlier, the
period beginning one year before the disclosure date) and
ending on the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2020.
``(G) Such other information as required in rules
established by the Commission to promote the purposes of this
section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of business.--The
requirement to include in a statement filed under paragraph
(1) the information described in paragraph (2) shall not
apply to amounts received by the covered organization in
commercial transactions in the ordinary course of any trade
or business conducted by the covered organization or in the
form of investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this subparagraph,
amounts received by a covered organization as remittances
from an employee to the employee's collective bargaining
representative shall be treated as amounts received in
commercial transactions in the ordinary course of the
business conducted by the covered organization.
``(B) Donor restriction on use of funds.--The requirement
to include in a statement submitted under paragraph (1) the
information described in subparagraph (F) of paragraph (2)
shall not apply if--
``(i) the person described in such subparagraph prohibited,
in writing, the use of the payment made by such person for
campaign-related disbursements; and
``(ii) the covered organization agreed to follow the
prohibition and deposited the payment in an account which is
segregated from any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The requirement to
include any information relating to the name or address of
any person (other than a candidate) in a statement submitted
under paragraph (1) shall not apply if the inclusion of the
information would subject the person to serious threats,
harassment, or reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in clause (ii), the
term `beneficial owner' means, with respect to any entity, a
natural person who, directly or indirectly--
``(I) exercises substantial control over an entity through
ownership, voting rights, agreement, or otherwise; or
``(II) has a substantial interest in or receives
substantial economic benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial owner' shall not
include--
``(I) a minor child;
``(II) a person acting as a nominee, intermediary,
custodian, or agent on behalf of another person;
``(III) a person acting solely as an employee of an entity
and whose control over or economic benefits from the entity
derives solely from the employment status of the person;
``(IV) a person whose only interest in an entity is through
a right of inheritance, unless the person also meets the
requirements of clause (i); or
``(V) a creditor of an entity, unless the creditor also
meets the requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions under clause (ii)
shall not apply if used for the purpose of evading,
circumventing, or abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date' means--
``(i) the first date during any election reporting cycle by
which a person has made campaign-related disbursements
aggregating more than $10,000; and
``(ii) any other date during such election reporting cycle
by which a person has made campaign-related disbursements
aggregating more than $10,000 since the most recent
disclosure date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on the
date of the most recent general election for Federal office.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or other
payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be
treated as a separate segregated fund for purposes of section
527(f)(3) of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under
subsection (a) shall be subject to the requirements of
section 304(d) to the same extent and in the same manner as
if such reports had been required under subsection (c) or (g)
of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly advocates
the election or defeat of a clearly identified candidate for
election for Federal office, or is the functional equivalent
of express advocacy because, when taken as a whole, it can be
interpreted by a reasonable person only as advocating the
election or defeat of a candidate for election for Federal
office.
``(B) Any public communication which refers to a clearly
identified candidate for election for Federal office and
which promotes or supports the election of a candidate for
that office, or attacks or opposes the election of a
candidate for that office, without regard to whether the
communication expressly advocates a vote for or against a
candidate for that office.
``(C) An electioneering communication, as defined in
section 304(f)(3).
``(D) A covered transfer.
``(2) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), or (D) of paragraph
(1) shall be treated as a campaign-related disbursement
regardless of the intent of the person making the
disbursement.
``(e) Covered Organization Defined.--In this section, the
term `covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for
[[Page H2448]]
purposes of this Act (other than an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such
Code (other than an organization described in section
501(c)(3) of such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political
committee under this Act (except as provided in paragraph
(6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act,
but only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the amounts be
used for--
``(i) campaign-related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(B) made such transfer or payment in response to a
solicitation or other request for a donation or payment for--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(C) engaged in discussions with the recipient of the
transfer or payment regarding--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) donating or transferring any amount of such transfer
or payment to another person for the purpose of making or
paying for such campaign-related disbursements;
``(D) made campaign-related disbursements (other than a
covered transfer) in an aggregate amount of $50,000 or more
during the 2-year period ending on the date of the transfer
or payment, or knew or had reason to know that the person
receiving the transfer or payment made such disbursements in
such an aggregate amount during that 2-year period; or
``(E) knew or had reason to know that the person receiving
the transfer or payment would make campaign-related
disbursements in an aggregate amount of $50,000 or more
during the 2-year period beginning on the date of the
transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization in a
commercial transaction in the ordinary course of any trade or
business conducted by the covered organization or in the form
of investments made by the covered organization.
``(B) A disbursement made by a covered organization if--
``(i) the covered organization prohibited, in writing, the
use of such disbursement for campaign-related disbursements;
and
``(ii) the recipient of the disbursement agreed to follow
the prohibition and deposited the disbursement in an account
which is segregated from any account used to make campaign-
related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one covered
organization to another covered organization which is treated
as a transfer between affiliates under subparagraph (C) shall
be considered a covered transfer by the covered organization
which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to
that same covered organization is equal to or greater than
$50,000.
``(B) Determination of amount of certain payments among
affiliates.--In determining the amount of a transfer between
affiliates for purposes of subparagraph (A), to the extent
that the transfer consists of funds attributable to dues,
fees, or assessments which are paid by individuals on a
regular, periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the transfer
shall be attributed to the individuals paying the dues, fees,
or assessments and shall not be attributed to the covered
organization.
``(C) Description of transfers between affiliates.--A
transfer of amounts from one covered organization to another
covered organization shall be treated as a transfer between
affiliates if--
``(i) one of the organizations is an affiliate of the other
organization; or
``(ii) each of the organizations is an affiliate of the
same organization,
except that the transfer shall not be treated as a transfer
between affiliates if one of the organizations is established
for the purpose of making campaign-related disbursements.
``(D) Determination of affiliate status.--For purposes of
subparagraph (C), a covered organization is an affiliate of
another covered organization if--
``(i) the governing instrument of the organization requires
it to be bound by decisions of the other organization;
``(ii) the governing board of the organization includes
persons who are specifically designated representatives of
the other organization or are members of the governing board,
officers, or paid executive staff members of the other
organization, or whose service on the governing board is
contingent upon the approval of the other organization; or
``(iii) the organization is chartered by the other
organization.
``(E) Coverage of transfers to affiliated section 501(c)(3)
organizations.--This paragraph shall apply with respect to an
amount transferred by a covered organization to an
organization described in paragraph (3) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code in the same manner as this
paragraph applies to an amount transferred by a covered
organization to another covered organization.
``(g) No Effect on Other Reporting Requirements.--Nothing
in this section shall be construed to waive or otherwise
affect any other requirement of this Act which relates to the
reporting of campaign-related disbursements.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(b) Coordination With FinCEN.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network of the Department of the Treasury shall
provide the Federal Election Commission with such information
as necessary to assist in administering and enforcing section
324 of the Federal Election Campaign Act of 1971, as added by
this section.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the
Financial Crimes Enforcement Network of the Department of the
Treasury, shall submit to Congress a report with
recommendations for providing further legislative authority
to assist in the administration and enforcement of such
section 324.
SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS
FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING
OF COVERED TRANSFERS.
Section 319(a)(1)(A) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section
4102, is amended by striking the semicolon and inserting the
following: ``, and any disbursement, other than an
disbursement described in section 324(a)(3)(A), to another
person who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during the
2-year period ending on the date of the disbursement;''.
SEC. 4113. EFFECTIVE DATE.
The amendments made by this part shall apply with respect
to disbursements made on or after January 1, 2020, and shall
take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out
such amendments.
PART 3--OTHER ADMINISTRATIVE REFORMS
SEC. 4121. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30107(a)(6)) is amended by inserting
``(including a proceeding before the Supreme Court on
certiorari)'' after ``appeal''.
SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN
FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting
after section 406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--Notwithstanding section 373(f), if any
action is brought for declaratory or injunctive relief to
challenge the constitutionality of any provision of this Act
or of chapter 95 or 96 of the Internal Revenue Code of 1986,
or is brought to with respect to any action of the Commission
under chapter 95 or 96 of the Internal Revenue Code of 1986,
the following rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal
from the decision of the district court may be taken to the
Court of Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision--
``(A) a copy of the complaint shall be delivered promptly
to the Clerk of the House of Representatives and the
Secretary of the Senate; and
``(B) it shall be the duty of the United States District
Court for the District of Columbia, the Court of Appeals for
the District of Columbia, and the Supreme Court of the United
States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
``(b) Intervention by Members of Congress.--In any action
in which the constitutionality of any provision of this Act
or chapter 95 or 96 of the Internal Revenue Code of 1986 is
raised, any Member of the House of Representatives (including
a Delegate or Resident Commissioner to the Congress) or
Senate shall have the right to intervene either in support of
or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid
duplication of efforts and reduce the burdens placed on the
parties to the action, the court in any such action may make
such orders as it considers necessary, including orders to
[[Page H2449]]
require interveners taking similar positions to file joint
papers or to be represented by a single attorney at oral
argument.
``(c) Challenge by Members of Congress.--Any Member of
Congress may bring an action, subject to the special rules
described in subsection (a), for declaratory or injunctive
relief to challenge the constitutionality of any provision of
this Act or chapter 95 or 96 of the Internal Revenue Code of
1986.''.
(b) Conforming Amendments.--
(1) In general.--
(A) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of
certifications, determinations, and actions by the Commission
under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(B) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by
the Commission under this chapter, see section 407 of the
Federal Election Campaign Act of 1971.''.
(C) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section
shall apply to actions brought on or after January 1, 2019.
Subtitle C--Honest Ads
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 4202. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving
disclosure requirements for online political advertisements
in order to uphold the Supreme Court's well-established
standard that the electorate bears the right to be fully
informed.
SEC. 4203. FINDINGS.
Congress makes the following findings:
(1) On January 6, 2017, the Office of the Director of
National Intelligence published a report titled ``Assessing
Russian Activities and Intentions in Recent U.S. Elections'',
noting that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the US presidential
election . . .''. Moscow's influence campaign followed a
Russian messaging strategy that blends covert intelligence
operation--such as cyber activity--with overt efforts by
Russian Government agencies, state-funded media, third-party
intermediaries, and paid social media users or ``trolls''.
(2) On November 24, 2016, The Washington Post reported
findings from 2 teams of independent researchers that
concluded Russians ``exploited American-made technology
platforms to attack U.S. democracy at a particularly
vulnerable moment . . . as part of a broadly effective
strategy of sowing distrust in U.S. democracy and its
leaders.''.
(3) Findings from a 2017 study on the manipulation of
public opinion through social media conducted by the
Computational Propaganda Research Project at the Oxford
Internet Institute found that the Kremlin is using pro-
Russian bots to manipulate public discourse to a highly
targeted audience. With a sample of nearly 1,300,000 tweets,
researchers found that in the 2016 election's 3 decisive
States, propaganda constituted 40 percent of the sampled
election-related tweets that went to Pennsylvanians, 34
percent to Michigan voters, and 30 percent to those in
Wisconsin. In other swing States, the figure reached 42
percent in Missouri, 41 percent in Florida, 40 percent in
North Carolina, 38 percent in Colorado, and 35 percent in
Ohio.
(4) On September 6, 2017, the nation's largest social media
platform disclosed that between June 2015 and May 2017,
Russian entities purchased $100,000 in political
advertisements, publishing roughly 3,000 ads linked to fake
accounts associated with the Internet Research Agency, a pro-
Kremlin organization. According to the company, the ads
purchased focused ``on amplifying divisive social and
political messages . . .''.
(5) In 2002, the Bipartisan Campaign Reform Act became law,
establishing disclosure requirements for political
advertisements distributed from a television or radio
broadcast station or provider of cable or satellite
television. In 2003, the Supreme Court upheld regulations on
electioneering communications established under the Act,
noting that such requirements ``provide the electorate with
information and insure that the voters are fully informed
about the person or group who is speaking.''.
(6) According to a study from Borrell Associates, in 2016,
$1,415,000,000 was spent on online advertising, more than
quadruple the amount in 2012.
(7) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
210,000,000 Americans users--over 160,000,000 of them on a
daily basis. By contrast, the largest cable television
provider has 22,430,000 subscribers, while the largest
satellite television provider has 21,000,000 subscribers. And
the most-watched television broadcast in United States
history had 118,000,000 viewers.
(8) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents; this creates
strong disincentives for a candidate to disseminate
materially false, inflammatory, or contradictory messages to
the public. Social media platforms, in contrast, can target
portions of the electorate with direct, ephemeral
advertisements often on the basis of private information the
platform has on individuals, enabling political
advertisements that are contradictory, racially or socially
inflammatory, or materially false.
(9) According to comScore, 2 companies own 8 of the 10 most
popular smartphone applications as of June 2017, including
the most popular social media and email services--which
deliver information and news to users without requiring
proactivity by the user. Those same 2 companies accounted for
99 percent of revenue growth from digital advertising in
2016, including 77 percent of gross spending. 79 percent of
online Americans--representing 68 percent of all Americans--
use the single largest social network, while 66 percent of
these users are most likely to get their news from that site.
(10) In its 2006 rulemaking, the Federal Election
Commission noted that only 18 percent of all Americans cited
the internet as their leading source of news about the 2004
Presidential election; by contrast, the Pew Research Center
found that 65 percent of Americans identified an internet-
based source as their leading source of information for the
2016 election.
(11) The Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process by providing transparency
and administering campaign finance laws, has failed to take
action to address online political advertisements.
(12) In testimony before the Senate Select Committee on
Intelligence titled, ``Disinformation: A Primer in Russian
Active Measures and Influence Campaigns'', multiple expert
witnesses testified that while the disinformation tactics of
foreign adversaries have not necessarily changed, social
media services now provide ``platform[s] practically purpose-
built for active measures[.]'' Similarly, as Gen. Keith B.
Alexander (RET.), the former Director of the National
Security Agency, testified, during the Cold War ``if the
Soviet Union sought to manipulate information flow, it would
have to do so principally through its own propaganda outlets
or through active measures that would generate specific news:
planting of leaflets, inciting of violence, creation of other
false materials and narratives. But the news itself was hard
to manipulate because it would have required actual control
of the organs of media, which took long-term efforts to
penetrate. Today, however, because the clear majority of the
information on social media sites is uncurated and there is a
rapid proliferation of information sources and other sites
that can reinforce information, there is an increasing
likelihood that the information available to average
consumers may be inaccurate (whether intentionally or
otherwise) and may be more easily manipulable than in prior
eras.''.
(13) Current regulations on political advertisements do not
provide sufficient transparency to uphold the public's right
to be fully informed about political advertisements made
online.
SEC. 4204. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online
platforms in the lives of Americans, requires the Congress
and the Federal Election Commission to take meaningful action
to ensure that laws and regulations provide the
accountability and transparency that is fundamental to our
democracy;.
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements in order to
make informed political choices and hold elected officials
accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including
the prohibition on campaign spending by foreign nationals.
SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))
is amended by striking ``or satellite communication'' and
inserting ``satellite, paid internet, or paid digital
communication''.
(b) Treatment of Contributions and Expenditures.--Section
301 of such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station or any
print, online, or digital newspaper, magazine, blog,
publication, or periodical, unless such broadcasting, print,
online, or digital facilities are owned or controlled by any
political party, political committee, or candidate;''; and
[[Page H2450]]
(B) in clause (iv), by striking ``on broadcasting stations,
or in newspapers, magazines, or similar types of general
public political advertising'' and inserting ``in any public
communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a)
of section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``financing any
public communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``solicits any
contribution through any public communication''.
SEC. 4206. EXPANSION OF DEFINITION OF ELECTIONEERING
COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section 304(f)(3) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ``or satellite
communication'' each place it appears in clauses (i) and (ii)
and inserting ``satellite, or qualified internet or digital
communication''.
(B) Qualified internet or digital communication.--Paragraph
(3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is
amended by adding at the end the following new subparagraph:
``(D) Qualified internet or digital communication.--The
term `qualified internet or digital communication' means any
communication which is placed or promoted for a fee on an
online platform (as defined in subsection (j)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station or any online or digital
newspaper, magazine, blog, publication, or periodical, unless
such broadcasting, online, or digital facilities are owned or
controlled by any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to communications made on or after
January 1, 2020.
SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection
(a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make
a statement in a clear and conspicuous manner if it is
difficult to read or hear or if the placement is easily
overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated
through a medium in which the provision of all of the
information specified in this section is not possible, the
communication shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the information
required under this section with minimal effort and without
receiving or viewing any additional material other than such
required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the communication; and
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible
and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(i) is included at either the beginning or the end of the
communication; and
``(ii) is made both in--
``(I) a written format that meets the requirements of
subparagraph (A) and appears for at least 4 seconds; and
``(II) an audible format that meets the requirements of
subparagraph (B).
``(D) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in subparagraph (A),
(B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11,
Code of Federal Regulations, or any successor to such rules,
shall have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C.
30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through radio'' and
inserting ``which is in an audio format''; and
(B) by striking ``By radio'' in the heading and inserting
``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through television''
and inserting ``which is in video format''; and
(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or television''
and inserting ``made in audio or video format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.
SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE
PLATFORMS.
(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding
at the end the following new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--An online
platform shall maintain, and make available for online public
inspection in machine readable format, a complete record of
any request to purchase on such online platform a qualified
political advertisement which is made by a person whose
aggregate requests to purchase qualified political
advertisements on such online platform during the calendar
year exceeds $500.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political advertisement on
an online platform shall provide the online platform with
such information as is necessary for the online platform to
comply with the requirements of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the advertisement
is first displayed and last displayed; and
``(C) information regarding--
``(i) the average rate charged for the advertisement;
``(ii) the name of the candidate to which the advertisement
refers and the office to which the candidate is seeking
election, the election to which the advertisement refers, or
the national legislative issue to which the advertisement
refers (as applicable);
``(iii) in the case of a request made by, or on behalf of,
a candidate, the name of the candidate, the authorized
committee of the candidate, and the treasurer of such
committee; and
``(iv) in the case of any request not described in clause
(iii), the name of the person purchasing the advertisement,
the name and address of a contact person for such person, and
a list of the chief executive officers or members of the
executive committee or of the board of directors of such
person.
``(3) Online platform.--For purposes of this subsection,
the term `online platform' means any public-facing website,
web application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United States
visitors or users for a majority of months during the
preceding 12 months.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any political
matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be
[[Page H2451]]
made available as soon as possible and shall be retained by
the online platform for a period of not less than 4 years.
``(6) Safe harbor for platforms making best efforts to
identify requests which are subject to record maintenance
requirements.--In accordance with rules established by the
Commission, if an online platform shows that the platform
used best efforts to determine whether or not a request to
purchase a qualified political advertisement was subject to
the requirements of this subsection, the online platform
shall not be considered to be in violation of such
requirements.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with
the requirements of this subsection, see section 309.''.
(b) Rulemaking.--Not later than 120 days after the date of
the enactment of this Act, the Federal Election Commission
shall establish rules--
(1) requiring common data formats for the record required
to be maintained under section 304(j) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date; and
(3) establishing the criteria for the safe harbor exception
provided under paragraph (6) of section 304(j) of such Act
(as added by subsection (a)).
(c) Reporting.--Not later than 2 years after the date of
the enactment of this Act, and biannually thereafter, the
Chairman of the Federal Election Commission shall submit a
report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(j) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES,
INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN
NATIONALS IN THE FORM OF ONLINE ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121), as amended by section 4101(a)(2) and
section 4101(b), is further amended by adding at the end the
following new subsection:
``(e) Responsibilities of Broadcast Stations, Providers of
Cable and Satellite Television, and Online Platforms.--Each
television or radio broadcast station, provider of cable or
satellite television, or online platform (as defined in
section 304(j)(3)) shall make reasonable efforts to ensure
that communications described in section 318(a) and made
available by such station, provider, or platform are not
purchased by a foreign national, directly or indirectly.''.
Subtitle D--Stand By Every Ad
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Stand By Every Ad
Act''.
SEC. 4302. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain
Communications.--Section 318 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30120), as amended by section
4207(b)(1), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Expanded Disclaimer Requirements for Communications
Not Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including
an Internet or digital communication), or which is an
Internet or digital communication transmitted in a text or
graphic format, shall include, in addition to the
requirements of paragraph (3) of subsection (a), the
following:
``(A) The individual disclosure statement described in
paragraph (2)(A) (if the person paying for the communication
is an individual) or the organizational disclosure statement
described in paragraph (2)(B) (if the person paying for the
communication is not an individual).
``(B) If the communication is transmitted in a video
format, or is an Internet or digital communication which is
transmitted in a text or graphic format, and is paid for in
whole or in part with a payment which is treated as a
campaign-related disbursement under section 324--
``(i) the Top Five Funders list (if applicable); or
``(ii) in the case of a communication which, as determined
on the basis of criteria established in regulations issued by
the Commission, is of such short duration that including the
Top Five Funders list in the communication would constitute a
hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the
communication to consist of the Top Five Funders list, the
name of a website which contains the Top Five Funders list
(if applicable) or, in the case of an Internet or digital
communication, a hyperlink to such website.
``(C) If the communication is transmitted in an audio
format and is paid for in whole or in part with a payment
which is treated as a campaign-related disbursement under
section 324--
``(i) the Top Two Funders list (if applicable); or
``(ii) in the case of a communication which, as determined
on the basis of criteria established in regulations issued by
the Commission, is of such short duration that including the
Top Two Funders list in the communication would constitute a
hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the
communication to consist of the Top Two Funders list, the
name of a website which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The individual
disclosure statement described in this subparagraph is the
following: `I am ________, and I approve this message.', with
the blank filled in with the name of the applicable
individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the ________
of ________, and ________ approves this message.', with--
``(i) the first blank to be filled in with the name of the
applicable individual;
``(ii) the second blank to be filled in with the title of
the applicable individual; and
``(iii) the third and fourth blank each to be filled in
with the name of the organization or other person paying for
the communication.
``(3) Method of conveyance of statement.--
``(A) Communications in text or graphic format.--In the
case of a communication to which this subsection applies
which is transmitted in a text or graphic format, the
disclosure statements required under paragraph (1) shall
appear in letters at least as large as the majority of the
text in the communication.
``(B) Communications transmitted in audio format.--In the
case of a communication to which this subsection applies
which is transmitted in an audio format, the disclosure
statements required under paragraph (1) shall be made by
audio by the applicable individual in a clear and conspicuous
manner.
``(C) Communications transmitted in video format.--In the
case of a communication to which this subsection applies
which is transmitted in a video format, the information
required under paragraph (1)--
``(i) shall appear in writing at the end of the
communication or in a crawl along the bottom of the
communication in a clear and conspicuous manner, with a
reasonable degree of color contrast between the background
and the printed statement, for a period of at least 6
seconds; and
``(ii) shall also be conveyed by an unobscured, full-screen
view of the applicable individual or by the applicable
individual making the statement in voice-over accompanied by
a clearly identifiable photograph or similar image of the
individual, except in the case of a Top Five Funders list.
``(4) Applicable individual defined.--The term `applicable
individual' means, with respect to a communication to which
this subsection applies--
``(A) if the communication is paid for by an individual,
the individual involved;
``(B) if the communication is paid for by a corporation,
the chief executive officer of the corporation (or, if the
corporation does not have a chief executive officer, the
highest ranking official of the corporation);
``(C) if the communication is paid for by a labor
organization, the highest ranking officer of the labor
organization; and
``(D) if the communication is paid for by any other person,
the highest ranking official of such person.
``(5) Top five funders list and top two funders list
defined.--
``(A) Top five funders list.--The term `Top Five Funders
list' means, with respect to a communication which is paid
for in whole or in part with a campaign-related disbursement
(as defined in section 324), a list of the five persons who,
during the 12-month period ending on the date of the
disbursement, provided the largest payments of any type in an
aggregate amount equal to or exceeding $10,000 to the person
who is paying for the communication and the amount of the
payments each such person provided. If two or more people
provided the fifth largest of such payments, the person
paying for the communication shall select one of those
persons to be included on the Top Five Funders list.
``(B) Top two funders list.--The term `Top Two Funders
list' means, with respect to a communication which is paid
for in whole or in part with a campaign-related disbursement
(as defined in section 324), a list of the persons who,
during the 12-month period ending on the date of the
disbursement, provided the largest and the second largest
payments of any type in an aggregate amount equal to or
exceeding $10,000 to the person who is paying for the
communication and the amount of the payments each such person
provided. If two or more persons provided the second largest
of such payments, the person paying for the communication
[[Page H2452]]
shall select one of those persons to be included on the Top
Two Funders list.
``(C) Exclusion of certain payments.--For purposes of
subparagraphs (A) and (B), in determining the amount of
payments made by a person to a person paying for a
communication, there shall be excluded the following:
``(i) Any amounts provided in the ordinary course of any
trade or business conducted by the person paying for the
communication or in the form of investments in the person
paying for the communication.
``(ii) Any payment which the person prohibited, in writing,
from being used for campaign-related disbursements, but only
if the person paying for the communication agreed to follow
the prohibition and deposited the payment in an account which
is segregated from any account used to make campaign-related
disbursements.
``(6) Special rules for certain communications.--
``(A) Exception for communications paid for by political
parties and certain political committees.--This subsection
does not apply to any communication to which subsection
(d)(2) applies.
``(B) Treatment of video communications lasting 10 seconds
or less.--In the case of a communication to which this
subsection applies which is transmitted in a video format, or
is an Internet or digital communication which is transmitted
in a text or graphic format, the communication shall meet the
following requirements:
``(i) The communication shall include the individual
disclosure statement described in paragraph (2)(A) (if the
person paying for the communication is an individual) or the
organizational disclosure statement described in paragraph
(2)(B) (if the person paying for the communication is not an
individual).
``(ii) The statement described in clause (i) shall appear
in writing at the end of the communication, or in a crawl
along the bottom of the communication, in a clear and
conspicuous manner, with a reasonable degree of color
contrast between the background and the printed statement,
for a period of at least 4 seconds.
``(iii) The communication shall include, in a clear and
conspicuous manner, a website address with a landing page
which will provide all of the information described in
paragraph (1) with respect to the communication. Such address
shall appear for the full duration of the communication.
``(iv) To the extent that the format in which the
communication is made permits the use of a hyperlink, the
communication shall include a hyperlink to the website
address described in clause (iii).''.
(b) Application of Expanded Requirements to Public
Communications Consisting of Campaign-Related
Disbursements.--Section 318(a) of such Act (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of
financing communications expressly advocating the election or
defeat of a clearly identified candidate'' and inserting
``for a campaign-related disbursement, as defined in section
324, consisting of a public communication''.
(c) Exception for Communications Paid for by Political
Parties and Certain Political Committees.--Section 318(d)(2)
of such Act (52 U.S.C. 30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A)
Any communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a communication
paid for in whole or in part during a calendar year with a
campaign-related disbursement, but only if the covered
organization making the campaign-related disbursement made
campaign-related disbursements (as defined in section 324)
aggregating more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining the
amount of campaign-related disbursements made by a covered
organization during a year, there shall be excluded the
following:
``(I) Any amounts received by the covered organization in
the ordinary course of any trade or business conducted by the
covered organization or in the form of investments in the
covered organization.
``(II) Any amounts received by the covered organization
from a person who prohibited, in writing, the organization
from using such amounts for campaign-related disbursements,
but only if the covered organization agreed to follow the
prohibition and deposited the amounts in an account which is
segregated from any account used to make campaign-related
disbursements.''.
SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE
THROUGH PRERECORDED TELEPHONE CALLS.
(a) Application of Requirements.--
(1) In general.--Section 318(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by
section 4205(c), is amended by inserting after ``public
communication'' each place it appears the following:
``(including a telephone call consisting in substantial part
of a prerecorded audio message)''.
(2) Application to communications subject to expanded
disclaimer requirements.--Section 318(e)(1) of such Act (52
U.S.C. 30120(e)(1)), as added by section 4302(a), is amended
in the matter preceding subparagraph (A) by striking ``which
is transmitted in an audio or video format'' and inserting
``which is transmitted in an audio or video format or which
consists of a telephone call consisting in substantial part
of a prerecorded audio message''.
(b) Treatment as Communication Transmitted in Audio
Format.--
(1) Communications by candidates or authorized persons.--
Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by
adding at the end the following new paragraph:
``(3) Prerecorded telephone calls.--Any communication
described in paragraph (1), (2), or (3) of subsection (a)
(other than a communication which is subject to subsection
(e)) which is a telephone call consisting in substantial part
of a prerecorded audio message shall include, in addition to
the requirements of such paragraph, the audio statement
required under subparagraph (A) of paragraph (1) or the audio
statement required under paragraph (2) (whichever is
applicable), except that the statement shall be made at the
beginning of the telephone call.''.
(2) Communications subject to expanded disclaimer
requirements.--Section 318(e)(3) of such Act (52 U.S.C.
30120(e)(3)), as added by section 4302(a), is amended by
adding at the end the following new subparagraph:
``(D) Prerecorded telephone calls.--In the case of a
communication to which this subsection applies which is a
telephone call consisting in substantial part of a
prerecorded audio message, the communication shall be
considered to be transmitted in an audio format.''.
SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER
REQUIREMENTS ON INTERNET COMMUNICATIONS.
Nothing in this subtitle or the amendments made by this
subtitle may be construed to require any person who is not
required under section 318 of the Federal Election Campaign
Act of 1971 (as provided under section 110.11 of title 11 of
the Code of Federal Regulations) to include a disclaimer on
communications made by the person through the internet to
include any disclaimer on any such communications.
SEC. 4305. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with
respect to communications made on or after January 1, 2020,
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to
carry out such amendments.
Subtitle E--Secret Money Transparency
SEC. 4401. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL
REVENUE SERVICE TO BRING TRANSPARENCY TO
POLITICAL ACTIVITY OF CERTAIN NONPROFIT
ORGANIZATIONS.
Section 124 of the Financial Services and General
Government Appropriations Act, 2019 (division D of Public Law
116-6) is hereby repealed.
SEC. 4402. REPEAL OF REVENUE PROCEDURE THAT ELIMINATED
REQUIREMENT TO REPORT INFORMATION REGARDNG
CONTRIBUTIONS TO CERTAIN TAX-EXEMPT
ORGANIZATIONS.
Revenue Procedure 2018-38 shall have no force and effect.
Subtitle F--Shareholder Right-to-Know
SEC. 4501. REPEAL OF RESTRICTION ON USE OF FUNDS BY
SECURITIES AND EXCHANGE COMMISSION TO ENSURE
SHAREHOLDERS OF CORPORATIONS HAVE KNOWLEDGE OF
CORPORATION POLITICAL ACTIVITY.
Section 629 of the Financial Services and General
Government Appropriations Act, 2019 (division D of Public Law
116-6) is hereby repealed.
Subtitle G--Disclosure of Political Spending by Government Contractors
SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE
DISCLOSURE OF POLITICAL SPENDING BY GOVERNMENT
CONTRACTORS.
Section 735 of the Financial Services and General
Government Appropriations Act, 2019 (division D of Public Law
116-6) is hereby repealed.
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
SEC. 4701. SHORT TITLE.
This subtitle may be cited as the ``Presidential Inaugural
Committee Oversight Act''.
SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS
TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.) is amended by adding at the end the following new
section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a donation from a
person that is not an individual; or
``(ii) to solicit, accept, or receive a donation from a
foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural Committee in the
name of another person, or
[[Page H2453]]
to knowingly authorize his or her name to be used to effect
such a donation;
``(ii) to knowingly accept a donation to an Inaugural
Committee made by a person in the name of another person; or
``(iii) to convert a donation to an Inaugural Committee to
personal use as described in paragraph (2); and
``(C) for a foreign national to, directly or indirectly,
make a donation, or make an express or implied promise to
make a donation, to an Inaugural Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to
be converted to personal use if any part of the donated
amount is used to fulfill a commitment, obligation, or
expense of a person that would exist irrespective of the
responsibilities of the Inaugural Committee under chapter 5
of title 36, United States Code.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2024), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall file with
the Commission a report disclosing any donation by an
individual to the committee in an amount of $1,000 or more
not later than 24 hours after the receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the individual making the
donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony,
the Inaugural Committee shall file with the Commission a
report containing the following information:
``(A) For each donation of money or anything of value made
to the committee in an aggregate amount equal to or greater
than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the individual making the
donation.
``(B) The total amount of all disbursements, and all
disbursements in the following categories:
``(i) Disbursements made to meet committee operating
expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an aggregate amount or
value in excess of $200 is made by the committee to meet a
committee operating expense, together with date, amount, and
purpose of such operating expense;
``(ii) who receives a loan repayment from the committee,
together with the date and amount of such loan repayment;
``(iii) who receives a donation refund or other offset to
donations from the committee, together with the date and
amount of such disbursement; and
``(iv) to whom any other disbursement in an aggregate
amount or value in excess of $200 is made by the committee,
together with the date and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan, advance, or deposit of
money or anything of value made by any person to the
committee; or
``(ii) the payment by any person of compensation for the
personal services of another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the value of
services provided without compensation by any individual who
volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given
that term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.''.
(b) Confirming Amendment Related to Reporting
Requirements.--Section 304 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--
Section 510 of title 36, United States Code, is amended to
read as follows:
``Sec. 510. Disclosure of and prohibition on certain
donations
``A committee shall not be considered to be the Inaugural
Committee for purposes of this chapter unless the committee
agrees to, and meets, the requirements of section 325 of the
Federal Election Campaign Act of 1971.''.
(d) Effective Date.--The amendments made by this Act shall
apply with respect to Inaugural Committees established under
chapter 5 of title 36, United States Code, for inaugurations
held in 2021 and any succeeding year.
Subtitle I--Severability
SEC. 4801. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent funds
after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating
candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 5114. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
[[Page H2454]]
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.
Subtitle E--Severability
Sec. 5401. Severability.
Subtitle A--Findings Relating to Citizens United Decision
SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION.
Congress finds the following:
(1) The American Republic was founded on the principle that
all people are created equal, with rights and
responsibilities as citizens to vote, be represented, speak,
debate, and participate in self-government on equal terms
regardless of wealth. To secure these rights and
responsibilities, our Constitution not only protects the
equal rights of all Americans but also provides checks and
balances to prevent corruption and prevent concentrated power
and wealth from undermining effective self-government.
(2) The Supreme Court's decisions in Citizens United v.
Federal Election Commission, 558 U.S. 310 (2010) and
McCutcheon v. FEC, 572 U.S. 185 (2014), as well as other
court decisions, erroneously invalidated even-handed rules
about the spending of money in local, State, and Federal
elections. These flawed decisions have empowered large
corporations, extremely wealthy individuals, and special
interests to dominate election spending, corrupt our
politics, and degrade our democracy through tidal waves of
unlimited and anonymous spending. These decisions also stand
in contrast to a long history of efforts by Congress and the
States to regulate money in politics to protect democracy,
and they illustrate a troubling deregulatory trend in
campaign finance-related court decisions. Additionally, an
unknown amount of foreign money continues to be spent in our
political system as subsidiaries of foreign-based
corporations and hostile foreign actors sometimes connected
to nation-States work to influence our elections.
(3) The Supreme Court's misinterpretation of the
Constitution to empower monied interests at the expense of
the American people in elections has seriously eroded over
100 years of congressional action to promote fairness and
protect elections from the toxic influence of money.
(4) In 1907, Congress passed the Tillman Act in response to
the concentration of corporate power in the post-Civil War
Gilded Age. The Act prohibited corporations from making
contributions in connection with Federal elections, aiming
``not merely to prevent the subversion of the integrity of
the electoral process [but] . . . to sustain the active,
alert responsibility of the individual citizen in a democracy
for the wise conduct of government''.
(5) By 1910, Congress began passing disclosure requirements
and campaign expenditure limits, and dozens of States passed
corrupt practices Acts to prohibit corporate spending in
elections. States also enacted campaign spending limits, and
some States limited the amount that people could contribute
to campaigns.
(6) In 1947, the Taft-Hartley Act prohibited corporations
and unions from making campaign contributions or other
expenditures to influence elections. In 1962, a Presidential
commission on election spending recommended spending limits
and incentives to increase small contributions from more
people.
(7) The Federal Election Campaign Act of 1971 (FECA), as
amended in 1974, required disclosure of contributions and
expenditures, imposed contribution and expenditure limits for
individuals and groups, set spending limits for campaigns,
candidates, and groups, implemented a public funding system
for Presidential campaigns, and created the Federal Election
Commission to oversee and enforce the new rules.
(8) In the wake of Citizens United and other damaging
Federal court decisions, Americans have witnessed an
explosion of outside spending in elections. Outside spending
increased nearly 900 percent between the 2008 and 2016
Presidential election years. Indeed, the 2018 elections once
again made clear the overwhelming political power of wealthy
special interests, to the tune of over $5,000,000,000. And as
political entities adapt to a post- Citizens United, post-
McCutcheon landscape, these trends are getting worse, as
evidenced by the experience in the 2018 midterm congressional
elections, where outside spending more than doubled from the
previous midterm cycle.
(9) The torrent of money flowing into our political system
has a profound effect on the democratic process for everyday
Americans, whose voices and policy preferences are
increasingly being drowned out by those of wealthy special
interests. The more campaign cash from wealthy special
interests can flood our elections, the more policies that
favor those interests are reflected in the national political
agenda. When it comes to policy preferences, our Nation's
wealthiest tend to have fundamentally different views than do
average Americans when it comes to issues ranging from
unemployment benefits to the minimum wage to health care
coverage.
(10) The Court has tied the hands of Congress and the
States, severely restricting them from setting reasonable
limits on campaign spending. For example, the Court has held
that only the Government's interest in preventing quid pro
quo corruption, like bribery, or the appearance of such
corruption, can justify limits on campaign contributions.
More broadly, the Court has severely curtailed attempts to
reduce the ability of the Nation's wealthiest and most
powerful to skew our democracy in their favor by buying
outsized influence in our elections. Because this distortion
of the Constitution has prevented truly meaningful regulation
or reform of the way we finance elections in America, a
constitutional amendment is needed to achieve a democracy for
all the people.
(11) Since the landmark Citizens United decision, 19 States
and nearly 800 municipalities, including large cities like
New York, Los Angeles, Chicago, and Philadelphia, have gone
on record supporting a constitutional amendment. Transcending
political leanings and geographic location, voters in States
and municipalities across the country that have placed
amendment questions on the ballot have routinely supported
these initiatives by considerably large margins.
(12) At the same time millions of Americans have signed
petitions, marched, called their Members of Congress, written
letters to the editor, and otherwise demonstrated their
public support for a constitutional amendment to overturn
Citizens United that will allow Congress to reign in the
outsized influence of unchecked money in politics. Dozens of
organizations, representing tens of millions of individuals,
have come together in a shared strategy of supporting such an
amendment.
(13) In order to protect the integrity of democracy and the
electoral process and to ensure political equality for all,
the Constitution should be amended so that Congress and the
States may regulate and set limits on the raising and
spending of money to influence elections and may distinguish
between natural persons and artificial entities, like
corporations, that are created by law, including by
prohibiting such artificial entities from spending money to
influence elections.
Subtitle B--Congressional Elections
SEC. 5100. SHORT TITLE.
This subtitle may be cited as the ``Government By the
People Act of 2019''.
PART 1--MY VOICE VOUCHER PILOT PROGRAM
SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Federal Election Commission
(hereafter in this part referred to as the ``Commission'')
shall establish a pilot program under which the Commission
shall select 3 eligible States to operate a voucher pilot
program which is described in section 5102 during the program
operation period.
(b) Eligibility of States.--A State is eligible to be
selected to operate a voucher pilot program under this part
if, not later than 180 days after the beginning of the
program application period, the State submits to the
Commission an application containing--
(1) information and assurances that the State will operate
a voucher program which contains the elements described in
section 5102(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
5102(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program
as described in section 5102(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
5102(d);
(5) information and assurances that the State will submit
reports as required under section 5103; and
(6) such other information and assurances as the Commission
may require.
(c) Selection of Participating States.--
(1) In general.--Not later than 1 year after the beginning
of the program application period, the Commission shall
select the 3 States which will operate voucher pilot programs
under this part.
(2) Criteria.--In selecting States for the operation of the
voucher pilot programs under this part, the Commission shall
apply such criteria and metrics as the Commission considers
appropriate to determine the ability of a State to operate
the program successfully, and shall attempt to select States
in a variety of geographic regions and with a variety of
political party preferences.
(3) No supermajority required for selection.--The selection
of States by the Commission under this subsection shall
require the approval of only half of the Members of the
Commission.
(d) Duties of States During Program Preparation Period.--
During the program preparation period, each State selected to
operate a voucher pilot program under this part shall take
such actions as may be necessary to ensure that the State
will be ready to operate the program during the program
operation period, and shall complete such actions not later
than 90 days before the beginning of the program operation
period.
(e) Termination.--Each voucher pilot program under this
part shall terminate as of
[[Page H2455]]
the first day after the program operation period.
(f) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 5103(a) with respect to an election
cycle, the Commission shall transmit a payment to the State
in an amount equal to the reasonable costs incurred by the
State in operating the voucher pilot program under this part
during the cycle.
(2) Source of funds.--Payments to States under the program
shall be made using amounts in the Freedom From Influence
Fund under section 541 of the Federal Election Campaign Act
of 1971 (as added by section 5111), hereafter referred to as
the ``Fund''.
(3) Mandatory reduction of payments in case of insufficient
amounts in freedom from influence fund.--
(A) Advance audits by commission.--Not later than 90 days
before the first day of each program operation period, the
Commission shall--
(i) audit the Fund to determine whether, after first making
payments to participating candidates under title V of the
Federal Election Campaign Act of 1971 (as added by section
5111), the amounts remaining in the Fund will be sufficient
to make payments to States under this part in the amounts
provided under this subsection; and
(ii) submit a report to Congress describing the results of
the audit.
(B) Reductions in amount of payments.--
(i) Automatic reduction on pro rata basis.--If, on the
basis of the audit described in subparagraph (A), the
Commission determines that the amount anticipated to be
available in the Fund with respect to an election cycle
involved is not, or may not be, sufficient to make payments
to States under this part in the full amount provided under
this subsection, the Commission shall reduce each amount
which would otherwise be paid to a State under this
subsection by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments anticipated to
be made with respect to the cycle will not exceed the amount
anticipated to be available for such payments in the Fund
with respect to such cycle.
(ii) Restoration of reductions in case of availability of
sufficient funds during election cycle.--If, after reducing
the amounts paid to States with respect to an election cycle
under clause (i), the Commission determines that there are
sufficient amounts in the Fund to restore the amount by which
such payments were reduced (or any portion thereof), to the
extent that such amounts are available, the Commission may
make a payment on a pro rata basis to each such State with
respect to the cycle in the amount by which such State's
payments were reduced under clause (i) (or any portion
thereof, as the case may be).
(iii) No use of amounts from other sources.--In any case in
which the Commission determines that there are insufficient
moneys in the Fund to make payments to States under this
part, moneys shall not be made available from any other
source for the purpose of making such payments.
(4) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to any program
operation period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this
paragraph with respect to the program operation period
involved is not, or may not be, sufficient to cover the
reasonable costs incurred by the State in operating the
program under this part for such period, the State shall
reduce the amount of the voucher provided to each qualified
individual by such pro rata amount as may be necessary to
ensure that the reasonable costs incurred by the State in
operating the program will not exceed the amount paid to the
State with respect to such period.
SEC. 5102. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
program operated by a State under this part are as follows:
(A) The State shall provide each qualified individual upon
the individual's request with a voucher worth $25 to be known
as a ``My Voice Voucher'' during the election cycle which
will be assigned a routing number and which at the option of
the individual will be provided in either paper or electronic
form.
(B) Using the routing number assigned to the My Voice
Voucher, the individual may submit the My Voice Voucher in
either electronic or paper form to qualified candidates for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress and allocate such
portion of the value of the My Voice Voucher in increments of
$5 as the individual may select to any such candidate.
(C) If the candidate transmits the My Voice Voucher to the
Commission, the Commission shall pay the candidate the
portion of the value of the My Voice Voucher that the
individual allocated to the candidate, which shall be
considered a contribution by the individual to the candidate
for purposes of the Federal Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to
a State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual submits a
My Voice Voucher; and
(C) who is not prohibited under Federal law from making
contributions to candidates for election for Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission
of a My Voice Voucher to a candidate by an individual shall
be treated as a contribution to the candidate by the
individual in the amount of the portion of the value of the
Voucher that the individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the
elements described in subsection (a), a State operating a
voucher pilot program under this part shall permit an
individual to revoke a My Voice Voucher not later than 2 days
after submitting the My Voice Voucher to a candidate.
(c) Oversight Commission.--In addition to the elements
described in subsection (a), a State operating a voucher
pilot program under this part shall establish a commission or
designate an existing entity to oversee and implement the
program in the State, except that no such commission or
entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the
elements described in subsection (a), a State operating a
voucher pilot program under this part shall carry out a
public information campaign to disseminate awareness of the
program among qualified individuals.
SEC. 5103. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the
first election cycle of the program operation period, a State
which operates a voucher pilot program under this part shall
submit a report to the Commission analyzing the operation and
effectiveness of the program during the cycle and including
such other information as the Commission may require.
(b) Final Report.--Not later than 6 months after the end of
the program operation period, the State shall submit a final
report to the Commission analyzing the operation and
effectiveness of the program and including such other
information as the Commission may require.
(c) Report by Commission.--Not later than the end of the
first election cycle which begins after the program operation
period, the Commission shall submit a report to Congress
which summarizes and analyzes the results of the voucher
pilot program, and shall include in the report such
recommendations as the Commission considers appropriate
regarding the expansion of the pilot program to all States
and territories, along with such other recommendations and
other information as the Commission considers appropriate.
SEC. 5104. DEFINITIONS.
(a) Election Cycle.--In this part, the term ``election
cycle'' means the period beginning on the day after the date
of the most recent regularly scheduled general election for
Federal office and ending on the date of the next regularly
scheduled general election for Federal office.
(b) Definitions Relating to Periods.--In this part, the
following definitions apply:
(1) Program application period.--The term ``program
application period'' means the first election cycle which
begins after the date of the enactment of this Act.
(2) Program preparation period.--The term ``program
preparation period'' means the first election cycle which
begins after the program application period.
(3) Program operation period.--The term ``program operation
period'' means the first 2 election cycles which begin after
the program preparation period.
PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR
CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.) is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress is certified as a participating
candidate under this title with respect to an election for
such office, the candidate shall be entitled to payments as
provided under this title.
``(b) Amount of Payment.--The amount of a payment made
under this title shall be equal to 600 percent of the amount
of qualified small dollar contributions received by the
candidate since the most recent payment made to the candidate
under this title during the election cycle, without regard to
whether or not the candidate received any of the
contributions before, during, or after the Small Dollar
Democracy qualifying period applicable to the candidate under
section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate
amount of payments made to a participating candidate with
respect to an election cycle under this title may not exceed
50 percent of the average of the 20 greatest amounts of
disbursements made by the authorized committees of any
winning candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress during the
most recent election cycle, rounded to the nearest $100,000.
[[Page H2456]]
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Commission shall make a payment
under section 501 to a candidate who is certified as a
participating candidate upon receipt from the candidate of a
request for a payment which includes--
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since
the most recent payment made to the candidate under this
title during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the
Commission may require.
``(b) Restrictions on Submission of Requests.--A candidate
may not submit a request under subsection (a) unless each of
the following applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection
(a)(1) is equal to or greater than $5,000, unless the request
is submitted during the 30-day period which ends on the date
of a general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Commission shall, in
coordination with the Secretary of the Treasury, take such
steps as may be necessary to ensure that the Secretary is
able to make payments under this section from the Treasury
not later than 2 business days after the receipt of a request
submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``(a) Use of Funds for Authorized Campaign Expenditures.--A
candidate shall use payments made under this title, including
payments provided with respect to a previous election cycle
which are withheld from remittance to the Commission in
accordance with section 524(a)(2), only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures (as determined in
accordance with title III) in connection with the election
cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines,
or Penalties.--Notwithstanding title III, a candidate may not
use payments made under this title for the payment of
expenses incurred in connection with any action, claim, or
other matter before the Commission or before any court,
hearing officer, arbitrator, or other dispute resolution
entity, or for the payment of any fine or civil monetary
penalty.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small
dollar contribution' means, with respect to a candidate and
the authorized committees of a candidate, a contribution that
meets the following requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the contribution
to the candidate or committee by another person; or
``(ii) received by the candidate or committee with the
knowledge that the contribution was made at the request,
suggestion, or recommendation of another person.
``(B) In this paragraph--
``(i) the term `person' does not include an individual
(other than an individual described in section 304(i)(7) of
the Federal Election Campaign Act of 1971), a political
committee of a political party, or any political committee
which is not a separate segregated fund described in section
316(b) of the Federal Election Campaign Act of 1971 and which
does not make contributions or independent expenditures, does
not engage in lobbying activity under the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.), and is not established
by, controlled by, or affiliated with a registered lobbyist
under such Act, an agent of a registered lobbyist under such
Act, or an organization which retains or employs a registered
lobbyist under such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely on
the grounds that the contribution is made in response to
information provided to the individual making the
contribution by any person, so long as the candidate or
authorized committee does not know the identity of the person
who provided the information to such individual.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of My Voice Vouchers.--Any payment received
by a candidate and the authorized committees of a candidate
which consists of a My Voice Voucher under the Government By
the People Act of 2019 shall be considered a qualified small
dollar contribution for purposes of this title, so long as
the individual making the payment meets the requirements of
paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a qualified
small dollar contribution to a candidate or the authorized
committees of a candidate with respect to an election may not
make any subsequent contribution to such candidate or the
authorized committees of such candidate with respect to the
election cycle which is not a qualified small dollar
contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during qualifying
period.--Subparagraph (A) does not apply with respect to a
contribution made to a candidate who, during the Small Dollar
Democracy qualifying period described in section 511(c),
submits a statement to the Commission under section 513(c) to
voluntarily withdraw from participating in the program under
this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph
(1), an individual who makes a qualified small dollar
contribution to a candidate or the authorized committees of a
candidate with respect to an election makes a subsequent
contribution to such candidate or the authorized committees
of such candidate with respect to the election which is
prohibited under paragraph (1) because it is not a qualified
small dollar contribution, the candidate may take one of the
following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a subsequent
contribution which is not a qualified small dollar
contribution because the contribution fails to meet the
requirements of paragraph (3) of subsection (a) (relating to
the aggregate amount of contributions made to the candidate
or the authorized committees of the candidate by the
individual making the contribution), the candidate may return
an amount equal to the difference between the amount of the
subsequent contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent contribution,
so long as not later than 2 weeks after receiving the
subsequent contribution, the candidate remits to the
Commission for deposit in the Freedom From Influence Fund
under section 541 an amount equal to any payments received by
the candidate under this title which are attributable to the
qualified small dollar contribution made by the individual
involved.
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection
(a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under
this title shall provide the following information in any
materials for the solicitation of contributions, including
any internet site through which individuals may make
contributions to the committee:
``(A) A statement that if the candidate is certified as a
participating candidate under this title, the candidate will
receive matching payments in an amount which is based on the
total amount of qualified small dollar contributions
received.
``(B) A statement that a contribution which meets the
requirements set forth in subsection (a) shall be treated as
a qualified small dollar contribution under this title.
``(C) A statement that if a contribution is treated as
qualified small dollar contribution under this title, the
individual who makes the contribution may not make any
contribution to the candidate or the authorized committees of
the candidate during the election cycle which is not a
qualified small dollar contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in paragraph
(1) in the receipt provided under section 512(b)(3) to a
person making a qualified small dollar contribution; or
``(B) by modifying the information it provides to persons
making contributions which is otherwise required under title
III (including information it provides through the internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress is eligible to be certified as a participating
candidate under this title with respect to an election if the
candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
[[Page H2457]]
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate
meet the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply with the
contribution and expenditure requirements of section 521;
``(B) if certified, will run only as a participating
candidate for all elections for the office that such
candidate is seeking during that election cycle; and
``(C) has either qualified or will take steps to qualify
under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a
participating candidate under this title for a general
election or a general runoff election unless the candidate's
party nominated the candidate to be placed on the ballot for
the general election or the candidate is otherwise qualified
to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--
The term `Small Dollar Democracy qualifying period' means,
with respect to any candidate for an office, the 180-day
period (during the election cycle for such office) which
begins on the date on which the candidate files a statement
of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the
date of the general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions.--A
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress meets the requirement
of this section if, during the Small Dollar Democracy
qualifying period described in section 511(c), each of the
following occurs:
``(1) Not fewer than 1,000 individuals make a qualified
small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small
Dollar Contribution.--Each qualified small dollar
contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account,
or any other method deemed appropriate by the Commission;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing the
contributor's name and address; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form)
kept by the candidate for the Commission.
``(c) Verification of Contributions.--The Commission shall
establish procedures for the auditing and verification of the
contributions received and expenditures made by participating
candidates under this title, including procedures for random
audits, to ensure that such contributions and expenditures
meet the requirements of this title.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Commission shall--
``(A) determine whether or not the candidate meets the
requirements for certification as a participating candidate;
``(B) if the Commission determines that the candidate meets
such requirements, certify the candidate as a participating
candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commission shall be deemed
to have certified the candidate as a participating candidate
with respect to all subsequent elections of the election
cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the ballot
at any time after the date of certification (other than a
candidate certified as a participating candidate with respect
to a primary election who fails to qualify to appear on the
ballot for a subsequent election in that election cycle);
``(B) a candidate ceases to be a candidate for the office
involved, as determined on the basis of an official
announcement by an authorized committee of the candidate or
on the basis of a reasonable determination by the Commission;
or
``(C) a candidate otherwise fails to comply with the
requirements of this title, including any regulatory
requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Commission shall
revoke a certification under subsection (a) if a penalty is
assessed against the candidate under section 309(d) with
respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under this
title during the remainder of the election cycle involved;
and
``(B) in the case of a candidate whose certification is
revoked pursuant to subparagraph (A) or subparagraph (C) of
paragraph (1)--
``(i) the candidate shall repay to the Freedom From
Influence Fund established under section 541 an amount equal
to the payments received under this title with respect to the
election cycle involved plus interest (at a rate determined
by the Commission on the basis of an appropriate annual
percentage rate for the month involved) on any such amount
received; and
``(ii) the candidate may not be certified as a
participating candidate under this title with respect to the
next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Commission
revokes the certification of an individual as a participating
candidate under this title pursuant to subparagraph (A) or
subparagraph (C) of paragraph (1) a total of 3 times, the
individual may not be certified as a participating candidate
under this title with respect to any subsequent election.
``(c) Voluntary Withdrawal From Participating During
Qualifying Period.--At any time during the Small Dollar
Democracy qualifying period described in section 511(c), a
candidate may withdraw from participation in the program
under this title by submitting to the Commission a statement
of withdrawal (without regard to whether or not the
Commission has certified the candidate as a participating
candidate under this title as of the time the candidate
submits such statement), so long as the candidate has not
submitted a request for payment under section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is certified under this section as eligible
to receive benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and
Expenditures.--Except as provided in subsection (c), a
participating candidate with respect to an election shall,
with respect to all elections occurring during the election
cycle for the office involved, accept no contributions from
any source and make no expenditures from any amounts, other
than the following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established
and maintained by a national or State political party,
subject to the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to
the applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate
may accept from any individual with respect to any election
during the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political
committees, subject to the applicable limitations of section
315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the
candidate) so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle occurring
prior to the candidate's certification as a participating
candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct payments
for the receipt of goods and services which constitute
authorized expenditures in connection with the election cycle
involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister, or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission for deposit in the
Freedom From Influence Fund established under section 541; or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If
[[Page H2458]]
a candidate has made expenditures prior to the date the
candidate files a statement of intent under section 511(a)(1)
that the candidate is prohibited from making under subsection
(a) or subsection (b), the candidate is not in violation of
such subsection if the aggregate amount of the prohibited
expenditures is less than the amount referred to in section
512(a)(2) (relating to the total dollar amount of qualified
small dollar contributions which the candidate is required to
obtain) which is applicable to the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous
election may be retained, but only if the candidate places
the funds in escrow and refrains from raising additional
funds for or spending funds from that account during the
election cycle in which a candidate is a participating
candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as
campaign surpluses under paragraph (3), and expenditures made
shall count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party
in coordination with a participating candidate shall not be
treated as a contribution to or as an expenditure made by the
participating candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this
title with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election
for which the candidate was not certified as a participating
candidate under this title and the candidate does not
terminate the committee, the candidate shall not be
considered to be in violation of paragraph (1) so long as
that joint fundraising committee does not receive any
contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance,
maintain, or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate
under this title and the candidate does not terminate the
leadership PAC, the candidate shall not be considered to be
in violation of paragraph (1) so long as the leadership PAC
does not receive any contributions or make any disbursements
during the election cycle for which the candidate is
certified as a participating candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted
Contributions.--Each authorized committee of a candidate
certified as a participating candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title shall
elect, in accordance with section 304(b)(3)(A), to include in
the reports the committee submits under section 304 the
identification of each person who makes a qualified small
dollar contribution to the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on
the internet (whether through a site established for purposes
of this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically
with the Commission) in a searchable, sortable, and
downloadable manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An
authorized committee of a candidate certified as a
participating candidate under this title may not make any
expenditure of any payments received under this title in any
amount unless the committee has made an expenditure in an
equivalent amount of funds received by the committee which
are described in paragraphs (1), (3), (4), (5), and (6) of
section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in
such subsection are available to the committee at the time
the committee makes an expenditure of a payment received
under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--Not later than the date that is
180 days after the last election for which a candidate
certified as a participating candidate qualifies to be on the
ballot during the election cycle involved, such participating
candidate shall remit to the Commission for deposit in the
Freedom From Influence Fund established under section 541 an
amount equal to the balance of the payments received under
this title by the authorized committees of the candidate
which remain unexpended as of such date.
``(b) Permitting Candidates Participating in Next Election
Cycle to Retain Portion of Unspent Funds.--Notwithstanding
subsection (a), a participating candidate may withhold not
more than $100,000 from the amount required to be remitted
under subsection (a) if the candidate files a signed
affidavit with the Commission that the candidate will seek
certification as a participating candidate with respect to
the next election cycle, except that the candidate may not
use any portion of the amount withheld until the candidate is
certified as a participating candidate with respect to that
next election cycle. If the candidate fails to seek
certification as a participating candidate prior to the last
day of the Small Dollar Democracy qualifying period for the
next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's
determination does not meet the requirements for
certification as a participating candidate with respect to
such cycle, the candidate shall immediately remit to the
Commission the amount withheld.
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Commission shall make an
additional payment to an eligible candidate under this
subtitle.
``(b) Use of Funds.--A candidate shall use the additional
payment under this subtitle only for authorized expenditures
in connection with the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an
additional payment under this subtitle if the candidate meets
each of the following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Commission a request for the payment
which includes--
``(A) a statement of the number and amount of qualified
small dollar contributions received by the candidate during
the enhanced support qualifying period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
and
``(C) such other information and assurances as the
Commission may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In
this subtitle, the term `enhanced support qualifying period'
means, with respect to a general election, the period which
begins 60 days before the date of the election and ends 14
days before the date of the election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of
the additional payment made to an eligible candidate under
this subtitle shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the
request submitted by the candidate under section 532(a)(4));
or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate
has reached the limit on the aggregate amount of payments
under subtitle A for the election cycle under section 501(c),
the amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment
determined under subsection (a) with respect to a candidate
may not exceed $500,000.
[[Page H2459]]
``(c) No Effect on Aggregate Limit.--The amount of the
additional payment made to a candidate under this subtitle
shall not be included in determining the aggregate amount of
payments made to a participating candidate with respect to an
election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT
FUNDS AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who
receives an additional payment under this subtitle with
respect to an election is not permitted to withhold any
portion from the amount of unspent funds the candidate is
required to remit to the Commission under section 524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury
a fund to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Assessments against fines, settlements, and
penalties.--Amounts transferred under section 3015 of title
18, United States Code, section 9707 of title 31, United
States Code, and section 6761 of the Internal Revenue Code of
1986.
``(2) Deposits.--Amounts deposited into the Fund under--
``(A) section 521(c)(1)(B) (relating to exceptions to
contribution requirements);
``(B) section 523 (relating to remittance of unused
payments from the Fund); and
``(C) section 544 (relating to violations).
``(3) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of
the Fund in obligations of the United States in the same
manner as provided under section 9602(b) of the Internal
Revenue Code of 1986.
``(d) Use of Fund to Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--Amounts in the
Fund shall be available without further appropriation or
fiscal year limitation to make payments to participating
candidates as provided in this title.
``(2) Mandatory reduction of payments in case of
insufficient amounts in fund.--
``(A) Advance audits by commission.--Not later than 90 days
before the first day of each election cycle (beginning with
the first election cycle that begins after the date of the
enactment of this title), the Commission shall--
``(i) audit the Fund to determine whether the amounts in
the Fund will be sufficient to make payments to participating
candidates in the amounts provided in this title during such
election cycle; and
``(ii) submit a report to Congress describing the results
of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata basis.--If, on the
basis of the audit described in subparagraph (A), the
Commission determines that the amount anticipated to be
available in the Fund with respect to the election cycle
involved is not, or may not be, sufficient to satisfy the
full entitlements of participating candidates to payments
under this title for such election cycle, the Commission
shall reduce each amount which would otherwise be paid to a
participating candidate under this title by such pro rata
amount as may be necessary to ensure that the aggregate
amount of payments anticipated to be made with respect to the
election cycle will not exceed the amount anticipated to be
available for such payments in the Fund with respect to such
election cycle.
``(ii) Restoration of reductions in case of availability of
sufficient funds during election cycle.--If, after reducing
the amounts paid to participating candidates with respect to
an election cycle under clause (i), the Commission determines
that there are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any portion
thereof), to the extent that such amounts are available, the
Commission may make a payment on a pro rata basis to each
such participating candidate with respect to the election
cycle in the amount by which such candidate's payments were
reduced under clause (i) (or any portion thereof, as the case
may be).
``(iii) No use of amounts from other sources.--In any case
in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
participating candidates under this title, moneys shall not
be made available from any other source for the purpose of
making such payments.
``(e) Use of Fund to Make Other Payments.--In addition to
the use described in subsection (d), amounts in the Fund
shall be available without further appropriation or fiscal
year limitation--
``(1) to make payments to States under the My Voice Voucher
Program under the Government By the People Act of 2019,
subject to reductions under section 5101(f)(3) of such Act;
``(2) to make payments to candidates under chapter 95 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9013(b) of such Code; and
``(3) to make payments to candidates under chapter 96 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9043(b) of such Code.
``(f) Effective Date.--This section shall take effect on
the date of the enactment of this title.
``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY
OFFICE.
``(a) Review of Small Dollar Financing.--
``(1) In general.--After each regularly scheduled general
election for Federal office, the Comptroller General of the
United States shall conduct a comprehensive review of the
Small Dollar financing program under this title, including--
``(A) the maximum and minimum dollar amounts of qualified
small dollar contributions under section 504;
``(B) the number and value of qualified small dollar
contributions a candidate is required to obtain under section
512(a) to be eligible for certification as a participating
candidate;
``(C) the maximum amount of payments a candidate may
receive under this title;
``(D) the overall satisfaction of participating candidates
and the American public with the program; and
``(E) such other matters relating to financing of campaigns
as the Comptroller General determines are appropriate.
``(2) Criteria for review.--In conducting the review under
subparagraph (A), the Comptroller General shall consider the
following:
``(A) Qualified small dollar contributions.--Whether the
number and dollar amounts of qualified small dollar
contributions required strikes an appropriate balance
regarding the importance of voter involvement, the need to
assure adequate incentives for participating, and fiscal
responsibility, taking into consideration the number of
primary and general election participating candidates, the
electoral performance of those candidates, program cost, and
any other information the Comptroller General determines is
appropriate.
``(B) Review of payment levels.--Whether the totality of
the amount of funds allowed to be raised by participating
candidates (including through qualified small dollar
contributions) and payments under this title are sufficient
for voters in each State to learn about the candidates to
cast an informed vote, taking into account the historic
amount of spending by winning candidates, media costs,
primary election dates, and any other information the
Comptroller General determines is appropriate.
``(3) Recommendations for adjustment of amounts.--Based on
the review conducted under subparagraph (A), the Comptroller
General may recommend to Congress adjustments of the
following amounts:
``(A) The number and value of qualified small dollar
contributions a candidate is required to obtain under section
512(a) to be eligible for certification as a participating
candidate.
``(B) The maximum amount of payments a candidate may
receive under this title.
``(b) Reports.--Not later than each June 1 which follows a
regularly scheduled general election for Federal office for
which payments were made under this title, the Comptroller
General shall submit to the Committee on House Administration
of the House of Representatives a report--
``(1) containing an analysis of the review conducted under
subsection (a), including a detailed statement of Comptroller
General's findings, conclusions, and recommendations based on
such review, including any recommendations for adjustments of
amounts described in subsection (a)(3); and
``(2) documenting, evaluating, and making recommendations
relating to the administrative implementation and enforcement
of the provisions of this title.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out the purposes of this section.
``SEC. 543. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out
the purposes of this title, including regulations to
establish procedures for--
``(1) verifying the amount of qualified small dollar
contributions with respect to a candidate;
``(2) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified small dollar
contributions;
``(3) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates; and
``(4) monitoring the use of allocations from the Freedom
From Influence Fund established under section 541 and
matching contributions under this title through audits of not
fewer than \1/10\ (or, in the case of the first 3 election
cycles during which the program under this title is in
effect, not fewer than \1/3\) of all participating candidates
or other mechanisms.
``SEC. 544. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and
Expenditure Requirements.--If a candidate who has been
certified as a participating candidate accepts a contribution
or makes an expenditure that is prohibited under section 521,
the Commission may assess a civil penalty against the
candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts
collected under this subsection shall be deposited into the
Freedom From Influence Fund established under section 541.
``(b) Repayment for Improper Use of Freedom From Influence
Fund.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds
contained in this title, the
[[Page H2460]]
Commission shall so notify the candidate and the candidate
shall pay to the Fund an amount equal to--
``(A) the amount of payments so used or not remitted, as
appropriate; and
``(B) interest on any such amounts (at a rate determined by
the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Candidates Subject to Criminal Penalty
From Qualifying as Participating Candidates.--A candidate is
not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``SEC. 545. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in
carrying out this title shall be subject to review by the
United States Court of Appeals for the District of Columbia
upon petition filed in the Court not later than 30 days after
the Commission takes the action for which the review is
sought.
``(b) Procedures.--The provisions of chapter 7 of title 5,
United States Code, apply to judicial review under this
section.
``SEC. 546. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2024, section
315(c)(1)(B) shall apply to each amount described in
subsection (b) in the same manner as such section applies to
the limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2024.
``(b) Amounts Described.--The amounts described in this
subsection are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by
a candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may
retain for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 547. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with
respect to an election for an office, the period beginning on
the day after the date of the most recent general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election) and ending
on the date of the next general election for that office (or,
if the general election resulted in a runoff election, the
date of the runoff election).''.
SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
AND POLITICAL PARTY COMMITTEES ON BEHALF OF
PARTICIPATING CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section
315(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)) is amended by adding at the end the
following new paragraph:
``(10) In the case of a multicandidate political committee
or any political committee of a political party, the
committee may make a contribution to a candidate who is a
participating candidate under title V with respect to an
election only if the contribution is paid from a separate,
segregated account of the committee which consists solely of
contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From
Small Dollar Sources by Political Parties.--Section 315(d) of
such Act (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in
the case of expenditures in connection with the general
election campaign of a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is a participating candidate under title V
with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(9); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING
CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR
ELECTION.
Section 313 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30114) is amended by adding at the end the
following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph
(2), (3), or (4) of subsection (a), if a candidate for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress is certified as a
participating candidate under title V with respect to the
election, any contribution which the candidate is permitted
to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for
such office, subject to section 503(b).''.
SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES.
(a) Assessments Relating to Criminal Offenses.--
(1) In general.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3015. Special assessments for Freedom From Influence
Fund
``(a) Assessments.--
``(1) Convictions of crimes.--In addition to any assessment
imposed under this chapter, the court shall assess on any
organizational defendant or any defendant who is a corporate
officer or person with equivalent authority in any other
organization who is convicted of a criminal offense under
Federal law an amount equal to 2.75 percent of any fine
imposed on that defendant in the sentence imposed for that
conviction.
``(2) Settlements.--The court shall assess on any
organizational defendant or defendant who is a corporate
officer or person with equivalent authority in any other
organization who has entered into a settlement agreement or
consent decree with the United States in satisfaction of any
allegation that the defendant committed a criminal offense
under Federal law an amount equal to 2.75 percent of the
amount of the settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected in the manner in which
fines are collected in criminal cases.
``(c) Transfers.--In a manner consistent with section
3302(b) of title 31, there shall be transferred from the
General Fund of the Treasury to the Freedom From Influence
Fund under section 541 of the Federal Election Campaign Act
of 1971 an amount equal to the amount of the assessments
collected under this section.''.
(2) Clerical amendment.--The table of sections of chapter
201 of title 18, United States Code, is amended by adding at
the end the following:
``3015. Special assessments for Freedom From Influence Fund.''.
(b) Assessments Relating to Civil Penalties.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9707. Special assessments for Freedom From Influence
Fund
``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount
equal to 2.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess
on each person, other than a natural person who is not a
corporate officer or person with equivalent authority in any
other organization, on whom such a penalty is imposed an
amount equal to 2.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to
enter into a settlement agreement or consent decree with any
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, in satisfaction of any allegation of an action
or omission by the person which would be subject to a civil
penalty or administrative penalty shall assess on such person
an amount equal to 2.75 percent of the amount of the
settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected--
[[Page H2461]]
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties
are collected by the entity of the Federal Government
involved; and
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal
Government involved.
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent
decrees entered into by the entity of the Federal Government
involved;
``(c) Transfers.--In a manner consistent with section
3302(b) of this title, there shall be transferred from the
General Fund of the Treasury to the Freedom From Influence
Fund under section 541 of the Federal Election Campaign Act
of 1971 an amount equal to the amount of the assessments
collected under this section.
``(d) Exception for Penalties and Settlements Under
Authority of the Internal Revenue Code of 1986.--
``(1) In general.--No assessment shall be made under
subsection (a) with respect to any civil or administrative
penalty imposed, or any settlement agreement or consent
decree entered into, under the authority of the Internal
Revenue Code of 1986.
``(2) Cross reference.--For application of special
assessments for the Freedom From Influence Fund with respect
to certain penalties under the Internal Revenue Code of 1986,
see section 6761 of the Internal Revenue Code of 1986.''.
(2) Clerical amendment.--The table of sections of chapter
97 of title 31, United States Code, is amended by adding at
the end the following:
``9707. Special assessments for Freedom From Influence Fund.''.
(c) Assessments Relating to Certain Penalties Under the
Internal Revenue Code of 1986.--
(1) In general.--Chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:
``Subchapter D--Special Assessments for Freedom From Influence Fund
``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE
FUND.
``(a) In General.--Each person required to pay a covered
penalty shall pay an additional amount equal to 2.75 percent
of the amount of such penalty.
``(b) Covered Penalty.--For purposes of this section, the
term `covered penalty' means any addition to tax, additional
amount, penalty, or other liability provided under subchapter
A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the
taxable year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of ths subsection, a
taxpayer is an exempt taxpayer for any taxable year if the
taxable income of such taxpayer for such taxable year does
not exceed the dollar amount at which begins the highest rate
bracket in effect under section 1 with respect to such
taxpayer for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional amount determined under
subsection (a) shall be treated for purposes of this title in
the same manner as the covered penalty to which such
additional amount relates.
``(e) Transfer to Freedom From Influence Fund.--The
Secretary shall deposit any additional amount under
subsection (a) in the General Fund of the Treasury and shall
transfer from such General Fund to the Freedom From Influence
Fund established under section 541 of the Federal Election
Campaign Act of 1971 an amount equal to the amounts so
deposited (and, notwithstanding subsection (d), such
additional amount shall not be the basis for any deposit,
transfer, credit, appropriation, or any other payment, to any
other trust fund or account). Rules similar to the rules of
section 9601 shall apply for purposes of this subsection.''.
(2) Clerical amendment.--The table of subchapters for
chapter 68 of such Code is amended by adding at the end the
following new item:
``subchapter d--special assessments for freedom from influence fund''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
convictions, agreements, and penalties which occur on or
after the date of the enactment of this Act.
(2) Assessments relating to certain penalties under the
internal revenue code of 1986.--The amendments made by
subsection (c) shall apply to covered penalties assessed
after the date of the enactment of this Act.
SEC. 5115. EFFECTIVE DATE.
(a) In General.--Except as may otherwise be provided in
this part and in the amendments made by this part, this part
and the amendments made by this part shall apply with respect
to elections occurring during 2026 or any succeeding year,
without regard to whether or not the Federal Election
Commission has promulgated the final regulations necessary to
carry out this part and the amendments made by this part by
the deadline set forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30,
2024, the Federal Election Commission shall promulgate such
regulations as may be necessary to carry out this part and
the amendments made by this part.
Subtitle C--Presidential Elections
SEC. 5200. SHORT TITLE.
This subtitle may be cited as the ``Empower Act of 2019''.
PART 1--PRIMARY ELECTIONS
SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING
PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of each
contribution'' and inserting ``an amount equal to 600 percent
of the amount of each matchable contribution (disregarding
any amount of contributions from any person to the extent
that the total of the amounts contributed by such person for
the election exceeds $200)''; and
(B) by striking ``authorized committees'' and all that
follows through ``$250'' and inserting ``authorized
committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection (a); and
(B) by adding at the end the following new subsection:
``(c) Matchable Contribution Defined.--For purposes of this
section and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, a
contribution by an individual to a candidate or an authorized
committee of a candidate with respect to which the candidate
has certified in writing that--
``(A) the individual making such contribution has not made
aggregate contributions (including such matchable
contribution) to such candidate and the authorized committees
of such candidate in excess of $1,000 for the election;
``(B) such candidate and the authorized committees of such
candidate will not accept contributions from such individual
(including such matchable contribution) aggregating more than
the amount described in subparagraph (A); and
``(C) such contribution was a direct contribution.
``(2) Contribution.--For purposes of this subsection, the
term `contribution' means a gift of money made by a written
instrument which identifies the individual making the
contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money,
or anything of value or anything described in subparagraph
(B), (C), or (D) of section 9032(4).
``(3) Direct contribution.--
``(A) In general.--For purposes of this subsection, the
term `direct contribution' means, with respect to a
candidate, a contribution which is made directly by an
individual to the candidate or an authorized committee of the
candidate and is not--
``(i) forwarded from the individual making the contribution
to the candidate or committee by another person; or
``(ii) received by the candidate or committee with the
knowledge that the contribution was made at the request,
suggestion, or recommendation of another person.
``(B) Other definitions.--In subparagraph (A)--
``(i) the term `person' does not include an individual
(other than an individual described in section 304(i)(7) of
the Federal Election Campaign Act of 1971), a political
committee of a political party, or any political committee
which is not a separate segregated fund described in section
316(b) of the Federal Election Campaign Act of 1971 and which
does not make contributions or independent expenditures, does
not engage in lobbying activity under the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.), and is not established
by, controlled by, or affiliated with a registered lobbyist
under such Act, an agent of a registered lobbyist under such
Act, or an organization which retains or employs a registered
lobbyist under such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely on
the grounds that the contribution is made in response to
information provided to the individual making the
contribution by any person, so long as the candidate or
authorized committee does not know the identity of the person
who provided the information to such individual.''.
(3) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by striking
``section 9034(a)'' and inserting ``section 9034''.
(B) Section 9033(b)(3) of such Code is amended by striking
``matching contributions'' and inserting ``matchable
contributions''.
(b) Modification of Payment Limitation.--Section 9034(b) of
such Code is amended--
(1) by striking ``The total'' and inserting the following:
``(1) In general.--The total'';
(2) by striking ``shall not exceed'' and all that follows
and inserting ``shall not exceed $250,000,000.'', and
(3) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--
``(A) In general.--In the case of any applicable period
beginning after 2029, the dollar
[[Page H2462]]
amount in paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year following the year
which such applicable period begins, determined by
substituting `calendar year 2028' for `calendar year 1992' in
subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this paragraph,
the term `applicable period' means the 4-year period
beginning with the first day following the date of the
general election for the office of President and ending on
the date of the next such general election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (1) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of $10,000.''.
SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State;
Disregarding of Amounts Contributed in Excess of $200.--
Section 9033(b)(3) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding any amount of contributions from
any such resident to the extent that the total of the amounts
contributed by such resident for the election exceeds
$200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) the candidate and the authorized committees of the
candidate will not accept aggregate contributions from any
person with respect to the nomination for election to the
office of President of the United States in excess of $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by adding at
the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has
the meaning given such term in section 301(8) of the Federal
Election Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by section
5201(a)(3)(A), is amended by inserting ``or 9033(b)'' after
``9034''.
(c) Participation in System for Payments for General
Election.--Section 9033(b) of such Code is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95.''.
(d) Prohibition on Joint Fundraising Committees.--Section
9033(b) of such Code, as amended by subsection (c), is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) adding at the end the
following new paragraph:
``(6) the candidate will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate, except that candidate
established a joint fundraising committee with respect to a
prior election for which the candidate was not eligible to
receive payments under section 9037 and the candidate does
not terminate the committee, the candidate shall not be
considered to be in violation of this paragraph so long as
that joint fundraising committee does not receive any
contributions or make any disbursements during the election
cycle for which the candidate is eligible to receive payments
under such section.''.
SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall
knowingly make expenditures from his personal funds, or the
personal funds of his immediate family, in connection with
his campaign for nomination for election to the office of
President in excess of, in the aggregate, $50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(1) the candidate will comply with the personal
expenditure limitation under section 9035,''.
SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 is
amended by striking ``the beginning of the calendar year in
which a general election for the office of President of the
United States will be held'' and inserting ``the date that is
6 months prior to the date of the earliest State primary
election''.
SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is
amended by inserting ``and matchable contributions accepted
by'' after ``qualified campaign expenses of''.
SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR
PRESIDENTIAL PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)(6)) is amended by striking
``calendar year'' and inserting ``four-year election cycle''.
SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF
PAYMENTS.
(a) In General.--Chapter 96 of subtitle H of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF
PAYMENTS.
``(a) In General.--Notwithstanding any other provision of
this chapter, effective with respect to the Presidential
election held in 2028 and each succeeding Presidential
election, all payments made to candidates under this chapter
shall be made from the Freedom From Influence Fund
established under section 541 of the Federal Election
Campaign Act of 1971 (hereafter in this section referred to
as the `Fund').
``(b) Mandatory Reduction of Payments in Case of
Insufficient Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after first
making payments to participating candidates under title V of
the Federal Election Campaign Act of 1971 and then making
payments to States under the My Voice Voucher Program under
the Government By the People Act of 2019, the amounts
remaining in the Fund will be sufficient to make payments to
candidates under this chapter in the amounts provided under
this chapter during such election cycle; and
``(B) submit a report to Congress describing the results of
the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If, on the
basis of the audit described in paragraph (1), the Commission
determines that the amount anticipated to be available in the
Fund with respect to the Presidential election cycle involved
is not, or may not be, sufficient to satisfy the full
entitlements of candidates to payments under this chapter for
such cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this chapter by
such pro rata amount as may be necessary to ensure that the
aggregate amount of payments anticipated to be made with
respect to the cycle will not exceed the amount anticipated
to be available for such payments in the Fund with respect to
such cycle.
``(B) Restoration of reductions in case of availability of
sufficient funds during election cycle.--If, after reducing
the amounts paid to candidates with respect to an election
cycle under subparagraph (A), the Commission determines that
there are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any portion
thereof), to the extent that such amounts are available, the
Commission may make a payment on a pro rata basis to each
such candidate with respect to the election cycle in the
amount by which such candidate's payments were reduced under
subparagraph (A) (or any portion thereof, as the case may
be).
``(C) No use of amounts from other sources.--In any case in
which the Commission determines that there are insufficient
moneys in the Fund to make payments to candidates under this
chapter, moneys shall not be made available from any other
source for the purpose of making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on
the day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter
96 of subtitle H of such Code is amended by adding at the end
the following new item:
``Sec. 9043. Use of Freedom From Influence Fund as source of
payments.''.
PART 2--GENERAL ELECTIONS
SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR
PUBLIC FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code
of 1986 is amended to read as follows:
``(a) In General.--In order to be eligible to receive any
payments under section 9006, the candidates of a political
party in a Presidential election shall meet the following
requirements:
``(1) Participation in primary payment system.--The
candidate for President received payments under chapter 96
for the campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission such
evidence as it may request of the qualified campaign expenses
of such candidates,
``(B) agree to keep and furnish to the Commission such
records, books, and other information as it may request, and
``(C) agree to an audit and examination by the Commission
under section 9007 and to pay any amounts required to be paid
under such section.
[[Page H2463]]
``(3) Prohibition on joint fundraising committees.--
``(A) Prohibition.--The candidates certifies in writing
that the candidates will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate.
``(B) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in subparagraph (A) with respect to a prior
election for which the candidate was not eligible to receive
payments under section 9006 and the candidate does not
terminate the committee, the candidate shall not be
considered to be in violation of subparagraph (A) so long as
that joint fundraising committee does not receive any
contributions or make any disbursements with respect to the
election for which the candidate is eligible to receive
payments under section 9006.''.
SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF
QUALIFIED CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without
Expenditure Limits; Application of Same Requirements for
Major, Minor, and New Parties.--Section 9003 of the Internal
Revenue Code of 1986 is amended by striking subsections (b)
and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray
Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
Presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized committees have
not and will not accept any contributions to defray qualified
campaign expenses other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent necessary to make up any
deficiency payments received out of the fund on account of
the application of section 9006(c), and
``(B) such candidates and their authorized committees have
not and will not accept any contribution to defray expenses
which would be qualified campaign expenses but for
subparagraph (C) of section 9002(11).
``(2) Timing of certification.--The candidate shall make
the certification required under this subsection at the same
time the candidate makes the certification required under
subsection (a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section
9002 of such Code is amended by adding at the end the
following new paragraph:
``(13) Qualified campaign contribution.--The term
`qualified campaign contribution' means, with respect to any
election for the office of President of the United States, a
contribution from an individual to a candidate or an
authorized committee of a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has certified in
writing that--
``(i) the individual making such contribution has not made
aggregate contributions (including such qualified
contribution) to such candidate and the authorized committees
of such candidate in excess of the amount described in
subparagraph (A), and
``(ii) such candidate and the authorized committees of such
candidate will not accept contributions from such individual
(including such qualified contribution) aggregating more than
the amount described in subparagraph (A) with respect to such
election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking
subsection (b).
(B) Conforming amendments.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``, (b)''; and
(ii) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal Revenue
Code of 1986 is amended by striking paragraph (2) and
redesignating paragraphs (3), (4), and (5) as paragraphs (2),
(3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section 9007(b)
of such Code, as redesignated by subparagraph (A), is
amended--
(i) by striking ``a major party'' and inserting ``a
party'';
(ii) by inserting ``qualified contributions and'' after
``contributions (other than''; and
(iii) by striking ``(other than qualified campaign expenses
with respect to which payment is required under paragraph
(2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section 9012 of
the Internal Revenue Code of 1986 is amended by striking
subsection (a).
(B) Penalty for acceptance of disallowed contributions;
application of same penalty for candidates of major, minor,
and new parties.--Subsection (b) of section 9012 of such Code
is amended to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a
Presidential election or any of his authorized committees
knowingly and willfully to accept--
``(A) any contribution other than a qualified campaign
contribution to defray qualified campaign expenses, except to
the extent necessary to make up any deficiency in payments
received out of the fund on account of the application of
section 9006(c); or
``(B) any contribution to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of
section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than
one year, or both. In the case of a violation by an
authorized committee, any officer or member of such committee
who knowingly and willfully consents to such violation shall
be fined not more than $5,000, or imprisoned not more than
one year, or both.''.
SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO
PAYMENT AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a)
of section 9004 of the Internal Revenue Code of 1986 is
amended to read as follows:
``(a) In General.--Subject to the provisions of this
chapter, the eligible candidates of a party in a Presidential
election shall be entitled to equal payment under section
9006 in an amount equal to 600 percent of the amount of each
matchable contribution received by such candidate or by the
candidate's authorized committees (disregarding any amount of
contributions from any person to the extent that the total of
the amounts contributed by such person for the election
exceeds $200), except that total amount to which a candidate
is entitled under this paragraph shall not exceed
$250,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2029, the $250,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year following the year
which such applicable period begins, determined by
substituting `calendar year 2028' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-year period
beginning with the first day following the date of the
general election for the office of President and ending on
the date of the next such general election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence:
``The Commission shall make such additional certifications as
may be necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as
amended by section 5212(b), is amended by adding at the end
the following new paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the
office of President of the United States, a contribution by
an individual to a candidate or an authorized committee of a
candidate with respect to which the candidate has certified
in writing that--
``(A) the individual making such contribution has not made
aggregate contributions (including such matchable
contribution) to such candidate and the authorized committees
of such candidate in excess of $1,000 for the election;
``(B) such candidate and the authorized committees of such
candidate will not accept contributions from such individual
(including such matchable contribution) aggregating more than
the amount described in subparagraph (A) with respect to such
election; and
``(C) such contribution was a direct contribution (as
defined in section 9034(c)(3)).''.
SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY
EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to
read as follows:
``(2)(A) The national committee of a political party may
not make any expenditure in connection with the general
election campaign of any candidate for President of the
United States who is affiliated with such party which exceeds
$100,000,000.
``(B) For purposes of this paragraph--
``(i) any expenditure made by or on behalf of a national
committee of a political party and in connection with a
Presidential election shall be considered to be made in
connection with the general election campaign of a candidate
for President of the United States who is affiliated with
such party; and
``(ii) any communication made by or on behalf of such party
shall be considered to be made in connection with the general
election campaign of a candidate for President of the United
States who is affiliated with such party if any portion of
the communication is in connection with such election.
``(C) Any expenditure under this paragraph shall be in
addition to any expenditure by a
[[Page H2464]]
national committee of a political party serving as the
principal campaign committee of a candidate for the office of
President of the United States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-
Living Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)) is amended--
(A) in subparagraph (B), by striking ``(d)'' and inserting
``(d)(2)''; and
(B) by adding at the end the following new subparagraph:
``(D) In any calendar year after 2028--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for
the calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)) is amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting ``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar year
2027.''.
SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF
PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the
Treasury receives a certification from the Commission under
section 9005 for payment to the eligible candidates of a
political party, the Secretary shall pay to such candidates
out of the fund the amount certified by the Commission on the
later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the
control of such candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the
Internal Revenue Code of 1986 is amended by striking ``10
days'' and inserting ``24 hours''.
SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new sentence: ``In
making a determination of whether there are insufficient
moneys in the fund for purposes of the previous sentence, the
Secretary shall take into account in determining the balance
of the fund for a Presidential election year the Secretary's
best estimate of the amount of moneys which will be deposited
into the fund during the year, except that the amount of the
estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL
ELECTION LEGAL AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new sentence:
``For purposes of subparagraph (A), an expense incurred by a
candidate or authorized committee for general election legal
and accounting compliance purposes shall be considered to be
an expense to further the election of such candidate.''.
SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF
PAYMENTS.
(a) In General.--Chapter 95 of subtitle H of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF
PAYMENTS.
``(a) In General.--Notwithstanding any other provision of
this chapter, effective with respect to the Presidential
election held in 2028 and each succeeding Presidential
election, all payments made under this chapter shall be made
from the Freedom From Influence Fund established under
section 541 of the Federal Election Campaign Act of 1971.
``(b) Mandatory Reduction of Payments in Case of
Insufficient Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after first
making payments to participating candidates under title V of
the Federal Election Campaign Act of 1971 and then making
payments to States under the My Voice Voucher Program under
the Government By the People Act of 2019 and then making
payments to candidates under chapter 96, the amounts
remaining in the Fund will be sufficient to make payments to
candidates under this chapter in the amounts provided under
this chapter during such election cycle; and
``(B) submit a report to Congress describing the results of
the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If, on the
basis of the audit described in paragraph (1), the Commission
determines that the amount anticipated to be available in the
Fund with respect to the Presidential election cycle involved
is not, or may not be, sufficient to satisfy the full
entitlements of candidates to payments under this chapter for
such cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this chapter by
such pro rata amount as may be necessary to ensure that the
aggregate amount of payments anticipated to be made with
respect to the cycle will not exceed the amount anticipated
to be available for such payments in the Fund with respect to
such cycle.
``(B) Restoration of reductions in case of availability of
sufficient funds during election cycle.--If, after reducing
the amounts paid to candidates with respect to an election
cycle under subparagraph (A), the Commission determines that
there are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any portion
thereof), to the extent that such amounts are available, the
Commission may make a payment on a pro rata basis to each
such candidate with respect to the election cycle in the
amount by which such candidate's payments were reduced under
subparagraph (A) (or any portion thereof, as the case may
be).
``(C) No use of amounts from other sources.--In any case in
which the Commission determines that there are insufficient
moneys in the Fund to make payments to candidates under this
chapter, moneys shall not be made available from any other
source for the purpose of making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on
the day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter
95 of subtitle H of such Code is amended by adding at the end
the following new item:
``Sec. 9013. Use of Freedom From Influence Fund as source of
payments.''.
PART 3--EFFECTIVE DATE
SEC. 5221. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this
subtitle and the amendments made by this subtitle shall apply
with respect to the Presidential election held in 2028 and
each succeeding Presidential election, without regard to
whether or not the Federal Election Commission has
promulgated the final regulations necessary to carry out this
part and the amendments made by this part by the deadline set
forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30,
2026, the Federal Election Commission shall promulgate such
regulations as may be necessary to carry out this part and
the amendments made by this part.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help
America Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to
privilege the independently wealthy who want to run, because
given the demands of running for office, candidates who must
work to pay for childcare or to afford health insurance are
effectively being left out of the process, even if they have
sufficient support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans
who have firsthand knowledge of the importance of stable
childcare, a safety net, or great public schools are less
likely to get a seat at the table. This governance by the few
is antithetical to the democratic experiment, but most
importantly, when lawmakers do not share the concerns of
everyday Americans, their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York
Times reported in 2019 that fewer than 5 percent of
representatives cite blue-collar or service jobs in their
biographies. A 2015 survey by the Center for Responsive
Politics showed that the median net worth of lawmakers was
just over $1 million in 2013, or 18 times the wealth of the
typical American household.
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves.
For instance, women are 51% of the American population. Yet
even with a record number of women serving in the One Hundred
Sixteenth Congress, the Pew Research Center notes that more
than three out of four Members of this Congress are male. The
Center for American Women And Politics found that one third
of women legislators surveyed had been actively discouraged
from running for office,
[[Page H2465]]
often by political professionals. This type of
discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens
that still fall disproportionately on American women,
particularly disadvantages working mothers. These barriers
may explain why only 10 women in history have given birth
while serving in Congress, in spite of the prevalence of
working parents in other professions. Yet working mothers and
fathers are best positioned to create policy that reflects
the lived experience of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as
prospective public servants. In fact, helping ordinary
Americans to run may create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure
that all Americans who are otherwise qualified to serve this
Nation are able to run for office, regardless of their
economic status. By expanding permissible uses of campaign
funds and providing modest assurance that testing a run for
office will not cost one's livelihood, the Help America Run
Act will facilitate the candidacy of representatives who more
accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER
PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN
EXPENDITURE.
(a) Personal Use Services as Authorized Campaign
Expenditure.--Section 313 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30114), as amended by section 5113, is
amended by adding at the end the following new subsection:
``(e) Treatment of Payments for Child Care and Other
Personal Use Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate
for any of the personal use services described in paragraph
(3) shall be treated as an authorized expenditure if the
services are necessary to enable the participation of the
candidate in campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total amount
of payments made by an authorized committee of a candidate
for personal use services described in paragraph (3) may not
exceed the limit which is applicable under any law, rule, or
regulation on the amount of payments which may be made by the
committee for the salary of the candidate (without regard to
whether or not the committee makes payments to the candidate
for that purpose).
``(B) Corresponding reduction in amount of salary paid to
candidate.--To the extent that an authorized committee of a
candidate makes payments for the salary of the candidate, any
limit on the amount of such payments which is applicable
under any law, rule, or regulation shall be reduced by the
amount of any payments made to or on behalf of the candidate
for personal use services described in paragraph (3), other
than personal use services described in subparagraph (E) of
such paragraph.
``(C) Exclusion of candidates who are officeholders.--
Paragraph (1) does not apply with respect to an authorized
committee of a candidate who is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided on
behalf of any dependent who is a qualifying relative under
section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
Subtitle E--Severability
SEC. 5401. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Severability
Sec. 6201. Severability.
Subtitle A--Restoring Integrity to America's Elections
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.
(a) Reduction in Number of Members; Removal of Secretary of
Senate and Clerk of House as Ex Officio Members.--
(1) In general; quorum.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking the second and third sentences and
inserting the following: ``The Commission is composed of 5
members appointed by the President by and with the advice and
consent of the Senate, of whom no more than 2 may be
affiliated with the same political party. A member shall by
treated as affiliated with a political party if the member
was affiliated, including as a registered voter, employee,
consultant, donor, officer, or attorney, with such political
party or any of its candidates or elected public officials at
any time during the 5-year period ending on the date on which
such individual is nominated to be a member of the
Commission. A majority of the number of members of the
Commission who are serving at the time shall constitute a
quorum, except that 3 members shall constitute a quorum if
there are 4 members serving at the time.''.
(2) Conforming amendments relating to reduction in number
of members.--(A) The second sentence of section 306(c) of
such Act (52 U.S.C. 30106(c)) is amended by striking
``affirmative vote of 4 members of the Commission'' and
inserting ``affirmative vote of a majority of the members of
the Commission who are serving at the time''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 of its members'' and inserting ``affirmative vote
of a majority of the members of the Commission who are
serving at the time'' each place it appears in the following
sections:
(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
(ii) Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)).
(iii) Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)).
(iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)).
(v) Section 311(b) (52 U.S.C. 30111(b)).
(3) Conforming amendment relating to removal of ex officio
members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is
amended by striking ``(other than the Secretary of the Senate
and the Clerk of the House of Representatives)'' each place
it appears in paragraphs (4) and (5).
(b) Terms of Service.--Section 306(a)(2) of such Act (52
U.S.C. 30106(a)(2)) is amended to read as follows:
``(2) Terms of service.--
``(A) In general.--Each member of the Commission shall
serve for a single term of 6 years.
``(B) Special rule for initial appointments.--Of the
members first appointed to serve terms that begin in January
2022, the President shall designate 2 to serve for a 3-year
term.
``(C) No reappointment permitted.--An individual who served
a term as a member of the Commission may not serve for an
additional term, except that--
``(i) an individual who served a 3-year term under
subparagraph (B) may also be appointed to serve a 6-year term
under subparagraph (A); and
``(ii) for purposes of this subparagraph, an individual who
is appointed to fill a vacancy under subparagraph (D) shall
not be considered to have served a term if the portion of the
unexpired term the individual fills is less than 50 percent
of the period of the term.
``(D) Vacancies.--Any vacancy occurring in the membership
of the Commission shall be filled in the same manner as in
the case of the original appointment. Except as provided in
subparagraph (C), an individual appointed to fill a vacancy
occurring other than by the expiration of a term of office
shall be appointed only for the unexpired term of the member
he or she succeeds.
``(E) Limitation on service after expiration of term.--A
member of the Commission may continue to serve on the
Commission after the expiration of the member's term for an
additional period, but only until the earlier of--
``(i) the date on which the member's successor has taken
office as a member of the Commission; or
``(ii) the expiration of the 1-year period that begins on
the last day of the member's term.''.
(c) Qualifications.--Section 306(a)(3) of such Act (52
U.S.C. 30106(a)(3)) is amended to read as follows:
``(3) Qualifications.--
``(A) In general.--The President may select an individual
for service as a member of the Commission if the individual
has experience in election law and has a demonstrated record
of integrity, impartiality, and good judgment.
``(B) Assistance of blue ribbon advisory panel.--
[[Page H2466]]
``(i) In general.--Prior to the regularly scheduled
expiration of the term of a member of the Commission and upon
the occurrence of a vacancy in the membership of the
Commission prior to the expiration of a term, the President
shall convene a Blue Ribbon Advisory Panel, consisting of an
odd number of individuals selected by the President from
retired Federal judges, former law enforcement officials, or
individuals with experience in election law, except that the
President may not select any individual to serve on the panel
who holds any public office at the time of selection.
``(ii) Recommendations.--With respect to each member of the
Commission whose term is expiring or each vacancy in the
membership of the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the President at
least one but not more than 3 individuals for nomination for
appointment as a member of the Commission.
``(iii) Publication.--At the time the President submits to
the Senate the nominations for individuals to be appointed as
members of the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations for such
nominations.
``(iv) Exemption from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply
to a Blue Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission shall
not engage in any other business, vocation, or employment.
Any individual who is engaging in any other business,
vocation, or employment at the time of his or her appointment
to the Commission shall terminate or liquidate such activity
no later than 90 days after such appointment.''.
SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION
COMMISSION.
(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to
read as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first appointed
to serve terms that begin in January 2022, one such member
(as designated by the President at the time the President
submits nominations to the Senate) shall serve as Chair of
the Commission.
``(B) Subsequent appointments.--Any individual who is
appointed to succeed the member who serves as Chair of the
Commission for the term beginning in January 2022 (as well as
any individual who is appointed to fill a vacancy if such
member does not serve a full term as Chair) shall serve as
Chair of the Commission.
``(C) Vice chair.--The Commission shall select, by majority
vote of its members, one of its members to serve as Vice
Chair, who shall act as Chair in the absence or disability of
the Chair or in the event of a vacancy in the position of
Chair.''.
(2) Conforming amendment.--Section 309(a)(2) of such Act
(52 U.S.C. 30109(a)(2)) is amended by striking ``through its
chairman or vice chairman'' and inserting ``through the
Chair''.
(b) Powers.--
(1) Assignment of certain powers to chair.--Section 307(a)
of such Act (52 U.S.C. 30107(a)) is amended to read as
follows:
``(a) Distribution of Powers Between Chair and
Commission.--
``(1) Powers assigned to chair.--
``(A) Administrative powers.--The Chair of the Commission
shall be the chief administrative officer of the Commission
and shall have the authority to administer the Commission and
its staff, and (in consultation with the other members of the
Commission) shall have the power--
``(i) to appoint and remove the staff director of the
Commission;
``(ii) to request the assistance (including personnel and
facilities) of other agencies and departments of the United
States, whose heads may make such assistance available to the
Commission with or without reimbursement; and
``(iii) to prepare and establish the budget of the
Commission and to make budget requests to the President, the
Director of the Office of Management and Budget, and
Congress.
``(B) Other powers.--The Chair of the Commission shall have
the power--
``(i) to appoint and remove the general counsel of the
Commission with the concurrence of at least 2 other members
of the Commission;
``(ii) to require by special or general orders, any person
to submit, under oath, such written reports and answers to
questions as the Chair may prescribe;
``(iii) to administer oaths or affirmations;
``(iv) to require by subpoena, signed by the Chair, the
attendance and testimony of witnesses and the production of
all documentary evidence relating to the execution of its
duties;
``(v) in any proceeding or investigation, to order
testimony to be taken by deposition before any person who is
designated by the Chair, and shall have the power to
administer oaths and, in such instances, to compel testimony
and the production of evidence in the same manner as
authorized under clause (iv); and
``(vi) to pay witnesses the same fees and mileage as are
paid in like circumstances in the courts of the United
States.
``(2) Powers assigned to commission.--The Commission shall
have the power--
``(A) to initiate (through civil actions for injunctive,
declaratory, or other appropriate relief), defend (in the
case of any civil action brought under section 309(a)(8) of
this Act) or appeal (including a proceeding before the
Supreme Court on certiorari) any civil action in the name of
the Commission to enforce the provisions of this Act and
chapter 95 and chapter 96 of the Internal Revenue Code of
1986, through its general counsel;
``(B) to render advisory opinions under section 308 of this
Act;
``(C) to develop such prescribed forms and to make, amend,
and repeal such rules, pursuant to the provisions of chapter
5 of title 5, United States Code, as are necessary to carry
out the provisions of this Act and chapter 95 and chapter 96
of the Internal Revenue Code of 1986;
``(D) to conduct investigations and hearings expeditiously,
to encourage voluntary compliance, and to report apparent
violations to the appropriate law enforcement authorities;
and
``(E) to transmit to the President and Congress not later
than June 1 of each year a report which states in detail the
activities of the Commission in carrying out its duties under
this Act, and which includes any recommendations for any
legislative or other action the Commission considers
appropriate.
``(3) Permitting commission to exercise other powers of
chair.--With respect to any investigation, action, or
proceeding, the Commission, by an affirmative vote of a
majority of the members who are serving at the time, may
exercise any of the powers of the Chair described in
paragraph (1)(B).''.
(2) Conforming amendments relating to personnel
authority.--Section 306(f) of such Act (52 U.S.C. 30106(f))
is amended--
(A) by amending the first sentence of paragraph (1) to read
as follows: ``The Commission shall have a staff director who
shall be appointed by the Chair of the Commission in
consultation with the other members and a general counsel who
shall be appointed by the Chair with the concurrence of at
least two other members.'';
(B) in paragraph (2), by striking ``With the approval of
the Commission'' and inserting ``With the approval of the
Chair of the Commission''; and
(C) by striking paragraph (3).
(3) Conforming amendment relating to budget submission.--
Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is
amended by striking ``the Commission submits any budget'' and
inserting ``the Chair (or, pursuant to subsection (a)(3), the
Commission) submits any budget''.
(4) Other conforming amendments.--Section 306(c) of such
Act (52 U.S.C. 30106(c)) is amended by striking ``All
decisions'' and inserting ``Subject to section 307(a), all
decisions''.
(5) Technical amendment.--The heading of section 307 of
such Act (52 U.S.C. 30107) is amended by striking ``the
commission'' and inserting ``the chair and the commission''.
SEC. 6004. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining
Whether Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2)(A) The general counsel, upon receiving a complaint
filed with the Commission under paragraph (1) or upon the
basis of information ascertained by the Commission in the
normal course of carrying out its supervisory
responsibilities, shall make a determination as to whether or
not there is reason to believe that a person has committed,
or is about to commit, a violation of this Act or chapter 95
or chapter 96 of the Internal Revenue Code of 1986, and as to
whether or not the Commission should either initiate an
investigation of the matter or that the complaint should be
dismissed. The general counsel shall promptly provide
notification to the Commission of such determination and the
reasons therefore, together with any written response
submitted under paragraph (1) by the person alleged to have
committed the violation. Upon the expiration of the 30-day
period which begins on the date the general counsel provides
such notification, the general counsel's determination shall
take effect, unless during such 30-day period the Commission,
by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel
that the Commission should investigate the matter takes
effect, or if the determination by the general counsel that
the complaint should be dismissed is overruled as provided
under the previous sentence, the general counsel shall
initiate an investigation of the matter on behalf of the
Commission.
``(B) If the Commission initiates an investigation pursuant
to subparagraph (A), the Commission, through the Chair, shall
notify the subject of the investigation of the alleged
violation. Such notification shall set forth the factual
basis for such alleged violation. The Commission shall make
an investigation of such alleged violation, which may include
a field investigation or audit, in accordance with the
provisions of this section. The general counsel shall provide
notification to the Commission of any intent to issue a
subpoena or conduct any other form
[[Page H2467]]
of discovery pursuant to the investigation. Upon the
expiration of the 15-day period which begins on the date the
general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery,
unless during such 15-day period the Commission, by vote of a
majority of the members of the Commission who are serving at
the time, prohibits the general counsel from issuing the
subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under
paragraph (2), the general counsel shall promptly submit to
the Commission the general counsel's recommendation that the
Commission find either that there is probable cause or that
there is not probable cause to believe that a person has
committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of the Internal Revenue Code of
1986, and shall include with the recommendation a brief
stating the position of the general counsel on the legal and
factual issues of the case.
``(B) At the time the general counsel submits to the
Commission the recommendation under subparagraph (A), the
general counsel shall simultaneously notify the respondent of
such recommendation and the reasons therefore, shall provide
the respondent with an opportunity to submit a brief within
30 days stating the position of the respondent on the legal
and factual issues of the case and replying to the brief of
the general counsel. The general counsel and shall promptly
submit such brief to the Commission upon receipt.
``(C) Not later than 30 days after the general counsel
submits the recommendation to the Commission under
subparagraph (A) (or, if the respondent submits a brief under
subparagraph (B), not later than 30 days after the general
counsel submits the respondent's brief to the Commission
under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the
members of the Commission who are serving at the time.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52
U.S.C. 30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the Commission''
and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as follows:
``Not later than 15 days after receiving notice from the
general counsel under the previous sentence, the person may
provide the general counsel with a written response that no
action should be taken against such person on the basis of
the complaint.''.
(b) Revision of Standard for Review of Dismissal of
Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the
Commission dismissing a complaint filed by such party after
finding either no reason to believe a violation has occurred
or no probable cause a violation has occurred may file a
petition with the United States District Court for the
District of Columbia. Any petition under this subparagraph
shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
dismissal of the complaint is contrary to law. In any matter
in which the penalty for the alleged violation is greater
than $50,000, the court should disregard any claim or defense
by the Commission of prosecutorial discretion as a basis for
dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the
Commission and who is aggrieved by a failure of the
Commission, within one year after the filing of the
complaint, to either dismiss the complaint or to find reason
to believe a violation has occurred or is about to occur, may
file a petition with the United States District Court for the
District of Columbia.
``(ii) In any proceeding under this subparagraph, the court
shall treat the failure to act on the complaint as a
dismissal of the complaint, and shall determine by de novo
review whether the agency's failure to act on the complaint
is contrary to law.
``(C) In any proceeding under this paragraph the court may
declare that the dismissal of the complaint or the failure to
act is contrary to law, and may direct the Commission to
conform with such declaration within 30 days, failing which
the complainant may bring, in the name of such complainant, a
civil action to remedy the violation involved in the original
complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed by the
Federal Election Commission, with respect to complaints which
are dismissed on or after the date of the enactment of this
Act; and
(B) in the case of complaints upon which the Federal
Election Commission failed to act, with respect to complaints
which were filed on or after the date of the enactment of
this Act.
SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR
ADVISORY OPINIONS BY PERSONS OPPOSING THE
REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108)
is amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an
opportunity for a person requesting an advisory opinion under
this section (or counsel for such person) to appear before
the Commission to present testimony in support of the
request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable
opportunity for an interested party who submitted written
comments under subsection (d) in response to the request (or
counsel for such interested party) to appear before the
Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to requests for advisory opinions
under section 308 of the Federal Election Campaign Act of
1971 which are made on or after the date of the enactment of
this Act.
SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY
AUTHORITY.
(a) Extension of Authority.--Section 309(a)(4)(C)(v) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30109(a)(4)(C)(v)), as amended by Public Law 115-386, is
amended by striking ``, and that end on or before December
31, 2023''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2018.
SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be
subject to limitations on ex parte communications, as
provided in the regulations promulgated by the Commission
regarding such communications which are in effect on the date
of the enactment of this paragraph.''.
SEC. 6008. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, the
amendments made by this subtitle shall apply beginning
January 1, 2022.
(b) Transition.--
(1) Termination of service of current members.--
Notwithstanding any provision of the Federal Election
Campaign Act of 1971, the term of any individual serving as a
member of the Federal Election Commission as of December 31,
2021, shall expire on that date.
(2) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to December 31, 2021, including any
investigation initiated by the Commission prior to such date
or any proceeding (including any enforcement action) pending
as of such date.
Subtitle B--Stopping Super PAC-Candidate Coordination
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-
Candidate Coordination Act''.
SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED
EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section
301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than a
candidate, an authorized committee of a candidate, or a
political committee of a political party) for a coordinated
expenditure (as such term is defined in section 326) which is
not otherwise treated as a contribution under clause (i) or
clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et
seq.), as amended by section 4702(a), is amended by adding at
the end the following new section:
``SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is made in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate, an authorized committee of a
candidate, a political committee of a political party, or
agents of the candidate or committee, as defined in
subsection (b); or
``(B) any payment for any communication which republishes,
disseminates, or distributes, in whole or in part, any video
or broadcast or any written, graphic, or other form of
campaign material prepared by the candidate or committee or
by agents of the candidate or committee (including any
excerpt or use of any video from any such broadcast or
written, graphic, or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered
communication described in subsection (d)) shall not be
treated as a coordinated expenditure under this subsection
if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or
controlled by any political party, political committee, or
candidate; or
[[Page H2468]]
``(B) the communication constitutes a candidate debate or
forum conducted pursuant to regulations adopted by the
Commission pursuant to section 304(f)(3)(B)(iii), or which
solely promotes such a debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a
political party, or agents of the candidate or committee, if
the payment, or any communication for which the payment is
made, is not made entirely independently of the candidate,
committee, or agents. For purposes of the previous sentence,
a payment or communication not made entirely independently of
the candidate or committee includes any payment or
communication made pursuant to any general or particular
understanding with, or pursuant to any communication with,
the candidate, committee, or agents about the payment or
communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered
to be made by a person in cooperation, consultation, or
concert with, or at the request or suggestion of, a candidate
or committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any
agent of the candidate or committee, regarding the
candidate's or committee's campaign advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, or other campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination
of coordination between a candidate and a political committee
of a political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or
suggestion of, a candidate or committee, in accordance with
this section without regard to whether or not the person
established and used a firewall or similar procedures to
restrict the sharing of information between individuals who
are employed by or who are serving as agents for the person
making the payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection
(a)(1)(A), if the person who makes a payment for a covered
communication, as defined in subsection (d), is a coordinated
spender under paragraph (2) with respect to the candidate as
described in subsection (d)(1), the payment for the covered
communication is made in cooperation, consultation, or
concert with the candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with
respect to a candidate or an authorized committee of a
candidate, a person (other than a political committee of a
political party) for which any of the following applies:
``(A) During the 4-year period ending on the date on which
the person makes the payment, the person was directly or
indirectly formed or established by or at the request or
suggestion of, or with the encouragement of, the candidate
(including an individual who later becomes a candidate) or
committee or agents of the candidate or committee, including
with the approval of the candidate or committee or agents of
the candidate or committee.
``(B) The candidate or committee or any agent of the
candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising activity
on the person's behalf during the election cycle involved,
including by providing the person with names of potential
donors or other lists to be used by the person in engaging in
fundraising activity, regardless of whether the person pays
fair market value for the names or lists provided. For
purposes of this subparagraph, the term `election cycle'
means, with respect to an election for Federal office, the
period beginning on the day after the date of the most recent
general election for that office (or, if the general election
resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election).
``(C) The person is established, directed, or managed by
the candidate or committee or by any person who, during the
4-year period ending on the date on which the person makes
the payment, has been employed or retained as a political,
campaign media, or fundraising adviser or consultant for the
candidate or committee or for any other entity directly or
indirectly controlled by the candidate or committee, or has
held a formal position with the candidate or committee
(including a position as an employee of the office of the
candidate at any time the candidate held any Federal, State,
or local public office during the 4-year period).
``(D) The person has retained the professional services of
any person who, during the 2-year period ending on the date
on which the person makes the payment, has provided or is
providing professional services relating to the campaign to
the candidate or committee, without regard to whether the
person providing the professional services used a firewall.
For purposes of this subparagraph, the term `professional
services' includes any services in support of the candidate's
or committee's campaign activities, including advertising,
message, strategy, policy, polling, allocation of resources,
fundraising, and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or managed by a
member of the immediate family of the candidate, or the
person or any officer or agent of the person has had more
than incidental discussions about the candidate's campaign
with a member of the immediate family of the candidate. For
purposes of this subparagraph, the term `immediate family'
has the meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public
communication (as defined in section 301(22)) which--
``(A) expressly advocates the election of the candidate or
the defeat of an opponent of the candidate (or contains the
functional equivalent of express advocacy);
``(B) promotes or supports the election of the candidate,
or attacks or opposes the election of an opponent of the
candidate (regardless of whether the communication expressly
advocates the election or defeat of a candidate or contains
the functional equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers to a
candidate in a general, special, or runoff election, the 120-
day period which ends on the date of the election; or
``(B) in the case of a communication which refers to a
candidate in a primary or preference election, or convention
or caucus of a political party that has authority to nominate
a candidate, the 60-day period which ends on the date of the
election or convention or caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater
of--
``(A) in the case of a person who makes a contribution
which consists of a payment for a coordinated expenditure in
an amount exceeding the applicable contribution limit under
this Act, 300 percent of the amount by which the amount of
the payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited under this
Act from making a contribution in any amount, 300 percent of
the amount of the payment made by the person for the
coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior
to the expiration of the 1-year period which begins on the
date the Commission imposes the penalty or the 1-year period
which begins on the date of the final judgment following any
judicial review of the Commission's action, whichever is
later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which
begins on the date of the enactment of this Act--
(A) the regulations on coordinated communications adopted
by the Federal Election Commission which are in effect on the
date of the enactment of this Act (as set forth in 11 CFR
Part 109, Subpart C, under the heading ``Coordination'') are
repealed; and
(B) the Federal Election Commission shall promulgate new
regulations on coordinated communications which reflect the
amendments made by this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not
the Federal Election Commission has promulgated regulations
in accordance with paragraph (1)(B) as of the expiration of
such period.
[[Page H2469]]
SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS
BY FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds to or on
behalf of any political committee which accepts donations or
contributions that do not comply with the limitations,
prohibitions, and reporting requirements of this Act (or to
or on behalf of any account of a political committee which is
established for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue Code
of 1986 which accepts such donations or contributions (other
than a committee of a State or local political party or a
candidate for election for State or local office).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring after January
1, 2020.
Subtitle C--Severability
SEC. 6201. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
DIVISION C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of 1995.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Severability
Sec. 7401. Severability.
Subtitle A--Supreme Court Ethics
SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES.
(a) In General.--Chapter 57 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 964. Code of conduct
``Not later than one year after the date of the enactment
of this section, the Judicial Conference shall issue a code
of conduct, which applies to each justice and judge of the
United States, except that the code of conduct may include
provisions that are applicable only to certain categories of
judges or justices.''.
(b) Clerical Amendment.--The table of sections for chapter
57 of title 28, United States Code, is amended by adding
after the item related to section 963 the following:
``964. Code of conduct.''.
Subtitle B--Foreign Agents Registration
SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND
ENFORCEMENT UNIT WITHIN DEPARTMENT OF JUSTICE.
Section 8 of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 618) is amended by adding at the end
the following new subsection:
``(i) Dedicated Enforcement Unit.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Attorney General
shall establish a unit within the counterespionage section of
the National Security Division of the Department of Justice
with responsibility for the enforcement of this Act.
``(2) Powers.--The unit established under this subsection
is authorized to--
``(A) take appropriate legal action against individuals
suspected of violating this Act; and
``(B) coordinate any such legal action with the United
States Attorney for the relevant jurisdiction.
``(3) Consultation.--In operating the unit established
under this subsection, the Attorney General shall, as
appropriate, consult with the Director of National
Intelligence, the Secretary of Homeland Security, and the
Secretary of State.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out the activities of
the unit established under this subsection $10,000,000 for
fiscal year 2019 and each succeeding fiscal year.''.
SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.
(a) Establishing Authority.--Section 8 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 618)
is amended by inserting after subsection (c) the following
new subsection:
``(d) Civil Money Penalties.--
``(1) Registration statements.--Whoever fails to file
timely or complete a registration statement as provided under
section 2(a) shall be subject to a civil money penalty of not
more than $10,000 per violation.
``(2) Supplements.--Whoever fails to file timely or
complete supplements as provided under section 2(b) shall be
subject to a civil money penalty of not more than $1,000 per
violation.
``(3) Other violations.--Whoever knowingly fails to--
``(A) remedy a defective filing within 60 days after notice
of such defect by the Attorney General; or
``(B) comply with any other provision of this Act,
shall upon proof of such knowing violation by a preponderance
of the evidence, be subject to a civil money penalty of not
more than $200,000, depending on the extent and gravity of
the violation.
``(4) No fines paid by foreign principals.--A civil money
penalty paid under paragraph (1) may not be paid, directly or
indirectly, by a foreign principal.
``(5) Use of fines.--All civil money penalties collected
under this subsection shall be used to defray the cost of the
enforcement unit established under subsection (i).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF
FINANCIAL VALUE CONFERRED ON OFFICEHOLDERS.
(a) Requiring Agents to Disclose Known Transactions.--
(1) In general.--Section 2(a) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612(a)) is
amended--
(A) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12); and
(B) by inserting after paragraph (9) the following new
paragraph:
``(10) To the extent that the registrant has knowledge of
any transaction which occurred in the preceding 60 days and
in which the foreign principal for whom the registrant is
acting as an agent conferred on a Federal or State
officeholder any thing of financial value, including a gift,
profit, salary, favorable regulatory treatment, or any other
direct or indirect economic or financial benefit, a detailed
statement describing each such transaction.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to statements filed on or after the
expiration of the 90-day period which begins on the date of
the enactment of this Act.
(b) Supplemental Disclosure for Current Registrants.--Not
later than the expiration of the 90-day period which begins
on the date of the enactment of this Act, each registrant who
(prior to the expiration of such period) filed a registration
statement with the Attorney General under section 2(a) of the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 612(a)) and who has knowledge of any transaction
described in paragraph (10) of section 2(a) of such Act (as
added by subsection (a)(1)) which occurred at any time during
which the registrant was an agent of the foreign principal
involved, shall file with the Attorney General a supplement
to such statement under oath, on a form prescribed by the
Attorney General, containing a detailed statement describing
each such transaction.
SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS.
(a) Requiring Statements Filed by Registrants to Be in
Digitized Format.--Section 2(g) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612(g)) is
amended by striking ``in electronic form'' and inserting ``in
a digitized format which will enable the Attorney General to
meet the requirements of section 6(d)(1) (relating to public
access to an electronic database of statements and
updates)''.
(b) Requirements for Electronic Database of Registration
Statements and Updates.--Section 6(d)(1) of such Act (22
U.S.C. 616(d)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``to the extent technically practicable,''; and
(2) in subparagraph (A), by striking ``includes the
information'' and inserting ``includes in a digitized format
the information''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to statements filed on or after the
expiration of the 180-day period which begins on the date of
the enactment of this Act.
Subtitle C--Lobbying Disclosure Reform
SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES
SUBJECT TO REQUIREMENTS OF LOBBYING DISCLOSURE
ACT OF 1995.
(a) Coverage of Individuals Providing Counseling
Services.--
(1) Treatment of counseling services in support of lobbying
contacts as lobbying activity.--Section 3(7) of such Act (2
U.S.C. 1602(7)) is amended--
(A) by striking ``efforts'' and inserting ``any efforts'';
and
(B) by striking ``research and other background work'' and
inserting the following: ``counseling in support of such
preparation and planning activities, research, and other
background work''.
[[Page H2470]]
(2) Treatment of lobbying contact made with support of
counseling services as lobbying contact made by individual
providing services.--Section 3(8) of such Act (2 U.S.C.
1602(8)) is amended by adding at the end the following new
subparagraph:
``(C) Treatment of providers of counseling services.--Any
individual, with authority to direct or substantially
influence a lobbying contact or contacts made by another
individual, and for financial or other compensation provides
counseling services in support of preparation and planning
activities which are treated as lobbying activities under
paragraph (7) for that other individual's lobbying contact or
contacts and who has knowledge that the specific lobbying
contact or contacts were made, shall be considered to have
made the same lobbying contact at the same time and in the
same manner to the covered executive branch official or
covered legislative branch official involved.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to lobbying contacts made on or
after the date of the enactment of this Act.
Subtitle D--Recusal of Presidential Appointees
SEC. 7301. RECUSAL OF APPOINTEES.
Section 208 of title 18, United States Code, is amended by
adding at the end the following:
``(e)(1) Any officer or employee appointed by the President
shall recuse himself or herself from any particular matter
involving specific parties in which a party to that matter
is--
``(A) the President who appointed the officer or employee,
which shall include any entity in which the President has a
substantial interest; or
``(B) the spouse of the President who appointed the officer
or employee, which shall include any entity in which the
spouse of the President has a substantial interest.
``(2)(A) Subject to subparagraph (B), if an officer or
employee is recused under paragraph (1), a career appointee
in the agency of the officer or employee shall perform the
functions and duties of the officer or employee with respect
to the matter.
``(B)(i) In this subparagraph, the term `Commission' means
a board, commission, or other agency for which the authority
of the agency is vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a
matter under paragraph (1) would result in there not being a
statutorily required quorum of members of the Commission
available to participate in the matter, notwithstanding such
statute or any other provision of law, the members of the
Commission not recused under paragraph (1) may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of
the Commission; or
``(III) designate an officer or employee of the Commission
who was not appointed by the President who appointed the
member of the Commission recused from the matter to exercise
the authorities and duties of the recused member with respect
to the matter.
``(3) Any officer or employee who violates paragraph (1)
shall be subject to the penalties set forth in section 216.
``(4) For purposes of this section, the term `particular
matter' shall have the meaning given the term in section
207(i).''.
Subtitle E--Severability
SEC. 7401. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential conflict of
interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency Ethics Officials Training and Duties.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Severability
Sec. 8071. Severability.
Subtitle A--Executive Branch Conflict of Interest
SEC. 8001. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch
Conflict of Interest Act''.
SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR
GOVERNMENT SERVICE.
Section 209 of title 18, United States Code, is amended--
(1) in subsection (a),
(A) by striking ``any salary'' and inserting ``any salary
(including a bonus)''; and
(B) by striking ``as compensation for his services'' and
inserting ``at any time, as compensation for serving''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) For purposes of paragraph (1), a pension, retirement,
group life, health or accident insurance, profit-sharing,
stock bonus, or other employee welfare or benefit plan that
makes payment of any portion of compensation contingent on
accepting a position in the United States Government shall
not be considered bona fide.''.
SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE REVOLVING
DOOR.
(a) In General.--The Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES
``Sec. 601. Definitions
``In this title:
``(1) Covered agency.--The term `covered agency'--
``(A) means an Executive agency, as defined in section 105
of title 5, United States Code, the Postal Service and the
Postal Rate Commission, but does not include the Government
Accountability Office or the Government of the District of
Columbia; and
``(B) shall include the Executive Office of the President.
``(2) Covered employee.--The term `covered employee' means
an officer or employee referred to in paragraph (2) of
section 207(c) or paragraph (1) of section 207(d) of title
18, United States Code.
``(3) Director.--The term `Director' means the Director of
the Office of Government Ethics.
``(4) Executive branch.--The term `executive branch' has
the meaning given that term in section 109.
``(5) Former client.--The term `former client'--
``(A) means a person for whom a covered employee served
personally as an agent, attorney, or consultant during the 2-
year period ending on the date before the date on which the
covered employee begins service in the Federal Government;
and
``(B) does not include any agency or instrumentality of the
Federal Government.
``(6) Former employer.--The term `former employer'--
``(A) means a person for whom a covered employee served as
an employee, officer, director, trustee, agent, attorney,
consultant, or contractor during the 2 year period ending on
the date before the date on which the covered employee begins
service in the Federal Government; and
``(B) does not include--
``(i) an entity in the Federal Government, including an
executive branch agency;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304); or
``(v) the government of a territory or possession of the
United States.
``(7) Particular matter.--The term `particular matter' has
the meaning given that term in section 207(i) of title 18,
United States Code.
``Sec. 602. Conflict of interest and eligibility standards
``(a) In General.--A covered employee may not participate
personally and substantially in a particular matter in which
the covered employee knows or reasonably should have known
that a former employer or former client of the covered
employee has a financial interest.
``(b) Waiver.--
``(1) In general.--
``(A) Agency heads.--With respect to the head of a covered
agency who is a covered
[[Page H2471]]
employee, the Designated Agency Ethics Official for the
Executive Office of the President, in consultation with the
Director, may grant a written waiver of the restrictions
under subsection (a) before the head engages in the action
otherwise prohibited by such subsection if the Designated
Agency Ethics Official for the Executive Office of the
President determines and certifies in writing that, in light
of all the relevant circumstances, the interest of the
Federal Government in the head's participation outweighs the
concern that a reasonable person may question the integrity
of the agency's programs or operations.
``(B) Other covered employees.--With respect to any covered
employee not covered by subparagraph (A), the head of the
covered agency employing the covered employee, in
consultation with the Director, may grant a written waiver of
the restrictions under subsection (a) before the covered
employee engages in the action otherwise prohibited by such
subsection if the head of the covered agency determines and
certifies in writing that, in light of all the relevant
circumstances, the interest of the Federal Government in the
covered employee's participation outweighs the concern that a
reasonable person may question the integrity of the agency's
programs or operations.
``(2) Publication.--For any waiver granted under paragraph
(1), the individual who granted the waiver shall--
``(A) provide a copy of the waiver to the Director not less
than 48 hours after the waiver is granted; and
``(B) publish the waiver on the website of the applicable
agency within 30 calendar days after granting such waiver.
``(3) Review.--Upon receiving a written waiver under
paragraph (1)(A), the Director shall--
``(A) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(B) if the Director so objects--
``(i) provide reasons for the objection in writing to the
head of the agency who granted the waiver not less than 15
calendar days after the waiver was granted; and
``(ii) publish the written objection on the website of the
Office of Government Ethics not less than 30 calendar days
after the waiver was granted.
``Sec. 603. Penalties and injunctions
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 602
shall be fined under title 18, United States Code, imprisoned
for not more than 1 year, or both.
``(2) Willful violations.--Any person who willfully
violates section 602 shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
``(b) Civil Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates, or whom the Attorney General
has reason to believe is engaging in conduct that violates,
section 602.
``(2) Civil penalty.--
``(A) In general.--If the court finds by a preponderance of
the evidence that a person violated section 602, the court
shall impose a civil penalty of not more than the greater
of--
``(i) $100,000 for each violation; or
``(ii) the amount of compensation the person received or
was offered for the conduct constituting the violation.
``(B) Rule of construction.--A civil penalty under this
subsection may be in addition to any other criminal or civil
statutory, common law, or administrative remedy available to
the United States or any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought under
paragraph (1) against a person, the Attorney General may
petition the court for an order prohibiting the person from
engaging in conduct that violates section 602.
``(B) Standard.--The court may issue an order under
subparagraph (A) if the court finds by a preponderance of the
evidence that the conduct of the person violates section 602.
``(C) Rule of construction.--The filing of a petition
seeking injunctive relief under this paragraph shall not
preclude any other remedy that is available by law to the
United States or any other person.''.
SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING
EMPLOYMENT FROM GOVERNMENT CONTRACTORS.
(a) Expansion of Prohibition on Acceptance by Former
Officials of Compensation From Contractors.--Section 2104 of
title 41, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or consultant'' and inserting ``attorney,
consultant, subcontractor, or lobbyist''; and
(ii) by striking ``one year'' and inserting ``2 years'';
and
(B) in paragraph (3), by striking ``personally made for the
Federal agency'' and inserting ``participated personally and
substantially in''; and
(2) by striking subsection (b) and inserting the following:
``(b) Prohibition on Compensation From Affiliates and
Subcontractors.--A former official responsible for a
Government contract referred to in paragraph (1), (2), or (3)
of subsection (a) may not accept compensation for 2 years
after awarding the contract from any division, affiliate, or
subcontractor of the contractor.''.
(b) Requirement for Procurement Officers to Disclose Job
Offers Made on Behalf of Relatives.--Section 2103(a) of title
41, United States Code, is amended in the matter preceding
paragraph (1) by inserting after ``that official'' the
following: ``, or for a relative (as defined in section 3110
of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of division B of subtitle I of
title 41, United States Code, is amended by adding at the end
the following new section:
``Sec. 2108. Prohibition on involvement by certain former
contractor employees in procurements
``An employee of the Federal Government may not participate
personally and substantially in any award of a contract to,
or the administration of a contract awarded to, a contractor
that is a former employer of the employee during the 2-year
period beginning on the date on which the employee leaves the
employment of the contractor.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 21 of title 41, United States Code, is
amended by adding at the end the following new item:
``2108. Prohibition on involvement by certain former contractor
employees in procurements.''.
(d) Regulations.--The Director of the Office of Government
Ethics, in consultation with the Administrator of General
Services, shall promulgate regulations to carry out and
ensure the enforcement of chapter 21 of title 41, United
States Code, as amended by this section.
(e) Monitoring and Compliance.--The Administrator of
General Services, in consultation with designated agency
ethics officials (as that term is defined in section 109(3)
of the Ethics in Government Act of 1978 (5 U.S.C. App.)),
shall monitor compliance with such chapter 21 by individuals
and agencies.
SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING
INTO THE PRIVATE SECTOR.
(a) In General.--Subsection (c) of section 207 of title 18,
United States Code, is amended--
(1) in the subsection heading, by striking ``One-year'' and
inserting ``Two-year'';
(2) in paragraph (1), by striking ``1 year'' in each
instance and inserting ``2 years''; and
(3) in paragraph (2)(B), by striking ``1-year'' and
inserting ``2-year''.
(b) Application.--The amendments made by subsection (a)
shall apply to any individual covered by subsection (c) of
section 207 of title 18, United States Code, separating from
the civil service on or after the date of enactment of this
Act.
Subtitle B--Presidential Conflicts of Interest
SEC. 8011. SHORT TITLE.
This subtitle may be cited as the ``Presidential Conflicts
of Interest Act of 2019''.
SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE
PRESIDENT AND VICE PRESIDENT THAT POSE A
POTENTIAL CONFLICT OF INTEREST.
(a) In General.--The Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by adding after title VI (as added by
section 8003) the following:
``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE
PRESIDENT AND VICE PRESIDENT
``Sec. 701. Divestiture of financial interests posing a
conflict of interest
``(a) Applicability to the President and Vice-president.--
The President and Vice-President shall, within 30 days of
assuming office, divest of all financial interests that pose
a conflict of interest because the President or Vice
President, the spouse, dependent child, or general partner of
the President or Vice President, or any person or
organization with whom the President or Vice President is
negotiating or has any arrangement concerning prospective
employment, has a financial interest, by--
``(1) converting each such interest to cash or other
investment that meets the criteria established by the
Director of the Office of Government Ethics through
regulation as being an interest so remote or inconsequential
as not to pose a conflict; or
``(2) placing each such interest in a qualified blind trust
as defined in section 102(f)(3) or a diversified trust under
section 102(f)(4)(B).
``(b) Disclosure Exemption.--Subsection (a) shall not apply
if the President or Vice President complies with section
102.''.
(b) Additional Disclosures.--Section 102(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended by
adding at the end the following:
``(9) With respect to any such report filed by the
President or Vice President, for any corporation, company,
firm, partnership, or other business enterprise in which the
President, Vice President, or the spouse or dependent child
of the President or Vice President, has a significant
financial interest--
``(A) the name of each other person who holds a significant
financial interest in the firm, partnership, association,
corporation, or other entity;
``(B) the value, identity, and category of each liability
in excess of $10,000; and
``(C) a description of the nature and value of any assets
with a value of $10,000 or more.''.
(c) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of
Government Ethics
[[Page H2472]]
shall promulgate regulations to define the criteria required
by section 701(a)(1) of the Ethics in Government Act of 1978
(as added subsection (a)) and the term ``significant
financial interest'' for purposes of section 102(a)(9) of the
Ethics in Government Act (as added by subsection (b)).
SEC. 8013. INITIAL FINANCIAL DISCLOSURE.
Subsection (a) of section 101 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended by striking
``position'' and adding at the end the following: ``position,
with the exception of the President and Vice President, who
must file a new report.''.
SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States
Code, is amended--
(1) in the section heading, by inserting ``the President,
Vice President, or a'' after ``Contracts by''; and
(2) in the first undesignated paragraph, by inserting ``the
President or Vice President,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
Subtitle C--White House Ethics Transparency
SEC. 8021. SHORT TITLE.
This subtitle may be cited as the ``White House Ethics
Transparency Act of 2019''.
SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING
TO ETHICS REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of
law, not later than 30 days after an officer or employee
issues or approves a waiver or authorization pursuant to
section 3 of Executive Order 13770 (82 6 Fed. Reg. 9333), or
any subsequent similar order, such officer or employee
shall--
(1) transmit a written copy of such waiver or authorization
to the Director of the Office of Government Ethics; and
(2) make a written copy of such waiver or authorization
available to the public on the website of the employing
agency of the covered employee.
(b) Retroactive Application.--In the case of a waiver or
authorization described in subsection (a) issued during the
period beginning on January 20, 2017, and ending on the date
of enactment of this Act, the issuing officer or employee of
such waiver or authorization shall comply with the
requirements of paragraphs (1) and (2) of such subsection not
later than 30 days after the date of enactment of this Act.
(c) Office of Government Ethics Public Availability.--Not
later than 30 days after receiving a written copy of a waiver
or authorization under subsection (a)(1), the Director of the
Office of Government Ethics shall make such waiver or
authorization available to the public on the website of the
Office of Government Ethics.
(d) Definition of Covered Employee.--In this section, the
term ``covered employee''--
(1) means a non-career Presidential or Vice Presidential
appointee, non-career appointee in the Senior Executive
Service (or other SES-type system), or an appointee to a
position that has been excepted from the competitive service
by reason of being of a confidential or policymaking
character (Schedule C and other positions excepted under
comparable criteria) in an executive agency; and
(2) does not include any individual appointed as a member
of the Senior Foreign Service or solely as a uniformed
service commissioned officer.
Subtitle D--Executive Branch Ethics Enforcement
SEC. 8031. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch
Comprehensive Ethics Enforcement Act of 2019''.
SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT
ETHICS.
Section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking ``fiscal year 2007'' and
inserting ``fiscal years 2019 through 2023.''.
SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT
ETHICS.
Section 401(b) of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by striking the period at the end and
inserting ``, subject to removal only for inefficiency,
neglect of duty, or malfeasance in office. The Director may
continue to serve beyond the expiration of the term until a
successor is appointed and has qualified, except that the
Director may not continue to serve for more than one year
after the date on which the term would otherwise expire under
this subsection.''.
SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT
ETHICS.
(a) In General.--Section 402(a) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended in paragraph (1) by
striking ``, in consultation with the Office of Personnel
Management,''.
(b) Responsibilities of the Director.--Section 402(b) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1)--
(A) by striking ``developing, in consultation with the
Attorney General and the Office of Personnel Management,
rules and regulations to be promulgated by the President or
the Director'' and inserting ``developing and promulgating
rules and regulations''; and
(B) by striking ``title II'' and inserting ``title I'';
(2) by striking paragraph (2) and inserting the following:
``(2) providing mandatory education and training programs
for designated agency ethics officials, which may be
delegated to each agency or the White House Counsel as deemed
appropriate by the Director;'';
(3) in paragraph (3), by striking ``title II'' and
inserting ``title I'';
(4) in paragraph (4), by striking ``problems'' and
inserting ``issues'';
(5) in paragraph (6)--
(A) by striking ``issued by the President or the
Director''; and
(B) by striking ``problems'' and inserting ``issues'';
(6) in paragraph (7)--
(A) by striking ``, when requested,''; and
(B) by striking ``conflict of interest problems'' and
inserting ``conflicts of interest, as well as other ethics
issues'';
(7) in paragraph (9)--
(A) by striking ``ordering'' and inserting ``receiving
allegations of violations of this Act or regulations of the
Office of Government Ethics and, when necessary,
investigating an allegation to determine whether a violation
occurred, and ordering''; and
(B) by inserting before the semi-colon the following: ``,
and recommending appropriate disciplinary action'';
(8) in paragraph (12)--
(A) by striking ``evaluating, with the assistance of'' and
inserting ``promulgating, with input from'';
(B) by striking ``the need for'';
(C) by striking ``conflict of interest and ethical
problems'' and inserting ``conflict of interest and ethics
issues'';
(9) in paragraph (13)--
(A) by striking ``with the Attorney General'' and inserting
``with the Inspectors General and the Attorney General'';
(B) by striking ``violations of the conflict of interest
laws'' and inserting ``conflict of interest issues and
allegations of violations of ethics laws and regulations and
this Act''; and
(C) by striking ``, as required by section 535 of title 28,
United States Code'';
(10) in paragraph (14), by striking ``and'' at the end;
(11) in paragraph (15)--
(A) by striking ``, in consultation with the Office of
Personnel Management,'';
(B) by striking ``title II'' and inserting ``title I''; and
(C) by striking the period at the end and inserting a
semicolon; and
(12) by adding at the end the following:
``(16) directing and providing final approval, when
determined appropriate by the Director, for designated agency
ethics officials regarding the resolution of conflicts of
interest as well as any other ethics issues under the purview
of this Act in individual cases; and
``(17) reviewing and approving, when determined appropriate
by the Director, any recusals, exemptions, or waivers from
the conflicts of interest and ethics laws, rules, and
regulations and making approved recusals, exemptions, and
waivers made publicly available by the relevant agency
available in a central location on the official website of
the Office of Government Ethics.''.
(c) Written Procedures.--Paragraph (1) of section 402(d) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(1) by striking ``, by the exercise of any authority
otherwise available to the Director under this title,'';
(2) by striking ``the agency is''; and
(3) by inserting after ``filed by'' the following: ``, or
written documentation of recusals, waivers, or ethics
authorizations relating to,''.
(d) Corrective Actions.--Section 402(f) of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) in clause (i) of subparagraph (A), by striking ``of
such agency''; and
(B) in subparagraph (B), by inserting at the end ``and
determine that a violation of this Act has occurred and issue
appropriate administrative or legal remedies as prescribed in
paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii)--
(I) in subclause (I)--
(aa) by inserting ``to the President or the President's
designee if the matter involves employees of the Executive
Office of the President or'' after ``may recommend'';
(bb) by striking ``and'' at the end; and
(II) in subclause (II)--
(aa) by inserting ``President or'' after ``determines that
the''; and
(bb) by adding ``and'' at the end;
(ii) in subclause (II) of clause (iii)--
(I) by striking ``notify, in writing,'' and inserting
``advise the President or order'';
(II) by inserting ``to take appropriate disciplinary action
including reprimand, suspension, demotion, or dismissal
against the officer or employee (provided, however, that any
order issued by the Director shall not affect an employee's
right to appeal a disciplinary action under applicable law,
regulation, collective bargaining agreement, or contractual
provision)'' after ``employee's agency''; and
(III) by striking ``of the officer's or employee's
noncompliance, except that, if the
[[Page H2473]]
officer or employee involved is the agency head, the
notification shall instead be submitted to the President and
Congress and''; and
(iii) by striking clause (iv);
(B) in subparagraph (B)(i)--
(i) by striking ``subparagraph (A)(iii) or (iv)'' and
inserting ``subparagraph (A)'';
(ii) by inserting ``(I)'' before ``In order to''; and
(iii) by adding at the end the following:
``(II)(aa) The Director may secure directly from any agency
information necessary to enable the Director to carry out
this Act. Upon request of the Director, the head of such
agency shall furnish that information to the Director.
``(bb) The Director may require by subpoena the production
of all information, documents, reports, answers, records,
accounts, papers, and other data in any medium and
documentary evidence necessary in the performance of the
functions assigned by this Act, which subpoena, in the case
of refusal to obey, shall be enforceable by order of any
appropriate United States district court.'';
(C) in subparagraph (B)(ii)(I)--
(i) by striking ``Subject to clause (iv) of this
subparagraph, before'' and inserting ``Before''; and
(ii) by striking ``subparagraphs (A) (iii) or (iv)'' and
inserting ``subparagraph (A)(iii)'';
(D) in subparagraph (B)(iii), by striking ``Subject to
clause (iv) of this subparagraph, before'' and inserting
``Before''; and
(E) in subparagraph (B)(iv)--
(i) by striking ``title 2'' and inserting ``title I''; and
(ii) by striking ``section 206'' and inserting ``section
106''; and
(3) in paragraph (4), by striking ``(iv),''.
(e) Definitions.--Section 402 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended by adding at the end
the following:
``(g) For purposes of this title--
``(1) the term `agency' shall include the Executive Office
of the President; and
``(2) the term `officer or employee' shall include any
individual occupying a position, providing any official
services, or acting in an advisory capacity, in the White
House or the Executive Office of the President.
``(h) In this title, a reference to the head of an agency
shall include the President or the President's designee.
``(i) The Director shall not be required to obtain the
prior approval, comment, or review of any officer or agency
of the United States, including the Office of Management and
Budget, before submitting to Congress, or any committee or
subcommittee thereof, any information, reports,
recommendations, testimony, or comments, if such submissions
include a statement indicating that the views expressed
therein are those of the Director and do not necessarily
represent the views of the President.''.
SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.
(a) In General.--Section 403 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a), by adding a period at the end of the
matter following paragraph (2); and
(2) by adding at the end the following:
``(c)(1) All designated agency ethics officials and
alternate designated agency ethics officials shall register
with the Director as well as with the appointing authority of
the official.
``(2) The Director shall provide ethics education and
training to all designated and alternate designated agency
ethics officials in a time and manner deemed appropriate by
the Director.
``(3) Each designated agency ethics official and each
alternate designated agency ethics official shall biannually
attend ethics education and training, as provided by the
Director under paragraph (2).
``(d) Each Designated Agency Ethics Official, including the
Designated Agency Ethics Official for the Executive Office of
the President--
``(1) shall provide to the Director, in writing, in a
searchable, sortable, and downloadable format, all approvals,
authorizations, certifications, compliance reviews,
determinations, directed divestitures, public financial
disclosure reports, notices of deficiency in compliance,
records related to the approval or acceptance of gifts,
recusals, regulatory or statutory advisory opinions, waivers,
including waivers under section 207 or 208 of title 18,
United States Code, and any other records designated by the
Director, unless disclosure is prohibited by law;
``(2) shall, for all information described in paragraph (1)
that is permitted to be disclosed to the public under law,
make the information available to the public by publishing
the information on the website of the Office of Government
Ethics, providing a link to download an electronic copy of
the information, or providing printed paper copies of such
information to the public; and
``(3) may charge a reasonable fee for the cost of providing
paper copies of the information pursuant to paragraph (2).
``(e)(1) For all information that is provided by an agency
to the Director under paragraph (1) of subsection (d), the
Director shall make the information available to the public
in a searchable, sortable, downloadable format by publishing
the information on the website of the Office of Government
Ethics or providing a link to download an electronic copy of
the information.
``(2) The Director may, upon request, provide printed paper
copies of the information published under paragraph (1) and
charge a reasonable fee for the cost of printing such
copies.''.
(b) Repeal.--Section 408 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is hereby repealed.
Subtitle E--Conflicts From Political Fundraising
SEC. 8041. SHORT TITLE.
This subtitle may be cited as the ``Conflicts from
Political Fundraising Act of 2019''.
SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.
(a) Definitions.--Section 109 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraphs (2) through (19) as
paragraphs (5) through (22), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) `covered contribution' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of
value--
``(A)(i) that--
``(I) is--
``(aa) made by or on behalf of a covered individual; or
``(bb) solicited in writing by or at the request of a
covered individual; and
``(II) is made--
``(aa) to a political organization, as defined in section
527 of the Internal Revenue Code of 1986; or
``(bb) to an organization--
``(AA) that is described in paragraph (4) or (6) of section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; and
``(BB) that promotes or opposes changes in Federal laws or
regulations that are (or would be) administered by the agency
in which the covered individual has been nominated for
appointment to a covered position or is serving in a covered
position; or
``(ii) that is--
``(I) solicited in writing by or on behalf of a covered
individual; and
``(II) made--
``(aa) by an individual or entity the activities of which
are subject to Federal laws or regulations that are (or would
be) administered by the agency in which the covered
individual has been nominated for appointment to a covered
position or is serving in a covered position; and
``(bb) to--
``(AA) a political organization, as defined in section 527
of the Internal Revenue Code of 1986; or
``(BB) an organization that is described in paragraph (4)
or (6) of section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code; and
``(B) that is made to an organization described in item
(aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of
subparagraph (A) for which the total amount of such payments,
advances, forbearances, renderings, or deposits of money, or
any thing of value, during the calendar year in which it is
made is not less than the contribution limitation in effect
under section 315(a)(1)(A) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections
occurring during such calendar year;
``(3) `covered individual' means an individual who has been
nominated or appointed to a covered position; and
``(4) `covered position'--
``(A) means--
``(i) a position described under sections 5312 through 5316
of title 5, United States Code;
``(ii) a position placed in level IV or V of the Executive
Schedule under section 5317 of title 5, United States Code;
``(iii) a position as a limited term appointee, limited
emergency appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5), (6), and
(7), respectively, of section 3132(a) of title 5, United
States Code; and
``(iv) a position in the executive branch of the Government
of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations; and
``(B) does not include a position if the individual serving
in the position has been excluded from the application of
section 101(f)(5);''.
(b) Disclosure Requirements.--The Ethics in Government Act
of 1978 (5 U.S.C. App.) is amended--
(1) in section 101--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Within'';
(ii) by striking ``unless'' and inserting ``and, if the
individual is assuming a covered position, the information
described in section 102(j), except that, subject to
paragraph (2), the individual shall not be required to file a
report if''; and
(iii) by adding at the end the following:
``(2) If an individual has left a position described in
subsection (f) that is not a covered position and, within 30
days, assumes a position that is a covered position, the
individual shall, within 30 days of assuming the covered
position, file a report containing the information described
in section 102(j)(2)(A).'';
(B) in subsection (b)(1), in the first sentence, by
inserting ``and the information required by section 102(j)''
after ``described in section 102(b)'';
(C) in subsection (d), by inserting ``and, if the
individual is serving in a covered position, the information
required by section 102(j)(2)(A)'' after ``described in
section 102(a)''; and
[[Page H2474]]
(D) in subsection (e), by inserting ``and, if the
individual was serving in a covered position, the information
required by section 102(j)(2)(A)'' after ``described in
section 102(a)''; and
(2) in section 102--
(A) in subsection (g), by striking ``Political campaign
funds'' and inserting ``Except as provided in subsection (j),
political campaign funds''; and
(B) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to a report filed pursuant to subsection
(a) or (b) of section 101, the year of filing and the 4
calendar years preceding the year of the filing; and
``(ii) with respect to a report filed pursuant to
subsection (d) or (e) of section 101, the preceding calendar
year; and
``(B) the term `covered gift' means a gift that--
``(i) is made to a covered individual, the spouse of a
covered individual, or the dependent child of a covered
individual;
``(ii) is made by an entity described in item (aa) or (bb)
of section 109(2)(A)(i)(II); and
``(iii) would have been required to be reported under
subsection (a)(2) if the covered individual had been required
to file a report under section 101(d) with respect to the
calendar year during which the gift was made.
``(2)(A) A report filed pursuant to subsection (a), (b),
(d), or (e) of section 101 by a covered individual shall
include, for each covered contribution during the applicable
period--
``(i) the date on which the covered contribution was made;
``(ii) if applicable, the date or dates on which the
covered contribution was solicited;
``(iii) the value of the covered contribution;
``(iv) the name of the person making the covered
contribution; and
``(v) the name of the person receiving the covered
contribution.
``(B)(i) Subject to clause (ii), a covered contribution
made by or on behalf of, or that was solicited in writing by
or on behalf of, a covered individual shall constitute a
conflict of interest, or an appearance thereof, with respect
to the official duties of the covered individual.
``(ii) The Director of the Office of Government Ethics may
exempt a covered contribution from the application of clause
(i) if the Director determines the circumstances of the
solicitation and making of the covered contribution do not
present a risk of a conflict of interest and the exemption of
the covered contribution would not affect adversely the
integrity of the Government or the public's confidence in the
integrity of the Government.
``(3) A report filed pursuant to subsection (a) or (b) of
section 101 by a covered individual shall include the
information described in subsection (a)(2) with respect to
each covered gift received during the applicable period.''.
(c) Provision of Reports and Ethics Agreements to
Congress.--Section 105 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(e) Not later than 30 days after receiving a written
request from the Chairman or Ranking Member of a committee or
subcommittee of either House of Congress, the Director of the
Office of Government Ethics shall provide to the Chairman and
Ranking Member each report filed under this title by the
covered individual and any ethics agreement entered into
between the agency and the covered individual.''.
(d) Rules on Ethics Agreements.--The Director of the Office
of Government Ethics shall promptly issue rules regarding how
an agency in the executive branch shall address information
required to be disclosed under the amendments made by this
subtitle in drafting ethics agreements between the agency and
individuals appointed to positions in the agency.
(e) Technical and Conforming Amendments.--
(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(A) in section 101(f)--
(i) in paragraph (9), by striking ``section 109(12)'' and
inserting ``section 109(15)'';
(ii) in paragraph (10), by striking ``section 109(13)'' and
inserting ``section 109(16)'';
(iii) in paragraph (11), by striking ``section 109(10)''
and inserting ``section 109(13)''; and
(iv) in paragraph (12), by striking ``section 109(8)'' and
inserting ``section 109(11)'';
(B) in section 103(l)--
(i) in paragraph (9), by striking ``section 109(12)'' and
inserting ``section 109(15)''; and
(ii) in paragraph (10), by striking ``section 109(13)'' and
inserting ``section 109(16)''; and
(C) in section 105(b)(3)(A), by striking ``section 109(8)
or 109(10)'' and inserting ``section 109(11) or 109(13)''.
(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13)'' and inserting ``section 109(16)''.
(3) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking ``section
109(11) of the Ethics in Government Act of 1978 (5 U.S.C.
App. 109(11)))'' and inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.))''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``section 109(8) of
the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))''
and inserting ``section 109 of the Ethics in Government Act
of 1978 (5 U.S.C. App.)''; and
(ii) in subparagraph (C), by striking ``section 109(10) of
the Ethics in Government Act of 1978 (5 U.S.C. App.
109(10))'' and inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''.
(4) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16)
of the Ethics in Government Act of 1978'' and inserting
``section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.)''.
Subtitle F--Transition Team Ethics
SEC. 8051. SHORT TITLE.
This subtitle may be cited as the ``Transition Team Ethics
Improvement Act''.
SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note)
is amended--
(1) in section 3(f), by adding at the end the following:
``(3) Not later than 10 days after submitting an
application for a security clearance for any individual, and
not later than 10 days after any such individual is granted a
security clearance (including an interim clearance), each
eligible candidate (as that term is described in subsection
(h)(4)(A)) or the President-elect (as the case may be) shall
submit a report containing the name of such individual to the
Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.'';
(2) in section 4--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and'' at the end;
(ii) by redesignating paragraph (4) as paragraph (5); and
(iii) by inserting after paragraph (3) the following:
``(4) the term `nonpublic information'--
``(A) means information from the Federal Government that a
transition team member obtains as part of the employment of
such member that the member knows or reasonably should know
has not been made available to the general public; and
``(B) includes information that has not been released to
the public that a transition team member knows or reasonably
should know--
``(i) is exempt from disclosure under section 552 of title
5, United States Code, or otherwise protected from disclosure
by law; and
``(ii) is not authorized by the appropriate agency or
official to be released to the public; and''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``November'' and
inserting ``October''; and
(ii) by adding at the end the following:
``(3) Ethics plan.--
``(A) In general.--Each memorandum of understanding under
paragraph (1) shall include an agreement that the eligible
candidate will implement and enforce an ethics plan to guide
the conduct of the transition beginning on the date on which
the eligible candidate becomes the President-elect.
``(B) Contents.--The ethics plan shall include, at a
minimum--
``(i) a description of the ethics requirements that will
apply to all transition team members, including specific
requirements for transition team members who will have access
to nonpublic or classified information;
``(ii) a description of how the transition team will--
``(I) address the role on the transition team of--
``(aa) registered lobbyists under the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were
formerly registered lobbyists under that Act;
``(bb) persons registered under the Foreign Agents
Registration Act, as amended (22 U.S.C. 611 et seq.), foreign
nationals, and other foreign agents; and
``(cc) transition team members with sources of income or
clients that are not disclosed to the public;
``(II) prohibit a transition team member with personal
financial conflicts of interest as described in section 208
of title 18, United States Code, from working on particular
matters involving specific parties that affect the interests
of such member; and
``(III) address how the covered eligible candidate will
address their own personal financial conflicts of interest
during a Presidential term if the covered eligible candidate
becomes the President-elect;
``(iii) a Code of Ethical Conduct, to which each transition
team member will sign and be subject to, that reflects the
content of the ethics plans under this paragraph and at a
minimum requires each transition team member to--
``(I) seek authorization from transition team leaders or
their designees before seeking, on behalf of the transition,
access to any nonpublic information;
``(II) keep confidential any nonpublic information provided
in the course of the duties of the member with the transition
and exclusively use such information for the purposes of the
transition; and
``(III) not use any nonpublic information provided in the
course of transition duties, in any manner, for personal or
private gain for the member or any other party at any time
during or after the transition; and
``(iv) a description of how the transition team will
enforce the Code of Ethical Conduct, including the names of
the transition team members responsible for enforcement,
oversight, and compliance.
[[Page H2475]]
``(C) Publicly available.--The transition team shall make
the ethics plan described in this paragraph publicly
available on the website of the General Services
Administration the earlier of--
``(i) the day on which the memorandum of understanding is
completed; or
``(ii) October 1.''; and
(3) in section 6(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) a list of all positions each transition team member
has held outside the Federal Government for the previous 12-
month period, including paid and unpaid positions;
``(D) sources of compensation for each transition team
member exceeding $5,000 a year for the previous 12-month
period;
``(E) a description of the role of each transition team
member, including a list of any policy issues that the member
expects to work on, and a list of agencies the member expects
to interact with, while serving on the transition team;
``(F) a list of any issues from which each transition team
member will be recused while serving as a member of the
transition team pursuant to the transition team ethics plan
outlined in section 4(g)(3); and
``(G) an affirmation that no transition team member has a
financial conflict of interest that precludes the member from
working on the matters described in subparagraph (E).'';
(B) in paragraph (2), by inserting ``not later than 2
business days'' after ``public''; and
(C) by adding at the end the following:
``(3) The head of a Federal department or agency, or their
designee, shall not permit access to the Federal department
or agency, or employees of such department or agency, that
would not be provided to a member of the public for any
transition team member who does not make the disclosures
listed under paragraph (1).''.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
SEC. 8061. SHORT TITLE.
This subtitle may be cited as the ``Ethics in Public
Service Act''.
SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE
BRANCH EMPLOYEES.
The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et
seq.) is amended by inserting after title I the following new
title:
``TITLE II--ETHICS PLEDGE
``SEC. 201. DEFINITIONS.
``For the purposes of this title, the following definitions
apply:
``(1) The term `executive agency' has the meaning given
that term in section 105 of title 5, United States Code, and
includes the Executive Office of the President, the United
States Postal Service, and Postal Regulatory Commission, but
does not include the Government Accountability Office.
``(2) The term `appointee' means any noncareer Presidential
or Vice-Presidential appointee, noncareer appointee in the
Senior Executive Service (or other SES-type system), or
appointee to a position that has been excepted from the
competitive service by reason of being of a confidential or
policymaking character (Schedule C and other positions
excepted under comparable criteria) in an executive agency,
but does not include any individual appointed as a member of
the Senior Foreign Service or solely as a uniformed service
commissioned officer.
``(3) The term `gift'--
``(A) has the meaning given that term in section
2635.203(b) of title 5, Code of Federal Regulations (or any
successor regulation); and
``(B) does not include those items excluded by sections
2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such
title 5.
``(4) The term `covered executive branch official' and
`lobbyist' have the meanings given those terms in section 3
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
``(5) The term `registered lobbyist or lobbying
organization' means a lobbyist or an organization filing a
registration pursuant to section 4(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of
an organization filing such a registration, `registered
lobbyist' includes each of the lobbyists identified therein.
``(6) The term `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(7) The term `former employer'--
``(A) means a person or entity for whom an appointee served
as an employee, officer, director, trustee, partner, agent,
attorney, consultant, or contractor during the 2-year period
ending on the date before the date on which the covered
employee begins service in the Federal Government; and
``(B) does not include--
``(i) an agency or instrumentality of the Federal
Government;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304); or
``(v) the government of a territory or possession of the
United States.
``(8) The term `former client' means a person or entity for
whom an appointee served personally as agent, attorney, or
consultant during the 2-year period ending on the date before
the date on which the covered employee begins service in the
Federal Government, but does not include an agency or
instrumentality of the Federal Government;
``(9) The term `directly and substantially related to my
former employer or former clients' means matters in which the
appointee's former employer or a former client is a party or
represents a party.
``(10) The term `participate' means to participate
personally and substantially.
``(11) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18,
United States Code, and the implementing regulations.
``(12) The term `Government official' means any employee of
the executive branch.
``(13) The term `Administration' means all terms of office
of the incumbent President serving at the time of the
appointment of an appointee covered by this title.
``(14) The term `pledge' means the ethics pledge set forth
in section 202 of this title.
``(15) All references to provisions of law and regulations
shall refer to such provisions as in effect on the date of
enactment of this title.
``SEC. 202. ETHICS PLEDGE.
``Each appointee in every executive agency appointed on or
after the date of enactment of this section shall be required
to sign an ethics pledge upon appointment. The pledge shall
be signed and dated within 30 days of taking office and shall
include, at a minimum, the following elements:
`` `As a condition, and in consideration, of my employment
in the United States Government in a position invested with
the public trust, I commit myself to the following
obligations, which I understand are binding on me and are
enforceable under law:
`` `(1) Lobbyist Gift Ban.--I will not accept gifts from
registered lobbyists or lobbying organizations for the
duration of my service as an appointee.
`` `(2) Revolving Door Ban; Entering Government.--
`` `(A) All Appointees Entering Government.--I will not,
for a period of 2 years from the date of my appointment,
participate in any particular matter involving specific party
or parties that is directly and substantially related to my
former employer or former clients, including regulations and
contracts.
`` `(B) Lobbyists Entering Government.--If I was a
registered lobbyist within the 2 years before the date of my
appointment, in addition to abiding by the limitations of
subparagraph (A), I will not for a period of 2 years after
the date of my appointment:
`` `(i) participate in any particular matter on which I
lobbied within the 2 years before the date of my appointment;
`` `(ii) participate in the specific issue area in which
that particular matter falls; or
`` `(iii) seek or accept employment with any executive
agency that I lobbied within the 2 years before the date of
my appointment.
`` `(3) Revolving Door Ban; Appointees Leaving
Government.--
`` `(A) All Appointees Leaving Government.--If, upon my
departure from the Government, I am covered by the post-
employment restrictions on communicating with employees of my
former executive agency set forth in section 207(c) of title
18, United States Code, I agree that I will abide by those
restrictions for a period of 2 years following the end of my
appointment.
`` `(B) Appointees Leaving Government to Lobby.--In
addition to abiding by the limitations of subparagraph (A), I
also agree, upon leaving Government service, not to lobby any
covered executive branch official or noncareer Senior
Executive Service appointee for the remainder of the
Administration.
`` `(4) Employment Qualification Commitment.--I agree that
any hiring or other employment decisions I make will be based
on the candidate's qualifications, competence, and
experience.
`` `(5) Assent to Enforcement.--I acknowledge that title II
of the Ethics in Government Act of 1978, which I have read
before signing this document, defines certain of the terms
applicable to the foregoing obligations and sets forth the
methods for enforcing them. I expressly accept the provisions
of that title as a part of this agreement and as binding on
me. I understand that the terms of this pledge are in
addition to any statutory or other legal restrictions
applicable to me by virtue of Federal Government service.'
''.
``SEC. 203. WAIVER.
``(a) The President or the President's designee may grant
to any current or former appointee a written waiver of any
restrictions contained in the pledge signed by such appointee
if, and to the extent that, the President or the President's
designee certifies (in writing) that, in light of all the
relevant circumstances, the interest of the Federal
Government in the employee's participation outweighs the
concern that a reasonable person may question the integrity
of the agency's programs or operations.
``(b) Any waiver under this section shall take effect when
the certification is signed by the President or the
President's designee.
``(c) For purposes of subsection (a)(2), the public
interest shall include exigent circumstances relating to
national security or to the economy. De minimis contact with
an executive agency shall be cause for a waiver of the
restrictions contained in paragraph (2)(B) of the pledge.
``(d) For any waiver granted under this section, the
individual who granted the waiver shall--
[[Page H2476]]
``(1) provide a copy of the waiver to the Director not less
than 48 hours after the waiver is granted; and
``(2) publish the waiver on the website of the applicable
agency within 30 calendar days after granting such waiver.
``(e) Upon receiving a written waiver under subsection (d),
the Director shall--
``(1) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(2) if the Director so objects--
``(A) provide reasons for the objection in writing to the
head of the agency who granted the waiver not less than 15
calendar days after the waiver was granted; and
``(B) publish the written objection on the website of the
Office of Government Ethics not less than 30 calendar days
after the waiver was granted.
``SEC. 204. ADMINISTRATION.
``(a) The head of each executive agency shall, in
consultation with the Director of the Office of Government
Ethics, establish such rules or procedures (conforming as
nearly as practicable to the agency's general ethics rules
and procedures, including those relating to designated agency
ethics officers) as are necessary or appropriate to ensure--
``(1) that every appointee in the agency signs the pledge
upon assuming the appointed office or otherwise becoming an
appointee;
``(2) that compliance with paragraph (2)(B) of the pledge
is addressed in a written ethics agreement with each
appointee to whom it applies;
``(3) that spousal employment issues and other conflicts
not expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
``(4) compliance with this title within the agency.
``(b) With respect to the Executive Office of the
President, the duties set forth in subsection (a) shall be
the responsibility of the Counsel to the President.
``(c) The Director of the Office of Government Ethics
shall--
``(1) ensure that the pledge and a copy of this title are
made available for use by agencies in fulfilling their duties
under subsection (a);
``(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officers in providing advice to current or
former appointees regarding the application of the pledge;
``(3) adopt such rules or procedures as are necessary or
appropriate--
``(A) to carry out the responsibilities assigned by this
subsection;
``(B) to apply the lobbyist gift ban set forth in paragraph
1 of the pledge to all executive branch employees;
``(C) to authorize limited exceptions to the lobbyist gift
ban for circumstances that do not implicate the purposes of
the ban;
``(D) to make clear that no person shall have violated the
lobbyist gift ban if the person properly disposes of a gift;
``(E) to ensure that existing rules and procedures for
Government employees engaged in negotiations for future
employment with private businesses that are affected by their
official actions do not affect the integrity of the
Government's programs and operations; and
``(F) to ensure, in consultation with the Director of the
Office of Personnel Management, that the requirement set
forth in paragraph (4) of the pledge is honored by every
employee of the executive branch;
``(4) in consultation with the Director of the Office of
Management and Budget, report to the President, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs
of the Senate on whether full compliance is being achieved
with existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive
branch can take to expand to the fullest extent practicable
disclosure of such executive branch procurement lobbying and
of lobbying for presidential pardons, and to include in the
report both immediate action the executive branch can take
and, if necessary, recommendations for legislation; and
``(5) provide an annual public report on the administration
of the pledge and this title.
``(d) All pledges signed by appointees, and all waiver
certifications with respect thereto, shall be filed with the
head of the appointee's agency for permanent retention in the
appointee's official personnel folder or equivalent
folder.''.
Subtitle H--Severability
SEC. 8071. SEVERABILITY.
If any provision of this title or any amendment made by
this title, or any application of such provision or amendment
to any person or circumstance, is held to be
unconstitutional, the remainder of the provisions of this
title and the amendments made by this title, and the
application of the provision or amendment to any other person
or circumstance, shall not be affected.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards under
Congressional Accountability Act of 1995 in all cases of
employment discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are registered
lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Severability
Sec. 9401. Severability.
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE
TREASURY FOR AMOUNTS PAID AS SETTLEMENTS AND
AWARDS UNDER CONGRESSIONAL ACCOUNTABILITY ACT
OF 1995 IN ALL CASES OF EMPLOYMENT
DISCRIMINATION ACTS BY MEMBERS.
(a) Requiring Reimbursement.--Clause (i) of section
415(d)(1)(C) of the Congressional Accountability Act of 1995
(2 U.S.C. 1415(d)(1)(C)), as amended by section 111(a) of the
Congressional Accountability Act of 1995 Reform Act, is
amended to read as follows:
``(i) a violation of section 201(a) or section 206(a);
or''.
(b) Conforming Amendment Relating to Notification of
Possibility of Reimbursement.--Clause (i) of section
402(b)(2)(B) of the Congressional Accountability Act of 1995
(2 U.S.C. 1402(b)(2)(B)), as amended by section 102(a) of the
Congressional Accountability Act of 1995 Reform Act, is
amended to read as follows:
``(i) a violation of section 201(a) or section 206(a);
or''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
Congressional Accountability Act of 1995 Reform Act.
Subtitle B--Conflicts of Interests
SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES
FROM SERVING ON BOARDS OF FOR-PROFIT ENTITIES.
Rule XXIII of the Rules of the House of Representatives is
amended--
(1) by redesignating clause 19 as clause 20; and
(2) by inserting after clause 18 the following new clause:
``9. A Member, Delegate, or Resident Commissioner may not
serve on the board of directors of any for-profit entity.''.
SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS
AND CONGRESSIONAL STAFF.
No Member, officer, or employee of a committee or Member of
either House of Congress may knowingly use his or her
official position to introduce or aid the progress or passage
of legislation, a principal purpose of which is to further
only his or her pecuniary interest, only the pecuniary
interest of his or her immediate family, or only the
pecuniary interest of a limited class of persons or
enterprises, when he or she, or his or her immediate family,
or enterprises controlled by them, are members of the
affected class.
SEC. 9103. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle are enacted by the
Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
Subtitle C--Campaign Finance and Lobbying Disclosure
SEC. 9201. SHORT TITLE.
This subtitle may be cited as the ``Connecting Lobbyists
and Electeds for Accountability and Reform Act'' or the
``CLEAR Act''.
[[Page H2477]]
SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH
FEDERAL ELECTION COMMISSION OF PERSONS WHO ARE
REGISTERED LOBBYISTS.
(a) Reports Filed by Political Committees.--Section 304(b)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if any person identified in subparagraph (A), (E),
(F), or (G) of paragraph (3) is a registered lobbyist under
the Lobbying Disclosure Act of 1995, a separate statement
that such person is a registered lobbyist under such Act.''.
(b) Reports Filed by Persons Making Independent
Expenditures.--Section 304(c)(2) of such Act (52 U.S.C.
30104(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) if the person filing the statement, or a person whose
identification is required to be disclosed under subparagraph
(C), is a registered lobbyist under the Lobbying Disclosure
Act of 1995, a separate statement that such person is a
registered lobbyist under such Act.''.
(c) Reports Filed by Persons Making Disbursements for
Electioneering Communications.--Section 304(f)(2) of such Act
(52 U.S.C. 30104(f)(2)) is amended by adding at the end the
following new subparagraph:
``(G) If the person making the disbursement, or a
contributor described in subparagraph (E) or (F), is a
registered lobbyist under the Lobbying Disclosure Act of
1995, a separate statement that such person or contributor is
a registered lobbyist under such Act.''.
(d) Requiring Commission to Establish Link to Websites of
Clerk of House and Secretary of Senate.--Section 304 of such
Act (52 U.S.C. 30104), as amended by section 4308(a), is
amended by adding at the end the following new subsection:
``(k) Requiring Information on Registered Lobbyists to Be
Linked to Websites of Clerk of House and Secretary of
Senate.--
``(1) Links to websites.--The Commission shall ensure that
the Commission's public database containing information
described in paragraph (2) is linked electronically to the
websites maintained by the Secretary of the Senate and the
Clerk of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995.
``(2) Information described.--The information described in
this paragraph is each of the following:
``(A) Information disclosed under paragraph (9) of
subsection (b).
``(B) Information disclosed under subparagraph (D) of
subsection (c)(2).
``(C) Information disclosed under subparagraph (G) of
subsection (f)(2).''.
SEC. 9203. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with
respect to reports required to be filed under the Federal
Election Campaign Act of 1971 on or after the expiration of
the 90-day period which begins on the date of the enactment
of this Act.
Subtitle D--Access to Congressionally Mandated Reports
SEC. 9301. SHORT TITLE.
This subtitle may be cited as the ``Access to
Congressionally Mandated Reports Act''.
SEC. 9302. DEFINITIONS.
In this subtitle:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required to be submitted to
either House of Congress or any committee of Congress, or
subcommittee thereof, by a statute, resolution, or conference
report that accompanies legislation enacted into law; and
(B) does not include a report required under part B of
subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government
Accountability Office.
(4) Open format.--The term ``open format'' means a file
format for storing digital data based on an underlying open
standard that--
(A) is not encumbered by any restrictions that would impede
reuse; and
(B) is based on an underlying open data standard that is
maintained by a standards organization.
(5) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
(3)(a).
SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY
MANDATED REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain an online portal accessible by the public that
allows the public to obtain electronic copies of all
congressionally mandated reports in one place. The Director
may publish other reports on the online portal.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with the Clerk of the House of
Representatives, the Secretary of the Senate, and the
Librarian of Congress regarding the requirements for and
maintenance of congressionally mandated reports on the
reports online portal.
(b) Content and Function.--The Director shall ensure that
the reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute, conference report, or
resolution requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an open
format that is platform independent and that is available to
the public without restrictions, including restrictions that
would impede the re-use of the information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving the report, if
applicable.
(v) The statute, resolution, or conference report requiring
the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the report that
is consistent across report editions.
(viii) The serial number, Superintendent of Documents
number, or other identification number for the report, if
applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified by the
Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to the
reports online portal.
(E) Access to the report not later than 30 calendar days
after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by section 4.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such reports
were required to be submitted; and
(C) reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses (i), (ii), (iv),
and (v) of subsection (b)(1)(C); and
(ii) the date on which the report was required to be
submitted; and
(B) include the congressionally mandated report on the list
described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that is not in an
open format, the Director shall include the congressionally
mandated report in another format on the reports online
portal.
(d) Free Access.--The Director may not charge a fee,
require registration, or impose any other limitation in
exchange for access to the reports online portal.
(e) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes
of this subtitle.
SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--
Concurrently with the submission to Congress of each
congressionally mandated report, the head of the Federal
agency submitting the congressionally mandated report shall
submit to the Director the information required under
subparagraphs (A) through (D) of section 3(b)(1) with respect
to the congressionally mandated report. Nothing in this
subtitle shall relieve a Federal agency of any other
requirement to publish the congressionally mandated report on
the online portal of the Federal agency or otherwise submit
the congressionally mandated report to Congress or specific
committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of
enactment of this Act, the
[[Page H2478]]
Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to
agencies on the implementation of this Act.
(c) Structure of Submitted Report Data.--The head of each
Federal agency shall ensure that each congressionally
mandated report submitted to the Director complies with the
open format criteria established by the Director in the
guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency
shall designate a point of contact for congressionally
mandated report.
(e) List of Reports.--As soon as practicable each calendar
year (but not later than April 1), and on a rolling basis
during the year if feasible, the Librarian of Congress shall
submit to the Director a list of congressionally mandated
reports from the previous calendar year, in consultation with
the Clerk of the House of Representatives, which shall--
(1) be provided in an open format;
(2) include the information required under clauses (i),
(ii), (iv), (v) of section 3(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.
SEC. 9305. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the reports online
portal may only be changed or removed, with the exception of
technical changes, by the head of the Federal agency
concerned if--
(1) the head of the Federal agency consults with each
congressional committee to which the report is submitted; and
(2) Congress enacts a joint resolution authorizing the
changing or removal of the report.
SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this subtitle shall be
construed to--
(1) require the disclosure of information or records that
are exempt from public disclosure under section 552 of title
5, United States Code; or
(2) to impose any affirmative duty on the Director to
review congressionally mandated reports submitted for
publication to the reports online portal for the purpose of
identifying and redacting such information or records.
(b) Redaction of Information.--The head of a Federal agency
may redact information required to be disclosed under this
Act if the information would be properly withheld from
disclosure under section 552 of title 5, United States Code,
and shall--
(1) redact information required to be disclosed under this
subtitle if disclosure of such information is prohibited by
law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under
this subsection from the submission of information or from
any congressionally mandated report submitted under this
subtitle;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction
is made.
SEC. 9307. IMPLEMENTATION.
Except as provided in section 9304(b), this subtitle shall
be implemented not later than 1 year after the date of
enactment of this Act and shall apply with respect to
congressionally mandated reports submitted to Congress on or
after the date that is 1 year after such date of enactment.
Subtitle E--Severability
SEC. 9401. SEVERABILITY.
If any provision of this title or amendment made by this
title, or the application of a provision or amendment to any
person or circumstance, is held to be unconstitutional, the
remainder of this title and amendments made by this title,
and the application of the provisions and amendment to any
person or circumstance, shall not be affected by the holding.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX
TRANSPARENCY.
(a) Definitions.--In this section--
(1) The term ``covered candidate'' means a candidate of a
major party in a general election for the office of President
or Vice President.
(2) The term ``major party'' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
(3) The term ``income tax return'' means, with respect to
an individual, any return (as such term is defined in section
6103(b)(1) of the Internal Revenue Code of 1986, except that
such term shall not include declarations of estimated tax)
of--
(A) such individual, other than information returns issued
to persons other than such individual, or
(B) of any corporation, partnership, or trust in which such
individual holds, directly or indirectly, a significant
interest as the sole or principal owner or the sole or
principal beneficial owner (as such terms are defined in
regulations prescribed by the Secretary of the Treasury or
his delegate).
(4) The term ``Secretary'' means the Secretary of the
Treasury or the delegate of the Secretary.
(b) Disclosure.--
(1) In general.--
(A) Candidates for president and vice president.--Not later
than the date that is 15 days after the date on which an
individual becomes a covered candidate, the individual shall
submit to the Federal Election Commission a copy of the
individual's income tax returns for the 10 most recent
taxable years for which a return has been filed with the
Internal Revenue Service.
(B) President and vice president.--With respect to an
individual who is the President or Vice President, not later
than the due date for the return of tax for each taxable
year, such individual shall submit to the Federal Election
Commission a copy of the individual's income tax returns for
the taxable year and for the 9 preceding taxable years.
(C) Transition rule for sitting presidents and vice
presidents.--Not later than the date that is 30 days after
the date of enactment of this section, an individual who is
the President or Vice President on such date of enactment
shall submit to the Federal Election Commission a copy of the
income tax returns for the 10 most recent taxable years for
which a return has been filed with the Internal Revenue
Service.
(2) Failure to disclose.--If any requirement under
paragraph (1) to submit an income tax return is not met, the
chairman of the Federal Election Commission shall submit to
the Secretary a written request that the Secretary provide
the Federal Election Commission with the income tax return.
(3) Publicly available.--The chairman of the Federal
Election Commission shall make publicly available each income
tax return submitted under paragraph (1) in the same manner
as a return provided under section 6103(l)(23) of the
Internal Revenue Code of 1986 (as added by this section).
(4) Treatment as a report under the federal election
campaign act of 1971.--For purposes of the Federal Election
Campaign Act of 1971, any income tax return submitted under
paragraph (1) or provided under section 6103(l)(23) of the
Internal Revenue Code of 1986 (as added by this section)
shall, after redaction under paragraph (3) or subparagraph
(B)(ii) of such section, be treated as a report filed under
the Federal Election Campaign Act of 1971.
(c) Disclosure of Returns of Presidents and Vice Presidents
and Certain Candidates for President and Vice President.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(23) Disclosure of return information of presidents and
vice presidents and certain candidates for president and vice
president.--
``(A) In general.--Upon written request by the chairman of
the Federal Election Commission under section 10001(b)(2) of
the For the People Act of 2019, not later than the date that
is 15 days after the date of such request, the Secretary
shall provide copies of any return which is so requested to
officers and employees of the Federal Election Commission
whose official duties include disclosure or redaction of such
return under this paragraph.
``(B) Disclosure to the public.--
``(i) In general.--The chairman of the Federal Election
Commission shall make publicly available any return which is
provided under subparagraph (A).
``(ii) Redaction of certain information.--Before making
publicly available under clause (i) any return, the chairman
of the Federal Election Commission shall redact such
information as the Federal Election Commission and the
Secretary jointly determine is necessary for protecting
against identity theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A) by striking
``or (22)'' and inserting ``(22), or (23)'', and
(B) in subparagraph (F)(ii) by striking ``or (22)'' and
inserting ``(22), or (23)''.
(3) Effective date.--The amendments made by this subsection
shall apply to disclosures made on or after the date of
enactment of this Act.
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part B of House Report 116-16 and
amendments en bloc described in section 3 of House Resolution 172.
Each further amendment printed in part B of the report may be offered
only in the order printed in the report, by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
House Administration or her designee to offer amendments en bloc
consisting of
[[Page H2479]]
amendments printed in part B of the report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable for
20 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on House Administration or their
designees, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
{time} 1700
Amendment No. 1 Offered by Mr. Suozzi
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 116-16.
Mr. SUOZZI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 323, after line 6, insert the following:
SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN
FEDERAL ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section
1821, is further amended by inserting after section 319A the
following new section:
``SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN
NATIONALS.
``(a) Audit.--
``(1) In general.--The Commission shall conduct an audit
after each Federal election cycle to determine the incidence
of illicit foreign money in such Federal election cycle.
``(2) Procedures.--In carrying out paragraph (1), the
Commission shall conduct random audits of any disbursements
required to be reported under this Act, in accordance with
procedures established by the Commission.
``(b) Report.--Not later than 180 days after the end of
each Federal election cycle, the Commission shall submit to
Congress a report containing--
``(1) results of the audit required by subsection (a)(1);
and
``(2) recommendations to address the presence of illicit
foreign money in elections, as appropriate.
``(c) Definitions.--As used in this section:
``(1) The term `Federal election cycle' means the period
which begins on the day after the date of a regularly
scheduled general election for Federal office and which ends
on the date of the first regularly scheduled general election
for Federal office held after such date.
``(2) The term `illicit foreign money' means any
disbursement by a foreign national (as defined in section
319(b)) prohibited under such section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the Federal election cycle that
began during November 2018, and each succeeding Federal
election cycle.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from New York (Mr. Suozzi) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. SUOZZI. Mr. Chairman, before I speak about our bipartisan
amendment, I would like to thank Representatives Sarbanes and Lofgren
for their hard work on H.R. 1.
I would also like to commend Chairman McGovern and his staff on the
Rules Committee--and the entire Rules Committee--for making our
amendment in order and for working with the Problem Solvers Caucus and
other pragmatic Members to foster an inclusive process.
Our bipartisan amendment No. 1 to H.R. 1, with 24 Democrats and 20
Republican cosponsors, would require the Federal Election Commission to
conduct an audit after each Federal election cycle to determine any
incidence of illicit foreign money in the election.
The reason we have such a bipartisan-supported amendment is because
of the hard work of the Problem Solvers Caucus, chaired by my friends
Chairman Reed for the Republicans and Chairman Gottheimer for the
Democrats.
In January, our colleagues on the Problem Solvers Caucus worked with
the leadership to negotiate the 20-20 rule as part of our Break the
Gridlock proposal.
This amendment is the first amendment to receive preferential
treatment under the 20-20 rule by the Rules Committee, and we are happy
to see our addition to the rules package has worked its way to
encourage transparency and bipartisanship in the 116th Congress.
Mr. Chairman, campaign finance law has loopholes, leaving the
American electoral process susceptible to illicit funding from foreign
nationals, corporations, and governments.
Foreign money easily influences our elections by passing funds
through shell corporations, U.S. subsidiaries, investments, trade
associations, and shell companies. Under our proposed amendment, within
180 days of an election, the FEC will submit to Congress a report
containing audit results and recommendations to address the presence of
illicit foreign money.
I urge the Members of this Congress to continue to utilize the 20-20
rule and gain some muscle memory of working in a bipartisan way to work
for the American people.
Confidence in our electoral process is essential to faith in our
government institutions, and I urge the passage of this bipartisan
amendment to H.R. 1.
Mr. Chair, I reserve the balance of my time.
Mr. REED. Mr. Chair, I seek the Republican response time.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. REED. Mr. Chairman, I would like to start by thanking my
colleague, Mr. Suozzi from New York, as well as our Republican
colleague, Mr. Fitzpatrick, who led the charge on this amendment
process in this amendment before you.
I would also take a moment to thank my co-chair on the Problem
Solvers Caucus, Mr. Gottheimer from New Jersey.
Though we may disagree on the fundamental bill before us, Mr.
Chairman, I am pleased to be able to report to the American people
today that there are still Members here that are looking to find common
ground.
In the amendment before you that has been put forward in this new
mechanism in the Rules Committee to encourage bipartisan debate, we
have found that common ground in regards to the transparency and the
requirements that this amendment calls for in regards to making sure
that, if foreign money is in our election process, we do what we can in
order to root that out and bring sunshine to that issue for all
Americans to see.
I encourage my colleagues on our side of the aisle to support this
amendment because this is that common ground that, even though we may
fundamentally disagree on some of the final conclusions of H.R. 1 and
the issue and the debate that we have already seen on display here
today, this is something that common sense dictates that we come
together for as Democrats and Republicans, working together to find
that common ground to advance the American cause.
Mr. Chair, I reserve the balance of my time.
Mr. SUOZZI. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from Virginia (Ms. Spanberger).
Ms. SPANBERGER. Mr. Chair, I thank the gentleman for yielding, and I
rise in support of this amendment to H.R. 1.
I speak today as someone who has spent my career in public service
identifying foreign threats to the safety and security of the American
people. As a former CIA officer, I worked to identify threats to our
country, our fellow Americans, and threats that would leave our Nation
vulnerable to attack, espionage, or foreign influence.
As Congress acts this week to restore transparency to our government
and regain trust from the people we serve, we must take steps to
prevent foreign influence in our democratic process. I support efforts
to push back against the very real threat of foreign financial
influence. I know nefarious actors are out there. I know they are
tireless in their commitment to target our foundational institutions,
including our voting process.
The American people shouldn't have to worry about the ability of
foreign governments or entities to influence our elections and our
citizens, but senseless loopholes in our campaign finance system have
left our electoral process vulnerable to spending by foreign
governments, corporations, and foreign nationals. These foreign
entities should not have the ability to exert influence over the issues
that impact Americans most, including the national defense, healthcare,
and our financial services sector. That is why I am proud to cosponsor
this much-needed, bipartisan amendment.
This amendment would strengthen the integrity of our elections by
encouraging our government to ensure
[[Page H2480]]
that our campaign finance system is not falling prey to signs of
foreign money in our politics. It would require the FEC to conduct an
audit to look for foreign money in our elections and then require the
FEC to report its findings.
Mr. REED. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
New Jersey (Mr. Gottheimer), Democratic co-chair of the Problem Solvers
Caucus, in the spirit of bipartisanship and in the effort to find
common ground.
Mr. GOTTHEIMER. Mr. Chairman, I thank my co-chair of the Problem
Solvers Caucus, Tom Reed, for his leadership.
Mr. Chair, thank you for allowing me to speak on behalf of this
important bipartisan amendment to H.R. 1. I also want to thank
Congresswoman Lofgren and Congressman Sarbanes for their leadership on
this legislation. And my colleagues who offered this amendment, my very
good friend Congressman Suozzi and Congressman Fitzpatrick, I thank
them for their work on this bipartisan Problem Solvers Caucus
initiative, which I know will further help improve H.R. 1 by stopping
the flow of foreign money into our elections.
This amendment was developed with strong support from the bipartisan
Problem Solvers Caucus, utilizing the new Break the Gridlock rules
reforms that the caucus helped put in place in the new Congress.
This is the first time the 20-20 rule is being utilized for broad,
bipartisan support legislation, and an amendment like this sends
exactly the right signal to the American people that we can work
together to move legislation.
I am proud to be a cosponsor of H.R. 1, the For the People Act, which
will help strengthen voting rights in our country, help clean
corruption out of our politics, and protect free and fair elections,
which is the bedrock of our democracy.
Civil rights means everyone in our great Nation has equal rights and,
therefore, equal speech. Dark money in our politics flies in the face
of that American ideal, from wherever it comes. Even worse is dark
foreign money.
Loopholes in our campaign finance system have left our electoral
process vulnerable to unlimited spending by foreign governments,
corporations, and foreign nationals in our elections. We have seen that
foreign entities are able to spend undisclosed amounts of money to
influence U.S. elections by using subsidiaries, shell corporations, or
advocacy groups to hide their influence.
In 2016, American Pacific International Capital, a company owned by
Chinese nationals, used these loopholes to donate $1.3 million to a
super-PAC in the Presidential election.
The Acting CHAIR. The time of the gentleman has expired.
Mr. REED. Mr. Chair, I yield the gentleman an additional 15 seconds.
Mr. GOTTHEIMER. Even in this most recent election in 2018, Iran,
China, and Russia all attempted to influence American voters and
policy.
Americans on both sides of the aisle agree this is a critically
important issue that we must do something about. The adoption of this
amendment will further codify the intent of Congress to end unchecked
foreign spending, which is the scourge of our democracy.
Mr. Chair, I look forward to more support for 20-20 legislative
amendments.
Mr. SUOZZI. Mr. Chair, I reserve the remainder of my time to close.
Mr. REED. Mr. Chair, I have no other speakers and am prepared to
close.
Mr. Chairman, as we wrap up the debate on this amendment, I hope we
have demonstrated that there is common ground to be found in this
Chamber.
I would like to take a moment to thank, again, my colleagues, but
also the Rules Committee, Mr. McGovern and his staff, for working with
us in regards to this new reform of the rules process that will reward
and encourage bipartisan behavior and bipartisan common ground-finding
efforts.
I encourage all Members on both sides of the aisle: Utilize this new
rule path to bring forth ideas that benefit the American people in a
bipartisan way.
At the end of the day, this amendment is something we should all
support for the reasons articulated by my colleagues on the other side
and as articulated, hopefully, by myself today in regards to supporting
this reform that goes at the issue of foreign money in our elections.
Mr. Chair, I encourage our Members to support this amendment, and I
yield back the balance of my time.
Mr. SUOZZI. Mr. Chairman, I want to applaud my colead on this bill,
this bipartisan bill, Congressman Fitzpatrick, a Republican from
Pennsylvania, who couldn't be here today, but he worked very hard on
this, as did the other colleagues who have spoken here already.
The people of America are hungering for bipartisanship. They are
hungering for people to work together to try and solve the problems in
this country.
We hope that the use of the 20-20 rule and this amendment, with 24
Democrats and 20 Republicans, is one small step in that process to
demonstrate that people can work together to solve problems.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Suozzi).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Butterfield
The Acting CHAIR (Mr. Cardenas). It is now in order to consider
amendment No. 2 printed in part B of House Report 116-16.
Mr. BUTTERFIELD. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 136, strike lines 6 through 11 and insert the
following:
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop
on a public transportation route.
``(2) Availability in rural areas.--The State shall ensure
that polling places which allow voting during an early voting
period under subsection (a) will be located in rural areas of
the State, and shall ensure that such polling places are
located in communities which will provide the greatest
opportunity for residents of rural areas to vote during the
early voting period.''.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from North Carolina (Mr. Butterfield) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. BUTTERFIELD. Mr. Chairman, I rise in support of my amendment to
improve early voting in rural communities.
My amendment would ensure that early voting locations in rural
communities are placed strategically in communities to provide the
greatest access to rural voters seeking to cast their ballots.
I urge my colleagues to join me in supporting this amendment.
My amendment, Mr. Chairman, gets to the heart of what we have been
trying to do here today with H.R. 1, and that is to make voting easier.
My amendment builds on the underlying text of H.R. 1 that directs
States to locate early voting locations within walking distance of
stops on public transportation routes by recognizing that rural
communities face very different challenges to voting as compared to
voters in urban communities.
In many rural communities, Mr. Chairman, like the ones that I
represent in eastern North Carolina, there is no public transportation
in many of those communities, so polling locations in these communities
need to be located where these voters will have the best chance to let
their voices be heard in our elections, and my amendment would simply
ensure that that happens.
Mr. Chairman, rural communities are facing many challenges, but their
ability to participate in our elections should not be one of those
challenges. I think all of us on both sides of the aisle can agree on
this.
During the markup at the committee, I got a good feeling about it,
and I hoped my friend from Illinois (Mr. Rodney Davis) would be willing
to work with me in getting this amendment passed.
Mr. Chair, I urge my colleagues to support the amendment, and I
reserve the balance of my time.
[[Page H2481]]
{time} 1715
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I claim time in
opposition to this amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I appreciate my good
friend and colleague from North Carolina's assertion that we have to be
cognizant of what is happening in rural America and how, maybe a top-
down approach from Washington may not be the best approach when we
might not have public transportation opportunities in many of the rural
areas that he and I both serve.
But, as Mr. Butterfield is a member of the House Administration
Committee, I would have hoped that this amendment would have been
offered during the committee markup, the markup, the only markup that
was held on this 622-page bill. We offered 28 amendments on the
Republican side and not a single one was accepted.
These are the types of amendments I would have loved to have seen
have bipartisan support in the committee process because I am from a
rural area. I understand it is sometimes difficult for people in rural
areas to vote.
But we have got to leave it up to the States and localities to be
able to determine where these polling places are going to go,
especially in the rural areas.
We have a hard enough time having somebody here in Washington figure
out where everybody is going to be in an office every 2 years. Can you
imagine somebody in a concrete building out here in Washington, D.C.,
determining where a polling place should or should not be in a town
that I represent in central Illinois?
That is my problem with this bill; it is a top-down approach that
takes away the ability for locals to really truly get polling places in
areas that are accessible for every voter to be able to cast their
vote.
Mr. Chairman, I want every single American to be able to vote. Every
vote, every single vote in every American vote deserves to be counted
and protected.
I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Chairman, the gentleman from Illinois would
remember that at the subcommittee markup, or the full committee markup,
we did have a very healthy conversation about this topic. I acknowledge
that no amendment was offered at the committee, but I felt a consensus,
Mr. Davis, when we discussed it at the committee, and I thought that it
would be accepted by the other side.
But suffice it to say that rural communities deserve to have polling
locations that are convenient to all of its citizens. We are talking
about Federal elections, not local elections, so I would ask my
colleagues to reconsider and support this amendment.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Maryland (Mr. Sarbanes).
Mr. SARBANES. Mr. Chairman, I thank the gentleman for yielding, and I
want to thank him for his work on House Administration. I know, as
well, that Congressman Anthony Brown helped with this particular
amendment.
This is really critical. This is all about, and H.R. 1, in large
part, is about the journey to the ballot box, and how do we make that
journey easier for people; how do we make sure that they can get there
without too much of an undue burden; and that is what this would do for
rural voters.
This would require that States ensure that the polling places are
located in rural areas. So this idea that somebody in Washington is
going to be deciding where the location is, that is preposterous. We
are just saying make sure that the State figures it out; and so each
State can decide what makes the most sense in terms of placing these
voting places for rural voters.
So it is a very, very commonsense amendment. I want to thank the
gentleman for introducing it and, definitely, I support it.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, my colleague from North
Carolina is right. We had a good, healthy discussion on how rural
voters could be adversely impacted by the original language that was in
the bill that would have required polling places to be next to areas of
mass transit.
Well, as we both know, there are many areas we serve that don't have
access to mass transit. My problem is not with what this amendment
does. My problem, again, is with the process.
My problem is how are we going to determine--and my biggest fear is
that if Washington is determining where polling places should go, maybe
we are not allowing the locals to determine best how to ensure that
voters get easiest access to being able to cast their vote.
I want to work with the gentleman from North Carolina to address many
rural needs, especially when it comes to our oversight responsibility
of elections. And I certainly hope--I do believe this amendment will
pass--and I certainly hope, if it becomes a law, which I don't believe
H.R. 1 will become law, but I would really encourage us to be able to
work together after this is done and maybe work in a separate fashion
to address rural voting communities' needs. And I look forward to
working with the gentleman.
Mr. Chairman, I know we have a lot of amendments, so I will go ahead
and yield back the balance of my time.
Mr. BUTTERFIELD. Mr. Chair, let me thank the gentleman for his
comments and thank him for his friendship. The gentleman is right; we
do serve on the House Administration Committee together. He is the
ranking member of the committee and Ms. Lofgren is the chair. We will
have many opportunities to work together, and I look forward to working
with the gentleman and all of the committee on very important issues as
we go forward.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Butterfield).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Raskin
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 116-16.
Mr. RASKIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 383, after line 19, add the following new section:
SEC. 4502. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR
DISBURSEMENTS FOR POLITICAL PURPOSES.
(a) Assessment Required.--The Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) is amended by inserting after
section 10D the following:
``SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR
DISBURSEMENTS FOR POLITICAL PURPOSES.
``(a) Assessment Required Before Making a Disbursement for
a Political Purpose.--
``(1) Requirement.--An issuer with an equity security
listed on a national securities exchange may not make a
disbursement for a political purpose unless--
``(A) the issuer has in place procedures to assess the
preferences of the shareholders of the issuer with respect to
making such disbursements; and
``(B) such an assessment has been made within the 1-year
period ending on the date of such disbursement.
``(2) Treatment of issuers whose shareholders are
prohibited from expressing preferences.--Notwithstanding
paragraph (1), an issuer described under such paragraph with
procedures in place to assess the preferences of its
shareholders with respect to making disbursements for
political purposes shall not be considered to meet the
requirements of such paragraph if a majority of the number of
the outstanding equity securities of the issuer are held by
persons who are prohibited from expressing partisan or
political preferences by law, contract, or the requirement to
meet a fiduciary duty.
``(b) Assessment Requirements.--The assessment described
under subsection (a) shall assess--
``(1) which types of disbursements for a political purpose
the shareholder believes the issuer should make;
``(2) whether the shareholder believes that such
disbursements should be made in support of, or in opposition
to, Republican, Democratic, Independent, or other political
party candidates and political committees;
``(3) whether the shareholder believes that such
disbursements should be made with respect to elections for
Federal, State, or local office; and
``(4) such other information as the Commission may specify,
by rule.
``(c) Disbursement for a Political Purpose Defined.--
``(1) In general.--For purposes of this section, the term
`disbursement for a political purpose' means any of the
following:
``(A) A disbursement for an independent expenditure, as
defined in section 301(17) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(17)).
``(B) A disbursement for an electioneering communication,
as defined in section 304(f)
[[Page H2482]]
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)).
``(C) A disbursement for any public communication, as
defined in section 301(22) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(22)--
``(i) which expressly advocates the election or defeat of a
clearly identified candidate for election for Federal office,
or is the functional equivalent of express advocacy because,
when taken as a whole, it can be interpreted by a reasonable
person only as advocating the election or defeat of a
candidate for election for Federal office; or
``(ii) which refers to a clearly identified candidate for
election for Federal office and which promotes or support a
candidate for that office, or attacks or opposes a candidate
for that office, without regard to whether the communication
expressly advocates a vote for or against a candidate for
that office.
``(D) Any other disbursement which is made for the purpose
of influencing the outcome of an election for a public
office.
``(E) Any transfer of funds to another person which is made
with the intent that such person will use the funds to make a
disbursement described in subparagraphs (A) through (D), or
with the knowledge that the person will use the funds to make
such a disbursement.
``(2) Exceptions.--The term `disbursement for a political
purpose' does not include any of the following:
``(A) Any disbursement made from a separate segregated fund
of the corporation under section 316 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30118).
``(B) Any transfer of funds to another person which is made
in a commercial transaction in the ordinary course of any
trade or business conducted by the corporation or in the form
of investments made by the corporation.
``(C) Any transfer of funds to another person which is
subject to a written prohibition against the use of the funds
for a disbursement for a political purpose.
``(d) Other Definitions.--In this section, each of the
terms `candidate', `election', `political committee', and
`political party' has the meaning given such term under
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).''.
(b) Conforming Amendment to Federal Election Campaign Act
of 1971 to Prohibit Disbursements by Corporations Failing to
Assess Preferences.--Section 316 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding
at the end the following new subsection:
``(d) Prohibiting Disbursements by Corporations Failing to
Assess Shareholder Preferences.--
``(1) Prohibition.--It shall be unlawful for a corporation
to make a disbursement for a political purpose unless the
corporation has in place procedures to assess the preferences
of its shareholders with respect to making such
disbursements, as provided in section 10E of the Securities
Exchange Act of 1934.
``(2) Definition.--In this section, the term `disbursement
for a political purpose' has the meaning given such term in
section 10E(c) of the Securities Exchange Act of 1934.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
December 31, 2019.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from Maryland (Mr. Raskin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. RASKIN. Mr. Chair, I yield myself such time as I may consume, and
I rise to offer this amendment to H.R. 1.
For decades, the law prevented business corporations from engaging in
campaign spending. But the Supreme Court destroyed that prohibition
with its watershed decision in 2010, in the Citizens United case,
which, for the first time, defined for-profit business corporations as
political membership associations and, thereby, unleashed billions of
dollars in corporate treasury money into the political system.
Since then, corporations have taken advantage of this newfound
constitutional identity and political freedom by investing hundreds of
millions of dollars, perhaps billions, in campaign expenditures and the
torrent of ``dark money'' now coursing through the political system.
But who are these corporations speaking for?
Well, according to the court, they are speaking for the shareholders.
Writing for the majority, Justice Kennedy took the position that
corporate political campaigning is on behalf of the shareholders, an
association of individuals who have taken on the corporate form.
But, in reality, we know that CEOs engage in political spending
without the knowledge, much less the consent of the shareholders whose
First Amendment rights are allegedly being exercised.
Anyone who has a retirement fund with money invested in corporate
equities will know that they have never been asked whether they want a
portion of their retirement money invested in Republican or Democratic
or other campaigns. The CEOs just do it without their participation.
What can be done to stop shareholders' money from being spent on
campaigns without their knowledge or consent?
Most Americans want a constitutional amendment to reverse Citizens
United and restore the definition of corporations as economic entities
barred from politics. But there is something that we can do right now,
short of that, simply by enforcing Citizens United on its own terms.
Justice Kennedy said the main check against abuse of this new right
would be exercised by the ``shareholders through the procedures of
corporate democracy.''
Justice Kennedy assumed a world of comprehensive and immediate
disclosure. He wrote: ``Shareholder objections raised through the
procedures of corporate democracy can be more effective today because
modern technology makes disclosures rapid and informative. With the
advent of the Internet, prompt disclosure of expenditures can provide
shareholders and citizens with the information needed to hold
corporations and elected officials accountable . . . citizens can see
whether elected officials are in the pocket of so-called moneyed
interests.''
But the current system provides nothing like that kind of
transparency and accountability. This amendment, the Shareholders
United Act of 2019, will begin to change the secrecy, darkness, and
oligarchical implications of the current system.
It would require publicly-traded corporations to get shareholder buy-
in on the front end before their money is channeled into political
campaigns. Companies would have to develop a process to assess
shareholder preferences for political spending, and make any such
spending within a year of assessing the majority's preferences.
Moreover, the amendment recognizes that some shareholders are
institutional investors, like pension funds, States, and cities, mutual
funds, universities or charities, which are categorically forbidden
from expressing partisan political preferences.
If this type of investor holds a majority of corporate shares, the
corporation would not be able to make expenditures from the general
treasury because the CEO, at that point, would paradoxically be
speaking for institutional shareholders that may not themselves speak
in politics.
Citizens are begging for this kind of commonsense regulation and
promotion of corporate democracy. People invest in the stock market to
save for retirement, or to send their kids to college, not to support
their favorite political candidates, much less their most disfavored
ones.
I know that I would be mad as hell to learn that my retirement money
was being spent, being given away to Donald Trump and the RNC; just as
I assume my GOP friends don't want their pension dollars going to the
DNC or to help Elizabeth Warren's Presidential campaign.
People who invest in the stock market should not be used as the pawns
for the political designs of CEOs. I urge my colleagues on both sides
of the aisle to support this commonsense amendment called for by
Justice Kennedy's opinion in Citizens United.
I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I claim time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, again, as I mentioned
earlier, I would have liked to have seen these amendments offered
during our House Administration markup as my good friend from Maryland
is also a member of the House Administration Committee.
There was some discussion on issues like this and I was under the
impression, during that markup process, that provisions like my
opponent put into this amendment were already part of the bill.
But let me add, this amendment would turn businesses and corporations
into partisan political entities and shareholder meetings and votes
into political conventions.
It would require corporations to poll their shareholders on whether
the corporation's political spending should be
[[Page H2483]]
made in support of, in opposition to Republican, Democratic,
Independent, or other political party candidates and political
committees.
Business decisions drive corporations' political spending. This would
inject partisan political considerations into corporate political
spending.
And let me remind the American people, corporations are banned by law
currently to be able to give directly to candidates or to organizations
that will directly support or oppose candidates during an election
cycle. This is going to further polarize our political environment.
This amendment also relies on unconstitutionally vague and intent-
based standards for what corporate spending is covered by the
shareholder preference assessment requirement. It is going to encourage
the current practice of activists taking hold of proxy advisory firms
to socially engineer public policies through proxy shareholder votes.
There is no transparency to proxy advisory firms.
I am opposed to this amendment because it is vague and impractical,
and would, again, infringe upon free speech. It is not clear what
speech is covered under this amendment and that is, perhaps, the worst
part.
The practical effect of this amendment would be that the companies
would not have shareholder elections under this new standard. Many
would probably stop paying dues to trade associations because the
language might be construed to cover that. That would be a bomb on many
of the largest and most important trade groups. No similar requirement
for other organizations as part of this bill, of course.
Mr. Chair, I reserve the balance of my time.
Mr. RASKIN. Mr. Chair, I thank the gentleman for those thoughtful
comments. The ranking member of the House Administration Committee
contends that we talked about this in the House Administration
Committee which, indeed, we did, and it was precisely that discussion
which led to the formation of the amendment.
I am afraid there he is just protesting against the character of the
legislative process. We have a discussion; we learn things; we develop
new amendments. And for a moment there it sounded like he wanted to
vote for it, but then he turns to say that the problem with this
amendment is that it would politicize the corporation, which is quite
an astounding argument to make against it, when the entire purpose of
our amendment is to prevent corporations from engaging in political
expenditures and dark-money spending without the consent and the
knowledge of the shareholders.
If you object to corporations being engaged in partisan political
activity, then you should support this amendment, because it is
precisely this amendment that will prevent it from happening if the
shareholders don't want it to.
Mr. Chair, I yield back the balance of my time.
{time} 1730
Mr. RODNEY DAVIS of Illinois. Mr. Chair, may I inquire how much time
is remaining.
The Acting CHAIR. The gentleman from Illinois has 2\1/2\ minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, look, I don't own too many
stocks outside of mutual funds, but I do have one that I get statements
to ask me to cast a vote for those members who are currently members of
the board of directors or running to be. What I do is use the
disclosure database OpenSecrets. I find out the political spending of
these individuals who are going to determine the outcome of the stock
that I have invested in that, hopefully, will grow in value, because
that is why people invest in the stock market, and that is why people
invest in corporate entities that may be publicly traded.
The problem I have with this amendment is I thought corporate money
wasn't supposed to go to candidates. I don't take corporate dollars.
Frankly, I am probably one of the ones standing in this institution
tonight who had many of these super-PAC dollars spent against me in the
last election. They can't take corporate dollars.
But the issue at hand is, in another part of the bill where this new
Freedom From Influence Fund is put together, they are now going to use
corporate dollars to create a fund that is flowing through the Federal
Treasury that should be going to infrastructure, should be going to
pediatric cancer research. Instead, it is going to flow into this new
shell that is going to have corporate money go directly to
congressional candidates, which is illegal now.
That, to me, is the biggest problem with this bill, and that, to me,
is a problem with this amendment.
Mr. Chair, I look forward to a discussion on many other amendments
throughout this long evening.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Raskin).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Maryland
will be postponed.
Amendment No. 4 Offered by Mr. Hastings
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 116-16.
Mr. HASTINGS. Mr. Chairman, I have an amendment to H.R. 1, the For
the People Act of 2019, that I have offered with my good friend from my
neighboring district, Congressman Ted Deutch.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 140, insert after line 19 the following:
``(3) Report.--
``(A) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
shall submit to Congress a report containing the following
information for the applicable Federal election cycle in the
State:
``(i) The number of ballots invalidated due to a
discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
ballots determined valid as a result of such process.
``(B) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means the
period beginning on January 1 of any odd numbered year and
ending on December 31 of the following year.''.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. HASTINGS. Mr. Chair, the right to vote is sacred and fundamental.
Yet across this country, in particular in my home State of Florida,
voters were denied their right to vote because of penmanship.
In the wake of the 2018 midterms, Florida's signature matching law
was deemed unconstitutional because it allowed county election
officials to reject vote-by-mail ballots for mismatched signatures,
with no standards, an illusory cure process, and no process to
challenge the rejection.
Ballots being rejected because of perceived signature mismatch
heavily affect voters already at the margins: trans and gender-
nonconforming people, people with disabilities, people for whom English
is a second language, military personnel, and women.
I am very pleased to see that H.R. 1 would protect voters' due
process rights when it comes to signature matching laws by requiring
proper notice and an opportunity to cure.
My amendment, amendment No. 4, builds on that by requiring States to
submit a report to Congress after the end of a Federal election cycle
regarding the number of ballots invalidated due to a discrepancy in a
voter's signature, the attempts to contact voters to provide notice
that a discrepancy exists between the signature on the ballot and the
signature of the voter on the official list of registered voters, and
the cure process and results.
Mr. Chair, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
[[Page H2484]]
Mr. RODNEY DAVIS of Illinois. Mr. Chair, while I appreciate my good
friend from Florida's amendment, this amendment doesn't go far enough.
It does nothing to stem the practice of ballot harvesting.
Ballot harvesting is a practice of States allowing any person to
collect any number of absentee ballots and then deliver them to the
polls. It could be even after election day.
This practice, of course, is ripe for fraud, and we saw most recently
in North Carolina how it can be abused to the advantage of political
campaigns.
In North Carolina's Ninth District, the individual who harvested
ballots for a Republican, where we will now have a special election,
was caught because the practice is illegal. It is unlikely that he
would have been caught in a State like California, because the practice
is perfectly legal.
Take the current law in California. A signature is invalid if the
ballot turned in by a harvester doesn't match a signature in the voter
file, but the campaign can cure this by getting the voter in question
to submit an affidavit that they voted. Then that signature only has to
match the signature in the voter file, not the signature on the ballot.
A harvester could theoretically take a bunch of ballots, submit them
with forged signatures, and then collect signatures afterward, since
the campaigns would later get a list of the signatures that were
rejected.
Loose standards relating to providing notice to voters whose
signatures were mismatched, as well as a lengthy cure process without
any safeguards, disenfranchises voters who showed up and cast votes
before or on election day.
Mr. Chair, I reserve the balance of my time.
Mr. HASTINGS. Mr. Chairman, I appreciate my good friend's
suggestions, but this is my amendment. I didn't have anything to do
with ballot harvesting, and I imagine that there are others who are
going to address that particular subject.
Mr. Chair, I yield the balance of my time to the gentlewoman from
California (Ms. Lofgren), the chairman of the committee.
Ms. LOFGREN. Mr. Chair, I would just note that the ballot harvesting
issue, I think, has very little to do with the amendment offered by Mr.
Hastings and that the remedy that has been suggested by my friend, Mr.
Davis, was to use the system that was in place in North Carolina.
Obviously, that didn't work. The remedy to fraud is prosecution, which
is what is happening in North Carolina.
I would note that, as we mentioned at the Rules Committee last night,
in California, you can give your ballot that is sealed not only to your
son, but to your next-door neighbor. You might be an elderly person who
doesn't have family around.
There has been no credible allegation of fraud, and we had monitors
from both the Republican and Democratic parties, people from House
Administration. There was no credible allegation of a problem.
Mr. Chair, let's not compare apples and oranges. Let's support Mr.
Hastings' amendment.
Mr. HASTINGS. Mr. Chair, I yield back the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Cole
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 116-16.
Mr. COLE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike subtitle G of title IV.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from Oklahoma (Mr. Cole) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. COLE. Mr. Chairman, I rise today in support of my amendment to
H.R. 1.
Mr. Chairman, this is a commonsense amendment that will maintain
current law. Beginning with the National Defense Authorization Act of
2012 and continuing to appropriation processes for every fiscal year
since, I sponsored an amendment that barred the government from
requiring Federal contractors to disclose campaign contributions as a
condition for submitting a bid on a Federal contract. The amendment was
adopted by the House on at least four separate occasions on a
bipartisan basis and was signed into law by President Obama.
Since H.R. 1 would remove this prohibition, I offer this amendment
today to ensure that this ban remains in law. I have strong concerns
that H.R. 1 attempts to repeal this provision.
If the Federal Government would require contractors to disclose
campaign contributions, it is only human nature that information like
that would influence decisions on Federal contracts, regardless of what
the law requires and what a contracting office is required to do. If we
are interested in enshrining a pay-to-play culture as part of the
contracting process, the Democratic proposal will do just that.
Mr. Chairman, it has never been a good idea to mix politics and
contracting. The danger of that is obvious. The information that could
be required of contractors in the absence of this protection is not
necessary to evaluate a bid made by a Federal contractor. It raises
legitimate fears of political retaliation. If the information isn't
necessary for the bid or the evaluation of the bid, then it is not
necessary for the government to have it in the first place and run the
risk that it might be misused.
All that I am asking, Mr. Chairman, is that we leave the law as it
is, the disclosure requirements as they are, and ensure that political
contributions do not become a new litmus test to receive a government
contract.
Mr. Chair, for those reasons, I urge adoption of the amendment, and I
reserve the balance of my time.
Ms. LOFGREN. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. LOFGREN. Mr. Chair, I yield myself as much time as I may consume.
The gentleman's amendment to H.R. 1 would keep in place a provision
of law that was inserted into must-pass pieces of legislation over the
past few years. It makes it harder for voters to follow the money when
it comes to government contractors and political spending.
The amendment is anathema to the purposes of H.R. 1, which is to
bolster confidence and trust in the American Government and shine a
light on secret spending in elections. The gentlemen's amendment would
further the status quo of dark money in our elections, and it would
protect a culture of pay-to-play politics that Americans reject.
Republicans in Congress, as Mr. Cole has mentioned, first included
this language in the 2012 appropriations bill, then the 2014
appropriations bill, and finally in the 2015 Consolidated
Appropriations Act.
H.R. 1, in title IV, subtitle G, repeals the restriction on requiring
disclosure of campaign-related spending by those submitting an offer
for a Federal contract. Repealing this restriction will curb the
appearance of corruption that can go along with campaign-related money
in government contracts. It will shine a light on dark money in
politics.
Americans have a right to know who is trying to influence them with
political advertisements and campaign spending and what big campaign
spenders want from the government in return.
The Federal Government spends hundreds of billions of dollars a year
on Federal contracts. Campaign-related spending should have nothing to
do with influencing a contract, and disclosure will protect the
integrity of the process and curb any appearance of corruption.
After the Supreme Court decided Citizens United in 2010, undisclosed
sources have spent more than $950 million in dark money to influence
Federal elections, according to the nonpartisan Center for Responsive
Politics. The money flows through a complex web of corporations, dark
money, nonprofit organizations, super-PACs, and other groups. When
money from
[[Page H2485]]
government contractors enters this web, it poses the exact type of
threat to the integrity of our democratic system that our campaign
finance laws are intended to protect against.
While Federal law prohibits contracting entities from contributing to
political candidates and parties, their directors, officers, and other
affiliates could still give unlimited sums of dark money to groups that
do not disclose their campaign-related donors, and that is why H.R. 1
would repeal the restriction on disclosure.
{time} 1745
The court held 8 to 1 in Citizens United that ``The First Amendment
protects political speech; and disclosure permits citizens and
shareholders to react to the speech of corporate entities in a proper
way. This transparency enables the electorate to make informed
decisions and give proper weight to different speakers and messages.''
The public has a right to follow the money, including money from
government contractors to dark-money groups that did not disclose their
spending.
H.R. 1 ensures disclosure and transparency, both of which are
critical to open and responsive democracy that protects the public
interest. And this amendment, although I am sure well-intentioned,
takes us in the wrong direction.
Mr. Chairman, I urge a ``no'' vote on this amendment, and I reserve
the balance of my time.
Mr. COLE. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from South Carolina (Mr. Norman), my good friend.
Mr. NORMAN. Mr. Chairman, I am a contractor. We do business and we
build projects. If you want to see something that is going to skyrocket
cost, the fact of asking what party and where they donate money has
nothing to do with transparency. It just has to do with what political
affiliation you have and it could weigh heavily in who is selected for
a job, which has nothing to do with the job that you are doing.
Mr. Chairman, I rise in support of Congressman Cole's amendment to
maintain the status quo and prevent the government from using politics
as a litmus test when evaluating bids from contractors.
When the government buys goods or services, the only concern should
be getting the best job at the best price, not who the company did or
did not donate to in the last election. Companies should compete on
value, not party loyalty.
We see what happens when politics influences who receives government
money. Let me give you an example.
In December 2011, The Washington Post released a bombshell report
finding ``Obama's green technology program was infused with politics at
every level.''
The Post found, through its review of thousands of memos and emails,
that ``Political considerations were raised repeatedly by company
investors, Energy Department bureaucrats, and White House officials.''
Do you know what the result was? $500 million of taxpayer money went
to a solar company, Solyndra, which went bankrupt. We can't let that
happen again, but that is what requiring companies bidding on contracts
to disclose their political activity as part of the bid process would
lead to.
Also troubling about this provision of H.R. 1 is that it repeals
something we all just agreed to less than 1 month ago. If this
amendment isn't adopted, H.R. 1 will repeal a provision of the funding
bill we just passed.
Two hundred and thirteen Democrats voted for the funding bill. I know
this is a town of evolving political positions and flip-flopping, but I
think that might just set a new record. I can't believe this body would
vote for something like this and a month after to repeal it. Back home
they call that a bait and switch.
Ms. LOFGREN. Mr. Chairman, I would just note that when a rider is
added to the appropriations bill, you have to vote for the whole
package to keep the government open.
Mr. Chairman, I yield the remainder of my time to the gentleman from
Maryland (Mr. Sarbanes).
Mr. SARBANES. Mr. Chairman, as you know from the discussion today, we
obviously feel very strongly that there needs to be as much disclosure
as possible and transparency and accountability when it comes to how
money flows into the political arena. I think the public has a
particular apprehension about how insidious spending can be when it has
to do with government contractors. The public deserves to know who is
spending in their politics and, particularly, if contractors--who are
the ones who are going to get these government contracts--are spending
in a way that could potentially influence the contracting decisions. In
a sense, what is happening is people are leaning on the government
potentially using money and influence in a way that cuts against what
the public interests might be.
That is why prohibiting the executive branch from even considering--
that is what this rider does. It actually prohibits the executive
branch from even sitting down and considering whether there should be
certain rules that should govern what happens in the contractor space
in terms of political spending. That doesn't make any sense. That
doesn't make common sense that the executive branch ought to be able to
figure out some rules so that that transparency is in place.
That is why we want to repeal it. That is why we have that in H.R. 1.
I oppose this amendment that would strike the repeal.
Ms. LOFGREN. Mr. Chairman, I yield back the balance of my time.
Mr. COLE. Mr. Chairman, may I inquire how much time I have remaining.
The Acting CHAIR. The gentleman from Oklahoma has 1 minute remaining.
Mr. COLE. Mr. Chairman, I want to disagree very profoundly with my
friend.
Frankly, what this amendment does is keep politics out of
contracting. My friends want to put politics back into contracting. The
decisions, as my friend, Mr. Norman, mentioned, on contracts, ought to
be made on the basis of the quality of the bid and the quality of the
job. There is no reason to ask for political information when you are
evaluating whether or not a bridge should be built or whether or not a
road should be paved and who should do that.
Frankly, what we are going to do is inject politics by requiring the
list of political contributors. If you don't think that will matter, I
think you are being painfully naive.
Mr. Chairman, I urge support of the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oklahoma (Mr. Cole).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. COLE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oklahoma
will be postponed.
Amendment No. 6 Offered by Ms. Scanlon
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part B of House Report 116-16.
Ms. SCANLON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 311, insert after line 8 the following new subtitle
(and conform the succeeding subtitles accordingly):
Subtitle F--Election Security Grants Advisory Committee
SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by
adding at the end the following:
``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an
advisory committee (hereinafter in this part referred to as
the `Committee') to assist the Commission with respect to the
award of grants to States under this Act for the purpose of
election security.
``(b) Duties.--
``(1) In general.--The Committee shall, with respect to an
application for a grant received by the Commission--
``(A) review such application; and
``(B) recommend to the Commission whether to award the
grant to the applicant.
``(2) Considerations.--In reviewing an application pursuant
to paragraph (1)(A), the Committee shall consider--
[[Page H2486]]
``(A) the record of the applicant with respect to--
``(i) compliance of the applicant with the requirements
under subtitle A of title III; and
``(ii) adoption of voluntary guidelines issued by the
Commission under subtitle B of title III; and
``(B) the goals and requirements of election security as
described in title III of the For the People Act of 2019.
``(c) Membership.--The Committee shall be composed of 15
individuals appointed by the Executive Director of the
Commission with experience and expertise in election
security.
``(d) No Compensation for Service.--Members of the
Committee shall not receive any compensation for their
service, but shall be paid travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Committee.''.
(b) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of enactment of this
Act.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Pennsylvania (Ms. Scanlon) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. SCANLON. Mr. Chairman, my first amendment is amendment No. 6.
This straightforward amendment would establish a committee of election
security experts to review grant requests to ensure that funds for
election security infrastructure are best spent.
This committee would be established under the Election Assistance
Commission, the EAC, and act alongside the three existing Federal
advisory committees that were created under the Help America Vote Act.
Currently, the three existing boards have advisory and oversight
responsibilities to assist the EAC in carrying out its mission under
the law and reviewing voluntary voter system guidelines. There is not,
however, enough expertise within these three committees to properly
determine how funds related to election security grants are best spent.
Election security is one of the critical pillars of H.R. 1, and my
amendment would help ensure that the EAC has everything it needs to
properly vet grants to help improve and secure voting systems across
the United States.
Mr. Chairman, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. SCHWEIKERT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. SCHWEIKERT. Mr. Chairman, having read over the amendment, there
are a couple of concerns I want to walk you through. And please
understand, I am one of those--I co-chair the Blockchain Caucus. I have
a fascination with could we ever move to encrypted blockchain security
of these levels of information.
But if you actually walk through this amendment, it is a little
hollow in its details. The executive director gets to appoint a 15-
member, we will call it, committee. Tell me that those 15 members in
this amendment can't have relationships with a certain security firm,
or with a certain vendor, or with certain things. I will argue that you
are creating now functionally a fourth committee within the commission
and handing an awful lot of power to the executive director without a
lot of guidelines, that should actually, in many ways, make both
Democrats and Republicans a bit nervous.
Mr. Chairman, I reserve the balance of my time.
Ms. SCANLON. Mr. Chairman, the intent of the amendment is to
establish a committee that parallels the three existing committees and,
therefore, would use the same properties as those committees for
appointment, et cetera.
The gentleman who argued against the last amendment was suggesting
that it would be too intrusive to interject too much specificity in the
amendment, so I guess we have a flip situation here. But the idea is to
parallel the three existing commissions and have the 15-person
committee appointed using the same processes.
Mr. Chairman, I reserve the balance of my time.
Mr. SCHWEIKERT. Mr. Chairman, I appreciate and I love the concepts of
technology. I am really concerned. This should actually be a bipartisan
concern, because at some point is that executive director going to be
one party or another, or demonstrate certain political bias?
But if you hand sole authority to the executive director to appoint a
15-member commission that is going to establish saying, here is how we
are going to review these grants and what sort of grants and direction,
I am sorry, but you are creating all sorts of both policy leakage here,
potentially a favoritism to certain either technologies or securities
or firms.
I don't have a problem with the attention. I think it is actually an
authority that should have been given to one of the other committees
instead of creating a fourth one, because we have this tendency, as
Members of Congress, to sort of create bureaucracies on top of
bureaucracies.
But please understand--and I am being as genuine as I can--I fear
that it may not happen now, it may not happen for a few years, but you
are creating, as technology changes, as there will be a time in our
future where I may be voting through a blockchain technology on my
phone, have you just created the very commission that actually said:
Hey, here is the security mechanics. Oh, by the way, our security
mechanics favor the seven people who actually have a relationship to
this particular security encryption who have a friend who is a friend?
I am sorry; it is just not designed with enough comfort when this is
about our voting system.
Mr. Chairman, I reserve the balance of my time.
Ms. SCANLON. Mr. Chairman, I appreciate the fact that we share a
common concern about our election security and an interest in using the
best technology to protect that security.
The intent here is to make sure that we are spending congressional
dollars wisely as there are these grants being awarded. The amendment
was devised, after hearing from interested parties, that there was not
sufficient expertise on the three existing committees. And I would
suggest that if the dangers, which the word the gentleman has
suggested, were to come to pass, that that would be an excellent
opportunity for congressional oversight.
Mr. Chairman, I reserve the balance of my time.
Mr. SCHWEIKERT. Mr. Chairman, how much time do I have remaining?
The Acting CHAIR. The gentleman from Arizona has 2 minutes remaining.
Mr. SCHWEIKERT. Mr. Chairman, having been here for a little while, be
careful--good intentions--and when people often bring those issues and
bring those--be careful. You may have good intentions. And the
intentions of often those who bring us a thought or an issue, until we
have vetted whether they have particular potential economic interests--
I am just sharing my concern--the amendment, just as it is designed
right now, our side is going to have to vote no because we create a
fourth level. We don't create enough definitions. We hand so much power
to the executive director.
Mr. Chairman, I would love to talk to the gentlewoman about election
encryption and my personal fixation on blockchain technology. But for
this one, I think we may miss the mark.
Mr. Chairman, I yield back the balance of my time.
{time} 1800
Ms. SCANLON. Mr. Chair, I yield 1 minute to the much more experienced
gentleman from Maryland (Mr. Sarbanes).
Mr. SARBANES. Mr. Chair, I thank the gentlewoman from Pennsylvania
(Ms. Scanlon) for yielding, and I thank her for her amendment.
I would just say very quickly, I think this is a good amendment that
actually improves the bill. And to the point of the gentleman from
Arizona (Mr. Schweikert), it is because technology is changing quickly
all the time and one has to kind of keep ahead of the curve on that to
make sure the decisions are made in a sensible way, that having a
committee that can assemble the kind of expertise that you need to
bring to bear on a decision like this makes perfect sense. It can allow
the EAC to function better.
Evaluating these security grants, I think, makes a lot of sense, and
they can keep up-to-date on what the changing technology is so that the
EAC can benefit from that input.
So I think it is an outstanding amendment. I want to thank the
gentlewoman from Pennsylvania (Ms.
[[Page H2487]]
Scanlon) for introducing it. I support it.
Ms. SCANLON. Mr. Chair, I urge a ``yes'' vote on the amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Pennsylvania (Ms. Scanlon).
The amendment was agreed to.
Amendment No. 7 Offered by Ms. Scanlon
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part B of House Report 116-16.
Ms. SCANLON. Mr. Chair, I have a second amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 454, insert after line 23 the following (and conform
the succeeding section accordingly):
SEC. 5114. STUDY AND REPORT ON SMALL DOLLAR FINANCING
PROGRAM.
(a) Study and Report.--Not later than 2 years after the
completion of the first election cycle in which the program
established under title V of the Federal Election Campaign
Act of 1971, as added by section 5111, is in effect, the
Federal Election Commission shall--
(1) assess--
(A) the amount of payment referred to in section 501 of
such Act; and
(B) the amount of a qualified small dollar contribution
referred to in section 504(a)(1) of such Act; and
(2) submit to Congress a report that discuses whether such
amounts are sufficient to meet the goals of the program.
(b) Update.--The Commission shall update and revise the
study and report required by subsection (a) on a biennial
basis.
(c) Termination.--The requirements of this section shall
terminate ten years after the date on which the first study
and report required by subsection (a) is submitted to
Congress.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Pennsylvania (Ms. Scanlon) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. SCANLON. Mr. Chair, my next amendment is Amendment No. 7.
The amendment would require the Federal Election Comission to conduct
a study to specifically assess whether the small donor match cap and
the 6-to-1 ratio contained in H.R. 1 is appropriately scaled for both
House and Senate elections.
H.R. 1 will empower everyday Americans through each of these systems
by bringing more and more people into the political fold.
This system of small donor campaign funding is relatively new to the
Federal system but has been tried in States and localities nationwide
to great effect. New York City has had a matching funds program in
place since the 1980s, and over 80 percent of the 2015 Connecticut
State Legislature was elected under the Citizens' Election public
financing program.
It is important and necessary to study these issues at the Federal
level, and my amendment would ensure that the Federal Government has
all of the relevant information it needs when proceeding with any
future changes to these programs.
Mr. Chair, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. SCHWEIKERT. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. SCHWEIKERT. Mr. Chair, I actually appreciate the study
mechanisms, but this is actually one a little bit broader.
How many of us are from States that have actually had public funding
or public matching of our State legislatures?
I am from Arizona; I have actually lived this experience. And do
understand, we used to--in Arizona--refer to it as the ``no new
moderates'' piece of legislation.
If you actually look at what happened to Arizona--and my
understanding is this happened in other States--personal experience: I
was 28 years old when I got elected to the Arizona Legislature.
I was there. You had to go knock on a door. You had to ask someone
for a couple hundred dollars. You had to listen to them. They would
look you in the eye, and if they thought you weren't worthy, you walked
out the door without anything. It turns out asking for money is part of
the vetting process.
Well, a few years later--so we have had it for 25 years in Arizona--
here is what happened:
You are part of the group over here on the right or you are part of
this group on the left. In Arizona, you get a couple hundred people to
write you a $5 contribution, and you get elected. Within two election
cycles, we wiped out half of Democrats, half of Republicans, maybe one-
third of the body who were in the moderates.
So when I was in that State legislature for 4 years, half the
Republicans were conservatives, half the Republicans were moderate;
same thing on the Democratic side. After just functionally 4 years of
public funding or public match, they were gone.
I appreciate the study of saying: Hey, this amendment is really about
knowing, you know, do the dollars match, do the mechanisms match? And I
don't know if the FEC is the right place to go to say: Are we about to
try to finance the bipolar--the extremisms on both ends?
In many ways, this piece of legislation--at least this mechanic right
here--you have got to understand what you are doing. You are going to
wipe out the middle.
This is, in many ways, the ``no new moderates'' piece of legislation.
Mr. Chair, I reserve the balance of my time.
Ms. SCANLON. Mr. Chair, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes).
Mr. SARBANES. Mr. Chair, I thank the gentlewoman for yielding.
The gentleman is right. There are examples of these systems across
the country. Actually, Maryland has, now, two jurisdictions that have
embraced public financing.
You are worried about the moderates being wiped out. In fact, what is
happening is the moderates are fleeing the political town square
because they feel like their vote doesn't matter and their engagement
doesn't matter because they support people who then go to places where
laws are made, and those folks are getting taken hostage by the big
money and the special interests.
So the smart moderate voter out there says: What is the point? I am
going to opt out of the political system.
And when they vacate the political town square, then the extremes run
in and they fill the vacuum.
So, actually, if you want to bring moderates back in, if you want to
bring citizens across the political spectrum back into our system,
create something that makes them feel empowered. That is what this
small donor matching system is all about. Then you will get these
people who have run up into the hills and have said: My democracy
doesn't respect me anymore.
By the way, these are the ballasts in the ship of state, those kind
of folks, engaged citizens who feel like the democracy should work for
them. But the evidence they get every day is that the big money is
running the show: Why don't I just save myself, you know, my dignity,
by stepping back, because why am I going to pretend that my voice
actually matters, that my involvement matters?
We create a system that makes them feel like they have power again,
and they will come out of the hills. They will come back down into the
political town square. They will help create that moderation that you
are talking about, because they are solid citizens who care about their
democracy.
So this is a very important amendment because it will give us a
retrospective on how the system is working. We can collect that data,
and then that will inform any improvements we want to make going
forward.
Mr. Chair, I congratulate the gentlewoman on her amendment, and I
support it.
Mr. SCHWEIKERT. Mr. Chair, how much time is remaining?
The Acting CHAIR. The gentleman from Arizona has 2\1/2\ minutes
remaining. The gentlewoman from Pennsylvania has 2 minutes remaining.
Mr. SCHWEIKERT. Mr. Chair, I reserve the balance of my time.
Ms. SCANLON. Mr. Chair, I appreciate the thoughtful queries from the
gentleman from Arizona, and that is precisely what this amendment is
directed towards. It is an amendment to H.R. 1 which sets up a small
dollar financing program, and this will allow us to assess how it is
working going forward.
[[Page H2488]]
Mr. Chair, I reserve the balance of my time.
Mr. SCHWEIKERT. Mr. Chair, I accept this as--and I don't mean this in
a mean fashion, but I accept this as one of the tenets of faith on the
Democratic side.
The gentleman from Maryland--wonderfully articulate--that isn't what
happened. I mean, you have 25 years in other States and other
communities, particularly in legislative bodies. I thought the same
thing.
But the fact of the matter is, what you do in this fashion is the
person who is part of a certain leftist group, right group: I just need
these folks to write me enough checks so that I get enough matching, or
a good direct mail vendor who hits the ideological extreme so I get
those dollars.
Those aren't the facts. And on occasion, we have to take a step back
and take a look at sort of the incubators of democracy and experience,
which is our State legislatures, and understand the reality of what has
happened.
I am a conservative. It worked out fine for my view of the world, but
understand--at least in my State legislature--within 4 years, this type
of plan completely changed the character of the population that was
representing the people in Arizona.
Mr. Chair, I reserve the balance of my time.
Mr. SCANLON. Mr. Chair, I would just close by saying, once again, the
intent of this is to study and make sure we have the best possible
system going forward.
I know that Representative Sarbanes and others have studied the
existing mechanisms out there to try and implement this kind of small
donor matching system. I am sorry it didn't work out in Arizona, but I
think we have a great plan here going forward.
Mr. Chair, I urge a ``yes'' vote, and I yield back the balance of my
time.
Mr. SCHWEIKERT. Mr. Chair, wishes and hopes and optimism are not
public policy. Be careful what you are asking for here. There are real-
life examples across our country with what this did to our democracy.
Understand the damage you are about to do.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Pennsylvania (Ms. Scanlon).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Morelle
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in part B of House Report 116-16.
Mr. MORELLE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 24, line 24, strike ``30 days'' and insert ``28
days''.
Page 72, insert after line 2 the following:
SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE
CONSISTENT WITH TIMING OF LEGAL PUBLIC
HOLIDAYS.
(a) In General.--Section 8(a)(1) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended
by striking ``30 days'' each place it appears and inserting
``28 days''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections held in 2020 or any
succeeding year.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from New York (Mr. Morelle) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. MORELLE. Mr. Chair, I rise today to offer an amendment intended
to make it easier to register to vote by ensuring the deadline does not
fall on a public holiday.
Millions of registration applications are handled through the mail
and through local Departments of Motor Vehicles. Current Federal law
requires States to accept registration forms postmarked or submitted 30
days before election.
However, Mr. Chair, it just so happens, in some years, 30 days before
election day falls exactly on Columbus Day, Indigenous Peoples' Day, or
another public holiday. This results in a shorter window for
preelection registration, and many Americans may not even realize the
holiday could disrupt their plans to register. Without Postal Service
or DMV hours on the holidays, some voters have been unable to get their
registrations in on time.
My amendment makes a simple change. The deadline to postmark your
ballots, register online or visit a government office to submit your
registration will be changed from 30 days to 28 days prior to election
day.
This provides voters simply more time to submit their registration
without burdening local election officials with rapid turnaround time
and ensures that the deadline never falls on a holiday.
Every day leading up to election day is an opportunity for thousands
of Americans across the country to update their registration or
register for the first time. By ensuring the cutoff for advanced
registration is only 28 days before an election and ensuring that date
doesn't fall on a public holiday, we can give more Americans the chance
to prepare to cast their ballots.
Now, H.R. 1 already allows for same-day voter registration in every
State--a policy I strongly support--as it will make it easier for every
citizen to exercise their franchise. But H.R. 1 still provides for
voters the option to register in advance if they so choose; and when
they choose that option, this amendment will give them enough time to
do so, making certain that their paperwork is not rejected for being
postmarked or submitted on a public holiday.
This is a simple change, but it is one that can make voting a little
easier for Americans across the Nation, and I hope we can all agree
that is a change worth making.
Mr. Chair, I ask my colleagues to support this amendment, and I thank
the ranking member for his extraordinary work, as well as the gentleman
from Maryland (Mr. Sarbanes), the sponsor of the bill.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Morelle).
The amendment was agreed to.
{time} 1815
Amendment No. 9 Offered by Ms. Shalala
The Acting CHAIR (Mr. Cartwright). It is now in order to consider
amendment No. 9 printed in part B of House Report 116-16.
Ms. SHALALA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
In section 8022 of title VIII, insert after subsection (c)
the following (and redesignate subsection (d) as subsection
(e)):
(d) Report to Congress.--Not later than 45 days after the
date of enactment of this Act, the Director of the Office of
Government Ethics shall submit a report to Congress on the
impact of the application of subsection (b), including the
name of any individual who received a waiver or authorization
described in subsection (a) and who, by operation of
subsection (b), submitted the information required by such
subsection.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Florida (Ms. Shalala) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. SHALALA. Mr. Chairman, last year, we learned that of the 59 EPA
hires, roughly a third worked as registered lobbyists or lawyers for
fossil fuel producers, chemical manufacturers, or other corporate
clients. Several of these EPA hires have gotten waivers, allowing them
to participate in actions involving their former clients. This directly
impacts my district.
In my district, climate change and sea level rise aren't debated.
These are not partisan issues because, for Miami, climate change is
life or death. There are no climate deniers in south Florida. This is a
real-life example of why these ethics waivers matter, and they matter
to my constituents.
I am very pleased that H.R. 1 mandates that the executive branch
promptly disclose waivers of executive branch ethics rules to the
Office of Government Ethics.
My amendment will maximize transparency by highlighting who is now
captured by the upgraded ethics waiver regime. We need to know who is
now getting these waivers, why they are getting it, and what are the
implications. We need to know the impact so
[[Page H2489]]
that we can simply uphold our constitutional duty as Members of
Congress and hold this administration accountable and hold future
administrations accountable.
Whether it impacts climate change policy, foreign policy, health
policy, or any other issue, the American people deserve to know who is
working behind closed doors in their government.
Mr. Chair, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. JORDAN. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Mr. Chair, H.R. 1 as currently drafted requires the
Office of Government Ethics to make ethics waivers issued to executive
branch employees publicly available. The bill goes even further to
mandate ethics waivers issued prior to the enactment of this
legislation must also be made publicly available.
This amendment requires OGE to submit a report to Congress within 45
days of enactment regarding the implications of the retroactive
applications of the ethics waiver process.
H.R. 1 already gives the Office of Government Ethics vast new
authorities and vast new responsibilities. This amendment would just
place an additional burden on OGE, and I would urge, Mr. Chairman, that
all Members oppose the amendment from the gentlewoman from Florida.
I reserve the balance of my time.
Ms. SHALALA. Mr. Chair, I do not believe that this is an undue burden
on the Office of Government Ethics. It is simply a request for us to
apply the new waiver to see what the explanations are for the number of
ethics waivers that have already been given. It is simply a
transparency issue, and it is perfectly appropriate for Congress to
request this information.
Mr. Chair, I reserve the balance of my time.
Mr. JORDAN. Mr. Chairman, I yield back the balance of my time.
Ms. SHALALA. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Shalala).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 10 will
not be offered.
Amendment No. 11 Offered by Mr. Biggs
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 116-16.
Mr. BIGGS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 75, after line 25, insert the following:
PART 8--VOTER REGISTRATION EFFICIENCY ACT
SEC. 1081. SHORT TITLE.
This part may be cited as the ``Voter Registration
Efficiency Act''.
SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S
LICENSES IN NEW STATE TO INDICATE WHETHER STATE
SERVES AS RESIDENCE FOR VOTER REGISTRATION
PURPOSES.
(a) Requirements for Applicants for Licenses.--Section 5(d)
of the National Voter Registration Act of 1993 (52 U.S.C.
20504(d)) is amended--
(1) by striking ``Any change'' and inserting ``(1) Any
change''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A State motor vehicle authority shall require each
individual applying for a motor vehicle driver's license in
the State--
``(i) to indicate whether the individual resides in another
State or resided in another State prior to applying for the
license, and, if so, to identify the State involved; and
``(ii) to indicate whether the individual intends for the
State to serve as the individual's residence for purposes of
registering to vote in elections for Federal office.
``(B) If pursuant to subparagraph (A)(ii) an individual
indicates to the State motor vehicle authority that the
individual intends for the State to serve as the individual's
residence for purposes of registering to vote in elections
for Federal office, the authority shall notify the motor
vehicle authority of the State identified by the individual
pursuant to subparagraph (A)(i), who shall notify the chief
State election official of such State that the individual no
longer intends for that State to serve as the individual's
residence for purposes of registering to vote in elections
for Federal office.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect with respect to elections occurring in 2019
or any succeeding year.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from Arizona (Mr. Biggs) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. BIGGS. Mr. Chairman, since the United States has a very mobile
population--roughly 40 million Americans, or 14 percent of the United
States population, move each year--voters rarely inform elected
officials when they move, and voters can often be on the voter rolls in
two or even more different States at one time. Unless States have an
efficient way of communicating with one another, it is possible that
they may not be able to identify an individual who is on the rolls in
two different States.
This bill, H.R. 1, makes it more difficult for States to use systems
provided for under the National Voter Registration Act and under HAVA.
Under current law, States can send out cards and go through a process,
which was upheld by the Supreme Court of the United States in Ohio in
2018.
What my amendment does, simply, is require that new State residents
applying for a driver's license notify the State if they intend to use
their new residency for the purpose of voting; and if so, the amendment
would mandate that the new State notify the applicant's previous State
of residence so its chief election official can update voter lists
accordingly.
The amendment protects voters who are only making temporary moves to
another State, while enabling States to more efficiently manage the
voter registration file for the vast majority of applicants who are
making a permanent move to a new State.
Mr. Chair, I reserve the balance of my time.
Ms. LOFGREN. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, although I do not oppose the amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from California?
There was no objection.
The Acting CHAIR. The gentlewoman from California is recognized for 5
minutes.
Ms. LOFGREN. Mr. Chair, this amendment would require applicants for
motor vehicle licenses to indicate whether they previously resided in a
different State and which State the applicant intends to be their
residence for the purpose of voter registration. I think it could be
helpful in terms of preventing registrations in two States. However, it
is potentially redundant with other provisions in H.R. 1.
When all States implement automatic voter registration, States will
transmit change of address duplicate license information electronically
and wouldn't need to collect this information from individuals.
Further, States are able to use a reliable set of data for sharing
information on registered voters, called the Electronic Registration
Information Center, established originally by the Pew Charitable
Trusts, currently utilized by 26 States--by the way, including
Arizona--so it has a very high accuracy rate.
Nevertheless, redundancy is our friend, and I certainly do not oppose
this amendment.
Mr. Chair, I yield back the balance of my time.
Mr. BIGGS. Mr. Chairman, I thank the gentlewoman, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Biggs).
The amendment was agreed to.
Ms. LOFGREN. Mr. Chair, I move that the Committee do now rise.
The Acting CHAIR. The question is on the motion that the Committee
rise.
Ms. LOFGREN. Mr. Chair, I withdraw my motion for the Committee to
rise.
The Acting CHAIR. Without objection, the motion is withdrawn.
There was no objection.
Amendment No. 12 Offered by Mr. Ted Lieu of California
The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 116-16.
Mr. TED LIEU of California. Mr. Chair, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
After subtitle G of title VIII, insert the following (and
redesignate subtitle H as subtitle I):
[[Page H2490]]
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
SECTION 8081. SHORT TITLE.
This subtitle may be cited as the ``Stop Waste And Misuse
by Presidential Flyers Landing Yet Evading Rules and
Standards'' or the ``SWAMP FLYERS''.
SEC. 8082. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE
AIRCRAFT.
(a) In General.--Beginning on the date of enactment of this
subtitle, no Federal funds appropriated or otherwise made
available in any fiscal year may be used to pay the travel
expenses of any senior political appointee for travel on
official business on a non-commercial, private, or chartered
flight.
(b) Exceptions.--The limitation in subsection (a) shall not
apply--
(1) if no commercial flight was available for the travel in
question, consistent with subsection (c); or
(2) to any travel on aircraft owned or leased by the
Government.
(c) Certification.--
(1) In general.--Any senior political appointee who travels
on a non-commercial, private, or chartered flight under the
exception provided in subsection (b)(1) shall, not later than
30 days after the date of such travel, submit a written
statement to Congress certifying that no commercial flight
was available.
(2) Penalty.--Any statement submitted under paragraph (1)
shall be considered a statement for purposes of applying
section 1001 of title 18, United States Code.
(d) Definition of Senior Political Appointee.--In this
subtitle, the term ``senior political appointee'' means any
individual occupying--
(1) a position listed under the Executive Schedule
(subchapter II of chapter 53 of title 5, United States Code);
(2) a Senior Executive Service position that is not a
career appointee as defined under section 3132(a)(4) of such
title; or
(3) a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5, Code of Federal Regulations.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from California (Mr. Ted Lieu) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
{time} 1830
Mr. TED LIEU of California. Mr. Chairman, let me first start off by
commending Representative John Sarbanes for H.R. 1 and everyone who
has worked on behalf of this historic bill.
Today I rise in support of amendment 12 to H.R. 1. Last term, I
introduced what is known as the SWAMP FLYERS Act to make sure that
government officials don't abuse taxpayer funds for their luxury travel
preferences. We did not get a vote on this bill last term. I am very
pleased that now I am going to be able to offer it as an amendment to
H.R. 1
This is a commonsense amendment. It would simply prevent government
officials from using taxpayer funds to travel on a private, chartered,
or noncommercial flight. If your official business needs you to go on
one of those really expensive flights, you might want to think twice
about why you are doing it.
Eliminating waste, fraud, and abuse has long been a bipartisan
mission of the U.S. Congress, and I can think of few more obvious
candidates than paying for private jets for Cabinet officials to travel
across the country. As every Member of Congress knows, you can reach
any district of the U.S. just flying commercial.
I think it is disturbing I even have to introduce this amendment, but
let me just walk folks through some of the corruption we have seen in
the last 2 years.
Former HHS Secretary Tom Price spent more than $400,000 in travel on
private jets.
Former Interior Secretary Ryan Zinke spent over $39,000 of taxpayer
funds on a helicopter tour of national monuments in Nevada. He then
spent an additional $12,000 of taxpayer funds on a private jet to go to
Las Vegas, Nevada, to speak to a hockey team owned by a major donor.
Former Veterans Affairs Secretary David Shulkin spent over $122,000
in taxpayer funds to go with his wife to Europe for the primary purpose
of sightseeing.
Then we have got former EPA Administrator Scott Pruitt, who spent at
least $58,000 on chartered flights.
I could go on.
If this had been law, they would not have been able to do this.
Hardworking Americans deserve better. A vote against this amendment is
really something that taxpayers would not appreciate.
Mr. Chairman, I urge my colleagues to vote ``yes'' on this
commonsense amendment, and I reserve the balance of my time.
Mr. JORDAN. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Mr. Chairman, this is duplicative of current rules.
Political appointees are government employees who are held to specific
travel and ethics standards already. Restrictions are there and have
been there, but the Democrats seem to want more bureaucrats involved in
the review.
Political appointees follow these fundamentals, among others, related
to Federal travel: travel must be conducted in the most efficient and
effective manner and only when necessary to accomplish the purposes of
the government, and employees traveling on official business are
expected to exercise the same care when incurring expenses as a prudent
person would on personal business.
Current Federal travel guidelines for political appointees already
limit travel flight expenses to common carrier commercial fares. The
only time private company aircraft can be accepted is if no other
travel arrangements are practically available or when they are offered
to your spouse, but explicitly not because of the political appointee's
position. Either way, all of this would be required to be run through
the White House Counsel's office.
Mr. Chairman, I urge that we oppose the amendment, and I reserve the
balance of my time.
Mr. TED LIEU of California. Mr. Chairman, I want to note that a
number of these Cabinet officials defended the use of luxury travel
preferences by saying that their travel was approved.
So, clearly, there is not enough in the law to stop this abusive
behavior of taxpayer funds. Again, if you just look at the abuse of
travel, we know we can stop it. There is no justification for it.
Mr. Chairman, I request that my colleagues vote for this amendment,
and I reserve the balance of my time.
Mr. JORDAN. Mr. Chairman, I yield back the balance of my time.
Mr. TED LIEU of California. In closing, this is a commonsense
amendment. I appreciate, again, the historic nature of H.R. 1.
Preventing travel abuse by Cabinet officials is something that we can
all support on a bipartisan basis.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ted Lieu).
The amendment was agreed to.
Amendment No. 13 Offered by Ms. Jayapal
The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part B of House Report 116-16.
Ms. JAYAPAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Insert after section 8005 the following:
SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of
Government Ethics shall issue guidance on ethical standards
applicable to unpaid employees of an agency.
(b) Definitions.--In this section--
(1) the term ``agency'' includes the Executive Office of
the President and the White House; and
(2) the term ``unpaid employee'' includes any individual
occupying a position at an agency and who is unpaid by
operation of section 3110 of title 5, United States Code, or
any other provision of law, but does not include any employee
who is unpaid due to a lapse in appropriations.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Washington (Ms. Jayapal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Chairman, I come to the floor today to speak on this
amendment that simply requires unpaid government employees to comply
with the same ethics rules as paid employees.
President Trump has exploited this ethics loophole for his daughter
Ivanka Trump and his son-in-law, Jared Kushner, who both work in the
White House.
Requiring your daughter and your son-in-law to be subject to the same
[[Page H2491]]
ethics rules as everyone else is simply basic common sense. It is not a
Democratic issue or a Republican issue, but it is core to our democracy
and our national security.
The purpose of ethics rules, Mr. Chairman, is to ensure that
conflicts of interest do not interfere in the operations of our
government. This is critical so that the American people trust that the
people guiding our country's laws and policies are acting with the best
interests of our country and the American people at heart and not
foreign or business interests. But President Trump's hiring of his
daughter Ivanka Trump, and son-in-law, Jared Kushner, as unpaid
advisers has raised serious concerns.
Shortly after the 2016 elections, Ivanka Trump participated in her
dad's meeting with the Japanese Prime Minister as her namesake clothing
brand, Ivanka Trump Marks LLC, was simultaneously negotiating a
licensing deal with Sanei International, a company whose largest
shareholder is the Japanese Government.
In addition, her company received preliminary approvals for 16 new
trademarks from China during the President's trade war with China. In
one case, Ivanka Trump and Chinese President Xi dined together at Mar-
a-Lago the same day that China approved the three trademarks for the
First Daughter.
Mr. Chairman, I reserve the balance of my time.
Mr. JORDAN. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Mr. Chairman, as the gentlewoman said, this amendment
would require the Office of Government Ethics to promulgate rules to
apply ethics laws to unpaid employees of the Executive Office and
President of the White House. As she also mentioned, this is clearly to
go after Jared Kushner and Ivanka Trump. It seems to me that this is
not the kind of thing that we should be focused on.
Miss Trump has been appointed as an executive branch employee and is
now covered by the ethics laws and regulations that apply to all
executive branch employees. It seems to me this is congressional
overreach and redundant of current ethics rules and practices of other
folks who have worked in the executive branch.
As I said, I oppose the amendment, and I reserve the balance of my
time.
Ms. JAYAPAL. Mr. Chairman, I yield 1 minute to the incredible
gentleman from Maryland (Mr. Sarbanes), who has been leading this
effort.
Mr. SARBANES. Mr. Chairman, I thank the gentlewoman for yielding. I
thank her for this amendment which is, as she says, a very commonsense
amendment. I don't really understand what the objection would be.
If you don't apply the same ethical standards to unpaid staff or
people who are working in the executive branch as you do to paid, what
you are left with is a gigantic loophole that could be taken advantage
of, and I don't think that the average person out there could
understand why you would make that kind of distinction. So this is a
very logical thing to do. Just because you are not paid doesn't mean
you might not have a conflict of interest.
So this is an amendment that simply directs the Office of Government
Ethics to come up with some rules to make sure that senior
administration officials, special governmental employees who draw no
salary, are still going to abide by the ethics laws.
Again, if the job here of all of us is to meet the expectations of
the public in terms of how things should function up here in
Washington, abiding ethical standards and observing conflicts of
interest rules, then this meets that expectation directly. I think it
is a good amendment.
Mr. JORDAN. Mr. Chairman, I yield back the balance of my time.
Ms. JAYAPAL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, once again, I just reiterate that what we are saying is
whether you are paid or unpaid, you have to go through the same
security clearances; and whether you are paid or unpaid, you have to
deal with the same ethics regulations. Particularly when unpaid
employees are put into serious positions where national security
clearances are required and where they have access to top secret
information, we need to make sure that those ethics rules apply to
everybody.
Now, frankly, we didn't see this as a loophole in the past because it
hasn't been exploited in the same way, but, unfortunately, that is what
is happening now.
Mr. Chairman, I think that this should raise serious concerns for
anybody. We need to make sure that the people who are in our government
are facing the same transparent ethics rules whether you are a relative
of the person in the Oval Office or not.
We have ethics laws for a reason. The United States is not a despotic
country built on nepotism, and we need to make sure that it is in
everyone's best interest when all of these employees are subject to
ethics laws, including laws that prohibit employees from participating
in matters in which they have a financial interest or from misusing
their official positions.
Mr. Chairman, I strongly urge my colleagues to support this
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The amendment was agreed to.
Amendment No. 14 Offered by Ms. Jayapal
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 116-16.
Ms. JAYAPAL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 537, insert after line 10 the following:
SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING
ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES
VIOLATING HUMAN RIGHTS.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) is amended by inserting after section 5
the following new section:
``SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING
ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES
VIOLATING HUMAN RIGHTS.
``(a) Prohibition.--Notwithstanding any other provision of
this Act, no person may accept financial or other
compensation for lobbying activity under this Act on behalf
of a client who is a government which the President has
determined is a government that engages in gross violations
of human rights.
``(b) Clarification of Treatment of Diplomatic or Consular
Officers.--Nothing in this section may be construed to affect
any activity of a duly accredited diplomatic or consular
officer of a foreign government who is so recognized by the
Department of State, while said officer is engaged in
activities which are recognized by the Department of State as
being within the scope of the functions of such officer.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to lobbying activity under the
Lobbying Disclosure Act of 1995 which occurs pursuant to
contracts entered into on or after the date of the enactment
of this Act.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Washington (Ms. Jayapal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Chairman, this amendment would stop lobbyists from
working on behalf of foreign governments with gross human rights
violations.
Countries with human rights abuses should use the diplomatic process
to express their views and not try to influence the American Government
when hiding behind highly paid K Street lobbyists.
H.R. 1, the For the People Act, is a historic bill that aims to
restore the promise of our Nation's democracy and the culture of
corruption in Washington, reduce the role of money in politics, and
return power back to the American people. My amendment furthers this
goal by limiting the role of dark money in our foreign policy.
Take, for instance, Mr. Chairman, Saudi Arabia. After 9/11, Saudi
Arabia was implicated in the most destructive attack on American soil
in our history. Yet 15 years later, the country was the leading
recipient of U.S. arms sales.
For nearly 4 years, Saudi Arabia has perpetrated the worst
humanitarian catastrophe in Yemen, with U.S. military participation in
its bombings and complicity in a blockade that has deprived millions of
food and medicine. Despite the Saudis' indiscriminate killing of
civilians, Secretary of State
[[Page H2492]]
Mike Pompeo has certified that the country has been protecting
civilians just last year.
Most recently, Saudi Arabia murdered U.S.-based journalist Jamal
Khashoggi while President Trump rejected the evidence from his own
intelligence agencies that Saudi Arabia's crown prince ordered the
murder.
How does Saudi Arabia maintain its relationship with the United
States? It shouldn't surprise anyone that Saudi Arabia spent about $27
million on U.S. lobbying and public relations in 2017 alone.
Individuals affiliated with the Trump administration like Paul
Manafort and Michael Flynn have also taken substantial sums of money
from foreign countries to lobby the American Government.
Paul Manafort lobbied on behalf of pro-Russian forces in Ukraine in
2005, and prosecutors allege that Mr. Manafort was working on Ukrainian
politics well into 2018, even after Special Counsel Mueller indicted
him. He didn't even report the payments he was receiving for his
lobbying efforts, in flagrant violation of current law.
Though not charged with lobbying illegally, Manafort has still had a
long history of lobbying on behalf of the world's most brutal
dictators, including Mobutu Sese Seko, Ferdinand Marcos, and Jonas
Savimbi. He is rumored to have accepted a briefcase from a Marcos
affiliate with $10 million in cash to give to the Reagan campaign.
Finally, Michael Flynn, President Trump's former National Security
Advisor, worked on a $15 million plan to kidnap a political enemy of
Turkish President Erdogan and fly him to an island prison. Mr. Flynn
was paid at least $530,000 for lobbying on behalf of the Turkish
Government between August and November of 2016. Mr. Chairman, he did
not retroactively register as a foreign agent with the Justice
Department until March 7, 2017.
{time} 1845
This is a commonsense amendment that brings transparency and ensures
that we protect our system from this type of lobbying from those
countries that have gross human rights violations.
Mr. Chair, I reserve the balance of my time.
Mr. JORDAN. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Mr. Chair, another bad amendment to a bad bill. This
amendment suffers from the same defects as the underlying bill. It
continues the same regrettable trend by our colleagues on the other
side of the aisle of trying to silence speakers they don't like.
Portions of this bill are so radical that, as we have said several
times already, even the ACLU came out today and asked Members of this
body not to vote for it. The ACLU said H.R. 1 would unconstitutionally
burden free speech and associational rights. This amendment is more of
the same tactics that caused the ACLU to oppose the underlying
legislation.
As I said, a bad amendment to a bad bill. Put that all together, it
makes everything worse.
The Lobbying Disclosure Act, which this amendment would seek to
change, is about disclosure and increasing public awareness, not
preventing people from undertaking a lawful profession. The decision of
whether to undertake representation of a client is a personal and
professional matter, not one for central government planning.
What my friends on the other side of the aisle seem not to understand
is the answer to speech that they view as undesirable is more speech.
It is called the First Amendment. It is called debate. The Federal
Government should not and cannot constitutionally prevent the people it
does not like from speaking.
And we know it has tried. Just a few years ago, it did it. And I will
continue to bring this up as long as the good folks in the Fourth
District will have me in Congress.
A few years ago, the IRS systematically, for a sustained period of
time, went after people for their political beliefs--it happened; they
did it--for the most fundamental liberty we have, our right to speak.
Think about the First Amendment, freedom to practice your faith the
way you want, freedom to assemble, freedom to petition your government,
freedom of the press. All those are critically important.
But your right to speak is fundamental, and your right to speak in a
political fashion is what the Founders had most in mind when they
talked about your free speech, First Amendment rights.
This amendment goes to restrict it just like the bill does, and that
is why the ACLU is against it. That is why I am against it.
This is a bad idea to a bad piece of legislation. I mean, think about
what is going on, on college campuses today: safe spaces, free speech
zones, bias response teams. If you say something politically incorrect
today on a college campus, you get harassed.
In the last Congress, I asked a question in committee to a professor
from one of these universities that are taxpayer subsidized. I said:
Can a free speech zone and a safe space on a college campus be at the
same location?
He kind of chuckled. That is sort of the joke, because where is the
free speech zone supposed to be in this country? Everywhere. It is
called the First Amendment.
I asked this one professor: Professor, in a safe space on a college
campus, could I say this sentence: ``Donald Trump is President''?
Think about this. Think about this. The professor began his response
with this: Well, Congressman, it depends.
I interrupted him, which I will do sometimes if I think the witness
is saying something stupid.
I said: It is a fact. There is no ``it depends'' about it. He got
elected on November 8, 2016. He is President of the United States. He
lives at 1600 Pennsylvania Avenue. It is a fact.
The idea that on some college campuses you can't say that because you
are in some safe space is crazy. This is the absurd level that some on
the left want to take us to when we are talking about the First
Amendment.
Thank goodness--thank goodness--the ACLU sees it for what it is and
says vote ``no'' on this bill.
Heck, yes, I am opposed to this amendment, just like I am opposed to
the underlying legislation.
Mr. Chair, I would urge a ``no'' vote, and I yield back the balance
of my time.
Ms. JAYAPAL. Mr. Chair, I hope my colleagues on the other side who
are just quoting the ACLU tonight are with us on everything else that
the ACLU supports. I look forward to seeing that.
I got a little distracted in the last speech, so I wanted to remind
people what we are talking about in this amendment, which is that we
would not allow lobbyists that are working on behalf of foreign
governments with gross human rights violations to actually pay a bunch
of lobbyists and hide behind highly paid K Street lobbyists to get
their agenda.
They should just use the diplomatic process. It is not like they are
not going to have a voice. They can use their diplomatic process.
That is all this amendment is. It is a smart amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The amendment was agreed to.
Amendment No. 15 Offered by Ms. Jayapal
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part B of House Report 116-16.
Ms. JAYAPAL. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Insert after section 8014 the following:
SEC. 8015. LEGAL DEFENSE FUNDS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Government Ethics;
(2) the term ``legal defense fund'' means a trust--
(A) that has only one beneficiary;
(B) that is subject to a trust agreement creating an
enforceable fiduciary duty on the part of the trustee to the
beneficiary, pursuant to the applicable law of the
jurisdiction in which the trust is established;
(C) that is subject to a trust agreement that provides for
the mandatory public disclosure of all donations and
disbursements;
(D) that is subject to a trust agreement that prohibits the
use of its resources for any purpose other than--
[[Page H2493]]
(i) the administration of the trust;
(ii) the payment or reimbursement of legal fees or expenses
incurred in investigative, civil, criminal, or other legal
proceedings relating to or arising by virtue of service by
the trust's beneficiary as an officer or employee, as defined
in this section, or as an employee, contractor, consultant or
volunteer of the campaign of the President or Vice President;
or
(iii) the distribution of unused resources to a charity
selected by the trustee that has not been selected or
recommended by the beneficiary of the trust;
(E) that is subject to a trust agreement that prohibits the
use of its resources for any other purpose or personal legal
matters, including tax planning, personal injury litigation,
protection of property rights, divorces, or estate probate;
and
(F) that is subject to a trust agreement that prohibits the
acceptance of donations, except in accordance with this
section and the regulations of the Office of Government
Ethics;
(3) the term ``lobbying activity'' has the meaning given
that term in section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602);
(4) the term ``officer or employee'' means--
(A) an officer (as that term is defined in section 2104 of
title 5, United States Code) or employee (as that term is
defined in section 2105 of such title) of the executive
branch of the Government;
(B) the Vice President; and
(C) the President; and
(5) the term ``relative'' has the meaning given that term
in section 3110 of title 5, United States Code.
(b) Legal Defense Funds.--An officer or employee may not
accept or use any gift or donation for the payment or
reimbursement of legal fees or expenses incurred in
investigative, civil, criminal, or other legal proceedings
relating to or arising by virtue of the officer or employee's
service as an officer or employee, as defined in this
section, or as an employee, contractor, consultant or
volunteer of the campaign of the President or Vice President
except through a legal defense fund that is certified by the
Director of the Office of Government Ethics.
(c) Limits on Gifts and Donations.--Not later than 120 days
after the date of the enactment of this Act, the Director
shall promulgate regulations establishing limits with respect
to gifts and donations described in subsection (b), which
shall, at a minimum--
(1) prohibit the receipt of any gift or donation described
in subsection (b)--
(A) from a single contributor (other than a relative of the
officer or employee) in a total amount of more than $5,000
during any calendar year;
(B) from a registered lobbyist;
(C) from a foreign government or an agent of a foreign
principal;
(D) from a State government or an agent of a State
government;
(E) from any person seeking official action from, or
seeking to do or doing business with, the agency employing
the officer or employee;
(F) from any person conducting activities regulated by the
agency employing the officer or employee;
(G) from any person whose interests may be substantially
affected by the performance or nonperformance of the official
duties of the officer or employee;
(H) from an officer or employee of the executive branch;
(I) from any organization a majority of whose members are
described in (A)-(H); or
(J) require that a legal defense fund, in order to be
certified by the Director only permit distributions to the
officer or employee.
(d) Written Notice.--
(1) In general.--An officer or employee who wishes to
accept funds or have a representative accept funds from a
legal defense fund shall first ensure that the proposed
trustee of the legal defense fund submits to the Director the
following information:
(A) The name and contact information for any proposed
trustee of the legal defense fund.
(B) A copy of any proposed trust document for the legal
defense fund.
(C) The nature of the legal proceeding (or proceedings),
investigation or other matter which give rise to the
establishment of the legal defense fund.
(D) An acknowledgment signed by the officer or employee and
the trustee indicating that they will be bound by the
regulations and limitation under this section.
(2) Approval.--An officer or employee may not accept any
gift or donation to pay, or to reimburse any person for, fees
or expenses described in subsection (b) of this section
except through a legal defense fund that has been certified
in writing by the Director following that office's receipt
and approval of the information submitted under paragraph (1)
and approval of the structure of the fund.
(e) Reporting.--
(1) In general.--An officer or employee who establishes a
legal defense fund may not directly or indirectly accept
distributions from a legal defense fund unless the fund has
provided the Director a quarterly report for each quarter of
every calendar year since the establishment of the legal
defense fund that discloses, with respect to the quarter
covered by the report--
(A) the source and amount of each contribution to the legal
defense fund; and
(B) the amount, recipient, and purpose of each expenditure
from the legal defense fund, including all distributions from
the trust for any purpose.
(2) Public availability.--The Director shall make publicly
available online--
(A) each report submitted under paragraph (1) in a
searchable, sortable, and downloadable form;
(B) each trust agreement and any amendment thereto;
(C) the written notice and acknowledgment required by
subsection (d); and
(C) the Director's written certification of the legal
defense fund.
(f) Recusal.--An officer or employee, other than the
President and the Vice President, who is the beneficiary of a
legal defense fund may not participate personally and
substantially in any particular matter in which the officer
or employee knows a donor of any source of a gift or donation
to the legal defense fund established for the officer or
employee has a financial interest, for a period of two years
from the date of the most recent gift or donation to the
legal defense fund.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Washington (Ms. Jayapal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Chair, this amendment cleans up the so-called legal
defense funds.
Many Americans don't know this, but it is perfectly legal for
government employees to set up a fund to help them pay their legal
bills when they are in trouble with the law. Amazingly, they can pack
this slush fund with unlimited donations from wealthy individuals and
large corporations.
In other words, employees in the White House can fund their legal
defenses with contributions from the President's campaign backers or
people who want to influence the President's decisions.
Not surprisingly, this President's team has set up a legal defense
fund, the Patriot Fund, to help staffers pay for their legal fees
related to the Russia investigation. The Patriot Fund was cleared by
the Office of Government Ethics under the Acting Director, David Apol,
who was appointed by--you guessed it--President Trump.
Former Trump campaign staffer Rick Gates and former National Security
Advisor Michael Flynn have also set up legal defense funds.
According to a political report from a month ago, Sheldon Adelson,
who is the single largest donor to the Trump campaign, and his wife,
Miriam, have each contributed $250,000 to the Patriot Fund, for a total
of half a million dollars.
The fund is flush, Mr. Chair. It is no wonder that one of Trump's
former campaign staffers who has been interviewed by the House
Intelligence Committee referred to the Patriot Fund as ``a real
blessing.''
Trump lawyers have said that decisions about which staffers' legal
funds are paid out of the Patriot Fund will not be related to whether
the individual in question defends the President. But since the fund
manager has sole discretion over who will benefit from the fund, it is
almost impossible to know whether access to Patriot Fund dollars will
be used to reward those who might be loyal to the President. That
creates an extraordinary conflict of interest for any President, not
just this one.
It is time to put a stop to this in perpetuity. That is why I have
offered this amendment to direct the Office of Government Ethics to
promulgate regulations on basic requirements to ensure transparency of
donations to legal defense funds in the executive branch and to ensure
that Federal employees cannot obtain money from prohibited sources.
These regulations will be similar to rules that are already established
for Members of Congress, and I think that that is just common sense.
My amendment closes loopholes and eliminates conflicts of interest in
these legal defense funds in several ways.
First, it limits the gifts and donations that can be made to legal
defense funds to no more than $5,000 per person per year.
Second, it prohibits registered lobbyists, foreign governments, and
individuals involved in activities that are regulated by the agency
that is employing the individual who will receive the legal defense
fund dollars from contributing to their legal defense fund.
Third, it clarifies that employees may not accept gifts and donations
outside of legal defense funds to pay for
[[Page H2494]]
legal fees and expenses from civil or criminal proceedings.
And, fourth, it makes legal defense funds public by requiring that
the source of contributions and the amount of those contributions be
publicly disclosed.
Mr. Chair, this is a sensible amendment, and I reserve the balance of
my time.
Mr. JORDAN. Mr. Chair, I oppose the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Mr. Chair, the Office of Government Ethics already
consults with legal defense funds when prompted. OGE already published
two legal advisories around legal defense funds that define gifts
according to current U.S. Code and the ``Standard of Ethical Conduct
for Employees of the Executive Branch.'' Any legal defense fund
reviewed by OGE bars the trustee from accepting donations from already
prohibited sources.
Mr. Chair, I urge that Members oppose this bad amendment to an
already terrible underlying piece of legislation, and, respectfully, I
yield back the balance of my time.
Ms. JAYAPAL. Mr. Chair, in conclusion, I would say this bill, H.R. 1,
is about reclaiming our democracy, ensuring transparency and
accountability for the American people. For evidence of obstruction of
justice, public corruption, and abuses of power for any President and
the people surrounding him, we believe that this bill is essential, and
this amendment is essential.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The amendment was agreed to.
Amendment No. 16 Offered by Mr. Connolly
The Acting CHAIR. It is now in order to consider amendment No. 16
printed in part B of House Report 116-16.
Mr. CONNOLLY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 265, insert after line 9 the following (and conform
the succeeding subsection accordingly):
``(d) Surplus Appropriations.--If the amount of funds
appropriated for grants authorized under section 298D(a)(2)
exceed the amount necessary to meet the requirements of
subsection (b), the Commission shall consider the following
in making a determination to award remaining funds to a
State:
``(1) The record of the State in carrying out the following
with respect to the administration of elections for Federal
office:
``(A) Providing voting machines that are less than 10 years
old.
``(B) Implementing strong chain of custody procedures for
the physical security of voting equipment and paper records
at all stages of the process.
``(C) Conducting pre-election testing on every voting
machine and ensuring that paper ballots are available
wherever electronic machines are used.
``(D) Maintaining offline backups of voter registration
lists.
``(E) Providing a secure voter registration database that
logs requests submitted to the database.
``(F) Publishing and enforcing a policy detailing use
limitations and security safeguards to protect the personal
information of voters in the voter registration process.
``(G) Providing secure processes and procedures for
reporting vote tallies.
``(H) Providing a secure platform for disseminating vote
totals.
``(2) Evidence of established conditions of innovation and
reform in providing voting system security and the proposed
plan of the State for implementing additional conditions.
``(3) Evidence of collaboration between relevant
stakeholders, including local election officials, in
developing the grant implementation plan described in section
298B.
``(4) The plan of the State to conduct a rigorous
evaluation of the effectiveness of the activities carried out
with the grant.''.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from Virginia (Mr. Connolly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. CONNOLLY. Mr. Chair, H.R. 1, the For the People Act of 2019, of
which I am a proud cosponsor, delivers on the promise to reform
American democracy by protecting voting rights and our elections,
improving the transparency of campaign finance, and promoting ethics
and accountability.
Key to safeguarding voting rights is ensuring that our voting system
is secure and free from interference by foreign actors.
My amendment to H.R. 1 would help States implement voting system
security improvements in order to enhance the integrity of our Federal
election infrastructure.
Adapted from the FAST Voting Act, H.R. 1512, which I recently
reintroduced with my colleague, Representative Jim Langevin of Rhode
Island, this amendment to H.R. 1 would award supplementary grants to
State applicants based on evidence of previous election security
reforms and plans for implementing additional innovations.
This race-to-the-top model would incentivize States to adopt best
practices, including providing voting machines that are less than 10
years old, maintaining offline backups of voter registration lists, and
providing a secure platform for disseminating vote totals.
According to the Brennan Center for Justice, in the 2016 Federal
elections, voters relied on outdated voting equipment that was more
than a decade old in 43 of the 50 States, Mr. Chairman.
My amendment would also instruct the Election Assistance Commission,
when evaluating State grant applications, to consider evidence of
collaboration between relevant stakeholders, including local election
officials, in developing the grant implementation plan and the State's
plan to evaluate the effectiveness of its grant activities.
We now know that Russia directly targeted State voter databases and
software systems in 39 States during the 2016 Federal elections. That
effort by Russia and additional foreign entities to conduct robust
influence operations persisted, sadly, in the 2018 midterm elections,
and the U.S. intelligence community expects such attacks to continue
through the 2020 Federal elections.
Numerous witnesses before the Homeland Security Committee testified
on the ongoing need for investment to protect us from such attacks. The
need to strengthen the integrity of our voting system is crystal clear,
Mr. Chairman. We have a moral obligation as Members of Congress to
protect the sacred nature of the results of every election, and it is
urgent.
Mr. Chair, I urge my colleagues to support this simple but, I think,
helpful amendment to move us toward voter security in the next election
and enhance cybersecurity for all of our Federal election
infrastructure.
Mr. Chairman, I am delighted to see there is no opposition here on
the floor, and I yield back the balance of my time.
{time} 1900
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The amendment was agreed to.
Amendment No. 17 Offered by Ms. Foxx of North Carolina
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 116-16.
Ms. FOXX of North Carolina. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 617, insert after line 2 the following (and
redesignate the succeeding subtitle accordingly):
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY
CONGRESSIONAL EMPLOYEES.
(a) Reports.--The supervisor of an individual who performs
services for any Member, committee, or other office of the
Senate or House of Representatives for a period in excess of
four weeks and who receives compensation therefor from any
source other than the Federal Government shall submit a
report identifying the identity of the source, amount, and
rate of such compensation to--
(1) the Select Committee on Ethics of the Senate, in the
case of an individual who performs services for a Member,
committee, or other office of the Senate; or
(2) the Committee on Ethics of the House of
Representatives, in the case of an individual who performs
services for a Member (including a Delegate or Resident
Commissioner to the Congress), committee, or other office of
the House.
(b) Timing.--The supervisor shall submit the report
required under subsection (a) with respect to an individual--
(1) when such individual first begins performing services
described in such subparagraph;
(2) at the close of each calendar quarter during which such
individual is performing such services; and
[[Page H2495]]
(3) when such individual ceases to perform such services.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from North Carolina (Ms. Foxx) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. FOXX of North Carolina. Mr. Chairman, I rise to speak on behalf
of my amendment, co-authored by Representative Harley Rouda of
California, which seeks to bring badly-needed transparency to sources
of compensation for certain individuals staffing the legislative
branch.
I would like to start by thanking my colleague from California (Mr.
Rouda) for working together in this bipartisan fashion. I am always
willing to work across the aisle to find common ground, and I am glad
to have found a partner in him on this issue.
I would be remiss, however, if I did not mention the missed
opportunity for doing so on the underlying bill. This underlying
legislation ran afoul of the legislative process, having gone through
only one markup, despite 10 committee referrals.
Democratic leaders also rejected many Republican amendments that I
support, amendments that would have terminated Congressional pensions,
prohibiting pay for Congressmen when the government shuts down, and
other commonsense reforms.
If we are serious about strengthening our democracy, we need to start
with reforming our own Congress. Luckily, Representative Rouda and I
are doing just that through our amendment. Our amendment codifies a
Senate rule that requires legislative branch offices to disclose the
source of funding for Congressional fellows.
While the general public understands the need for strict regulations
on campaign contributions, gifts, and other methods of influence, many
Americans would be shocked to learn that the influence of personnel is
escaping public notice.
The Congressional Fellows program is a great contribution to this
institution on the whole, as it offers direct exposure and experience
in the legislative process to people outside of the Beltway. That
exposure is great for our democracy and great for the American public.
However, it goes without saying that fellows being paid by industry
groups, advocacy groups, or for-profit industries shouldn't be creating
any undue advantage by way of their access to this body.
In fact, there is an old saying around Congress that personnel equals
policy. If that is so evident to Members of Congress, then surely we
can understand the potential conflicts of interest that could arise
from this influence.
It has been reported some Congressional Fellows are working on
legislation pertaining to the very interest group they are being paid
by to support their work in Congress. The public would rightfully be
outraged to learn that even some of the largest social media firms in
this country are retaining fellows on Capitol Hill, and yet, the
average citizen outside the Beltway has no way of knowing about it.
This situation gives a whole new meaning to the term ``social media
influencer.''
While House ethics rules currently bar fellowship programs from
giving an ``undue advantage to special interests,'' the House of
Representatives lacks a reporting requirement to expose conflicts of
interest.
Our amendment would fill this gap by mandating that legislative
offices disclose the rate and source of compensation for Congressional
Fellows to their Chamber's respective Ethics Committee.
The taxpayers have a right to know about the funding, Mr. Chairman.
Mr. Chairman, at this time, let me yield to the gentleman from
California (Mr. Rouda), my cosponsor for the amendment.
Mr. ROUDA. Mr. Chair, I rise today in support of this bipartisan
amendment, which would codify disclosure requirements for paid
Congressional fellowships sponsored by nongovernment sources.
It has been a privilege to work with Congresswoman Foxx and her
office on this amendment to enhance transparency in Congress, and I
thank her for her attention to this matter.
I look forward to continuing to work with Congresswoman Foxx and my
other colleagues across the aisle to advance bipartisan initiatives.
I am eager to work with Democrats and Republicans to find common
ground and deliver practical, commonsense solutions for the American
people.
By passing this bipartisan amendment, we can show our constituents
that we are serious about improving transparency and accountability in
the people's House.
I ask my colleagues to join me in supporting this amendment.
Ms. FOXX of North Carolina. Mr. Chairman, could I inquire as to how
much time is remaining?
The Acting CHAIR. The gentlewoman from North Carolina has 45 seconds
remaining.
Ms. FOXX of North Carolina. Mr. Chairman, if personnel equals policy,
then the general public should have access to knowledge about the
influencers in our legislative body.
Again, I am glad to have been a partner with Congressman Rouda in
this bipartisan initiative. I ask my colleagues to support our
amendment to uphold transparency, accountability, and the integrity of
our legislative process. And I urge all Members to vote for the
amendment. It is a very commonsense amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from North Carolina (Ms. Foxx).
The amendment was agreed to.
Amendment No. 18 Offered by Mrs. Lawrence
The Acting CHAIR. It is now in order to consider amendment No. 18
printed in part B of House Report 116-16.
Mrs. LAWRENCE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 555, line 16, insert ``cabinet member,'' after ``vice
president,''.
Page 555, line 19, strike ``the President or Vice
President,'' and insert ``the President, Vice President, or
any Cabinet member''.
The Acting CHAIR. Pursuant to House Resolution 172, the gentlewoman
from Michigan (Mrs. Lawrence) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Michigan.
Mrs. LAWRENCE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this week, Congress has an opportunity to restore the
American people's faith in our political system. H.R. 1 is a
comprehensive set of democratic and anti-corruption reforms that work
for the people, as opposed to those privileged enough to game the
system.
My amendment is simple. It adds Cabinet members to the list of
individuals who cannot benefit from an agreement with the United States
government.
By ensuring the President, Vice President, and Cabinet members are
not able to benefit from agreements with the government, individuals in
a position to use their authority for their own personal gain will be
prohibited from doing so.
The American people expect their government to act in their best
interest, not in the best interest of their bank accounts.
When a department issues a ruling, the American people should not
have to consider whether a Cabinet member will benefit from that
action.
The President, the Vice President, and Cabinet members all have
tremendous power and decisionmaking authority within our government.
That power comes with great scrutiny and the need for oversight. This
commonsense amendment will eliminate that confusion.
Aside from providing essential oversight for our government, H.R. 1
addresses serious issues that have plagued our country for decades. For
years, Americans' access to the ballot box has been under attack, and
millions of voters have been removed from voter rolls across the
country.
Democrats are committed to ensuring that voting is free, fair, and
easy for all citizens, and that every vote by an eligible voter is
counted as cast.
H.R. 1, the For the People Act, codifies that oversight, and seeks to
shed a
[[Page H2496]]
light on any corrupt actions being taken by our elected officials and
Cabinet members.
Mr. Chairman, Cabinet members should be held to the same standard as
the President, Vice President, and Members of Congress, and should not
be able to benefit from agreements, policy, and their actions while
serving the U.S. Government. I urge my colleagues to support this
commonsense amendment that will help provide important oversight of our
government.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Michigan (Mrs. Lawrence).
The amendment was agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 19
printed in part B of House Report 116-16.
Amendment No. 20 Offered by Mr. Rouda
The Acting CHAIR. It is now in order to consider amendment No. 20
printed in part B of House Report 116-16.
Mr. ROUDA. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 127, insert after line 17 the following new section
(and conform the succeeding section accordingly):
SEC. 1505. PAPER BALLOT PRINTING REQUIREMENTS.
(a) In General.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504,
is amended by adding at the end the following new paragraph:
``(8) Printing requirements for ballots.--All paper ballots
used in an election for Federal office shall be printed on
recycled paper.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring on or after
January 1, 2021.
Page 128, line 4, strike ``subparagraphs (B) and (C)'' and
insert ``section 1505(b) of the For the People Act of 2019
and subparagraphs (B) and (C)''.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from California (Mr. Rouda) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROUDA. Mr. Chair, the people of Orange County sent me to Congress
because they were disillusioned with the nature of our politics,
whether it is the toxic partnership or the vice grip of special
interest money on our political system.
I offer these amendments today to improve this landmark bill by
regulating political ads and restore voters' confidence in our
elections.
Our government has, for too long, preferred to shield special
interests instead of our constituents; and that ends by getting out of
politics and passing the For the People Act.
In an age of advanced cybersecurity threats, more States are looking
to one of the oldest technologies in existence, paper. Currently, the
majority of States utilize some form of paper ballot for elections,
with more taking steps to adopt paper-only systems.
My amendment would require the use of recycled paper for Federal
elections, a critical step to increasing the sustainability of our
elections. Recycled paper production emits 40 percent fewer greenhouse
gases, uses 26 percent less energy, and creates 43 percent less water
waste than non-recycled paper.
The impact of requiring the use of recycled paper for ballots is
significant when you consider the amount of paper used in the United
States. In fact, Americans use approximately 85 million tons of paper a
year, about 680 pounds per person per year.
Recycling just 1 ton of paper can save 17 trees, 7,000 gallons of
water, 380 gallons of oil, 3.3 cubic yards of landfill space, and 4,000
kilowatts of energy, reducing greenhouse gases by 1 metric ton of
carbon.
As security concerns continue to inspire moves to replace electronic
voting methods with paper ballots, we must be mindful of the
environmental impact.
{time} 1915
Using recycled paper for our ballots would improve not just our right
to vote, but also save the environment.
Mr. Chair, I urge adoption of my amendment, and I reserve the balance
of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I claim the time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I respect the gentleman's
amendment. As important as recycled paper may be, this, I believe,
would present an undue burden on our States and our local officials who
administer these elections.
This requirement of using recycled paper is narrowly tailored for
Federal office elections, yet Federal, State, and local elections often
occur at the same time. This makes it incredibly impractical and
difficult for State election officials to comply with this amendment.
States, theoretically, may have to have two different paper ballots:
one for Federal elections and the other for State and local matters.
Also, recycled paper is less available and more expensive, giving
local election officials fewer options. This requirement could have an
undue burden on States as they aim to comply with this amendment, and
it is impractical, as voters often vote on Federal, State, and local
elections on the same ballot.
This is ultimately a federalism issue. I have a problem with the
entire bill being a federalism issue. We should defer to the States and
their budgets on how to best administer elections tailored to their
unique considerations.
Mr. Chair, I reserve the balance of my time.
Mr. ROUDA. Mr. Chair, I thank the gentleman for his comments, but
with all due respect, I don't believe the facts support those
statements.
It is quite clear that many States are already using recycled paper
in their ballots, and recycled paper often can be cheaper than the
paper chosen by certain States. This is a small request that goes a
long way in supporting environmental health across our great country
and continuing to fight climate change.
Mr. Chair, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I appreciate the gentleman's
willingness to show awareness and concern over climate change and our
environment. Maybe this amendment is better suited for when the New
Green Deal is called up on the floor for all of us to cast a vote upon,
but this is an undue, unfunded mandate from the Federal Government
right down to the State and local officials.
This is something that can cost local election officials even more
money to run elections and then also run the risk of them not having
enough money to budget to print enough ballots that will be available
on election day for the increased voter turnout that we have seen over
the last few election cycles. At that point in time, it becomes a very
big burden on local taxpayers.
This bill is going to be a burden on local taxpayers. This bill is
estimated to already cost almost $3 billion. It creates another
mandatory spending program.
I appreciate my new colleague's willingness to come here and offer
amendments. I just believe that this amendment is, again, adding to the
unfair, unfunded burden that H.R. 1 gives to many State and local
election officials.
State and local election officials know best how to stack their
ballot boxes to ensure they have enough ballots for everybody to vote,
and this will now be an added cost.
Mr. Chair, I yield back the balance of my time.
Mr. ROUDA. Mr. Chair, while I appreciate the comments and concerns
about the potential increase in cost to local and State institutions in
administering the vote, I would point out that my Republican brethren
were quick to pass a tax bill that added $2 trillion to our deficit,
while simultaneously not addressing requests by local municipalities
and States for additional funding to make sure that we had proper
voting taking place for all voters across the U.S.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Rouda).
The amendment was agreed to.
Amendment No. 21 Offered by Mr. Rouda
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in part B of House Report 116-16.
Mr. ROUDA. Mr. Chair, I have an amendment at the desk.
[[Page H2497]]
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 127, insert after line 17 the following (and conform
the succeeding section accordingly):
SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall
conduct a study of the best ways to design ballots used in
elections for public office, including paper ballots and
electronic or digital ballots, to minimize confusion and user
errors.
(b) Report.--Not later than January 1, 2020, the Election
Assistance Commission shall submit to Congress a report on
the study conducted under subsection (a).
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from California (Mr. Rouda) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROUDA. Mr. Chair, every election, hundreds of thousands of votes
are not counted simply because of bad ballot design. These citizens
fulfill their patriotic duty, but their voices are silenced by
confusing voter instructions and poor ballot design. This cannot
continue.
Although most Americans associate bad ballot design with the 2000
Presidential race and hanging chads, unnecessarily complex and
misleading ballots still plague our elections today.
Confusing ballot design has a significant and well-documented effect
on our elections, disproportionately affecting low-income and elderly
voters.
You shouldn't need a magnifying glass to read a candidate's name and
you shouldn't need a Ph.D. to understand voter instructions. My
amendment simply directs the U.S. Election Assistance Commission to
study the best ways to design both paper and digital ballots. By
reviewing uncounted vote data and conducting usability tests, the U.S.
Election Assistance Commission can provide States with better ballot
design guidelines.
This study, which would be due in January 2020, is a commonsense way
to ensure that more Americans' votes are counted next election and in
every election to come.
Mr. Chair, I ask my colleagues to join me in supporting this
amendment, and I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I rise in opposition to the
amendment.
The Acting Chair. The gentleman is recognized for 5 minutes.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I thank the sponsor of
the amendment.
Mr. Chair, again, this is another added cost to the taxpayers that I
believe, and my colleagues, I believe, should agree is already being
taken care of. The EAC is already tasked to take on this role.
The Election Assistance Commission is an independent, bipartisan
commission charged with developing guidance to meet the Help America
Vote Act of 2002 requirements.
The EAC has already done extensive work on best practices for ballot
design that are available to State and local officials already. In
fact, the EAC published their insights on the importance of good ballot
design just last month and are already in the process of updating its
guidance based upon the feedback it has received. I would assume that
would have been studied already.
Additionally, every 2 years following an election, the EAC sends its
election administration voting survey to election officials in all 50
States, the District of Columbia, and our four territories. The survey
includes national-, State-, and county-level data on voter
registration; uniformed and overseas voters; early, absentee,
provisional voting; voting equipment usage; and poll workers, polling
places, and precincts.
All that to say, again, this is a waste of taxpayer dollars to be
redundant and have the EAC perform another study that is going to cost
the taxpayers of this country.
Mr. Chair, I reserve the balance of my time.
Mr. ROUDA. Mr. Chair, I thank the gentleman for his comments.
It sounds like we are in agreement, because he supports studies that
have made these ballots improved over time. As we just saw from the
most recent election cycle, it is clear that we still have work to do.
So we have agreement that we want better ballots at all locations, and
I am glad Mr. Davis is joining me in support of that.
I also would recognize that this does not require States to follow
the suggested potential improved ballot, but makes it clear that there
are better ways to do it.
Mr. Chair, I yield back the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I appreciate the gentleman's
intention, and I appreciate his willingness as a new Member of this
institution to come down here and participate in the amendment process.
We need folks who come to this institution and they want to legislate,
they want to be on the floor, they want to offer amendments.
My biggest problem with this amendment is we don't know how much this
study is going to cost taxpayers. These are the types of studies that I
believe the information that my colleague wants to get is already going
to be in place. Why do we need to spend any more tax dollars on another
study that is going to provide the same answers that my colleague has
already asked them to now do a new study on? The EAC is doing their
job.
Now, let's get back to the overall issue of H.R. 1.
H.R. 1 was a bill introduced on January 3 with zero Republican input,
zero outreach to anybody on my side of the aisle, let alone the three
Republicans that we have serving on the House Administration Committee,
the only committee that marked this bill up.
At that announcement of this 571-page bill that is cosponsored by
every member of the Democratic conference, it was shown that, heck, the
author thanked all the outside special interest groups who helped write
it.
We were given no input whatsoever on this legislation that is going
to cost the taxpayers billions of dollars.
I am sorry, Mr. Chairman. I am going to do everything I can to make
sure we lessen the amount of undue influence and unfunded mandates
coming through this amendment process, and this is my one chance to do
that.
Now, I am glad that my colleague mentioned the H.R. 1 of the last
Congress. I learned my lesson not to yield back, as he just did,
because now I get the last word.
This is an opportunity to remind my colleague, my new colleague, that
it has even been reported 80 percent of what the Congressional Budget
Office estimated that our tax cut bill that put thousands of dollars in
the pockets of middle-class families, it has already paid for itself by
80 percent. In less than a year, we changed this. This is why H.R. 1 of
the last Congress actually helped families put more money in their
pockets.
H.R. 1 this year is going to actually cost taxpayers billions and put
more money in the pockets of Members of Congress' campaigns.
This is a travesty that is no comparison, and that is exactly why
this bill is terrible. And no offense to my colleague; I just oppose
his amendment because I think it is redundant.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Rouda).
The amendment was agreed to.
Amendment No. 22 Offered by Mr. Rouda
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 116-16.
Mr. ROUDA. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 72, insert after line 2 the following:
SEC. 1052. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS
FORM TO REMIND INDIVIDUALS TO UPDATE VOTER
REGISTRATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Postmaster General shall
modify any hard copy change of address form used by the
United States Postal Service so that such form contains a
reminder that any individual using such form should update
the individual's voter registration as a result of any change
in address.
(b) Application.--The requirement in subsection (a) shall
not apply to any electronic version of a change of address
form used by the United States Postal Service.
The Acting CHAIR. Pursuant to House Resolution 172, the gentleman
from California (Mr. Rouda) and a
[[Page H2498]]
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. ROUDA. Mr. Chair, each year, too many Americans lose their voter
registration status when they move without updating their voter
registration address.
My amendment is a commonsense measure which directs the Postmaster
General to include a notice on the Postal Service's hard copy change of
address form simply reminding voters to update their voter registration
following a change of address.
The online change of address form on the Postal Service's website
already includes a reminder to reregister with your new address. This
amendment would simply ensure that voters who use the hard copy change
of address form also get a reminder to update their voter registration.
No one should be denied the right to vote simply because they forgot
to update their voter registration address following a move.
Mr. Chair, I urge adoption of this amendment, and I reserve the
balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I claim the time in
opposition to the amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. RODNEY DAVIS of Illinois. Mr. Chair, I appreciate the
opportunity.
I am not necessarily opposed to this amendment, and if the gentleman
is willing, I am ready to move towards closing. I am ready to close on
this debate, so I reserve the balance of my time.
Mr. ROUDA. Mr. Chair, if my colleague is ready to yield back and
proceed to a vote, then I am certainly willing to do so as well.
I reserve the balance of my time.
{time} 1930
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield back the balance
of my time.
Mr. ROUDA. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Rouda).
The amendment was agreed to.
Ms. LOFGREN. I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms.
Mucarsel-Powell) having assumed the chair, Mr. Cartwright, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R. 1)
to expand Americans' access to the ballot box, reduce the influence of
big money in politics, and strengthen ethics rules for public servants,
and for other purposes, had come to no resolution thereon.
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