[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:

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       (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.

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                      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.

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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

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.

[[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

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.

     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

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.

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.

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

                      TITLE III--ELECTION SECURITY

Sec. 3000. Short title; sense of Congress.

       Subtitle A--Financial Support for Election Infrastructure

           Part 1--Voting System Security Improvement Grants

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

    Part 2--Grants for Risk-Limiting Audits of Results of Elections

Sec. 3011. Grants to States for conducting risk-limiting audits of 
              results of elections.
Sec. 3012. GAO analysis of effects of audits.

        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.

[[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.

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

                      DIVISION B--CAMPAIGN FINANCE

                TITLE IV--CAMPAIGN FINANCE TRANSPARENCY

 Subtitle A--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.
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.

 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.

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

                 TITLE V--CAMPAIGN FINANCE EMPOWERMENT

       Subtitle A--Findings Relating to Citizens United Decision

Sec. 5001. Findings relating to Citizens United decision.

                  Subtitle B--Congressional Elections

Sec. 5100. Short title.

                 Part 1--My Voice Voucher Pilot Program

Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.

   Part 2--Small Dollar Financing of Congressional Election Campaigns

Sec. 5111. Benefits and eligibility requirements for candidates.

 ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

                         ``Subtitle A--Benefits

``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.

              ``Subtitle B--Eligibility and Certification

``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.

 ``Subtitle C--Requirements for Candidates Certified as Participating 
                               Candidates

``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.

                  ``Subtitle D--Enhanced Match Support

``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent funds 
              after election.

                ``Subtitle E--Administrative Provisions

``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and 
              political party committees on behalf of participating 
              candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates 
              for purposes other than campaign for election.
Sec. 5114. 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

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.
``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.
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.

[[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.

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

                  TITLE VI--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Restoring Integrity to America's Elections

Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election 
              Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory 
              opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. 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.

         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.

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

                           DIVISION C--ETHICS

                      TITLE VII--ETHICAL STANDARDS

                    Subtitle A--Supreme Court Ethics

Sec. 7001. Code of conduct for Federal judges.

                Subtitle B--Foreign Agents Registration

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

                 Subtitle C--Lobbying Disclosure Reform

Sec. 7201. Expanding scope of individuals and activities subject to 
              requirements of Lobbying Disclosure Act of 1995.
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.

                    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.

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

   TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND 
                     FEDERAL OFFICERS AND EMPLOYEES

           Subtitle A--Executive Branch Conflict of Interest

Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government 
              service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment 
              from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the 
              private sector.
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.

[[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

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.

  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.

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

      TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 10001. Presidential and Vice Presidential tax transparency.

     SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 
                   TRANSPARENCY.

       (a) Definitions.--In this section--
       (1) The term ``covered candidate'' means a candidate of a 
     major party in a general election for the office of President 
     or Vice President.
       (2) The term ``major party'' has the meaning given the term 
     in section 9002 of the Internal Revenue Code of 1986.
       (3) The term ``income tax return'' means, with respect to 
     an individual, any return (as such term is defined in section 
     6103(b)(1) of the Internal Revenue Code of 1986, except that 
     such term shall not include declarations of estimated tax) 
     of--
       (A) such individual, other than information returns issued 
     to persons other than such individual; or
       (B) of any corporation, partnership, or trust in which such 
     individual holds, directly or indirectly, a significant 
     interest as the sole or principal owner or the sole or 
     principal beneficial owner (as such terms are defined in 
     regulations prescribed by the Secretary of the Treasury or 
     his delegate).
       (4) The term ``Secretary'' means the Secretary of the 
     Treasury or the delegate of the Secretary.
       (b) Disclosure.--
       (1) In general.--
       (A) Candidates for president and vice president.--Not later 
     than the date that is 15 days after the date on which an 
     individual becomes a covered candidate, the individual shall 
     submit to the Federal Election Commission a copy of the 
     individual's income tax returns for the 10 most recent 
     taxable years for which a return has been filed with the 
     Internal Revenue Service.
       (B) President and vice president.--With respect to an 
     individual who is the President or Vice President, not later 
     than the due date for the return of tax for each taxable 
     year, such individual shall submit to the Federal Election 
     Commission a copy of the individual's income tax returns for 
     the taxable year and for the 9 preceding taxable years.
       (C) Transition rule for sitting presidents and vice 
     presidents.--Not later than the date that is 30 days after 
     the date of enactment of this section, an individual who is 
     the President or Vice President on such date of enactment 
     shall submit to the Federal Election Commission a copy of the 
     income tax returns for the 10 most recent taxable years for 
     which a return has been filed with the Internal Revenue 
     Service.
       (2) Failure to disclose.--If any requirement under 
     paragraph (1) to submit an income tax return is not met, the 
     chairman of the Federal Election Commission shall submit to 
     the Secretary a written request that the Secretary provide 
     the Federal Election Commission with the income tax return.
       (3) Publicly available.--The chairman of the Federal 
     Election Commission shall make publicly available each income 
     tax return submitted under paragraph (1) in the same manner 
     as a return provided under section 6103(l)(23) of the 
     Internal Revenue Code of 1986 (as added by this section).
       (4) Treatment as a report under the federal election 
     campaign act of 1971.--For purposes of the Federal Election 
     Campaign Act of 1971, any income tax return submitted under 
     paragraph (1) or provided under section 6103(l)(23) of the 
     Internal Revenue Code of 1986 (as added by this section) 
     shall, after redaction under paragraph (3) or subparagraph 
     (B)(ii) of such section, be treated as a report filed under 
     the Federal Election Campaign Act of 1971.
       (c) Disclosure of Returns of Presidents and Vice Presidents 
     and Certain Candidates for President and Vice President.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(23) Disclosure of return information of presidents and 
     vice presidents and certain candidates for president and vice 
     president.--
       ``(A) In general.--Upon written request by the chairman of 
     the Federal Election Commission under section 10001(b)(2) of 
     the For the People Act of 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.

                          ____________________