[Congressional Record Volume 166, Number 221 (Tuesday, December 29, 2020)]
[Senate]
[Pages S7968-S7969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 5085. A bill to amend the Internal Revenue Code of 1986 to 
increase the additional 2020 recovery rebates, to repeal section 230 of 
the Communications Act of 1934, and for other purposes; read the first 
time.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 5085

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCREASE IN 2020 RECOVERY REBATES.

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

     SEC. 2. REPEAL OF SECTION 230.

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     1934 (47 U.S.C. 230) is repealed.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

     SEC. 3. 2020 BIPARTISAN ADVISORY COMMITTEE.

       (a) Establishment.--There is established within the 
     Election Assistance Commission the 2020 Bipartisan Advisory 
     Committee (referred to in this section as the ``Advisory 
     Committee'').
       (b) Membership.--
       (1) Composition.--The Advisory Committee shall be composed 
     of 18 members of whom--
       (A) nine shall be appointed by the leader of the Republican 
     caucus in the Senate (in consultation with the minority 
     leader of the House of Representatives), one of which shall 
     be appointed as a Co-Chairperson of the Advisory Committee; 
     and
       (B) nine shall be appointed by the Speaker of the House of 
     Representatives (in consultation with the leader of the 
     Democratic caucus in the Senate), one of which shall be 
     appointed as a Co-Chairperson of the Advisory Committee.
       (2) Representation.--Individuals appointed to the Advisory 
     Committee under paragraph (1) shall be geographically 
     balanced and shall include representatives of Federal, State, 
     and local governments and of the legal, cybersecurity, and 
     election administration and technology communities.
       (3) Date.--The appointments of the members of the Advisory 
     Committee shall be made not later than 90 days after the date 
     of enactment of this Act.
       (c) Period of Appointment; Vacancies.--
       (1) In general.--Except as provided in paragraph (2), a 
     member of the Advisory shall be appointed for the duration of 
     the Advisory Committee.

[[Page S7969]]

       (2) Removal.--A member may be removed from the Advisory 
     Committee at any time at the upon concurrence of both of the 
     Co-Chairpersons of the Advisory Committee.
       (3) Vacancies.--A vacancy in the Advisory Committee--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment.
       (d) Duties.--
       (1) Study.--
       (A) In general.--The Advisory Committee shall, consistent 
     with applicable law, study the integrity and administration 
     of the general election for Federal office held in November 
     2020 and make recommendations to Congress to improve the 
     security, integrity, and administration of Federal elections.
       (B) Matters studied.--The matters studied by the Advisory 
     Committee shall include--
       (i) the effects of the COVID-19 pandemic on the 
     administration of the general election for Federal office 
     held in November 2020;
       (ii) the election practices adopted by Federal, State, and 
     local governments in response to the COVID-19 pandemic, 
     including--

       (I) practices that undermined the security and integrity of 
     the election; and
       (II) practices that strengthened the security and integrity 
     of the election;

       (iii) the laws, rules, policies, activities, strategies, 
     and practices regarding mail-in ballots, absentee ballots, 
     and vote-by-mail procedures, including--

       (I) measures that undermined the security and integrity of 
     the election; and
       (II) measures that strengthened the security and integrity 
     of the election;

       (iv) any laws, rules, policies, activities, strategies, and 
     practices that would have allowed improper or fraudulent 
     votes to be cast in such election and the scope of any 
     improper and fraudulent votes that were cast in the election; 
     and
       (v) any laws, rules, policies, activities, strategies, and 
     practices that would have allowed improper or fraudulent 
     voter registration and the scope of any improper or 
     fraudulent voter registration.
       (2) Reports.--
       (A) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Advisory Committee shall 
     submit to the Election Assistance Commission and the 
     appropriate Congressional committees a report on the matter 
     studied under paragraph (1). Such report shall include--
       (i) precinct-by-precinct data highlighting the number and 
     incidence of any improper and fraudulent votes that were cast 
     in the election; and
       (ii) precinct-by-precinct data highlighting the number and 
     incidence of any improper and fraudulent voter registrations.
       (B) Recommendations.--
       (i) In general.--Not later than 360 days after the date of 
     the enactment of this Act, the Advisory Committee shall 
     submit to the Election Assistance Commission and the 
     appropriate Congressional committees recommendations on the 
     following:

       (I) The best practices that should be adopted by at each 
     level of local, State, and Federal Government for 
     administering elections for Federal office--

       (aa) during the COVID-19 pandemic; and
       (bb) during other national emergencies.

       (II) The best practices that should be adopted at each 
     level of local, State, and Federal Government to mitigate 
     fraud and increase the integrity and security of mail-in 
     ballots, absentee ballots, and vote-by-mail procedures.
       (III) The best practices that should be adopted at each 
     level of local, State, and Federal Government to prevent 
     improper or fraudulent votes from being cast.
       (IV) The best practices that should be adopted at each 
     level of local, State, and Federal Government to prevent 
     improper voters from being registered.

       (ii) Minority views.--In the case of any recommendation 
     with respect to which one-third or more of the Committee does 
     not concur, the report shall include a justification for why 
     such members do not concur.
       (C) Appropriate congressional committees.--For purposes of 
     this paragraph, the term ``appropriate Congressional 
     Committees'' means--
       (i) the Committee on Rules and Administration of the 
     Senate;
       (ii) the Committee on the Judiciary of the Senate;
       (iii) the Committee on House Administration of the House of 
     Representatives; and
       (iv) the Committee on the Judiciary of the House of 
     Representatives.
       (e) Commission Personnel Matters.--
       (1) Prohibition on compensation of members.--The members of 
     the Advisory Committee may not receive pay or benefits from 
     the United States Government by reason of their service on 
     the Advisory Committee.
       (2) Staff.--
       (A) In general.--Each Co-Chairperson of the Advisory 
     Committee may appoint not more than 5 subject matter experts 
     to serve as staff to the Advisory Committee.
       (B) Compensation.--The Co-Chairpersons of the Advisory 
     Committee may fix the compensation of the staff of the 
     Advisor Committee without regard to chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the staff may not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of that title.
       (f) Termination.--The Advisory Committee shall terminate 90 
     days after the date on which the Advisory Committee submits 
     the report required under subsection (d).
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee.

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

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

     ``SEC. 303A. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE 
                   BY FOREIGN NATIONALS.

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

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