Congressional Record, Volume 167 Issue 39 (Tuesday, March 2, 2021)

[Congressional Record Volume 167, Number 39 (Tuesday, March 2, 2021)]
[House]
[Pages H886-H1009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 0915
FOR THE PEOPLE ACT OF 2021

Ms. LOFGREN. Madam Speaker, pursuant to House Resolution 179, I call
up the bill (H.R. 1) to expand Americans' access to the ballot box,
reduce the influence of big money in politics, strengthen ethics rules
for public servants, and implement other anti-corruption measures for
the purpose of fortifying our democracy, and for other purposes, and
ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. DeGette). Pursuant to House Resolution
179 the amendment printed in part A of House Report 117-9 is adopted,
and the bill, as amended, is considered 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
2021''.

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

(a) Divisions.--This Act is organized into divisions as
follows:

[[Page H887]]

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

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

DIVISION A--VOTING

TITLE I--ELECTION ACCESS

Sec. 1000. Short title; statement of policy.

Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.

Part 1--Promoting Internet Registration

Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security number.
Sec. 1006. 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.
Sec. 1052. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to
remind individuals to update voter registration.
Sec. 1054. Grants to States for activities to encourage involvement of
minors in election activities.

Part 6--Availability of HAVA Requirements Payments

Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.

Part 7--Prohibiting Interference With Voter Registration

Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.

Part 8--Voter Registration Efficiency Act

Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves as residence
for voter registration purposes.

Part 9--Providing Voter Registration Information to Secondary School
Students

Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.

Part 10--Voter Registration of Minors

Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.

Subtitle B--Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with
disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Sec. 1103. Pilot programs for enabling individuals with disabilities to
register to vote privately and independently at
residences.
Sec. 1104. GAO analysis and report on voting access for individuals
with disabilities.

Subtitle C--Prohibiting Voter Caging

Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.

Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation

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

Subtitle E--Democracy Restoration

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.

Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
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. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Effective date for new requirements.

Subtitle G--Provisional Ballots

Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.

Subtitle H--Early Voting

Sec. 1611. Early voting.

Subtitle I--Voting by Mail

Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.

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. Extending guarantee of residency for voting purposes to
family members of absent military personnel.
Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. Effective date.

Subtitle K--Poll Worker Recruitment and Training

Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.

Subtitle L--Enhancement of Enforcement

Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.

Subtitle M--Federal Election Integrity

Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.

Subtitle N--Promoting Voter Access Through Election Administration
Improvements

Part 1--Promoting Voter Access

Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Voter information response systems and hotline.
Sec. 1906. Ensuring equitable and efficient operation of polling
places.
Sec. 1907. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal office.
Sec. 1908. Prohibiting States from restricting curbside voting.
Sec. 1909. Election Day as legal public holiday.

Part 2--Disaster and Emergency Contingency Plans

Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and emergencies.

Part 3--Improvements in Operation of Election Assistance Commission

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

Part 4--Miscellaneous Provisions

Sec. 1931. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. No effect on other laws.

Subtitle O--Severability

Sec. 1941. Severability.

[[Page H888]]

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--Territorial Voting Rights

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

Subtitle E--Redistricting Reform

Sec. 2400. Short title; finding of constitutional authority.

Part 1--Requirements for Congressional Redistricting

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

Part 2--Independent Redistricting Commissions

Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent
redistricting commissions.

Part 3--Role of Courts in Development of Redistricting Plans

Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.

Part 4--Administrative and Miscellaneous Provisions

Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.

Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census

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

Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.

subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census

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

Subtitle F--Saving Eligible Voters From Voter Purging

Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.

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

Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.

Subtitle H--Residence of Incarcerated Individuals

Sec. 2701. Residence of incarcerated individuals.

Subtitle I--Findings Relating to Youth Voting

Sec. 2801. Findings relating to youth voting.

Subtitle J--Severability

Sec. 2901. Severability.

TITLE III--ELECTION SECURITY

Sec. 3000. Short title; sense of Congress.

Subtitle A--Financial Support for Election Infrastructure

Part 1--Voting System Security Improvement Grants

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

Part 2--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.
Sec. 3106. Pre-election threat assessments.

Subtitle C--Enhancing Protections for United States Democratic
Institutions

Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.

Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration

Sec. 3301. 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.

Subtitle F--Election Security Grants Advisory Committee

Sec. 3501. Establishment of advisory committee.

Subtitle G--Miscellaneous Provisions

Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.

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

Sec. 3701. Use of voting machines manufactured in the United States.

Subtitle I--Severability

Sec. 3801. Severability.

DIVISION B--CAMPAIGN FINANCE

TITLE IV--CAMPAIGN FINANCE TRANSPARENCY

Subtitle A--Establishing Duty To Report Foreign Election Interference

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

Subtitle B--DISCLOSE Act

Sec. 4100. Short title.

Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections

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

Part 2--Reporting of Campaign-Related Disbursements

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

Part 3--Other Administrative Reforms

Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.

Subtitle C--Strengthening Oversight of Online Political Advertising

Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
Sec. 4210. Independent study on media literacy and online political
content consumption.

[[Page H889]]

Sec. 4211. Requiring online platforms to display notices identifying
sponsors of political advertisements and to ensure
notices continue to be present when advertisements are
shared.

Subtitle D--Stand By Every Ad

Sec. 4301. Short title.
Sec. 4302. Stand by every ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on internet communications.
Sec. 4305. Effective date.

Subtitle E--Deterring Foreign Interference in Elections

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

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

Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals

Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.

Part 3--Prohibiting Use of Deepfakes in Election Campaigns

Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.

Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists

Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.

Subtitle F--Secret Money Transparency

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political activity of
certain nonprofit organizations.
Sec. 4502. Repeal of regulations.

Subtitle G--Shareholder Right-to-Know

Sec. 4601. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders of
corporations have knowledge of corporation political
activity.
Sec. 4602. Assessment of shareholder preferences for disbursements for
political purposes.
Sec. 4603. Governance and operations of corporate PACs.

Subtitle H--Disclosure of Political Spending by Government Contractors

Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government contractors.

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

Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.

Subtitle J--Miscellaneous Provisions

Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.

TITLE V--CAMPAIGN FINANCE EMPOWERMENT

Subtitle A--Findings Relating to Citizens United Decision

Sec. 5001. Findings relating to Citizens United decision.

Subtitle B--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. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. 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.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.

Subtitle E--Empowering Small Dollar Donations

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

Subtitle F--Severability

Sec. 5501. Severability.

TITLE VI--CAMPAIGN FINANCE OVERSIGHT

Subtitle A--Restoring Integrity to America's Elections

Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Effective date; transition.

Subtitle B--Stopping Super PAC-Candidate Coordination

Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.

Subtitle C--Disposal of Contributions or Donations

Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.

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

Sec. 6301. Recommendations to ensure filing of reports before date of
election.

Subtitle E--Severability

Sec. 6401. Severability.

DIVISION C--ETHICS

TITLE VII--ETHICAL STANDARDS

Subtitle A--Supreme Court Ethics

Sec. 7001. Code of conduct for Federal judges.

Subtitle B--Foreign Agents Registration

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

Subtitle C--Lobbying Disclosure Reform

Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of 1995.
Sec. 7202. Prohibiting receipt of compensation for lobbying activities
on behalf of foreign countries violating human rights.
Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon
making any lobbying contacts.

Subtitle D--Recusal of Presidential Appointees

Sec. 7301. Recusal of appointees.

Subtitle E--Clearinghouse on Lobbying Information

Sec. 7401. Establishment of clearinghouse.

Subtitle F--Severability

Sec. 7501. 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.

[[Page H890]]

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.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government officers and
employees.

Subtitle B--Presidential Conflicts of Interest

Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential conflict of
interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal defense funds.

Subtitle C--White House Ethics Transparency

Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.

Subtitle D--Executive Branch Ethics Enforcement

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

Subtitle E--Conflicts From Political Fundraising

Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.

Subtitle F--Transition Team Ethics

Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.

Subtitle G--Ethics Pledge For Senior Executive Branch Employees

Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.

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

Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.

Subtitle I--Severability

Sec. 8081. Severability.

TITLE IX--CONGRESSIONAL ETHICS REFORM

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

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

Subtitle B--Conflicts of Interests

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

Subtitle C--Campaign Finance and Lobbying Disclosure

Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are registered
lobbyists.
Sec. 9203. Effective date.

Subtitle D--Access to Congressionally Mandated Reports

Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.

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

Sec. 9401. Reports on outside compensation earned by congressional
employees.

Subtitle F--Severability

Sec. 9501. Severability.

TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 10001. Presidential and Vice Presidential tax transparency.

SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.

Congress finds that the Constitution of the United States
grants explicit and broad authority to protect the right to
vote, to regulate elections for Federal office, to prevent
and remedy discrimination in voting, and to defend the
Nation's democratic process. Congress enacts the ``For the
People Act of 2021'' pursuant to this broad authority,
including but not limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section
4, clause 1. The Supreme Court has affirmed that the
``substantive scope'' of the Elections Clause is ``broad'';
that ``Times, Places, and Manner'' are ``comprehensive words
which embrace authority to provide for a complete code for
congressional elections''; and ``[t]he power of Congress over
the Times, Places and Manner of congressional elections is
paramount, and may be exercised at any time, and to any
extent which it deems expedient; and so far as it is
exercised, and no farther, the regulations effected supersede
those of the State which are inconsistent therewith''.
Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9
(2013) (internal quotation marks and citations omitted).
Indeed, ``Congress has plenary and paramount jurisdiction
over the whole subject'' of congressional elections, Ex parte
Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power
``may be exercised as and when Congress sees fit'', and ``so
far as it extends and conflicts with the regulations of the
State, necessarily supersedes them''. Id. At 384. Among other
things, Congress finds that the Elections Clause was intended
to ``vindicate the people's right to equality of
representation in the House''. Wesberry v. Sanders, 376 U.S.
1, 16 (1964), and to address partisan gerrymandering, Rucho
v. Common Cause, 588 U. S. ____, 32-33 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United
States, to fulfill the promise of article IV, section 4, of
the Constitution, which states: ``The United States shall
guarantee to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is
particularly strong given that Federal courts have not
enforced this clause because they understood that its
enforcement is committed to Congress by the Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to
legislate to enforce the provisions of the Fourteenth
Amendment, including its protections of the right to vote and
the democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd.
of Election v. Socialist Workers Party, 440 U.S. 173, 184
(1979); see United States v. Classic, 313 U.S. 299 (1941)
(``Obviously included within the right to choose, secured by
the Constitution, is the right of qualified voters within a
state to cast their ballots and have them counted . . .'').
As the Supreme Court has repeatedly affirmed, the right to
vote is ``preservative of all rights'', Yick Wo v. Hopkins,
118 U.S. 356, 370 (1886). Section 2 of the Fourteenth
Amendment also protects the right to vote, granting Congress
additional authority to reduce a State's representation in
Congress when the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively
onerous voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a
citizen's vote just as effectively as by wholly prohibiting
the free exercise of the franchise''. Reynolds v. Sims, 377
U.S. 533, 555 (1964). Congress finds that the right of
suffrage has been so diluted and debased by means of
gerrymandering of districts. Congress finds that it has
authority pursuant to section 5 of the Fourteenth Amendment
to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and
the democratic process pursuant to both section 5 of the
Fourteenth Amendment, which grants equal protection of the
laws, and section 2 of the Fifteenth Amendment, which
explicitly bars denial or abridgment of the right to vote on
account of race, color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting
restrictions, redistricting, and other electoral practices
and processes continue to disproportionately impact
communities of color in the United States and do so as a
result of both intentional racial discrimination, structural
racism, and the ongoing structural socioeconomic effects of
historical racial discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face
intimidation at the polls, are more likely to be
disenfranchised by voter purges, and are disproportionately
burdened by voter identification and other voter
restrictions. Research shows that communities of color are
more likely to face nearly every barrier to voting than their
white counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2020, according to the Sentencing
Project, an estimated 5,200,000 Americans could not vote due
to a felony conviction. One in 16 African Americans of voting
age is disenfranchised, a rate 3.7 times greater

[[Page H891]]

than that of non-African Americans. In seven States-Alabama,
Florida, Kentucky, Mississippi, Tennessee, Virginia, and
Wyoming-more than one in seven African Americans is
disenfranchised, twice the national average for African
Americans. Congress finds that felony disenfranchisement was
one of the tools of intentional racial discrimination during
the Jim Crow era. Congress further finds that current racial
disparities in felony disenfranchisement are linked to this
history of voter suppression, structural racism in the
criminal justice system, and ongoing effects of historical
discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on
account of sex, age, or ability to pay a poll tax or other
tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions, voter identification requirements, and other
restrictions to the franchise burden voters on account of
their ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses,
age restrictions on mail voting, and similar practices burden
the right to vote on account of age.

SEC. 4. STANDARDS FOR JUDICIAL REVIEW.

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

DIVISION A--VOTING

TITLE I--ELECTION ACCESS

Sec. 1000. Short title; statement of policy.

Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.

Part 1--Promoting Internet Registration

Part 2--Automatic Voter Registration

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

Part 6--Availability of HAVA Requirements Payments

Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.

Part 7--Prohibiting Interference With Voter Registration

Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.

Part 8--Voter Registration Efficiency Act

Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves as residence
for voter registration purposes.

Part 9--Providing Voter Registration Information to Secondary School
Students

Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.

Part 10--Voter Registration of Minors

Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.

Subtitle B--Access to Voting for Individuals With Disabilities

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

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

Subtitle G--Provisional Ballots

Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.

Subtitle H--Early Voting

Sec. 1611. Early voting.

Subtitle I--Voting by Mail

Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.

Subtitle J--Absent Uniformed Services Voters and Overseas Voters

[[Page H892]]

Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. 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

Part 2--Disaster and Emergency Contingency Plans

Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and emergencies.

Part 3--Improvements in Operation of Election Assistance Commission

Part 4--Miscellaneous Provisions

Sec. 1931. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. No effect on other laws.

Subtitle O--Severability

Sec. 1941. Severability.

SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.

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

Subtitle A--Voter Registration Modernization

SEC. 1000A. SHORT TITLE.

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

PART 1--PROMOTING INTERNET REGISTRATION

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

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

``SEC. 6A. INTERNET REGISTRATION.

``(a) Requiring Availability of Internet for Online
Registration.--Each State, acting through the chief State
election official, shall ensure that the following services
are available to the public at any time on the official
public websites of the appropriate State and local election
officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c)).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall
accept an online voter registration application provided by
an individual under this section, and ensure that the
individual is registered to vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote
by mail in accordance with section 6(a)(1) using the mail
voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2);
and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in
the case of applications submitted during or after the second
year in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a signature on
file with a State agency, including the State motor vehicle
authority, that is required to provide voter registration
services under this Act or any other law, the individual
consents to the transfer of that electronic signature.
``(B) If subparagraph (A) does not apply, the individual
submits with the application an electronic copy of the
individual's handwritten signature through electronic means.
``(C) If subparagraph (A) and subparagraph (B) do not
apply, the individual executes a computerized mark in the
signature field on an online voter registration application,
in accordance with reasonable security measures established
by the State, but only if the State accepts such mark from
the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other elements
of the online voter registration application;
``(B) permit the individual to provide a signature at the
time the individual requests a ballot in an election (whether
the individual requests the ballot at a polling place or
requests the ballot by mail); and
``(C) if the individual carries out the steps described in
subparagraph (A) and subparagraph (B), ensure that the
individual is registered to vote in the State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--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--
``(A) in the case of an individual who has provided the
official with an electronic mail address, by electronic mail;
and
``(B) at the option of the individual, by text message.
``(e) Provision of Services in Nonpartisan Manner.--The
services made available under subsection (a) shall be
provided in a manner that ensures that, 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 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

[[Page H893]]

303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C.
21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the
National Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet the
requirements of subparagraph (B) if--
``(i) the individual registered to vote in the State online
under section 6A of the National Voter Registration Act of
1993; and
``(ii) the individual has not previously voted in an
election for Federal office in the State.
``(B) Requirements.--An individual meets the requirements
of this subparagraph if--
``(i) in the case of an individual who votes in person, the
individual provides the appropriate State or local election
official with a handwritten signature; or
``(ii) in the case of an individual who votes by mail, the
individual submits with the ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not apply in
the case of an individual who is--
``(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in person under any
other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A))
is amended by striking ``Each State'' and inserting ``Except
as provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in the case of online registration through the
official public website of an election official under section
6A, if the valid voter registration application is submitted
online not later than the lesser of 28 days, or the period
provided by State law, before the date of the election (as
determined by treating the date on which the application is
sent electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C.
20507(a)(5)) is amended by striking ``and 7'' and inserting
``6A, and 7''.

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

(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended
by adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local election
official shall ensure that any registered voter on the
computerized list may at any time update the voter's
registration information, including the voter's address and
electronic mail address, online through the official public
website of the election official responsible for the
maintenance of the list, so long as the voter attests to the
contents of the update by providing a signature in electronic
form in the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate State or
local election official shall--
``(i) revise any information on the computerized list to
reflect the update made by the voter; and
``(ii) if the updated registration information affects the
voter's eligibility to vote in an election for Federal
office, ensure that the information is processed with respect
to the election if the voter updates the information not
later than the lesser of 7 days, or the period provided by
State law, before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the online submission
of updated registration information by an individual under
this paragraph, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the updated information and providing
instructions on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has accepted
or rejected updated information submitted by an individual
under this paragraph, the official shall send the individual
a notice of the disposition of the update.
``(iii) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subparagraph by regular mail and--

``(I) in the case of an individual who has requested that
the State provide voter registration and voting information
through electronic mail, by electronic mail; and
``(II) at the option of the individual, by text message.''.

(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A))
is amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's
information on the computerized statewide voter registration
list using the online method provided under section 303(a)(6)
of the Help America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online
method,''.

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

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

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

[[Page H894]]

(b) National Mail Voter Registration Form.--Section 9(b)(1)
of such Act (52 U.S.C. 20508(b)(1)) is amended by striking
the semicolon at the end and inserting the following: ``, and
to the extent that the form requires the applicant to provide
a Social Security number, the form may not require the
applicant to provide more than the last 4 digits of such
number;''.

SEC. 1006. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made
by section 1004) shall take effect January 1, 2022.
(b) Waiver.--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, 2022'' were a reference to
``January 1, 2024''.

PART 2--AUTOMATIC VOTER REGISTRATION

SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE.

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

SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

(a) Requiring States To Establish and Operate Automatic
Registration System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this part.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections
for Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so
that, unless the individual affirmatively declines to be
registered, the individual will be registered to vote in such
elections.
(b) Registration of Voters Based on New Agency Records.--
The chief State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual
pursuant to section 1013, ensure that the individual is
registered to vote in elections for Federal office in the
State if the individual is eligible to be registered to vote
in such elections; and
(2) not later than 120 days after 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. Nothing in the previous sentence may be
construed to require a State to permit an individual who is
under 18 years of age at the time of an election for Federal
office to vote in the election.
(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 to vote will in any way
affect the availability of services or benefits, nor be used
for other purposes.
(2) Opportunity to decline registration required.--Except
as otherwise provided in this section, each contributing
agency shall ensure that each application for service or
assistance, and each related recertification, renewal, or
change of address, cannot be completed until the individual
is given the opportunity to decline to be registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date a contributing agency
as described in paragraph (1) informs an individual of the
information described in such paragraph, unless the
individual has declined to be registered to vote or informs
the agency that they are already registered to vote, 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:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a citizen of
the United States.
(E) The date on which information pertaining to that
individual was collected or last updated.
(F) If available, the individual's signature in electronic
form.
(G) Except in the case in which the contributing agency is
a covered institution of higher education, in the case of a
State in which affiliation or enrollment with a political
party is required in order to participate in an election to
select the party's candidate in an election for Federal
office, information regarding the individual's affiliation or
enrollment with a political party, but only if the individual
provides such information.
(H) Any additional information listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, including any valid driver's
license

[[Page H895]]

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) 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.
(4) 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.
(f) Institutions of Higher Education.--
(1) In general.--Each covered institution of higher
education shall be treated as a contributing agency in the
State in which the institution is located with respect to in-
State students.
(2) Procedures.--
(A) In general.--Notwithstanding section 444 of the General
Education Provisions Act (20 U.S.C. 1232g; commonly referred
to as the 'Family Educational Rights and Privacy Act of
1974'') or any other provision of law, each covered
institution of higher education shall comply with the
requirements of subsection (b) with respect to each in-State
student.
(B) Rules for compliance.--In complying with the
requirements described in subparagraph (A), the institution--
(i) may use information provided in the Free Application
for Federal Student Aid described in section 483 of the
Higher Education Act of 1965 (20 U.S.C. 1090) to collect
information described in paragraph (3) of such subsection for
purposes of transmitting such information to the appropriate
State election official pursuant to such paragraph; and
(ii) shall not be required to prevent or delay students
from enrolling in a course of study or otherwise impede the
completion of the enrollment process; and (iii) shall not
withhold, delay, or impede the provision of Federal financial
aid provided under title IV of the Higher Education Act of
1965.
(C) Clarification.--Nothing in this part may be construed
to require an institution of higher education to request each
student to affirm whether or not the student is a United
States citizen or otherwise collect information with respect
to citizenship.
(3) Definitions.--
(A) Covered institution of higher education.--In this
section, the term ``covered institution of higher education''
means an institution of higher education that--
(i) 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);
(ii) in its normal course of operations, requests each in-
State student enrolling in the institution to affirm whether
or not the student is a United States citizen; and
(iii) is located in a State to which section 4(b)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20503(b)(1)) does not apply.
(B) In-state student.--In this section, the term ``in-State
student''--
(i) means a student enrolled in a covered institution of
higher education who, for purposes related to in-State
tuition, financial aid eligibility, or other similar
purposes, resides in the State; and
(ii) includes a student described in clause (i) who is
enrolled in a program of distance education, as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).

SEC. 1014. 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 1021(a).
(b) Transition.--For each individual listed in a
contributing agency's records as of the effective date
described in section 1021(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 1021(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 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.

[[Page H896]]

(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 2021.'' (with the blank to be filled in
with the name of the State involved).
(B) Publication of policies and procedures.--The chief
State election official of a State shall publish on the
official's website the policies and procedures established
under this section, and shall make those policies and
procedures available in written form upon public request.
(C) Funding dependent on certification.--If a State does
not timely file the certification required under this
paragraph, it shall not receive any payment under this part
for the upcoming fiscal year.
(D) Compliance of states that require changes to state
law.--In the case of a State that requires State legislation
to carry out an activity covered by any certification
submitted under this paragraph, for a period of not more than
2 years the State shall be permitted to make the
certification notwithstanding that the legislation has not
been enacted at the time the certification is submitted, and
such State shall submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting
under color of law may discriminate against any individual
based on, or use for any purpose other than voter
registration, election administration, 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 place 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 section. In determining the amounts of the grants,
the Commission shall give priority to providing funds for
those activities which are most likely to accelerate
compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the
ability of the State to automatically register individuals to
vote through its existing automatic voter registration
program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously
exist; and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2021; and
(B) such sums as may be necessary for each succeeding
fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection
shall remain available without fiscal year limitation until
expended.

SEC. 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

[[Page H897]]

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, 2023.
(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, 2023'' were a reference to
``January 1, 2025''.

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 2022 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 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.--In preparing the report
under this section, the State shall, for each category of
information described

[[Page H898]]

in subsection (a), include a breakdown by race, ethnicity,
age, and gender of the individuals whose information is
included in the category, to the extent that information on
the race, ethnicity, age, and gender of such individuals is
available to the State.
(c) Confidentiality of Information.--In preparing and
submitting a report under this section, the chief State
election official shall ensure that no information regarding
the identification of any individual is revealed.
(d) 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.

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

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

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

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

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

(a) Grants.--
(1) In general.--The Election Assistance Commission
(hereafter in this section referred to as the ``Commission'')
shall make grants to eligible States to enable such States to
carry out a plan to increase the involvement of individuals
under 18 years of age in public election activities in the
State.
(2) Contents of plans.--A State's plan under this
subsection shall include--
(A) methods to promote the use of the pre-registration
process implemented under section 8A of the National Voter
Registration Act of 1993 (as added by section 2(a));
(B) modifications to the curriculum of secondary schools in
the State to promote civic engagement; and
(C) such other activities to encourage the involvement of
young people in the electoral process as the State considers
appropriate.
(b) Eligibility.--A State is eligible to receive a grant
under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the State's plan under subsection (a);
(2) a description of the performance measures and targets
the State will use to determine its success in carrying out
the plan; and
(3) such other information and assurances as the Commission
may require.
(c) Period of Grant; Report.--
(1) Period of grant.--A State receiving a grant under this
section shall use the funds provided by the grant over a 2-
year period agreed to between the State and the Commission.
(2) Report.--Not later than 6 months after the end of the
2-year period agreed to under paragraph (1), the State shall
submit to the Commission a report on the activities the State
carried out with the funds provided by the grant, and shall
include in the report an analysis of the extent to which the
State met the performance measures and targets included in
its application under subsection (b)(2).
(d) State Defined.--In this section, the term ``State''
means each of the several States and the District of
Columbia.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section $25,000,000,
to remain available until expended.

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
2021, including the requirements of the National Voter
Registration Act of 1993 which are imposed pursuant to the
amendments made to such Act by the Voter Registration
Modernization Act of 2021.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking ``section
251(a)(2)'' and inserting ``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2022 and each
succeeding fiscal year.

PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

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

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

``Sec. 612. Hindering, interfering with, or preventing
registering to vote

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

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

SEC. 1072. ESTABLISHMENT OF BEST PRACTICES.

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

PART 8--VOTER REGISTRATION EFFICIENCY ACT

SEC. 1081. SHORT TITLE.

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

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

(a) Requirements for Applicants for Licenses.--Section 5(d)
of the National Voter Registration Act of 1993 (52 U.S.C.
20504(d)) is amended--
(1) by striking ``Any change'' and inserting ``(1) Any
change''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A State motor vehicle authority shall require each
individual applying for a motor vehicle driver's license in
the State--
``(i) to indicate whether the individual resides in another
State or resided in another State prior to applying for the
license, and, if so, to identify the State involved; and
``(ii) to indicate whether the individual intends for the
State to serve as the individual's residence for purposes of
registering to vote in elections for Federal office.
``(B) If pursuant to subparagraph (A)(ii) an individual
indicates to the State motor vehicle authority that the
individual intends for the State to serve as the individual's
residence for purposes of registering to vote in elections
for Federal office, the authority shall notify the motor
vehicle authority of the State identified by the individual
pursuant to subparagraph (A)(i), who shall notify the chief
State election official of such State that the individual no
longer intends for that State to serve as the individual's
residence for purposes of registering to vote in elections
for Federal office.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect with respect to elections occurring in 2021
or any succeeding year.

[[Page H899]]

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

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

(a) Pilot Program.--The Election Assistance Commission
(hereafter in this part referred to as the ``Commission'')
shall carry out a pilot program under which the Commission
shall provide funds during the one-year period beginning
after the date of the enactment of this part to eligible
local educational agencies for initiatives to provide
information on registering to vote in elections for public
office to secondary school students in the 12th grade.
(b) Eligibility.--A local educational agency is eligible to
receive funds under the pilot program under this part if the
agency submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
(1) a description of the initiatives the agency intends to
carry out with the funds;
(2) an estimate of the costs associated with such
initiatives; and
(3) such other information and assurances as the Commission
may require.
(c) Consultation With Election Officials.--A local
educational agency receiving funds under the pilot program
shall consult with the State and local election officials who
are responsible for administering elections for public office
in the area served by the agency in developing the
initiatives the agency will carry out with the funds.
(d) Definitions.--In this part, the terms ``local
educational agency'' and ``secondary school'' have the
meanings given such terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 1092. REPORTS.

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

SEC. 1093. AUTHORIZATION OF APPROPRIATIONS.

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

PART 10--VOTER REGISTRATION OF MINORS

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

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

Subtitle B--Access to Voting for Individuals With Disabilities

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

(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), 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;
``(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

[[Page H900]]

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, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2022.''.
(2) Redesignation.--Title III of such Act (52 U.S.C. 21081
et seq.) is amended by redesignating sections 311 and 312 as
sections 321 and 322.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c)), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307;
(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.'';
and
(3) by redesignating the items relating to sections 311 and
312 as relating to sections 321 and 322.

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

SEC. 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 2022,
or, at the option of a State, with respect to other elections
for public office held in the State in 2022.
(e) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.

SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR
INDIVIDUALS WITH DISABILITIES.

(a) Analysis.--The Comptroller General of the United States
shall conduct an analysis after each regularly scheduled
general election for Federal office with respect to the
following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges posed by
such facilities; and
(B) the extent to which such facilities are used as polling
places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or

[[Page H901]]

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

Subtitle C--Prohibiting Voter Caging

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

(a) 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);
(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 2021''.

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

(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate or cause to be communicated information described
in subparagraph (B), or produce information described in
subparagraph (B) with the intent that such information be
communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (5); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--

``(I) any criminal 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.--

[[Page H902]]

``(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) In general.--Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
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.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph (A), by
striking ``at any election'' and inserting ``at any general,
primary, 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, Senator, Member of the House
of Representatives, or Delegate or Resident Commissioner to
the Congress.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this
title or imprisoned not more than one year'' and inserting
``fined not more than $100,000, imprisoned for not more than
5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.

SEC. 1303. CORRECTIVE ACTION.

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

SEC. 1304. REPORTS TO CONGRESS.

(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall
submit to Congress a report compiling all allegations
received by the Attorney General of deceptive practices
described in paragraphs (2), (3), and (4) of section 2004(b)
of the Revised Statutes (52 U.S.C. 10101(b)), as added by
section 1302(a), relating to the general election for Federal
office and any primary, 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

[[Page H903]]

section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 1302(b), in connection with
an allegation described in subparagraph (A); and
(F) a description of any criminal prosecution instituted
under section 594 of title 18, United States Code, as amended
by section 1302(c), in connection with the receipt of an
allegation described in subparagraph (A) by the Attorney
General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not include in
a report submitted under subsection (a) any information
protected from disclosure by rule 6(e) of the Federal Rules
of Criminal Procedure or any Federal criminal statute.
(B) Exclusion of certain other information.--The Attorney
General may determine that the following information shall
not be included in a report submitted under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing investigation.
(iii) Any information concerning a criminal or civil
proceeding conducted under seal.
(iv) Any other nonpublic information that the Attorney
General determines the disclosure of which could reasonably
be expected to infringe on the rights of any individual or
adversely affect the integrity of a pending or future
criminal investigation.
(c) Report Made Public.--On the date that the Attorney
General submits the report under subsection (a), the Attorney
General shall also make the report publicly available through
the internet and other appropriate means.

Subtitle E--Democracy Restoration

SEC. 1401. SHORT TITLE.

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

SEC. 1402. FINDINGS.

Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections,
an authority which has repeatedly been upheld by the Supreme
Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous
condition of servitude. The 13th, 14th, 15th, 19th, 24th, and
26th Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections.
The 8th Amendment to the Constitution provides for no
excessive bail to be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections:
(A) The lack of a uniform standard for voting in Federal
elections leads to an unfair disparity and unequal
participation in Federal elections based solely on where a
person lives.
(B) Laws governing the restoration of voting rights after a
criminal conviction vary throughout the country, and persons
in some States can easily regain their voting rights while in
other States persons effectively lose their right to vote
permanently.
(C) State disenfranchisement laws disproportionately impact
racial and ethnic minorities.
(5) Two States (Maine and Vermont), the District of
Columbia, and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all,
but 48 States have laws that deny convicted individuals the
right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under
the supervision of the criminal justice system or after they
have completed a criminal sentence. In 30 States, convicted
individuals may not vote while they are on parole and 27
States disenfranchise individuals on felony probation as
well. In 11 States, a conviction can result in lifetime
disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,200,000 citizens of the United States,
or about 1 in 44 adults in the United States, currently
cannot vote as a result of a felony conviction. Of the
5,200,000 citizens barred from voting, only 24 percent are in
prison. By contrast, 75 percent of the disenfranchised reside
in their communities while on probation or parole or after
having completed their sentences. Approximately 2,200,000
citizens who have completed their sentences remain
disenfranchised due to restrictive State laws. In at least 6
States--Alabama, Florida, Kentucky, Mississippi, Tennessee,
and Virginia--more than 5 percent of the total voting-age
population is disenfranchised.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform
and potentially discriminatory manner. Disenfranchised
individuals must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board,
depending on the offense and State. Individuals convicted of
a Federal offense often have additional barriers to regaining
voting rights.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. More than 6 percent of
the African-American voting-age population, or 1,800,000
African Americans, are disenfranchised. Currently, 1 of every
16 voting-age African Americans are rendered unable to vote
because of felony disenfranchisement, which is a rate more
than 3.7 times greater than non-African Americans. Over 6
percent of African-American adults are disenfranchised
whereas only 1.7 percent of non-African Americans are. In 7
States (Alabama, 16 percent; Florida, 15 percent; Kentucky,
15 percent; Mississippi, 16 percent; Tennessee, 21 percent;
Virginia, 16 percent; and Wyoming, 36 percent), more than 1
in 7 African Americans are unable to vote because of prior
convictions, twice the national average for African
Americans.
(11) Latino citizens are disproportionately disenfranchised
based upon their disproportionate representation in the
criminal justice system. In recent years, Latinos have been
imprisoned at 2.5 times the rate of Whites. More than 2
percent of the voting-age Latino population, or 560,000
Latinos, are disenfranchised due to a felony conviction. In
34 states Latinos are disenfranchised at a higher rate than
the general population. In 11 states 4 percent or more of
Latino adults are disenfranchised due to a felony conviction
(Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent;
Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent;
Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6
percent; Tennessee, 11 percent, Wyoming, 4 percent), twice
the national average for Latinos.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders
their rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised
persons. Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.

SEC. 1403. RIGHTS OF CITIZENS.

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

SEC. 1404. ENFORCEMENT.

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

SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall 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 2021 and may register to vote in any such
election and provide such individual with any materials that
are necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given on the date on which the
individual--
(i) is sentenced to serve only a term of probation; or
(ii) is released from the custody of that State (other than
to the custody of another State or the Federal Government to
serve a term of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a State
court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law 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 2021 and may register to
vote in any such election and provide such individual with
any materials that are necessary to register to vote in any
such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given--
(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

[[Page H904]]

(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the date that is 6
months before such individual is released and ending on the
date such individual is released from the custody of the
Bureau of Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a court
established by an Act of Congress.

SEC. 1406. DEFINITIONS.

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

SEC. 1407. RELATION TO OTHER LAWS.

(a) State Laws Relating to Voting Rights.--Nothing in this
subtitle 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. 1408. FEDERAL PRISON FUNDS.

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

SEC. 1409. EFFECTIVE DATE.

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

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

SEC. 1501. SHORT TITLE.

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

SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

(a) In General.--Section 301(a)(2) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as
follows:
``(2) Paper ballot requirement.--
``(A) Voter-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 Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new
section:

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

``(a) Grants to Study and Report.--The Commission, in
coordination with the Access Board and the Cybersecurity and
Infrastructure Security Agency, shall make grants to not
fewer than three eligible entities to study, test, and
develop accessible and secure remote voting systems and
voting, verification, and casting devices to enhance the
accessibility of voting and verification for individuals with
disabilities.
``(b) Eligibility.--An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may require) an
application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January
1, 2024; and

[[Page H905]]

``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed
with the grants made under this section shall be treated as
non-proprietary and shall be made available to the public,
including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology
Improvements.--The Commission shall carry out this section so
that the activities carried out with the grants made under
subsection (a) are coordinated with the research conducted
under the grant program carried out by the Commission under
section 271, to the extent that the Commission determines
determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $10,000,000,
to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 247 as
relating to section 248; and
(B) by inserting after the item relating to section 246 the
following new item:

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

SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR
BALLOTS.

Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)) is amended by adding at the end the
following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-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. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

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

SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS.

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

SEC. 1507. 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 2021 shall apply with respect to voting
systems used for any election for Federal office held in 2022
or any succeeding year.
``(B) Delay for jurisdictions using certain paper record
printers or certain systems using or producing voter-
verifiable paper records in 2020.--
``(i) Delay.--In the case of a jurisdiction described in
clause (ii), subparagraph (A) shall apply to a voting system
in the jurisdiction as if the reference in such subparagraph
to `2022' were a reference to `2024', 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 2021),
for the administration of the regularly scheduled general
election for Federal office held in November 2020; and
``(II) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before 2024.

``(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 2022 or any
succeeding year' were a reference to `elections for Federal
office occurring held in 2024 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 of the jurisdiction in which the individual
is registered 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, 2022.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52
U.S.C. 21082(f)), as redesignated by subsection (a), is
amended by striking ``Each State'' and inserting ``Except as
provided in subsections (d)(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.

[[Page H906]]

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.
``(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 10 hours on each
day;
``(2) have uniform hours each day for which such voting
occurs; and
``(3) allow such voting to be held for some period of time
prior to 9:00 a.m (local time) and some period of time after
5:00 p.m. (local time).
``(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.
``(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) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast during in-person early voting for
tabulation at least 14 days prior to the date of the election
involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an
election before the closing of the polls on the date of the
election.
``(f) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
For the People Act of 2021, June 30, 2022.''.
(c) Clerical 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) Uniform Availability of Absentee Voting to All
Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State
may not impose any additional conditions or requirements on
the eligibility of the individual to cast the vote in such
election by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as condition
of obtaining ballot.--A State may not require an individual
to provide any form of identification as a condition of
obtaining an absentee ballot, except that nothing in this
paragraph may be construed to prevent a State from requiring
a signature of the individual or similar affirmation as a
condition of obtaining an absentee ballot.
``(B) Prohibiting requirement to provide notarization or
witness signature as condition of obtaining or casting
ballot.--A State may not require notarization or witness
signature or other formal authentication (other than voter
attestation) as a condition of obtaining or casting an
absentee ballot.
``(C) Deadline for returning ballot.--A State may impose a
reasonable deadline for requesting the absentee 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.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section.
``(b) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a condition of accepting and
counting an absentee ballot submitted by any individual with
respect to an election for Federal office unless the State
meets the due process requirements described in paragraph
(2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the individual's
signature on the absentee ballot with the individual's
signature on the official list of registered voters in the
State or another official record or other document used by
the State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee ballot and
the appropriate State or local election official determines
that a discrepancy exists between the signature on such
ballot and the signature of such individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters, such election official, prior to making a final
determination as to the validity of such ballot, shall--
``(i) make a good faith effort to immediately notify the
individual by mail, telephone, and (if available) text
message and electronic mail that--

``(I) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters, and
``(II) if such discrepancy is not cured prior to the
expiration of the 10-day period which begins on the date the
official notifies the individual of the discrepancy, such
ballot will not be counted; and

``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the 10-day period described in clause
(i)(II), the individual provides the official with
information to cure such discrepancy, either in person, by
telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee ballot
without a signature or submits an absentee ballot with
another defect which, if left uncured, would cause the ballot
to not be counted, the appropriate State or local election
official, prior to making a final determination as to the
validity of the ballot, shall--
``(i) make a good faith effort to immediately notify the
individual by mail, telephone, and (if available) text
message and electronic mail that--

``(I) the ballot did not include a signature or has some
other defect, and
``(II) if the individual does not provide the missing
signature or cure the other defect prior to the expiration of
the 10-day period which begins on the date the official
notifies the individual that the ballot did not include a
signature or has some other defect, such ballot will not be
counted; and

``(ii) count the ballot if, prior to the expiration of the
10-day period described in clause (i)(II), the individual
provides the official with the missing signature on a form
proscribed by the State or cures the other defect.
This subparagraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(C) Other requirements.--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 or other official record or
other document used by the State to verify the signatures of
voters unless--
``(i) at least 2 election officials make the determination;
``(ii) each official who makes the determination has
received training in procedures used to verify signatures;
and
``(iii) of the officials who make the determination, at
least one is affiliated with the political party whose
candidate received the most votes in the most recent
statewide election for Federal office held in the State and
at least one is affiliated with the political party whose
candidate received the second most votes in the most recent
statewide election for Federal office held in the State.
``(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 and the Commission a report
containing

[[Page H907]]

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.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(c) Transmission of Applications, Ballots, and Balloting
Materials to Voters.--
``(1) Automatic transmission of absentee ballot
applications by mail.--
``(A) Transmission of applications.--Not later than 60 days
before the date of an election for Federal office, the
appropriate State or local election official shall transmit
by mail an application for an absentee ballot for the
election to each individual who is registered to vote in the
election, or, in the case of any State that does not register
voters, all individuals who are in the State's central voter
file (or if the State does not keep a central voter file, all
individuals who are eligible to vote in such election).
``(B) Exception for individuals already receiving
applications automatically.--Subparagraph (A) does not apply
with respect to an individual to whom the State is already
required to transmit an application for an absentee ballot
for the election because the individual exercised the option
described in subparagraph (D) of paragraph (2) to treat an
application for an absentee ballot in a previous election for
Federal office in the State as an application for an absentee
ballot in all subsequent elections for Federal office in the
State.
``(C) Exception for states transmitting ballots without
application.--Subparagraph (A) does not apply with respect to
a State which transmits a ballot in an election for Federal
office in the State to a voter prior to the date of the
election without regard to whether or not the voter submitted
an application for the ballot to the State.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to prohibit an individual from submitting to the
appropriate State or local election official an application
for an absentee ballot in an election for Federal office,
including through the methods described in paragraph (2).
``(2) Other methods for applying for absentee ballot.--
``(A) In general.--In addition to such other methods as the
State may establish for an individual to apply for an
absentee ballot, the State shall permit an individual--
``(i) to submit an application for an absentee ballot
online; and
``(ii) to submit an application for an absentee ballot
through the use of an automated telephone-based system,
subject to the same terms and conditions applicable under
this paragraph to the services made available online.
``(B) Treatment of websites.--The State shall be considered
to meet the requirements of subparagraph (A)(i) if the
website of the appropriate State or local election official
allows an application for an absentee ballot to be completed
and submitted online and if the website permits the
individual--
``(i) to print the application so that the individual may
complete the application and return it to the official; or
``(ii) request that a paper copy of the application be
transmitted to the individual by mail or electronic mail so
that the individual may complete the application and return
it to the official.
``(C) Ensuring delivery prior to election.--If an
individual who is eligible to vote in an election for Federal
office submits an application for an absentee ballot in the
election, the appropriate State or local election official
shall ensure that the ballot and relating voting materials
are received by the individual prior to the date of the
election so long as the individual's application is received
by the official not later than 5 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of the
election, except that nothing in this paragraph shall
preclude a State or local jurisdiction from allowing for the
acceptance and processing of absentee ballot applications
submitted or received after such required period.
``(D) Application for all future elections.--At the option
of an individual, a State shall treat the individual's
application to vote by absentee ballot by mail in an election
for Federal office as an application for an absentee ballot
by mail in all subsequent Federal elections held in the
State.
``(d) Accessibility for Individuals With Disabilities.--The
State shall ensure that all absentee ballot applications,
absentee ballots, and related voting materials in elections
for Federal office are accessible to individuals with
disabilities in a manner that provides the same opportunity
for access and participation (including with privacy and
independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State may not refuse to accept or
process a ballot submitted by an individual by mail with
respect to an election for Federal office in the State on the
grounds that the individual did not meet a deadline for
returning the ballot to the appropriate State or local
election official if--
``(A) the ballot is postmarked or otherwise indicated by
the United States Postal Service to have been mailed on or
before the date of the election, or has been signed by the
voter on or before the date of the election; and
``(B) the ballot is received by the appropriate election
official prior to the expiration of the 10-day period which
begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 10 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(1) In general.--In addition to permitting an individual
to whom a ballot in an election was provided under this
section to return the ballot to an election official by mail,
the State shall permit the individual to cast the ballot by
delivering the ballot at such times and to such locations as
the State may establish, including--
``(A) permitting the individual to deliver the ballot to a
polling place on any date on which voting in the election is
held at the polling place; and
``(B) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election
official.
``(2) Permitting voters to designate other person to return
ballot.--The State--
``(A) shall permit a voter to designate any person to
return a voted and sealed absentee ballot to the post office,
a ballot drop-off location, tribally designated building, or
election office so long as the person designated to return
the ballot does not receive any form of compensation based on
the number of ballots that the person has returned and no
individual, group, or organization provides compensation on
this basis; and
``(B) may not put any limit on how many voted and sealed
absentee ballots any designated person can return to the post
office, a ballot drop off location, tribally designated
building, or election office.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast by mail for tabulation at least 14 days
prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an
election before the closing of the polls on the date of the
election.
``(h) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of States to conduct
elections for Federal office through the use of polling
places at which individuals cast ballots.
``(i) 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.).
``(j) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Clerical 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.''.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of
alternative methods which could be used in place of signature
verification requirements for purposes of verifying the
identification of an individual voting by 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).

SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM.

(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), section 1611(a),
and section 1621(a), is amended--
(1) by redesignating sections 308 and 309 as sections 309
and 310; and
(2) by inserting after section 307 the following new
section:

``SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM.

``(a) Requirement.--Each State shall carry out 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

[[Page H908]]

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 Accepted.--The
information referred to under subsection (a) with respect to
the receipt of an absentee ballot shall include information
regarding whether the vote cast on the ballot was accepted,
and, in the case of a vote which was rejected, the reasons
therefor.
``(c) 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 requirements of subsection (a) 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 subsection.
``(d) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Reimbursement for Costs Incurred by States in
Establishing Program.--Subtitle D of title II of the Help
America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended
by adding at the end the following new part:

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

``SEC. 297. PAYMENTS TO STATES.

``(a) Payments For Costs of Program.--In accordance with
this section, the Commission shall make a payment to a State
to reimburse the State for the costs incurred in establishing
the absentee ballot tracking program under section 308
(including costs incurred prior to the date of the enactment
of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has established an
absentee ballot tracking program with respect to elections
for Federal office held in the State; and
``(B) a statement of the costs incurred by the State in
establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which are
responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

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

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

``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310; and
(3) by inserting after the item relating to section 307 the
following new item:

``Sec. 308. Absentee ballot tracking program.''.

SEC. 1623. VOTING MATERIALS POSTAGE.

(a) Prepayment of Postage on Return Envelopes.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1101(a), section 1611(a),
section 1621(a), and section 1622(a), is amended--
(A) by redesignating sections 309 and 310 as sections 310
and 311; and
(B) by inserting after section 308 the following new
section:

``SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR
VOTING MATERIALS.

``(a) Provision of Return Envelopes.--The appropriate State
or local election official shall provide a self-sealing
return envelope with--
``(1) any voter registration application form transmitted
to a registrant by mail;
``(2) any application for an absentee ballot transmitted to
an applicant by mail; and
``(3) any blank absentee ballot transmitted to a voter by
mail.
``(b) Prepayment of Postage.--Consistent with regulations
of the United States Postal Service, the State or the unit of
local government responsible for the administration of the
election involved shall prepay the postage on any envelope
provided under subsection (a).
``(c) No Effect on Ballots or Balloting Materials
Transmitted to Absent Military and Overseas Voters.--Nothing
in this section may be construed to affect the treatment of
any ballot or balloting materials transmitted to 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.).
``(d) Effective Date.--This section shall take effect on
the date that is 90 days after the date of the enactment of
this section, except that--
``(1) State and local jurisdictions shall make arrangements
with the United States Postal Service to pay for all postage
costs that such jurisdictions would be required to pay under
this section if this section took effect on the date of
enactment; and
``(2) States shall take all reasonable efforts to provide
self-sealing return envelopes as provided in this section.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), section
1611(c), and section 1621(b), is amended--
(A) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311; and
(B) by inserting after the item relating to section 308 the
following new item:

``Sec. 309. Prepayment of postage on return envelopes for voting
materials.''.
(b) Role of United States Postal Service.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:

``Sec. 3407. Voting materials

``(a) Any voter registration application, absentee ballot
application, or absentee ballot with respect to any election
for Federal office shall be carried in accordance with the
service standards established for first-class mail,
regardless of the class of postage prepaid.
``(b) In the case of any election mail carried by the
Postal Service that consists of a ballot, the Postal Service
shall indicate on the ballot envelope, using a postmark or
otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(c) As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office
of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress.
``(d) Nothing in this section may be construed to affect
the treatment of any ballot or balloting materials
transmitted to 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.).''.
(2) Mail-in ballots and postal service barcode service.--
(A) In general.--Section 3001 of title 39, United States
Code, is amended by adding at the end the following:
``(p) Any ballot sent within the United States for an
election for Federal office is nonmailable and shall not be
carried or delivered by mail unless the ballot is mailed in
an envelope that--
``(1) contains a Postal Service barcode (or successive
service or marking) that enables tracking of each individual
ballot;
``(2) satisfies requirements for ballot envelope design
that the Postal Service may promulgate by regulation;
``(3) satisfies requirements for machineable letters that
the Postal Service may promulgate by regulation; and
``(4) includes the Official Election Mail Logo (or any
successor label that the Postal Service may establish for
ballots).''.
(B) Application.--The amendment made by subsection (a)
shall apply to any election for Federal office occurring
after the date of enactment of this Act.
(3) 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. Voting materials.''.

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.
``(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

[[Page H909]]

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

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

SEC. 1706. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS
UNDER UOCAVA TO CERTAIN VOTERS.

(a) In General.--The Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by
inserting after section 103B the following new section:

``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO
CERTAIN OTHER VOTERS.

``(a) In General.--
``(1) State responsibilities.--Subject to the provisions of
this section, each State shall transmit blank absentee
ballots electronically to qualified individuals who request
such ballots in the same manner and under the same terms and
conditions under which the State transmits such ballots
electronically to absent uniformed services voters and
overseas voters under the provisions of section 102(f),
except that no such marked ballots shall be returned
electronically.
``(2) Requirements.--Any blank absentee ballot transmitted
to a qualified individual under this section--
``(A) must comply with the language requirements under
section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503); and
``(B) must comply with the disability requirements under
section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(3) Affirmation.--The State may not transmit a ballot to
a qualified individual under this section unless the
individual provides the State with a signed affirmation in
electronic form that--
``(A) the individual is a qualified individual (as defined
in subsection (b));
``(B) the individual has not and will not cast another
ballot with respect to the election; and
``(C) acknowledges that a material misstatement of fact in
completing the ballot

[[Page H910]]

may constitute grounds for conviction of perjury.
``(4) Clarification regarding free postage.--An absentee
ballot obtained by a qualified individual under this section
shall be considered balloting materials as defined in section
107 for purposes of section 3406 of title 39, United States
Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to
accept and process any otherwise valid blank absentee ballot
which was transmitted to a qualified individual under this
section and used by the individual to vote in the election
solely on the basis of the following:
``(A) Notarization or witness signature requirements.
``(B) Restrictions on paper type, including weight and
size.
``(C) Restrictions on envelope type, including weight and
size.
``(b) Qualified Individual.--
``(1) In general.--In this section, except as provided in
paragraph (2), the term `qualified individual' means any
individual who is otherwise qualified to vote in an election
for Federal office and who meets any of the following
requirements:
``(A) The individual--
``(i) has previously requested an absentee ballot from the
State or jurisdiction in which such individual is registered
to vote; and
``(ii) has not received such absentee ballot at least 2
days before the date of the election.
``(B) The individual--
``(i) resides in an area of a State with respect to which
an emergency or public health emergency has been declared by
the chief executive of the State or of the area involved
within 5 days of the date of the election under the laws of
the State due to reasons including a natural disaster,
including severe weather, or an infectious disease; and
``(ii) has not previously requested an absentee ballot.
``(C) The individual expects to be absent from such
individual's jurisdiction on the date of the election due to
professional or volunteer service in response to a natural
disaster or emergency as described in subparagraph (B).
``(D) The individual is hospitalized or expects to be
hospitalized on the date of the election.
``(E) The individual is an individual with a disability (as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102)) and resides in a State which does
not offer voters the ability to use secure and accessible
remote ballot marking. For purposes of this subparagraph, a
State shall permit an individual to self-certify that the
individual is an individual with a disability.
``(2) Exclusion of absent uniformed services and overseas
voters.--The term `qualified individual' shall not include an
absent uniformed services voter or an overseas voter.
``(c) State.--For purposes of this section, the term
`State' includes the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
``(d) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Conforming Amendment.--Section 102(a) of such Act (52
U.S.C. 20302(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to the provision of blank absentee ballots for the use of
qualified individuals described in such section.''.
(c) Clerical Amendments.--The table of contents of such Act
is amended by inserting the following after section 103:

``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other
voters.''.

SEC. 1707. EFFECTIVE DATE.

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

Subtitle K--Poll Worker Recruitment and Training

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

(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations provided to carry out
this section, make a grant to each eligible State for
recruiting and training individuals to serve as poll workers
on dates of elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker
recruiting, training and retention as an interactive training
tool, and shall develop training programs with the
participation and input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for
the payment to the Commission at such time and in such manner
and containing such information as the Commission shall
require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought;
(B) provide assurances that the funds provided under this
section will be used to supplement and not supplant other
funds used to carry out the activities;
(C) provide assurances that the State will furnish the
Commission with information on the number of individuals who
served as poll workers after recruitment and training with
the funds provided under this section; and
(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

[[Page H911]]

counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to
enforce the uniform and nondiscriminatory election technology
and administration requirements under subtitle A of title
III.
``(d) No Effect on State Procedures.--Nothing in this
section may be construed to affect the availability of the
State-based administrative complaint procedures required
under section 402 to any person filing a complaint under this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring with respect
to elections for Federal office held in 2022 or any
succeeding year.

Subtitle M--Federal Election Integrity

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

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

``campaign activities by chief state election administration officials

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

Subtitle N--Promoting Voter Access Through Election Administration
Improvements

PART 1--PROMOTING VOTER ACCESS

SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.

(a) Treatment of Certain Institutions as Voter Registration
Agencies Under National Voter Registration Act of 1993.--
Section 7(a) of the National Voter Registration Act of 1993
(52 U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) each institution of higher education which has a
program participation agreement in effect with the Secretary
of Education under section 487 of the Higher Education Act of
1965 (20 U.S.C. 1094), other than an institution which is
treated as a contributing agency under the Automatic Voter
Registration Act of 2021.''; 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 2021), 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.
``(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 2021.
``(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, 2022.
(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 2022 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 the first day of an early voting period
(whichever occurs first); or

[[Page H912]]

``(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) Methods of notification.--The State shall notify an
individual under subparagraph (A) of paragraph (1) by mail,
telephone, and (if available) text message and electronic
mail.
``(3) Placement of signs at closed polling places.--If a
location which served as a polling place in an election for
Federal office does not serve as a polling place in the next
election for Federal office held in the jurisdiction
involved, the State shall ensure that signs are posted at
such location on the date of the election and during any
early voting period for the election containing the following
information:
``(A) A statement that the location is not serving as a
polling place in the election.
``(B) The locations serving as polling places in the
election in the jurisdiction involved.
``(C) Contact information, including a telephone number and
website, for the appropriate State or local election official
through which an individual may find the polling place to
which the individual is assigned for the election.
``(4) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2021.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52
U.S.C. 21082(g)), as redesignated by subsection (a) and as
amended by section 1601(b), is amended by striking ``(d)(2)
and (e)(2)'' and inserting ``(d)(2), (e)(2), and (f)(4)''.

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

(a) Permitting Use of Statement.--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. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN
LANDS.

(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision
shall provide the Indian Tribe with accurate precinct maps
for all precincts located within Indian lands 60 days before
the election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to
each individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a
ballot pickup and collection location with respect to an
election for Federal office may serve as the residential
address and mailing address for voters living on Indian lands
if the tribally designated building is in the same precinct
as that voter. If there is no tribally designated building
within a voter's precinct, the voter may use another tribally
designated building within the Indian lands where the voter
is located. Voters using a tribally designated building
outside of the voter's precinct may use the tribally
designated building as a mailing address and may separately
designate the voter's appropriate precinct through a
description of the voter's address, as specified in section
9428.4(a)(2) of title 11, Code of Federal Regulations.
(4) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), that State or political subdivision
shall provide absentee or mail-in voting materials with
respect to an election for Federal office in the language of
the applicable minority group as well as in the English
language, bilingual election voting assistance, and written
translations of all voting materials in the language of the
applicable minority group, as required by section 203 of the
Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by
subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Election for federal office.--The term ``election for
Federal office'' means a general, special, primary or runoff
election for the office of President or Vice President, or of
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.
(B) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(C) Indian lands.--The term ``Indian lands'' includes--
(i) any Indian country of an Indian Tribe, as defined under
section 1151 of title 18, United States Code;
(ii) any land in Alaska owned, pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an
Indian Tribe that is a Native village (as defined in section
3 of that Act (43 U.S.C. 1602)) or by a Village Corporation
that is associated with an Indian Tribe (as defined in
section 3 of that Act (43 U.S.C. 1602));
(iii) any land on which the seat of the Tribal Government
is located; and
(iv) any land that is part or all of a Tribal designated
statistical area associated with an Indian Tribe, or is part
or all of an Alaska Native village statistical area
associated with an Indian Tribe, as defined by the Census
Bureau for the purposes of the most recent decennial census.
(D) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(E) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
(7) Enforcement.--
(A) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is aggrieved by a
violation of this subsection may provide written notice of
the violation to the chief election official of the State
involved.
(ii) An aggrieved person or Tribal Government may bring a
civil action in an appropriate district court for declaratory
or injunctive relief with respect to a violation of this
subsection, if--

(I) that person or Tribal Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation that occurs more than
120 days before the date of an election for Federal office,
the violation remains and 90 days or more have passed since
the date on which the chief election official of the State
receives the notice under clause (i); or
(bb) in the case of a violation that occurs 120 days or
less before the date of an election for Federal office, the
violation remains and 20 days or more have passed since the
date on which the chief election official of the State
receives the notice under clause (i).

(iii) In the case of a violation of this section that
occurs 30 days or less before the date of an election for
Federal office, an aggrieved person

[[Page H913]]

or Tribal Government may bring a civil action in an
appropriate district court for declaratory or injunctive
relief with respect to the violation without providing notice
to the chief election official of the State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the
Voting Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C)), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a
Minority Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In the case of a minority group that is not American
Indian or Alaska Native and the language of that minority
group is oral or unwritten, the State or political
subdivision shall only be required to furnish, in the covered
language, oral instructions, assistance, translation of
voting materials, or other information relating to
registration and voting.
``(B) In the case of a minority group that is American
Indian or Alaska Native, the State or political subdivision
shall only be required to furnish in the covered language
oral instructions, assistance, or other information relating
to registration and voting, including all voting materials,
if the Tribal Government of that minority group has certified
that the language of the applicable American Indian or Alaska
Native language is presently unwritten or the Tribal
Government does not want written translations in the minority
language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political
division may be required to provide written translations of
voting materials, with the consent of any applicable Indian
Tribe, to election workers to ensure that the translations
from English to the language of a minority group are
complete, accurate, and uniform.''.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to the regularly
scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal
office.

SEC. 1905. 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, together with a description of
any actions taken in response to such 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 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 2021 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.

SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.

(a) In General.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1101(a), section 1611(a),
section 1621(a), section 1622(a), and section 1623(a), is
amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312; and
(2) by inserting after section 309 the following new
section:

``SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.

``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State shall provide a sufficient
number of voting systems, poll workers, and other election
resources (including physical resources) at a polling place
used in any election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, to ensure--
``(A) a fair and equitable waiting time for all voters in
the State; and
``(B) that no individual will be required to wait longer
than 30 minutes to cast a ballot at the polling place.

[[Page H914]]

``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided
at a polling place for purposes of paragraph (1), the State
shall take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered since the
most recent Federal election.
``(E) Census data for the population served by the polling
place, such as the proportion of the voting-age population
who are under 25 years of age or who are naturalized
citizens.
``(F) The needs and numbers of voters with disabilities and
voters with limited English proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives, referenda,
and other questions on the ballot.
``(I) Such other factors, including relevant demographic
factors relating to the population served by the polling
place, as the State considers appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed to authorize a State to meet the requirements of
this subsection by closing any polling place, prohibiting an
individual from entering a line at a polling place, or
refusing to permit an individual who has arrived at a polling
place prior to closing time from voting at the polling place.
``(4) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(5) Effective date.--This subsection shall take effect
upon the expiration of the 180-day period which begins on the
date of the enactment of this subsection, without regard to
whether or not the Commission has established and published
guidelines under paragraph (4).
``(b) Limiting Variations on Number of Hours of Operation
of Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (2), each State shall establish hours of
operation for all polling places in the State on the date of
any election for Federal office held in the State such that
the polling place with the greatest number of hours of
operation on such date is not in operation for more than 2
hours longer than the polling place with the fewest number of
hours of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the State
establishes variations in the hours of operation of polling
places on the basis of the overall population or the voting
age population (as the State may select) of the unit of local
government in which such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply
in the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local government in
which the polling place is located; or
``(B) which is required pursuant to an order by a court to
extend its hours of operation beyond the hours otherwise
established.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), section
1611(c), section 1621(c), section 1622(c), and section
1623(a), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312; and
(2) by inserting after the item relating to section 309 the
following new item:

``Sec. 310. Ensuring equitable and efficient operation of polling
places.''.

SEC. 1907. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR
VOTED ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL
OFFICE.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1101(a), section 1611(a),
section 1621(a), section 1622(a), section 1623(a), and
section 1906(a), is amended--
(1) by redesignating sections 311 and 312 as sections 312
and 313; and
(2) by inserting after section 310 the following new
section:

``SEC. 311. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE
BALLOTS.

``(a) Requiring Use of Drop Boxes.--In each county in the
State, each State shall provide in-person, secured, and
clearly labeled drop boxes at which individuals may, at any
time during the period described in subsection (b), drop off
voted absentee ballots in an election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The
period described in this subsection is, with respect to an
election, the period which begins 45 days before the date of
the election and which ends at the time the polls close for
the election in the county involved.
``(c) Accessibility.--
``(1) In general.--Each State shall ensure that the drop
boxes provided under this section are accessible for use--
``(A) by individuals with disabilities, as determined in
consultation with the protection and advocacy systems (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002))
of the State; and
``(B) by individuals with limited proficiency in the
English language.
``(2) Determination of accessibility for individuals with
disabilities.--For purposes of this subsection, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(3) Rule of construction.--If a State provides a drop box
under this section on the grounds of or inside a building or
facility which serves as a polling place for an election
during the period described in subsection (b), nothing in
this subsection may be construed to waive any requirements
regarding the accessibility of such polling place for the use
of individuals with disabilities or individuals with limited
proficiency in the English language.
``(d) Number of Drop Boxes.--
``(1) Formula for determination of number.--The number of
drop boxes provided under this section in a county with
respect to an election shall be determined as follows:
``(A) In the case of a county in which the number of
individuals who are residents of the county and who are
registered to vote in the election is equal to or greater
than 20,000, the number of drop boxes shall be a number equal
to or greater than the number of such individuals divided by
20,000 (rounded to the nearest whole number).
``(B) In the case of any other county, the number of drop
boxes shall be equal to or greater than one.
``(2) Timing.--For purposes of this subsection, the number
of individuals who reside in a county and who are registered
to vote in the election shall be determined as of the 90th
day before the date of the election.
``(e) Location of Drop Boxes.--The State shall determine
the location of drop boxes provided under this section in a
county on the basis of criteria which ensure that the drop
boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day; and
``(5) sufficiently available in all communities in the
county, including rural communities and on Tribal lands
within the county (subject to subsection (f)).
``(f) Rules for Drop Boxes on Tribal Lands.--In making a
determination of the number and location of drop boxes
provided under this section on Tribal lands in a county, the
appropriate State and local election officials shall--
``(1) consult with Tribal leaders prior to making the
determination; and
``(2) take into account criteria such as the availability
of direct-to-door residential mail delivery, the distance and
time necessary to travel to the drop box locations (including
in inclement weather), modes of transportation available,
conditions of roads, and the availability (if any) of public
transportation.
``(g) Timing of Scanning and Processing of Ballots.--For
purposes of section 306(e) (relating to the timing of the
processing and scanning of ballots for tabulation), a vote
cast using a drop box provided under this section shall be
treated in the same manner as any other vote cast during
early voting.
``(h) Posting of Information.--On or adjacent to each drop
box provided under this section, the State shall post
information on the requirements that voted absentee ballots
must meet in order to be counted and tabulated in the
election.
``(i) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), section
1611(c), section 1621(c), section 1622(c), section 1623(a),
and section 1906(b), is amended--
(1) by redesignating the items relating to sections 311 and
312 as relating to sections 312 and 313; and
(2) by inserting after the item relating to section 310 the
following new item:

``Sec. 311. Use of secured drop boxes for voted absentee ballots.''.

SEC. 1908. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1101(a), section 1611(a),
section 1621(a), section 1622(a), section 1623(a), section
1906(a), and section 1907(a), is amended--
(1) by redesignating sections 312 and 313 as sections 313
and 314; and
(2) by inserting after section 311 the following new
section:

``SEC. 312. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.

``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside
voting as a method by which individuals may cast ballots in
the election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by the method of curbside voting.
``(b) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), section
1611(c), section 1621(c), section 1622(c), section 1623(a),
section 1906(b), and section 1907(b), is amended--

[[Page H915]]

(1) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314; and
(2) by inserting after the item relating to section 311 the
following new item:

``Sec. 312. Prohibiting States from restricting curbside voting.''.

SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.

(a) In General.--Section 6103(a) of title 5, United States
Code, is amended by inserting after the item relating to
Columbus Day the following:
``Election Day, the Tuesday next after the first Monday in
November of every even-numbered year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the regularly scheduled general
elections for Federal office held in November 2022 or any
succeeding year.

PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS

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

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

PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

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

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

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

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

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

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

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

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

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

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

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

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

PART 4--MISCELLANEOUS PROVISIONS

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

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

SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OFFICE.

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

[[Page H916]]

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

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

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

SEC. 1933. 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. 1941. 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--Territorial Voting Rights

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

Subtitle E--Redistricting Reform

Sec. 2400. Short title; finding of constitutional authority.

Part 1--Requirements for Congressional Redistricting

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

Part 2--Independent Redistricting Commissions

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

Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census

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

Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.

subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census

Subtitle F--Saving Eligible Voters From Voter Purging

Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.

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

Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.

Subtitle H--Residence of Incarcerated Individuals

Sec. 2701. Residence of incarcerated individuals.

Subtitle I--Findings Relating to Youth Voting

Sec. 2801. Findings relating to youth voting.

Subtitle J--Severability

Sec. 2901. Severability.

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.

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

[[Page H917]]

(3) To enhance the integrity and security of our voting
systems.
(4) To ensure greater accountability for the administration
of elections by States and localities.
(5) To restore protections for voters against practices in
States and localities plagued by the persistence of voter
disenfranchisement.
(6) To ensure that Federal civil rights laws protect the
rights of voters against discriminatory and deceptive
practices.

Subtitle B--Findings Relating to Native American Voting Rights

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

Congress finds the following:
(1) The right to vote for all Americans is sacred. Congress
must fulfill the Federal Government's trust responsibility to
protect and promote Native Americans' exercise of their
fundamental right to vote, including equal access to voter
registration voting mechanisms and locations, and the ability
to serve as election officials.
(2) The Native American Voting Rights Coalition's four-
State survey of voter discrimination (2016) and 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 midterm and 2020 general elections provide
further evidence that systemic voter discrimination and
intimidation continues to occur in communities of color and
Tribal lands across the country, making it clear that
democracy reform cannot be achieved until Congress restores
key provisions of the Voting Rights Act 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) The 705,000 District of Columbia residents deserve
voting representation in Congress and local self-government,
which only statehood can provide.
(2) The United States is the only democratic country that
denies both voting representation in the national legislature
and local self-government to the residents of its Nation's
capital.
(3) There are no constitutional, historical, fiscal, or
economic reasons why the Americans who live in the District
of Columbia should not be granted statehood.
(4) Since the founding of the United States, the residents
of the District of Columbia have always carried all of the
obligations of citizenship, including serving in all of the
Nation's wars and paying Federal taxes, but have been denied
voting representation in Congress and freedom from
congressional interference in purely local matters.
(5) The District of Columbia pays more Federal taxes per
capita than any State and more Federal taxes than 22 States.
(6) The District of Columbia has a larger population than 2
States (Wyoming and Vermont), and 6 States have a population
under one million.
(7) The District of Columbia has a larger budget than 12
States.
(8) The Constitution of the United States gives Congress
the authority to admit new States (clause 1, section 3,
article IV) and reduce the size of the seat of the Government
of the United States (clause 17, section 8, article I). All
37 new States have been admitted by an Act of Congress, and
Congress has previously reduced the size of the seat of the
Government of the United States.
(9) On June 26, 2020, by a vote of 232-180, the House of
Representatives passed H.R. 51, the Washington, D.C.
Admission Act, which would have admitted the State of
Washington, Douglass Commonwealth from the residential
portions of the District of Columbia and reduced the size of
the seat of the Government of the United States to the United
States Capitol, the White House, the United States Supreme
Court, the National Mall, and the principal Federal monuments
and buildings.

Subtitle D--Territorial Voting Rights

SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS.

Congress finds the following:
(1) The right to vote is one of the most powerful
instruments residents of the territories of the United States
have to ensure that their voices are heard.
(2) These Americans have played an important part in the
American democracy for more than 120 years.
(3) Political participation and the right to vote are among
the highest concerns of territorial residents in part because
they were not always afforded these rights.
(4) Voter participation in the territories consistently
ranks higher than many communities on the mainland.
(5) Territorial residents serve and die, on a per capita
basis, at a higher rate in every United States war and
conflict since 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 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, 2021, and
September 30, 2021, the Task Force shall provide a status
update to the House of Representatives and the Senate that
includes--
(1) information the Task Force has collected; and
(2) a discussion on matters that the chairman of the Task
Force deems urgent for consideration by Congress.
(g) Report.--Not later than December 31, 2021, the Task
Force shall issue a report of its findings to the House of
Representatives and the Senate regarding--
(1) the economic and societal consequences (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.

[[Page H918]]

(i) Hearings and Sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate.
(j) Stakeholder Participation.--In carrying out its duties,
the Task Force shall consult with the governments of American
Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the United
States Virgin Islands.
(k) Resources.--The Task Force shall carry out its duties
by utilizing existing facilities, services, and staff of the
House of Representatives and the Senate.
(l) Termination.--The Task Force shall terminate upon
issuing the report required under subsection (g).

Subtitle E--Redistricting Reform

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

(a) Short Title.--This subtitle may be cited as the
``Redistricting Reform Act of 2021''.
(b) Finding of Constitutional Authority.--Congress finds
that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House
of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place,
and manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the 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)
and subsection (d), 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 2021''.
(c) Special Rule for Existing Commissions.--Subsection (a)
does not apply to any State in which, under law in effect
continuously on and after the date of the enactment of this
Act, congressional redistricting is carried out in accordance
with a plan developed and approved by an independent
redistricting commission 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 most votes in the most recent
statewide election for Federal office held in the State.
(B) Members who are affiliated with the political party
whose candidate received the second most votes in the most
recent statewide election for Federal office held in the
State.
(C) Members who are not affiliated with any political party
or who are affiliated with political parties other than the
political parties described in subparagraphs (A) and (B).
(d) Treatment of State of Iowa.--Subsection (a) does not
apply to the State of Iowa, so long as congressional
redistricting in such State is carried out in accordance with
a plan developed by the Iowa Legislative Services Agency with
the assistance of a Temporary Redistricting Advisory
Commission, under law which was in effect for the most recent
congressional redistricting carried out in the State prior to
the date of the enactment of this Act and which remains in
effect continuously on and after the date of the enactment of
this Act.

SEC. 2402. BAN ON MID-DECADE REDISTRICTING.

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

SEC. 2403. CRITERIA FOR REDISTRICTING.

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

[[Page H919]]

(c) Factors Prohibited From Consideration.--In developing
the redistricting plan for the State, the independent
redistricting commission may not take into consideration any
of the following factors, except to the extent necessary to
comply with the criteria described in paragraphs (1) through
(3) of subsection (a), subsection (b), and to enable the
redistricting plan to be measured against the external
metrics described in section 2413(d):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(d) Applicability.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, that
designs or enacts a congressional redistricting plan of a
State.
(e) Severability of Criteria.--If any of the criteria set
forth in this section, or the application of such criteria to
any person or circumstance, is held to be unconstitutional,
the remaining criteria set forth in this section, and the
application of such criteria to any person or circumstance,
shall not be affected by the holding.

PART 2--INDEPENDENT REDISTRICTING COMMISSIONS

SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.

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

[[Page H920]]

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).
(E) The individual paid a civil money penalty or criminal
fine, or was sentenced to a term of imprisonment, for
violating any provision of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101 et seq.).
(F) The individual or (in the case of the covered periods
described in subparagraphs (A) and (B) of paragraph (3)) an
immediate family member of the individual is an agent of a
foreign principal under the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611 et seq.).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the
appointment of an individual to the commission, any of the
following:
(A) The 10-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the individual's
appointment and ending on August 14 of the next year ending
in the numeral one.
(C) The 10-year period beginning on the day after the last
day of the period described in subparagraph (B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to
an individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother,
sister, stepsister, husband, wife, father-in-law, or mother-
in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 2414(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 2414(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
subtitle, consisting of individuals in the following
categories:
(A) A majority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the most votes in the most recent statewide election
for Federal office held in the State.
(B) A minority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the second most votes in the most recent statewide
election for Federal office held in the State.
(C) An independent category, consisting of 12 individuals
who are not affiliated with either of the political parties
described in subparagraph (A) or subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and includes
applicants who would allow racial, ethnic, and language
minorities protected under the Voting Rights Act of 1965 a
meaningful opportunity to participate in the development of
the State's redistricting plan; and
(B) take into consideration the analytical skills of the
individuals selected in relevant fields (including mapping,
data management, law, community outreach, demography, and the
geography of the State) and their ability to work on an
impartial basis.
(3) Interviews of applicants.--To assist the nonpartisan
agency in developing the selection pool under this
subsection, the nonpartisan agency shall conduct interviews
of applicants under oath. If an individual is included in a
selection pool developed under this section, all of the
interviews of the individual shall be transcribed and the
transcriptions made available on the nonpartisan agency's
website contemporaneously with release of the report under
paragraph (6).
(4) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(D), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(5) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across
various geographic regions and demographic groups are aware
of the opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(6) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the
Select Committee on Redistricting under paragraph (1), it
shall publish and post on the agency's public website a
report describing the process by which the pool was
developed, and shall include in the report a description of
how the individuals in the pool meet the eligibility criteria
of subsection (a) and of how the pool reflects the factors
the

[[Page H921]]

agency is required to take into consideration under paragraph
(2).
(7) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (6), the agency shall
accept comments from the public on the individuals included
in the selection pool. The agency shall post all such
comments contemporaneously on the nonpartisan agency's
website and shall transmit them to the Select Committee on
Redistricting immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not later
than 21 days after receiving the selection pool from the
nonpartisan agency under paragraph (1), the Select Committee
on Redistricting shall, by majority vote--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool, in which case the nonpartisan agency
shall develop and submit a replacement selection pool in
accordance with subsection (c).
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan
agency under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(7) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in
the rejected selection pool submitted under subsection (b),
so long as at least one of the individuals in the replacement
pool was not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 21 days after receiving the
replacement selection pool from the nonpartisan agency under
paragraph (1), the Select Committee on Redistricting shall,
by majority vote--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool, in which case the nonpartisan agency
shall develop and submit a second replacement selection pool
in accordance with subsection (d).
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14
days after the rejection, the nonpartisan agency shall
develop and submit to the Select Committee a second
replacement selection pool, under the same terms and
conditions that applied to the development and submission of
the selection pool under paragraphs (1) through (7) of
subsection (b). The second replacement selection pool
submitted under this paragraph may include individuals who
were included in the rejected selection pool submitted under
subsection (b) or the rejected replacement selection pool
submitted under subsection (c), so long as at least one of
the individuals in the replacement pool was not included in
either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not earlier than 15 days and not later
than 14 days after receiving the second replacement selection
pool from the nonpartisan agency under paragraph (1), the
Select Committee on Redistricting shall, by majority vote--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2411(a)(1);
or
(ii) reject the pool.
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.
(C) Effect of rejection.--If the Select Committee on
Redistricting rejects the second replacement pool from the
nonpartisan agency under paragraph (1), the redistricting
plan for the State shall be developed and enacted in
accordance with part 3.

SEC. 2413. PUBLIC NOTICE AND INPUT.

(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public, including proposed maps, throughout
the process of developing the redistricting plan for the
State, and shall carry out its duties in an open and
transparent manner which provides for the widest public
dissemination reasonably possible of its proposed and final
redistricting plans.
(2) Website.--
(A) Features.--The commission shall maintain a public
Internet site which is not affiliated with or maintained by
the office of any elected official and which includes the
following features:
(i) General information on the commission, its role in the
redistricting process, and its members, including contact
information.
(ii) An updated schedule of commission hearings and
activities, including deadlines for the submission of
comments.
(iii) All draft redistricting plans developed by the
commission under subsection (b) and the final redistricting
plan developed under subsection (c), including the
accompanying written evaluation under subsection (d).
(iv) All comments received from the public on the
commission's activities, including any proposed maps
submitted under paragraph (1).
(v) Live streaming of commission hearings and an archive of
previous meetings, including any documents considered at any
such meeting, which the commission shall post not later than
24 hours after the conclusion of the meeting.
(vi) Access in an easily 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 submitted by individuals included in any
selection pool, except that the commission may redact from
such applications any financial or other personally sensitive
information.
(B) Searchable format.--The commission shall ensure that
all information posted and maintained on the site under this
paragraph, including information and proposed maps submitted
by the public, shall be maintained in an easily searchable
format.
(C) Deadline.--The commission shall ensure that the public
internet site under this paragraph is operational (in at
least a preliminary format) not later than January 1 of the
year ending in the numeral one.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in the
numeral one; and
(B) which ends 7 days before the date of the meeting at
which the commission shall vote on approving the final
redistricting plan for enactment into law under subsection
(c)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the
commission shall hold its meetings and hearings in various
geographic regions and locations throughout the State.
(5) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
posted and published under this section available in any
language in which the State (or any jurisdiction in the
State) is required to provide election materials under
section 203 of the Voting Rights Act of 1965.
(b) Development and Publication of Preliminary
Redistricting Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State shall develop and publish
a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 3 hearings required.--Prior to developing a preliminary
redistricting plan under this subsection, the commission
shall hold not fewer than 3 public hearings at which members
of the public may provide input and comments regarding the
potential contents of redistricting plans for the State and
the process by which the commission will develop the
preliminary plan under this subsection.
(B) Minimum period for notice prior to hearings.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing in on the website maintained under subsection (a)(2),
and shall provide for the publication of such notices in
newspapers of general circulation throughout the State. Each
such notice shall specify the date, time, and location of the
hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or portions
of maps for consideration by the commission. As provided
under subsection (a)(2)(A), any such map shall be made
publicly available on the commission's website and open to
comment.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the preliminary
redistricting plan developed under this subsection, together
with a report that includes the commission's responses to any
public comments received under subsection (a)(3), on the
website maintained under subsection (a)(2), and shall provide
for the publication of each such plan in newspapers of
general circulation throughout the State.
(B) Minimum period for notice prior to publication.--Not
fewer than 14 days prior to the date on which the commission
posts and publishes the preliminary plan under this
paragraph, the commission shall notify the public through the
website maintained under subsection (a)(2), as well as
through publication of

[[Page H922]]

notice in newspapers of general circulation throughout the
State, of the pending publication of the plan.
(4) Minimum post-publication period for public comment.--
The commission shall accept and consider comments from the
public (including through the website maintained under
subsection (a)(2)) with respect to the preliminary
redistricting plan published under paragraph (3), including
proposed revisions to maps, for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and publishing the
preliminary redistricting plan under paragraph (3), the
commission shall hold not fewer than 3 public hearings in
different geographic areas of the State at which members of
the public may provide input and comments regarding the
preliminary plan.
(B) Minimum period for notice prior to hearings.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing in on the website maintained under subsection (a)(2),
and shall provide for the publication of such notices in
newspapers of general circulation throughout the State. Each
such notice shall specify the date, time, and location of the
hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the
development and publication of each such subsequent plan
meets the requirements set forth in this subsection for the
development and publication of the first preliminary
redistricting plan.
(c) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan
developed and published under subsection (b), the independent
redistricting commission of a State shall develop and publish
a final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), the commission shall hold a
public hearing at which the members of the commission shall
vote on approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained
under subsection (a)(2), as well as through newspapers of
general circulation throughout the State:
(A) The final redistricting plan, including all relevant
maps.
(B) A report by the commission to accompany the plan which
provides the background for the plan and the commission's
reasons for selecting the plan as the final redistricting
plan, including responses to the public comments received on
any preliminary redistricting plan developed and published
under subsection (b).
(C) Any dissenting or additional views with respect to the
plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final
redistricting plan developed and published under this
subsection shall be deemed to be enacted into law upon the
expiration of the 45-day period which begins on the date on
which--
(A) such final plan is approved by a majority of the whole
membership of the commission; and
(B) at least one member of the commission appointed from
each of the categories of the approved selection pool
described in section 2412(b)(1) approves such final plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The final
redistricting plan shall not be deemed to be enacted into law
unless the State submits the plan to the Department of
Justice for an administrative review to determine if the plan
is in compliance with the criteria described in subparagraphs
(B) and (C) of section 2413(a)(1).
(B) Termination of review.--The Department of Justice shall
terminate any administrative review under subparagraph (A)
if, during the 45-day period which begins on the date the
plan is enacted into law, an action is filed in a United
States district court alleging that the plan is not in
compliance with the criteria described in subparagraphs (B)
and (C) of section 2413(a)(1).
(d) Written Evaluation of Plan Against External Metrics.--
The independent redistricting commission shall include with
each redistricting plan developed and published under this
section a written evaluation that measures each such plan
against external metrics which cover the criteria set forth
in section 2403(a), including the impact of the plan on the
ability of communities of color to elect candidates of
choice, measures of partisan fairness using multiple accepted
methodologies, and the degree to which the plan preserves or
divides communities of interest.
(e) Timing.--The independent redistricting commission of a
State may begin its work on the redistricting plan of the
State upon receipt of relevant population information from
the Bureau of the Census, and shall approve a final
redistricting plan for the State in each year ending in the
numeral one not later than 8 months after the date on which
the State receives the State apportionment notice or October
1, whichever occurs later.

SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES.

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

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

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

[[Page H923]]

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

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

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

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

If a Federal court requires a State to conduct
redistricting subsequent to an apportionment of
Representatives in the State in order to comply with the
Constitution or to enforce the Voting Rights Act of 1965,
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) and
paragraph (3), the Election Assistance Commission may not
make a payment to a State under this section until the State
certifies to the Commission that the nonpartisan agency
established or designated by a State under section 2414(a)
has, in accordance with section 2412(b)(1), submitted a
selection pool to the Select Committee on Redistricting for
the State established under section 2414(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 2401(c), is exempt
from the requirements of section 2401(a), the Commission may
not make a payment to the State under this section until the
State certifies to the Commission that its redistricting
commission meets the requirements of section 2401(c).
(3) Exception for state of iowa.--In the case of the State
of Iowa, the Commission may not make a payment to the State
under this section until the State certifies to the
Commission that it will carry out congressional redistricting
pursuant to the State's apportionment notice in accordance
with a plan developed by the Iowa Legislative Services Agency
with the assistance of a Temporary Redistricting Advisory
Commission, as provided under the law described in section
2401(d).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for payments
under this section.

SEC. 2432. CIVIL ENFORCEMENT.

(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for
such relief as may be appropriate to carry out this subtitle.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State to
meet the requirements of this subtitle may bring a civil
action in the United States district court for the applicable
venue for such relief as may be appropriate to remedy the
failure. For purposes of this section, the ``applicable
venue'' is the District of Columbia or the judicial district
in which the capital of the State is located, as selected by
the person who brings the civil action.
(b) Expedited Consideration.--In any action brought forth
under this section, the following rules shall apply:
(1) The action shall be filed in the district court of the
United States for the District of Columbia or for the
judicial district in which the capital of the State is
located, as selected by the person bringing the action.
(2) The action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(3) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(4) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary
of the Senate.
(5) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(6) It shall be the duty of the district court and the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action under
this section finds that the congressional redistricting plan
of a State violates, in whole or in part, the requirements of
this subtitle--
(i) the Court shall adopt a replacement congressional
redistricting plan for the State in accordance with the
process set forth in section 2421; or
(ii) if circumstances warrant and no delay to an upcoming
regularly scheduled election for the House of Representatives
in the State would result, the district court may allow a
State to develop and propose a remedial congressional
redistricting plan for consideration by the court, and such
remedial plan may be developed by the State by adopting such
appropriate changes to the State's enacted plan as may be
ordered by the court.
(B) Special rule in case final adjudication not expected
within 3 months of election.--

[[Page H924]]

If final adjudication of an action under this section is not
reasonably expected to be completed at least three months
prior to the next regularly scheduled election for the House
of Representatives in the State, the district court shall, as
the balance of equities warrant,--
(i) order development, adoption, and use of an interim
congressional redistricting plan in accordance with section
2421(e) to address any claims under this title for which a
party seeking relief has demonstrated a substantial
likelihood of success; or
(ii) order adjustments to the timing of primary elections
for the House of Representatives, as needed, to allow
sufficient opportunity for adjudication of the matter and
adoption of a remedial or replacement plan for use in the
next regularly scheduled general elections for the House of
Representatives.
(2) No injunctive relief permitted.--Any remedial or
replacement congressional redistricting plan ordered under
this subsection shall not be subject to temporary or
preliminary injunctive relief from any court unless the
record establishes that a writ of mandamus is warranted.
(3) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
subtitle, no stay shall issue which shall bar the development
or adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal.
(d) Attorney's Fees.--In a civil action under this section,
the court may allow the prevailing party (other than the
United States) reasonable attorney fees, including litigation
expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this
section are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this
subtitle shall supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this subtitle
authorizes or requires conduct that is prohibited by the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or
State may claim legislative privilege under either State or
Federal law in a civil action brought under this section or
in any other legal challenge, under either State or Federal
law, to a redistricting plan enacted under this subtitle.

SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED.

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

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

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

SEC. 2435. EFFECTIVE DATE.

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

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

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

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

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

SEC. 2442. TRIGGERING EVENTS.

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

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

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

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

[[Page H925]]

commission, including at least one member appointed from each
of the categories of the approved selection pool described in
section 2452(b)(1).
(3) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner.
(d) Preservation of Records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as
may be necessary to enable the State to respond to any civil
action brought with respect to congressional redistricting in
the State.

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

(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission under this
part if the individual meets each of the following criteria:
(A) As of the date of appointment, the individual is
registered to vote in elections for Federal office held in
the State.
(B) During the 3-year period ending on the date of the
individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any political
party.
(C) The individual submits to the nonpartisan agency
established or designated by a State under section 2453, 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 such covered period as the
State may establish with respect to any of the subparagraphs
of paragraph (2), the individual has not taken and will not
take any action which would disqualify the individual from
serving as a member of the commission under such paragraph.
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies with respect to such covered period as the State may
establish:
(A) The individual or an immediate family member of the
individual holds public office or is a candidate for election
for public office.
(B) The individual or an immediate family member of the
individual serves as an officer of a political party or as an
officer, employee, or paid consultant of a campaign committee
of a candidate for public office or of any political action
committee (as determined in accordance with the law of the
State).
(C) The individual or an immediate family member of the
individual holds a position as a registered lobbyist under
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.)
or an equivalent State or local law.
(D) The individual or an immediate family member of the
individual is an employee of an elected public official, a
contractor with the government of the State, or a donor to
the campaign of any candidate for public office or to any
political action committee (other than a donor who, during
any of such covered periods, gives an aggregate amount of
$1,000 or less to the campaigns of all candidates for all
public offices and to all political action committees).
(E) The individual paid a civil money penalty or criminal
fine, or was sentenced to a term of imprisonment, for
violating any provision of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101 et seq.).
(F) The individual or an immediate family member of the
individual is an agent of a foreign principal under the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.).
(3) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to
an individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother,
sister, stepsister, husband, wife, father-in-law, or mother-
in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than July 15, 2021, the
nonpartisan agency established or designated by a State under
section 2454(a) shall develop and submit to the Select
Committee on Redistricting for the State established under
section 2454(b) a selection pool of 36 individuals who are
eligible to serve as members of the independent redistricting
commission of the State under this part, consisting of
individuals in the following categories:
(A) A majority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the most votes in the most recent Statewide election
for Federal office held in the State.
(B) A minority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the second most votes in the most recent Statewide
election for Federal office held in the State.
(C) An independent category, consisting of 12 individuals
who are not affiliated with either of the political parties
described in subparagraph (A) or subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and includes
applicants who would allow racial, ethnic, and language
minorities protected under the Voting Rights Act of 1965 a
meaningful opportunity to participate in the development of
the State's redistricting plan; and
(B) take into consideration the analytical skills of the
individuals selected in relevant fields (including mapping,
data management, law, community outreach, demography, and the
geography of the State) and their ability to work on an
impartial basis.
(3) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(C), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(4) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across
various geographic regions and demographic groups are aware
of the opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(5) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the
Select Committee on Redistricting under paragraph (1), it
shall publish a report describing the process by which the
pool was developed, and shall include in the report a
description of how the individuals in the pool meet the
eligibility criteria of subsection (a) and of how the pool
reflects the factors the agency is required to take into
consideration under paragraph (2).
(6) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (5), the agency shall
accept comments from the public on the individuals included
in the selection pool. The agency shall transmit all such
comments to the Select Committee on Redistricting immediately
upon the expiration of such period.
(7) Action by select committee.--
(A) In general.--Not later than August 1, 2021, the Select
Committee on Redistricting shall--
(i) approve the pool as submitted by the nonpartisan
agency, in which case the pool shall be considered the
approved selection pool for purposes of section 2451(a)(1);
or
(ii) reject the pool, in which case the redistricting plan
for the State shall be developed and enacted in accordance
with part 3.
(B) Inaction deemed rejection.--If the Select Committee on
Redistricting fails to approve or reject the pool within the
deadline set forth in subparagraph (A), the Select Committee
shall be deemed to have rejected the pool for purposes of
such subparagraph.

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

(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State under this part shall
hold each of its meetings in public, shall solicit and take
into consideration comments from the public, including
proposed maps, throughout the process of developing the
redistricting plan for the State, and shall carry out its
duties in an open and transparent manner which provides for
the widest public dissemination reasonably possible of its
proposed and final redistricting plans.
(2) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time until 7
days before the date of the meeting at which the commission
shall vote on approving the final redistricting plan for
enactment into law under subsection (c)(2).
(3) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the
commission shall hold its meetings and hearings in various
geographic regions and locations throughout the State.
(4) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
published under this section available in any language in
which the State (or any jurisdiction in the State) is
required to provide election materials under section 203 of
the Voting Rights Act of 1965.
(b) Development and Publication of Preliminary
Redistricting Plan.--

[[Page H926]]

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

SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES.

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

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

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

Subtitle F--Saving Eligible Voters From Voter Purging

SEC. 2501. SHORT TITLE.

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

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

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

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

``(a) Verification on Basis of Objective and Reliable
Evidence of Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote
in elections for Federal office in the State unless the

[[Page H927]]

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--Residence of Incarcerated Individuals

SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS.

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

Subtitle I--Findings Relating to Youth Voting

SEC. 2801. FINDINGS RELATING TO YOUTH VOTING.

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

Subtitle J--Severability

SEC. 2901. SEVERABILITY.

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

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

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.

[[Page H928]]

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.

Subtitle F--Election Security Grants Advisory Committee

Sec. 3501. Establishment of advisory committee.

Subtitle G--Miscellaneous Provisions

Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.

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

Sec. 3701. Use of voting machines manufactured in the United States.

Subtitle I--Severability

Sec. 3801. Severability.

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 1622(b), 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 2021 with
a voting system which does meet such requirements, for use in
the regularly scheduled general elections for Federal office
held in November 2022, 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 2022 with another system which does meet such
requirements and is in compliance with such guidelines;
``(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 2022 and each succeeding election for Federal
office; and
``(3) to implement and model best practices for ballot
design, ballot instructions, and the testing of ballots.
``(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) 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.
``(e) 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 3601 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 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, the identification of
any entity or individual with a more than five percent
ownership interest in the vendor.
``(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the cybersecurity best practices
issued by the Technical Guidelines Development Committee.
``(E) 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.
``(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the supply chain best practices
issued by the Technical Guidelines Development Committee.
``(G) The vendor agrees to ensure that it has personnel
policies and practices in place that are consistent with
personnel best practices, including cybersecurity training
and background checks, issued by the Technical Guidelines
Development Committee.
``(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with data integrity best practices,
including requirements for encrypted transfers and
validation, testing and checking printed materials for
accuracy, and disclosure of quality control incidents, issued
by the Technical Guidelines Development Committee
``(I) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant under
this part.

[[Page H929]]

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

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

``Sec. 298. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.

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), as amended by section 1921(b)(1),
is amended to read as follows:

``SEC. 901. DEFINITIONS.

``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3601 of the Election Security Act.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by amending the item relating to section 901 to
read as follows:

``Sec. 901. Definitions.''.

PART 2--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 1622(b) 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 2022 and each succeeding election for Federal
office.
``(b) Risk-Limiting Audits Described.--In this part, a
`risk-limiting audit' is a post-election process--

[[Page H930]]

``(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:
``(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 2021, to remain
available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act,
as amended by sections 1622(c) 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 by adding at the end
the following new section:

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

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

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

Subtitle B--Security Measures

SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION.

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

SEC. 3102. TIMELY THREAT INFORMATION.

Subsection (d) of section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 121) is amended by adding at the end the
following 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.''.

[[Page H931]]

SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION
OFFICIALS.

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

SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.

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

SEC. 3105. ANNUAL REPORTS.

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

SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS.

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

Subtitle C--Enhancing Protections for United States Democratic
Institutions

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

(a) In General.--Not later than 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 governments the institutions
of which were subject to a cyber attack, influence operation,
disinformation campaign, or other activity aimed at
undermining the security and integrity of such institutions,
as well as actions that could be taken by the United States
Government to bolster collaboration with foreign partners to
detect, deter, prevent, and counter such activities.
(5) Potential impacts, such as an erosion of public trust
in democratic institutions, as could be associated with a
successful cyber breach or other activity negatively
affecting election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials
and representatives of multi-state information sharing and
analysis centers.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect
United States Democratic Institutions, authorized pursuant to
section 3202.
(c) Implementation Plan.--Not later than 90 days after the
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 section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to
Congress a report 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 (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:

[[Page H932]]

(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) Two members shall be appointed by the majority leader
of the Senate, in consultation with the Chairman of the
Committee on Homeland Security and Governmental Affairs, the
Chairman of the Committee on the Judiciary, and the Chairman
of the Committee on Rules and Administration.
(D) Two members shall be appointed by the minority leader
of the Senate, in consultation with the ranking minority
member of the Committee on Homeland Security and Governmental
Affairs, the ranking minority member of the Committee on the
Judiciary, and the ranking minority member of the Committee
on Rules and Administration.
(E) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the Chairman
of the Committee on Homeland Security, the Chairman of the
Committee on House Administration, and the Chairman of the
Committee on the Judiciary.
(F) Two members shall be appointed by the minority leader
of the House of Representatives, in consultation with the
ranking minority member of the Committee on Homeland
Security, 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
cybersecurity, national security, and the Constitution of the
United States.
(3) No compensation for service.--Members may not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days after
the date of 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 who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission
of the final report under paragraph (2), the Commission may
submit interim reports to the President and Congress
containing such findings, conclusions, and recommendations to
strengthen protections for democratic institutions in the
United States as have been agreed to by a majority of the
members of the Commission.
(2) Final report.--Not later than 18 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report
containing such findings, conclusions, and recommendations to
strengthen protections for democratic institutions in the
United States as have been agreed to by a majority of the
members of the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period referred to in paragraph (1), the
Commission may carry out such administrative activities as
may be required to conclude its work, including providing
testimony to committees of Congress concerning the final
report and disseminating the final report.

Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration

SEC. 3301. 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 2022 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 (d) 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, 2022.''.

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

[[Page H933]]

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 2022 and each succeeding
regularly scheduled general election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
301 the following new item:

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

SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.

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

Subtitle E--Preventing Election Hacking

SEC. 3401. SHORT TITLE.

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

SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.

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

Subtitle F--Election Security Grants Advisory Committee

SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE.

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

``PART 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--
``(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.
``(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.

Subtitle G--Miscellaneous Provisions

SEC. 3601. DEFINITIONS.

Except as provided in section 3402, 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).

[[Page H934]]

SEC. 3602. 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 H--Use of Voting Machines Manufactured in the United States

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

(a) Requirement.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504,
section 1505, and section 1507, is further amended by adding
at the end the following new paragraph:
``(10) Voting machine requirements.--By not later than the
date of the regularly scheduled general election for Federal
office occurring in November 2024, each State shall seek to
ensure that any voting machine used in such election and in
any subsequent election for Federal office is manufactured in
the United States.''.
(b) Conforming Amendment Relating to Effective Date.--
Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as
amended by section 1508, is amended by striking ``paragraph
(2)'' and inserting ``subsection (a)(10) and paragraph (2)''.

Subtitle I--Severability

SEC. 3801. SEVERABILITY.

DIVISION B--CAMPAIGN FINANCE

TITLE IV--CAMPAIGN FINANCE TRANSPARENCY

Subtitle A--Establishing Duty To Report Foreign Election Interference

Subtitle B--DISCLOSE Act

Sec. 4100. Short title.

Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections

Part 2--Reporting of Campaign-Related Disbursements

Part 3--Other Administrative Reforms

Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.

Subtitle C--Strengthening Oversight of Online Political Advertising

Subtitle D--Stand By Every Ad

Subtitle E--Deterring Foreign Interference in Elections

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

Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals

Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.

Part 3--Prohibiting Use of Deepfakes in Election Campaigns

Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.

Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists

Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.

Subtitle F--Secret Money Transparency

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political activity of
certain nonprofit organizations.
Sec. 4502. Repeal of regulations.

Subtitle G--Shareholder Right-to-Know

Subtitle H--Disclosure of Political Spending by Government Contractors

Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government contractors.

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

Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.

Subtitle J--Miscellaneous Provisions

Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.

Subtitle A--Establishing Duty To Report Foreign Election Interference

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

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

[[Page H935]]

detect and deter the financial misconduct that fuels this
driver of global instability. Congress should monitor
government efforts to enforce United States anti-corruption
laws and regulations.

SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding
at the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation
and the Commission of the reportable foreign contact and
provide a summary of the circumstances with respect to such
reportable foreign contact. The Federal Bureau of
Investigation, not later than 1 week after receiving a
notification from a political committee under this paragraph,
shall submit to the political committee, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate
written or electronic confirmation of receipt of the
notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family member of a
candidate shall notify the treasurer or other designated
official of the principal campaign committee of such
candidate of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact; and
``(B) each official, employee, or agent of a political
committee shall notify the treasurer or other designated
official of the committee of the reportable foreign contact
and provide a summary of the circumstances with respect to
such reportable foreign contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign contact'
means any direct or indirect contact or communication that--
``(i) is between--

``(I) a candidate, an immediate family member of the
candidate, a political committee, or any official, employee,
or agent of such committee; and
``(II) an individual that the person described in subclause
(I) knows, has reason to know, or reasonably believes is a
covered foreign national; and

``(ii) the person described in clause (i)(I) knows, has
reason to know, or reasonably believes involves--

``(I) an offer or other proposal for a contribution,
donation, expenditure, disbursement, or solicitation
described in section 319; or
``(II) coordination or collaboration with, an offer or
provision of information or services to or from, or
persistent and repeated contact with, a covered foreign
national in connection with an election.

``(B) Exceptions.--
``(i) Contacts in official capacity as elected official.--
The term `reportable foreign contact' shall not include any
contact or communication with a covered foreign national by
an elected official or an employee of an elected official
solely in an official capacity as such an official or
employee.
``(ii) Contacts for purposes of enabling observation of
elections by international observers.--The term `reportable
foreign contact' shall not include any contact or
communication with a covered foreign national by any person
which is made for purposes of enabling the observation of
elections in the United States by a foreign national or the
observation of elections outside of the United States by a
candidate, political committee, or any official, employee, or
agent of such committee.
``(iii) Exceptions not applicable if contacts or
communications involve prohibited disbursements.--A contact
or communication by an elected official or an employee of an
elected official shall not be considered to be made solely in
an official capacity for purposes of clause (i), and a
contact or communication shall not be considered to be made
for purposes of enabling the observation of elections for
purposes of clause (ii), if the contact or communication
involves a contribution, donation, expenditure, disbursement,
or solicitation described in section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the term `covered
foreign national' means--

``(I) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b))) that is a government of a foreign country or a
foreign political party;
``(II) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in subclause (I) or
of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign principal
described in subclause (I); or
``(III) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in subclause (I).

``(ii) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, subclause (II) of clause (i) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in subclause (I) of clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated official of
the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the nature of
any contribution, donation, expenditure, disbursement, or
solicitation involved and the nature of any activity
described in subsection (j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of
the enactment of this Act.

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

(a) In General.--Section 302 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding
at the end the following new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents
of such committee (and, in the case of an authorized
committee, the candidate and each immediate family member of
the candidate) to notify the treasurer or other appropriate
designated official of the committee of any reportable
foreign contact (as defined in section 304(j)) not later than
3 days after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides
for the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report filed
under section 304(a), the treasurer of each political
committee (other than an authorized committee) shall certify
that--
``(i) the committee has in place policies that meet the
requirements of paragraphs (1) and (2);
``(ii) the committee has designated an official to monitor
compliance with such policies; and
``(iii) not later than 1 week after the beginning of any
formal or informal affiliation with the committee, all
officials, employees, and agents of such committee will--

``(I) receive notice of such policies;
``(II) be informed of the prohibitions under section 319;
and
``(III) sign a certification affirming their understanding
of such policies and prohibitions.

``(B) Authorized committees.--With respect to an authorized
committee, the candidate shall make the certification
required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or
after the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act,
each political committee under the Federal Election Campaign
Act of 1971 shall file a certification with the Federal
Election Commission that the committee is in compliance with
the requirements of section 302(j) of such Act (as added by
subsection (a)).

SEC. 4004. CRIMINAL PENALTIES.

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

SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Federal Bureau of Investigation shall submit to the
congressional intelligence committees a report relating to
notifications received by the Federal Bureau of Investigation
under section 304(j)(1) of the Federal Election Campaign Act
of 1971 (as added by section 4002(a) of this Act).
(b) Elements.--Each report under subsection (a) shall
include, at a minimum, the following with respect to
notifications described in subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.

[[Page H936]]

(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.
(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
has the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).

SEC. 4006. RULE OF CONSTRUCTION.

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

Subtitle B--DISCLOSE Act

SEC. 4100. SHORT TITLE.

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

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

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

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

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

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

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

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

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

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

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

(a) In General.--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 ``State, or local election'' and
inserting the following: ``State, or local election,
including a State or local ballot initiative or referendum''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections held in 2022 or any
succeeding year.

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

(a) Disbursements Described.--Section 319(a)(1) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering communication
(within the meaning of section 304(f)(3));
``(F) a disbursement for a communication which is placed or
promoted for a fee on a website, web application, or digital
application that refers to a clearly identified candidate for
election for Federal office and is disseminated within 60
days before a general, special, or runoff election for the
office sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a political
party that has authority to nominate a candidate for the
office sought by the candidate;
``(G) a disbursement for a broadcast, cable or satellite
communication, or for a communication which is placed or
promoted for a fee on a website, web application, or digital
application, that promotes, supports, attacks, or opposes the
election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the
communication contains express advocacy or the functional
equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or satellite
communication, or for any communication which is placed or
promoted for a fee on an

[[Page H937]]

online platform (as defined in section 304(k)(3)), that
discusses a national legislative issue of public importance
in a year in which a regularly scheduled general election for
Federal office is held, but only if the disbursement is made
by a covered foreign national described in section
304(j)(3)(C);
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any person
for internet activity that promotes, supports, attacks, or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether the
activity contains express advocacy or the functional
equivalent of express advocacy); and
``(J) a disbursement for a Federal judicial nomination
communication (as defined in section 324(d)(2)).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.

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

(a) Prohibition.--Chapter 29 of title 18, United States
Code, as amended by section 1071(a) and section 1201(a), is
amended by adding at the end the following:

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

``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company,
or other entity to establish or use the corporation, company,
or other entity with the intent to conceal an activity of a
foreign national (as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited
under such section 319.
``(b) Penalty.--Any person who violates subsection (a)
shall be imprisoned for not more than 5 years, fined under
this title, or both.''.
(b) Table of Sections.--The table of sections for chapter
29 of title 18, United States Code, as amended by section
1071(b) and section 1201(b), is amended by inserting after
the item relating to section 613 the following:

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

PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

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

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

``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000
in an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under this
subsection, for the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the first such disclosure date) and
ending on the first such disclosure date; and
``(B) in the case of any subsequent statement filed under
this subsection, for the period beginning on the previous
disclosure date and ending on such disclosure date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and, in the
case of a covered organization that is a corporation (other
than a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d))) or an entity described in subsection (e)(2), a list
of the beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by name and current
residential or business street address; and
``(ii) if any beneficial owner exercises control over the
entity through another legal entity, such as a corporation,
partnership, limited liability company, or trust, identifies
each such other legal entity and each such beneficial owner
who will use that other entity to exercise control over the
entity.
``(B) The amount of each campaign-related disbursement made
by such organization during the period covered by the
statement of more than $1,000, and the name and address of
the person to whom the disbursement was made.
``(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the
campaign-related disbursement pertains and if the
disbursement is made for a public communication, the name of
any candidate identified in such communication and whether
such communication is in support of or in opposition to a
candidate.
``(D) A certification by the chief executive officer or
person who is the head of the covered organization that the
campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion
of a candidate, authorized committee, or agent of a
candidate, political party, or agent of a political party.
``(E)(i) If the covered organization makes campaign-related
disbursements using exclusively funds in a segregated bank
account consisting of funds that were paid directly to such
account by persons other than the covered organization that
controls the account, for each such payment to the account--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of $10,000 or
more during the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2022.
``(F)(i) If the covered organization makes campaign-related
disbursements using funds other than funds in a segregated
bank account described in subparagraph (E), for each payment
to the covered organization--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate amount
of $10,000 or more during the period beginning on the first
day of the election reporting cycle (or, if earlier, the
period beginning one year before the disclosure date) and
ending on the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2022.
``(G) Such other information as required in rules
established by the Commission to promote the purposes of this
section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of business.--The
requirement to include in a statement filed under paragraph
(1) the information described in paragraph (2) shall not
apply to amounts received by the covered organization in
commercial transactions in the ordinary course of any trade
or business conducted by the covered organization or in the
form of investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this subparagraph,
amounts received by a covered organization as remittances
from an employee to the employee's collective bargaining
representative shall be treated as amounts received in
commercial transactions in the ordinary course of the
business conducted by the covered organization.
``(B) Donor restriction on use of funds.--The requirement
to include in a statement submitted under paragraph (1) the
information described in subparagraph (F) of paragraph (2)
shall not apply if--
``(i) the person described in such subparagraph prohibited,
in writing, the use of the payment made by such person for
campaign-related disbursements; and
``(ii) the covered organization agreed to follow the
prohibition and deposited the payment in an account which is
segregated from any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The requirement to
include any information relating to the name or address of
any person (other than a candidate) in a statement submitted
under paragraph (1) shall not apply if the inclusion of the
information would subject the person to serious threats,
harassment, or reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in clause (ii), the
term `beneficial owner' means, with respect to any entity, a
natural person who, directly or indirectly--

``(I) exercises substantial control over an entity through
ownership, voting rights, agreement, or otherwise; or
``(II) has a substantial interest in or receives
substantial economic benefits from the assets of an entity.

``(ii) Exceptions.--The term `beneficial owner' shall not
include--

``(I) a minor child;
``(II) a person acting as a nominee, intermediary,
custodian, or agent on behalf of another person;
``(III) a person acting solely as an employee of an entity
and whose control over or economic benefits from the entity
derives solely from the employment status of the person;
``(IV) a person whose only interest in an entity is through
a right of inheritance, unless the person also meets the
requirements of clause (i); or

[[Page H938]]

``(V) a creditor of an entity, unless the creditor also
meets the requirements of clause (i).

``(iii) Anti-abuse rule.--The exceptions under clause (ii)
shall not apply if used for the purpose of evading,
circumventing, or abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date' means--
``(i) the first date during any election reporting cycle by
which a person has made campaign-related disbursements
aggregating more than $10,000; and
``(ii) any other date during such election reporting cycle
by which a person has made campaign-related disbursements
aggregating more than $10,000 since the most recent
disclosure date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on the
date of the most recent general election for Federal office,
except that in the case of a campaign-related disbursement
for a Federal judicial nomination communication, such term
means any calendar year in which the campaign-related
disbursement is made.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or other
payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be
treated as a separate segregated fund for purposes of section
527(f)(3) of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under
subsection (a) shall be subject to the requirements of
section 304(d) to the same extent and in the same manner as
if such reports had been required under subsection (c) or (g)
of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly advocates
the election or defeat of a clearly identified candidate for
election for Federal office, or is the functional equivalent
of express advocacy because, when taken as a whole, it can be
interpreted by a reasonable person only as advocating the
election or defeat of a candidate for election for Federal
office.
``(B) 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 Federal judicial nomination communication.
``(E) A covered transfer.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial nomination
communication' means any communication--
``(i) that is by means of any broadcast, cable, or
satellite, paid internet, or paid digital communication, paid
promotion, newspaper, magazine, outdoor advertising facility,
mass mailing, telephone bank, telephone messaging effort of
more than 500 substantially similar calls or electronic
messages within a 30-day period, or any other form of general
public political advertising; and
``(ii) which promotes, supports, attacks, or opposes the
nomination or Senate confirmation of an individual as a
Federal judge or justice.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(3) Exception.--The term `campaign-related disbursement'
does not include any news story, commentary, or editorial
distributed through the facilities of any broadcasting
station or any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are owned
or controlled by any political party, political committee, or
candidate.
``(4) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), (D), or (E) of
paragraph (1) shall be treated as a campaign-related
disbursement regardless of the intent of the person making
the disbursement.
``(e) Covered Organization Defined.--In this section, the
term `covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such
Code (other than an organization described in section
501(c)(3) of such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political
committee under this Act (except as provided in paragraph
(6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act,
but only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the amounts be
used for--
``(i) campaign-related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(B) made such transfer or payment in response to a
solicitation or other request for a donation or payment for--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(C) engaged in discussions with the recipient of the
transfer or payment regarding--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) donating or transferring any amount of such transfer
or payment to another person for the purpose of making or
paying for such campaign-related disbursements;
``(D) made campaign-related disbursements (other than a
covered transfer) in an aggregate amount of $50,000 or more
during the 2-year period ending on the date of the transfer
or payment, or knew or had reason to know that the person
receiving the transfer or payment made such disbursements in
such an aggregate amount during that 2-year period; or
``(E) knew or had reason to know that the person receiving
the transfer or payment would make campaign-related
disbursements in an aggregate amount of $50,000 or more
during the 2-year period beginning on the date of the
transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization in a
commercial transaction in the ordinary course of any trade or
business conducted by the covered organization or in the form
of investments made by the covered organization.
``(B) A disbursement made by a covered organization if--
``(i) the covered organization prohibited, in writing, the
use of such disbursement for campaign-related disbursements;
and
``(ii) the recipient of the disbursement agreed to follow
the prohibition and deposited the disbursement in an account
which is segregated from any account used to make campaign-
related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one covered
organization to another covered organization which is treated
as a transfer between affiliates under subparagraph (C) shall
be considered a covered transfer by the covered organization
which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to
that same covered organization is equal to or greater than
$50,000.
``(B) Determination of amount of certain payments among
affiliates.--In determining the amount of a transfer between
affiliates for purposes of subparagraph (A), to the extent
that the transfer consists of funds attributable to dues,
fees, or assessments which are paid by individuals on a
regular, periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the transfer
shall be attributed to the individuals paying the dues, fees,
or assessments and shall not be attributed to the covered
organization.
``(C) Description of transfers between affiliates.--A
transfer of amounts from one covered organization to another
covered organization shall be treated as a transfer between
affiliates if--
``(i) one of the organizations is an affiliate of the other
organization; or
``(ii) each of the organizations is an affiliate of the
same organization,
except that the transfer shall not be treated as a transfer
between affiliates if one of the organizations is established
for the purpose of making campaign-related disbursements.
``(D) Determination of affiliate status.--For purposes of
subparagraph (C), a covered organization is an affiliate of
another covered organization if--
``(i) the governing instrument of the organization requires
it to be bound by decisions of the other organization;
``(ii) the governing board of the organization includes
persons who are specifically designated representatives of
the other organization or are members of the governing board,
officers, or paid executive staff members of the other
organization, or whose service on the governing board is
contingent upon the approval of the other organization; or
``(iii) the organization is chartered by the other
organization.
``(E) Coverage of transfers to affiliated section 501(c)(3)
organizations.--This paragraph shall apply with respect to an
amount transferred by a covered organization to an
organization described in paragraph (3) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code in the same manner as this
paragraph applies to an amount transferred by a covered
organization to another covered organization.
``(g) No Effect on Other Reporting Requirements.--Nothing
in this section shall be

[[Page H939]]

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 at the end 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, 2022, and shall
take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out
such amendments.

PART 3--OTHER ADMINISTRATIVE REFORMS

SEC. 4121. PETITION FOR CERTIORARI.

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

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

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

``SEC. 407. JUDICIAL REVIEW.

``(a) In General.--Notwithstanding section 373(f), if any
action is brought for declaratory or injunctive relief to
challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act
or of chapter 95 or 96 of the Internal Revenue Code of 1986,
or is brought to with respect to any action of the Commission
under chapter 95 or 96 of the Internal Revenue Code of 1986,
the following rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal
from the decision of the district court may be taken to the
Court of Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals
for the District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at
the time of its commencement is not subject to subsection
(a), but an amendment, counterclaim, cross-claim, affirmative
defense, or any other pleading or motion is filed
challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95
or 96 of the Internal Revenue Code of 1986, or is brought to
with respect to any action of the Commission under chapter 95
or 96 of the Internal Revenue Code of 1986, the district
court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be
conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action
described in subsection (a) relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress) or Senate shall have the right to intervene either
in support of or opposition to the position of a party to the
case regarding the constitutionality of the provision. To
avoid duplication of efforts and reduce the burdens placed on
the parties to the action, the court in any such action may
make such orders as it considers necessary, including orders
to require interveners taking similar positions to file joint
papers or to be represented by a single attorney at oral
argument.
``(d) Challenge by Members of Congress.--Any Member of
Congress may bring an action, subject to the special rules
described in subsection (a), for declaratory or injunctive
relief to challenge, whether facially or as-applied, the
constitutionality of any provision of this Act or chapter 95
or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:

``SEC. 9011. JUDICIAL REVIEW.

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

``SEC. 9041. JUDICIAL REVIEW.

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

Subtitle C--Strengthening Oversight of Online Political Advertising

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 smart phone applications

[[Page H940]]

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
(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 (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station or any online or digital
newspaper, magazine, blog, publication, or periodical, unless
such broadcasting, online, or digital facilities are owned or
controlled by any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to communications made on or after
January 1, 2022.

SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.

(a) Clear and Conspicuous Manner Requirement.--Subsection
(a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make
a statement in a clear and conspicuous manner if it is
difficult to read or hear or if the placement is easily
overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated
through a medium in which the provision of all of the
information specified in this section is not possible, the
communication shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the information
required under this section with minimal effort and without
receiving or viewing any additional material other than such
required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the communication; and
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible
and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(i) is included at either the beginning or the end of the
communication; and
``(ii) is made both in--

``(I) a written format that meets the requirements of
subparagraph (A) and appears for at least 4 seconds; and
``(II) an audible format that meets the requirements of
subparagraph (B).

``(D) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in subparagraph (A),
(B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11,
Code of Federal Regulations, or any successor to such rules,
shall have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C.
30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through radio'' and
inserting ``which is in an audio format''; and
(B) by striking ``By radio'' in the heading and inserting
``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through television''
and inserting ``which is in video format''; and

[[Page H941]]

(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or television''
and inserting ``made in audio or video format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.

SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE
PLATFORMS.

(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
4002, is amended by adding at the end the following new
subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--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, and, if the person purchasing the advertisement is
acting as the agent of a foreign principal under the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et
seq.), a statement that the person is acting as the agent of
a foreign principal and the identification of the foreign
principal involved.
``(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 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(k) 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;
(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(k) 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(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.

SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES,
INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN
NATIONALS IN THE FORM OF ONLINE ADVERTISING.

Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121), as amended by section 4101(b), is further
amended by adding at the end the following new subsection:
``(d) Responsibilities of Broadcast Stations, Providers of
Cable and Satellite Television, and Online Platforms.--
``(1) Responsibilities described.--Each television or radio
broadcast station, provider of cable or satellite television,
or online platform (as defined in section 304(k)(3)) shall
make reasonable efforts to ensure that communications
described in section 318(a) and made available by such
station, provider, or platform are not purchased by a foreign
national, directly or indirectly. For purposes of the
previous sentence, a station, provider, or online platform
shall not be considered to have made reasonable efforts under
this paragraph in the case of the availability of a
communication unless the station, provider, or online
platform directly inquires from the individual or entity
making such purchase whether the purchase is to be made by a
foreign national, directly or indirectly.
``(2) Special rules for disbursement paid with credit
card.--For purposes of paragraph (1), a television or radio
broadcast station, provider of cable or satellite television,
or online platform shall be considered to have made
reasonable efforts under such paragraph in the case of a
purchase of the availability of a communication which is made
with a credit card if--
``(A) the individual or entity making such purchase is
required, at the time of making such purchase, to disclose
the credit verification value of such credit card; and
``(B) the billing address associated with such credit card
is located in the United States or, in the case of a purchase
made by an individual who is a United States citizen living
outside of the United States, the individual provides the
television or radio broadcast station, provider of cable or
satellite television, or online platform with the United
States mailing address the individual uses for voter
registration purposes.''.

SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE
POLITICAL CONTENT CONSUMPTION.

(a) Independent Study.--Not later than 30 days after the
date of enactment of this Act, the Federal Election
Commission shall commission an independent study and report
on media literacy with respect to online political content
consumption among voting-age Americans.
(b) Elements.--The study and report under subsection (a)
shall include the following:
(1) An evaluation of media literacy skills, such as the
ability to evaluate sources, synthesize multiple accounts
into a coherent understanding of an issue, understand the
context of communications, and responsibly create and share
information, among voting-age Americans.
(2) An analysis of the effects of media literacy education
and particular media literacy skills on the ability to
critically consume online political content, including
political advertising.
(3) Recommendations for improving voting-age Americans'
ability to critically consume online political content,
including political advertising.
(c) Deadline.--Not later than 270 days after the date of
enactment of this Act, the entity conducting the study and
report under subsection (a) shall submit the report to the
Commission.
(d) Submission to Congress.--Not later than 30 days after
receiving the report under subsection (c), the Commission
shall submit the report to the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate, together
with such comments on the report as the Commission considers
appropriate.
(e) Definition of Media Literacy.--The term ``media
literacy'' means the ability to--
(1) access relevant and accurate information through media;
(2) critically analyze media content and the influences of
media;
(3) evaluate the comprehensiveness, relevance, credibility,
authority, and accuracy of information;
(4) make educated decisions based on information obtained
from media and digital sources;
(5) operate various forms of technology and digital tools;
and
(6) reflect on how the use of media and technology may
affect private and public life.

SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES
IDENTIFYING SPONSORS OF POLITICAL
ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE
TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED.

(a) Requirement.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
4002 and section 4208(a), is amended by adding at the end the
following new subsection:

[[Page H942]]

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

Subtitle D--Stand By Every Ad

SEC. 4301. SHORT TITLE.

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

SEC. 4302. STAND BY EVERY AD.

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

[[Page H943]]

(1) In general.--Section 318(a) of such Act (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of
financing communications expressly advocating the election or
defeat of a clearly identified candidate'' and inserting
``for a campaign-related disbursement, as defined in section
324, consisting of a public communication''.
(2) Clarification of exemption from inclusion of candidate
disclaimer statement in federal judicial nomination
communications.--Section 318(a)(3) of such Act (52 U.S.C.
30120(a)(3)) is amended by striking ``shall state'' and
inserting ``shall (except in the case of a Federal judicial
nomination communication, as defined in section 324(d)(2))
state''.
(c) Exception for Communications Paid for by Political
Parties and Certain Political Committees.--Section 318(d)(2)
of such Act (52 U.S.C. 30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A)
Any communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a communication
paid for in whole or in part during a calendar year with a
campaign-related disbursement, but only if the covered
organization making the campaign-related disbursement made
campaign-related disbursements (as defined in section 324)
aggregating more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining the
amount of campaign-related disbursements made by a covered
organization during a year, there shall be excluded the
following:
``(I) Any amounts received by the covered organization in
the ordinary course of any trade or business conducted by the
covered organization or in the form of investments in the
covered organization.
``(II) Any amounts received by the covered organization
from a person who prohibited, in writing, the organization
from using such amounts for campaign-related disbursements,
but only if the covered organization agreed to follow the
prohibition and deposited the amounts in an account which is
segregated from any account used to make campaign-related
disbursements.''.

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

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

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

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

SEC. 4305. EFFECTIVE DATE.

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

Subtitle E--Deterring Foreign Interference in Elections

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

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

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

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

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

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

Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121), as amended by section 4101(a), section
4101(b), section 4209, and section 4401, is further amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) a person to knowingly provide substantial assistance
to another person in carrying out an activity described in
paragraph (1), (2), or (3).''; and
(2) by adding at the end the following new subsections:
``(f) Knowingly Described.--
``(1) In general.--For purposes of subsection (a)(4), the
term `knowingly' means actual knowledge, constructive
knowledge, awareness of pertinent facts that would lead a
reasonable person to conclude there is a substantial
probability, or awareness of pertinent facts that would lead
a reasonable person to conduct a reasonable inquiry to
establish--
``(A) with respect to an activity described in subsection
(a)(1), that the contribution, donation, expenditure,
independent expenditure, or disbursement is from a foreign
national;
``(B) with respect to an activity described in subsection
(a)(2), that the contribution or donation solicited,
accepted, or received is from a foreign national; and
``(C) with respect to an activity described in subsection
(a)(3), that the person directing, dictating, controlling, or
directly or indirectly participating in the decisionmaking
process is a foreign national.
``(2) Pertinent facts.--For purposes of paragraph (1),
pertinent facts include, but are not limited to, that the
person making the contribution, donation, expenditure,
independent expenditure, or disbursement, or that the person

[[Page H944]]

from whom the contribution or donation is solicited,
accepted, or received, or that the person directing,
dictating, controlling, or directly or indirectly
participating in the decisionmaking process--
``(A) uses a foreign passport or passport number for
identification purposes;
``(B) provides a foreign address;
``(C) uses a check or other written instrument drawn on a
foreign bank, or by a wire transfer from a foreign bank, in
carrying out the activity; or
``(D) resides abroad.
``(g) Substantial Assistance Defined.--As used in this
section, the term `substantial assistance' means, with
respect to an activity prohibited by paragraph (1), (2), or
(3) of subsection (a), involvement with an intent to
facilitate successful completion of the activity.''.

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

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

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

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

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

PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERIALLY
DECEPTIVE AUDIO OR VISUAL MEDIA PRIOR TO
ELECTION.

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

``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY
DECEPTIVE MEDIA PRIOR TO ELECTION.

``(a) In General.--Except as provided in subsections (b)
and (c), a person, political committee, or other entity shall
not, within 60 days of an election for Federal office at
which a candidate for elective office will appear on the
ballot, distribute, with actual malice, materially deceptive
audio or visual media of the candidate with the intent to
injure the candidate's reputation or to deceive a voter into
voting for or against the candidate.
``(b) Exception.--
``(1) Required language.--The prohibition in subsection (a)
does not apply if the audio or visual media includes--
``(A) a disclosure stating: ``This _____ has been
manipulated.''; and
``(B) filled in the blank in the disclosure under
subparagraph (A), the term `image', `video', or `audio', as
most accurately describes the media.
``(2) Visual media.--For visual media, the text of the
disclosure shall appear in a size that is easily readable by
the average viewer and no smaller than the largest font size
of other text appearing in the visual media. If the visual
media does not include any other text, the disclosure shall
appear in a size that is easily readable by the average
viewer. For visual media that is video, the disclosure shall
appear for the duration of the video.
``(3) Audio-only media.--If the media consists of audio
only, the disclosure shall be read in a clearly spoken manner
and in a pitch that can be easily heard by the average
listener, at the beginning of the audio, at the end of the
audio, and, if the audio is greater than 2 minutes in length,
interspersed within the audio at intervals of not greater
than 2 minutes each.
``(c) Inapplicability to Certain Entities.--This section
does not apply to the following:
``(1) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, that broadcasts materially deceptive audio or
visual media prohibited by this section as part of a bona
fide newscast, news interview, news documentary, or on-the-
spot coverage of bona fide news events, if the broadcast
clearly acknowledges through content or a disclosure, in a
manner that can be easily heard or read by the average
listener or viewer, that there are questions about the
authenticity of the materially deceptive audio or visual
media.
``(2) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, when it is paid to broadcast materially deceptive
audio or visual media.
``(3) An internet website, or a regularly published
newspaper, magazine, or other periodical of general
circulation, including an internet or electronic publication,
that routinely carries news and commentary of general
interest, and that publishes materially deceptive audio or
visual media prohibited by this section, if the publication
clearly states that the materially deceptive audio or visual
media does not accurately represent the speech or conduct of
the candidate.
``(4) Materially deceptive audio or visual media that
constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--A candidate
for elective office whose voice or likeness appears in a
materially deceptive audio or visual media distributed in
violation of this section may seek injunctive or other
equitable relief prohibiting the distribution of audio or
visual media in violation of this section. An action under
this paragraph shall be entitled to precedence in accordance
with the Federal Rules of Civil Procedure.
``(2) Damages.--A candidate for elective office whose voice
or likeness appears in a materially deceptive audio or visual
media distributed in violation of this section may bring an
action for general or special damages against the person,
committee, or other entity that distributed the materially
deceptive audio or visual media. The court may also award a
prevailing party reasonable attorney's fees and costs. This
paragraph shall not be construed to limit or preclude a
plaintiff from securing or recovering any other available
remedy.
``(3) Burden of proof.--In any civil action alleging a
violation of this section, the plaintiff shall bear the
burden of establishing the violation through clear and
convincing evidence.
``(e) Rule of Construction.--This section shall not be
construed to alter or negate any rights, obligations, or
immunities of an interactive service provider under section
230 of title 47, United States Code.
``(f) Materially Deceptive Audio or Visual Media Defined.--
In this section, the term `materially deceptive audio or
visual media' means an image or an audio or video recording
of a candidate's appearance, speech, or conduct that has been
intentionally manipulated in a manner such that both of the
following conditions are met:
``(1) The image or audio or video recording would falsely
appear to a reasonable person to be authentic.
``(2) The image or audio or video recording would cause a
reasonable person to have a fundamentally different
understanding or impression of the expressive content of the
image or audio or video recording than that person would have
if the person were hearing or seeing the unaltered, original
version of the image or audio or video recording.''.
(b) Criminal Penalties.--Section 309(d)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as
amended by section 4004, is further amended by adding at the
end the following new subparagraph:
``(G) Any person who knowingly and willfully commits a
violation of section 325 shall be fined not more than
$100,000, imprisoned not more than 5 years, or both.''.
(c) Effect on Defamation Action.--For purposes of an action
for defamation, a violation of section 325 of the Federal
Election Campaign Act of 1971, as added by subsection (a),
shall constitute defamation per se.

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

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

Not later than 90 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct and submit to Congress an assessment of the
implications of the exemption provided under the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 611 et
seq.) for agents of foreign principals who are also
registered lobbyists under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.), and shall include in the
assessment an analysis of the extent to which revisions in
such Acts might mitigate the risk of foreign government money
influencing elections or political processes in the United
States.

[[Page H945]]

Subtitle F--Secret Money Transparency

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

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

SEC. 4502. REPEAL OF REGULATIONS.

The final regulations of the Department of the Treasury
relating to guidance under section 6033 of the Internal
Revenue Code of 1986 regarding the reporting requirements of
exempt organizations (published at 85 Fed. Reg. 31959 (May
28, 2020)) shall have no force and effect.

Subtitle G--Shareholder Right-to-Know

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

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

SEC. 4602. 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 subject to 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.
``(3) No assessment of preferences of foreign nationals.--
Notwithstanding paragraph (1), an issuer described in such
paragraph shall not use the procedures described in such
paragraph to assess the preferences of any shareholder who is
a foreign national, as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121).
``(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) 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 supports 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, 2021.

SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS.

(a) Assessment of Governance.--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) Assessment of Governance.--The Commission shall, on
an ongoing basis, collect information on the governance of
the separate segregated funds of corporations under this
section, using the most recent statements of organization
provided by such funds under section 303(a), including
information on the following:
``(1) The extent to which such funds have by-laws which
govern their operations.
``(2) The extent to which those funds which have by-laws
which govern their operations use a board of directors to
oversee the operation of the fund.
``(3) The characteristics of those individuals who serve on
boards of directors which oversee the operations of such
funds, including the relation of such individuals to the
corporation.''.
(b) Analysis of Donors.--
(1) Analysis.--The Federal Election Commission shall
conduct an analysis of the composition of the base of donors
to separate segregated funds of corporations under section
316 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30118).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall submit to
Congress a report on the analysis conducted under paragraph
(1), and shall initiate the promulgation of a regulation to
establish a new designation and classification of such
separate segregated funds.

Subtitle H--Disclosure of Political Spending by Government Contractors

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

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

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

SEC. 4801. SHORT TITLE.

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

SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS
TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES.

(a) Requirements for Inaugural Committees.--Title III of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.), as amended by section 4431, is amended by adding at
the end the following new section:

``SEC. 326. INAUGURAL COMMITTEES.

``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a donation from a
person that is not an individual; or
``(ii) to solicit, accept, or receive a donation from a
foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural Committee in the
name of another person, or to knowingly authorize his or her
name to be used to effect such a donation;
``(ii) to 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

[[Page H946]]

donation shall be considered to be converted to personal use
if any part of the donated amount is used to fulfill a
commitment, obligation, or expense of a person that would
exist irrespective of the responsibilities of the Inaugural
Committee under chapter 5 of title 36, United States Code.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall file with
the Commission a report disclosing any donation by an
individual to the committee in an amount of $1,000 or more
not later than 24 hours after the receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the individual making the
donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony,
the Inaugural Committee shall file with the Commission a
report containing the following information:
``(A) For each donation of money or anything of value made
to the committee in an aggregate amount equal to or greater
than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the individual making the
donation.
``(B) The total amount of all disbursements, and all
disbursements in the following categories:
``(i) Disbursements made to meet committee operating
expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an aggregate amount or
value in excess of $200 is made by the committee to meet a
committee operating expense, together with date, amount, and
purpose of such operating expense;
``(ii) who receives a loan repayment from the committee,
together with the date and amount of such loan repayment;
``(iii) who receives a donation refund or other offset to
donations from the committee, together with the date and
amount of such disbursement; and
``(iv) to whom any other disbursement in an aggregate
amount or value in excess of $200 is made by the committee,
together with the date and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan, advance, or deposit of
money or anything of value made by any person to the
committee; or
``(ii) the payment by any person of compensation for the
personal services of another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the value of
services provided without compensation by any individual who
volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given
that term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.''.
(b) Confirming Amendment Related to Reporting
Requirements.--Section 304 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--
Section 510 of title 36, United States Code, is amended to
read as follows:

``Sec. 510. Disclosure of and prohibition on certain
donations

``A committee shall not be considered to be the Inaugural
Committee for purposes of this chapter unless the committee
agrees to, and meets, the requirements of section 326 of the
Federal Election Campaign Act of 1971.''.
(d) Effective Date.--The amendments made by this Act shall
apply with respect to Inaugural Committees established under
chapter 5 of title 36, United States Code, for inaugurations
held in 2025 and any succeeding year.

Subtitle J--Miscellaneous Provisions

SEC. 4901. EFFECTIVE DATES OF PROVISIONS.

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

SEC. 4902. SEVERABILITY.

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. Assessments against fines and penalties.
``Sec. 3015. Special assessments for Freedom From Influence Fund.
``Sec. 9706. Special assessments for Freedom From Influence Fund.

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

``Sec. 6761. Special assessments for Freedom From Influence Fund.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.

Subtitle C--Presidential Elections

Sec. 5200. Short title.

Part 1--Primary Elections

Part 2--General Elections

[[Page H947]]

Sec. 5218. Use of Freedom From Influence Fund as source of payments.
``Sec. 9013. 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--Empowering Small Dollar Donations

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

Subtitle F--Severability

Sec. 5501. Severability.

Subtitle A--Findings Relating to Citizens United Decision

SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION.

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

Subtitle B--Congressional Elections

SEC. 5100. SHORT TITLE.

This subtitle may be cited as the ``Government By the
People Act of 2021''.

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

[[Page H948]]

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 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.

``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

[[Page H949]]

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 2021 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.
``(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

[[Page H950]]

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 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.

[[Page H951]]

``(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, in accordance with section 304(b)(3)(A), 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.
``(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 9706 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).
``(c) Use of Fund To Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--Amounts in the
Fund shall be available without further appropriation or
fiscal year limitation to make payments to participating
candidates as provided in this title.
``(2) Mandatory reduction of payments in case of
insufficient amounts in fund.--
``(A) Advance audits by commission.--Not later than 90 days
before the first day of each election cycle (beginning with
the first election cycle that begins after the date of the
enactment of this title), the Commission shall--
``(i) audit the Fund to determine whether the amounts in
the Fund will be sufficient to make payments to participating
candidates in the amounts provided in this title during such
election cycle; and
``(ii) submit a report to Congress describing the results
of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata basis.--If, on the
basis of the audit described in

[[Page H952]]

subparagraph (A), the Commission determines that the amount
anticipated to be available in the Fund with respect to the
election cycle involved is not, or may not be, sufficient to
satisfy the full entitlements of participating candidates to
payments under this title for such election cycle, the
Commission shall reduce each amount which would otherwise be
paid to a participating candidate under this title by such
pro rata amount as may be necessary to ensure that the
aggregate amount of payments anticipated to be made with
respect to the election cycle will not exceed the amount
anticipated to be available for such payments in the Fund
with respect to such election cycle.
``(ii) Restoration of reductions in case of availability of
sufficient funds during election cycle.--If, after reducing
the amounts paid to participating candidates with respect to
an election cycle under clause (i), the Commission determines
that there are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any portion
thereof), to the extent that such amounts are available, the
Commission may make a payment on a pro rata basis to each
such participating candidate with respect to the election
cycle in the amount by which such candidate's payments were
reduced under clause (i) (or any portion thereof, as the case
may be).
``(iii) No use of amounts from other sources.--In any case
in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
participating candidates under this title, moneys shall not
be made available from any other source for the purpose of
making such payments.
``(d) 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 2021,
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.
``(e) 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 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 Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under
subsection (a) against a candidate (with respect to either a
single election or multiple elections), the Commission may
refuse to certify the candidate as a participating candidate
under this title with respect to any subsequent election,
except that if each of the penalties were assessed as the
result of a knowing and willful violation of any provision of
this Act, the candidate is not eligible to be certified as a
participating candidate under this title with respect to any
subsequent election.
``(2) Candidates subject to criminal penalty.--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.
``(d) Imposition of Criminal Penalties.--For criminal
penalties for the failure of a participating candidate to
comply with the requirements of this title, see section
309(d).

``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 2026, 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 2026.
``(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

[[Page H953]]

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)(10); 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 4.75 percent of any fine
imposed on that defendant in the sentence imposed for that
conviction.
``(2) Settlements.--The court shall assess on any
organizational defendant or defendant who is a corporate
officer or person with equivalent authority in any other
organization who has entered into a settlement agreement or
consent decree with the United States in satisfaction of any
allegation that the defendant committed a criminal offense
under Federal law an amount equal to 4.75 percent of the
amount of the settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected in the manner in which
fines are collected in criminal cases.
``(c) Transfers.--In a manner consistent with section
3302(b) of title 31, there shall be transferred from the
General Fund of the Treasury to the Freedom From Influence
Fund under section 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. 9706. Special assessments for Freedom From Influence
Fund

``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount
equal to 4.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess
on each person, other than a natural person who is not a
corporate officer or person with equivalent authority in any
other organization, on whom such a penalty is imposed an
amount equal to 4.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to
enter into a settlement agreement or consent decree with any
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, in satisfaction of any allegation of an action
or omission by the person which would be subject to a civil
penalty or administrative penalty shall assess on such person
an amount equal to 4.75 percent of the amount of the
settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected--
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties
are collected by the entity of the Federal Government
involved;
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal
Government involved; and
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent
decrees entered into by the entity of the Federal Government
involved.
``(c) Transfers.--In a manner consistent with section
3302(b) of this title, there shall be transferred from the
General Fund of the Treasury to the Freedom From Influence
Fund under section 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:

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

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

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

``(a) In General.--Each person required to pay a covered
penalty shall pay an additional amount equal to 4.75 percent
of the amount of such penalty.
``(b) Covered Penalty.--For purposes of this section, the
term `covered penalty' means any addition to tax, additional
amount, penalty, or other liability provided under subchapter
A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the
taxable year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of this subsection, a
taxpayer is an exempt taxpayer for any taxable year if the
taxable income of such taxpayer for such taxable year does
not exceed the dollar amount at which begins the highest rate
bracket in effect under section 1 with respect to such
taxpayer for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional

[[Page H954]]

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. 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 discusses whether such
amounts are sufficient to meet the goals of the program.
(b) Update.--The Commission shall update and revise the
study and report required by subsection (a) on a biennial
basis.
(c) Termination.--The requirements of this section shall
terminate ten years after the date on which the first study
and report required by subsection (a) is submitted to
Congress.

SEC. 5116. EFFECTIVE DATE.

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

Subtitle C--Presidential Elections

SEC. 5200. SHORT TITLE.

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

PART 1--PRIMARY ELECTIONS

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

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

[[Page H955]]

(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) 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 2021, 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.
``(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

[[Page H956]]

the amount described in subparagraph (A) with respect to such
election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking
subsection (b).
(B) Conforming amendments.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``, (b)''; and
(ii) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal Revenue
Code of 1986 is amended by striking paragraph (2) and
redesignating paragraphs (3), (4), and (5) as paragraphs (2),
(3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section 9007(b)
of such Code, as redesignated by subparagraph (A), is
amended--
(i) by striking ``a major party'' and inserting ``a
party'';
(ii) by striking ``contributions (other than'' and
inserting ``contributions (other than qualified
contributions''; and
(iii) by striking ``(other than qualified campaign expenses
with respect to which payment is required under paragraph
(2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section 9012 of
the Internal Revenue Code of 1986 is amended by striking
subsection (a).
(B) Penalty for acceptance of disallowed contributions;
application of same penalty for candidates of major, minor,
and new parties.--Subsection (b) of section 9012 of such Code
is amended to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a
Presidential election or any of his authorized committees
knowingly and willfully to accept--
``(A) any contribution other than a qualified campaign
contribution to defray qualified campaign expenses, except to
the extent necessary to make up any deficiency in payments
received out of the fund on account of the application of
section 9006(c); or
``(B) any contribution to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of
section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than
one year, or both. In the case of a violation by an
authorized committee, any officer or member of such committee
who knowingly and willfully consents to such violation shall
be fined not more than $5,000, or imprisoned not more than
one year, or both.''.

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

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

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

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

SEC. 5215. 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:

[[Page H957]]

``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 2021 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 percent of the American
population. Yet even with a record number of women serving in
the One Hundred Sixteenth Congress, the Pew Research Center
notes that more than three out of four Members of this
Congress are male. The Center for American Women And Politics
found that one third of women legislators surveyed had been
actively discouraged from running for office, often by
political professionals. This type of discouragement,
combined with the prohibitions on using campaign funds for
domestic needs like childcare, burdens that still fall
disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived
experience of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as
prospective public servants. In fact, helping ordinary
Americans to run may create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure
that all Americans who are otherwise qualified to serve this
Nation are able to run for office, regardless of their
economic status. By expanding permissible uses of campaign
funds and providing modest assurance that testing a run for
office will not cost one's livelihood, the Help America Run
Act will facilitate the candidacy of representatives who more
accurately reflect the experiences, challenges, and ideals of
everyday Americans.

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

(a) Personal Use Services as Authorized Campaign
Expenditure.--Section 313 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30114), 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 (D) of
such paragraph.
``(C) Exclusion of candidates who are officeholders.--
Paragraph (1) does not apply with respect to an authorized
committee of a candidate who is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided on
behalf of any dependent who is a qualifying relative under
section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

Subtitle E--Empowering Small Dollar Donations

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

(a) Increase in Limit on Contributions to Candidates.--
Section 315(a)(2)(A) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking
``exceed $5,000'' and inserting ``exceed $5,000 or, in the

[[Page H958]]

case of a contribution made by a national committee of a
political party from an account described in paragraph (11),
exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--
Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is
amended by striking ``subsection (a)(9)'' and inserting
``subsection (a)(9) or subsection (a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52
U.S.C. 30116(a)), as amended by section 5112(a), is amended
by adding at the end the following new paragraph:
``(11) An account described in this paragraph is a
separate, segregated account of a national committee of a
political party (including a national congressional campaign
committee of a political party) consisting exclusively of
contributions made during a calendar year by individuals
whose aggregate contributions to the committee during the
year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act.

Subtitle F--Severability

SEC. 5501. SEVERABILITY.

TITLE VI--CAMPAIGN FINANCE OVERSIGHT

Subtitle A--Restoring Integrity to America's Elections

Subtitle B--Stopping Super PAC-Candidate Coordination

Subtitle C--Disposal of Contributions or Donations

Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.

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

Sec. 6301. Recommendations to ensure filing of reports before date of
election.

Subtitle E--Severability

Sec. 6401. Severability.

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 be
treated as affiliated with a political party if the member
was affiliated, including as a registered voter, employee,
consultant, donor, officer, or attorney, with such political
party or any of its candidates or elected public officials at
any time during the 5-year period ending on the date on which
such individual is nominated to be a member of the
Commission. A majority of the number of members of the
Commission who are serving at the time shall constitute a
quorum.''.
(2) Conforming amendments relating to reduction in number
of members.--(A) Section 306(c) of such Act (52 U.S.C.
30106(c)) is amended by striking the period at the end of the
first sentence and all that follows and inserting the
following: ``, except that an affirmative vote of a majority
of the members of the Commission who are serving at the time
shall be required in order for the Commission to take any
action in accordance with paragraph (6), (7), (8), or (9) of
section 307(a) or with chapter 95 or chapter 96 of the
Internal Revenue Code of 1986. A member of the Commission may
not delegate to any person his or her vote or any
decisionmaking authority or duty vested in the Commission by
the provisions of this Act''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 of its members'' and inserting ``affirmative vote
of a majority of the members of the Commission who are
serving at the time'' 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.--
``(i) In general.--Prior to the regularly scheduled
expiration of the term of a member of the Commission and upon
the occurrence of a vacancy in the membership of the
Commission prior to the expiration of a term, the President
shall convene a Blue Ribbon Advisory Panel that includes
individuals representing each major political party and
individuals who are independent of a political party and that
consists of an odd number of individuals selected by the
President from retired Federal judges, former law enforcement
officials, or individuals with experience in election law,
except that the President may not select any individual to
serve on the panel who holds any public office at the time of
selection. The President shall also make reasonable efforts
to encourage racial, ethnic, and gender diversity on the
panel.
``(ii) Recommendations.--With respect to each member of the
Commission whose term is expiring or each vacancy in the
membership of the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the President at
least one but not more than 3 individuals for nomination for
appointment as a member of the Commission.
``(iii) Publication.--At the time the President submits to
the Senate the nominations for individuals to be appointed as
members of the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations for such
nominations.
``(iv) Exemption from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply
to a Blue Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission shall
not engage in any other business, vocation, or employment.
Any individual who is engaging in any other business,
vocation, or employment at the time of his or her appointment
to the Commission shall terminate or liquidate such activity
no later than 90 days after such appointment.''.

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

(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to
read as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first appointed
to serve terms that begin in January 2022, one such member
(as designated by the President at the time the President
submits nominations to the Senate) shall serve as Chair of
the Commission.
``(B) Subsequent appointments.--Any individual who is
appointed to succeed the member

[[Page H959]]

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 of discovery pursuant to
the investigation. Upon the expiration of the 15-day period
which begins on the date the general counsel provides such
notification, the general counsel may issue the subpoena or
conduct the discovery, unless during such 15-day period the
Commission, by vote of a majority of the members of the
Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the
discovery.
``(3)(A) Upon completion of an investigation under
paragraph (2), the general counsel shall promptly submit to
the Commission the general counsel's recommendation that the
Commission find either that there is probable cause or that
there is not probable cause to believe that a person has
committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of the Internal Revenue Code of
1986, and shall include with the recommendation a brief
stating the position of the general counsel on the legal and
factual issues of the case.
``(B) At the time the general counsel submits to the
Commission the recommendation under subparagraph (A), the
general counsel shall simultaneously notify the respondent of
such recommendation and the reasons therefore, shall provide
the respondent with an opportunity to submit a brief within
30 days stating the position of the respondent on the legal
and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly
submit such brief to the Commission upon receipt.
``(C) Not later than 30 days after the general counsel
submits the recommendation to the Commission under
subparagraph (A) (or, if the respondent submits a brief under
subparagraph (B), not later than 30 days after the general
counsel submits the respondent's brief to the Commission
under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the
members of the Commission who are serving at the time.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52
U.S.C. 30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the Commission''
and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as follows:
``Not later than 15 days after receiving notice from the
general counsel under the previous sentence, the person may
provide the general counsel with a written response that no
action should be taken against such person on the basis of
the complaint.''.
(b) Revision of Standard for Review of Dismissal of
Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the
Commission dismissing a complaint filed by such party may
file a petition with the United States District Court for the
District of Columbia. Any petition under this subparagraph
shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
dismissal of the complaint is contrary to law. In any matter
in which the penalty for the alleged violation is greater
than $50,000, the court should disregard

[[Page H960]]

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)) is amended by striking ``, and that end on
or before December 31, 2023''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2021.

SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

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

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

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

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

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

SEC. 6010. EFFECTIVE DATE; TRANSITION.

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

Subtitle B--Stopping Super PAC-Candidate Coordination

SEC. 6101. SHORT TITLE.

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

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

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

``SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES.

``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is made in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate, an authorized committee of a
candidate, a political committee of a political party, or
agents of the candidate or committee, as defined in
subsection (b); or
``(B) any payment for any communication which republishes,
disseminates, or distributes, in whole or in part, any video
or broadcast or any written, graphic, or other form of
campaign material prepared by the candidate or committee or
by agents of the candidate or committee (including any
excerpt or use of any video from any such broadcast or
written, graphic, or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered
communication described in subsection (d)) shall not be
treated as a coordinated expenditure under this subsection
if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or
controlled by any political party, political committee, or
candidate; or
``(B) the communication constitutes a candidate debate or
forum conducted pursuant to regulations adopted by the
Commission pursuant to section 304(f)(3)(B)(iii), or which
solely promotes such a debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a
political party, or agents of the candidate or committee, if
the payment, or any communication for which the payment is
made, is not made entirely independently of the candidate,
committee, or agents. For purposes of the previous sentence,
a payment or communication not made entirely independently of
the candidate or committee includes any payment or
communication made pursuant to any general or particular
understanding with, or pursuant to any communication with,
the candidate, committee, or agents about the payment or
communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered
to be made by a person in cooperation, consultation, or
concert with, or at the request or suggestion of, a candidate
or committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any
agent of the candidate or committee, regarding the
candidate's or committee's campaign advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, or other campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination
of coordination between a candidate and a political committee
of a political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or
suggestion of, a candidate or committee, in accordance with
this section without regard to whether or not the person
established and used a firewall or similar procedures to
restrict the sharing of information between individuals who
are employed by or who are serving as agents for the person
making the payment.

[[Page H961]]

``(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.

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

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

Subtitle C--Disposal of Contributions or Donations

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

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

[[Page H962]]

``(ii) Making contributions to an organization described in
section 170(c) of the Internal Revenue Code of 1986.
``(iii) Making transfers to a national, State, or local
committee of a political party.''.

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

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

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

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

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

Subtitle E--Severability

SEC. 6401. SEVERABILITY.

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

Subtitle C--Lobbying Disclosure Reform

Subtitle D--Recusal of Presidential Appointees

Sec. 7301. Recusal of appointees.

Subtitle E--Clearinghouse on Lobbying Information

Sec. 7401. Establishment of clearinghouse.

Subtitle F--Severability

Sec. 7501. 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 2021 and each succeeding fiscal year.''.

SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.

(a) Establishing Authority.--Section 8 of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 618)
is amended by inserting after subsection (c) the following
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--

[[Page H963]]

(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 the Lobbying
Disclosure Act of 1995 (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''.
(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) Reduction of Percentage Exemption for Determination of
Threshold of Lobbying Contacts Required for Individuals To
Register as Lobbyists.--Section 3(10) of such Act (2 U.S.C.
1602(10)) is amended by striking ``less than 20 percent'' and
inserting ``less than 10 percent''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to lobbying contacts made on or
after the date of the enactment of this Act.

SEC. 7202. 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.

SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS
LOBBYISTS UPON MAKING ANY LOBBYING CONTACTS.

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

Subtitle D--Recusal of Presidential Appointees

SEC. 7301. RECUSAL OF APPOINTEES.

Section 208 of title 18, United States Code, is amended by
adding at the end the following:
``(e)(1) Any officer or employee appointed by the President
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--Clearinghouse on Lobbying Information

SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE.

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

Subtitle F--Severability

SEC. 7501. 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.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government officers and
employees.

Subtitle B--Presidential Conflicts of Interest

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

[[Page H964]]

Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.

Subtitle E--Conflicts From Political Fundraising

Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.

Subtitle F--Transition Team Ethics

Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.

Subtitle G--Ethics Pledge For Senior Executive Branch Employees

Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.

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

Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.

Subtitle I--Severability

Sec. 8081. Severability.

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 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 more
than 48 hours after the waiver is granted; and
``(B) publish the waiver on the website of the applicable
agency not more than 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 more 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 more 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 to Relatives.--Section 2103(a) of title 41,
United States Code, is amended in the matter preceding
paragraph (1) by inserting after ``that official'' the
following: ``, or for a relative (as defined in section 3110
of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of division B of subtitle I of
title 41, United States Code, is

[[Page H965]]

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

SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES.

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

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

(a) Limitation on Federal Funds.--Beginning in fiscal year
2022 and in each fiscal year thereafter, no Federal funds may
be obligated or expended for purposes of procuring goods or
services at any business owned or controlled by a covered
individual or any family member of such an individual, unless
such obligation or expenditure of funds is authorized under
the Presidential Protection Assistance Act of 1976 (Public
Law 94-524).
(b) Prohibition on Contracts.--No Executive agency may
enter into or hold a contract with a business owned or
controlled by a covered individual or any family member of
such an individual.
(c) Determination of Ownership.--For purposes of this
section, a business shall be deemed to be owned or controlled
by a covered individual or any family member of such an
individual if the covered individual or member of family (as
the case may be)--
(1) is a member of the board of directors or similar
governing body of the business;
(2) directly or indirectly owns or controls more than 50
percent of the voting shares of the business; or
(3) is the beneficiary of a trust which owns or controls
more than 50 percent of the business and can direct
distributions under the terms of the trust.
(d) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) the President;
(B) the Vice President;
(C) the head of any Executive department (as that term is
defined in section 101 of title 5, United States Code); and
(D) any individual occupying a position designated by the
President as a Cabinet-level position.
(2) Family member.--The term ``family member'' means an
individual with any of the following relationships to a
covered individual:
(A) Spouse, and parents thereof.
(B) Sons and daughters, and spouses thereof.
(C) Parents, and spouses thereof.
(D) Brothers and sisters, and spouses thereof.
(E) Grandparents and grandchildren, and spouses thereof.
(F) Domestic partner and parents thereof, including
domestic partners of any individual in subparagraphs (A)
through (E).
(3) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.

Subtitle B--Presidential Conflicts of Interest

SEC. 8011. SHORT TITLE.

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

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

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

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

``Sec. 701. Divestiture of financial interests posing a
conflict of interest

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

SEC. 8013. INITIAL FINANCIAL DISCLOSURE.

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

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

(a) Amendment.--Section 431 of title 18, United States
Code, is amended--
(1) in the section heading, by inserting ``the President,
Vice President, Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, Vice President, or any Cabinet member'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:

``431. Contracts by the President, Vice President, or a Member of
Congress.''.

SEC. 8015. LEGAL DEFENSE FUNDS.

(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Government Ethics;
(2) the term ``legal defense fund'' means a trust--
(A) that has only one beneficiary;
(B) that is subject to a trust agreement creating an
enforceable fiduciary duty on the part of the trustee to the
beneficiary, pursuant to the applicable law of the
jurisdiction in which the trust is established;
(C) that is subject to a trust agreement that provides for
the mandatory public disclosure of all donations and
disbursements;
(D) that is subject to a trust agreement that prohibits the
use of its resources for any purpose other than--
(i) the administration of the trust;
(ii) the payment or reimbursement of legal fees or expenses
incurred in investigative, civil, criminal, or other legal
proceedings relating to or arising by virtue of service by
the trust's beneficiary as an officer or employee, as defined
in this section, or as an employee, contractor, consultant or
volunteer of the campaign of the President or Vice President;
or
(iii) the distribution of unused resources to a charity
selected by the trustee that has not been selected or
recommended by the beneficiary of the trust;
(E) that is subject to a trust agreement that prohibits the
use of its resources for any other purpose or personal legal
matters, including tax planning, personal injury litigation,
protection of property rights, divorces, or estate probate;
and
(F) that is subject to a trust agreement that prohibits the
acceptance of donations, except in

[[Page H966]]

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; or
(I) from any organization a majority of whose members are
described in (A)-(H); and
(2) require that a legal defense fund, in order to be
certified by the Director, only permit distributions to the
applicable officer or employee.
(d) Written Notice.--
(1) In general.--An officer or employee who wishes to
accept funds or have a representative accept funds from a
legal defense fund shall first ensure that the proposed
trustee of the legal defense fund submits to the Director the
following information:
(A) The name and contact information for any proposed
trustee of the legal defense fund.
(B) A copy of any proposed trust document for the legal
defense fund.
(C) The nature of the legal proceeding (or proceedings),
investigation or other matter which 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
(D) the Director's written certification of the legal
defense fund.
(f) Recusal.--An officer or employee, other than the
President and the Vice President, who is the beneficiary of a
legal defense fund may not participate personally and
substantially in any particular matter in which the officer
or employee knows a donor of any source of a gift or donation
to the legal defense fund established for the officer or
employee has a financial interest, for a period of two years
from the date of the most recent gift or donation to the
legal defense fund.

Subtitle C--White House Ethics Transparency

SEC. 8021. SHORT TITLE.

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

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

(a) 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 any
Executive order related to ethics commitments or compliance
by covered employees, 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) 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.
(c) 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 2021''.

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

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

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

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

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

(a) In General.--Section 402(a) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended by striking ``, in
consultation with the Office of Personnel Management,''.
(b) Responsibilities of the Director.--Section 402(b) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1)--
(A) by striking ``developing, in consultation with the
Attorney General and the Office of Personnel Management,
rules and regulations to be promulgated by the President or
the Director'' and inserting ``developing and promulgating
rules and regulations''; and
(B) by striking ``title II'' and inserting ``title I'';
(2) by striking paragraph (2) and inserting the following:
``(2) providing mandatory education and training programs
for designated agency ethics officials, which may be
delegated to each agency or the White House Counsel as 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''; and
(C) by striking ``conflict of interest and ethical
problems'' and inserting ``conflict of interest and ethics
issues'';
(9) in paragraph (13)--
(A) by striking ``with the Attorney General'' and inserting
``with the Inspectors General and the Attorney General'';
(B) by striking ``violations of the conflict of interest
laws'' and inserting ``conflict of interest issues and
allegations of violations of ethics laws and regulations and
this Act''; and
(C) by striking ``, as required by section 535 of title 28,
United States Code'';
(10) in paragraph (14), by striking ``and'' at the end;

[[Page H967]]

(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 before the period at
the end ``and determine that a violation of this Act has
occurred and issue appropriate administrative or legal
remedies as prescribed in paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii)--

(I) in subclause (I)--

(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 officer or employee
involved is the agency head, the notification shall instead
be submitted to the President; and''; and

(iii) by striking clause (iv);
(B) in subparagraph (B)(i)--
(i) by striking ``subparagraph (A)(iii) or (iv)'' and
inserting ``subparagraph (A)'';
(ii) by inserting ``(I)'' before ``In order to''; and
(iii) by adding at the end the following:

``(II)(aa) The Director may secure directly from any agency
information necessary to enable the Director to carry out
this Act. Upon request of the Director, the head of such
agency shall furnish that information to the Director.

``(bb) The Director may require by subpoena the production
of all information, documents, reports, answers, records,
accounts, papers, and other data in any medium and
documentary evidence necessary in the performance of the
functions assigned by this Act, which subpoena, in the case
of refusal to obey, shall be enforceable by order of any
appropriate United States district court.'';
(C) in subparagraph (B)(ii)(I)--
(i) by striking ``Subject to clause (iv) of this
subparagraph, before'' and inserting ``Before''; and
(ii) by striking ``subparagraphs (A) (iii) or (iv)'' and
inserting ``subparagraph (A)(iii)'';
(D) in subparagraph (B)(iii), by striking ``Subject to
clause (iv) of this subparagraph, before'' and inserting
``Before''; and
(E) in subparagraph (B)(iv)--
(i) by striking ``title 2'' and inserting ``title I''; and
(ii) by striking ``section 206'' and inserting ``section
106''; and
(3) in paragraph (4), by striking ``(iv),''.
(e) Definitions.--Section 402 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended by adding at the end
the following:
``(g) For purposes of this title--
``(1) the term `agency' shall include the Executive Office
of the President; and
``(2) the term `officer or employee' shall include any
individual occupying a position, providing any official
services, or acting in an advisory capacity, in the White
House or the Executive Office of the President.
``(h) In this title, a reference to the head of an agency
shall include the President or the President's designee.
``(i) The Director shall not be required to obtain the
prior approval, comment, or review of any officer or agency
of the United States, including the Office of Management and
Budget, before submitting to Congress, or any committee or
subcommittee thereof, any information, reports,
recommendations, testimony, or comments, if such submissions
include a statement indicating that the views expressed
therein are those of the Director and do not necessarily
represent the views of the President.''.

SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.

(a) In General.--Section 403 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a), by adding a period at the end of the
matter following paragraph (2); and
(2) by adding at the end the following:
``(c)(1) All designated agency ethics officials and
alternate designated agency ethics officials shall register
with the Director as well as with the appointing authority of
the official.
``(2) The Director shall provide ethics education and
training to all designated and alternate designated agency
ethics officials in a time and manner 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.

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

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

SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL.

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

[[Page H968]]

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

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

Subtitle E--Conflicts From Political Fundraising

SEC. 8041. SHORT TITLE.

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

SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.

(a) Definitions.--Section 109 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraphs (2) through (19) as
paragraphs (5) through (22), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) `covered contribution' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of
value--
``(A)(i) that--
``(I) is--

``(aa) made by or on behalf of a covered individual; or
``(bb) solicited in writing by or at the request of a
covered individual; and

``(II) is made--

``(aa) to a political organization, as defined in section
527 of the Internal Revenue Code of 1986; or
``(bb) to an organization--

``(AA) that is described in paragraph (4) or (6) of section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; and
``(BB) that promotes or opposes changes in Federal laws or
regulations that are (or would be) administered by the agency
in which the covered individual has been nominated for
appointment to a covered position or is serving in a covered
position; or
``(ii) that is--
``(I) solicited in writing by or on behalf of a covered
individual; and
``(II) made--

``(aa) by an individual or entity the activities of which
are subject to Federal laws or regulations that are (or would
be) administered by the agency in which the covered
individual has been nominated for appointment to a covered
position or is serving in a covered position; and
``(bb) to--

``(AA) a political organization, as defined in section 527
of the Internal Revenue Code of 1986; or
``(BB) an organization that is described in paragraph (4)
or (6) of section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code; and
``(B) that is made to an organization described in item
(aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of
subparagraph (A) for which the total amount of such payments,
advances, forbearances, renderings, or deposits of money, or
any thing of value, during the calendar year in which it is
made is not less than the contribution limitation in effect
under section 315(a)(1)(A) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections
occurring during such calendar year;
``(3) `covered individual' means an individual who has been
nominated or appointed to a covered position; and
``(4) `covered position'--
``(A) means--
``(i) a position described under sections 5312 through 5316
of title 5, United States Code;
``(ii) a position placed in level IV or V of the Executive
Schedule under section 5317 of title 5, United States Code;
``(iii) a position as a limited term appointee, limited
emergency appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5), (6), and
(7), respectively, of section 3132(a) of title 5, United
States Code; and
``(iv) a position in the executive branch of the Government
of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations; and
``(B) does not include a position if the individual serving
in the position has been excluded from the application of
section 101(f)(5);''.
(b) Disclosure Requirements.--The Ethics in Government Act
of 1978 (5 U.S.C. App.) is amended--
(1) in section 101--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Within'';
(ii) by striking ``unless'' and inserting ``and, if the
individual is assuming a covered position, the information
described in section 102(j), except that, subject to
paragraph (2), the individual shall not be required to file a
report if''; and
(iii) by adding at the end the following:
``(2) If an individual has left a position described in
subsection (f) that is not a covered position and, within 30
days, assumes a position that is a covered position, the
individual shall, within 30 days of assuming the covered
position, file a report containing the information described
in section 102(j)(2)(A).'';
(B) in subsection (b)(1), in the first sentence, by
inserting ``and the information required by section 102(j)''
after ``described in section 102(b)'';
(C) in subsection (d), by inserting ``and, if the
individual is serving in a covered position, the information
required by section 102(j)(2)(A)'' after ``described in
section 102(a)''; and
(D) in subsection (e), by inserting ``and, if the
individual was serving in a covered position, the information
required by section 102(j)(2)(A)'' after ``described in
section 102(a)''; and
(2) in section 102--
(A) in subsection (g), by striking ``Political campaign
funds'' and inserting ``Except as provided in subsection (j),
political campaign funds''; and
(B) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to a report filed pursuant to subsection
(a) or (b) of section 101, the year of filing and the 4
calendar years preceding the year of the filing; and
``(ii) with respect to a report filed pursuant to
subsection (d) or (e) of section 101, the preceding calendar
year; and
``(B) the term `covered gift' means a gift that--
``(i) is made to a covered individual, the spouse of a
covered individual, or the dependent child of a covered
individual;
``(ii) is made by an entity described in item (aa) or (bb)
of section 109(2)(A)(i)(II); and
``(iii) would have been required to be reported under
subsection (a)(2) if the covered individual had been required
to file a report under section 101(d) with respect to the
calendar year during which the gift was made.
``(2)(A) A report filed pursuant to subsection (a), (b),
(d), or (e) of section 101 by a covered individual shall
include, for each covered contribution during the applicable
period--
``(i) the date on which the covered contribution was made;
``(ii) if applicable, the date or dates on which the
covered contribution was solicited;
``(iii) the value of the covered contribution;
``(iv) the name of the person making the covered
contribution; and
``(v) the name of the person receiving the covered
contribution.
``(B)(i) Subject to clause (ii), a covered contribution
made by or on behalf of, or that was solicited in writing by
or on behalf of, a covered individual shall constitute a
conflict of interest, or an appearance thereof, with respect
to the official duties of the covered individual.
``(ii) The Director of the Office of Government Ethics may
exempt a covered contribution from the application of clause
(i) if the Director determines the circumstances of the
solicitation and making of the covered contribution do not
present a risk of a conflict of interest and the exemption of
the covered contribution would not affect adversely the
integrity of the Government or the public's confidence in the
integrity of the Government.
``(3) A report filed pursuant to subsection (a) or (b) of
section 101 by a covered individual shall include the
information described in subsection (a)(2) with respect to
each covered gift received during the applicable period.''.
(c) Provision of Reports and Ethics Agreements to
Congress.--Section 105 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(e) Not later than 30 days after receiving a written
request from the Chairman or Ranking Member of a committee or
subcommittee of either House of Congress, the Director of the
Office of Government Ethics shall provide to the Chairman and
Ranking Member each report filed under this title by the
covered individual and any ethics agreement entered into
between the agency and the covered individual.''.
(d) Rules on Ethics Agreements.--The Director of the Office
of Government Ethics shall promptly issue rules regarding how
an agency in the executive branch shall address information
required to be disclosed under the amendments made by this
subtitle in drafting ethics agreements between the agency and
individuals appointed to positions in the agency.
(e) Technical and Conforming Amendments.--
(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(A) in section 101(f)--
(i) in paragraph (9), by striking ``section 109(12)'' and
inserting ``section 109(15)'';
(ii) in paragraph (10), by striking ``section 109(13)'' and
inserting ``section 109(16)'';
(iii) in paragraph (11), by striking ``section 109(10)''
and inserting ``section 109(13)''; and
(iv) in paragraph (12), by striking ``section 109(8)'' and
inserting ``section 109(11)'';
(B) in section 103(l)--
(i) in paragraph (9), by striking ``section 109(12)'' and
inserting ``section 109(15)''; and
(ii) in paragraph (10), by striking ``section 109(13)'' and
inserting ``section 109(16)''; and
(C) in section 105(b)(3)(A), by striking ``section 109(8)
or 109(10)'' and inserting ``section 109(11) or 109(13)''.
(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13)'' and inserting ``section 109(16)''.
(3) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking ``section
109(11) of the Ethics in Government Act of 1978 (5 U.S.C.
App. 109(11)))'' and inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.))''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``section 109(8) of
the Ethics in Government Act of 1978 (5

[[Page H969]]

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.

Section 6(b)(1) of the Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) 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;
``(D) 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
``(E) 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).''.

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--
``(1) provide a copy of the waiver to the Director not more
than 48 hours after the waiver is granted; and
``(2) publish the waiver on the website of the applicable
agency not later than 30 calendar days after granting such
waiver.
``(e) Upon receiving a written waiver under subsection (d),
the Director shall--
``(1) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(2) if the Director so objects--
``(A) provide reasons for the objection in writing to the
head of the agency who granted the waiver not more than 15
calendar days after the waiver was granted; and
``(B) publish the written objection on the website of the
Office of Government Ethics not

[[Page H970]]

more than 30 calendar days after the waiver was granted.

``SEC. 204. ADMINISTRATION.

``(a) The head of each executive agency shall, in
consultation with the Director of the Office of Government
Ethics, establish such rules or procedures (conforming as
nearly as practicable to the agency's general ethics rules
and procedures, including those relating to designated agency
ethics officers) as are necessary or appropriate to ensure--
``(1) that every appointee in the agency signs the pledge
upon assuming the appointed office or otherwise becoming an
appointee;
``(2) that compliance with paragraph (2)(B) of the pledge
is addressed in a written ethics agreement with each
appointee to whom it applies;
``(3) that spousal employment issues and other conflicts
not expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
``(4) compliance with this title within the agency.
``(b) With respect to the Executive Office of the
President, the duties set forth in subsection (a) shall be
the responsibility of the Counsel to the President.
``(c) The Director of the Office of Government Ethics
shall--
``(1) ensure that the pledge and a copy of this title are
made available for use by agencies in fulfilling their duties
under subsection (a);
``(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officers in providing advice to current or
former appointees regarding the application of the pledge;
``(3) adopt such rules or procedures as are necessary or
appropriate--
``(A) to carry out the responsibilities assigned by this
subsection;
``(B) to apply the lobbyist gift ban set forth in paragraph
1 of the pledge to all executive branch employees;
``(C) to authorize limited exceptions to the lobbyist gift
ban for circumstances that do not implicate the purposes of
the ban;
``(D) to make clear that no person shall have violated the
lobbyist gift ban if the person properly disposes of a gift;
``(E) to ensure that existing rules and procedures for
Government employees engaged in negotiations for future
employment with private businesses that are affected by their
official actions do not affect the integrity of the
Government's programs and operations; and
``(F) to ensure, in consultation with the Director of the
Office of Personnel Management, that the requirement set
forth in paragraph (4) of the pledge is honored by every
employee of the executive branch;
``(4) in consultation with the Director of the Office of
Management and Budget, report to the President, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs
of the Senate on whether full compliance is being achieved
with existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive
branch can take to expand to the fullest extent practicable
disclosure of such executive branch procurement lobbying and
of lobbying for presidential pardons, and to include in the
report both immediate action the executive branch can take
and, if necessary, recommendations for legislation; and
``(5) provide an annual public report on the administration
of the pledge and this title.
``(d) All pledges signed by appointees, and all waiver
certifications with respect thereto, shall be filed with the
head of the appointee's agency for permanent retention in the
appointee's official personnel folder or equivalent
folder.''.

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

SEC. 8071. SHORT TITLE.

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

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

(a) In General.--Beginning on the date of enactment of this
subtitle, no Federal funds appropriated or otherwise made
available in any fiscal year may be used to pay the travel
expenses of any senior political appointee for travel on
official business on a non-commercial, private, or chartered
flight.
(b) Exceptions.--The limitation in subsection (a) shall not
apply--
(1) if no commercial flight 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.

Subtitle I--Severability

SEC. 8081. SEVERABILITY.

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

TITLE IX--CONGRESSIONAL ETHICS REFORM

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

Subtitle B--Conflicts of Interests

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

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

Sec. 9401. Reports on outside compensation earned by congressional
employees.

Subtitle F--Severability

Sec. 9501. Severability.

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

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

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

Subtitle B--Conflicts of Interests

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

Rule XXIII of the Rules of the House of Representatives is
amended--
(1) by redesignating clause 22 as clause 23; and
(2) by inserting after clause 21 the following new clause:
``22. 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

[[Page H971]]

as part of the rules of each House, respectively, or of that
House to which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.

Subtitle C--Campaign Finance and Lobbying Disclosure

SEC. 9201. SHORT TITLE.

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

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

(a) Reports Filed by Political Committees.--Section 304(b)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if any person identified in subparagraph (A), (E),
(F), or (G) of paragraph (3) is a registered lobbyist under
the Lobbying Disclosure Act of 1995, 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 4002 and section
4208(a), is amended by adding at the end the following new
subsection:
``(l) 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
9303(a).

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

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

SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.

(a) Submission of Electronic Copies of Reports.--
Concurrently with the submission to Congress of each
congressionally mandated report, the head of the Federal
agency submitting the congressionally mandated report shall
submit to the Director the information required under
subparagraphs (A) through (D) of section 9303(b)(1) with
respect to the congressionally mandated report. Nothing in
this subtitle shall relieve a Federal agency of any other
requirement to publish the congressionally mandated report on
the online portal of the Federal agency or otherwise submit
the congressionally mandated report to Congress or specific
committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Director,
shall issue guidance to agencies on the implementation of
this subtitle.
(c) Structure of Submitted Report Data.--The head of each
Federal agency shall ensure that each congressionally
mandated report submitted to the Director complies with the

[[Page H972]]

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), and (v) of section 9303(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.

SEC. 9305. REMOVING AND ALTERING REPORTS.

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

SEC. 9306. 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
subtitle 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--Reports on Outside Compensation Earned by Congressional
Employees

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

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

Subtitle F--Severability

SEC. 9501. SEVERABILITY.

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 2021, not later than the date that
is 15 days after the date of such request, the Secretary
shall provide copies of any return which is so requested to
officers and employees of the Federal Election Commission
whose official duties include disclosure or redaction of such
return under this paragraph.
``(B) Disclosure to the public.--
``(i) In general.--The chairman of the Federal Election
Commission shall make publicly available any return which is
provided under subparagraph (A).
``(ii) Redaction of certain information.--Before making
publicly available under clause (i) any return, the chairman
of the Federal Election Commission shall redact such
information as the Federal Election Commission and the
Secretary jointly determine is necessary for protecting
against identity theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of 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 SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on House Administration or their respective
designees.
The gentlewoman from California (Ms. Lofgren) and the gentleman from
Illinois (Mr. Rodney Davis) each will control 30 minutes.
The Chair now recognizes the gentlewoman from California (Ms.
Lofgren).

[[Page H973]]

General Leave

Ms. LOFGREN. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on H.R. 1 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. LOFGREN. I yield myself such time as I may consume.
Madam Speaker, I rise today in strong support of H.R. 1, the For the
People Act of 2021. Today, we can deliver this to the American people.
We can deliver the gold standard of reforms to protect the right of
Americans to vote. We can take a huge step to fulfill that promise in
our Constitution of a more perfect Union.
More voters cast a ballot in the 2020 election than in history, in an
election that has been called the most secure in American history by
election security experts.
The last election, conducted during a once-in-a-generation pandemic,
saw changes that made it easier for many Americans to vote, with
reforms like absentee voting and early voting. It also put into stark
focus what many of us already knew: deep inequities persist in our
democratic system.
Now comes the backlash to the increase in voter participation. That
record turnout, with no credible instances of election irregularity,
stimulated hundreds of bills in State legislatures to make it harder
for Americans to vote in the future.
We should protect access to the ballot, not restrict it. H.R. 1 gives
voters choices for how to cast their ballot. They want and need that.
The bill has a minimum of 15 days of early voting, minimum standards
for the number and location of ballot drop boxes, and a national
standard for no-excuse absentee voting. It improves access for voters
with disabilities, addresses challenges faced by Native American voters
living on Tribal lands, and improves access for uniformed and overseas
voters.
H.R. 1 ends the practice of disenfranchising Americans with a prior
felony conviction who are no longer incarcerated. It unrigs the drawing
of congressional district lines by requiring independent redistricting
commissions, removing politics from the process and creating fairer
maps.
H.R. 1 begins to remove the advantages of dark money and secret
donors and lets our neighbors and communities regain their voice to
fully participate in our political system.
H.R. 1 will amplify the voices of small donors with an alternative,
voluntary matching system for financing campaigns by empowering small-
dollar contributors, without any taxpayer funds.
The bill will save money and bolster the integrity of election
administration. It makes improvements to our election security and
requires States to use individual, durable, voter-verified paper
ballots, a simple safeguard from cybersecurity threats that ensures an
auditable paper trail.
H.R. 1 will also strengthen congressional and executive branch
ethical standards.
Democracy is resilient, but the falsehoods spread in the lead-up to
and following the 2020 election, as well as the shocking events right
here on January 6, showed us all that democracy requires us to defend
it.
I urge all my colleagues to support H.R. 1 and ensure all Americans
have an equal voice in our democracy.
Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. I yield myself such time as I may
consume.
Madam Speaker, last week, this House voted on a bill that was sold as
pandemic relief, yet less than 9 percent of that bill was for public
health funding to combat COVID-19, and $140 million of that bill is
going to a failed rail project in Speaker Pelosi's district.
This week, the Democrats have put forth a bill titled ``For the
People,'' but the bill has nearly 800 pages of provisions that take
election decisions away from State and local officials and put them in
the hands of the Federal Government. It attacks Americans' First
Amendment right to free speech, and it publicly funds Members of
Congress' campaigns using corporate dollars.
There is a pattern emerging. The Democrats are bringing bills to the
floor under the guise of being for the people, but their bill actually
benefits the politicians.
As I said, I have many issues with H.R. 1, including the mandates
this bill puts on States and provisions that attack our First Amendment
rights. But I want to focus on one particular provision in this bill
right now, and that is how the Democrats' number one priority is a bill
that funds their own campaigns.
H.R. 1 would launder corporate dollars through the U.S. Treasury and
use those dollars to publicly fund congressional campaigns. Based on
2020 fundraising numbers, that creates access to more than $7 million
in laundered corporate dollar public funds to bolster my colleagues'
campaign coffers. This is the 6-to-1 match program that my colleague
talked about for small-dollar donations.
I know when I speak with my constituents back home, establishing a
program that helps me acquire more money for my campaign is not what
they think the Federal Government should be working on.
At the Rules Committee, because this bill did not go through regular
order and did not receive a markup in the House Administration
Committee, we submitted amendments to not only strike this program
altogether and prevent sitting Members of Congress from financially
benefiting from this bill, but also requiring any increase in corporate
fines to be used to help the pandemic relief.

I can think of a lot better ways to spend the $7 million that would
be just for my district, like pandemic relief. We could maybe reopen
our schools or rebuild a fund to help women's shelters and rape crisis
centers. Amazingly, Democrats wouldn't even allow these amendments for
a vote on the floor today.
It is disappointing because I had hoped that we could all agree that
helping our country through this pandemic or just simply focusing on
the American people is more important than lining our own campaign
coffers. Clearly, this bill is not for the benefit of the people, but
it is for the politicians' campaign coffers.
I also want to note that this bill is opposed by 16 secretaries of
state, nine former FEC Commissioners, the National Disability Rights
Network, the Institute for Free Speech, and more than 130 other
nonprofit organizations, but supported by Indivisible, a group whose
sole purpose is to elect Democrats. I think this speaks volumes as to
why my friends on the other side of the aisle are rushing this bill
through with little debate and next to no input from Republicans.
Despite what my friends on the other side of the aisle continue to
tell Americans, this bill is not for the people. This bill is for the
politicians. I urge a ``no'' vote on this bill.
Madam Speaker, I reserve the balance of my time.
Ms. LOFGREN. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Madam Speaker, I rise in strong support of H.R. 1, the
For the People Act, which would provide the most significant reform to
our democratic system in decades.
This landmark legislation will strengthen our democracy by expanding
access to the ballot, reducing the corrupting influence of corporate
money in political campaigns, and restoring ethics and integrity to
government.
H.R. 1 will make it easier for millions of Americans to vote and
significantly increase the number of voters in this country by
implementing initiatives like automatic voter registration. It will
also implement reforms that will hold elected officials to a higher
ethical standard, such as requiring Presidential candidates to disclose
their tax returns.
These are issues that I have introduced legislation on in the
previous Congress, and I am proud that they are included in H.R. 1.
Finally, H.R. 1 will include the DISCLOSE Act, which I introduced to
shine a light on unlimited spending that has overrun our elections.
Without fixing our broken system and taking power from the powerful
special interests and returning it to the people of this country, it
will be almost impossible to make progress on the issues

[[Page H974]]

that are important to the American people.
The DISCLOSE Act will require organizations that spend money on our
elections to promptly disclose donors who give $10,000 or more during
an election cycle, and prevent political operatives from actions meant
to conceal the identity of donors.
Madam Speaker, I urge all my colleagues to support the For the People
Act, restore democracy, return power to the people of this country, and
take it away from the powerful special interests.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the
gentleman from Georgia (Mr. Loudermilk), a great member of the House
Administration Committee, and my good friend.
Mr. LOUDERMILK. Madam Speaker, I rise, not only in opposition to this
bill, but in strong opposition, especially to the attempt to
nationalize our Federal elections, and the notion that people like
Joseph Kirk, of Bartow County, Georgia, the elections superintendent,
who has done a phenomenal job administering our elections, is not as
qualified as people here in this room as to how to run an election.
More importantly, the idea that bureaucrats up here in Washington,
D.C., can administer an election in Bartow County better than our
elections supervisor can and has is a notion beyond compare.
In fact, this flies in the face of our Founders, especially those at
the Constitutional Convention. You see, there were arguments against
Article I, Section 4, the Elections Clause, because the fear that was
stated was that those in power could use that power to manipulate
elections to keep them in power, that one day someone would use this
authority to manipulate the elections so they can maintain power. Madam
Speaker, I believe we have arrived at that.
Now, Alexander Hamilton, he argued the opposite. He said it is
important that institutions of government be able to preserve
themselves, but this was a backup. It was a backup that the States had
the priority to run their own elections. In fact, he said it should
only be used when ``extraordinary circumstances might render that
interposition necessary to its safety.''
We are not in that extraordinary circumstance. In fact, the
extraordinary circumstance that will be stated over and over again is
how we ran the election in 2020 under COVID.
Now, many of the provisions set out in this legislation, including
universal mail-in ballots, a ban on voter ID laws, and mandated ballot
harvesting, were changes that were made by States illegally in 2020
that caused a lot of the problems that we saw.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield an additional 30
seconds to the gentleman.
Mr. LOUDERMILK. Madam Speaker, it may be a novel idea, but I stand
firmly against Federal overreach in the constitutional responsibilities
of State and local governments. Unfortunately, H.R. 1 flies in the face
of our Governors, our secretaries of state, our local election
officials, and, more importantly, the people of this Nation.
If there is any other reason to be against it is why an 800-page bill
went to 11 committees and could only receive 2 hours of a hearing in
the smallest committee in this body. The American people want to know
what you are hiding when you continue to ramrod legislation through.

Ms. LOFGREN. Madam Speaker, I would just note for the record that I
am not worried about the administrators in Georgia. I am worried about
the legislature in Georgia that just passed restrictions cutting Sunday
early voting and absentee voting and restricting the use of drop boxes
to suppress the vote.
Madam Speaker, I yield 1 minute to the gentlewoman from Georgia (Mrs.
McBath).
Mrs. McBATH. Madam Speaker, I rise in support of the For the People
Act, a bill that is critical to restoring elections as the heart of our
democracy.
The For the People Act includes my bill, the Election Official
Integrity Act, which would make it so election officials can't have a
direct stake in the outcome of the election that they are overseeing.
Just like it would be wrong to have a player referee a game, it is
wrong for election officials to participate in Federal campaigns.
As a representative of the great State of Georgia, I know the impact
of our elections, and they are too important and too valuable to the
foundation of our democracy to risk even the appearance of impropriety.
The Election Official Integrity Act is a commonsense step toward
restoring the American people's confidence in our electoral process.
Madam Speaker, I urge my colleagues to stand with me in supporting
H.R. 1 and ensuring our Federal election officials work for the people.

{time} 0930

Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. McClintock).
Mr. McCLINTOCK. Madam Speaker, 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 others to promote candidates they
may abhor. That is the bill before us today.
The most dangerous provision nationalizes the mass mailing of ballots
to voter rolls that contain untold numbers of people who have moved or
died. It allows ballot harvesters to knock on doors and collect these
ballots. There is no chain of custody from the time the ballot is
mailed until the time it is returned.
Ballots can be cast weeks before the election under the duress of
family, friends, or precinct workers. Even if it doesn't rob our
elections of their actual legitimacy, it certainly robs them of their
perceived legitimacy, destroying the trust that the loser of any
election must have to accept the winner was rightful. That is the
bitter legacy of the last election under these practices.
Why would anyone want to institutionalize them?
Ms. LOFGREN. Madam Speaker, I am delighted to yield 1 minute to the
gentlewoman from Georgia (Ms. Bourdeaux), a new member of our House.
Ms. BOURDEAUX. Madam Speaker, I thank Chairwoman Lofgren for
yielding.
After an election with record-breaking turnout in November, the
Georgia General Assembly has recently introduced a number of partisan
bills to restrict voter registration and make it more difficult for
Georgians to vote. Similar efforts are being made in States across the
country.
H.R. 1 would codify into law provisions to protect voters from the
systemic efforts to suppress the vote, and I rise in strong support.
Every voice must be heard and every vote must be counted.
I would like to highlight my amendment, cosponsored by a number of my
Georgia colleagues. It would directly counter the threats posed by
partisan voter suppression efforts across the country by ensuring that
drop boxes are easily accessible to all Americans, no matter where they
live.
It would safeguard access to absentee ballots and promote voter
registration efforts rather than trying to limit them. I urge my
colleagues to pass H.R. 1 to protect the sacred right to vote.
H.R. 1 will also end partisan gerrymandering, place people over
special interests, and enable free and fair elections. I resolutely
urge my colleagues to support the adoption of H.R. 1.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentlewoman from New York (Ms. Tenney), the newest member of
this Congress.
Ms. TENNEY. Madam Speaker, I rise today in opposition to H.R. 1, the
so-called For the People Act.
My colleagues on the other side of the aisle are touting this
sweeping legislation as a win for transparency and election integrity.
Nothing could be further from the truth.
This bill is an attempt to destroy democracy by federalizing aspects
of U.S. elections constitutionally delegated to the States. It would
prohibit commonsense voter ID rules, encourage ballot harvesting,
require no-excuse absentee and early voting, permit felons and
noncitizens to vote, and make colleges and universities trusted voter
registration agencies.
I know firsthand the need for election reform and the consequences of

[[Page H975]]

elections run without transparency and oversight. I was sworn into
office over 30 days late, after an exhaustive 100-day postelection
count in the race for New York's 22nd Congressional District. In the
run-up to the 2020 election, New York Governor Andrew Cuomo rushed
through a series of executive orders that mirrored many of the policies
the Democrats are now proposing in H.R. 1. The result was one of the
most poorly run elections in the entire Nation. It was a disgrace to
our system of government.
If H.R. 1 had become law, I can confidently say it would have been
virtually impossible to conduct a fair and transparent race. New York's
election debacle reveals H.R. 1's real-world consequences.
If this legislation had been adopted, the errors exposed in my race
wouldn't be the exception. It would have been bureaucratic chaos and
that would have been the norm.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield an additional 30
seconds to the gentlewoman from New York.
Ms. TENNEY. Mr. Speaker, it is clear we need reforms to restore
confidence in our elections, but what my Democratic colleagues are
proposing would dramatically change election law. The American people
are demanding a commonsense framework for election reform that
strengthens security without compromising integrity.
Congress should focus on delivering results to the American people,
not perpetuating their own power at an irreversible and grave cost to
our democratic principles.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Madam Speaker, this bill restores guardrails to our
democracy that almost went off the rails as Republicans pledged their
loyalty to the cult of Donald Trump. Republicans have long found
success creatively suppressing the votes, restrictive voter ID laws,
limiting voter hours, locations, and extreme gerrymandering.
Having repressed votes for so long, it is hardly a surprise that
their reaction to those voters who manage to overcome the many
obstacles placed in their way is now turned to throwing out and
repressing the vote and ignoring the will of the majority.
Fearing voters, fearing accountability, in their opposition to this
bill and in legislative efforts across the country in some 43 States,
the Republican solution to losing power in the last election is to
reduce the number of voters in the next election.
Truth for them is not a matter of the facts. It is whatever Trump
declares. Fraud is their description of any election that they lose.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. LOFGREN. Madam Speaker, I yield the gentleman from Texas an
additional 30 seconds.
Mr. DOGGETT. Today's bill favors turning out the votes, not throwing
them out. Let's protect American democracy which worships, above all,
the voice of the people expressed through free and fair elections; not
bowing before the golden idol of one who has betrayed our country.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. Valadao), a refreshing sight to see back
on the House floor.
Mr. VALADAO. Madam Speaker, I thank the ranking member for yielding.
Madam Speaker, I rise today in opposition to H.R. 1, the For the
People Act. This piece of legislation undermines State authority over
voter registration and election procedures while federally mandating
practices we have seen fail in California during the 2018 and 2020
election cycles.
California's motor voter law automatically registers people to vote
when registering their car or applying for a license with the DMV. This
program was found to create over 120,000 errors, including registering
at least 1,500 residents who were not eligible to vote.
Senator Padilla, while serving as California's secretary of state at
that time, stated these mistakes ``threatened to undermine public
confidence in the program.''
H.R. 1 exposes our elections to voter fraud and is especially
dangerous at a time when so many Americans are questioning the validity
of election results. I ask my colleagues to join me in voting ``no'' on
H.R. 1.
Ms. LOFGREN. Madam Speaker, I am happy to yield 1 minute to the
gentleman from California (Mr. Levin).
Mr. LEVIN of California. Madam Speaker, our democracy is in grave
danger. We are seeing unrelenting efforts across the country to
suppress voters and limit access to the ballot box, particularly in
communities of color. We are seeing record-breaking waves of dark money
backing candidates and campaigns with no transparency or
accountability, and we are seeing efforts to increase partisan
gerrymandering that allows politicians to pick and choose who they
represent.
It is wrong and it is undemocratic. We need to make it easier to vote
for those who are legally eligible otherwise to vote, not harder to do
so. We need more transparency in our campaigns, not less. We need to
strengthen ethics rules, not weaken them, and we need to pass the For
the People Act.
This bill will transform our democracy and return power to the
people, where it belongs. It will ensure that every American who is
eligible to vote can do so easily and securely. It will crack down on
the culture of corruption that has defined Washington for far too long.
It will finally end the era of dark money in our politics that has
plagued this House for years.
Madam Speaker, I urge my colleagues to defend our democracy and to
support this legislation.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from Oklahoma (Mr. Lucas), a very good friend.
Mr. LUCAS. Madam Speaker, I rise in opposition to H.R. 1.
As the ranking member of the Science, Space, and Technology
Committee, I am particularly concerned that H.R. 1 would adversely
impact the work done by the National Institute of Standards and
Technology on election security.
NIST is responsible for conducting research on voting technologies,
developing standards and best practices that help ensure the security
of voting systems, and providing technical guidance to the Election
Assistance Commission. In short, NIST's work is critical to helping
States and localities conduct safe, secure, and accessible elections.
So why doesn't this bill include any of the technical feedback
provided by NIST last year?
I am deeply concerned that we are limiting NIST's ability to do their
job. This is just one example of how this rushed attempt to score
political points has given precedence over putting forth meaningful
legislation. This legislation would do more harm than good. I urge my
colleagues to reject the bill.

Ms. LOFGREN. Madam Speaker, I am honored to yield 1 minute to the
gentlewoman from Minnesota (Ms. Craig).
Ms. CRAIG. Madam Speaker, across this country, people of all
political persuasions are profoundly frustrated with the conflicts of
interest and divisive politics practiced in this town.
And who could blame them for their frustration?
Their votes are being suppressed by power-hungry folks at all costs.
The people are tired of the revolving door of lobbyists and special
interests working to diminish their trust in this institution and in
us.
But maybe that is what some people want, for Americans to become so
frustrated, bone tired of standing in long lines, that they just give
up and go home.
It is long past time that Congress brought a little more Minnesota
common sense to America in clean and fair elections. That is exactly
what this bill will accomplish by expanding voting rights, ending the
dominance of dark money in our politics, and finally addressing
partisan gerrymandering.
We must reform if we are to hold on to this democracy. Madam Speaker,
we must do it now.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentlewoman from Arizona (Mrs. Lesko), my good friend.
Mrs. LESKO. Madam Speaker, I thank the gentleman for yielding, and I
rise in opposition to this bill.
H.R. 1 is for the politicians, not the people. The bill weaponizes
the Federal Election Commission, infringes on

[[Page H976]]

States' rights, and drastically limits freedom of speech.
Arizona requires voter ID and prohibits ballot harvesting. H.R. 1
will undo Arizona laws.
This bill also puts people's privacy and security at risk by
requiring the disclosure of personal information for political
advertisers. The bill is solely designed to benefit politicians from
one particular political party.
Madam Speaker, I urge my colleagues to vote against this bill.
Ms. LOFGREN. Madam Speaker, may I inquire as to the time remaining?
The SPEAKER pro tempore. The gentlewoman from California has 19
minutes remaining. The gentleman from Illinois has 18 minutes
remaining.
Ms. LOFGREN. Madam Speaker, I am delighted to yield 1\1/2\ minutes to
the gentleman from New York (Mr. Jones), who is a new Member from New
York and an expert in election law.
Mr. JONES. Madam Speaker, today, we legislate for the people.
Our passage of H.R. 1 is deeply personal to me. Unlike many of the
people we are used to seeing in our politics, I don't come from money
or from a political family. I was raised by a young, single mother who
worked multiple jobs to make ends meet, and we still needed Section 8
housing and food stamps to get by.
Of course, my family struggles could be traced to one common cause,
and that is our broken democracy. At the root of why housing, higher
education, and healthcare are out of reach for so many millions of
Americans is the fact that our democracy does not reflect the will of
the American people. Independent redistricting commissions would change
that.
When I ran for Congress, the first question political insiders asked
me wasn't what I would be campaigning on or how much support I had in
my community, but, rather, how much money could I raise?
Public campaign financing would change that.
Many people were surprised that I defeated a billionaire who tried to
purchase this congressional seat. But my election should not be the
exception to the rule; rather, it should be the norm. Once we pass H.R.
1, it will be.

{time} 0945

Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from Arkansas (Mr. Womack), my good friend.
Mr. WOMACK. Madam Speaker, I thank the ranking member for the
opportunity to speak.
Madam Speaker, you don't need to identify as a Republican or a
Democrat to want free and fair elections. Frankly, ask any American and
I am pretty sure they will agree that the cornerstone to any legitimate
democracy is the ability to freely choose their leaders.
I am also pretty sure that they will agree that money has a way of
corrupting just about anything--including elections; which is why I
shake my head at the language in this bill that provides a 6-to-1 match
for donations up to $200. Last Congress, they tried to do it with
taxpayer money. That didn't go over so well, so now they try again;
this time, with some crazy shell game to accomplish the same result.
I also believe that most Americans will agree that the right to vote
is among the most precious we have. It is more important than getting
on an airline. It is more important than buying an adult beverage. It
is more important than cashing a paycheck at your local bank.
Why we would weaken our ability to prove certain the identities of
people voting in our elections is a mystery to me.
Trying to convince us that H.R. 1 is for the people is like saying,
You are with the Federal Government and you are here to help us.
No, thank you.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
New Mexico (Ms. Leger Fernandez). It is an honor to recognize her as a
member of the Committee on House Administration and one of the newest
Members in the House, but an accomplished attorney.
Ms. LEGER FERNANDEZ. Madam Speaker, increased voter participation
should be the goal of every legislator, Republican or Democrat.
Anything less is a betrayal of our democratic ideal.
Madam Speaker, 4 million more Latino voters cast a ballot in 2020
than in 2016. Native Americans defied the devastation of COVID to come
out and vote in higher numbers. And now, States across our country are
trying to turn away these citizens.
H.R. 1 is necessary, now more than ever, to protect the rights of
every citizen to register, to vote absentee, or by mail if you live on
a reservation or just work on Tuesdays.
We brought New Mexico's experience to this bill to improve voting
access for Native Americans, respect Tribal land boundaries during
redistricting, and reduce wait times at the polls.
Our democracy is the very foundation on which we rest every American
ideal. We love it, and we must protect it for the people.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from the great State of Minnesota (Mr. Emmer), my good
friend.
Mr. EMMER. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, for the second consecutive Congress, House Democrats
have shown us what their priorities are.
Is their top priority, H.R. 1, about improving roads and bridges? No.
Is their top priority, H.R. 1, about improving access to healthcare?
No.
Is there top priority, H.R. 1, about ensuring that our communities
are safe? Absolutely not.
No, their number one priority is themselves and their elections.
Instead of prioritizing these important issues, they have offered H.R.
1 to eliminate our State-based system of elections, to codify practices
like ballot harvesting, and to establish a Federal match with taxpayer
funds for campaign contributions.
I guess Federalizing our elections becomes the only option when your
ideas, the very thing our constituents should be judging us on, are
defunding our police and promoting government-run healthcare. The
American people have soundly rejected those ideas, but that hasn't
stopped our colleagues from finding a way to work around the will of
the American people.
Madam Speaker, the bill we are debating today, H.R. 1, is that
workaround and, if adopted, will allow our colleagues to continue
bypassing the issues most important to the people while guaranteeing
their reelection to Congress.
The American people are smart, and they are going to remember when
they step into the voting booths next November that the top priority
for House Democrats was not to address the health or safety of the
American people, it was to undermine our Constitution in order to win
elections.
Madam Speaker, I urge everyone in this Chamber to vote ``no'' on H.R.
1.
Ms. LOFGREN. Madam Speaker, it is interesting to listen to some of
the comments that are made here this morning. We have talked a lot
about Article I, Section 4, that says that the Congress may at any time
regulate these elections. But what is the basis for that? It is really
Article IV, Section 4, which says, ``The United States shall guarantee
to every State in this Union a Republican Form of Government.''
If a majority of voters vote and their votes are not powerful, they
are not counted. Or if Americans are prohibited from voting, even
though they should be able to cast their vote, that is not a Republican
form of government. So what we are doing here is the most important
thing we could do, which is to preserve our American democracy.
Madam Speaker, I yield 1 minute to the gentleman from Maryland (Mr.
Hoyer).
Mr. HOYER. Madam Speaker, I thank the chairwoman for yielding, and I
thank John Sarbanes, my colleague from Maryland, for all the work
that he has done and the extraordinary leadership that Zoe Lofgren has
done in bringing this bill to the floor last year and bringing it back
this year. It was passed with unanimous support on our side of the
aisle because our Members know that Americans are frustrated, and they
feel somewhat shut out from their democracy. This is a bill for the
people.

I thank all of those who have worked for so long on making sure that
Americans have access to the ballot.
Madam Speaker, last year, we lost an extraordinary giant in our
country. His

[[Page H977]]

name was John Lewis, an acolyte of Martin Luther King Jr., and a
servant for the people.
This is a very, very important bill. One could say that everything
else we do depends on this bill because, in our democracy, government
only works if those it serves have faith that it is truly a government
``of the people, by the people, and for the people.''
Madam Speaker, of course, it was Abraham Lincoln who spoke those
words, mourning those who gave their lives in a great struggle to
preserve our Union as it faced the evils of slavery, sedition, and
secession.
That war was a war to not only give freedom to other human beings,
but it was also a war, at its heart, which tried to live out the creed
that all men are created equal; endowed by their creator--not by this
Congress, not by the majority, not by the Constitution, not by the
President, or any of us, but by their creator--with certain unalienable
rights. And certainly, in a democracy, voting, knowing who you are
voting for, knowing who you are supporting, who you are voting for are
critical.
Even in that dark moment of the Civil War, when so many were losing
hope for the success of our great American experiment in democracy and
constitutional government, President Lincoln encouraged us to renew our
faith as Americans in that project.
Now, in 2021, though the crises we face are different than in 1863,
our Nation is clearly facing grave challenges. January 6 taught us
that. January 6 took us by the scruff of the neck and shook us and
said, ``Beware, lest you lose your democracy.''
A pandemic has led to the deaths of more than half a million
Americans. Its subsequent economic crisis has put more than 10 million
out of work and millions of families and small businesses are
struggling to get by.
Deep racial and political divisions threaten to tear our country
apart with misinformation and mistrust as dangerous to our Republic as
any virus or recession.
Madam Speaker, the American people must have faith that their
government is truly theirs; their collective expression and will is
heard; and that it can deliver results that improve their lives and
offer them hope for a better future. That is what H.R. 1 does, the For
the People Act: Reassure the American people that their government will
always work for them.
First, it will protect the sacred right to vote--protect the sacred
right to vote--by ensuring that every American can participate equally
and without undue barriers to casting their ballots.
No counting of jelly beans in a jar; no reciting verbatim the
Constitution and Declaration of Independence; no poll tax; no effort to
make it more difficult for people to register, more difficult to vote.
Bloody Sunday, a stark example of how committed some people were and
some people still are, to not permitting people who they think will
vote against them to vote.
H.R. 1 would be the most consequential piece of voting rights
legislation enacted since we passed the Help America Vote Act, which I
was proud to sponsor.
Second, this bill roots out corruption in government by increasing
ethical standards and limiting the corrosive effects of dark money in
our political campaigns.
My mother used to say: ``Consider the source.'' Consider who is
talking to you. And if you don't know who is contributing, if you don't
know who is paying for those ads for Citizens for a Better America, who
is against that. But you don't know who it is. You don't know what
interest they have that they are paying out millions of dollars to
promote.
By forcing super-PACs to disclose their donors, H.R. 1 will ensure
that American voters know exactly who is paying for the campaign ads
they see or hear. And by requiring Presidential and Vice Presidential
candidates to release 10 years' worth of tax returns, as most have
done--with one singular, stark exception--it will provide voters with
information critical to ensuring that those seeking our highest offices
are free from conflicts of interest. Are they representing themselves
or are they representing the people?
Third, H.R. 1 will end partisan redistricting, whereby politicians
choose their voters instead of the other way around. Too many voting
districts are drawn in a way to limit voters' voices in our democracy.
So many times we saw the central city cut up into pies, where you had
a sliver of the city here, a sliver of the city here. And all of you
know that happened. What was it designed to do? To take away the voting
power of those who the people in the State legislature did not like.
Now, most of you are too young to remember Baker v. Carr and Reynolds
v. Sims, when the Supreme Court said, ``Oh, no, we are not representing
trees, we are representing people, and you are going to have to
district.''
And then we had subsequent legislation which said, you cannot make it
impossible for certain constituencies to elect people who look like
them, talk like them, think like them. That has to end, and the only
way to do it is through a national approach that creates, as this bill
does, a nonpartisan process in each State.
Madam Speaker, lastly, H.R. 1 includes a number of provisions to
increase transparency and accountability so that the American people
can see what their elected officials are doing and make sure they are
doing their jobs properly.
Through all of these steps, House Democrats will deliver on our
pledge to renew Americans' faith in government by making sure it works
for the people.
Madam Speaker, I urge my colleagues to join me in supporting this
legislation so consequential to our democracy and our ability to
deliver results for our constituents.
But I also ask the American people to join me in believing in what
government can achieve when we take steps to make it work in the way
our Founders intended.

With the challenges we are facing, with the divisions and mistrust
that abound, let us seize this moment, as Lincoln once did, to
rededicate ourselves to the work of ensuring that ``government of the
people, by the people, and for the people shall not perish from this
Earth.''
Let us do so with a strong--and my hope is bipartisan--vote to pass
H.R. 1 and send it to the Senate.
Mr. ROY. Will the gentleman from Maryland yield?
Mr. HOYER. Madam Speaker, I would be glad to yield to my friend.
Mr. ROY. Madam Speaker, I appreciate the gentleman yielding.
Madam Speaker, as the gentleman knows, we have had a dialogue back
and forth about the need for amendment, the need for debate on the
floor. And what I would ask the gentleman is, for example, if the
gentleman would agree that in 2004 we had former President Jimmy
Carter, Democrat, and James Baker, Republican--hardly ideologues from
the standpoint of division that we see today--agree that there are
issues of bail and balance.
And what I would ask is: Why don't we have a debate here on the
problems and concerns and potential fraud with mail-in ballots that is
a nonpartisan concern? That is one example, and there are bunch. Why do
we not have that debate robustly here on the floor for the American
people to see, if we are talking about transparency?
And I ask the question respectfully of the gentleman from Maryland.

{time} 1000

Mr. HOYER. Madam Speaker, I think that is a legitimate debate to
have. I think we have been having that debate. Very frankly, I tell my
friend from Texas that I think we won that debate. We won it in the
courts over and over and over again, but understand that does not mean
we ought not to have the debate here.
Madam Speaker, I would not be opposed to such a debate. This bill, I
think, is a bill which has been debated over and over again in
committee and on the floor and has passed through the Senate.
Unfortunately, the Senate didn't take it up. We didn't have a
conference because they had a different perspective on the question the
gentleman raises. They chose not to debate it. They chose not to
address it. They chose to ignore the problems that clearly do exist.
Madam Speaker, I think the gentleman's point is well-taken. I think,
at some point in time in the future, we ought to have that debate,
either on legislation you introduce or others introduce. I would
support that effort.

[[Page H978]]

Mr. RODNEY DAVIS of Illinois. Madam Speaker, just for the viewers on
C-Span who wondered why time stopped here in the House for that minute
the majority leader spoke, I want to remind them all that is what we
call the majority leader's magic minute.
Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr.
Pfluger), my good friend and one of the newest Members.
Mr. PFLUGER. Madam Speaker, I rise today in opposition to H.R. 1, a
twisted conglomerate of partisan policies meant to consolidate powers
here in Washington, D.C., to fully cement the swamp.
This bill bans voter ID requirements nationwide. It permanently
expands mail-in voting and legalizes ballot harvesting.
Madam Speaker, I am particularly disturbed by the fact that, if this
bill passes, taxpayer dollars will be directly funneled to
congressional candidates and campaigns. The folks in my district, the
11th District of Texas, absolutely do not approve of their hard-earned
dollars paying for TV attack ads of any candidate, much less a
candidate they don't support.
Madam Speaker, we need real, commonsense reforms to strengthen our
election system. H.R. 1 does just the opposite. I urge my colleagues to
have this debate, to have a transparent debate, to talk about these
issues, and to come to the table for a reasonable, thoughtful debate so
that we can get to the real issues that the American people deserve.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Cohen), chairman of the Subcommittee on the
Constitution, Civil Rights, and Civil Liberties.
Mr. COHEN. Madam Speaker, this is an important and good bill. It is a
comprehensive bill that takes in a lot of issues that are important to
giving people the opportunity to vote and the opportunity to elect
their leaders in fair manners. The most important, I think, as Leader
Hoyer addressed all the points, is redistricting, to have nonpartisan
redistricting commissions decide how the State legislatures and the
congressional seats will be designed so that they are geographic,
understandable, and done without the intent of electing a particular
party to that position.
Madam Speaker, right now, most of the districts are determined in the
primary; that is why we don't have competitive districts and people
coming closer to the center to try to work together.
This bill also has the John R. Lewis Voting Rights Act. John Lewis
was the conscience of the Congress. He almost gave his life in Selma,
Alabama, to try to get the right to vote for people. Nobody should have
to do that.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from Arizona (Mr. Biggs), my good friend.
Mr. BIGGS. Madam Speaker, the majority leader just said: Everything
we do depends on this bill.
I guess he is right because the Democrats are trying to tip the
scales of elections to their party. Besides giving the uni-party in the
swamp power, funding politicians with taxpayer dollars, and preventing
the use of voter identification laws, Democrats will prevent ballot
harvesting and mandate nationwide mail-in balloting, which Jimmy Carter
himself said is a recipe for fraud.
Madam Speaker, Democrats are so enamored of power, it appears that
they want to legalize cheating in elections. If that isn't enough for
you, they want 16-year-olds to be able to register to vote, as well as
felons and illegal aliens to be able to vote. What could possibly go
wrong?
Madam Speaker, while most in the country have some doubt as to the
integrity of our elections across both parties, my colleagues across
the aisle want to ensure we never have an honest election again.
This bill is a dubious path on which to embark. If we do not stop it
again, it will become increasingly difficult to depart to a better road
that actually restores trust in America.
Madam Speaker, when I hear the argument of voter suppression, I say
we had more voters in the last election for President than ever--more
than ever. This bill is a monstrosity. It is a waste. It is
unnecessary. I urge people to vote ``no.''
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
Massachusetts (Mrs. Trahan).
Mrs. TRAHAN. Madam Speaker, I rise in strong support of H.R. 1, and I
commend the Speaker, the majority leader, Chair Lofgren, and
Representative Sarbanes for their unwavering leadership.
Madam Speaker, we live in a cynical age. Some of this is due to the
fact that the wealthy and well-connected have been granted access and
influence in the halls of power far beyond what is fair. The results
speak for themselves--massive economic, health, and wealth disparities.
It is also due to the fact that we have seemingly entered a post-truth
era in which facts have less of a grip on public debate, particularly
on our social media platforms.
Madam Speaker, the race to the bottom continues, whether it is the
big lie about the election, or gaslighting the American people about
the political leanings of insurrectionists, or the denial of climate
change.
The roots of these problems cannot be solved unless we reform our
government, starting today. H.R. 1 is needed to help dissolve the
cynicism and ensure that facts and honesty have a place at the table
once again.
Madam Speaker, I urge my colleagues to join us in passing H.R. 1.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, in spite of my hesitance
to trust this timing, can I get a time check to see how much we have
left?
The SPEAKER pro tempore. Each side has 12\1/2\ minutes remaining.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Steil), another member of the Committee
on House Administration.
Mr. STEIL. Madam Speaker, we must protect voting integrity. The bill
before us today, H.R. 1, nationalizes our elections. It imposes poorly
drafted, unconstitutional mandates on States. The bill weakens critical
voter integrity provisions. Let me explain.
Madam Speaker, first, the bill guts voter ID protections. For
example, in Wisconsin, a State with strong voter ID laws, this law
would allow an individual to vote without an ID by simply providing a
sworn statement. That is it.
Are there other areas where we would allow individuals to avoid our
laws so easily? Could you board an airplane by simply providing a
statement as to who you are? The purpose of this provision is to weaken
the integrity of our elections.
Madam Speaker, wait, there is more. This bill legalizes ballot
harvesting. In Wisconsin, we saw a clerk in Madison conduct ballot
collections in broad daylight. This bill would legalize ballot
harvesting nationwide. The purpose of this provision is to weaken the
integrity of our elections.
Madam Speaker, if that is not bad enough, just wait. There is more.
This bill will allow Federal funding of congressional campaigns. It
would give government money to fund politicians' reelection campaigns.
It would give government money to buy negative TV ads. I am not sure
about all my colleagues in this House, but I can tell you that not once
has an individual told me that the problem with our elections is there
is just not enough money.
Madam Speaker, we need to strengthen our election system. We need to
protect the integrity of our elections. This bill nationalizes our
elections, weakens voter integrity, is an affront to the First
Amendment, and is a poor use of government money.
Madam Speaker, I urge my colleagues to join me in opposing this bill,
H.R. 1.
Ms. LOFGREN. Madam Speaker, I just received word that the legendary
civil rights leader Vernon Jordan has passed. In addition to our
beloved John Lewis, I feel we are considering this bill in his memory
and also to honor those who came before us who worked so hard to
preserve our American democracy.
Madam Speaker, I yield 1 minute to the gentlewoman from California
(Ms. Pelosi), the Speaker of the House.
Ms. PELOSI. Madam Speaker, I join the gentlewoman from California
(Ms. Lofgren) in her beautiful acknowledgment of the passing of Vernon
Jordan.
Madam Speaker, I also commend her for her great leadership in
honoring

[[Page H979]]

our Constitution with this For the People legislation. I am fond of
saying of Chairwoman Lofgren that she has so much experience, so much
knowledge, such deep values about our Constitution and about our
electoral system and how they are connected. I thank her for her
tremendous leadership.
Madam Speaker, I also thank John Sarbanes for his long-term
dedication to this For the People legislation so that we can have
elections that enable people to participate more fully. That is what
this is all about. Mr. Sarbanes chaired the Democracy Reform Task
Force. He is the godfather of this bill. His determination, his
deliberation, and his dedication to democracy have brought us to this
important moment for the American people.
Madam Speaker, I am especially pleased that this moment is happening
in March when it is Women's History Month because I am very fond of
saying that if we reduce the role of money in politics and increase the
level of decency and civility, we will be able to elect many more
women, many more people of color, many more young people into elective
office. I am absolutely certain of that in terms of women, and this
legislation does just that.
Madam Speaker, ``We the people,'' the first words of the Preamble to
the Constitution, how appropriate that that is what this legislation is
called.
I come to this conversation, not just as Speaker of the House, but as
a person who, for years, was a leader in the California Democratic
Party. Our purpose was to remove obstacles of participation for
Democrats or Republicans. That is what the law requires. That was the
right thing to do. Whether it was in registration or getting out the
vote, we had to be nonpartisan. That is what this legislation does.
Madam Speaker, it is very interesting in the rules of the House that
we can have people misrepresent the facts, but if we call them on it,
our words are taken down for mistrusting the integrity of Members. But
let's be very clear: There is no public funding use of taxpayer money
for congressional races in this legislation, no matter what you hear
someone else say. There will be an amendment on the floor.
Madam Speaker, speaking of amendments, there are 56 amendments. The
list takes pages and pages and pages, so this will take a couple of
days to deal with. This idea that we don't have a full discussion and
full amendment process, let's not talk about process. Let's talk about
the policy and what we hope to achieve.
The first 300 pages of this bill were written by John Lewis to
eliminate voter suppression, which has become rampant in our country.
How do we say to our Founders, ``We salute you for what you have done,
and we are going to do everything in our power to make sure we suppress
the vote''? It is so inconsistent. We see even just in recent days a
torrent of pieces of legislation to reduce voter participation. So,
that is what we are going to do.
Madam Speaker, another aspect of this that distorts our democracy is
the partisan gerrymandering. That is why I salute the distinguished
chairwoman for her leadership for a long time now in putting forth
redistricting by way of commission.

{time} 1015

The people should choose their politicians. Politicians should not be
choosing their voters by this political gerrymandering. This
legislation does that.
Part of voter suppression that people don't always recognize is the
suffocation of the airways of big, dark, special interest money.
And one aspect of this bill that has such popular appeal is the fact
that people will realize if we reduce the role of big, dark money in
politics, we increase the voices of the people. We will have a better
chance to preserve our planet if big, dark money, special interest
money is not weighing in.
We have a better chance of protecting our children from gun violence
with background check legislation if big, dark money, in terms of our
gun lobbies, is not weighing in. We have a chance to reduce the cost of
healthcare. We have the chance to increase paychecks. The list goes on
and on.
Big, dark money has been an obstacle to progress for America's
working families, suppressing the ability of people to bargain
collectively, suppressing the rights of workers in our country. So,
again, this is, as Mr. Sarbanes says, this caffeinates all the other
issues because it gives people confidence that it really can happen,
that we really can pass legislation that is not dominated, and the
debate of it is not suffocated. The airways suffocated big, dark money.
Of course, we have to look at what is happening in terms of
misinformation in the social media and the rest. And what we want to do
is to clear the air; clear the air of that big, dark money; clear the
air of political gerrymandering; and clear the air of the voter
suppression that is out there.
Just last night, the Georgia House passed a draconian new voter
restriction bill, which would end weekend voting, slash the number of
mail ballot drop boxes, impose restrictive voter ID for mail ballots,
among other actions.
They know that their issues are losers with the America people when
they oppose some of the issues that are very popular in the public
domain. They know that big money and voter suppression is their path to
victory, and that is why they are engaged in this. These voter
suppression tactics are fundamentally discriminatory.
In 2018, 70 percent of the Georgia voters purged from the rolls were
African American. And nationwide, counties with larger minority
populations had fewer polling places and poll workers per voter. In
fact, 1 in 13 Black Americans cannot vote due to disenfranchisement
laws nationwide.
We must ensure that all voters have a voice in their democracy,
particularly in light of many grave challenges that our Nation faces
today. Strong, clean, ethical leadership for the people is needed to
tackle today's crisis, ranging from the pandemic and economic crisis to
the national reckoning on racial equality and justice, and, as I
mentioned earlier, the surging climate crisis.
The For The People Act will meet this moment. Again, the moment:
restoring the public's trust in government, and re-empowering our
leaders to fight in the people's interest, not the special interest. It
will combat big, dark money in politics, taking on the power of special
interests, forcing disclosure, reining in the lobbyist influence and
empowering small donors.
I do believe that one of the most undemocratic acts of the Supreme
Court of the United States in its history was the so-called Citizens
United decision.
How could the Justices of the Supreme Court ever have made such a
decision?
I don't know if they examined their conscience in light of what has
happened since then with big, dark money weighing in. And they gave
very little opportunity--usually when the Court makes a decision,
Congress can act, change the law, change the perspective, make it more
constitutional, whatever the question is; but not with Citizens United.
They went all out, closed every window to any opportunity to make
change in the House of Representatives, except one: Disclosure.
Disclosure. They said, okay, you can pass a law that says you must
disclose. When this decision was made, we tried to have a disclosure
act. We had 59 votes in the Senate, not 60. So we couldn't pass it
because the Republicans in the Senate said, No, we cannot insist on
disclosure.
When that happened, the Chamber of Commerce, it was reported that
they said, oh, if we had to disclose, our members would not be giving
of their chamber, would not be giving in the big amounts because they
didn't want the public, their employees, their customers, their clients
to know how much big money they were spending to suppress the vote and
the discussion in our country.
So the Republicans supported low disclosure. The money flowed and
continues to flow. It must be stopped.
Now, it would take a constitutional amendment to overturn Citizens
United, and I think we should strive for that. However, in the
meantime, it would take an act of Congress to say: You are proud of who
you are supporting in a big, dark money way?
Disclose it. Let's have disclosure. The public has a right to know,
your employees have a right to know, your customers and your community
has a right to know how you are weighing in against their interests,
against clean air for their children, clean safety in

[[Page H980]]

terms of water safety in their neighborhoods in terms of gun violence
protection, safety in terms of preserving the planet, safety in terms
of issues that relate to the health. The list goes on and on.
There is a direct connection between the suppression of the vote; the
suffocation of the airways with big, dark money; and the health and
well-being of the American people.
So this bill will combat big, dark money in politics. As I said, it
will expand voting rights, ensuring secure and accurate elections,
guarding elections from foreign interference. Let me say that again.
Why would the Republicans oppose guarding the elections from foreign
interference?
This is one of the most popular aspects of this legislation in the
public.

Again, the For the People Act would hold elected officials
accountable, establishing tougher ethics, establishing conflict of
interest rules for all government officials to ensure that public
officials are working for the public good.
The For the People Act is unifying, supported by a majority of the
American people across the country, Democrats, Republicans,
Independents, more than 170 civil rights groups, environmental, faith-
based, consumer protection, and gun safety groups, all of whom know
this legislation is urgently needed.
Two examples. Stacey Abrams of Fair Fight wrote yesterday: ``The For
the People Act understands the facets of free and fair elections:
mitigating voter suppression, advancing a fair redistricting process,
and empowering small dollar donors to have a more prominent rule in our
elections. Together, this comprehensive bill signals a restoration of
our Nation's commitment to the most durable democratic Republic.''
I will say it again: Together, this comprehensive bill signals a
restoration of our Nation's commitment to the world's most durable
democratic Republic, the United States of America.
Passing and enacting H.R. 1 will put the American people back in
charge of the Republic, paving the way for transformative progress in
terms of policy for our country, for the future, for our children. With
this legislation, we can build back better for the people, advancing
justice, opportunity, and progress for families in every ZIP Code.
Madam Speaker, to restore our democracy and to advance progress for
the people, I urge a strong vote for H.R. 1, the For the People Act.
Again, I express my appreciation to Madam Chair Zoe Lofgren, John
Sarbanes, and so many others; Mondaire Jones, speaking for the freshman
class and what it means to young people to come into the process, not
to be blocked by big, dark money and foreign influence in our
elections.
Vote against foreign influence in elections. Vote for H.R. 1.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, no matter how many times Speaker Pelosi and the
Democrats continue to say that there is not a publicly funded program
to put money directly into her Members' congressional campaigns, it
doesn't make her statement true.
In this bill, it is the first-ever corporate money since 1907 that is
laundered through the Federal Government, through the Department of
Treasury, and goes right into our own congressional campaigns, up to $7
million, using 2020 numbers.
Madam Speaker, I am angry that the Speaker continues to talk about
States, like Georgia, following the law to make sure that their voter
rolls are complete and accurate when, in her own home State of
California, the corrupt secretary of state would not even commit to
removing over 400,000 deceased or moved voters from the voter rolls,
and many of them, if not all of them, got live ballots.
This bill would place the corruption that we see in California and
export it nationwide. Let me tell you, that corrupt secretary of state,
huh, what a deal, we now call him a U.S. Senator.
Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr.
Roy).
Mr. ROY. Madam Speaker, I would point out that the Speaker of the
House came to the floor and used her magic minute, but doesn't stay on
the floor and debate. There is no debate on this floor.
And then the Speaker said that there were amendments, 56 amendments.
Forty-nine of them are Democratic amendments, hand-selected by a small
group in the Rules Committee. Forty-nine are Democratic amendments.
So don't buy into the Kabuki theater that you are seeing on the floor
of the House of Representatives.
You know what?
I can't ask to take down the words of the Speaker, even though the
essence of her argument is that I am a bigot. Let's be very clear. The
arguments being distilled on the floor today is that Republicans, my
colleagues and I, that we are bigots.
Why?
Because they use fancy words like ``voter suppression'' to say that
we are wanting to tamp down people's access to polls.
Nothing can be further from the truth. Heaven forbid we want to use
voter identification. Heaven forbid we want to honor the will of the
people through their legislature in the States passing rules to make
sure that our system is actually working, using voter identification
that the American people use to fly, that the American people use to do
everything else. If I demand that, I am a bigot.

{time} 1030

Ms. LOFGREN. Madam Speaker, I include in the Record a number of
letters, the first from more than 150 groups urging support for the For
the People Act, including the American Friends Service Committee, the
Center for Disability Rights, Common Cause, Franciscan Action Network,
the League of Conservation Voters, NETWORK Lobby for Catholic Social
Justice and the Sierra Club.
Declaration for American

Democracy,

February 5, 2021.
Re More than one hundred and fifty Groups urge support for
the For the People Act (H.R. 1/S. 1).

Dear Member of Congress: On behalf of the below
organizations representing tens of millions of Americans, we
write in strong support of H.R. 1/S. 1, the For the People
Act. This transformational democracy reform package would
help return power to everyday American families and amplify
the voices of communities that have historically been
marginalized in our democracy.
For far too long, special interests, wealthy donors, and
vote suppressors have dominated our politics and attempted to
silence the voices of everyday Americans, especially in Black
and Brown communities. The For the People Act would help
shift power away from bad actors and transfer it to ``we the
people.''
The 2020 election has underscored the urgent need for
transformational democracy reform. Across the nation,
Americans experienced unprecedented voter suppression,
historic levels of dark money spent to drown out the voices
of everyday Americans, and rampant ethical abuses. One bill,
the For the People Act, addresses many of these problems.
Therefore, we are urging Congress to make this pro-voter,
anti-corruption legislation a first priority in the 117th
Congress.
Common-sense reforms in the For the People Act, most of
which are deeply popular across the political spectrum and
have passed in many states and localities, aim to accomplish
three overarching goals: (1) protecting and strengthening the
sacred right to vote, (2) ending the dominance of big money
in politics, and (3) implementing anti-corruption, pro-ethics
measures to clean up government.
Many of the critical issues that our nation faces--ensuring
quality, affordable health care, creating good paying jobs,
combating climate change, and achieving racial justice, to
name just a few--cannot be fully solved until we fix our
broken democracy. Wealthy special interests have too strong
of a grip on the status quo, and we need to first unlock this
stranglehold that they have on our political system.
We therefore urge you to support and vote for H.R. 1/S. 1,
the For the People Act, early in the 117th Congress to help
put the people back in charge of our democracy.
Sincerely,
Declaration for American Democracy (DFAD), African American
Ministers In Action, American Federation of Teachers (AFT),
American Friends Service Committee, American Promise,
Americans for Financial Reform, Americans for Tax Fairness,
Bend The Arc, Brady United Against Gun Violence, Brennan
Center for Justice, Center for American Progress, Center for
Disability Rights, Center for Media and Democracy, Center for
Popular Democracy, Citizens for Responsibility and Ethics in
Washington (CREW), Clean Water Action, Climate Law & Policy
Project, Climate Reality Project, Coalition to Stop Gun
Violence, Common Cause.
Communications Workers of America, Congregation of Our Lady
of Charity of the Good

[[Page H981]]

Shepherd, U.S. Provinces; DC Vote, Defend Democracy, DemCast
USA, Democracy 21, Democracy Initiative, Democracy Matters,
Democratic Policy Center, Earthjustice, Earthworks,
Endangered Species Coalition, End Citizens United // Let
America Vote Action Fund, Equal Citizens, Faith in Public
Life, Faithful America, Fix Democracy First, Franciscan
Action Network, Free Speech For People, Friends of the Earth
U.S., Government Accountability Project.
Green Latinos, Greenpeace USA, Herd on the Hill, Hispanic
Federation, JPIC Committee of USA/Haiti Province of Religious
of Jesus and Mary, Ladies Who Launch, Lawyers for Good
Government (L4GG), Leadership Conference of Women Religious,
League of Conservation Voters, League of Women Voters of the
United States, Main Street Alliance, March for Our Lives,
Maryknoll Sisters, Mi Familia Vota, Moms Demand Action,
MomsRising, NARAL Pro-Choice America, National Advocacy
Center of the Sisters of the Good Shepherd, National
Association of Councils on Developmental Disabilities,
National Association of Social Workers.
National Council of Churches of Christ in the USA (NCC),
National Council of Jewish Women, Natural Resources Defense
Council, Network for Responsible Public Policy, NETWORK Lobby
for Catholic Social Justice, New American Leaders/New
American Leaders Action Fund, Oil Change U.S., Pax Christi
USA, People Demanding Action, People For the American Way,
People's Action, Poligon Education Fund, Population
Connection, Pride at Work, Progressive Turnout Project,
Protect Democracy, Public Citizen, Public Wise, Publish What
You Pay-US, Reclaim Our Democracy, Rock the Vote, Service
Employees International Union (SEIU).
Sierra Club, Sisters of Mercy of the Americas Justice Team,
Small Planet Institute, Stand Up America, Stand for Children,
The Loyal Opposition, The Workers Circle, Transparency
International U.S. Office, Unitarian Universalist
Association, Unitarian Universalists for Social Justice,
United Food and Commercial Workers International Union, URGE:
Unite for Reproductive & Gender Equity, Vote.org, We Are
Casa, Woman's National Democratic Club, #VOTEPROCHOICE, 20/20
Vision.

Selected State/Local Organizations

Arizona

Arizona Advocacy Network
Chispa Arizona
Fuerte Arts Movement
Living United for Change in Arizona (LUCHA)
National Council of Jewish Women Arizona
Planned Parenthood Advocates of Arizona
Progress Arizona
Rural Arizona Action
Sierra Club--Grand Canyon (Arizona) Chapter

Nevada

Chispa Nevada
MPower 360
Progressive Leadership Alliance of Nevada
Silver State Equality-Nevada

New Hampshire

Coalition for Open Democracy and Open Democracy Action
Indivisible New Hampshire
New Hampshire Independent Voters
NH Ranked Choice Voting
New Hampshire Voters Restoring Democracy
New Hampshire Youth Movement
NH Sierra Club
350 New Hampshire
603 Forward

Virginia

Activate Virginia
Arlington Young Democrats
Indivisible Below the Beltway
Madison County Democratic Committee
Network NOVA
Persist Fairfax
RepresentUS Virginia--The Clean Money Squad
RISE for Youth
SW Poor People's Campaign
Unitarian Universalist Church of Arlington Virginia
Unitarian Universalist Legislative Ministry of Virginia
Unitarian Universalist Congregation of Fairfax
Virginia Coalition of Human Rights
Virginia Democracy Forward (VADF)
Virginia Justice Democrats
Virginia Political Cooperative
Winchester Frederick County Democratic Committee

West Virginia

Catholic Committee of Appalachia
Mid-Ohio Valley Climate Action
National Association of Social Workers West Virginia
Chapter
National Rural Social Work Caucus (WV)
OVEC-Ohio Valley Environmental Coalition
Our Future West Virginia
RiseUpWV
West Virginia Environmental Council
West Virginia Poor People's Campaign
Women's March West Virginia
WV Citizens for Clean Elections
WV Citizen Action Group
WV Working Families Party
Ms. LOFGREN. Madam Speaker, I will include in the Record more letters
in support of this legislation, H.R. 1. I also include letters from the
Leadership Conference on Civil and Human Rights and a letter from
attorneys general around the United States: the attorneys general of
Maryland, Colorado, Connecticut, Delaware, the District of Columbia,
Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New
Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island,
Vermont, Virginia, and Washington. The attorneys general of all of
these States have written in support of H.R. 1.
The Leadership Conference

on Civil and Human Rights,

January 19, 2021.

Support H.R. 1, the For the People Act

Dear Representative: On behalf of The Leadership Conference
on Civil and Human Rights, a coalition of more than 220
national organizations committed to promoting and protecting
the civil and human rights of all persons in the United
States, and the 82 undersigned organizations, we write in
strong support of H.R. 1, the For the People Act. We are
pleased that the incoming Senate leadership has today
announced it intends to introduce this critical bill as S. 1.
The For the People Act represents a transformative vision
for American democracy. It would create a democracy that
welcomes every eligible voter's chance to participate in
civic life and a democracy that demands integrity, fairness,
and transparency in our nation's elections. For far too long,
voter suppression has been a shameful reality in our
country--undercutting the power and representation of African
Americans, Latinos, Asian Americans and Pacific Islanders,
Native Americans, people with disabilities, Arab Americans,
and other communities historically excluded from our
political process. The ability to meaningfully participate in
our democracy is a racial justice issue. It is a civil rights
issue. And the need for legislative action is urgent. The
U.S. House of Representatives passed the For the People Act
in March 20 I 9, and we are pleased that Speaker Pelosi has
committed to making this bill a top priority in the new
Congress.
The recent and deadly attack on the U.S. Capitol by far-
right extremists attempting to overturn the free, fair, and
secure 2020 presidential election was a catastrophic reminder
of the fragility of our democracy. This violent insurrection
did not happen in a vacuum. It was paired with numerous
hurdles that voters faced during the pandemic-plagued 2020
election cycle and exacerbated by the relentless efforts by
President Trump to undermine election integrity, impose
barriers to the ballot box, and discount the votes of
communities of color. These experiences reinforce the urgent
need to repair our democratic system. The historic voter
turnout in the November election despite these challenges
demonstrated the determination and resilience of the American
people.
Not every flaw in our democracy can be easily fixed, but
there are strong and ready solutions to many of the most
significant voting rights problems. H.R. 1 would enhance and
ensure democracy in America by establishing many critical
reforms in federal elections, including:
Ensuring early voting and polling place notice: H.R. 1
would require at least 15 consecutive days of in-person early
voting including weekends, for a minimum of 10 hours each
day, and ensure that early voting polling places are
accessible by public transportation. The bill would also
require that voters be given a minimum of seven days' notice
if their polling place location is changed.
Safeguarding the right to vote by mail: Sixteen states
require voters to provide an excuse as to why they are unable
to vote in person on election day in order to receive an
absentee ballot. This practice is designed to impede the vote
and was particularly galling during the COVID-19 pandemic.
H.R. I would eliminate such restrictions on the right to vote
by mail. The bill would require the prepayment of postage by
the government on return envelopes for absentee ballots or
voter registration forms.
Reforming voter registration: Nearly 20 percent of people
who are eligible but do not vote cite registration hurdles as
the main reason for not voting. H.R. 1 would modernize
America's voter registration system and improve access to the
ballot box by requiring states to establish automatic voter
registration (``AVR''), same day registration (``SDR''), and
online voter registration for voters across the country, and
by ensuring that all voter registration systems are inclusive
and accessible for people with disabilities. A YR alone could
add an estimated 50 million people to the voter rolls, and
SDR increases voter turnout by roughly 10 percent.
Ensuring reasonable wait times to vote: Voters in some
states last year were forced to stand in line for more than
10 hours to vote, and recent studies have shown that such
barriers occur more frequently in communities of color. H.R.
I would require states to ensure that voters do not have to
wait longer than 30 minutes to cast their ballot at a polling
place.
Permitting voting without a photo ID: Between 2010 and
2020, 16 states enacted strict voter identification laws.
H.R. I requires states to allow registered voters in states
with a photo ID requirement to sign a sworn affidavit to vote
if they lack a photo ID.
Requiring access to drop boxes: During the 2020 election
cycle, some states politicized and limited the use of drop
boxes. H.R. 1 would require states to provide secure drop
boxes as an option for voters casting absentee ballots.

[[Page H982]]

Restoring voting rights for formerly incarcerated people:
H.R. I would restore voting rights for people with felony
convictions who have finished their sentence, a necessary
repudiation of our nation's discriminatory and racially
violent past. This would re-enfranchise approximately 4.7
million voters nationwide. Reforming felony
disenfranchisement has strong bipartisan support; in 2018, 65
percent of Florida voters cast their ballots to restore the
right to vote for over 1.4 million people.
Combating voter purging: H.R. 1 would overturn the Supreme
Court's troubling 2018 decision in Husted v. A. Philip
Randolph Institute that allowed Ohio to conduct massive
purges from its voter rolls based on non-voting in past
elections. Such practices disproportionately target and
remove traditionally marginalized people from registration
rolls. Voting should not be a ``use it or lose it'' right.
Prohibiting deceptive practices and voter intimidation:
H.R. 1 would ban the distribution of false information about
elections to hinder or discourage voting. This provision is
particularly important in an era in which Facebook, Twitter,
and other digital platforms have been readily manipulated to
spread misinformation about elections and voting rights to
vulnerable communities. The bill would also increase the
criminal penalties for intimidating a voter for the purpose
of interfering with their right to vote or causing them to
vote for or against a candidate.
Reforming redistricting: H.R. 1 would be a milestone in the
battle against the extreme partisan gerrymandering our
country has witnessed in recent years, by requiring states to
draw congressional districts using independent redistricting
commissions that are bipartisan and reflect the demographic
diversity of the region. It would establish fair
redistricting criteria and safeguard voting rights for
communities of color.
Modernizing election administration: H.R. 1 would
reauthorize the Election Assistance Commission--an
independent, bipartisan commission that plays a vital role in
ensuring the reliability and security of voting equipment
used in our nation's elections. It would also promote
election reliability and security by requiring voter-verified
permanent paper ballots and enhanced poll worker recruitment
and training. And H.R. 1 would prohibit state election
administrators from taking an active part in a political
campaign over which they have supervisory authority.
Committing to restoring the Voting Rights Act (``VRA''):
H.R. 1 contains a commitment to restoring the landmark VRA
and updating its preclearance provision, which is crucial to
prevent racial discrimination in the voting process. VRA
restoration is being pursued on a separate legislative track
that will involve investigatory and evidentiary hearings,
thus enabling Congress to update the preclearance coverage
formula and develop a full record on the continuing problem
of racial discrimination in voting. In 2006, the VRA was
reauthorized on a unanimous vote in the Senate and a near-
unanimous vote in the House. We need the same type of broad
and bipartisan support for restoring the VRA today.
H.R. 1 would also make significant advances in the areas of
campaign finance and ethics reform. It would correct the
rampant corruption flowing from the corrosive power of money
in our elections. It would replace the current campaign
finance system that empowers the super-rich and big
corporations with one that relies on small donors and public
matching funds. It would end secret election spending and
force disclosure of all election-related spending. And it
would call for a constitutional amendment to overturn the
disturbing Citizens United decision that made it
impossible to restrict outside spending by corporations or
billionaires. In addition, H.R. 1 addresses our government
ethics crisis by, among other things, requiring the
development of a code of conduct for Supreme Court
Justices to enhance accountability on ethics and recusal
issues; overhauling the Office of Government Ethics to
strengthen federal ethics oversight; establishing more
robust conflict of interest requirements for government
officials; prohibiting members of Congress from using
taxpayer dollars to settle allegations of employment
discrimination; and requiring presidents to disclose their
tax returns.
The For the People Act provides a North Star for the
democracy reform agenda. It is a bold, comprehensive reform
package that offers solutions to a broken democracy.
Repairing and modernizing our voting system goes hand in hand
with reforms that address the rampant corruption flowing from
the corrosive power of money in our elections, and reforms
that address the myriad ethical problems that plague all
three branches of the federal government. The reforms in the
For the People Act are necessary to advance racial justice
and ensure that our government works for all people, not just
a powerful few.
Congress must also pass two other essential racial justice
and democracy reform bills: the John Lewis Voting Rights
Advancement Act--which would restore a critical provision of
the Voting Rights Act gutted by the Supreme Court's infamous
2013 Shelby County v. Holder decision--and the Washington,
D.C. Admission Act, which would grant long overdue statehood
status to the nation's capital.
Shortly before his death last year, Representative Lewis
remarked: ``In our country, the right to vote is precious--
almost sacred. Countless people marched and protested for
this right. Some gave a little blood, and far too many lost
their lives. Around the globe, generations of U.S. officials
boasted of this legacy and progress. Today, the world is
horrified in watching Americans--especially people of color--
once again stand in immovable lines and experience
undeniable, targeted, systematic barriers to democracy . . .
. Time is of the essence to preserve the integrity and
promises of our democracy.''
Congress and the Biden-Harris administration must heed this
call. As the 2020 election cycle and the recent violent
assault on the U.S. Capitol made abundantly clear, our
democracy is vulnerable and is in dire need of protection. We
must enact transformational change to build a democracy that
works for everyone. The civil and human rights coalition is
strongly committed to expanding the franchise and fixing our
democracy, and we urge both chambers of Congress to pass the
For the People Act as early as possible in the 117th
Congress.
Sincerely,
The Leadership Conference on Civil and Human Rights,
American Federation of State; County, and Municipal
Employees, American Federation of Teachers, American-Arab
Anti-Discrimination Committee (ADC), Americans for Democratic
Action (ADA), Andrew Goodman Foundation, Appleseed Network,
Arab American Institute, Association of People Supporting
Employment First (APSE), Autistic Self Advocacy Network, Blue
Future, BOLD ReThink, Brennan Center for Justice at NYU
School of Law, Center for Law and Social Policy (CLASP),
Clearinghouse on Women's Issues, Common Cause, Communications
Workers of America, Daily Kos, Declaration for American
Democracy, DemCast USA, Democracy 21.
Demos, End Citizens United/Let America Vote Action Fund,
Equal Justice Society, Equality California, Faith In Public
Life, Family Equality, Feminist Majority Foundation, GLSEN,
Government Accountability Project, Impact Fund, In Our Own
Voice: National Black Women's Reproductive Justice Agenda,
Iota Phi Lambda Sorority Inc., Psi Chapter, Iota Phi Lambda
Sorority-Epsilon Phi, Iota Phi Lambda Sorority, Inc., Iowa
Citizens for Community Improvement, Japanese American
Citizens League, Justice for Migrant Women, Justice in Aging,
Kansas Appleseed Center for Law and Justice, Lambda Legal,
Lawyers' Committee for Civil Rights Under Law.
League of Women Voters of the US, Missouri Voter Protection
Coalition, MomsRising, NAACP, National Action Network,
National Association of Human Rights Workers, National
Association of Social Workers, National CAPACD--National
Coalition for Asian Pacific American Community Development,
National Center for Law and Economic Justice, National Center
for Lesbian Rights, National Council of Jewish Women,
National Education Association, National Employment Law
Project, National Equality Action Team (NEAT), National
Homelessness Law Center, National Organization for Women,
National Partnership for Women & Families, National Women Of
Achievement, Incorporated National Workrights Institute.
Oxfam America, Patriotic Millionaires, People For the
American Way, People's Parity Project, PFLAG National, Prison
Policy Initiative, Progressive Turnout Project, Public
Citizen, Public Justice, Rock the Vote, SC Appleseed Legal
Justice Center, Service Employees International Union (SEIU),
Sikh American Legal Defense and Education Fund (SALDEF),
Silver State Equality-Nevada, Texas Progressive Action
Network, The United Methodist Church--General Board of Church
and Society, True North Research, UnidosUS, URGE: Unite for
Reproductive & Gender Equity, When We All Vote, Wisconsin
Faith Voices for Justice, Women Lawyers On Guard Action
Network, Inc.
____

State of Maryland,

Office of the Attorney General,

February 24, 2021.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives, Washington, DC.
Hon. Chuck Schumer,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate,
Washington, DC.
Dear Leader Schumer, Speaker Pelosi, Leader McConnell, and
Leader McCarthy: We, the undersigned Attorneys General of
Maryland, Colorado, Connecticut, Delaware, the District of
Columbia, Illinois, Iowa, Maine, Massachusetts, Michigan,
Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon,
Pennsylvania, Rhode Island, Vermont, Virginia, and Washington
(collectively the ``States''), write to express our support
for H.R. 1/S. 1, the For the People Act of 2021 (the
``Act''). The Act would strengthen our democracy by making it
easier to vote, reducing the pernicious influence of dark
money in elections, and codifying ethical standards for our
public servants.
America faces a stark choice--whether to pursue the reforms
necessary to make this country a functional multiracial
democracy, or to accept the systemic and accelerating
disenfranchisement of Black and other minority voters.
According to a Brennan Center report, in 2021 legislative
sessions to date, at least 165 bills in 33 states have been

[[Page H983]]

introduced to restrict voting access--four times the number
of similar bills introduced last year. This new push for
voter suppression follows the 2020 election, where a record
number of Americans exercised their right to vote. Offering
Americans new and convenient methods of voting, including
expanded absentee and mail-in voting options, had the dual
benefits of protecting the public health during the COVID-19
pandemic and enabling greater turnout.
Despite confirmation by former Attorney General Barr and
others that there was no evidence of widespread fraud or
irregularity in the 2020 election, state legislators have
seized upon former President Trump's baseless voter-fraud
allegations to curtail mail-in voting options, impose
stringent voter ID requirements, limit voter registration
opportunities, and allow even more aggressive purging of
voter rolls. In the wake of a safe and secure election, which
enabled greater levels of voter participation than in over a
century, we should be building on this progress, not
dismantling it.
The Act includes several measures that would neutralize
these cynical efforts at voter suppression by improving
access to the ballot. Voters in many states face the
frustrations of antiquated, error-ridden voter registration
systems; the Act would modernize voter registration by
requiring states to implement online registration, establish
automatic voter registration, and prohibit unnecessary purges
of the voting rolls. The Act also addresses discriminatory
voter identification laws by requiring states to permit
voters in federal elections to submit a sworn statement to
meet ID requirements. Early voting provisions contained in
the Act would expand access to federal elections by providing
for at least 15 days of early voting at accessible locations
and making available the option to vote by mail to anyone
eligible to cast a vote in an election for federal office.
Although the States' election laws vary, we have broad
collective experience with the implementation of similar
voting-access reforms and do not anticipate that the Act's
mandates would prove overly burdensome to implement.
Critically, the Act would also confront the problem of
partisan gerrymandering by putting redistricting in the hands
of independent commissions. The threat of severe
gerrymandering in the post-2020 redistricting process is
especially acute given the Supreme Court's decision in Shelby
County v. Holder, which effectively eliminated the
preclearance protections contained in Section 5 of the Voting
Rights Act (``VRA''). Without the preclearance restraints of
the VRA and the corresponding oversight from the Department
of Justice, there is a substantial risk that states with a
history of racial discrimination will seek to minimize the
political power of minority voters by drawing aggressive
congressional district lines. By divesting redistricting
power from politicians who manipulate the process to
consolidate power, the Act will ensure that voters choose
their representatives, not the other way around.
As the chief law enforcement officers of our respective
states, we are well-acquainted with schemes to discourage,
impede, and prevent our citizens from voting. In the lead up
to November's election, disinformation designed to depress
voter turnout was endemic, spread by bad actors through
social media, robocalls, and texts. Thankfully, the fear of
widespread, aimed intimidation at polling places did not
materialize last year. That possibility, however, looms in
future elections--especially once election day turnout is no
longer diminished due to an ongoing pandemic. By prohibiting
the knowing dissemination of materially false information
about elections and stiffening penalties for voter
intimidation, the Act will provide law enforcement officials
with the tools needed to thwart and punish those who attempt
to interfere with the exercise of the fundamental right to
vote.
The Act also contains important changes to campaign finance
law designed to address the concerning rise of dark money in
federal elections. Since the Supreme Court's ruling in
Citizens United v. FEC, dark money has flooded political
campaigns at unprecedented levels. As a result,
billionaires, corporations, and special interest groups--
groups that already had outsized voices in our political
process--now wield even more power, often exercising that
power anonymously through opaque ``non-profits'' that are
not required to disclose their donors. The Act would close
dark-money loopholes by requiring disclosure when wealthy
donors give $10,000 or more to a group that spends money
on elections. As the Supreme Court has explained,
``transparency enables the electorate to make informed
decisions and give proper weight to different speakers and
messages.'' Bringing sunlight to political contributions
is a crucial step to restoring faith in government.
Last but certainly not least, the Act seeks to close a
number of legal loopholes--revealed in striking and
disturbing ways during former President Trump's term in
office--that allow the President to evade accountability for
personally profiting from the Office. In particular, the Act
heightens disclosure requirements applicable to the
president, requires the holder of the Office of the President
to divest from financial interests that pose a conflict of
interest, and ensures accountability by providing the Office
of Government Ethics with enhanced enforcement powers.
Surprising gaps in the ethics laws affecting non-presidential
public servants would also be closed. For instance, the Act
would prohibit members of Congress from serving on the board
of directors of for-profit entities during their terms in
office and, for the first time, require the Judicial
Conference to develop a code of ethics applicable to Supreme
Court Justices. Collectively, the ethics reforms contained in
the Act would ensure that our public servants are working on
behalf of America's best interests, not just their own.
American democracy needs repairing. The problems we face--
outdated election infrastructure, unjustified barriers to
voting, extreme gerrymandering, the polluting influence of
dark money, and insufficient ethical constraints-urgently
need addressing. We believe that the Act represents an
important step toward addressing these problems and urge its
swift passage.
Sincerely,
Brian E. Frosh, Maryland Attorney General; Philip J.
Weiser, Colorado Attorney General; Karl Racine, District of
Columbia Attorney General; Tom Miller, Iowa Attorney General;
Maura Healey, Massachusetts Attorney General; Keith Ellison,
Minnesota Attorney General; Gurbir Grewal, New Jersey
Attorney General; Letitia James, New York Attorney General;
Josh Shapiro, Pennsylvania Attorney General.
Kathleen Jennings, Delaware Attorney General; Kwame Raoul,
Illinois Attorney General; Aaron M. Frey, Maine Attorney
General; Dana Nessel, Michigan Attorney General; Aaron D.
Ford, Nevada Attorney General; Hector Balderas, New Mexico
Attorney General; Ellen F. Rosenblum, Oregon Attorney
General; Peter Neronha, Rhode Island Attorney General; Thomas
J. Donovan, Jr., Vermont Attorney General; Bob Ferguson,
Washington Attorney General; Mark P. Herring, Virginia
Attorney General.
Ms. LOFGREN. Madam Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Sarbanes), who is the author of H.R. 1.
Mr. SARBANES. Madam Speaker, I thank madam chair, Zoe Lofgren, for
her incredible work on this bill.
Madam Speaker, I rise today in support of H.R. 1, the For the People
Act, a bill that was designed to respond to the deep cynicism so many
Americans feel when they look at their democracy and wonder if their
voice still matters in it.
We heard many grievances from Americans across the country over the
last few years, but they fall into three basic categories. The first
was, they kept saying to us: We want to get to the ballot box every 2
years without having to run an obstacle course.
We should be the gold standard among our peer nations when it comes
to voting, but we haven't reached that point yet. H.R. 1 creates that
opportunity.
By the way, let me thank the Republican voters across the country
who, in the last election, used automatic voter registration where it
existed, used early voting opportunities where that was afforded, and
used a no-excuse absentee ballot to cast their ballot in the midst of a
pandemic. To Republican voters, Independent voters, and Democratic
voters this is not controversial.
We are just trying to create some baseline, uniform standards and
best practices so people can get to the ballot box. When they get up in
the morning and they have decided that is the day they are going to go
vote, it shouldn't be a trial to get to the voting booth and to the
ballot box. That is all we are trying to do. That is not controversial,
and that is not partisan out in the country. Maybe here it is, but not
out in the country.
The second thing they said to us is: When you get to Washington,
behave yourself, act right, act ethically, be transparent, and be
accountable.
So we have a whole set of reforms in here that are designed to do
that.
The third thing they have been pleading with us about is: Don't get
tangled up in the money. Remember where you came from and remember who
you work for. Lean towards the people and not towards the special
interests, the deep-pocketed donors, the insider political donor class,
the big money, the PACs, the super-PACs, and the lobbyists. Work for
us, the people.
So we are trying to address that in H.R. 1. None of these things is
controversial. The only controversy is how it has taken us this long to
address these grievances that people feel across the country. H.R. 1,
the For the People Act, is our opportunity to do that.
Why is it a whole package?
Sometimes people say: Well, we are going to take this piece and take
that piece.
It is because the people told us--they were smart enough to know--if
you fix one thing and you don't fix the other thing, our voice still
doesn't matter.
The SPEAKER pro tempore. The time of the gentleman has expired.

[[Page H984]]

Ms. LOFGREN. Madam Speaker, I yield an additional 1 minute to the
gentleman from Maryland.
Mr. SARBANES. Madam Speaker, if you get fair elections in place but,
when the Representatives get to Washington they get taken hostage by
the special interests and still get influenced by the big money, then
you haven't solved our problem as the American people who want our
voice to be heard. So we have to do the whole package.
Let me close with this. John Lewis, who is not with us anymore,
fought for voting rights. He knew the vote was sacred. He told us to
keep our eyes on the prize. Today we do that.
Elijah Cummings, whom I served with in Baltimore for many, many
years, often told the story that on his mother's deathbed she beckoned
him close, and the last thing she said to him was: Don't let them take
the vote.
We are not going to let them take the vote.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from Texas (Mr. Crenshaw).
Mr. CRENSHAW. Madam Speaker, I rise today in opposition to H.R. 1. I
have always found it interesting that elections are the one thing my
colleagues on the other side don't want to strictly regulate.
You see, Madam Speaker, there is this mythology amongst Democrats
that commonsense rules in an election are synonymous with voter
suppression. They make it sound as if you have to go through an
obstacle course to go vote. This isn't true. It is nonsense, and
everybody knows it.
The truth is that four out of five Americans support voter ID laws,
and countless Americans have expressed concern because they received
mail-in ballots for other people addressed to their homes. They want
this fixed, and they don't want the problem to get worse. But this bill
makes elections less trustworthy, not more.
Trust is everything. When people can see the faults in the process,
whether it is ballots at the wrong house or careless verification
processes, they believe people are cheating. You can't just dismiss
that, Madam Speaker. We have to fix it. But instead this bill makes
permanent the problematic election practices that cause distrust.
For example, Madam Speaker, ballot harvesting creates serious chain
of custody issues, and universal mail-in voting without safeguards
creates the kind of chaos where your ballot ends up in someone else's
hands, as does forcing States to disregard their own voter ID laws and
use sworn statements instead of an ID.
The integrity of our elections must be self-evident, wherein the mere
possibility of fraud is improbable because the process itself is
airtight and secure. Many States today do not meet that standard. We
should be working together to make elections more secure, not less. If
that is indeed our mutual goal, and I pray that it is, then I implore
my colleagues to work with us.
Ms. LOFGREN. Madam Speaker, may I ask how much time is remaining on
each side?
The SPEAKER pro tempore. The gentlewoman from California has 6
minutes remaining. The gentleman from Illinois has 7 minutes remaining.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
Pennsylvania (Ms. Scanlon), who is a member of the House Judiciary
Committee.
Ms. SCANLON. Madam Speaker, over the last 30 years I have been a poll
worker, an election judge, an election protection lawyer, and a civics
educator working to protect the right to vote.
I have seen firsthand the flaws in our system that prevent Americans
from participating in our democracy. Voter suppression tactics, the
influence of dark money, gerrymandering, and other anti-democratic
practices have all disenfranchised voters.
In my home State of Pennsylvania, voters have been victim of such
tactics for years. But many Americans have made clear that we want a
government for the people and by the people, and House Democrats are
answering that call.
I am particularly proud that my bills to increase access for voters
with disabilities, bring transparency to inaugural funds, and increase
the availability of ballot drop boxes have all been included in this
legislation. I am also hopeful that my amendment to increase access to
early voting for college students will also be included.
H.R. 1 will strengthen our democracy and ensure that the power in our
government rests with the people.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I do also have a stack
of letters in opposition. I will include them in the Record. I won't go
through each of them.
Frank LaRose,

Ohio Secretary of State,

Columbus OH,
For Immediate Release:
Thursday, February 25, 2021.

LaRose Calls on Congress to Reject Federal Takeover of Elections

House Resolution 1 Would Bring Sweeping, Unworkable and Unfunded Change
Across the Nation's 50 Unique Election Systems, Causing Chaos and
Damaging Voter Confidence

Columbus.--Today, Ohio Secretary of State Frank LaRose
called on the United States Congress to vote against House
Resolution 1, a bill that would effectively take over control
of how states conduct elections. HR 1 imposes significant
changes that ignore both the United States Constitution and
the unique election systems across the 50 states in an effort
to standardize how states vote.
``Ohio's November 2020 election was the most successful on
record, but Speaker Nancy Pelosi and Majority Leader Chuck
Schumer want to wipe it all away with a massive power-grab,''
said LaRose. ``Remember, each state election system is
unique--shaped by time and trusted by their respective
voters. Forcing uniform standards, procedures, and
expectations into state election systems, some far different
than others and not built for those requirements, is like
forcing a square peg into a round hole. It won't work.''
Article 1, Section 4 of the Constitution states that
``[t]he Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each
State by the Legislature thereof,'' but that ``the Congress
may at any time by Law make or alter such Regulations, except
as to the Places of chusing Senators.'' In Federalist Paper
No. 59, Alexander Hamilton contended that such regulation was
only necessary ``whenever extraordinary circumstances might
render that interposition necessary to its safety''. Moreso,
state-level elections and the election of the president have
remained outside of the purview of congress.
However, the question of whether it's even within the power
of congress to take over how states run elections isn't even
the most important question. Instead, the better question is
``should they?'' In the 59 presidential elections since 1789,
each has resulted in the successful election of a President.
Voting laws have evolved across the 50 states, providing more
and more access, security, and accuracy. Over time, each of
those same 50 states have created their own unique election
systems. From who administers the elections, to how votes are
cast, to how a vote is protected--each system was born of
federalism.
Like human beings, no voting system is perfect.
Improvements and changes happen as the people, working
through their respective state legislatures, see fit. In
Ohio, a state whose elections have long been under the
national spotlight, we've developed a system which has
ensured voters have confidence in the outcome of elections.
As a result, voter turnout is at an all-time high, voter
fraud and voter suppression are exceedingly rare, and our
efforts to strengthen the security of our elections have
become a national model. Even as we faced enormous
challenges, last year we in Ohio ran the most successful
election in our state's history. It's no surprise that other
states are now coming to us to learn our best election
practices so they can mirror them back home.
That's how it's supposed to work. One of the great
motivations of federalism is the state role as a laboratory
for democracy, with each state innovating to become a better
version of itself, and sharing those lessons with other
states. That experiment has allowed our nation to become the
best in the world. We need to keep that experiment going and
encourage Ohio's congressional delegation to vote against
House Resolution 1.
Secretary LaRose will soon be sending a letter to
congressional leadership and Ohio's congressional delegation
requesting a no vote on HR 1.

[[Page H985]]

____
National Association

of Attorneys General,

Washington, DC, August 24, 2020.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Hon. Jerrold Nadler,
Chairman, House Judiciary Committee,
Washington, DC.
Hon. Lindsey Graham,
Chairman, Senate Judiciary Committee,
Washington, DC.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Chuck Schumer,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Jim Jordan,
Ranking Member, House Judiciary Committee, Washington, DC.
Hon. Dianne Feinstein,
Ranking Member, Senate Judiciary Committee, Washington, DC.
Dear Speaker Pelosi, Majority Leader McConnell, Minority
Leader McCarthy, Minority Leader Schumer, Chairman Nadler,
Chairman Graham, Ranking Member Jordan, and Ranking Member
Feinstein: On behalf of the undersigned state Attorneys
General, we write to respectfully urge Congress to address
the ongoing, declining balance of the Crime Victims Fund
(``the Fund''). The Fund provides critical support and
services to victims of crime across the country. As state
Attorneys General, we are often the administrators of grant
funding, through our state compensation programs or
otherwise, financed directly from the Fund. In order to
ensure the predictability and sustainability of these
critical funds, change must be enacted to support our states'
ability to effectively serve victims and survivors of crime
for years to come.
The Fund, established by the Victims of Crime Act of 1984
(``VOCA''), is the primary funding source for victim services
in all 50 states and six U.S. territories. Deposits to the
Fund originate from criminal fines, forfeited bail bonds,
penalties and special assessments collected by U.S.
Attorneys' Offices, federal courts and the Federal Bureau of
Prisons. Funding is derived from offenders convicted of
federal crimes, and not from taxpayers.
Since its creation, the Fund has covered the expenses of
essential direct services and support for victims and
survivors in the aftermath of crime, including medical care,
mental health counseling, lost wages, courtroom advocacy and
temporary housing. The Fund also provides support for
initiatives that benefit victims of crime, including federal,
state and tribal victim service programs, crime victim
compensation, discretionary grant awards, victim specialists
in U.S. Attorneys' and FBI offices and the federal victim
notification system. Additionally, grants through the Fund
are the only funding source available for services to all
victims of crime.
The balance and financial health of the Fund is in
jeopardy. As deposits have sharply decreased in recent years
due to a decline in the fines and penalties recouped from
federal criminal cases, withdrawals have increased at a rapid
pace. In 2015, Congress increased the annual cap on
distributions from the Fund, resulting in significant growth
in the amount of services offered across the country. Nearly
2,500 new organizations received VOCA funding since 2015. In
addition, more than 2.5 million new victims were served
through VOCA assistance formula grants from 2015 to 2019.
We applaud Congress for expanding access to victim
services. Yet, these important advances are at risk given the
current downward trajectory of the Fund's balance. Its
balance is projected to reach a ten-year low by the end of
2021 unless specific changes are enacted to protect its
bottom line. Any decrease in the funds available for
distribution results in a decrease in the number of victims
and survivors that are served as well as potential loss of
essential staff for victim service programs.
In order to stabilize and maintain the Fund for use in the
future, we respectfully request Congress amend VOCA in the
following three ways:
Deposit all monetary penalties from deferred and non-
prosecution agreements into the Crime Victims Fund.
Over the last decade, the Department of Justice has
increasingly utilized deferred and non-prosecution agreements
to resolve cases of corporate misconduct. These agreements
bypass a traditional prosecution process and shift fines and
penalties into the general treasury rather than the Fund. In
2018 and 2019, the total recoveries resulting from these
agreements resulted in approximately $8 billion each year.
Redirecting these deposits will provide increased funding to
the Fund, which will allow for better predictability of state
awards.
Increase the rate at which states are federally reimbursed
for victim compensation programs to 75 percent.
The Fund supports state compensation programs, which
provide direct reimbursement to or on behalf of crime victims
for unexpected and often catastrophic expenses caused by
violent crime. In order to supplement a state's efforts to
financially assist victims for crime-related out-of-pocket
expenses, the Fund reimburses states 60 percent of spending
in a fiscal year. Most states' compensation programs are
funded through fines and fees paid by offenders prosecuted in
state courts. Recently, due to criminal justice reform
initiatives along with court closures due to the COVID-19
pandemic, states are facing a significant decline in
collections of these fines and fees, limiting their ability
to support essential victim compensation eligible expenses.
An increase in the reimbursement rate from the Fund to at
least 75 percent will ensure each state has more money
accessible to serve victims and survivors with much needed
financial support.
Allow for additional years of spending or no-cost
extensions for VOCA discretionary, assistance and
compensation awards.
Current statutory limitations require that recipients of
VOCA funds spend annual grants in a four-year period. To
reduce reversions and provide better forecasting for
programming, the statute should allow for longer periods to
spend down grants and allow the Office for Victims of Crime
to permit no-cost extensions to states. A longer award period
allows administrators to better plan and predict funding
awards and long-term services. In times of economic
uncertainty, such as the COVID-19 pandemic, this is
especially important as state budgets and other funding
sources are significantly impacted. Additional time also
allows for redirection of funds for emergency assistance
without the threat of compromising traditional services.
Your support of the Crime Victims Fund is paramount to our
responsibility as Attorneys General to protect the interests
of victims. As such, we defer to you on the best vehicle to
introduce the above changes. We do ask, however, that
Congress make them a key priority and act upon all three
swiftly.
Thank you for your attention and consideration of this
matter.
Sincerely,
Maura Healey, Massachusetts Attorney General; Steve
Marshall, Alabama Attorney General; Mitzie Jessop Taase,
American Samoa Attorney General; Tim Fox, Montana Attorney
General; Kevin G. Clarkson, Alaska Attorney General; Mark
Brnovich, Arizona Attorney General; Leslie Rutledge, Arkansas
Attorney General; Phil Weiser, Colorado Attorney General;
Kathleen Jennings, Delaware Attorney General; Ashley Moody,
Florida Attorney General; Leevin Taitano Camacho, Guam
Attorney General; Lawrence Wasden, Idaho Attorney General;
Curtis T. Hill, Jr., Indiana Attorney General; Derek Schmidt,
Kansas Attorney General; Jeff Landry, Louisiana Attorney
General; Xavier Becerra, California Attorney General; William
Tong, Connecticut Attorney General; Karl A. Racine, District
of Columbia Attorney General; Christopher M. Carr, Georgia
Attorney General; Clare E. Connors, Hawaii Attorney General;
Kwame Raoul, Illinois Attorney General; Tom Miller, Iowa
Attorney General; Daniel Cameron, Kentucky Attorney General;
Aaron M. Frey, Maine Attorney General.
Brian Frosh, Maryland Attorney General; Keith Ellison,
Minnesota Attorney General; Eric S. Schmitt, Missouri
Attorney General; Aaron D. Ford, Nevada Attorney General;
Gurbir S. Grewal, New Jersey Attorney General; Letitia James,
New York Attorney General; Wayne Stenehjem, North Dakota
Attorney General; Dave Yost, Ohio Attorney General; Ellen F.
Rosenblum, Oregon Attorney General; Dana Nessel, Michigan
Attorney General; Lynn Fitch, Mississippi Attorney General;
Douglas Peterson, Nebraska Attorney General; Gordon
MacDonald, New Hampshire Attorney General; Hector Balderas,
New Mexico Attorney General; Josh Stein, North Carolina
Attorney General; Edward Manibusan, Northern Mariana Islands
Attorney General; Mike Hunter, Oklahoma Attorney General;
Josh Shapiro, Pennsylvania Attorney General; Ines del C.
Carrau-Martinez, Acting Puerto Rico Attorney General; Alan
Wilson, South Carolina Attorney General; Herbert H. Slatery
III, Tennessee Attorney General; Sean Reyes, Utah Attorney
General; Denise N. George, Virgin Islands Attorney General;
Robert W. Ferguson, Washington Attorney General; Joshua L.
Kaul, Wisconsin Attorney General; Peter F. Neronha, Rhode
Island Attorney General; Jason R. Ravnsborg, South Dakota
Attorney General; Ken Paxton, Texas Attorney General; T.J.
Donovan, Vermont Attorney General; Mark R. Herring, Virginia
Attorney General; Patrick Morrisey, West Virginia Attorney
General; Bridget Hill, Wyoming Attorney General.
____

National Disability

Rights Network,

February 25, 2021.
Re Committee on House Administration Hearing: Strengthening
American Democracy.

Chair Zoe Lofgren,
Committee on House Administration, House of Representatives,
Washington, DC.
Ranking Member Rodney Davis,
Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chair Lofgren and Ranking Member Davis: On behalf of
the National Disability Rights Network (NDRN) and the
nationwide network of Protection & Advocacy (P&A) systems, we
commend the Committee for examining the state of voting
rights in America and unswervingly exploring ways to
strengthen our democracy. We wish to submit this letter for
the record in connection with the Committee on House
Administration's hearing, ``Strengthening American
Democracy,'' scheduled to take place on February 25, 2021.
NDRN is the non-profit membership organization for the
federally mandated P&A systems for individuals with
disabilities. The

[[Page H986]]

P&As were established by the United States Congress to
protect the rights of people with disabilities and their
families through legal support, advocacy, referral, and
education. P&As are in all 50 states, the District of
Columbia, Puerto Rico, and the US territories (American
Samoa, Guam, Northern Mariana Islands, and the US Virgin
Islands), and there is a P&A affiliated with the American
Indian Consortium which serves Native Americans with
disabilities in the Four Corners region of the Southwest.
Collectively, the P&A Network is the largest provider of
legally based advocacy services to people with disabilities
in the United States.
Through the Protection and Advocacy for Voter Access (PAVA)
program, created by the Help America Vote Act (HAVA), the
P&As have a federal mandate to ensure the full participation
of individuals with disabilities in the entire electoral
process, including registering to vote, casting a ballot, and
accessing polling places. PAVA advocates are on the ground in
communities and states, providing advice, technical
assistance, and training to election officials about voting
accessibility for a wide array of disabilities. They also
provide outreach, training, and direct representation to
individuals with disabilities, and the agencies and
organizations that serve them.
Voters with disabilities remain a large voting bloc in
America's elections. The United States Census Bureau has
reported up to 56.7 million people with disabilities live in
the community, totaling approximately 19 percent of the non-
institutionalized US population. The Centers for Disease
Control and Prevention (CDC) and Pew Research Center believe
that number is closer to 25 percent, or one in four
Americans. Further, the School of Management and Labor
Relations at Rutgers University projected that there were
38.3 million people with disabilities eligible to vote in the
US, one-sixth of the total American electorate, during the
2020 elections.
The disability community is diverse and people with
disabilities are a part of every community. People who
identify as LGBTQIA+ are more likely to have a disability. A
quarter or more of American Indians/Alaska Natives and Black
adults have a disability. People with disabilities are
disproportionately low-income, and are unemployed,
underemployed, or not participating in the workforce at a
rate of approximately three-fourths of adults with
disabilities, under the age of 65 living in the community.
Despite the size and diversity of the disability community,
America's electoral system remains largely inaccessible and
has a long history of excluding people with disabilities.
Inaccessible polling places, voting stations and vote by mail
systems are only some of the barriers voters with
disabilities face while trying to exercise their right to
vote in America every election cycle. In February 2021, the
Election Assistance Commission (EAC) and Rutgers University
released their report, ``Disability and Voting Accessibility
in the 2020 Elections'', which summarized their survey
results from last year's election cycle. The results found
that ``one in nine voters with disabilities encountered
difficulties voting in 2020,'' twice the rate of people
without disabillties. The report also found that 18 percent
of people with disabilities who voted in person last year had
difficulty with voting compared to 10 percent of people
without disabilities, while five percent of voters with
disabilities had difficulties using a mail ballot, compared
to two percent of voters without disabilities.
Despite the fact that the Americans with Disabilities Act
(ADA) was signed into law now almost 31 years ago, requiring
America's polling places be accessible to voters with
disabilities, the majority of polling places remain
inaccessible. The US Government Accountability Office (GAO)
surveys of polling place accessibility span 20 years. In
2000, GAO data indicated that only 16 percent of polling
places had an accessible path of travel from the parking area
to the voting booth. This percentage has slowly but steadily
increased to 27 percent in 2008 and to 40 percent in 2016. To
be clear, 40 percent is an all-time high in architectural
access, meaning that less than half of polling places were
compliant with federal law during the 2016 presidential
election.
Worse, GAO began to investigate the accessibility of voting
stations within polling places starting with the 2008 study,
during which only 54 percent of voting booths were determined
to be accessible in 2016, the prevalence of accessible voting
stations actually fell to a dismal 35 percent--a drop of 19
percentage points in just 2 presidential election cycles. GAO
found that voting booths were less likely to be set up to
ensure voter privacy, set up for wheelchair access, have
headphones readily apparent for audio balloting, or even be
turned on for voters to use. In their 2016 findings, GAO
combined architectural access data with voting booth data for
the first time and reported an astonishing 17 percent of
polling places are compliant with federal law and fully
accessible for voters with disabilities--fewer than 1 in 5.
Along with inaccessible polling places and inaccessible
voting stations, vote by mail systems are not, and have never
been, accessible to all voters with disabilities. People who
are blind or low vision, have print disabilities, limited
literacy, limited manual dexterity, and other disabilities
cannot privately and independently mark, verify, and cast a
hand marked paper mail-in ballot. Federal law is clear that
any option made available to voters must be accessible for
people with disabilities, including vote by mail.
As Congress continues to explore voting legislation to
strengthen American democracy, we urge you to protect the
rights of voters with disabilities. Legislation currently
being considered in the 117th Congress, such as H.R. 1, the
For the People Act, which includes several provisions that
will positively impact voters with disabilities. However, it
must be understood that the paper ballot mandate included in
the bill is of great concern to many voters with
disabilities.
Paper-based voting options have become the preferred voting
system to many who believe mandating the use of paper ballots
is necessary to ensure the security of our elections.
However, it must be made abundantly clear, that the ability
to mark, verify, and cast a paper ballot privately and
independently is currently not an option for all voters.
Given that paper ballots are already the predominant method
of casting a ballot in America today with extremely few
exceptions, mandating paper ballots is frankly unnecessary. A
federal mandate for paper ballots that are already being used
will not change how we currently administer elections in the
United States or make our elections any more secure.
Additionally, any mandate of a paper-based voting system will
inevitably create barriers for voters with disabilities. A
paper ballot mandate would: 1.) end all voting system
innovation and advancement to produce a fully accessible
voting system that provides enhanced security without relying
on archaic, inaccessible paper; 2.) limit voters with
disabilities' federal right to privately and independently
verify and cast their ballots, and 3.) ultimately segregate
voters with disabilities.
Further, any paper ballot mandate that entitles voters to a
hand marked ballot threatens the availability of Ballot-
Marking Devices (BMDs) for voters who rely on them to mark
their ballots by drastically limiting use of BMDs to voters
with disabilities. This would result in segregating voters
with disabilities away from the entire pool of voters by
making them the only group of people that use a particular
type of voting machine. Federally mandated segregation is
problematic alone, but in practice, it also increases the
likelihood that poll workers will not be properly trained on
the machine, the machines will not be properly maintained or
set up for use, and if the only available BMD is not
functioning, there is no alternative option for voters who
need it. Limits on BMD use will also saddle poll workers with
determining who is ``disabled enough'' to use the BMD, a
decision for which they have no qualifications or legal
right. Finally, if the ballot produced by the BMD is not
identical to the hand marked ballot or the BMD ballot cannot
be scanned and stored with hand marked ballots, the voter's
right to cast a private ballot is violated.
To be clear, no paper ballot voting system today, ready for
widespread use, is fully accessible. Even BMDs require voters
with disabilities to verify and a cast a paper-based ballot,
which does not ensure a private and independent vote. A fully
accessible voting system by Federal law must ensure the voter
can receive, mark, verify, and cast the ballot without having
to directly visually inspect or handle paper. Most, if not
all, market-ready voting systems cannot do this. Before
paper-based voting systems become the law of the land, the
concerns of voters with disabilities must be addressed.
Moving forward NDRN calls on Congress to continue to
examine and pass legislation that protects the rights of all
voters, including voters with disabilities. This includes,
but is not limited to, Congress accepting its role in
providing a continual funding stream to state and local
election officials for the purpose of making electoral
processes fully accessible. Congress must invest in research
and development and pilot projects, as well as funding to
states for the purchase of new accessible voting equipment.
Congress may also consider expanding the role of the U.S.
Election Assistance Commission to address accessible remote
voting in its creation of voting system guidelines and by
adding full time staff and additional seats on its advisory
boards for experts in elections accessibility with a focus on
voters with disabilities. Rather than overly prescriptive,
blanket mandates that create barriers for eligible voters,
our focus must be on fostering innovative solutions that make
our elections more accessible and more secure through
responsible use of technology.
NDRN thanks Congress for prioritizing strengthening
American democracy and we look forward to working with you to
ensure every voice, including the voice of the disability
community, is heard on Election Day.
Sincerely,
Curtis L. Decker,
Executive Director.

[[Page H987]]

____
John H. Merrill,

Secretary of State,

Montgomery, AL, February 22, 2021.
Hon. Chuck Schumer,
Majority Leader,
U.S. Senate, Washington, DC.
Hon. Nancy Pelosi,
Speaker of the House,
House of Representatives, Washington, DC.
Hon. Mitch McConnell,
Minority Leader,
U.S. Senate, Washington, DC.
Hon. Kevin McCarthy,
Minority Leader of the House,
House of Representatives, Washington, DC.
Dear Majority Leader Schumer, Minority Leader McConnell,
Speaker Pelosi, and House Minority Leader McCarthy: We are
writing you today to urge you to reject the ``For the People
Act'' otherwise known as H.R. 1 or S. 1, which is a dangerous
overreach by the federal government into the administration
of elections.
Each state legislature should have the freedom and
flexibility to determine practices that best meet the needs
of their respective states. A one-size-fits-all approach
mandated by Congress is not the solution to any of our
problems.
These bills intrude upon our constitutional rights, and
further sacrifice the security and integrity of the elections
process. We firmly believe the authority to legislate and
regulate these changes should be left with the states.
H.R. 1 and S. 1 blatantly undermine the extensive work we,
as election officials, have completed in order to provide
safe, accessible voting options for our constituencies. Many
of the proposed practices would reverse the years of progress
that has been made. We are strongly opposed to these bills
and hope you will dismiss efforts to advance this
legislation.
Thank you for your consideration and attention to this
matter,
John H. Merrill, Alabama Secretary of State; Kevin Meyer,
Alaska Lieutenant Governor; Brad Raffensperger, Georgia
Secretary of State; Lawrence Denney, Idaho Secretary of
State; Connie Lawson, Indiana Secretary of State; Scott
Schwab, Kansas Secretary of State; Michael Adams, Kentucky
Secretary of State; Kyle Ardoin, Louisiana Secretary of
State.
Michael Watson, Mississippi Secretary of State; Christi
Jacobsen, Montana Secretary of State; Bob Evnen, Nebraska
Secretary of State; Alvin A. Jaeger, North Dakota Secretary
of State; Steve Barnett, South Dakota Secretary of State; Tre
Hargett, Tennessee Secretary of State; Mac Warner, West
Virginia Secretary of State; Ed Buchanan, Wyoming Secretary
of State.
____

Ohio House of Representatives, Scott Wiggam, State
Representative,
February 25, 2021.
To: Ohio Federal Delegation
From: Ohio Representative Scott Wiggam, District 1, Ohio
House of Representatives

To the Ohio Federal Delegation: As a state legislator
elected to be a voice for the people of Ohio, I write to
express my opposition to H.R. 1/S. 1, an unconstitutional
takeover of citizens' right to free speech and association.
As elected officials, we both have a duty to represent our
constituents best interests and a responsibility to defend
the United States Constitution. Therefore, it is my
obligation to urge you to oppose the deceptively named ``For
the People Act.'' The legislation is ill-considered and
deeply unconstitutional, and I have seen firsthand the
chilling effects of the donor disclosure provisions that it
would enact.
As a member of the American Legislative Exchange Council, a
membership organization of state legislators dedicated to
principles of limited government, free markets and
federalism. In 2013, activists launched a campaign to reveal,
then harass and shame, the ALEC donor base. Their goal was
simple: Harassing ALEC donors and corporate members would
chill their participation with and support for the
organization, ultimately cutting off a funding source for
ALEC.
Worse, public elected officials used their platform to
heighten this threat of donor disclosure in order to further
intimidate ALEC supporters. In 2013, every company
tangentially associated with ALEC received an official letter
from US Senator Richard Durbin, demanding to know whether it
had ``served as a member of ALEC or provided any funding to
ALEC,'' with the intent of intimidating them. Durbin wrote
that he would read their responses into the official
Congressional record, forever memorializing their support and
creating a public target list for activists opposed to the
organization. Even the Chicago Tribune, the Senator's
hometown newspaper that had endorsed his candidacy, rebuked
Durbin's attempt at creating an ``enemies list'' by using
``his high federal office as a cudgel against his enemies.''
H.R. 1/S. 1 would institutionalize this harassment and
intimidation and extend it to all nonprofits, regardless of
their issue area or political persuasion. Whatever issues you
support or oppose, this should be of serious concern to you.
If this legislation is enacted, passionate activists on both
sides of the aisle would have access to a government-run
database of donors who give to every organization from ALEC
and the Family Research Council to the ACLU and Planned
Parenthood. Does anyone doubt that the blunt instrument of
donor disclosure in H.R. 1/S. 1 would put millions of
Americans' peace and livelihoods at risk of significant,
material harm?
These tactics are flimsy bureaucratic structures designed
to harass nonprofits and chill speech, despite fundamental
violations of the First Amendment. In keeping with today's
``cancel culture,'' H.R. 1/S. 1 is a government-sanctioned
attempt to chill speech and participation. ``Good
governance'' watchdogs argue this measure increases
``transparency.'' Transparency is good when applied to
government, but when it strips away Constitutionally
protected privacy for individuals, it is exceedingly
dangerous. For the federal government to expose our
constituents as supporters of any nonprofit's cause would be
an enormous overreach of centralized power.
If passed, the donor disclosure provisions in H.R. 1/S. 1
would bludgeon our democratic institutions and threaten the
safety and peace of our everyday constituents. It would
further normalize the darkness of ``cancel culture'' and
intimidation through overregulation in American society.
Therefore, we call on you to oppose H.R./S. 1.
Sincerely,

Representative Scott Wiggam,

District 1, Ohio House of Representatives,
Ohio ALEC State Chair.
____

National Association

of Attorneys General,

Washington, DC, August 10, 2020.
Re Support for the Edith Shorougian Senior Victims of Fraud
Compensation Act (S. 3487/H.R. 7620).

Hon. Mitch McConnell,
Senate Majority Leader,
Washington, DC.
Hon. Charles Schumer,
Senate Minority Leader,
Washington, DC.
Hon. Lindsey Graham,
Chair, Senate Judiciary Committee,
Washington, DC.
Hon. Dianne Feinstein,
Ranking Member, Senate Judiciary Committee, Washington, DC.
Hon. Nancy Pelosi,
Speaker of the House,
Washington, DC.
Hon. Kevin McCarthy,
House Minority Leader,
Washington, DC.
Hon. Jerry Nadler,
Chair, House Judiciary Committee,
Washington, DC.
Hon. Jim Jordan,
Ranking Member, House Judiciary Committee, Washington, DC.
Dear Leader McConnell, Speaker Pelosi, Leader Schumer,
Leader McCarthy, Chair Graham, Chair Nadler, Ranking Member
Feinstein, and Ranking Member Jordan: As our jurisdictions'
chief legal officers, we are writing to request the inclusion
of the Edith Shorougian Senior Victims of Fraud Compensation
Act (S. 3487/H.R. 7620) in COVID-19 relief legislation. This
bipartisan legislation, also known as ``Edith's Bill,'' would
amend the Victims of Crime Act of 1984 (VOCA) to include
victims of senior fraud as eligible for reimbursement by the
Crime Victims Fund for states that provide compensation to
victims. This bill will also amend VOCA so that penalties and
fines from deferred prosecution and non-prosecution
agreements, which can include white collar criminal conduct
against seniors, are deposited into the Crime Victims Fund.
We support inclusion of the full bill in COVID-19 relief
legislation.
Scam artists know that seniors are especially at risk from
COVID-19 and are exploiting the anxiety around this pandemic.
They are targeting seniors who are isolating at home and are
separated from their families and support networks.
The U.S. Department of Health and Human Services Office of
Inspector General has warned that fraudsters ``are offering
COVID-19 tests to Medicare beneficiaries in exchange for
personal details, including Medicare information.'' This is
unfortunately just one of many COVID-19 scams targeting
seniors.
Senior fraud scams can be devastating on a personal and
financial level. The Consumer Financial Protection Bureau
estimated in 2019 that elder financial exploitation cases
resulted in an average loss of over $40,000 and 7% of cases
resulted in a senior losing over $100,000. Many seniors live
on fixed incomes and savings earned over a lifetime of hard
work. Older adults have contributed so much to our nation,
and it is simply wrong that many are losing life savings to
criminals. Tragically, it is rare for seniors to receive
compensation even after fraudsters are caught and convicted.
Edith's Bill would take an important step in providing
compensation to defrauded seniors, and it would do so without
using taxpayer funds.
Throughout the country, attorneys general are fighting
senior fraud and abuse. In 2019, several state attorneys
general partnered with the U.S. Department of Justice and

[[Page H988]]

other federal partners to conduct the largest-ever nationwide
elder fraud sweep against perpetrators who had repeatedly
targeted seniors, resulting in losses of over $750 million.
Though this initiative was a tremendous success, the total
annual financial loss by elder abuse victims is estimated to
be well over $2.6 billion.
Further, with 1 in 5 Americans expected to be over the age
of 65 by 2030, an increase in scams and frauds targeting
seniors is widely expected. In Wisconsin alone, the number of
reported elder abuse cases has already more than tripled
since 2001. Edith Shorougian was one of those Wisconsin
victims. Edith was scammed out of more than $80,000 by her
longtime financial adviser. By using this legislation to add
senior fraud as an eligible reimbursement expense under VOCA,
states will be able to help victims like Edith receive the
financial relief they deserve. States would be incentivized
but not mandated by this legislation to provide compensation
to victims of senior fraud.
We join the AARP, National Coalition Against Domestic
Violence (NCADV), National Network to End Domestic Violence,
National Alliance to End Sexual Violence (NAESV), National
Children's Alliance, National Organization for Victim
Assistance (NOVA), Alzheimer's Association, Alzheimer's
Impact Movement, Elder Justice Coalition, Justice in Aging,
National Clearinghouse on Abuse in Later Life (NCALL), Public
Investors Advocate Bar Association (PIABA), Association of
Jewish Aging Services (AJAS), North American
Securities Administrators Association (NASAA), and Public
Citizen in supporting this important legislation. We look
forward to your continued partnership in protecting our
nation's seniors.
Sincerely,
Jeff Landry, Louisiana Attorney General; Steve Marshall,
Alabama Attorney General; Leslie Rutledge, Arkansas Attorney
General; Kathleen Jennings, Delaware Attorney General; Asley
Moody, Florida Attorney General; Leevin Taitano Camacho, Guam
Attorney General; Lawrence Wasden, Idaho Attorney General;
Curtis T. Hill, Jr., Indiana Attorney General; Joshua L.
Kaul, Wisconsin Attorney General; Kevin G. Clarkson, Alaska
Attorney General; Phil Weiser, Colorado Attorney General.
Karl A. Racine, District of Columbia Attorney General;
Christopher M. Carr, Georgia Attorney General; Clare E.
Connors, Hawaii Attorney General; Kwame Raoul, Illinois
Attorney General; Tom Miller, Iowa Attorney General; Derek
Schmidt, Kansas Attorney General; Aaron M. Frey, Maine
Attorney General; Maura Healey, Massachusetts Attorney
General; Lynn Fitch, Mississippi Attorney General; Douglas
Peterson, Nebraska Attorney General; Gordon MacDonald, New
Hampshire Attorney General.
Hector Balderas, New Mexico Attorney General; Wayne
Stenehjem, North Dakota Attorney General; Dave Yost, Ohio
Attorney General; Daniel Cameron, Kentucky Attorney General;
Brian Frosh, Maryland Attorney General; Keith Ellison,
Minnesota Attorney General; Eric S. Schmitt, Missouri
Attorney General; Aaron D. Ford, Nevada Attorney General;
Gurbir S. Grewal, New Jersey Attorney General; Josh Stein,
North Carolina Attorney General; Edward Manibusan, Northern
Mariana Islands Attorney General; Mike Hunter, Oklahoma
Attorney General; Ellen F. Rosenblum, Oregon Attorney
General; Ines del C. Carrau-Martinez, Acting Puerto Rico
Attorney General; Alan Wilson, South Carolina Attorney
General; T.J. Donovan, Vermont Attorney General; Robert W.
Ferguson, Washington Attorney General; Josh Shapiro,
Pennsylvania Attorney General; Peter F. Neronha, Rhode Island
Attorney General; Sean Reyes, Utah Attorney General; Mark R.
Herring, Virginia Attorney General; Patrick Morrisey, West
Virginia Attorney General.
____

February 9, 2021.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
House of Representatives, Washington, DC.
Hon. Chuck Schumer,
Majority Leader,
U.S. Senate, Washington, DC.
Hon. Kevin McCarthy,
Republican Leader,
House of Representatives, Washington, DC.
Hon. Mitch McConnell,
Republican Leader,
U.S. Senate, Washington, DC.
Dear Speaker Pelosi, Republican Leader McCarthy, Majority
Leader Schumer, and Republican Leader McConnell: We write out
of deep concern for the threat that the self-styled ``For the
People Act'' (H.R. 1 and S. 1 in the current Congress,
hereinafter the ``FPA'') poses to the long-standing
bipartisan structure of the Federal Election Commission
(``FEC'')--a concern based on our many years of experience as
commissioners of the FEC. The FEC is the federal agency
entrusted with primary interpretation, civil enforcement, and
administration of federal campaign finance laws.
The threat to bipartisanship in this federal agency should
be a concern for the public, but also for members of
Congress, who are among the most visible subjects of FEC
scrutiny. Candidates for federal office know that the FEC is
an intrusive presence in virtually every aspect of their
campaigns, requiring disclosure of detailed aspects of their
contributions and expenditures, initiating investigations,
subpoenaing witnesses and records, imposing civil penalties
for violations of its hundreds of pages of regulations, and
conducting audits of campaign committees selected by the
Commission to monitor compliance, among other actions.
We are all former members of the FEC. Collectively, we have
over six decades of service on the Commission. Most of us
served as Chair of the FEC, and at least one of us was
serving on the Commission at all times between 1998 and 2020.
The FPA, as introduced in the House, is 791 pages and
addresses virtually every aspect of election rules and
administration. Our comments here are limited to Titles IV
and VI in Division B of the Act. We address those provisions
because they concern the jurisdiction of the FEC, and our
comments specifically represent our combined expertise and
experience over decades of service on the Commission. Our
decision not to address provisions of the FPA changing
election administration outside of FEC jurisdiction, however,
should not be viewed as support for or acquiescence in those
proposals.
Title VI would transform the FEC from a bipartisan, six-
member body to a five-member body subject to, and indeed
designed for, partisan control. Proponents claim this radical
change is necessary to prevent ``deadlock'' on the Commission
and assure efficient operations. This perception of perpetual
deadlock is incorrect. Empirically, even the most extreme
study of FEC vote--that is, a vigorously contested, non-peer
reviewed study, conducted during a short period of relatively
high disagreement within the Commission, and not transparent
about its methodology or selection of votes--found a maximum
of 30 percent of enforcement matters ending in 3-3 votes. But
other studies, including peer-reviewed studies, have
consistently found much lower rates of ``deadlock,''
typically in the one to six percent range.
Moreover, the argument that the bipartisan makeup of the
Commission hinders its effectiveness is based on a
misunderstanding of the FEC's work and why deadlocks
occasionally occur. By definition, campaign finance law
inserts the government into partisan electoral disputes. In
our experience, the agency's bipartisan structure both
assures that the laws are enforced with bipartisan support
and equally important, that they are not perceived as a
partisan tool of the majority party--an electoral weapon, if
you will. ``The indispensable ingredient in the FEC's
creation was its bipartisan makeup,'' with an equal number of
members from each major party and a voting structure
requiring some minimal measure of bipartisan agreement before
an enforcement action went forward or a rule was adopted. As
Senator Alan Cranston (D-Calif.) explained during post-
Watergate Congressional debates about the agency's creation:
``We must not allow the FEC to become a tool for
harassment.'' Political actors who violate campaign finance
laws, and their partisans, are often quick to denounce
enforcement as a ``partisan witch hunt.'' The FEC's
bipartisan makeup is a direct response to this claim and is
fundamental to public confidence in the system.
Further, a neutral examination of the relatively few
``deadlocks'' that do occur reveals that a substantial
portion of them concern differences of opinion over the reach
of the statutes the FEC enforces. One bloc of three
commissioners has often reflected the views of activist
organizations that advocate for even more extensive
regulation, supporting an expansive view of the statutes that
goes beyond what Congress has enacted. In short, the
complaints about ``deadlocks'' come from the regulatory
activists who haven't gotten their way. They now seek to
change the bipartisan nature of the Commission, to smooth the
path for agency adoption of the more expansive regulations
they have unsuccessfully sought for years. Congress has
consistently declined to adopt those expansive objectives.
Similarly, in rule-making, the FEC's bipartisan structure
is a beneficial feature, not a defect. It demands that
commissioners work to reach consensus and compromise on
measures to achieve bipartisan support. If Congress wanted to
destroy confidence in the fairness of American elections, it
is hard to imagine a better first step than to eviscerate the
FEC's bipartisan structure.
But Title VI goes further. First, it allows the Chair, who
is appointed on a partisan basis by the President, to hire
and fire the FEC's General Counsel, a statutory position,
with the support of just two commissioners. Thus, this
crucial enforcement position can be filled with no bipartisan
agreement, as the Chair, the other commissioner from that
party, and an ``independent'' member appointed by a President
of the Chair's party, could make the decision. Further, it
places sole authority to hire or fire the Commission's Staff
Director, also a statutory position, in the hands of the FEC
Chair, not even requiring the support of an independent
commissioner. The Staff Director oversees the Commission's
Auditing, Reports Analysis, Administrative Fines, and
Alternative Dispute Resolution processes, which combined
handle far more enforcement matters than the Office of
General Counsel. Both the appearance and reality of
bipartisanship in enforcement is fundamental to the FEC's
success, and Title VI destroys both.
The FPA also makes startling changes in the FEC's
enforcement processes, perhaps no more so than in Sec. 6004
of Title VI. That section provides that, in the event the
Commission, after reviewing or investigating a complaint,
finds the respondent candidate, campaign, or other entity did
not violate the law, the complainant may sue in federal

[[Page H989]]

court. There, the matter will be reviewed de novo, with no
deference to the Commission's findings of law or fact. If,
however, the Commission finds that the respondent did violate
the law, and the respondent seeks to contest those findings
in court, the Commission's rulings will be afforded the
traditional deference given to administrative agencies by
courts of law. In short, while the American justice system
has traditionally erred in favor of the accused, so as to
protect the innocent and unjustly convicted, the FPA turns
the formula on its head, explicitly biasing the judicial
review process in favor of findings of guilt against
candidates, campaigns, and other defendants.
Furthermore, Section 6004 allows for the appointed General
Counsel to launch investigations and even determine matters
of guilt or innocence without any majority vote of the
Commission. It does this by sharply limiting the time the
commissioners have to consider a matter, and then
substituting the General Counsel's verdict for a vote of the
Commission.
Other changes in Title VI to the Commission's structure,
enforcement, and regulatory processes are similarly ill-
conceived.
In addition to our concerns about Title VI, the FPA also
includes a number of troubling, substantive changes to
campaign finance law. Most notably, we reiterate the concerns
previously expressed in 2010 by many of the signatories below
regarding the ``DISCLOSE Act,'' included in Title IV,
Subtitle B. The DISCLOSE Act is unnecessary, burdensome, and
would stifle constitutionally protected political speech.
Similarly, the ``Stand by Every Ad Act'' included in Title
IV, Subtitle D would make disclaimer regulation more complex,
have a chilling effect on speech, and provide little or no
information that is not already available to the public under
the Federal Election Campaign Act (``FECA'') and existing
Commission regulations. Indeed, in many cases, it would
mislead the public as to the sources of an ad's funding.
Subtitles F and G of Title IV aim to affirmatively clear
the way for the Internal Revenue Service (``IRS'') and the
Securities and Exchange Commission to become involved in
campaign finance regulation. This is contrary to the design
of the FECA, which gives the FEC primary civil enforcement
responsibilities and exclusive authority for administering
and interpreting the Act. These other agencies do not have
expertise in campaign finance law. Attempting to use the IRS
for campaign enforcement led to the scandal of 2013, which
tarnished that agency's reputation and public confidence in
its operations. Inviting other non-expert agencies into
campaign finance enforcement would create a likelihood of
inconsistent interpretations and applications of the laws and
increase the complexity of a regulatory system already famous
for its intricacy.
Based on our collective decades of experience at the FEC,
we believe that these, and several other provisions of Titles
IV and VI not specifically addressed here, would complicate
the law and hinder grassroots political speech and activism,
with little or no benefit to public accountability,
transparency, understanding of public policy, or reduction in
corruption.
Given these concerns, we are disturbed by recent news
reports that House Leadership plans to bring H.R. 1 directly
to the floor, bypassing committee consideration. We urge
members of Congress in both chambers to deliberately and
carefully consider this complex, nearly 800-page legislation,
with special attention paid to the bill's harmful impact on
First Amendment speech and association rights.
Most importantly, we believe that Title VI, by shifting the
Commission from a bipartisan, six-member body to a five-
member body subject to partisan control, would be highly
detrimental to the agency's credibility. It would lead to
more partisanship in enforcement and in regulatory matters,
shattering public confidence in the decisions of the FEC. The
Commission depends on bipartisan support and universal regard
for the fairness of its actions. The FPA frustrates these
goals with likely ruinous effect on our political system.
Thomas J. Josefiak, (1985-1991); Darryl R. Wold, (1998-
2002); David M. Mason, (1998-2008); Bradley A. Smith, (2000-
2005); Michael E. Toner, (2002-2007); Hans A. von Spakovsky,
(2006-2007); Matthew S. Petersen, (2008-2019); Caroline C.
Hunter, (2008-2020); Lee E. Goodman, (2013-2018).
____

December 1, 2020.

Crisis for the VOCA Crime Victims Fund

The Basics

Fact: The Victim of Crime Act's (VOCA) Crime Victims Fund
(CVF) is a non-taxpayer source of funding that supports
thousands of crime victims services providers serving
millions of victims of crime annually and is funded by
monetary penalties associated with federal criminal
convictions.
Fact: Deposits fluctuate annually based on the cases that
the Department of Justice successfully prosecutes.
Fact: Appropriators decide how much to release from the CVF
every year. Statutorily, this money funds specific DOJ
programs and state victim assistance grants and supplements
state victim compensation funds.
Fact: It is important to have money in the CVF to provide a
buffer for lean years. Unfortunately, if there are too many
lean years in a row, the CVF will not be able to provide that
buffer. That is the situation we are currently facing.

Lower Deposits Lead to Cuts in Grants

Fact: Deposits into the CVF are historically low. Deposits
the last three years have been $445 million, $495 million and
$503 million respectively--deposits have not been this low
since 2003. This decrease is caused in part by an increase in
the use of deferred prosecution and non-prosecution
agreements, the monetary penalties associated with which are
deposited into the General Treasury rather than the Crime
Victims Fund.
Fact: Lower deposits lead to lower releases. Appropriators
are justly cautious about depleting the CVF, and they are
reluctant to dip too deeply into the buffer the CVF provides,
particularly if they do not see indications that the CVF will
be replenished.
Fact: The amount coming off the top for non-victim service
grants is somewhat static, which means that the cuts to the
annual VOCA release disproportionately cut victim service
grants. Thus, the percentage cut to victim service grants is
larger than the percentage cut to the VOCA release.
Fact: State grants decreased in both FY'19 and FY'20,
reflecting the decreased deposits. The Senate bill cuts these
further. If the release was to reflect deposits without
drawing down the balance in the CVF to dangerously low
levels, assuming no transfers to fund other grants, victim
assistance grants to the states could be cut to as little as
approximately $200 million annually, only 10% of what went
out in FY'20.

The Impact

Fact: States are experiencing enormous cuts to their
awards. See table below.
Fact: Every state is at a different place in their grant
cycles. Some subgrantees have already seen cuts (ex. Ohio),
and some will see them in the next few years.
Fact: CACs receive between $150 and $200 million in VOCA
dollars annually, which is the largest single source of
funding for these programs. The cost of serving the more than
371,000 children they helped last year was $614 million. If
programs lose 70% of their funding, this would leave a $140
million deficit, equating to about 84,450 children.
Fact: Victim services in Ohio lost $55 million in 2020.
Rape crisis programs specifically lost over $7.5 million,
with individual programs losing between 32% and 57% (as well
as three 100% cuts) of VOCA funds. This will essentially cut
services in half, reducing survivor access to pre-2000
levels.

The Solution

Increase deposits into the Crime Victims Fund by depositing
monetary penalties associated with deferred prosecution and
non-prosecution agreements into the CVF as well as monetary
penalties associated with convictions.
For more information about the problem and the solution,
see this letter to Congress, signed by over 1,480 national,
state, tribal, and local organizations and government
agencies. The 56 State and Territorial Attorneys General also
sent a letter to Congress, addressing some of these same
issues.

Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. McCarthy). Hopefully, he will soon be
the majority leader or actually the Speaker of the House. He is not
part of that California corruption I mentioned earlier.
Mr. McCARTHY. Madam Speaker, this week Democrats are pushing partisan
legislation that would change how we conduct elections and how we can
speak about political issues. This legislation is the Democrats' most
pressing priority. Every single Democrat is a cosponsor.
Democrats made this bill H.R. 1, which is reserved for the bills the
majority thinks are the very most important.
Madam Speaker, you know--and those who are watching and those across
the country should understand--that when you become the majority, you
reserve the first 10 numbers for whatever you want them to be. So this
could have been H.R. 2, H.R. 3, H.R. 4, H.R. 5, H.R. 6, all the way up
to 10 or go on to any other number.
When I went out to talk to my constituents in the world of COVID who
are out of work and out of school, not one of them would think H.R. 1
would be something for politicians to protect themselves to get
reelected. But every single Democrat believes that is the case.
It wouldn't just be in my district, but I would say that if you talk
to any American, they would say: Back to work, back to school, and back
to health.
Madam Speaker, the priorities here are wrong. But it is not just
because the Speaker thinks it so, because every single Democrat
cosponsored this bill. It was bad when the Democrats introduced it
before COVID, and it is bad that they prioritize this over the children
going back to school, or people going back to work, or making sure
every American who wants a vaccine

[[Page H990]]

gets one. No. It shows the truth about what people think is the worst
about people in Congress. They prioritize themselves over everything
else.
Let's understand this bill. After a year of our country suffering
through a pandemic, the Democrats' first piece of legislation does not
help the millions of students still out of school, and it does not help
the 10 million Americans who are still unemployed. No. Democrat
legislation only helps themselves. Democrats want to use their razor-
thin majority, not to pass bills to earn voters' trust, but to ensure
they don't lose more seats in the next election.
Madam Speaker, I know the leadership on the other side predicted that
they would win 20 seats. They only lost. I know that this is the most
razor-thin majority the Democrats have seen in the last 100 years, so I
guess that is why it is the top priority for every single Democrat.
Now, there are problems with this bill, so let's understand it.
First, H.R. 1 sends public dollars to fund political campaigns. Yes.
Can you believe that, Madam Speaker?
Madam Speaker, it is the number one priority you got elected to
Congress to do. Forget everything else, I want to make sure I get more
taxpayer money to fund my own campaign. I have to make sure I get
reelected--not that the kids go back to school and not to distribute
vaccines--to create a slush fund so that politicians can run for
reelection.
Let me explain it to you, Madam Speaker. It is in the fine print.
Let's say someone donates $200 to a preferred candidate. Under H.R. 1,
taxpayers now must chip in not $200, but $1,200.
Where in the world can you get that type of return on your
investment?
That is amazing.
You talk somebody into giving you $200 for your campaign, Madam
Speaker, so the taxpayers now have to give you $1,200. No wonder you
made it the most important bill because it only focuses on you.
Democrats want to raise this money through new fines on corporations
which the government will use to pay for campaigns and political
consultants. I guess Democrats don't actually believe corporate money
is bad in politics.
Today, corporations can't give. I guess they found a loophole to help
them.
Second, H.R. 1 weakens the security of our elections by making it
harder to protect against voter fraud. This bill automatically
registers voters from the DMV and other government databases such as
food stamps. In most cases it would prevent officials from removing
ineligible voters from the rolls and make it harder to verify the
accuracy of voter information. Currently, an estimated 24 million voter
records across the country appear to be inaccurate or invalid, and as
we saw during the pandemic, this created chaos and confusion.
It doesn't matter if you are a Democrat, Republican, or Independent.
Everyone has a personal story of a friend, their family, or their
neighbor receiving a ballot they shouldn't have. Every one of those
stories erodes trust in election integrity. Yet, under H.R. 1, future
voters can be dead or illegal immigrants or maybe even registered two
to three times. I guess Democrats just don't care, as long as they get
reelected.

{time} 1045

Third, H.R. 1 rewrites election laws and imposes one-size-fits-all
partisan rules from Washington.
Under the Constitution, we generally defer to States and counties to
run elections. Democrats want to change that. First, they outlaw Dr.
Seuss, and now they want to tell us what to say.
They want to remove reasonable debates about early voting,
registration, and no-excuse mail-in balloting from the States and
counties and resolve them with a single Federal solution decided by the
whims of Washington. It is not unusual, because I know the committee is
also looking at, even though someone didn't win an election, appointing
somebody different in Congress.
They want to stop States from listening to their residents on the
very best way to protect ballot integrity, whether it is passing voter
I.D. laws or using basic safeguards like checking their voter rolls
against the Post Office change-of-address system.
They want to mandate no-excuse mail-in balloting and 15 days of early
voting as the post-pandemic norm.
Madam Speaker, in the last election, at least twice a week somebody
would send me a picture of the ballots that were mailed to their home
of people who had died or of people who had not lived there in 8 years.
This would guarantee that continues.
Fourth, H.R. 1 politicizes the Federal Election Commission by turning
it from an evenly divided commission into a partisan one. But they are
also going to create a speech czar.
Can you imagine? The Federal Election Commission has an even number
of Republicans and an even number of Democrats. You have the smallest
majority you have had in more than 100 years, so your number one
priority is to make sure you can't keep that bipartisan. Let's put our
thumb on the scale and make sure we get one more Democrat than
Republican. Then we can create a speech czar and tell people what to
say and what they can't say.
So they can't tell us in a bill we just passed that there is $140
million for a subway just outside the Speaker's office. That would be
wrong. But we also could get $200, but get $1,200 from the taxpayer.
Who wouldn't want this bill? Every single Democrat does.
H.R. 1 weaponizes the IRS--can you imagine that--by allowing the IRS
to consider an organization's political views before granting tax
exemptions. Now, they are going to pick and choose. You know, I thought
this was unbelievable until I read this document.
If you live in China and you want to fly on an airline, you can walk
up to the desk, you can have your money, but that doesn't determine
whether you get a ticket. You know what determines whether you get a
ticket? Your score; what you have said. And if you said something that
the government doesn't like, you can't fly on that plane. Unbelievable,
right? That could never happen in America.
Well, now we have a speech czar, we have made sure the Federal
Election Commission is where they are, and now we weaponize the IRS to
do exactly that.
Remember, under President Obama's IRS, this power was abused by Lois
Lerner and other bureaucrats to target conservative nonprofits during
the 2012 election. It was a massive scandal, a clear and intolerable
violation of public trust, and a crime, which is why singling out
groups for political views is banned.
One hundred thirty nonprofits wrote to Congress to strongly object to
H.R. 1. Why would nonprofits object to this? They said America should
be able to ``support causes we believe in without the fear of
harassment or intimidation.'' Well, I guess they are right, because if
this majority makes the number one issue--in a world of a pandemic,
unemployment, and kids out of school--the protection of themselves, I
would be afraid, too.
If you are serious about restoring public trust in government, the
ban must remain in place.
Madam Speaker, Democrats call H.R. 1 the For the People Act, but it
really should be called the for the politicians act. It is not designed
to protect Americans' vote. It is designed to put a thumb on the scale
in every election in America so that Democrats can turn a temporary
majority into permanent control. It is an unparalleled political grab.
I urge all my colleagues to oppose it.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from Ohio (Mr. Jordan), my good friend and the ranking
member of the Judiciary Committee.
Mr. JORDAN. Madam Speaker, which is it? For 3 months, the Democrats
told us the 2020 election was fine. There was no need for an
investigation. It was flawless. But, today, they tell us we need to
change election law with an 800-page bill. Think about it. We need all
of this? 800 pages to fix a flawless election? Maybe something else is
going on here.
Last year, COVID was the pretext for making changes to election law.
Partisan courts and partisan secretaries of State went around State
legislatures in an unconstitutional fashion and changed election law in
some States,

[[Page H991]]

and now they want to make sure those unconstitutional changes in a few
States become the law in all States. That is what this is about.
This isn't the first time Democrats have tried to have it both ways,
talked out of both sides of their mouth. Remember what they said.
Democrats said: Republicans tried to overturn the will of the people
on January 6, 2021, when we objected to six States.
But on January 6, 2017, they objected to ten states. The Democrat
chair of the Rules Committee objected to Alabama, a State President
Trump won by 30 points. The lead impeachment manager objected to
Florida, and the chairwoman of the Financial Services Committee
objected to Wyoming. For goodness sake, a State that President Trump
won by 40 points. They tried to overturn the will of the people in
Wyoming.
We know what this is about. This is about raw politics, and we should
all vote ``no.''
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the
gentleman from Alabama (Mr. Palmer), the chair of the Republican Policy
Committee and my good friend.
Mr. PALMER. Madam Speaker, if my Democrat colleagues were serious
about making elections fair and honest, they would start by enforcing a
law they passed, the National Voter Registration Act of 1993.
That law requires that every State and every county maintain accurate
voter files. Yet, the Pew Research Center reported that there are 24
million people improperly registered. 1.8 million of them are dead. 2.7
million are registered in more than one State. The State of Michigan is
105 percent registered to vote, with 16 counties that are between 110
and 119 percent registered. Pennsylvania has over 800,000 inactive
voters still on the State's voter registration files, and Los Angeles
County has 1.6 million more people registered to vote than live in the
county who are qualified to vote.
There are 17 Democrat Members still serving in this Congress who
voted for that law, including the Speaker and the majority leader. If
you were serious about cleaning up our elections, you would enforce
that law.
As if the Federal takeover of elections isn't enough, this bill would
also force taxpayers to foot the bill for campaigns.
Just a few weeks ago, the majority stripped my colleague, Marjorie
Taylor Greene, of her committee assignments. This week, though, they
seem to believe that even though she isn't allowed to serve on any
standing committees, she should receive taxpayer-financed campaign
contributions.
Based on the formula in this bill and what Representative Greene has
raised already, this bill would give her over $7 million. Every
Democrat who voted to strip her of her committee assignments has
cosponsored the bill that will send over $7 million of taxpayer money
to fund her reelection.
If this bill passes, it will create a ruling class and tremendously
undermine Americans' right to self-government. In fact, this bill
should be called for the permanent ruling class act.
No one who truly wants fair and honest elections, no one who wants
people to have faith that their vote counts, will vote for this bill.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, you can tell we have got
some dedicated Members of Congress here to debate this bill.
Madam Speaker, I yield 1 minute to the gentleman from New York (Mr.
Garbarino), my great friend and one of the newest Members of Congress.
Mr. GARBARINO. Madam Speaker, we are facing a growing public mistrust
of our electoral process.
In my district alone, over 800 ballots in Nassau County were sent out
in the wrong names and wrong addresses. In the school board election
this year, I received three ballots at my house, one for me and two for
the people who moved out 10 years ago.
On election day, all over my district, in Ronkonkoma, Seaford, and
Babylon, machines went down. Voters had to hand in their ballots, and
then they were misplaced.
I think all of us can agree that legislative fixes are needed. But
today, we are debating a bill, a partisan bill, whose sole aim is to
secure a Democratic majority.
This bill doubles down on problems that we saw during the 2020
election. Expanding mail-in voting--part of the problem. Legalizing
ballot harvesting--part of the problem. Eliminating State ID--now you
are just asking for a problem. Funding elections--I can think of a
million things that can be done before we fund elections.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Mrs. Steel), my good friend and another
freshman Member of our historic freshman class.
Mrs. STEEL. Madam Speaker, I rise today in support of free speech.
I also rise today to protect our constituents' taxpayer dollars.
This bill we are debating, H.R. 1, would federally mandate a 6-to-1
government match of contributions in congressional or presidential
campaigns. That means for every $200 donated to the campaign, the
Federal Government would match $1,200. That is $1,200 of our
constituents' hard-earned tax dollars sent to a campaign or candidate
that they may not even agree with or believe in.
In the upcoming 2022 election cycle, that means up to $7.2 million of
public funds, per candidate, would be given to the candidates. This is
not how the government should be spending our taxpayers' money.
H.R. 1 would also allow the IRS to investigate the political and
policy background of organizations before granting tax-exempt status.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield an additional 15
seconds to the gentlewoman from California (Mrs. Steel).
Mrs. STEEL. Madam Speaker, this is a slippery slope towards
discrimination against organizations. I urge my colleagues to vote
``no'' on this bill.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, may I inquire as to how
much time is remaining?
The SPEAKER pro tempore. The gentleman from Illinois has 30 seconds
remaining.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, vote ``no'' on this disastrous piece of legislation.
Obviously, the timekeeper didn't keep the time right; I should have
more.

Madam Speaker, I yield back the balance of my time.
Ms. LOFGREN. Madam Speaker, may I inquire as to how much time is
remaining?
The SPEAKER pro tempore. The gentlewoman from California has 5
minutes remaining.
Ms. LOFGREN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, there have been a number of statements made on the
floor today that were hair-on-fire inaccurate, and 5 minutes would not
be enough to actually correct the mistakes and the incorrect comments
that have been made, but let me just address a couple of them.
I keep hearing ``speech czar.'' I must confess, when I first heard
that, I thought, what the heck are they talking about? Then I looked at
the rhetoric, and it appears that there is an objection to section 603
of the bill, which allows the chair of the FEC and other commissioners
to take certain actions.
Now, it has nothing to do with being a speech czar. There is no
connection with that. To suggest that the FEC doing its job is somehow
becoming a speech czar is just not correct.
I have heard a lot of comments about the voucher program. People have
objected to our tax dollars being spent. Well, here is the good news:
There are no tax dollars being spent in this program. It is a pilot
project that allows for a matching system to see whether small donors
can actually empower more diversity and empower the voices of ordinary
Americans as compared to the big interests.

{time} 1100

It is not funded by taxpayer funds, and it is not funded from a
source that

[[Page H992]]

could be used for anything else in the government. It is an additional
penalty to corporations that have done wrong and are fined. There will
be an additional fine to fund this pilot project.
I have heard that somehow H.R. 1 would allow the IRS to go after
conservative groups. That is not true. Section 4501 simply repeals the
prohibition that prevents the IRS from examining the meaning of social
welfare in the context of 501(c)(4) organizations. That is about any
group that misuses the Tax Code for politics, pretending to be a social
welfare group, whatever their ideology. It never made sense to preclude
the IRS from doing this job. That would be like prohibiting the FEC
from administering the Federal elections code.
Voter ID: Members act as if that is just a piece of cake. Well, 11
percent of eligible voters in the United States don't have an ID, and
they can't get it because they don't have the money to pay for the
underlying documents that would be necessary to get that ID. And those
11 percent are disproportionately senior citizens, young people, people
with disabilities, low-income voters. So what is the alternative? They
sign under penalty of perjury. They can be prosecuted for a felony if
they are lying.
Ballot harvesting: There is no such thing as harvesting ballots. It
is about getting someone you trust to turn in your ballot for you if
you can't do it yourself. We have had that in California for many
years. I will note that Republican candidates used that extensively in
California this year. There was no evidence of fraud when they did it,
and there was no evidence of fraud when Democrats did it. You give your
ballot to your neighbor, if you wish. The neighbor has to sign, and
they turn it in for you. That is not fraud, and it is not a problem.
Finally, I just want to address the issue of so-called Federal
overreach. The Constitution of the United States, Article I, Section 4
says this: ``The times, places, and manner of holding elections for
Senators and Representatives shall be prescribed in each State by the
legislature thereof,'' but here is the important next section, ``but
the Congress may at any time by law make or alter such regulations.''
And that is what we are doing in H.R. 1.
I think it is interesting that earlier this year the Republican Study
Committee endorsed the Save Democracy Act. That legislation would
establish national standards for prohibiting automatic voter
registration, to make it hard to cast a ballot, to impose restrictive
rules on vote tabulation. So, I guess that overreach only matters to my
colleagues if it empowers voters, not if it restricts voters.
For too long, this Chamber has been silent, and this silence has
harmed the people. We need to stop that silence and vote ``yes'' on
H.R. 1.
Madam Speaker, I yield back the balance of my time.
Mr. POSEY. Madam Speaker, I rise today to express my strong
opposition to H.R. 1 and my great disappointment that the Majority
refused to allow my commonsense amendments to be offered to this bill.
This bill was written behind closed doors and though Members of
Congress offered over 180 amendments to improve this bill only 56 were
allowed to be offered on the House floor. That is a travesty for
Congress and the American people who want and deserve honest and
transparent elections.
While serving in the Florida Senate I was tasked with reforming
Florida's election laws following the 2000 election and chaos that
ensued. Having tackled election reform in the aftermath of an uncertain
election, I know firsthand how important it is to restore confidence
and eliminate existing grey areas that may lead to fraud or raise
questions about fairness.
Events surrounding the 2020 election raised questions from my
constituents about the operation and certification of voting machines
used throughout our state and the nation. Chief among those concerns
was whether our voting machines are connected to the internet and
vulnerable to manipulation through hacking. To answer these and other
questions I contacted the U.S. Election Assistance Commission which
certifies voting hardware and software for use in our elections.
In her letter to me, the Inspector General of the U.S. Election
Assistance Commission addressed this topic stating that the ``EAC
believes Michigan may use modem transmission features in at least some
of its Dominion voting systems.'' This is in direct conflict with
assertions by the maker of the Dominion Voting System who stated, ``. .
. Voting systems are by design meant to be used as closed systems that
are not networked meaning they are not connected to the Internet.''
To end the confusion on this issue and restore confidence in our
system, I filed an amendment that would prohibit voting systems from
being connected to the Internet; specifically, stating that no system
or device upon which ballots are programmed or votes are cast or
tabulated shall be connected to the Internet at any time. That would
ensure the integrity of voting machines. Unfortunately, that amendment
was not allowed to be debated and voted on.
My second amendment would ensure that election machines are fully
auditable--no longer would election officials and election equipment
providers deny full audits of elections due to proprietary software or
hardware. The American people have a right to a full audit of any
election to ensure the full integrity of elections. There is no good
reason to oppose this amendment but, again, it was not allowed to be
debated and voted on.
And, my third amendment would have prohibited the use of voting
systems produced by a foreign entity. It would also require all
components of the voting systems be manufactured and maintained in the
United States. Why should the votes of the American people be subject
to counting using foreign equipment that cannot be audited and that may
be connected to the Internet? My amendments would ban all three of
these things.
By denying elected Members of Congress a vote on these amendments,
Speaker Pelosi decided against providing full transparency and
accountability in our federal elections. This partisan bill should be
rejected.
Mr. PALMER. Madam Speaker, if my Democrat colleagues were serious
about making elections fair and honest they would start by enforcing a
law they passed--The National Voter Registration Act of 1993. That law
requires that every state and every county maintain accurate voter
files. Yet the Pew Research Center reported that there are 24 million
people improperly registered . . . 1.8 million are dead, 2.7 million
are registered to vote in more than one state. The state of Michigan is
105 percent registered to vote with sixteen counties with voter
registration between 110-119 percent.
Pennsylvania has over 800,000 inactive voters still on the state's
voter registration files and Los Angeles County had 1.6 million more
people registered to vote than people living in the county who are
qualified to vote. The failure to maintain accurate voter files is an
invitation for election fraud. If my Democrat colleagues are serious
about restoring confidence in our elections they should be pushing
states to comply with the law. There are 17 Democrat members still
serving in this Congress who voted for the National Voter Registration
Act including the Speaker and the Majority Leader. Why aren't they
pushing for cleaning up our voter registration files in every state?
As if the federal takeover of elections wasn't enough, this bill
would also force taxpayers to foot the bill for campaigns. Just a few
weeks ago the majority stripped my colleague Marjorie Taylor Greene of
her committee assignments. This week they seem to believe that though
she isn't allowed to serve on any standing committees she should
receive taxpayer financed campaign contributions. Based on the formula
in this bill and what Rep. Greene has raised already this bill would
give her over $7 million. Every Democrat who voted to strip Rep. Greene
of her committees has also co-sponsored the bill that would send over 7
million dollars to fund her re-election.
If this bill passes it will create a ruling class and tremendously
undermine Americans' right to self-government. In fact, this bill
should be called the For The Permanent Ruling Class Act. No one who
truly wants fair and honest elections, No one who wants the American
people to trust our elections, to have faith that their vote counts,
will vote for this bill.
Ms. ESHOO. H.R. 1, For the People Act, is one of the most important
bills Congress can consider because it strengthens and reforms our
democracy at a time in history when it is especially fragile. This
sweeping legislation is divided into three sections: voting, campaign
finance, and ethics. Its numerous provisions expand voting rights,
diminish the corrosive influence of money in politics, and bolster
ethics and transparency to ensure government works for the people.
Voting is a fundamental right in a democracy, and H.R. 1 will expand
voter rolls by requiring every state to adopt automatic and same-day
voter registration, just as California has. The bill ends partisan
gerrymandering by requiring states to adopt independent redistricting
commissions and makes it easier to vote by expanding early voting and
allowing every American to vote by mail, just as millions did last
November during the pandemic.
H.R. 1 reforms our campaign finance system to address the disastrous
Citizens United decision that opened the floodgates to unlimited
contributions from anonymous donors. The legislation establishes a
public Fair Elections Fund to match small dollar donations,

[[Page H993]]

strengthens Federal Election Commission (FEC) oversight of Super PACs,
and requires ``dark money'' independent expenditure groups to disclose
their donors just as candidates and Super PACs must do.
Lastly, the bill holds public officials accountable by closing
lobbyist registration loopholes, strengthens conflict of interest
rules, and empowers the Office of Government Ethics to better enforce
ethics laws.
I'm very proud that H.R. 1 includes two major provisions I authored.
The bill includes my Presidential Tax Transparency Act which requires
the president and vice president to publicly release their tax returns
annually. It also requires major party candidates for both offices to
release ten prior years of tax returns within 15 days of accepting
their party's nomination. Tax returns contain vital information such as
whether a candidate has paid any taxes; what assets they own; if
they've borrowed money and from whom; whether they've taken advantage
of tax loopholes and offshore tax shelters; and whether they have
foreign bank accounts. The disclosure of a presidential candidate 's
tax returns is particularly important because the American people
should be able to vet their finances before the election.
For decades, presidents and presidential candidates voluntarily
released their tax returns. I introduced the Presidential Tax
Transparency Act in 2016 when this bipartisan tradition was abandoned
and it became clear that we could no longer rely on voluntary
disclosure. Presidential candidates must be held to the highest
standards of transparency to ensure confidence that they will work
solely for the interests of the American people, not their own
financial gain.
I'm also pleased that H.R. 1 establishes Election Day as a federal
holiday. I've introduced similar legislation with Rep. Donald McEachin
in the past three Congresses to give Americans the time off they need
to vote and participate in our democracy. U.S. voter turnout in 2020
was the highest in over a century, but it consistently lags behind
turnout in other established democracies, many of which vote on a
weekend or holiday. While there are many factors that influence voter
turnout, making Election Day a federal holiday will make voting easier
and give Americans an opportunity to celebrate the importance of civic
engagement and participation in the proud American tradition of self-
governance.
H.R. 1 includes all of these important reforms and many others, and
I'm proud to vote in favor of this critical legislation.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part B of House Report 117-9 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 179, shall be considered only in the order printed
in the report, may be offered only 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, may be withdrawn by the proponent at any time before
the question is put thereon, 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 further amendments printed in part B of House Report 117-
9, 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 respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.

Amendments En Bloc No. 1 Offered by Ms. Lofgren of California

Ms. LOFGREN. Madam Speaker, pursuant to House Resolution 179, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 4, 5,
7, 8, 9, 10, 11, 15, 16, 17, 20, and 21, printed in part B of House
Report 117-9, offered by Ms. Lofgren of California:

Amendment No. 1 Offered by Ms. Scanlon of Pennsylvania

Page 169, insert after line 14 the following:
``(3) College campuses.--The State shall ensure that
polling places which allow voting during an early voting
period under subsection (a) will be located on campuses of
institutions of higher education in the State.''.

Amendment No. 2 Offered by Ms. Adams of North Carolina

Page 222, line 22, insert ``, including initiatives to
facilitate the enfranchisement of groups of individuals that
have historically faced barriers to voting'' before the
period.

Amendment No. 3 Offered by Ms. Adams of North Carolina

Page 94, after line 21, insert the following:
(2) a description of how the agency will prioritize access
to such initiatives for schools that serve--
(A) the highest numbers or percentages of students counted
under section 1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)); and
(B) the highest percentages of students who are eligible
for a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
(which, in the case of a high school, may be calculated using
comparable data from the schools that feed into the high
school), as compared to other public schools in the
jurisdiction of the agency;
Page 94, line 22, strike ``(2)'' and insert ``(3)''.
Page 94, line 24, strike ``(3)'' and insert ``(4)''.

Amendment No. 4 Offered by Ms. Adams of North Carolina

Page 223, line 10, insert ``Of the funds appropriated, the
Secretary shall ensure that 25 percent is reserved for
Minority Institutions described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).'' after
the period.

Amendment No. 5 Offered by Ms. Adams of North Carolina

Page 181, after line 8, insert the following:
(3) Same-day processing.--The United States Postal Service
shall ensure, to the maximum extent practicable, that ballots
are processed and cleared from any postal facility or post
office on the same day the ballots are received at such a
facility or post office.

Amendment No. 7 Offered by Mr. Auchincloss of Massachusetts

Page 210, line 18, strike ``and''.
Page 210, after line 18, insert the following new
subparagraph (and redesignate the succeeding subparagraph
accordingly):
(D) provide assurances that the State will dedicate poll
worker recruitment efforts with respect to youth and minors,
including by recruiting at institutions of higher education
and secondary education; and

Amendment No. 8 Offered by Mr. Auchincloss of Massachusetts

Page 119, beginning line 15, strike ``based on the race''
and insert ``based on the age, race''.

Amendment No. 9 Offered by Offered by Ms. Bourdeaux of Georgia

Page 184, insert after line 6 the following (and
redesignate the succeeding provisions accordingly):
``(h) Prohibiting Certain Restrictions on Access to Voting
Materials.--
``(1) Distribution of absentee ballot applications by third
parties.--A State may not prohibit any person from providing
an application for an absentee ballot in the election to any
individual who is eligible to vote in the election.
``(2) Unsolicited provision of voter registration
applications by election officials.--A State may not prohibit
an election official from providing an unsolicited
application to register to vote in an election for Federal
office to any individual who is eligible to register to vote
in the election.''.
Page 251, insert after line 18 the following:
``(C) The State shall ensure that the number of drop boxes
provided is sufficient to provide a reasonable opportunity
for voters to submit their voted ballots in a timely
manner.''.
Page 252, line 9, strike ``and''.
Page 252, line 13, strike the period and insert ``; and''.
Page 252, insert after line 13 the following:
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a
timely manner''.
Page 253, insert after line 13 the following (and
redesignate the succeeding provision accordingly):
``(i) Remote Surveillance Permitted.--The State may provide
for the security of drop boxes through remote or electronic
surveillance.''.''.

Amendment No. 10 Offered by Mr. Brendan F. Boyle of Pennsylvania

Page 88, after line 8, insert the following:

SEC. 1055. PERMISSION TO PLACE EXHIBITS.

The Secretary of Homeland Security shall implement
procedures to allow the chief election officer of a State to
provide information about voter registration, including
through a display or exhibit, after the conclusion of an
administrative naturalization ceremony in that State.

Amendment No. 11 Offered by Mr. Brown of Maryland

Page 45, insert after line 13 the following (and
redesignate the succeeding provision accordingly):

SEC. 1006. PERMITTING VOTER REGISTRATION APPLICATION FORM TO
SERVE AS APPLICATION FOR ABSENTEE BALLOT.

Section 5(c)(2) of the National Voter Registration Act of
1993 (52 U.S.C. 20504(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:

[[Page H994]]

``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election
for Federal office held in the State and in each subsequent
election for Federal office held in the State.''.

Amendment No. 15 Offered by Ms. Bush of Missouri

Page 250, line 9, strike ``and''.
Page 250, line 11, strike the period and insert ``; and''.
Page 250, insert after line 11 the following:
``(C) by homeless individuals (as defined in section 103 of
the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C.
11302)) of the State.''.

Amendment No. 16 Offered by Mr. Case of Hawaii

At the end of subtitle I of title I, insert the following
(and conform the table of contents accordingly):

SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCEDURES.

(a) Study.--The Election Assistance Commission shall
conduct a study on the 2020 elections and compile a list of
recommendations to--
(1) help States transitioning to vote-by-mail procedures;
and
(2) improve their current vote-by-mail systems.
(b) Report.--Not later than January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on
the study conducted under subsection (a).

amendment no. 17 offered by Ms. Castor of Florida

Page 681, line 2, strike ``or''.
Page 681, line 7, strike the period and insert ``; or''.
Page 681, insert after line 7 the following:
``(C) in the case of an individual who becomes an agent of
a foreign principal that would require registration under
section 2 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 612), before the date on which such
individual becomes such an agent of a foreign principal.''.
Page 681, line 14, strike ``1995)'' and insert the
following: ``1995, or, in the case of an individual described
in subparagraph (C) of such paragraph, the date on which the
individual becomes a registered agent of a foreign principal
under the Foreign Agents Registration Act of 1938, as
amended)''.

Amendment No. 20 Offered by Mr. DeSaulnier of California

After subtitle H of title III, insert the following (and
redesignate the succeeding subtitle accordingly):

Subtitle I--Study and Report on Bots

SEC. 3801. SHORT TITLE.

This subtitle may be cited as the ``Bots Research Act''.

SEC. 3802. TASK FORCE.

(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Election Assistance Commission,
in consultation with the Cybersecurity and Infrastructure
Security Agency, shall establish a task force to carry out
the study and report required under section 3803.
(b) Number and Appointment.--The task force shall be
comprised of the following:
(1) At least 1 expert representing the Government.
(2) At least 1 expert representing academia.
(3) At least 1 expert representing non-profit
organizations.
(4) At least 1 expert representing the social media
industry.
(5) At least 1 election official.
(6) Any other expert that the Commission determines
appropriate.
(c) Qualifications.--The Commission shall select task force
members to serve by virtue of their expertise in automation
technology.
(d) Deadline for Appointment.--Not later than 90 days after
the date of enactment of this Act, the Commission shall
appoint the members of the task force.
(e) Compensation.--Members of the task force shall serve
without pay and shall not receive travel expenses.
(f) Task Force Support.--The Commission shall ensure
appropriate staff and officials of the Commission are
available to support any task force-related work.

SEC. 3803. STUDY AND REPORT.

(a) Study.--The task force established in this subtitle
shall conduct a study of the impact of automated accounts on
social media, public discourse, and elections. Such study
shall include an assessment of--
(1) what qualifies as a bot or automated account;
(2) the extent to which automated accounts are used;
(3) how the automated accounts are used; and
(4) how to most effectively combat any use of automated
accounts that negatively effects social media, public
discourse, and elections while continuing to promote the
protection of the First Amendment on the internet.
(b) Task Force Considerations.--In carrying out the
requirements of this section, the task force shall consider,
at a minimum--
(1) the promotion of technological innovation;
(2) the protection of First Amendment and other
constitutional rights of social media users;
(3) the need to improve cybersecurity to ensure the
integrity of elections; and
(4) the importance of continuously reviewing relevant
regulations to ensure that such regulations respond
effectively to changes in technology.
(c) Report.--Not later than 1 year after the establishment
of the task force, the task force shall develop and submit to
Congress and relevant Federal agencies the results and
conclusions of the study conducted under subsection (a).

Amendment No. 21 Offered by Ms. Escobar of Texas

Page 397, insert after line 7 the following:

SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE FROM
LIMITATIONS ON AMOUNT OF COORDINATED POLITICAL
PARTY EXPENDITURES.

(a) Exemption.--Section 315(d)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) is amended--
(1) by striking ``(5)'' and inserting ``(5)(A)'';
(2) by striking the period at the end and inserting ``, or
to expenditures (whether provided as funds or provided as in-
kind services) for secure information communications
technology or for a cybersecurity product or service or for
any other product or service which assists in responding to
threats or harassment online.''; and
(3) by adding at the end the following new subparagraph:
``(B) In subparagraph (A)--
``(i) the term `secure information communications
technology' means a commercial-off-the-shelf computing device
which has been configured to restrict unauthorized access and
uses publicly-available baseline configurations; and
``(ii) the term `cybersecurity product or service' means a
product or service which helps an organization to achieve the
set of standards, guidelines, best practices, methodologies,
procedures, and processes to cost-effectively identify,
detect, protect, respond to, and recover from cyber risks as
developed by the National Institute of Standards and
Technology pursuant to subsections (c)(15) and (e) of section
2 of the National Institute of Standards and Technology Act
(15 U.S.C. 272).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to expenditures made on or after the
date of the enactment of this Act.

The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from California (Ms. Lofgren) and the gentleman from
Illinois (Mr. Rodney Davis) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LOFGREN. I yield myself such time as I may consume.
Madam Speaker, this bloc of amendments provides important additions
to H.R. 1 that strengthen the bill and enhance voter access.
This bloc includes, for example, an amendment from the gentlewoman
from Pennsylvania that requires States to ensure that there are polling
places during the early voting period on college campuses. This will
help young people to engage in our elections and will likely help boost
youth turnout.
It also includes an amendment from the gentlewoman from North
Carolina that will help ensure the timely delivery of absentee ballots
by the Postal Service. It calls for the Postal Service to perform same-
day processing of ballots when they are received at a postal facility.
Also included is an amendment from the gentlewoman from Georgia that
supports access to the franchise. It implements voter protections by
ensuring that States cannot prohibit access to voting materials
provided by third parties, such as get-out-the-vote organizations.
There is also an amendment from the gentleman from Pennsylvania that
allows for voter education information at naturalization ceremonies for
newly sworn-in citizens. That will help educate and inform new citizens
about the opportunities to register to vote.
Finally, there is an amendment from the gentlewoman from Texas that
exempts cybersecurity assistance, including assistance in responding to
threats or harassment online, from limits on coordinated political
party expenditures.
Madam Speaker, I support these amendments. I urge their adoption, and
I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, we have so much
opposition on our side to this bill. I yield 1\1/2\ minutes to the
gentleman from Georgia (Mr. Carter), my good friend, since we ran out
of debate time on general debate.
Mr. CARTER of Georgia. Madam Speaker, I rise today in opposition to
the underlying bill. This legislation masquerades as a fix to the
country's election concerns. However, that couldn't be further from the
truth.
This bill relaxes ethics requirements with a change in
administration. It forces taxpayers to subsidize elections and election
outreach. It compromises

[[Page H995]]

States' rights and leaves Washington as the arbiter of managing
elections, which runs against the Constitution. It would limit free
speech and weaken the First Amendment protections that everyone here
holds in such high regard.
This legislation compromises State voter ID integrity laws and moves
to roll back the important work that has been done in this space. It
alters the Federal Election Commission's makeup and effectively limits
any bipartisan consensus or work that can be done.
This isn't a bipartisan bill intended to unite the country and mend
concerns about elections. No, this is another partisan package that was
rushed to the floor and, subsequently, could have serious consequences
for our constituents and our Nation.
This bill will weaken what many States are doing to improve election
security and establishes a dangerous precedent for the involvement of
Federal agencies in election issues.
For these reasons, Madam Speaker, I urge my colleagues to oppose the
underlying bill.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentleman from
Massachusetts (Mr. Auchincloss), a new member of the House who has two
amendments encompassed in this en bloc amendment.
Mr. AUCHINCLOSS. Madam Speaker, I rise today in support of H.R. 1,
the For the People Act, to restore integrity and ethics in our
electoral process.
To strengthen the bill, I have offered two amendments to empower
younger generations to work together to tackle the challenges that will
define our lifetimes. Climate change, gun violence, and reproductive
rights energize and galvanize younger Americans. The right to vote is
how they are heard and how they make change. My amendments will expand
and protect this right for young people.
The For the People Act must live up to its name, and I am proud to
offer these amendments that reinforce the importance of a democracy
that brings all Americans, regardless of age, race, gender identity, or
income, to the ballot box to cast their votes.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1\1/2\ minutes
to the gentleman from Ohio (Mr. Gonzalez), my good friend, who, in
spite of once being an Ohio State Buckeye and an Indianapolis Colt, it
took him coming to Congress to finally win a football championship.
Mr. GONZALEZ of Ohio. Madam Speaker, I rise in opposition to this en
bloc amendment and H.R. 1, the so-called For the People Act.
It is hard to know exactly where to begin when considering how
misguided this bill truly is. If this bill becomes law, we will have
nationwide universal mail-in balloting, ballot harvesting, and
taxpayer-funded elections where for every $1 of contribution from an
individual, the Federal Government will kick in $6. Additionally, this
bill eliminates the voter ID laws in all 50 States and effectively
eliminates signature matching.
The sad truth is that there are things that we could be doing on a
bipartisan basis to improve our election process. In the last Congress,
many of my Democratic colleagues supported auditing of election
results. I agree and believe we could find genuine compromise on that
important point.
It is for all these reasons and many, many more that I urge my
colleagues to oppose H.R. 1. It is a bad bill.
Madam Speaker, I would like to remind my friend from Illinois that if
it weren't for my participation, I don't know that we would have won
that game.

Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. The gentleman is right. We really did
enjoy having him on that bipartisan congressional football championship
team.
Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from
Oklahoma (Mrs. Bice), another star member of this freshman class.
Mrs. BICE of Oklahoma. Madam Speaker, I rise in opposition to the
package of en bloc amendments. These amendments continue to go down a
path that is partisan and unnecessary.
I also strongly oppose the underlying bill, H.R. 1, the so-called For
the People Act.
Madam Speaker, H.R. 1 would retract the hard work that States such as
Oklahoma have done to improve our election laws.
When I served in the Oklahoma State Legislature, we implemented
requirements to ensure the security of our elections in our State.
However, H.R. 1 includes a Federal mandate that would take away the
ability of States to oversee and manage their own elections.
Madam Speaker, I include in the Record a letter from Paul Ziriax, the
secretary of the Oklahoma State Election Board, in which he raises
serious concerns that H.R. 1 would supersede most of Oklahoma's
election laws.

Oklahoma State Election Board,

Oklahoma City, OK, February 25, 2021.
Hon. Jim Inhofe, United States Senator.
Hon. James Lankford, United States Senator.
Hon. Kevin Hern, United States Representative, District 1.
Hon. Markwayne Mullin, United States Representative, District
2.
Hon. Frank Lucas, United States Representative, District 3.
Hon. Tom Cole, United States Representative, District 4.
Hon. Stephanie Bice, United States Representative, District
5.
To the Honorable Members of the Oklahoma Congressional
Delegation: As Oklahoma's chief election official, I am
writing to make you aware of my concerns regarding H.R. 1, as
introduced in the U.S. House of Representatives, and its U.S.
Senate companion, S. 1.
H.R. 1's election administration component would result in
an unnecessary federal takeover of election administration
policy across the nation. One sponsor's stated goal of this
legislation is to ``overcome rampant voter suppression''--yet
I have seen no evidence of such rampant ``suppression'' here
in our state.
H.R. 1 would supersede most of Oklahoma's election
administration and election integrity laws, making our
elections less secure, more complicated to administer, and
much more expensive to conduct. Although H.R. 1 claims to
only apply to ``federal'' elections, almost all elections
here could be affected because Oklahoma's state and county
elections are held on the same dates as federal elections.
Although the concerns with H.R. 1 are too numerous to
provide an exhaustive list in this letter, there are some
fairly amazing levels of micromanagement of elections in this
legislation: from requiring ``self-sealing'' return
envelopes, to setting the number of days of ``early'' voting,
to mandating that new state voting systems be capable of
``ranked choice'' elections, to dictating how close voting
locations must be to public transportation stops.
H.R. 1 is incompatible with many of Oklahoma's existing
state laws. For example, Oklahoma law requires that federal
elections must be certified one week after the date of the
election. But H.R. 1 disregards such deadlines, requiring
absentee ballots to be accepted and counted 10 days after
Election Day--which is three days after the state must
certify the election results.
This legislation takes direct aim at Oklahoma's existing
election integrity laws, making it virtually impossible for
election officials to verify the identity of in-person and
mail absentee voters, requiring states to allow untrackable
absentee ballot harvesting, mandating voter registration by
telephone, and making it nearly impossible to prevent double
voting by allowing voters to vote anywhere in the state
whether they are registered to vote at that location or not.
In an H.R. 1 world, Oklahoma election officials would have no
means to reassure the electorate that an election is fraud-
free.
Other provisions will add great uncertainty to elections in
Oklahoma, such as the requirement that tribal leaders can
determine certain voting locations on tribal land--which
given the recent U.S. Supreme Court's McGirt decision, might
be interpreted as most of the State of Oklahoma.
Finally, H.R. 1 does not include realistic timelines for
implementing its election administration changes. By our
estimation, implementing even a few of its major provisions
might take years--yet H.R. 1 demands that dozens of major new
election administration policies and technologies be put in
place in time for the 2022 elections. This is setting up
election officials for failure, and I fear that many
experienced election administrators in our state may quit or
retire rather than attempting the near-impossible task of
implementing the provisions of H.R. 1 should it become law.
There are legitimate disagreements about election policies.
In fact, most states have very different election procedures.
This is by design. Under the Constitution and our federal
system of government, it is the responsibility of State
Legislatures to determine the time, manner and place of
elections. Congress should not attempt to implement a one-
size-fits-all set of election rules for the states. For this
reason, it seems likely that the enactment of H.R. 1 would
almost certainty lead to costly and lengthy litigation.
If you or your staff would like to discuss this issue
further, please feel free to contact me. Thank you.
Sincerely,
Paul Ziriax, Secretary,
Oklahoma State Election Board.
Mrs. BICE of Oklahoma. Madam Speaker, the Constitution is clear that

[[Page H996]]

States prescribe the time, places, and manner of holding elections.
While the majority claims that this is a bill to reform our political
system, the reality is that the changes in this bill would likely lead
to a greater incidence of voter fraud and would deprive States of the
right to oversee the administration of their own elections.
Ms. LOFGREN. Madam Speaker, I continue to reserve the balance of my
time.
Mr. RODNEY DAVIS of Illinois. It is interesting that during this same
debate 2 years ago, we had many in the majority come talk about this
bill. I would say they must feel a little bit different this time.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Wisconsin
(Mr. Fitzgerald), another mediocre--I mean, a star freshman of our
historic class and my good friend.
Mr. FITZGERALD. Madam Speaker, I rise in objection to H.R. 1, the so-
called For the People Act.
Contrary to the title, the bill puts politicians ahead of the
American people and codifies nationwide election changes made last year
that shook the faith of Americans in the integrity of our elections.
When Americans vote, they put faith in the idea that our system of
government gives them a voice in our democracy. If this faith is
betrayed and Americans become skeptical of their vote, the trust our
system is built upon collapses, and they do not want it to collapse.
The bill would take us down this very path of losing trust by taking
constitutionally granted authority out of the hands of the States and
local officials and destroying the safeguards of election integrity.
For example, not only would this bill do nothing to address ballot
harvesting, but it would take the practice nationwide. We have seen the
irregularities created by this practice and how ballot harvesting
allows manipulation and intimidation in several elections across this
country.

{time} 1115

In the 2020 election, this happened in Wisconsin, where ballot
harvesting is not supposed to be permitted. In those instances, voter
registration and absentee ballots were completed and collected in
unsecured outdoor areas prior to the date allowed under State law.
I am also proud to have implemented strong voter ID laws during my
time in the Wisconsin Legislature. Unfortunately, over the past year, I
saw those protections steamrolled under the guise of the pandemic,
allowing over 200,000 voters to submit a ballot without showing an ID.
This bill would permanently open the floodgates by forcing States to
allow individuals to vote without an ID simply by signing a statement,
effectively banning State voter ID laws.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield an additional 15
seconds to the gentleman from Wisconsin.
Mr. FITZGERALD. As elected officials, we have a duty to maintain the
faith of our voters in the integrity of our elections.
Madam Speaker, for these reasons, I urge a ``no'' vote on this bill.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, here we are again with more Federal election mandates
that the majority would impose on our States and localities. Article I,
Section 4 of the Constitution gives States the primary authority to set
the ``times, places, and manner of holding elections for Senators and
Representatives.''
Congress' role in this space is purely secondary and reserved only
for correcting highly significant and substantial deficiencies. We saw
nothing in 2020 that would rise to the level of a complete and total
nationalization of our election system.
To give you some sense of the level of control the majority feels it
should exert over our elections, amendments in this en bloc would
mandate even the positioning of ballot drop boxes and polling
locations. It would also mandate voters' requests for absentee ballots
and the methods used for recruiting poll workers.
The underlying bill would require States to provide 15 days of early
voting at 10 hours a day, even in States that conduct their elections
completely by mail.
The underlying bill would regulate the amount of time a voter could
wait in line to vote. Here is the deal: No one wants any voter to wait
in a long line to vote, but setting aside the constitutional issues for
a second, do we really think this body can make a one-size-fits-all
decision that works for the unique people who live in each of our
diverse 50 States?
This provision, coupled with the bill's private right of action,
would simply set up a stopwatch stakeout at polling locations for
ambulance-chasing trial attorneys.
States run elections in this country. I urge each of my colleagues to
speak with their State's secretary of state or chief election officials
and local election officials. Learn from the people who actually
administer elections. State and local election administrators know best
the needs of their voting population.
I speak with secretaries of state from across the country regularly
to keep up to date on election issues. Just last week, at the only
hearing held in this Congress on the underlying bill, the minority
called the only witness who had even ever administered an election. So
I know many of my colleagues could benefit from learning more about
their State's election processes.
For these reasons, I urge a ``no'' vote on these amendments and the
underlying bill.
Madam Speaker, I reserve the balance of my time.
Ms. LOFGREN. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from Missouri (Ms. Bush), a new Member of Congress and a
member of the House Judiciary Committee, who I serve with.
Ms. BUSH. Madam Speaker, St. Louis and I rise today in support of the
en bloc amendment to H.R. 1, the For the People Act.
Our country's unhoused community members are criminalized,
disregarded, and demonized. I have been unhoused and, in those bleak
days, I felt as though my own government had forsaken me.
My amendment to expand voting access to our unhoused community is
rooted in love, a love that says you do not need an address for your
vote to matter.
We must ensure our unhoused community members and our neighbors are
protected from States that want to suppress their votes.
Madam Speaker, I urge a ``yes'' vote.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I see we have a new
clock watcher. How much time do we have remaining?
The SPEAKER pro tempore. The gentleman from Illinois has 1\1/2\
minutes remaining. The gentlewoman from California has 7\1/4\ minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, we can't say much more about how bad this bill is.
Just the distortions, the mistruths, and just obvious malicious errors
coming from the majority about what this bill does is frustrating.
Last Congress, when this bill was introduced, this bill started
funding Members of Congress' campaigns with taxpayer dollars. And back
then, under the 2018 calculations, every Member of Congress was only
eligible to get about $4 million added to their campaign accounts.
Now, if you look at the top 20, 11 Democrats make up the top 20, and
9 Republicans, in disbursements over the 2020 cycle. Every single
Member of this body is eligible through the 6-to-1 matching program to
get $7.2 million.
No matter what Speaker Pelosi says, no matter what the majority
says--they can tell you it is not true--read the bill. It is in the
bill.
They are going to say, well, it is not taxpayer dollars. Let me go
through the process. It is corporate money, corporate dollars that we
cannot get in our campaigns right now that is then taken from
corporations who, in their name, are bad actors.

Remember, Congress sets the level of fines. And a lot of these fines
already go to good causes, like crime victim funds, rape crisis
centers. They are going to get shortchanged because that

[[Page H997]]

money is taken from corporate fines that are corporate dollars
laundered through the Federal Government.
This money comes out as public money, taxpayer dollars, and then it
is given directly to Members of Congress' campaigns.
Madam Speaker, a vote for this bill is a vote for you, yourself, $7.2
million in your own campaign.
Madam Speaker, I yield back the balance of my time.
Ms. LOFGREN. Madam Speaker, I yield myself such time as I may
consume.
Just a few points. As I am sure the gentleman from Illinois knows, we
had a markup last year on H.R. 1, and one of the issues raised was the
propriety of having taxpayer dollars fund the pilot program, the
matching program.
And we agreed--we agreed with that observation. So we changed it. We
made an amendment to address that concern.
It is not an additional--an existing fund. If a corporation does
wrong and is assessed a fine, there is an additional fine hit on that
bad-doing corporation that would fund the pilot project. And if there
aren't enough bad-doers to actually fully fund the program, the program
is scaled back. There is no taxpayer money in this program.
These amendments in this bill address things that are important. And
let me just reference the letter from the attorneys general that I
included in the Record earlier. We are talking about what is happening
right now, and this is what they state:
``. . . State legislators have seized upon former President Trump's
baseless voter fraud allegations to curtail mail-in voting options,
impose stringent voter ID requirements, limit voter registration
opportunities, and allow even more aggressive purging of voter rolls.
In the wake of a safe and secure election, which enabled greater levels
of voter participation than in over a century, we should be building on
this progress, not dismantling it.''
And that is what this act would do. They go on to say:
``The act includes several measures that would neutralize these
cynical efforts at voter suppression. . . .''
Madam Speaker, I think we should recognize that what is going on in
State legislatures around the United States right now is, in fact, what
the attorneys general have said, a cynical effort to suppress the vote,
because we have the greatest voter turnout in American history with the
new tools that the pandemic actually led us to: a broader opportunity
to cast your vote by absentee, a broader opportunity to vote early.
We had great turnout. And I don't know in the end which party will
benefit when more Americans vote.
Could it be the Republicans? Could it be the Democrats?
I don't know. But I do know this: Who will win is America. America
wins when all Americans have a chance to cast their vote.
So, once again, I would like to thank the attorneys general of
Maryland, Colorado, Connecticut, Delaware, Illinois, Iowa, Maine,
Massachusetts, Michigan, Minnesota, Nevada, and Washington for standing
up for the rule of law, for pointing out that H.R. 1 will lead to clean
elections, and that American democracy needs repairing, and this bill
will repair it.
Madam Speaker, I urge a ``yes'' vote on the en bloc amendments, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from California (Ms. Lofgren).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. LOFGREN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

Amendments En Bloc No. 2 Offered by Ms. Lofgren of California

Ms. LOFGREN. Madam Speaker, pursuant to House Resolution 179, I rise
to offer amendments en bloc No. 2.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 6, 12, 13, 18
and 39, printed in part B of House Report 117-9, offered by Ms. Lofgren
of California:

Amendment No. 6 Offered by Offered by Mr. Armstrong of North Dakota

Page 266, insert after line 5 the following:

SEC. 1934. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT
VOTER REGISTRATION.

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

Amendment to No. 12 Offered by Mr. Burgess of Texas

Page 208, after line 7, insert the following (and
redesignate subsequent sections appropriately):

SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER
DISENFRANCHISEMENT.

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

Amendment No. 13 Offered by Mr. Burgess of Texas

Page 45, after line 13, insert the following (and
redesignate subsequent sections accordingly):

SEC. 1006. REPORT ON DATA COLLECTION.

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

Amendment to 18 Offered by Mr. Comer of Kentucky

Strike section 8022 and insert the following:

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 No. 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) 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.
(e) 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.
Strike section 8052 and insert the following:

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

[[Page H998]]

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.'';
and
(2) in section 6(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) a list of 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).''.

Amendment No. 39 Offered by Mr. Schweikert of Arizona

Page 394, after line 4, insert the following new
subsection:
(c) Blockchain Technology Study and Report.--
(1) In general.--The Election Assistance Commission shall
conduct a study with respect to the use of blockchain
technology to enhance voter security in an election for
Federal office.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Commission shall submit to
Congress a report on the study conducted under paragraph (1).
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from California (Ms. Lofgren) and the gentleman from
Wisconsin (Mr. Steil) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LOFGREN. Madam Speaker, my Republican colleagues are the authors
of all of the amendments included in this en bloc, and I think these
amendments represent a number of thoughtful amendments that will
improve the bill.
Included is an amendment that exempts any State that does not utilize
voter registration on the enactment date of this act and continuously
thereafter from complying with voter registration requirements in the
act.
This is reasonable, as North Dakota does not have voter registration.
As the State does not require voter registration, it is reasonable not
to force them to begin doing so now.
There is also an amendment in this en bloc that requires a report to
Congress on the impact of widespread mail-in voting on the suffrage of
Active Duty military servicemembers, how quickly their votes are
counted and whether the high volumes of mail-in votes makes it harder
for those individuals to vote.
Republicans and Democrats alike, can agree that insights into how to
better secure our election infrastructure are needed to protect our
democracy.
Included in this en bloc is an amendment to require a report to
Congress on the data collection practices; the required necessary
security resources; and the impact of a potential data breach of local,
State, or Federal online voter registration systems.
Additionally, there is an amendment directing the Election Assistance
Commission to study the use of blockchain technology to enhance
election security. I hope that study will include the use of
electricity in the creation of blockchain technology.

{time} 1130

Much of H.R. 1's provisions are aimed at restoring the American
public's faith in the government by improving ethics standards imposed
on public officials.
An amendment included in this en bloc would require ethics waivers
granted by Congress to the executive branch officials to be disclosed,
and require members of the Presidential transition team to disclose
nongovernmental positions they have held in the year prior to starting
their service on the transition team.
I thank my colleagues on the other side of the aisle for putting
forward these amendments, and I believe it will gather bipartisan
support.
Madam Speaker, I reserve the balance of my time.
Mr. STEIL. Madam Speaker, I yield 2 minutes to the gentleman from
Kentucky (Mr. Comer), my colleague.
Mr. COMER. Madam Speaker, I urge all Members, on a bipartisan basis,
to support this amendment.
When reviewing H.R. 1 as introduced this Congress, I noticed it was
missing several ethics provisions that were included in the bill last
Congress when Donald Trump was President. But now that Joe Biden is
President, those ethics provisions conveniently disappeared.
What was missing from this updated version of H.R. 1 were the
following provisions:
Requirements that Presidential transition teams disclose a list of
all positions each transition team member held outside the Federal
Government for the previous 12-month period, including paid and unpaid
positions.
Requirements that Presidential transition teams disclose sources of
compensation for each transition team member exceeding $5,000 a year
for the previous 12-month period.
And a requirement that the head of the 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 required prior employment and conflicts of interest
disclosures.
It is clear the absence of these provisions was pure politics, but my
amendment adds those provisions back since what is good for a
Republican President is good for a Democrat President or his or her
administration.
Ethical principles are supposed to be universal. They are supposed to
apply equally. And this bill, that so obviously exempts one political
party from ethics rules, is not itself ethical. Many Democrats should
vote for this amendment since it restores what Democrats proposed in
the last Congress. We took the exact language and included it in this
bill.
If this bill had gone through regular order and had been marked up in
a committee, we could have addressed these discrepancies at the
committee level instead of imposing this extended amendment process on
the whole House. But this bill did not go through regular order, and so
I offered this amendment at the Committee on Rules. This amendment
restores to the bill ethics provisions that were originally intended to
apply for President Trump and his advisers but were dropped from the
bill for President Biden's administration.
Applying ethics rules to one political party but not another is
wrong. The Committee on Rules, to their credit, took a step toward
correcting this wrong by making this evenhanded amendment in order.
Now, it remains for the full House to pass this amendment and to show
its agreement on a bipartisan basis that ethics rules should apply
equally.
Madam Speaker, I urge all members to join me in supporting the Comer
amendment No. 18 in en bloc No. 2.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. STEIL. Madam Speaker, I yield 2 minutes to the gentleman from
North Dakota (Mr. Armstrong), my colleague and good friend.
Mr. ARMSTRONG. Madam Speaker, I appreciate my colleagues on both
sides of the aisle recognizing the unique nature of the State of North
Dakota.
In 1993, the Voter Registration Act passed and there were six States
that did not have voter registration. And so, rightfully so, under
thoughtful and considered language, they exempted the States who didn't
have voter registration from the Voter Registration Act.

[[Page H999]]

Well, now we are in 2021, and the only State in the country that
doesn't have voter registration is the State of North Dakota. So as
this process has been going on and the different fights that exists,
which I agree with my colleagues on this side of the aisle on a lot of
those issues, we find ourselves in a fairly unique position in that the
intent of what people are trying to do with this bill would have
actually made it more difficult in a lot of cases in North Dakota for
how we do things.
We are proud of our quirky board of elections system. I will just
tell you, when I served in the State legislature, I was the chair of
the State Senate Judiciary Committee, which was in charge of election
law. And North Dakotans are very proud of it. I also served as the
State party chair for 3 years, so I was very frustrated by the fact
that we didn't have voter registration. So even in my own background, I
had conflicting views on this.
Madam Speaker, I just appreciate the ability of everybody working
together because this is really important to my State, and it would
fundamentally alter things, and not in a good way.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. STEIL. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Burgess), my colleague.
Mr. BURGESS. Madam Speaker, I thank the gentleman for the
recognition.
Madam Speaker, I rise today to offer an amendment to H.R. 1, Burgess
amendment No. 12, which would require the Attorney General of the
United States to submit a report to Congress on the impact of
widespread mail-in voting on the ability of Active Duty military
servicemembers to vote, how quickly their votes could be counted, and
whether the higher volumes of mail-in votes makes it harder for those
individuals to vote in national elections.

America's servicemembers put their lives on the line to protect our
country and everything it stands for. We must ensure their voices are
heard in our elections. If the majority has their way with the
underlying bill in permanently expanding mail-in voting, Congress must
first know that such policies won't negatively impact those we rely on
to ensure that our voices are heard in the first place.
A second amendment, Burgess amendment No. 13, would require a report
on voter data collection efforts at local, State, and Federal levels,
and make the resources necessary to defend such efforts from
cyberattacks and the impact of potential data breaches of local, State,
or Federal online voter registration systems.
H.R. 1, the underlying bill, includes the Voter Registration
Modernization Act, which requires that all Americans have access to
online voter registration, a significant expansion of this service in
many parts of the country. Voter online registration can be quick,
easy, and convenient. It also poses significant risks for those same
citizens by increasing the cyber-infrastructure requirements at all
levels of government and introduces cybersecurity challenges in areas
that have not previously had online registration.
We are all familiar with the concept, if it goes on a network, it can
be hacked. Data breaches pose a real threat to Americans' privacy, to
their financial security. We have seen time and again how poor digital
hygiene, or insufficient cybersecurity, have created new
vulnerabilities to Americans' personally identifiable information.
Madam Speaker, Americans deserve to know how this mandate in the
underlying bill will impact their local voting systems and their
personal privacy. Many areas of the United States have successfully
implemented online voter registration, and that could be great for
those voters. However, many election precincts, and even some States,
do not have adequate infrastructure or resources to ensure proper
protection of the personally identifiable information that is required
to be collected to register to vote.
This amendment would provide our constituents information to either
provide a sense of security that their voter data will be properly
protected or will serve as a warning as to how this could impact their
voting system.
Madam Speaker, I urge an ``aye'' on both votes.
Ms. LOFGREN. Madam Speaker, I reserve the balance of my time.
Mr. STEIL. Madam Speaker, although I do not support the underlying
bill, H.R. 1, these five amendments brought before us improve what is
otherwise a bad bill. I think these studies would be helpful, in
particular, to our servicemembers.
And we recognize the unique position the State of North Dakota has in
our system.
Madam Speaker, I encourage a ``yes'' vote on the en bloc, and I yield
back the balance of my time.
Ms. LOFGREN. Madam Speaker, as I said in my opening remarks, we
believe these amendments are reasonable ones. I support them, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from California (Ms. Lofgren).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.

Amendment No. 14 Offered by Ms. Bush

The SPEAKER pro tempore. It is now in order to consider amendment No.
14 printed in part B of House Report 117-9.
Ms. BUSH. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 141, line 19, strike ``unless such individual is
serving a felony sentence in a correctional institution or
facility at the time of the election''.
Page 143, strike line 9 and all that follows through page
144, line 2 and insert the following:
(2) Date of notification.--The notification required under
paragraph (1) shall be given on the date on which the
individual is sentenced for the offense involved.
Page 145, strike lines 1 through 8 and insert the
following:
(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, on the date in which the individual is sentenced.
Page 145, strike lines 17 through 24 (and redesignate the
succeeding provisions accordingly).

The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from Missouri (Ms. Bush) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Missouri.
Ms. BUSH. Madam Speaker, St. Louis and I rise to offer an amendment
to H.R. 1, the For the People Act, which would restore the right to
vote to our community members serving sentences for felony convictions.
I want to extend my deepest gratitude to Congressman Jones for this
partnership.
Madam Speaker, America does not love all of its people, and we see
that. Right now, more than 5 million people are legally barred from
participating in our elections as a result of criminal laws. That is, 1
in 44 Americans, 500,000 Latinx Americans, 1.2 million women, and 1 in
6 Black folks.
Madam Speaker, this cannot continue. Disenfranchising our own
citizens, it is not justice.
Madam Speaker, I yield 1 minute to the gentlewoman from California
(Ms. Lofgren).
Ms. LOFGREN. Madam Speaker, I thank the gentlewoman from Missouri
(Ms. Bush) for yielding.
Madam Speaker, I would just like to note that the underlying bill
provides that once individuals are re-enfranchised, they may vote. And
H.R. 1 also ends the practice of so-called prison gerrymandering, where
persons who are incarcerated are counted where they are incarcerated
not in their home districts, even though they cannot vote there.
Now, I know different people have different viewpoints on this
amendment. The committee Democrats have no official position, but
speaking just personally, I feel there is merit to this amendment. If
you are going to count the individuals for redistricting purposes in
their prisons, then I think they have to be allowed to vote there, or
else that entire scheme is completely wrong.
Madam Speaker, further, it occurs to me that those who oppose it
think that denying a vote would somehow be a deterrent to criminal
conduct. In fact,

[[Page H1000]]

empowering people to be full citizens encourages rehabilitation.
Mr. STEIL. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. STEIL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Wisconsin (Mr. Tiffany), my colleague and good friend.
Mr. TIFFANY. Madam Speaker, I rise in opposition to this amendment.
Madam Speaker, there isn't enough time to talk about all of the crazy
things in this bill, so I am going to focus on the one provision I
think takes the cake and something that should have been put in this
bill.
The bill before us today, which I am calling the politician
enrichment act, will force American taxpayers to fund partisan
political ads.
You heard that right, Mr. and Mrs. America. All those negative,
mudslinging campaign ads you see on TV every election cycle--the ones
you can't stand--well, now you have to pay for them, too. In fact, you
get to chip in $6 of your money for every $1 the politicians raise.
How is that for the swamp taking care of its own?
But, wait, there is more:
This new taxpayer-funded gravy train will expand a loophole in
campaign finance law that is already big enough to drive a fully-loaded
Brinks truck through.
Madam Speaker, thanks to a generous carve-out in Federal law, Members
of Congress are able to funnel campaign contributions into their
personal bank accounts by simply hiring their spouses as campaign
consultants.
In fact, one high profile Member of the body--this body--exploited
this loophole to the tune of $2.8 million in the last election cycle.
You think it is bad now, Joe and Jane Taxpayer? Just wait until you
see how bad it gets when you are paying for it.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. STEIL. Madam Speaker, I yield an additional 15 seconds to the
gentleman from Wisconsin.
Mr. TIFFANY. Madam Speaker, I filed an amendment with the Committee
on Rules to close this loophole, one based on a bipartisan proposal
introduced by Mr. Schiff and supported by Mr. Hoyer, Mr. Clyburn, and
Speaker Pelosi in the 110th Congress. But the Committee on Rules chose
not to allow us to vote on that amendment today.
I wonder why?

{time} 1145

Ms. BUSH. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from
New York (Mr. Jones).
Mr. JONES. Madam Speaker, I rise to vindicate the right to vote as
precisely that, a constitutional right, not a privilege, a right.
It is a travesty that our Nation's laws do not fully protect the
right to vote. The reason, of course, is white supremacy. Over 150
years ago, during Reconstruction, we tried to build a multiracial
democracy in this country. For the first time, Black people won seats
in this very Chamber, but white supremacists were not having it. So,
like today's Republican Party, they devised ways to deny Black people
the right to vote.
Madam Speaker, thanks to the 15th Amendment, they could not expressly
prohibit Blacks from voting, so they barred prisoners from voting. Then
they invented excuses to put Black people in those prisons. It took 70
years for a Black candidate to win a seat in this Congress from the
South again.
These Jim Crow laws remain on the books. They are why over 5 million
incarcerated people are barred from voting. These people look like me.
They are parents. They are children. They fall in love. They make
mistakes just like we do. They are citizens of the United States of
America just like we are, and they deserve the right to vote.
Mr. STEIL. Madam Speaker, I yield 2 minutes to the gentleman from
North Carolina (Mr. Murphy), who is my colleague and good friend.
Mr. MURPHY of North Carolina. Madam Speaker, I rise today in ardent
opposition to H.R. 1, the alleged For the People Act.
Before I do that, I want to speak to the recent amendment submitted
that would allow criminals, convicted felons, in this country to vote.
I have traveled around the world. I don't know any country in this
world that allows criminals, convicted felons, to vote. That is not
keeping them from committing their crime. It is called punishment. It
is punishment for their crime. It is unconscionable to me we are
actually debating some of these things that we debate on the floor now.
Madam Speaker, the last election showed the Democrats' true goals for
reform, a way to permanently federalize the States' elections away from
Republicans.
If someone would read the Constitution, it is a beautiful document.
It talks about States making their own election law. This bill, if
anything, should be referred to as the for the politicians act.
Madam Speaker, let's just look at the process before I lambast the
policy. There were 183 amendments submitted, but only 56 were made in
order. Of those 56, only eight were allowed by Republican Members.
Thanks to the McGovern rule, Democrats are continually able to submit
rule bills on the floor without a committee markup--it is called the
democratic process--without a markup or a hearing.
Madam Speaker, policywise, things look even worse. This massive bill
provides taxpayer money to finance incumbents' campaigns. It curbs free
speech, significantly increases Federal bureaucracy and red tape, and
creates a one-size-fits-all Federal election system.
Madam Speaker, our Founders purposefully decentralized our election
process to give States the authority to conduct a smooth and open
election day. Get the Federal Government out of State and local
affairs. Not every precinct is equal or is of the same composition.
Eastern North Carolina is not the same, thank God, as California;
Portland, Oregon; or Manhattan.
Madam Speaker, furthermore, many of these changes were made without
the input of State and local leaders who have the best on-the-ground
knowledge.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. STEIL. Madam Speaker, I yield an additional 30 seconds to the
gentleman from North Carolina.
Mr. MURPHY of North Carolina. Madam Speaker, several organizations
oppose this bill. I urge my colleagues on both sides to oppose H.R. 1
and support the Republican alternative, the Save Democracy Act.
This is about our elections. This is what makes the United States
different from everywhere. If we allow fraud in our electoral process,
this Nation is lost.
Ms. BUSH. Madam Speaker, may I ask how much time is remaining.
The SPEAKER pro tempore. The gentlewoman has 1\3/4\ minutes
remaining. The gentleman from Wisconsin has 1 minute remaining.
Ms. BUSH. Madam Speaker, let me just say, currently, Vermont, Maine,
the District of Columbia, and the Commonwealth of Puerto Rico allow for
individuals to vote who are incarcerated, just to be clear.
Madam Speaker, I yield 30 seconds to the gentlewoman from Michigan
(Ms. Tlaib).
Ms. TLAIB. Madam Speaker, I rise because voting is a right that must
be extended to all people, and, yes, that includes currently and
formerly incarcerated individuals.
Madam Speaker, in a country that has yet to fully make amends or pay
restitution for its racist past, we must recognize that taking away the
right to vote as punishment for a crime is directly tied to the racist,
mass incarceration system that continues to wreak havoc on Black and
Brown communities.
The stripping of the right to vote of incarcerated people, especially
Black folks, is directly connected to the racist past of our country,
from slavery and Jim Crow laws to mass incarceration. It was done with
intent, to disenfranchise them for the most sacred right: to choose the
people and policies that govern.
Madam Speaker, people need to look it up. There are countries that
allow formerly incarcerated people to vote.
Mr. STEIL. Madam Speaker, I reserve the balance of my time.
Ms. BUSH. Madam Speaker, I yield 30 seconds to the gentleman from New
York (Mr. Bowman).
Mr. BOWMAN. Madam Speaker, our friends, our neighbors, and our family

[[Page H1001]]

members who are entangled in this injustice system did not lose their
citizenship, so they should not lose their right to vote.

These are people from our communities, still connected strongly to
our families, our schools, and our workplaces. As a result, they should
not lose their right to vote.
Their right to vote must be restored because these are individuals--
people, not criminals--who can still think critically and creatively
and contribute to our democracy. Our democracy will remain broken and
sick and unhealthy until we heal by restoring the right to vote to our
incarcerated individuals.
Mr. STEIL. Madam Speaker, I reserve the balance of my time.
Ms. BUSH. Madam Speaker, I yield myself the balance of my time.
I thank my colleagues, Representative Sarbanes and Representative
Lofgren, for their leadership on this bill.
Madam Speaker, just to put it out there as a reminder, we are talking
about actual people. We are talking about humanity. We are talking
about access. We are talking about the right to vote. These are people.
I urge a ``yes'' vote.
Madam Speaker, I yield back the balance of my time.
Mr. STEIL. Madam Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise today in support of the Bush-
Jones Amendment to H.R. 1, a critical amendment which clarifies that
felony convictions do not bar any eligible individual from voting in
federal elections, including individuals who are currently
incarcerated.
This amendment seeks 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.
Voting is a right of citizenship, not a privilege any of us earns,
and should not be connected to punishment.
Felon disenfranchisement laws were crafted with the intent to
disenfranchise as many African Americans as possible after the Civil
War, and today, one in every 16 African Americans of voting age is
disenfranchised, a rate 3.7 times greater than that of non-African
Americans.
According to PEW Research, over 10 percent of the adult population in
Texas was a felon as of 2010.
Nearly 5.2 million Americans are disenfranchised while serving time
behind bars.
These Americans are full members of our civic life, and they have
ties to their families and communities, engage in robust civic life,
and many of them have been or will be released back into their
communities.
The white supremacists who championed such measures were very clear
on their reasons.
Disenfranchising a specific group of people undermines democracy, and
it does so with a particular impact on people of color.
In many states, state disenfranchisement laws have explicitly racist
origins, and it's time to put this ghost of Jim Crow behind us.
Many states have already begun to recognize the right to vote for
those serving time.
Vermont and Maine are the only U.S. states, in addition to Puerto
Rico, that allow all people with felony convictions, including those
incarcerated, to vote.
Alabama, Mississippi, and Alaska allow some people who are
incarcerated to vote, depending on their felony convictions.
Additionally, Washington D.C. passed a measure just last year which
allowed those incarcerated to vote in the November 2020 election.
This amendment is supported by a host of civil rights, racial
justice, and criminal legal reform organizations, including the
Leadership Conference, Demos, the Sentencing Project, the National
Immigration Project, the National Council of Churches, and more.
Madam Speaker, 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 supporting the Bush-Jones Amendment
to H.R. 1.
The SPEAKER pro tempore (Ms. Chu). Pursuant to House Resolution 179,
the previous question is ordered on the amendment offered by the
gentlewoman from Missouri (Ms. Bush).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mrs. GREENE of Georgia. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

Amendments En Bloc No. 1 Offered by Ms. Lofgren of California

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendments en
bloc No. 1, printed in part B of House Report 117-9, on which further
proceedings were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentlewoman from California (Ms. Lofgren).
The vote was taken by electronic device, and there were--yeas 218,
nays 210, not voting 3, as follows:

[Roll No. 52]

YEAS--218

Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth

NAYS--210

Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)

[[Page H1002]]

Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Womack
Young
Zeldin

NOT VOTING--3

Arrington
Fudge
Larson (CT)

{time} 1242

Mrs. WAGNER and Mr. JACOBS of New York changed their vote from
``yea'' to ``nay.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

MEMBERS RECORDED PURSUANT TO HOUSE RESOLUTION 8, 117TH CONGRESS

Buchanan (LaHood)
Cardenas (Gomez)
DeSaulnier (Matsui)
DesJarlais (Fleischmann)
Deutch (Rice (NY))
Frankel, Lois (Clark (MA))
Gaetz (McHenry)
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Horsford (Kildee)
Huffman (McNerney)
Katko (Stefanik)
Kirkpatrick (Stanton)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu (Beyer)
Lowenthal (Beyer)
Meng (Clark (MA))
Moore (WI) (Beyer)
Moulton (McGovern)
Nadler (Jeffries)
Napolitano (Correa)
Neguse (Perlmutter)
Palazzo (Fleischmann)
Pascrell (Sires)
Payne (Wasserman Schultz)
Pingree (Kuster)
Reed (LaHood)
Rodgers (WA) (Joyce (PA))
Roybal-Allard (Escobar)
Ruiz (Aguilar)
Rush (Underwood)
Speier (Scanlon)
Thompson (MS) (Butterfield)
Vargas (Correa)
Watson Coleman (Pallone)
Wilson (FL) (Hayes)

Amendment No. 14 Offered by Ms. Bush

The SPEAKER pro tempore (Mr. Cartwright). Pursuant to clause 8 of
rule XX, the unfinished business is the question on amendment No. 14,
printed in part B of House Report 117-9, on which further proceedings
were postponed and on which the yeas and nays were ordered. The Clerk
will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Missouri (Ms. Bush).
The vote was taken by electronic device, and there were--yeas 97,
nays 328, not voting 6, as follows:

[Roll No. 53]

YEAS--97

Adams
Barragan
Bass
Beatty
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Bush
Cardenas
Carson
Casten
Chu
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Davis, Danny K.
Dean
DeSaulnier
Doyle, Michael F.
Escobar
Espaillat
Evans
Foster
Garcia (IL)
Garcia (TX)
Golden
Gomez
Green, Al (TX)
Grijalva
Haaland
Hastings
Hayes
Higgins (NY)
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Jones
Kahele
Kelly (IL)
Khanna
Kirkpatrick
Krishnamoorthi
Larsen (WA)
Lawrence
Lee (CA)
Leger Fernandez
Levin (MI)
Lieu
Lofgren
Lowenthal
Maloney, Carolyn B.
Matsui
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Nadler
Napolitano
Neal
Newman
Ocasio-Cortez
Omar
Pallone
Payne
Pingree
Pocan
Pressley
Price (NC)
Rush
Sanchez
Schakowsky
Schiff
Schneider
Scott, David
Sewell
Smith (WA)
Takano
Thompson (MS)
Tlaib
Tonko
Torres (NY)
Underwood
Vargas
Velazquez
Wasserman Schultz
Watson Coleman
Welch
Williams (GA)
Wilson (FL)

NAYS--328

Aderholt
Aguilar
Allen
Allred
Amodei
Armstrong
Arrington
Auchincloss
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bera
Bergman
Beyer
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Bourdeaux
Brady
Brooks
Brown
Brownley
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Bustos
Butterfield
Calvert
Cammack
Carbajal
Carl
Carter (GA)
Carter (TX)
Cartwright
Case
Castor (FL)
Castro (TX)
Cawthorn
Chabot
Cheney
Cicilline
Cline
Cloud
Clyde
Cole
Comer
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crawford
Crenshaw
Crist
Crow
Cuellar
Curtis
Davids (KS)
Davidson
Davis, Rodney
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Donalds
Duncan
Dunn
Emmer
Eshoo
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foxx
Frankel, Lois
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garamendi
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Gonzalez, Vicente
Good (VA)
Gooden (TX)
Gosar
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harder (CA)
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill
Himes
Hinson
Hollingsworth
Horsford
Houlahan
Hoyer
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Johnson (TX)
Jordan
Joyce (OH)
Joyce (PA)
Kaptur
Katko
Keating
Keller
Kelly (MS)
Kelly (PA)
Kildee
Kilmer
Kim (CA)
Kim (NJ)
Kind
Kinzinger
Kuster
Kustoff
LaHood
LaMalfa
Lamb
Lamborn
Langevin
Larson (CT)
Latta
LaTurner
Lawson (FL)
Lee (NV)
Lesko
Levin (CA)
Long
Loudermilk
Lucas
Luetkemeyer
Luria
Lynch
Mace
Malinowski
Malliotakis
Maloney, Sean
Mann
Manning
Massie
Mast
McBath
McCarthy
McCaul
McClain
McClintock
McEachin
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Morelle
Moulton
Mrvan
Mullin
Murphy (FL)
Murphy (NC)
Neguse
Nehls
Newhouse
Norcross
Norman
Nunes
O'Halleran
Obernolte
Owens
Palazzo
Palmer
Panetta
Pappas
Pascrell
Pence
Perlmutter
Perry
Peters
Pfluger
Phillips
Porter
Posey
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Ross
Rouzer
Roy
Roybal-Allard
Ruiz
Ruppersberger
Rutherford
Ryan
Salazar
Sarbanes
Scalise
Scanlon
Schrader
Schrier
Schweikert
Scott (VA)
Scott, Austin
Sherman
Sherrill
Simpson
Sires
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Soto
Spanberger
Spartz
Speier
Stanton
Stauber
Steel
Stefanik
Steil
Steube
Stevens
Stewart
Stivers
Strickland
Suozzi
Swalwell
Taylor
Tenney
Thompson (CA)
Thompson (PA)
Tiffany
Timmons
Titus
Torres (CA)
Trahan
Trone
Turner
Upton
Valadao
Van Drew
Van Duyne
Veasey
Vela
Wagner
Walberg
Walorski
Waltz
Waters
Weber (TX)
Wenstrup
Westerman
Wexton
Wild
Williams (TX)
Wilson (SC)
Wittman
Womack
Yarmuth
Young
Zeldin

NOT VOTING--6

Boyle, Brendan F.
Fudge
Gallego
McCollum
Sessions
Webster (FL)

{time} 1329

Messrs. CRENSHAW, PASCRELL, KILDEE, Mrs. DINGELL, and Mr. McEACHIN
changed their vote from ``yea'' to ``nay.''
Mr. COHEN, Ms. CLARKE of New York, and Mr. NEAL changed their vote
from ``nay'' to ``yea.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Ms. McCOLLUM. Mr. Speaker, on March 2, 2021 I missed a vote on the
Bush Amendment No. 14 to H.R. 1, the For the People Act of 2021 due to
a classified national security briefing I was receiving. Had I been
present, I would have voted in support of Amendment No. 14.
Stated against:
Mr. WEBSTER of Florida. Mr. Speaker, had I been present, I would have
voted ``nay'' on rollcall No. 53.

Members REcorded Pursuant to House Resolution 8, 117th Congress

Buchanan (LaHood)
Cardenas (Gomez)
DeSaulnier (Matsui)
DesJarlais (Fleischmann)
Deutch (Rice (NY))
Frankel, Lois (Clark (MA))
Gaetz (McHenry)
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)

[[Page H1003]]

Horsford (Kildee)
Huffman (McNerney)
Katko (Stefanik)
Kirkpatrick (Stanton)
Langevin (Lynch)
Lawson (FL) (Evans)
Lieu (Beyer)
Lowenthal (Beyer)
Meng (Clark (MA))
Moore (WI) (Beyer)
Moulton (McGovern)
Nadler (Jeffries)
Napolitano (Correa)
Neguse (Perlmutter)
Palazzo (Fleischmann)
Pascrell (Sires)
Payne (Wasserman Schultz)
Pingree (Kuster)
Reed (LaHood)
Rodgers (WA) (Joyce (PA))
Roybal-Allard (Escobar)
Ruiz (Aguilar)
Rush (Underwood)
Speier (Scanlon)
Thompson (MS) (Butterfield)
Vargas (Correa)
Watson Coleman (Pallone)
Wilson (FL) (Hayes)

Amendment No. 19 Offered by Mr. Rodney Davis of Illinois

The SPEAKER pro tempore (Mr. Blumenauer). It is now in order to
consider amendment No. 19 printed in part B of House Report 117-9.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike subtitle C of title III.

The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentleman from Illinois (Mr. Rodney Davis) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, the need for this amendment is another example of this
bill not being updated from last year.
We have made huge efforts on cyber issues and successfully had an
election year this year with no foreign interference. This is in large
part due to the efforts of DHS and the Election Assistance Commission.
I even took part this summer in a tabletop exercise to prepare for
cyberattacks.
Mr. Speaker, if we had considered this bill in committee, we could
have talked about our success in this area during the last election.
This is another example of the Democrats not knowing what is in their
legislation and rolling out their standard bill without a thoughtful
review.
Absolutely no one wants foreign interference in our elections.
Mr. Speaker, absolutely no one wants foreign interference in our
elections, but the last thing we need to do is create a commission with
another layer of bureaucracy when we have programs in place that have
been successful for our local election officials. It is because of some
great work by CISA that we should be recognized.
Mr. Speaker, finally, this amendment would violate separation of
powers and attempt to control the judicial branch, threatening our
independent courts. It is disappointing that this is the only amendment
of mine and the other Republican members of the committee that the
majority Democrats allowed through.
We submitted 25 amendments to restore the ability to run our
elections to the States and localities that this bill takes away;
eliminate the fund to publicly finance campaigns using corporate
dollars and instead use that money for pandemic relief for the American
people; prevent sitting Members of Congress' campaigns from benefiting
from this bill; protect Americans' First Amendment right, without fear
of retaliation from the Federal Government; and the list goes on and
on.
Mr. Speaker, unfortunately, the majority did not allow these
amendments to come to the floor. While I urge passage of this
amendment, for those reasons and many more, I urge a ``no'' vote on the
underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Ms. LOFGREN. Mr. Speaker, I rise to oppose the amendment.
The SPEAKER pro tempore. The gentlewoman from California is
recognized for 5 minutes.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this amendment would strike subtitle C of title III, the
election security title in H.R. 1, which requires the President to
produce a national strategy for protecting U.S. democratic
institutions. It also creates a national commission to protect United
States democratic institutions to counter threats.
In light of the evidence of foreign interference in the 2016, 2018,
and 2020 Federal elections, the Federal Government needs a coordinated
approach to protect and secure our democracy. While our election
infrastructure officials have said that the 2020 election was the most
secure in history, we know it is not because our foreign adversaries
are no longer attempting to interfere in our elections. They will
continue their efforts, and we must take steps to ensure our elections
continue to be secure.
This provision in H.R. 1 is important to that endeavor. The national
strategy will provide guidance on how to protect against cyberattacks,
influence operations, disinformation campaigns, and other activities
that could undermine the security and integrity of United States
democratic institutions.
The purpose of the national commission to protect the United States
democratic institutions is to counter efforts to undermine democratic
institutions within the United States. The national strategy and
commission will be important to protecting the integrity of our
elections and preventing foreign interference in our democracy.
Mr. Speaker, we must stay vigilant. Our enemies are not resting, and
neither are we. This provision is an important part of the bill.
Mr. Speaker, I urge my colleagues to vote ``no'' on the amendment
from the gentleman from Illinois. I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. May I inquire as to how much time I
have remaining.
The SPEAKER pro tempore. There are 3 minutes remaining on each side.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, one of the big problems that I see in this election
arena is a bill that 2 years ago was written with the assistance of
special interests before we were even sworn in to the 116th Congress.
It was announced and put forward with every member of the majority
signing on as cosponsors the day we were all sworn in.
That is not the process that the Democratic majority promised the
American people when they gave my colleagues the privilege to serve in
this majority.
Mr. Speaker, here we go again. It is like Groundhog Day. Instead of
introducing the same bill, they made some changes, which is great.
Still, this is a problem of the nationalization of our elections. Also,
it limits free speech.
There was no negotiation with us, no markup in our committee, no
ability for us to have a voice.
Mr. Speaker, to top it off, none of us in the minority want any
campaign dollars coming from corporations that are then laundered and
then made into public funds through the Federal Government and then put
in their own campaigns. We don't want one dollar, let alone the limit
now of $7.2 million that each and every person in this institution
would be eligible to get into our own campaigns. That is not campaign
finance reform. That is not what my constituents want. That is the
furthest thing from what the minority wants.

Mr. Speaker, I reserve the balance of my time.
Ms. LOFGREN. Mr. Speaker, I will just note that I oppose this
amendment. I will wait until the next amendment to go into the
underlying bill. I think much of what has been said this morning and
this afternoon is simply incorrect.
Mr. Speaker, I yield back the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I urge a ``yes'' vote on
this amendment. It is a commonsense amendment that is going to protect
the bipartisan work that our officials have done to protect Americans'
elections and address cybersecurity issues and foreign interference.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
previous question is ordered on the amendment offered by the gentleman
from Illinois (Mr. Rodney Davis).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Ms. LOFGREN. Mr. Speaker, on that I demand the yeas and nays. The
SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8,
the yeas and nays are ordered.

[[Page H1004]]

Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

Amendments En Bloc No. 3 Offered by Ms. Lofgren of California

Ms. LOFGREN. Pursuant to House Resolution 179, I rise to offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 22, 23, 24, 25,
26, 27, 29, 30, 31, 32, 33, 34, 35, 36, and 38, printed in part B of
House Report 117-9, offered by Ms. Lofgren of California:

Amendment No. 22 Offered by Mr. Gallego of Arizona

Page 264, after line 20, insert the following new section
(and redesignate the succeeding section accordingly):

SEC. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSIBILITY
PROTECTION AND ADVOCACY SYSTEMS SERVING THE
AMERICAN INDIAN CONSORTIUM.

(a) Recipients Defined.--Section 291 of the Help America
Vote Act of 2002 (52 U.S.C. 21061) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) American Indian Consortium Eligibility.--A system
serving the American Indian Consortium for which funds have
been reserved under section 509(c)(1)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)) shall be
eligible for payments under subsection (a) in the same manner
as a protection and advocacy system of a State.''.
(b) Grant Minimums for American Indian Consortium.--Section
291(b) of such Act (52 U.S.C. 21061(b)) is amended--
(1) by inserting ``(c)(1)(B),'' after ``as set forth in
subsections''; and
(2) by striking ``subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and $35,000,
respectively'' and inserting ``subsection (c)(3)(B) shall not
be less than $70,000, and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) shall not
be less than $35,000''.
(c) Effective Date.--The amendments made by this section
shall take effect at the start of the first fiscal year
following the date of enactment of this Act.

Amendment No. 23 Offered by Mr. Grijalva of Arizona

Page 84, after line 10, insert the following:
(7) The number of individuals who were purged from the
official voter registration list or moved to inactive status,
broken down by the reason for those actions, including the
method used for identifying those voters.

Amendment No. 24 Offered by Mr. Grijalva of Arizona

Page 164, line 14, after the period insert the following:
``The notice shall take into consideration factors including
the linguistic preferences of voters in the jurisdiction.''.
Page 225, line 4, insert before the period the following:
``, taking into consideration factors which include the
linguistic preferences of voters in the jurisdiction.''.
Page 225, line 13, insert before the colon the following:
``, taking into consideration factors which include the
linguistic preferences of voters in the jurisdiction.''.

Amendment No. 25 Offered by Mr. Langevin of Rhode Island

Page 361, strike lines 6 through 10 and insert the
following:
(a) Duties of Election Assistance Commission.--Section 202
of the Help America Vote Act of 2002 (52 U.S.C. 20922) is
amended--
(1) in the matter preceding paragraph (1), by striking
``by'' and inserting ``and the security of election
infrastructure by''; and
(2) by striking the semicolon at the end of paragraph (1)
and inserting the following: ``, and the development,
maintenance and dissemination of cybersecurity guidelines to
identify vulnerabilities that could lead to, protect against,
detect, respond to and recover from cybersecurity
incidents;''.
Page 364, insert after line 24 the following:
(g) Senior Cyber Policy Advisor.--Section 204(a) of such
Act (52 U.S.C. 20924(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Senior cyber policy advisor.--The Commission shall
have a Senior Cyber Policy Advisor, who shall be appointed by
the Commission and who shall serve under the Executive
Director, and who shall be the primary policy advisor to the
Commission on matters of cybersecurity for Federal
elections.''.

Amendment No. 26 Offered by Mrs. Lawrence of Michigan

Page 192, line 10, strike ``materials'' and insert
``materials; restrictions on operational changes prior to
elections''.
Page 192, insert after line 15 the following (and
redesignate the succeeding provisions accordingly):
``(b) During the 120-day period which ends on the date of
an election for Federal office, the Postal Service may not
carry out any new operational change that would restrict the
prompt and reliable delivery of voting materials with respect
to the election, including voter registration applications,
absentee ballot applications, and absentee ballots. This
paragraph applies to operational changes which include
removing or eliminating any mail collection box without
immediately replacing it, and removing, decommissioning, or
any other form of stopping the operation of mail sorting
machines, other than for routine maintenance.''.

Amendment No. 27 Offered by Mrs. Lawrence of Michigan

Page 192, after line 15, insert the following (and
redesignate subsection (b) as subsection (c)):
``(b) The Postal Service shall appoint an Election Mail
Coordinator in every Postal Area and District to facilitate
relevant information sharing with State, territorial, local,
and tribal election officials in regards to the mailing of
voter registration applications, absentee ballot
applications, and absentee ballots.''.

Amendment No. 29 Offered by Mr. Levin of Michigan

Page 745, on line 9 strike ``and'', and after line 15,
insert the following new clause:
``(v) a chief of mission (as defined in section 102(a)(3)
of the Foreign Service Act of 1980); and''.

Amendment No. 30 Offered by Mrs. Luria of Virginia

Page 583, insert after line 14 the following (and
redesignate the succeeding provision accordingly):
``(e) No Taxpayer Funds Permitted.--No taxpayer funds may
be deposited into the Fund.''.

Amendment No. 31 Offered by Ms. Manning of North Carolina

Page 248, insert after line 15 the following (and
redesignate the succeeding provision accordingly):
(b) Study of Methods to Enforce Fair and Equitable Waiting
Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a
joint study of the effectiveness of various methods of
enforcing the requirements of section 310(a) of the Help
America Vote Act of 2002, as added by subsection (a),
including methods of best allocating resources to
jurisdictions which have had the most difficulty in providing
a fair and equitable waiting time at polling places to all
voters, and to communities of color in particular.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish
and submit to Congress a report on the study conducted under
paragraph (1).

Amendment No. 32 Offered by Mr. Phillips of Minnesota

Page 266, insert after line 5 the following (and
redesignate the succeeding provision accordingly):

PART 5--VOTER NOTICE

SEC. 1941. SHORT TITLE.

This part may be cited as the ``Voter Notification of
Timely Information about Changes in Elections Act'' or the
``Voter Notice Act''.

SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF CHANGES IN
ELECTIONS IN RESPONSE TO EMERGENCIES.

(a) Requirement for Election Officials to Conduct
Campaigns.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 1601(a) and section
1901(a), is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Public Education Campaigns in Event of Changes in
Elections in Response to Emergencies.--
``(1) Requirement.--If the administration of an election
for Federal office, including the methods of voting or
registering to vote in the election, is changed in response
to an emergency affecting public health and safety, the
appropriate State or local election official shall conduct a
public education campaign through at least one direct mailing
to each individual who is registered to vote in the election,
and through additional direct mailings, newspaper
advertisements, broadcasting (including through television,
radio, satellite, and the Internet), and social media, to
notify individuals who are eligible to vote or to register to
vote in the election of the changes.
``(2) Frequency and methods of providing information.--The
election official shall carry out the public education
campaign under this subsection at such frequency, and using
such methods, as will have the greatest likelihood of
providing timely knowledge of the change in the
administration of the election to those individuals who will
be most adversely affected by the change.
``(3) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), the appropriate election official
shall ensure that the information disseminated under a public
education campaign conducted under this subsection is
provided in the language of the applicable minority group as
well as in the English language, as required by section 203
of such Act.
``(4) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2020 and each succeeding
election for Federal office.''.

[[Page H1005]]

(b) Conforming Amendment Relating to Effective Date.--
Section 302(h) of such Act (52 U.S.C. 21082(h)), as
redesignated by subsection (a) and as amended by section
1601(b) and section 1901(b), is amended by striking ``and
(f)(4)'' and inserting ``(f)(4), and (g)(4)''.

SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.

(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), section 1611(a),
section 1621(a), section 1622(a), section 1623(a), section
1906(a), section 1907(a), and 1908(a), is amended--
(1) by redesignating sections 313 and 314 as sections 314
and 315; and
(2) by inserting after section 312 the following new
section:

``SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.

``(a) Accessibility.--Each State and local election
official shall ensure that the official public website of the
official is fully accessible for individuals with
disabilities, including the blind and visually impaired, in a
manner that provides the same opportunity for access and
participation as the website provides for other individuals.
``(b) Continuing Operation in Case of Emergencies.--
``(1) Establishment of best practices.--
``(A) In general.--The Director of the National Institute
of Standards and Technology shall establish and regularly
update best practices for ensuring the continuing operation
of the official public websites of State and local election
officials during emergencies affecting public health and
safety.
``(B) Deadline.--The Director shall first establish the
best practices required under this paragraph as soon as
practicable after the date of the enactment of this section,
but in no case later than August 15, 2021.
``(2) Requiring websites to meet best practices.--Each
State and local election official shall ensure that the
official public website of the official is in compliance with
the best practices established by the Director of the
National Institute of Standards and Technology under
paragraph (2).
``(c) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2020 and each succeeding
election for Federal office.''.
(b) Conforming Amendment Relating to Adoption of Voluntary
Guidance by Election Assistance Commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b) and 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 304, as soon as practicable after the date of the
enactment of this paragraph, but in no case later than August
15, 2021.''.
(c) Clerical Amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(d), section
1611(c), section 1621(c), section 1622(c), section 1623(a),
section 1906(b), section 1907(b), and section 1908(b), is
amended--
(1) by redesignating the items relating to sections 313 and
314 as relating to sections 314 and 315; and
(2) by inserting after the item relating to section 312 the
following new item:

``Sec. 313. Requirements for websites of election officials.''.

SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO
STATES FOR COSTS OF COMPLIANCE.

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

``SEC. 907. PAYMENTS FOR COSTS OF COMPLIANCE WITH CERTAIN
REQUIREMENTS RELATING TO PUBLIC NOTIFICATION.

``(a) Payments.--
``(1) Availability and use of payments.--The Commission
shall make a payment to each eligible State to cover the
costs the State incurs or expects to incur in meeting the
requirements of section 302(g) (relating to public education
campaigns in event of changes in elections in response to
emergencies) and section 313 (relating to requirements for
the websites of election officials).
``(2) Schedule of payments.--As soon as practicable after
the date of the enactment of this section, and not less
frequently than once each calendar year thereafter, the
Commission shall make payments under this section.
``(3) Administration of payments.--The chief State election
official of the State shall receive the payment made to a
State under this section, and may use the payment for the
purposes set forth in this section without intervening action
by the legislature of the State.
``(b) Amount of Payment.--
``(1) In general.--The amount of a payment made to an
eligible State for a year under this section shall be
determined by the Commission on the basis of the information
provided by the State in its application under subsection
(c).
``(2) Continuing availability of funds after
appropriation.--A payment made to an eligible State under
this section shall be available without fiscal year
limitation.
``(c) Requirements for Eligibility.--
``(1) Application.--Each State that desires to receive a
payment under this section for a fiscal year 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; and
``(B) provide an estimate of the costs the State has
incurred or expects to incur in carrying out the provisions
described in subsection (a), together with such additional
information and certifications as the Commission determines
to be essential to ensure compliance with the requirements of
this section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated for payments under this section
such sums as may be necessary for each of the fiscal years
2022 through 2025.
``(e) Reports.--
``(1) Reports by recipients.--Not later than the 6 months
after the end of each fiscal year for which an eligible State
received a payment under this section, the State shall submit
a report to the Commission on the activities conducted with
the funds provided during the year.
``(2) Reports by commission to committees.--With respect to
each fiscal year for which the Commission makes payments
under this section, the Commission shall submit a report on
the activities carried out under this part to the Committee
on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate.''.
(c) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
title IX the following:

``Sec. 907. Payments for costs of compliance with certain requirements
relating to public notification''.

Amendment No. 33 Offered by Ms. Plaskett of Virgin Islands

Page 262, line 20, strike ``laws to commonwealth of
northern mariana islands'' and insert ``federal election
administration laws to territories of the united states''.
Page 263, line 1, strike ``and'' and insert the following:
``the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and''.

Amendment No. 34 Offered by Ms. Plaskett of Virgin Islands

Page 264, insert before line 21 the following (and
redesignate the succeeding provision accordingly):

SEC. 1933. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO
TERRITORIES OF THE UNITED STATES.

(a) Intimidation of Voters.--Section 594 of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.
(b) Interference by Government Employees.--Section 595 of
title 18, United States Code, is amended by striking
``Delegate from the District of Columbia, or Resident
Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.

Amendment No. 35 Offered by Ms. Plaskett of Virgin Islands

Page 264, insert before line 21 the following (and
redesignate the succeeding provision accordingly):

SEC. 1933. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF
THE UNITED STATES IN STATUARY HALL.

(a) In General.--Section 1814 of the Revised Statutes of
the United States (2 U.S.C. 2131) is amended by adding at the
end the following new sentence: ``For purposes of this
section, the term `State' includes American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the United States Virgin
Islands, and the term `citizen' includes a national of the
United States, as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Conforming Amendment Relating to Procedures for
Replacement of Statues.--Section 311 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 2132) is amended by
adding at the end the following new subsection:
``(f) For purposes of this section, the term `State'
includes American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
and the United States Virgin Islands.''.

Amendment No. 36 Offered by Ms. Plaskett of Virgin Islands

Page 77, line 18, strike ``States and the District of
Columbia'' and insert ``States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands''.

Amendment No. 38 Offered by Mr. Schneider of Illinois

Page 459, insert after line 22 the following:

[[Page H1006]]

PART 4--DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY
PRIOR TO ELECTION

SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL
COMMITTEES IMMEDIATELY PRIOR TO ELECTION.

(a) Disclosure.--Section 304(a)(6) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104(a)(6)) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) A political committee, including a super PAC,
shall notify the Commission of any contribution or donation
of more than $5,000 received by the committee during the
period beginning on the 20th day before any election in
connection with which the committee makes a contribution or
expenditure and ending 48 hours before such an election.
``(ii) The committee shall make the notification under
clause (i) not later than 48 hours after the receipt of the
contribution or donation involved, and shall include the name
of the committee, the name of the person making the
contribution or donation, and the date and amount of the
contribution or donation.
``(iii) For purposes of this subparagraph, a pledge,
promise, understanding, or agreement to make a contribution
or expenditure with respect to an election shall be treated
as the making of a contribution or expenditure with respect
to the election.
``(iv) This subparagraph does not apply to an authorized
committee of a candidate or any committee of a political
party.
``(v) In this subparagraph, the term `super PAC' means a
political committee which accepts donations or contributions
that do not comply with the limitations, prohibitions, and
reporting requirements of this Act, and includes an account
of such a committee which is established for the purpose of
accepting such donations or contributions.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring during 2022
or any succeeding year.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from California (Ms. Lofgren) and the gentleman from
Illinois (Mr. Rodney Davis) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bloc of amendments provides important additions to
the bill.
Among the amendments in the bloc is an amendment from the gentleman
from Arizona that promotes language accessibility for voting and
ensures that notices at polling locations take into consideration
factors including the languages spoken in the jurisdiction.
An amendment from the gentleman from Arizona and the gentlewoman from
New Mexico improves voting access for individuals with disabilities in
the Four Corners region of Arizona, New Mexico, Colorado, and Utah by
making technical fixes to the Protection and Advocacy for Voting Access
provisions.
An amendment from the gentlemen from Rhode Island and Wisconsin
implements a recommendation of the Cyberspace Solarium Commission to
ensure the security of our elections and resilience of our democracy by
creating the position of a senior cyber policy adviser at the Election
Assistance Commission.
An amendment from the gentlewomen from Virginia and Florida prohibits
taxpayer funds from being added into the freedom from influence fund.
During the 2020 election, Postmaster General DeJoy implemented sudden
operational changes that disrupted timely mail services and the
delivery of absentee ballots. An amendment in this bloc from the
gentlewoman from Michigan ensures that can never happen again by
prohibiting operational changes at the Postal Service for 120 days
before a Federal election.
This bloc of amendments also includes an amendment from the gentleman
and gentlewoman from Minnesota that requires State election officials
to undertake accessible public education campaigns to inform voters of
any changes to election processes made in response to public
emergencies.

{time} 1345

Finally, it includes four amendments from the gentlewoman from the
Virgin Islands. One of these amendments applies Federal voter
protection laws to the territories, including protection against voter
intimidation, interference, and voting by aliens in Federal elections
in the territory; that would be noncitizens.
Another of these amendments permits each of the territories to
provide and furnish statues in Statuary Hall. That is an important
amendment that allows each of the territories representation among the
statues in the Halls of Congress. These amendments represent long,
overdue recognition of important contributions of the territories.
Mr. Speaker, I support these amendments, and I urge their adoption,
and I reserve the balance of my time,
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise in opposition at
this point in time.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Iowa (Mrs.
Hinson), another star of the historic diverse class of new freshmen.
Mrs. HINSON. Mr. Speaker, I rise today in opposition to H.R. 1.
The 2020 election and its aftermath were chaotic and harmful to our
democracy. We should be working hard in this Chamber in a bipartisan
way to restore faith in our electoral process.
I have heard my colleagues across the aisle say that this bill would
help to transform our elections. They are certainly right about that.
H.R. 1 is the largest expansion of the Federal Government's role in our
elections, ever.
It would take away States' constitutional authority to run their own
elections. When I was in the Iowa State House, we worked hard to secure
our election system, to safeguard against fraud, and to ensure that
only legal votes were counted. Our goal in Iowa was to make it easy to
vote and hard to cheat, and we succeeded in doing that.
But H.R. 1 would overrule those efforts, and it would force
Washington's one-size-fits-all policy and voting practices on Iowans.
H.R. 1 would also send taxpayer dollars directly to political
candidates. That is right. The Federal Government would send your money
to fill the campaign coffers of a politician you might not even agree
with.
This bill would take authority away from Iowans to run their own
elections while Democrats here in Congress are also laying the
groundwork to overturn the official election results in Iowa's Second
Congressional District, where the votes have been counted, recounted,
and certified for Congresswoman Mariannette Miller-Meeks.
Our Constitution is clear, States determine elections, not Congress.
H.R. 1 will harm and it will not protect the integrity of our
elections. Mr. Speaker, I urge my colleagues in this body to vote
``no'' on this bill.
Ms. LOFGREN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson Lee), my colleague in the Judiciary Committee.
Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from
California, the chair of the Committee on House Administration, for the
work that she has done.
It is interesting to hear a speech by the former President, following
in his tradition of denial of a fair election, but announcing that he
believes that there should be only 1 day for an election to take place,
denying essential workers, not recognizing the disaster of COVID-19,
denying rural voters and minority voters the opportunity in some
stressful time to be able to vote.
H.R. 1 considers all factors in ensuring the empowerment of all
voters in this Nation. The United Methodist Church offered these words,
``We hold governments responsible for the protection of the rights of
the people to free and fair elections . . . the form and the leaders of
all governments should be determined by exercise of the right to vote
guaranteed to all adult citizens.''
This legislation recognizes that and recognizes that the dark days of
4 years ago of voter suppression and opposition to minorities voting,
the lack of empowerment, are over with in H.R. 1. And I want to support
amendments 22 and 23, to ensure that individuals with disabilities can
vote.
I want to make sure that young people on college campuses are not
discriminated against, as they have been in my community with polling
places that they have had to stand in long lines.
I want to make sure as well that women are protected in privacy with
making sure that their addresses are not printed so that they will not
be subjected to assault, sexual assault, and violation of privacy. H.R.
1 provides an opportunity for justice and

[[Page H1007]]

the right way to vote, I ask for the recognition of that.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentleman from Georgia (Mr. Hice), the subcommittee chair that has
oversight of elections on the Oversight Committee.
Mr. HICE of Georgia. Mr. Speaker, listen, the American people expect
and deserve free and fair elections. They deserve to have one legal
vote cast and one legal vote counted, but H.R. 1 turns all of our
election process upside down. It upends our entire election system.
Why are we doing this?
As my friend mentioned, on the Oversight Committee, the entire year
last year in Oversight, my colleagues on the other side of the aisle
tried to push H.R. 1 because of COVID, and we saw what that did in our
elections this past year, it totally created chaos. But now we want to
nationalize it.
The worst thing in the world that can happen is for the Federal
Government to nationalize our election system. Part of what is in here
is universal mail-in ballots to everyone on the voter registration
files. What a disaster. We know those files are probably 10 percent
inaccurate. So we are going to have millions of illegal voters receive
live ballots. Then there is zero voter ID associated with this.
Why in the world would we want no voter ID, unless this is some sort
of scheme to give illegal voters the opportunity to vote without any
proof of who they are, that they are legal?
This is an absolute disaster, and ballot harvesting is a part of
this, restricting the right of States to run their own elections.
Mr. Speaker, I urge a ``no'' vote on this.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Michigan (Mrs. Lawrence).
Mrs. LAWRENCE. Mr. Speaker, I rise today in support of my amendments,
26 and 27, to H.R. 1. The Postal Service has been an essential service
for the American people for centuries, written into our Constitution.
And as we take steps to expand voting by mail, we must ensure that the
Postal Service is not weaponized to restrict its mission to promptly
and effectively deliver mail.
My first amendment would require the Postal Service to appoint an
election mail coordinator to assist election officials. My second
amendment would prohibit the Postal Service from enacting any new
operational change that would restrict the prompt delivery of mail
materials 4 months before the election; specifically, targeting removal
of the collection boxes and sorting boxes.
Mr. Speaker, I urge my colleagues to support these amendments as part
of this en bloc.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, can I inquire again how
much time is remaining? We have a lot of folks who want to talk.
The SPEAKER pro tempore. The gentleman from Illinois has 6\1/2\
minutes remaining and the gentlewoman from California has 5 minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentlewoman from Tennessee (Mrs. Harshbarger), a member of this
historic freshman class.
Mrs. HARSHBARGER. Mr. Speaker, I rise in opposition to H.R. 1 today.
Despite its name, this act is not for the people. It is for the
politicians seeking power.
East Tennesseans and Americans want election reform that increases
the security and integrity of our election, and they are demanding it.
Instead, this bill erodes the public confidence in our elections. This
bill picks D.C. bureaucrats over State and local officials, and it uses
hard-earned tax dollars to fund political campaigns by a 6-to-1 fund-
matching provision. Now, let me repeat that. It is a 6-to-1 fund-
matching provision.
I am sure my fellow east Tennesseans agree this is a waste of money.
Wouldn't you rather have our tax dollars used to fund measures to
safely open schools or to expand critical access to rural broadband?
These are the priorities we need to fund, not political power grabs
and public financing of our own political campaigns.
Mr. Speaker, I oppose, and I urge my colleagues to oppose H.R. 1.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Levin).
Mr. LEVIN of Michigan. Mr. Speaker, Americans want to know that
government officials don't have conflicts of interest swaying their
decisions.
For example, did they fundraise from an industry that they will
regulate? Might they take it easy on that industry as a result?
H.R. 1 requires high-level officials to disclose if they have
solicited or made political contributions to PACs, political
nonprofits, or industry trade associations. I thank Congressman Deutch
for authoring this provision.
My amendment expands this piece to cover chiefs of mission to ensure
that officials representing our country abroad, such as ambassadors,
are free from conflicts of interest, too. We should feel confident that
people entrusted to represent the United States are there not because
of political donations, but because they are the best person for the
job.
Mr. Speaker, I urge my colleagues to support this amendment, the en
bloc, and H.R. 1.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Gohmert), I may live to regret it, but I will
do it anyway, my good friend.
Mr. GOHMERT. Mr. Speaker, I thank the ranking member. This bill that
is supposed to be for the people, one of the things it is really
supposed to do, we have been told, you know, this is going to eliminate
foreign interference with our bill. They have been preaching on it for
years. There was the whole Russia hoax, all these other things. It
turns out there hasn't been foreign interference, but the friends
across the aisle were not serious, and are not serious with this bill
about eliminating all foreign interference.
In fact, that is why I filed an amendment that would have addressed
that. They got loopholes big enough to drive several trucks through. So
we took care of it in my amendment. My amendment says, ``Each State
shall ensure that no foreign entity carries out any role in the
administration of elections for Federal office in the State, including
providing, maintaining, programming, operating, storing, or compiling
any of the equipment, software, supplies, or information used in the
administration of the election.
``A nonprofit organization may not carry out any activities related
to voting or elections for public office in a State if the organization
accepts any funds from a foreign entity.''
And then it defines foreign entity, where it covers everybody and
everything that is not American.

{time} 1400

So we have got this amendment that would completely plug the
loopholes that the Democrats have so that foreigners can't continue to
influence the election.
And what do they do?
They say:
Your amendment, we don't want it. It is not in order. We are not even
going to give you a vote on it.
They are not serious about eliminating foreign interference, and that
is a shame.
Ms. LOFGREN. Mr. Speaker, may I ask how much time is remaining?
The SPEAKER pro tempore. The gentlewoman from California has 4
minutes remaining. The gentleman from Illinois has 3\1/2\ minutes
remaining.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentlewoman from
North Carolina (Ms. Manning).
Ms. MANNING. Mr. Speaker, I rise to speak in support of my amendment,
which would bolster the mandate that no voter be forced to wait longer
than 30 minutes to cast their ballot.
In my home State of North Carolina, it is not uncommon for voters to
wait in line for hours on election day to vote. Long wait times come at
a cost. For people who work or have family obligations, it is
challenging to stand in line for hours to exercise their constitutional
right to vote.
Sadly, North Carolina is not alone. In recent elections, we have
witnessed lengthy wait times at polling locations across the country.
Research shows that people who live in poor and more diverse
neighborhoods are more likely to wait over an hour or more to vote.
Long wait times amount to voter suppression, plain and simple, by
causing voters to leave before voting, by

[[Page H1008]]

discouraging people from voting in future elections, and by decreasing
confidence in our democratic process.
Mr. Speaker, we must end this tactic of voter suppression, and I urge
my colleagues to vote for this amendment.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. LaMalfa), who was my fellow classmate in
the 113th Congress.
Mr. LaMALFA. Mr. Speaker, American voters deserve to have confidence
in their election process. This is not it.
A few basic principles: voter ID so we know who is showing up and who
is receiving ballots; a clean set of voting rolls so the people who are
eligible--of all types, the people who are truly eligible in this
country--are voting from their proper domicile; we know they are
citizens; and we know they are the right age.
But somehow we find these things to be problematic and somehow this
is going to be suppressing votes--what, for people being eligible to
vote being the actual voters that they live in the right State, that
they are the right age, and that they are citizens?
It is ridiculous the lengths that the Democrats want to go to upset
our election process and the confidence people have in it. It could be
really quite simple. Have the election end on election night. In one
place in my district, they found a box 30-something days after the
election. They had to open back up the certified election to take care
of a box that had drop-off ballots in it.
We are making a farce out of our elections in this country. And this,
by nationalizing them, will make it that much worse. In the
Constitution, the Congress established the States will run their
elections. We only need to have very narrow guidelines for how our
Federal ones are conducted.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentleman from
Minnesota (Mr. Phillips).
Mr. PHILLIPS. Mr. Speaker, Congress should be making it easier for
Americans to vote, not harder. That is why I am pleased to support H.R.
1, especially in the face of reprehensible efforts all around the
country to disenfranchise legal American voters.
I also believe that when a State changes its election procedures,
they have a responsibility to ensure that voters are informed of those
changes. That is why I wrote an amendment to H.R. 1 called the Voter
NOTICE Act, which simply requires States to form public outreach to
ensure that voters are proactively made aware of their voting rights.
As we are too well aware, Mr. Speaker, bad actors are all too eager
to exploit uncertainty and spread disinformation to mislead Americans
and divert the will of the people. The antidote is truth, and the Voter
NOTICE Act will deliver it.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I keep bringing up our
historic freshman class. I have got another member of that historic
freshman class who, frankly, has made history, too, in her short time
here.
Mr. Speaker, I yield 30 seconds to the gentlewoman from Georgia (Mrs.
Greene).
Mrs. GREENE of Georgia. Mr. Speaker, I rise in opposition to H.R. 1.
While we are talking about voter suppression and long lines, I would
like to point out that there is real voter suppression that happens
right here in Congress. Many Members of Congress have to stand in long
lines to enter the Chamber going through metal detectors, emptying our
pockets, and being treated very disrespectfully. That is real voter
suppression, and it is a shame that it happens right here on the House
floor.
Standing in line to vote is not suppression. It is just part of the
voting process, just like people stand in line to buy groceries in the
grocery store.
Ms. LOFGREN. Mr. Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, may I ask how much time is
remaining?
The SPEAKER pro tempore. The gentleman has 2 minutes remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself the balance
of my time to close.
Two minutes to solve the problems of this bill clearly are not
enough.
Mr. Speaker, the amendments in this bloc continue the Democrats'
efforts to attack our constitutional system by nationalizing our
elections and attacking the First Amendment. Even the Speaker herself
said earlier on the floor that this body should consider altering the
First Amendment. That is unbelievable.

Mr. Speaker, as my friend, Mr. Loudermilk, highlighted earlier, any
action by Congress in this space must be limited to correcting highly
significant and substantial deficiencies.
I had teams out in the field working under our constitutional
authority, as the House of Representatives, as official election
observers from October through February, to investigate and observe the
last election. We saw that there were certainly many bumps in the road
and policy changes that many States should consider to run better
elections. That is without a doubt. But there was nothing in 2020 that
rose to the level of nationalizing our election system. These are State
issues, and Congress--this body--must not act unconstitutionally in
this space.
Further, these amendments would also threaten free speech and punish
those who work to comply with the law with even larger amounts of
paperwork simply to provide information already required by law. I see
absolutely no reason for duplication in the Federal Government. It is
big enough as it is.
Mr. Speaker, for these reasons, I urge rejection of these amendments,
which would continue the majority's push to nationalize our elections
and centralize their administration in Washington, D.C., and they will
continue to be allowed to forward their full frontal attack on the
First Amendment, just as the Speaker offered earlier today on this
floor.
Mr. Speaker, I yield back the balance of my time.
Ms. LOFGREN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I just want to say that this amendment is worth
supporting. It makes improvements to the underlying bill. I was really
stunned to hear a comparison between Members of Congress going through
metal detectors--because some Members have, in violation of the rules,
carried weapons on to the House floor--and voters having to wait 8
hours to get to the polling booth, which actually happened last
November.
It is important that American voters have access to the polls to cast
their vote and to have that lawfully cast vote counted as cast. That is
what this is about.
I listened to my colleague and my friend, Mr. Davis, complain about
the constitutional basis for H.R. 1. But he has also introduced bills
like H.R. 6882, H.R. 3412, and H.R. 7905, which would all require
States to do certain things with respect to how they conduct elections.
I might disagree with the policies in those bills, but they all cite
Article I, Section 4 of the Constitution as the basis for their
legitimacy. So to say that we cannot improve the elections in America
under Article I, Section 4 simply is not correct.
So we will have more debate as these proceedings on H.R. 1 conclude,
but I will close with this: Please do support the en bloc amendments.
It improves the bill, and we will, hopefully, be passing H.R. 1 to make
America an even greater place in the near future.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today in support of En Bloc
Amendment No. 3 to H.R. 1, which includes the Gallego Amendment, an
important contribution to H.R. 1 that makes a long overdue technical
fix to the Help American Vote Act to ensure and to protect the right to
vote for Native Americans and others living with disabilities in the
four corners region of Arizona, New Mexico, Utah and Colorado.
Specifically, this amendment will extend funding under the Protection
and Advocacy for Voting Access program to the Native American
Disability Law Center to ensure people with disabilities in the region
can fully participate in the electoral process.
Too often, voters in this region drive hours to reach their nearest
polling place, only to find that the ballot is not accessible to them
due to inadequate disability training, ADA accessibility, or other
impediments to the constitutional right to vote.
Voting is a right of citizenship, and every polling place should be
adequately equipped to serve those with disabilities.
Nearly 15 percent of those eligible to vote in Texas are persons with
disabilities--almost 3

[[Page H1009]]

million people--and lack of accessibility causes people with
disabilities to vote at lower rates than the general population.
According to a study by the Government Accountability Office, nearly
two-thirds of the 137 polling places inspected in 2016 had at least one
impediment to people with disabilities.
These impediments included: the accessible voting machine not being
set up and powered on, malfunctioning earphones, lack of wheelchair
accessibility, and less privacy than standard voting stations.
Many people with disabilities cannot mark paper ballots without
assistance, so they rely on special voting machines, but untrained poll
workers have discouraged the use of accessible voting machines, leaving
voters with disabilities behind.
People with disabilities continue to report barriers including a lack
of accessible election and registration materials prior to elections,
lack of transportation to polling places, and problems securing
specific forms of identification required by some states.
Mr. Speaker, it is long past time to keep our promise for a fully
inclusive electoral process in Native and rural communities, and I urge
my colleagues to vote for En Bloc Amendment No. 3 to H.R. 1.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 179, the previous question is ordered on
the amendments en bloc offered by the gentlewoman from California (Ms.
Lofgren).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. LOFGREN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R. 1
is postponed.

____________________