[Congressional Record Volume 167, Number 40 (Wednesday, March 3, 2021)]
[House]
[Pages H1023-H1037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOR THE PEOPLE ACT OF 2021
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of 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, will now resume.
The Clerk read the title of the bill.
Amendment No. 28 Offered by Mrs. Lesko
The SPEAKER pro tempore. It is now in order to consider amendment No.
28 printed in part B of House Report 117-9.
Mrs. LESKO. 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:
[[Page H1024]]
Strike section 4208.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from Arizona (Mrs. Lesko) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Arizona.
Mrs. LESKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am here today to offer an amendment to remove section
4208 from H.R. 1.
Section 4208 is a dangerous provision of this bill that will put
people's private information on display and put their personal security
at risk.
This section aims to forbid anonymous speech. Throughout American
history, anonymous speech about political matters has played a vital
role. From the Federalist Papers, to those who supported the civil
rights movement of the 1950s and 1960s, many in history had very
legitimate fears of having their identities uncovered and relied on
anonymous speech to show their support for certain policies and
initiatives.
Section 4208 removes the protection of anonymous speech forever. By
requiring public reporting of the private information of individuals,
partnerships, associations, and any group of people who spend $500 or
more on political advertising--which is a very broad definition in this
bill--we put individuals at risk.
Furthermore, we drastically limit free speech and destroy the First
Amendment. Notably, the courts have already begun to warn against the
constitutionality of similar provisions in State law. We cannot allow
this to stand. Not only will it cause a security problem for these
individuals but, as we have seen, people could lose their jobs, be
shamed, or even worse.
I urge my colleagues to support this amendment.
Mr. Speaker, I yield 1 minute to the gentlewoman from Florida (Mrs.
Cammack).
Mrs. CAMMACK. Mr. Speaker, I thank the gentlewoman from Arizona for
yielding, and I am proud to support her amendment.
Mr. Speaker, I rise today in opposition to H.R. 1, the so-called For
the People Act a/k/a the for the politicians act. Supporters of this
bill claim that it is the fix needed for the problems within our
Nation's electoral system, but in reality this bill is a power grab
that will blur the lines between official and campaign resources and
leave taxpayers footing the bill.
It is shameful that this body is even considering this legislation
that forces hardworking Americans amid an unprecedented crisis to give
politicians money. H.R. 1 would funnel millions of taxpayer dollars
into the campaign accounts of politicians through voucher and funding
match programs. This bill will allow 16-year-olds to vote, give $25
vouchers to individuals to donate to the candidate of their choice,
redefines free speech, triggers universal mail-in ballots, creates an
election czar, strips voter ID requirements, and so much more.
This bill jeopardizes the future of Americans' freedom of speech with
new requirements for public disclosure of support of political
campaigns and candidates.
Mr. Speaker, we cannot claim to be protecting the rights and freedoms
enshrined in our Constitution when this, the For the People Act--more
aptly named the for the politicians act--is under consideration.
Mrs. LESKO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Van Duyne).
Ms. VAN DUYNE. Mr. Speaker, I appreciate the gentlewoman's amendment,
and I will be supporting it.
Mr. Speaker, I rise today in opposition to H.R. 1, the underlying
bill, the ``destroy election integrity and centralize all power in
Washington, D.C., act'' that Democrats are, once again, pushing because
they never have and never will believe in the rights of our States and
the limited power of Federal Government.
Some of my colleagues who took every opportunity to emphasize that
democracy was on the ballot in this past election have returned to
Congress eager to change election laws in their favor.
H.R. 1 is wholly about control--control of free speech and control of
how elections are conducted. And when they exercise this control, their
purpose is to crush opposing views, because opposing views will not be
tolerated when there are Democrat majorities at stake.
America's strength lies in its free speech and decentralized
elections, and we must continue to make our election system more
resilient to natural challenges and foreign actors. H.R. 1 fails to do
this on all fronts.
Mr. Speaker, I was elected by the people of the 24th District of
Texas to stand up for freedom, the rule of law, and limited government.
I urge my colleagues to vote against this vile new form of tyranny in
H.R. 1.
Mrs. LESKO. Mr. Speaker, I yield back the balance of my time.
Ms. LOFGREN. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentlewoman from California is
recognized for 5 minutes.
Ms. LOFGREN. Mr. Speaker, I disagree with this amendment. It would
strike section 4208 of H.R. 1 which requires online platforms to retain
records of certain online political advertisements. According to Forbes
magazine, political advertisers spent $1.6 billion online in the 2020
election--almost 10 times what they spent in 2012.
At a time when Americans are increasingly bombarded with political
ads online, striking this provision is not useful and would harm the
efforts of this bill to provide increased transparency in political
advertising. Fundamentally, Americans deserve to know who is paying for
online political ads to ensure that they are informed voters.
Digital advertising can also have a far greater reach than broadcast
advertising. Online political ads are relatively inexpensive to produce
and can be disseminated instantly to vast audiences across great
distances without regard to geographic boundaries. It is time for our
disclosure and disclaimer laws and regulations to be updated to reflect
how campaigns are run in the 21st century and how to keep pace with
changing technology.
The online platform records requirements in this section are key to
the Honest Ads Act, which is a part of H.R. 1, designed to improve
transparency in political advertising. By requiring online platforms to
retain copies of political ads, everyday Americans at home will be able
to see who is paying for what. These requirements are narrowly drawn
and only apply to online platforms with over 50 million monthly unique
visitors and to advertisers who run over $500 a year in political
advertisements.
Mr. Speaker, I urge my colleagues to vote ``no'' on the measure and
protect this important reform.
Mr. Speaker, I yield 1 minute to the gentlewoman from Massachusetts
(Ms. Clark).
Ms. CLARK of Massachusetts. Mr. Speaker, the insurrection on January
6 had a specific purpose: to overturn our election and to violently
disenfranchise millions of voters.
The immediate threat to the Capitol has been quelled, but our
democracy's future is still unclear. Across the country there are
ongoing efforts to suppress and limit votes. Dark money fuels campaigns
without transparency and accountability, and partisan gerrymandering
tilts the playing field.
A vote for H.R. 1 is a vote for equality, for transparency, and for
returning power to the people.
Mr. Speaker, 56 years ago on March 7, John Lewis almost lost his life
on the Edmund Pettus Bridge for the right to vote. He said: ``Your vote
is precious, almost sacred. It is the most powerful, nonviolent tool we
have to create a more perfect union.''
Let's strive for that more perfect union. Let's confirm our democracy
and vote ``yes'' on H.R. 1.
{time} 1045
Ms. LOFGREN. Mr. Speaker, I would just note that the late Justice
Scalia, who was not exactly one of our liberal beacons on the Court,
said this: ``Requiring people to stand up in public for their political
acts fosters civic courage, without which democracy is doomed.''
Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr.
Raskin).
Mr. RASKIN. Mr. Speaker, the amendment proposes to knock out the
[[Page H1025]]
heart of the Honest Ads Act, so the public won't know who is purchasing
ads online. That is the exact opposite of what we need to be doing. We
need far greater transparency about who is polluting the airwaves and
who is polluting the internet with propaganda and fake news. We should
know who is paying for all of that.
This used to be a very solid bipartisan commitment between Democrats
and Republicans. Everybody agreed there should at least be disclosure
of campaign spending.
Now, they not only want to put out propaganda online, but they don't
even want anybody to know who is paying for it. That is the opposite
direction that we should be moving in America.
We should be defending everybody's right to vote, everybody's right
to participate against all of the schemes to undermine voting rights,
and we should make sure that everybody knows who is putting money into
the political system.
I urge a ``no'' vote on that amendment.
Ms. LOFGREN. Mr. Speaker, I yield to the gentlewoman from Florida
(Ms. Wasserman Schultz) for the purpose of a colloquy.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, in Florida, we have strong
redistricting standards that were passed by a large majority of Florida
voters and placed in our State constitution.
I also recognize that strong standards and criteria are provided for
in H.R. 1.
Would the chairperson agree to working together with the State-
adopted redistricting criteria to ensure H.R. 1 does not dilute the
Florida requirements?
Ms. LOFGREN. Mr. Speaker, I am happy to work with the gentlewoman as
this bill advances towards enactment.
Mr. Speaker, I have no additional speakers, and I would urge a ``no''
vote on the Lesko amendment.
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
gentlewoman from Arizona (Mrs. Lesko).
The question is on the amendment.
The amendment was rejected.
A motion to reconsider was laid on the table.
Amendment No. 37 Offered by Ms. Pressley
The SPEAKER pro tempore. It is now in order to consider amendment No.
37 printed in part B of House Report 117-9.
Ms. PRESSLEY. 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:
Page 88, after line 8, insert the following:
SEC. 1055. LOWERING MANDATORY MINIMUM VOTING AGE IN FEDERAL
ELECTIONS.
(a) Lowering Voting Age to 16 Years of Age.--A State may
not refuse to permit an individual to register to vote or
vote in an election for Federal office held in the State on
the grounds of the individual's age if the individual will be
at least 16 years of age on the date of the election.
(b) Effective Date.--This section shall apply with respect
to elections held in 2022 or any succeeding year.
The SPEAKER pro tempore. Pursuant to House Resolution 179, the
gentlewoman from Massachusetts (Ms. Pressley) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Massachusetts.
Ms. PRESSLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of my amendment to H.R. 1, the
For the People Act.
H.R. 1 is bold, transformative legislation, which fights voter
suppression, promotes access to the ballot, cracks down on money in
politics, and provides transparency to the American people.
Passing this bill has never been more urgent. We must act to protect
and preserve our democracy.
My amendment gets to the heart of H.R. 1 and recognizes the
contributions that young people continue to make to our democracy.
By lowering the Federal voting age from 18 to 16 years of age, my
amendment would enfranchise young Americans to help shape and form the
policies that will set the course for our future.
From police violence, to immigration reform, to climate change, to
the future of work and the minimum wage, our young people are
organizing, mobilizing, and calling us to action. They are at the
forefront of social movements and have more than earned inclusion in
our democracy.
Mr. Speaker, 16- and 17-year-old constituents of mine are supporting
their families. They are working, not for enrichment or to build a
resume, but because they have no choice. They are attending school
full-time and taking care of loved ones in the midst of the COVID
crisis.
Young people are contributing both to the labor force and their local
economies by paying taxes, and yet they are deprived of the opportunity
to exercise their right to vote.
Some have questioned the maturity of our youth. I don't.
Sixteen- and 17-year-olds today possess wisdom and maturity defined
by today's challenges, hardships, and opportunities.
They deserve and demand a government that is accountable to them, a
government that values their voices, and understands the depth and
breadth of their lived experience.
They are not a monolith. But they are nation-builders, living through
a global pandemic, confronting racial injustice, and rebuilding our
democracy.
Now is the time for us to meet the moment and enfranchise 16- and 17-
year-olds.
I would like to thank my colleagues and dear friends, Representatives
Meng and Schakowsky, for their leadership on this issue and for
cosponsoring my amendment.
Mr. Speaker, I yield 1 minute to the gentlewoman from Illinois (Ms.
Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, first, I want to thank my friend, Ayanna
Pressley, the wonderful congresswoman from Massachusetts. I have had
the pleasure of knowing Ayanna Pressley well before she was even 16,
and she was ready to vote as soon as that.
I want to say that all over the country, and especially in my
district, I feel we see young people, young activists, who are working
tirelessly to make their voices heard, from battling climate change,
battling gun violence, to advocating for racial justice and economic
equality.
This is their century, and our national leadership should be
accountable to them, to these young people in their generation who will
be most impacted by the existential threats that are looming before us
today.
This is a serious proposal. Sixteen-year-olds are doing the work of
adults, and they should be treated with the respect that they deserve
and the participation that they should be able to have.
So I heartily support this amendment and urge my colleagues to
consider it carefully and vote for it.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise in opposition to
this amendment.
The SPEAKER pro tempore. The gentleman from Illinois is recognized
for 5 minutes.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Meuser), my good friend.
Mr. MEUSER. Mr. Speaker, our Nation faces serious challenges,
including an ongoing pandemic, vaccine distribution hurdles, continued
lockdowns from out-of-touch Governors, prolonged closures of our
schools, and one-in-four small businesses face the risk of permanent
closure.
At a time when the American people are concerned with election
integrity, a top priority of our Democrat leadership is to federalize
election laws, removing the authority of State legislatures expressed
in Article I, Section 4 of the Constitution.
H.R. 1, the bill before us today, would allow for taxpayer-funded
campaigns through a government match on political contributions at a 6-
to-1 ratio. So a $200 contribution would be matched by the taxpayer to
the tune of $1,200.
H.R. 1 would also hinder the rights of States to determine their
registration voting practices, including mandating automatic voter
registration.
The suggestion being made by my Democrat friends and colleagues that
opposition to this legislation is somehow a form of voter suppression
is ridiculous. I and my colleagues would never consider engaging in a
course of
[[Page H1026]]
action that suppresses a citizen's legitimate right to vote.
This is a partisan power grab that threatens election integrity.
``One citizen, one vote'' is my solemn resolve. I oppose this amendment
and the underlying bill.
Ms. PRESSLEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Mr. Speaker, first of all, let me rise to
support the Pressley-Meng-Schakowsky amendment. I thank Congresswoman
Pressley for bringing this forward and to say that she is about the
future and really about making sure that civic participation is really
enhanced and moved forward by allowing for this amendment to come into
this bill, H.R. 1, because this is what it is about. It is about our
democracy, and she has been consistent in terms of inclusion and making
sure our democracy works.
Elections are about the future, and no one has more at stake in that
future than our youth. By age 16, we trust our young people with a host
of important decisions and responsibilities. It is the moment when
lifelong habits are built and when ideas about the world become to be
fixed. Evidence has shown that when people start voting younger, they
are more likely to exercise their right to vote as they grow older.
Too many of the arguments against lowering the voting age to 16
crumble when you really examine them clearly. Often the objection is
simply that 16-year-olds are too young to exercise good judgment. This
is really a patronizing thought. In fact, it is downright scary to
think that we would have our government policies decide what
constitutes as wisdom for our young people.
It is past time for us to elevate voting as one of the central
responsibilities of our democracy. I urge an ``aye'' vote.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. Calvert), my good friend.
Mr. CALVERT. Mr. Speaker, I rise in opposition to the amendment en
bloc No. 4 and the underlying bill.
I have a long list of concerns with this bill, and at the top of this
list is nationwide ballot harvesting.
Democrats in California have already legalized ballot harvesting in
our State. Despite our concerns with the practice, Republicans were
determined to play by the rules and utilized legal ballot collection
methods in the last election.
One amendment in this package, offered by my California colleague,
puts this hypocrisy on full display. Under current law, with my
colleague's amendment, a foreign operative--maybe a Russian operative,
maybe a Chinese spy--could still handle ballots for untold numbers of
people. My colleague's amendment is a blatant attempt to criticize
ballot harvesting only when the other guys do it.
In other words, California Democrats think it is fine when their paid
operatives collect ballots from strangers and throw them in a bag. But
they object when churches try to collect them for members of their
congregation and put them in a box.
Don't be fooled. Democrats don't want to facilitate ballot collection
for all Americans. They just want to make it easier for their
operatives to harvest ballots and will cry foul whenever Republicans
try to play by the same rules.
Ms. PRESSLEY. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Jones).
Mr. JONES. Mr. Speaker, I stand in this Chamber today thanks to the
young people of Westchester and Rockland Counties.
When I first ran for Congress, I was joined by a small group of
young, committed volunteers. Many of them were not eligible to vote.
Many of them were 16 and 17 years old. And my goodness, did they know
more about policy and national politics than people who are four and
five times their senior.
In this country, when you are 16 and 17 years old, we charge you as
an adult in the courtroom. You are able to drive to the job we expect
you to work in order to help support your family. So I think that the
least we can do is give 16- and 17-year-olds a say in who governs them.
{time} 1100
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from Virginia (Mr. Cline), another great friend.
Mr. CLINE. Mr. Speaker, the Constitution vests primary responsibility
in State legislatures to set the times, places, and manner of
congressional elections, allowing States and localities to determine
how best to conduct elections that suit the needs of voters in their
communities.
But the bill before us today, and this amendment also, reverses the
longstanding history of State control over the electoral process, makes
unconstitutional changes to our election laws through a top-down
Federal power grab, and places unprecedented limitations on political
speech.
Rather than strengthening the election process by working with
Republicans to find bipartisan solutions, H.R. 1 was written without
any input from Republican Members. Some of the most egregious
provisions include mandating that States allow ballot harvesting,
mandating same-day registration in all 50 States, abolishing the
signature requirements for mail-in ballots, mandating absentee ballots
be accepted up to 10 days after election day, mandating that States
send ballots in the mail proactively, and, finally, forcing taxpayers
to pay politicians to campaign for office.
This bill is nothing more than an attempt by Democrats to cement
their fragile and fleeting majorities at taxpayer expense.
The bill would limit the free speech of my voters, use my voters' tax
dollars to fund candidates, and violate the Constitution by superseding
the Commonwealth's ability to determine their own laws on voter
eligibility.
Mr. Speaker, I urge my colleagues to join me in opposing this
misguided and radical legislation.
Ms. PRESSLEY. Mr. Speaker, we must do right by the young organizers
and activists who have fought for our democracy. They have a stake in
our democracy, and they deserve to have a stake at the ballot box.
Civil rights heroes like the late John Lewis taught us through
example that no one is too young to fight for access to the ballot. In
fact, he supported this very amendment last Congress.
Mr. Speaker, I respectfully request my colleagues to support this
amendment, and I yield back the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from Kentucky (Mr. Barr), a mediocre friend, not a great
friend.
Mr. BARR. Mr. Speaker, after a divisive election season, allegations
of election fraud, objections to the electoral college, and
impeachment, a friend of mine on the other side of the aisle recently
asked what it would take to unify our country. My answer is that it is
certainly not this legislation which, from my standpoint, is the most
divisive, unconstitutional, and destructive piece of legislation in my
time in Congress.
They call it the For the People Act, but it should be called the for
the politicians act because it would force taxpayers to fund political
campaigns, including the campaigns of politicians with whom those
taxpayers disagree.
Maybe a better name would be the election power grab act because it
would normalize the chaos, uncertainty, and irregularities surrounding
mail-in voting in the 2020 election by centralizing the administration
of elections in Washington, D.C., commandeering States to permanently
expand mail-in voting without safeguards, legalize ballot harvesting,
disregard voter ID laws, permit same-day voter registration without
citizenship verification, among other egregious measures.
Mr. Speaker, election laws should make it easy to vote and hard to
cheat. This bill would not only make it easy to cheat, but it would
also effectively make it legal to cheat.
At a time when half of Americans have lost confidence in the
integrity of our elections, this bill will only drive distrust and
division higher.
Mr. Speaker, for the sake of ending division in our country, I urge
my colleagues to vote ``no'' on this power grab of our elections.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from Texas (Mr. Fallon), another mediocre friend.
Mr. FALLON. Mr. Speaker, I have only been here 2 months, and in that
[[Page H1027]]
time, I have seen some bad legislation. To date, this is one of the
worst that I have seen.
The age of consent has always coincided with the franchise. For
nearly 200 years, it was 21. Then, in the 1970s, they changed it to 18.
Our society has agreed since then, for 50 years, that 18 is when a
child becomes an adult. I find it interesting that our friends across
the aisle don't want to have 16- and 17-year-olds tried as adults when
they commit violent adult crimes, yet they want those 16- and 17-year-
olds to have the franchise. Some even, believe it or not, want 16- and
17-year-olds who are convicted of murder to be able to vote while they
are in prison after they have been convicted.
Mr. Speaker, this is a horrible amendment, and I respectfully request
that all of our Members join us in voting ``no.''
Mr. RODNEY DAVIS of Illinois. 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
gentlewoman from Massachusetts (Ms. Pressley).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mr. RODNEY DAVIS of Illinois. 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.
Amendments En Bloc No. 4 Offered by Ms. Lofgren of California.
Ms. LOFGREN. Mr. Speaker, 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. 4 consisting of amendment Nos. 40, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, and 56, printed in part
B of House Report 117-9, offered by Ms. Lofgren of California:
Amendment No. 40 Offered by Ms. Spanberger of Virginia
Add at the end of subtitle B of title VII the following:
SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON
ONLINE PLATFORMS BY AGENTS OF FOREIGN
PRINCIPALS ON BEHALF OF CLIENTS.
(a) Method and Form of Disclaimer; Preservation of
Disclaimers by Certain Social Media Platforms.--
(1) Requirements described.--Section 4(b) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C.
614(b)) is amended--
(A) by striking ``(b) It shall be unlawful'' and inserting
``(b)(1) It shall be unlawful''; and
(B) by adding at the end the following new paragraph:
``(2) In the case of informational materials for or in the
interests of a foreign principal which are transmitted or
caused to be transmitted by an agent of a foreign principal
by posting on an online platform, the agent shall ensure that
the conspicuous statement required to be placed in such
materials under this subsection is placed directly with the
material posted on the platform and is not accessible only
through a hyperlink or other reference to another source.
``(3) If the Attorney General determines that the
application of paragraph (2) to materials posted on an online
platform is not feasible because the length of the
conspicuous statement required to be placed in materials
under this subsection makes the inclusion of the entire
statement incompatible with the posting of the materials on
that platform, an agent may meet the requirements of
paragraph (2) by ensuring that an abbreviated version of the
statement, stating that the materials are distributed by a
foreign agent on behalf of a clearly identified foreign
principal, is placed directly with the material posted on the
platform.
``(4) An online platform on which informational materials
described in paragraph (2) are posted shall ensure that the
conspicuous statement described in such paragraph (or, if
applicable, the abbreviated statement described in paragraph
(3)) is maintained with such materials at all times,
including after the material is shared in a social media post
on the platform, but only if the platform has 50,000,000 or
more unique monthly United States visitors or users for a
majority of months during the 12 months preceding the
dissemination of the materials.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to materials disseminated on or
after the expiration of the 60-day period which begins on the
date of the enactment of this Act, without regard to whether
or not the Attorney General has promulgated regulations to
carry out such amendments prior to the expiration of such
period.
(b) Application of Requirements to Persons Outside the
United States.--
(1) In general.--Section 4(b)(1) of such Act (22 U.S.C.
614(b)(1)), as amended by subsection (a), is amended by
striking ``any person within the United States'' and
inserting ``any person''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or
after the expiration of the 60-day period which begins on the
date of the enactment of this Act, without regard to whether
or not the Attorney General has promulgated regulations to
carry out such amendments prior to the expiration of such
period.
(c) Requirements for Online Platforms Disseminating
Informational Materials Transmitted by Agents of Foreign
Principals.--
(1) In general.--Section 4 of such Act (22 U.S.C. 614) is
amended by adding at the end the following new subsection:
``(g) If the Attorney General determines that an agent of a
foreign principal transmitted or caused to be transmitted
informational materials on an online platform for or in the
interests of the foreign principal and did not meet the
requirements of subsection (b)(2) (relating to the
conspicuous statement required to be placed in such
materials)--
``(1) the Attorney General shall notify the online
platform; and
``(2) the online platform shall remove such materials and
use reasonable efforts to inform recipients of such materials
that the materials were disseminated by a foreign agent on
behalf of a foreign principal.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or
after the expiration of the 60-day period which begins on the
date of the enactment of this Act.
(d) Definition.--Section 1 of such Act (22 U.S.C. 611) is
amended by inserting after subsection (i) the following new
subsection:
``(j) The term `online platform' means any public-facing
website, web application, or digital application (including a
social network, ad network, or search engine).''.
SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO
ENGAGE WITH THE UNITED STATES IN POLITICAL
ACTIVITIES FOR A FOREIGN PRINCIPAL IN ANY PLACE
AS AGENTS OF FOREIGN PRINCIPALS.
Section 1(c)(1)(i) of the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by
inserting after ``United States'' the following: ``(whether
within or outside of the United States)''.
SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT
OF FOREIGN AGENTS REGISTRATION ACT OF 1938.
(a) Analysis.--The Attorney General shall conduct an
analysis of the legal, policy, and procedural challenges to
the effective enforcement of the Foreign Agents Registration
Act of 1938, as amended (22 U.S.C. 611 et seq.).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report on the analysis conducted under subsection
(a), and shall include in the report such recommendations,
including recommendations for revisions to the Foreign Agents
Registration Act of 1938, as the Attorney General considers
appropriate to promote the effective enforcement of such Act.
AMENDMENT NO. 41 OFFERED BY MS. SPEIER OF CALIFORNIA
Page 476, strike lines 5 through 9 and insert the
following:
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, the number of views by unique individuals
generated by the advertisement, the number of times the
advertisement was shared, and the date and time that the
advertisement is first displayed and last displayed.''.
AMENDMENT NO. 42 OFFERED BY MS. SPEIER OF CALIFORNIA
Page 50, line 14, strike ``and'' at then end.
Page 50, line 20, insert ``and'' at the end.
Page 50, after line 20, insert the following:
(G) an explanation of what information the State and local
election officials maintain with respect to an individual
voter registration status for purposes of elections for
Federal office in the State, how that information is shared
or sold and with whom, what information is automatically kept
confidential, what information is needed to access voter
information online, and what privacy programs are available,
such as those described in section 1055;
Page 88, after line 8 insert the following (and conform the
table of contents accordingly):
SEC. 1055. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER
PRIVACY PROGRAMS.
(a) In General.--Each State shall establish and operate a
privacy program to enable victims of domestic violence,
dating violence, stalking, sexual assault, and trafficking to
have personally identifiable information that the State or
local election officials maintain with respect to an
individual voter registration status for purposes of
elections for Federal office in the State, including
addresses, be kept confidential.
(b) Notice.--Each State shall notify residents of that
State of the information that
[[Page H1028]]
State and local election officials maintain with respect to
an individual voter registration status for purposes of
elections for Federal office in the State, how that
information is shared or sold and with whom, what information
is automatically kept confidential, what information is
needed to access voter information online, and the privacy
programs that are available.
(c) Public Availability.--Each State shall make information
about the program established under subsection (a) available
on a publicly accessible website.
(d) Definitions.--In this section:
(1) The terms ``domestic violence'', ``stalking'', ``sexual
assault'', and ``dating violence'' have the meanings given
such terms in section 40002 of the Violence Against Women Act
of 1994 (34 U.S.C. 12291).
(2) The term ``trafficking'' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
AMENDMENT NO. 43 OFFERED BY MS. SPEIER OF CALIFORNIA
Page 666, insert after line 2 the following new section
(and redesignate the succeeding section accordingly):
SECTION 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR
OFFENSES UNDER FEDERAL ELECTION CAMPAIGN ACT OF
1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by
inserting after paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under
this subsection with respect to a violation of this Act
unless a complaint is filed with the Commission with respect
to the violation under paragraph (1), or the Commission
responds to information with respect to the violation which
is ascertained in the normal course of carrying out its
supervisory responsibilities under paragraph (2), not later
than 15 years after the date on which the violation
occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52
U.S.C. 30145(a)) is amended by striking ``5 years'' and
inserting ``10 years''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
AMENDMENT NO. 44 OFFERED BY MS. SPEIER OF CALIFORNIA
Page 154, beginning line 2, strike ``at least one voting
system'' and insert ``a sufficient number, but at least one,
of voting systems, as determined by the Commission in
consultation with the United States Access Board and the
National Institute of Standards and Technology,''.
Page 154, beginning line 3, strike ``for individuals with
disabilities'' and insert ``to serve individuals with and
without disabilities''.
Page 154, beginning line 7, strike ``at each polling
place'' and insert ``for all in person voting options''.
AMENDMENT NO. 45 OFFERED BY MR. SWALWELL OF CALIFORNIA
Page 223, line 18 , insert ``, without being subjected to
intimidation or deceptive practices,'' after ``vote''.
AMENDMENT NO. 46 OFFERED BY MR. SWALWELL OF CALIFORNIA
Page 129, line 8, insert ``, including by operating a
polling place or ballot box that falsely purports to be an
official location established for such an election by a unit
of government'' before the period.
AMENDMENT NO. 47 OFFERED BY MR. SWALWELL OF CALIFORNIA
Page 220, line 20, strike ``clause'' and insert ``clause,
and shall include on the institution's website and boost
awareness on the institution's social media platforms,''.
AMENDMENT NO. 48 OFFERED BY MS. TLAIB OF MICHIGAN
Page 94, insert after line 25 the following (and
redesignate the succeeding provisions accordingly):
(c) Priority for Schools Receiving Title I Funds.--In
selecting among eligible local educational agencies for
receiving funds under the pilot program under this part, the
Commission shall give priority to local educational agencies
that receive funds under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq).
AMENDMENT NO. 49 OFFERED BY MS. TLAIB OF MICHIGAN
Page 79, insert after line 9 the following (and redesignate
the succeeding provisions accordingly):
``(c) Ensuring Availability of Forms.--The State shall
ensure that each polling place has copies of any forms an
individual may be required to complete in order to register
to vote or revise the individual's voter registration
information under this section.''.
AMENDMENT NO. 50 OFFERED BY MS. TLAIB OF MICHIGAN
Page 248, line 15, strike the closing quotation mark and
the second period.
Page 248, insert after line 15 the following:
``(c) Minimum Hours of Operation Outside of Typical Working
Hours.--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 no polling place
is open for less than a total of 4 hours outside of the hours
between 9:00 am and 5:00 pm in time zone in which the polling
place is located.''.
AMENDMENT NO. 51 OFFERED BY MR. TORRES OF NEW YORK
Page 548, strike lines 3 through 12 and insert the
following:
(c) Study and Report on Impact and Effectiveness of Voucher
Programs.--
(1) Study.--The Federal Election Commission shall conduct a
study on the efficacy of political voucher programs,
including the program under this part and other similar
programs, in expanding and diversifying the pool of
individuals who participate in the electoral process,
including those who participate as donors and those who
participate as candidates.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall publish and
submit to Congress a report on the study conducted under
subsection (a), and shall include in the report such
recommendations as the Commission considers appropriate which
would enable political voucher programs to be implemented on
a national scale.
AMENDMENT NO. 52 OFFERED BY MR. TORRES OF NEW YORK
Page 255, after line 16, insert the following:
SEC. 1909. GAO STUDY ON VOTER TURNOUT RATES.
The Comptroller General of the United States shall conduct
a study on voter turnout rates delineated by age in States
and localities that permit voters to participate in elections
before reaching the age of 18, with a focus on localities
that permit voting upon reaching the age of 16.
AMENDMENT NO. 53 OFFERED BY MR. TORRES OF NEW YORK
Page 255, insert before line 17, the following new section
(and conform the table of contents accordingly):
SEC. 1909. STUDY ON RANKED-CHOICE VOTING.
(a) Study.--The Comptroller General shall conduct a study
on the implementation and impact of ranked-choice voting in
States and localities with a focus on how to best implement a
model for Federal elections nationwide. The study shall
include the impact on voter turnout, negative campaigning,
and who decides to run for office.
(b) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall
transmit to Congress a report on the study conducted under
subsection (a), including any recommendations on how to best
implement a ranked-choice voting for Federal elections
nationwide.
AMENDMENT NO. 54 OFFERED BY MS. UNDERWOOD OF ILLINOIS
In section 542(a)(1) of the Federal Election Campaign Act
of 1971, as added by section 5111 of the bill--
(1) strike ``and'' at the end of subparagraph (D);
(2) redesignate subparagraph (E) as subparagraph (F); and
(3) insert after subparagraph (D) the following new
subparagraph:
(E) the extent to which the program increased opportunities
for participation by candidates of diverse racial, gender,
and socio-economic backgrounds; and
AMENDMENT NO. 55 OFFERED BY MS. WATERS OF CALIFORNIA
On page 124, line 1, strike ``criminal penalties'' and
insert ``criminal, civil, or other legal penalties''.
On page 128, line 17, strike ``criminal penalties'' and
insert ``criminal, civil, or other legal penalties''.
AMENDMENT NO. 56 OFFERED BY MS. WILLIAMS OF GEORGIA
Page 88, after line 8, insert the following:
SEC. 1055. INCLUSION OF VOTER REGISTRATION INFORMATION WITH
CERTAIN LEASES AND VOUCHERS FOR FEDERALLY
ASSISTED RENTAL HOUSING AND MORTGAGE
APPLICATIONS.
(a) Development of Uniform Statement.--The Director of the
Bureau of Consumer Financial Protection, in coordination with
the Election Assistance Commission, shall develop a uniform
statement designed to provide recipients of such statement
pursuant to this section of how they can register to vote and
their voting rights under law.
(b) Leases and Vouchers for Federally Assisted Rental
Housing.--The Secretary of Housing and Urban Development
shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (a) to
each lessee of a dwelling unit in public housing administered
by such agency--
(A) together with the lease for such a dwelling unit, at
the same time such lease is provided to the lessee; and
(B) together with any income verification form, at the same
time such form is provided to the lessee;
(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13)
of such section 8(o), to provide a copy of the uniform
statement developed pursuant to subsection (a) to each
assisted family or individual--
(A) together with the voucher for such assistance, at the
time such voucher is issued for such family or individual;
and
(B) together with any income verification form, at the same
time such form is provided to the applicant or assisted
family or individual; and
(3) each owner of a dwelling unit assisted with Federal
project-based rental assistance
[[Page H1029]]
to provide a copy of the uniform statement developed pursuant
to subsection (a) to provide to the lessee of such dwelling
unit--
(A) together with the lease for such dwelling unit, at the
same time such form is provided to the lessee; and
(B) together with any income verification form, at the same
time such form is provided to the applicant or tenant;
except that the Secretary of Agriculture shall administer the
requirement under this paragraph with respect to Federal
project-based rental assistance specified in subsection
(e)(1)(D),
(c) Applications for Residential Mortgage Loans.--The
Director of the Bureau of Consumer Financial Protection shall
require each creditor that receives an application (within
the meaning of such term as used in the Equal Credit
Opportunity Act (15 U.S.C. 1691)) for a residential mortgage
loan to provide a copy of the uniform statement developed
pursuant to subsection (a) in written form to the applicant
for such residential mortgage loan, within 5 business days of
the date of application.
(d) Optional Completion of Application.--Nothing in this
section may be construed to require any individual to
complete an application for voter registration.
(e) Definitions.--As used in this section:
(1) Federal project-based rental assistance.--The term
``Federal project-based rental assistance'' means project-
based rental assistance provided under--
(A) section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(B) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(C) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(D) title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.), including voucher assistance under section 542 of such
title (42 U.S.C. 1490r);
(E) subtitle D of title VIII of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12901 et seq.);
(F) title II of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12721 et seq.);
(G) the Housing Trust Fund program under section 1338 of
the federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4588); or
(H) subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(2) Owner.--The term ``owner'' has the meaning given such
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(3) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given such terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan which is secured by a first
or subordinate lien on residential real property (including
individual units of condominiums and cooperatives) designed
principally for the occupancy of from 1- to 4- families.
(f) Regulations.--The Secretary of Housing and Urban
Development, the Secretary of Agriculture, and the Director
of the Consumer Financial Protection Bureau may issue such
regulations as may be necessary to carry out this section.
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
H.R. 1 that strengthen the bill and enhance voter access.
Among the amendments in the bloc is an amendment from the gentlewoman
from Virginia that would require foreign agent disclaimers to be
included on social media content. This increases transparency by
requiring disclaimers to be embedded on the face of a social media post
itself, and those disclaimers must remain whenever the post is
subsequently shared.
There are four amendments from the gentlewoman from California,
including one that addresses longstanding privacy concerns of survivors
of domestic and sexual abuse who want to register to vote but do not
want their personal information to be publicly accessible; and a second
that requires all in-person voting locations to have a sufficient
number of accessible voting machines for their voters.
There is an amendment from the gentleman from California that
clarifies prohibitions on polling places or ballot drop boxes that
falsely purport to be an official location established for an election.
I would note that, in California, the Republican Party in southern
California established drop boxes that purported to be from the
registrar of voters. That was deceptive. An agreement was reached with
the secretary of state that they could have the boxes, but they
couldn't hold themselves out to be the registrar of voters.
H.R. 1 calls for all States to provide same-day voter registration.
The gentlewoman from Michigan's amendment makes an important addition
that will help ensure the successful carrying out of this requirement:
States must ensure that they have adequate copies of registration forms
and other relevant voter registration at polling places.
There is an amendment from the gentleman from New York that requires
the GAO to conduct a study on voter turnout rates, broken down by age
in States and localities that permit voters to participate in elections
before the age of 18. This is an issue that merits examination, and
this amendment will ensure that Congress is fully equipped to debate
the issue.
There is an amendment from the gentlewoman from Illinois that would
require the GAO to review small-donor campaign financing to study the
extent to which the program increases opportunities for candidates of
diverse racial, gender, and socioeconomic backgrounds.
There is an amendment from the gentlewoman from Georgia that would
require the Director of the CFPB to work with the EAC to develop a
statement providing certain individuals with information regarding
voter registration and their voting rights. This commonsense reform
ensures that tenants and homeowners will have easy access to voter
registration and other voter-related information.
Finally, there is an amendment from the gentlewoman from California
that would ensure that the bill's prohibitions against election
disinformation cover false claims that voters will face civil and other
legal penalties for voting.
I support these amendments, and I urge their adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise in opposition to
the en bloc. I yield 1\1/2\ minutes to the gentleman from New York (Mr.
Reed), a good friend and a problem solver.
Mr. REED. Mr. Speaker, I rise today on an issue that is so important
to so many of the people from my district, and that is election
integrity.
I am confident in the integrity of our democracy, but the fact
remains that over 59 percent of Americans do not have confidence in the
integrity of our election process.
Time and time again, I have worked across the aisle with my
Democratic colleagues to try to come together on commonsense reforms to
address the issue of election integrity, and the issue that I am
passionate about today is the question of voter ID.
Mr. Speaker, the gentleman from North Carolina (Mr. Bishop) and I had
an amendment that we asked to be considered and debated on this floor
to say that funds under this bill would not go to States that did not
have a voter ID law in place. A simple reform to make sure that we have
voter ID cards issued across America is a simple, commonsense integrity
measure for our election systems to make sure that our votes count and
the people casting the votes are those individuals who are registered
to make that vote.
We have IDs in America for simple things like buying alcohol, renting
a car, and going into your grocery stores to get food stamps. We issue
government IDs for EBT cards. There are simple ways to make sure that
people have access to identification so that they could perform one of
the most fundamental civic duties and fundamental rights that we have,
and that is to vote.
To ask an individual to have an ID is a simple measure, and my
Democratic colleagues did not allow us to have that debate and have an
open, honest conversation.
Mr. Speaker, I ask my colleagues to vote ``no'' on these amendments
and continue to work with us to ensure that the election integrity of
our country is safe and secure.
Ms. LOFGREN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Illinois (Ms. Underwood).
Ms. UNDERWOOD. Mr. Speaker, I rise in support of my amendment to H.R.
1, the For the People Act.
[[Page H1030]]
My amendment would require the Comptroller General to analyze the
impact of the voluntary small-donor financing program on the racial,
gender, and socioeconomic diversity of candidates for public office.
As the first woman and first person of color to represent Illinois'
14th Congressional District, I know that Americans with diverse
backgrounds and experiences are electable everywhere in this country,
but too often, excellent candidates without personal wealth or
corporate backing are outspent and overpowered long before the voters
get a say.
The Brennan Center found that small-donor financing cannot only make
running for public office an opportunity for more Americans, but also
increase the racial and gender diversity of our elected officials by
giving every candidate a fighting chance.
My amendment would make sure H.R. 1 fulfills its promise of letting
the people decide who represents them. I urge a ``yes'' vote.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentleman from Pennsylvania (Mr. Fitzpatrick), who can take you on
a tour of the best Philly cheesesteak places in the world.
Mr. FITZPATRICK. Mr. Speaker, prior to my coming to Congress, I
dedicated my entire life as an FBI agent to fighting corruption and
fighting for electoral reform, having overseen that program for the
entire Nation. H.R. 1 sets us back.
H.R. 1 should not be called For the People. It should be called for
the politicians. We know what we need to do to fix this system, Mr.
Speaker.
Several of my colleagues and I have introduced legislation that would
actually restore faith in this institution and in the electoral
process: term limits, no budget-no pay, a balanced budget amendment,
single-issue legislation, abolishing congressional pensions, ending
ballot harvesting, providing free photo IDs to every registered voter,
ensuring signature matching, and, with the exception of military
ballots, requiring that all ballots be received by 8 p.m. on election
night.
Mr. Speaker, this is common sense. What this body is doing today is
the opposite. My colleagues are further eroding trust in this system,
and that is a real shame because we have the opportunity to fix this.
Mr. Speaker, I want to know why House leadership refuses to put these
issues on the floor that would unequivocally pass with overwhelming
margins in the House and the Senate. If it is going to pass
overwhelmingly here, that means the American people want it. Let's put
those on the floor.
{time} 1115
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee), my colleague on the Committee on the
Judiciary.
Ms. JACKSON LEE. Madam Speaker, I thank the gentlewoman from
California for her leadership and for adding to this legislation--my
legislation--the For the People Act, adding the Coretta Scott King Mid-
Decade Redistricting Prohibition Act that I wrote as long ago as 2006.
Madam Speaker, section 2402 prohibits a State that has been
redistricted in accordance with this legislation from doing it in the
mid-decennial, waiting till the next time, the decennial apportionment;
so no mid-decade kind of redistricting that has been so unhelpful to
all of us.
Madam Speaker, I rise, as well, to support the Swalwell amendments
regarding the college student voting, as well as prohibiting false
voting polling places and adding colleges and universities'
responsibility to give civic information to our students.
I also support the privacy information required by the Speier
amendment to ensure that there is no domestic violence and dating
violence because your voting information gets out.
And I also support the Waters amendment that prohibits
misinformation, which threatens potential voters with civil or legal
penalties if they exercise their right to vote. I can assure you, this
happens in the minority community.
And I do support the 16-years-of-age amendment, because if you can be
on the front lines of civil rights and protest for justice and
democracy, you have the right to vote.
Madam Speaker, let's educate our young people so they can vote. I am
very happy to support the en bloc.
Madam Speaker, as an original cosponsor, I rise today in support of
H.R. 1, the ``For the People Act of 2021,'' which expands access to the
ballot box, reduces the influence of big money in politics, and
strengthens ethics rules for public servants.
Specifically, the For the People Act will:
Make it easier, not harder, to vote by implementing automatic voter
registration, requiring early voting and vote by mail, committing
Congress to reauthorizing the Voting Rights Act and ensuring the
integrity of our elections by modernizing and strengthening our voting
systems and ending partisan redistricting.
Reform the campaign finance system by requiring all political
organizations to disclose large donors, updating political
advertisement laws for the digital age, establishing a public matching
system for citizen-owned elections, and revamping the Federal Election
Commission to ensure there's a cop on the campaign finance beat.
Strengthen ethics laws to ensure that public officials work in the
public interest by extending conflict of interest laws to the President
and Vice President; requiring the release of their tax returns; closing
loopholes that allow former members of Congress to avoid cooling-off
periods for lobbying; closing the revolving door between industry and
the federal government; and establishing a code of conduct for the
Supreme Court.
H.R. 1 expands access to the ballot box by taking aim at
institutional barriers to voting.
This bill ensures that individuals who have completed felony
sentences have their full rights restored and expands early voting and
simplify absentee voting; and modernize the U.S. voting system.
I am particularly proud and appreciative to Chairwoman Lofgren and
Congressman Sarbanes that the For The People Act incorporates in
Section 2402 of the legislation the Coretta Scott King Mid-Decade
Redistricting Prohibition Act that I first offered in 2006 during the
Judiciary Committee markup of the Voting Rights Act of 1965
reauthorization and as standalone legislation in the 114th Congress.
This provision, section 2402, prohibits a State that has been
redistricted in accordance with this legislation from engaging in
redistricting again until after the next decennial apportionment unless
required by a court to do so to comply with the Constitution of the
United States, the Voting Rights Act of 1965, the Constitution of the
State, or the terms or conditions of this subtitle.
Madam Speaker, this legislation is particularly timely because more
than 55 years after the passage of the Voting Rights Act of 1965, we
are still discussing voter suppression--something which should be a
bygone relic of the past, but yet continues to disenfranchise racial
minorities, immigrants, women, and young people.
The Voting Rights Act of 1965 was a watershed moment for the Civil
Rights Movement--it liberated communities of color from legal
restrictions barring them from exercising the fundamental right to
civic engagement and political representation.
But uncaged by Supreme Court's infamous 2013 decision in Shelby
County v. Holder, 570 U.S. 529 (2013), which neutered the preclearance
provision of the Voting Rights Act, 14 states, including my state of
Texas, took extreme measures to enforce new voting restrictions before
the 2016 presidential election.
If is not a coincidence that many of these same states have
experienced increasing numbers of black and Hispanic voters in recent
elections.
If not for invidious, state-sponsored voter suppression policies like
discriminatory voter ID laws, reduced early voting periods, and voter
intimidation tactics that directly or indirectly target racial
minorities, the 2016 presidential election might have had a drastically
different outcome.
Madam Speaker, let me list some of the salutary features of the
legislation that will make it easier for Americans to exercise their
right to vote, the most precious right of all because as President
Johnson said in securing passage of the Voting Rights Act, the right to
vote ``is preservative of all other rights.''
H.R. 1 modernizes the voter registration system by requiring each
state to make available online voter registration, correction,
cancellation, and designation of party affiliation.
In addition, H.R. 1:
Requires states to permit voters to register on the day of a federal
election, including during early voting.
Limits the authority of states to remove registrants from the
official list of eligible voters in elections for federal office in the
state based on interstate voter registration crosschecks .
Requires states to provide annual reports on voter registration
statistics to the Election Assistance Commission.
Provides HAVA funds to implement the voter registration modernization
reforms .
[[Page H1031]]
Makes it unlawful to hinder, interfere or prevent an individual from
registering to vote.
Instructs the Election Assistance Commission to develop best
practices for states to deter and prevent such violations.
H.R. 1 explicitly prohibits `voter caging', the pernicious practice
of using returned non-forwardable mail as the basis for removing
registered voters from the rolls, and it prohibits challenges to
eligibility from individuals who are not election officials without an
oath of good faith factual basis.
Importantly, the legislation prohibits providing false information
about elections to hinder or discourage voting and increases penalties
for voter intimidation.
I support the declaration in the legislation of the right of citizens
to vote in federal elections will not be denied because of a criminal
conviction unless a citizen is serving a felony sentence in a
correctional facility and it requires states and the federal government
to notify individuals convicted of a state or federal felony,
respectively, of their reenfranchisement
H.R. 1 promotes election accuracy, integrity, and security by
requiring states to use individual, durable, voter-verified paper
ballots and that said ballots be counted by hand or an optical
character recognition device and that a voter be given the opportunity
to correct his or her ballot should a mistake be made; and it also
requires that provisional ballots from eligible voters at incorrect
polling places be counted.
The legitimacy and stability of democratic governance is always
enhanced by increased voter participation in elections, so I am very
pleased that H.R. 1 outlaws many practices resorted to by voting
opponents to reduce election participation.
In particular, H.R. 1 requires at least 15 consecutive days of early
voting for federal elections and that early voting locations be near
public transportation, in rural areas, and open for at least 10 hours
per day.
Additionally, the legislation prohibits a state from imposing
restrictions on an individual's ability to vote by mail and requires a
state to carry out a program to track and confirm the receipt of
absentee ballots and to make this information available to the voter
who cast the ballot.
Also, the bill requires the prepayment of postage on return envelopes
for voting materials, which includes any voter registration form, any
application for an absentee ballot, and any blank absentee ballot
transmitted by mail.
Madam Speaker, another important feature of H.R. 1 is that it
promotes voter access by mandating several improvements to election
administration, including:
Treating universities as voter registration agencies;
Requiring states to notify an individual, not later than 7 seven days
before election, if the individual's polling place has changed;
Requiring states to allow voters to sign sworn affidavits to vote in
lieu of presenting photo ID;
Providing accommodations for voters residing in Indian lands;
Ensuring equitable and efficient operation of polling places,
reducing long lines and wait times for voters;
Requiring states to provide secured drop boxes for voted absentee
ballots in elections for federal office;
Prohibiting states from restricting curbside voting;
Imposing requirements for federal election contingency plans in
response to natural disasters and emergencies; and
Clarifying that failure to vote is not grounds for removing
registered voters from the rolls.
Of course, nothing in this legislation prohibits or restricts the
authority of states to provide greater opportunities for voting, and
the bill makes that explicitly clear.
This litany of good measures demonstrates all the many ways and means
through which H.R. 1 expands voter participation and election
integrity, and our experience of the previous four years counsels the
urgency of adopting them.
I am much less confident of the ability of one component of the
bill--the title mandating creation of ``Independent Redistricting
Commissions''--to strengthen our democracy; in fact I believe that
title of the legislation should be stricken because of its potential to
negatively effective marginalized communities and minority groups.
I am not contending that independent redistricting commissions are an
unconstitutional usurpation of authority belonging exclusively to state
legislatures; that argument was presented and rejected by the U.S.
Supreme Court in Arizona State Legislature v. Arizona. Independent
Redistricting Commission, 576 U.S. 787 (2015).
Instead, the nation's experience with independent redistricting
commissions is still in its early stages, and I believe that instead of
mandating a one-size fits all approach, Congress should allow further
experimentation to occur in the states, the ``laboratories of
democracy,'' as they were described by Justice Brandeis in New State
Ice Co. v. Liebmann, 285 U.S. 262 (1932).
In addition, it appears to me that the selection process laid out in
the bill for choosing members of the independent redistricting
commissions is too random and will not result in a commission comprised
of members reflective of the communities directly affected by the work
of the commission, particularly members of racial and language
minorities.
Madam Speaker, the issue of redistricting and how to do it fairly is
a never-ending one, and, as most political scientists agree, it is
virtually impossible to draw most congressional and legislative
districts in ways that are competitive; redistricting exacerbates
geographical polarization, but it does not create it.
Madam Speaker, H.R. 1 must be passed because many of the civil rights
that I fought for as a student and young lawyer have been undermined or
been rolled back by reactionary forces in recent years.
To add insult to injury, the immediately preceding Administration
issued an Executive Order establishing a so-called ``Election
Integrity'' Commission to investigate not voter suppression, but so-
called ``voter fraud'' in the 2016 election.
The 45th President and his followers were unceasing in their efforts
to perpetuate the myth of voter fraud, but it remains just that: a
myth.
Between 2000 and 2014, there were 35 credible allegations of voter
fraud out of more than 834 million ballots cast--that is less than 1 in
28 million votes.
An extensive study by social scientists at Dartmouth College
uncovered no evidence to support Trump's hysterical and outrageous
allegations of widespread voter fraud ``rigging'' the 2016 election.
Just for the record, Madam Speaker, the popular vote of the 2016
presidential election was:
Hillary Clinton: 65,853,5160.
Donald Trump: 62,884,8240.
Trump's deficit of 2.9 million was the largest of any Electoral
College winner in history by a massive margin, and despite the
allegations of the current Administration, there have been only 4
documented cases of voter fraud in the 2016 election.
The same is true for the 2020 presidential election, which again
Donald Trump claimed was fraudulent after losing the popular vote to
President Biden by more than 7 million votes, and the Electoral College
by 306-232, the exact margin that he claimed constituted a landslide
and epic blowout when he won the Electoral College vote in 2016.
Again, and just for the record, Madam Speaker, the popular vote of
the 2020 presidential election was:
Joe Biden: 81,281,502.
Donald Trump: 74,222,593.
The Trump Campaign brought more than 63 legal challenges to the 2020
election, claiming the outcomes were tainted by wide-spread and massive
fraud but every court, whether state or federal, and nearly 90 judges,
including Trump appointees, summarily rejected these baseless claims
for failure of proof.
Of course, this did not deter the reckless 45th President who then
went on to threaten and coerce state election officials to corruptly
change vote counts and after that ploy failed, incited his loyalists to
storm the U.S. Capitol and use force and violence if necessary to
prevent the Congress from conducting the constitutionally required
Joint Meeting to count the electoral votes cast and announce the winner
of the presidential election.
Madam Speaker, the Trump Voter Fraud Commission, like many of Trump's
business schemes, was a massive scam built on countless lies that did
not hold up to any level of scrutiny.
As Members of Congress, we should be devoting our time, energy, and
resources addressing Russian infiltration of our election
infrastructure and campaigns, along with other pressing issues.
Instead of enjoying and strengthening the protections guaranteed in
the Voting Rights Act--people of color, women, LGBTQ individuals, and
immigrants--have been given the joyless, exhausting task of fending off
the constant barrage of attacks leveled at our communities by Trump and
other conspiracy theorists.
Not only are we tasked with reversing the current dismal state of
voter suppression against minorities; we are forced to refute the
blatant, propagandist lie of voter fraud.
To this end, I have been persistent in my efforts to protect the
rights of disenfranchised communities in my district of inner-city
Houston and across the nation.
Throughout my tenure in Congress, I have cosponsored dozens of bills,
amendments, and resolutions seeking to improve voters' rights at all
stages and levels of the election process.
This includes legislation aimed at:
Increasing voter outreach and turnout;
[[Page H1032]]
Ensuring both early and same-day registration;
Standardizing physical and language accessibility at polling places;
Expanding early voting periods;
Decreasing voter wait times;
Guaranteeing absentee ballots, especially for displaced citizens;
Modernizing voting technologies and strengthening our voter record
systems;
Establishing the federal Election Day as a national holiday; and
Condemning and criminalizing deceptive practices, voter intimidation,
and other suppression tactics.
Along with many of my CBC colleagues, I was an original cosponsor of
H.R. 9, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting
Rights Act Reauthorization and Amendments Act, which became public law
on July 27, 2006.
I also authored H.R. 745 in the 110th Congress, which added the
legendary Barbara Jordan to the list of civil rights trailblazers whose
memories are honored in the naming of the Voting Rights Act
Reauthorization and Amendments Act.
This bill strengthened the original Voting Rights Act by replacing
federal voting examiners with federal voting observers--a significant
enhancement that made it easier to safeguard against racially biased
voter suppression tactics.
As noted earlier, in the 114th Congress, I introduced H.R. 75, the
Coretta Scott King Mid-Decade Redistricting Prohibition Act of 2015,
which prohibits states whose congressional districts have been
redistricted after a decennial census from redrawing their district
lines until the next census.
Prejudiced redistricting, or gerrymandering as it is more commonly
known, has been used for decades to weaken the voting power of African
Americans, Latino Americans, and other minorities since the Civil
Rights Era.
Immediately after the Shelby County v. Holder ruling, which lifted
preclearance requirements for states with histories of discrimination
seeking to change their voting laws or practices, redistricting became
a favorite tool for Republicans who connived to unfairly gain 3
congressional seats in Texas.
In the 110th Congress, I was the original sponsor of H.R. 6778, the
Ex Offenders Voting Rights Act of 2008, which prohibited denial of the
right to vote in a federal election on the basts of an individual's
status as a formerly incarcerated person.
The Ex-Offenders Voting Rights Act sought to reverse discriminatory
voter restrictions that disproportionately affect the African American
voting population, which continues to be targeted by mass
incarceration, police profiling, and a biased criminal justice system.
Those of us who cherish the right to vote justifiably are skeptical
of Voter ID laws because we understand how these laws, like poll taxes
and literacy tests, can be used to impede or negate the ability of
seniors, racial and language minorities, and young people to cast their
votes.
Voter ID laws are just one of the means that can be used to abridge
or suppress the right to vote but there are others, including:
Curtailing or Eliminating Early Voting;
Ending Same-Day Registration;
Not counting povisional ballots cast in the wrong precinct on
Election Day;
Eliminating Teenage Pre-Registration;
Shortened Poll Hours;
Lessening the standards governing voter challenges used by
vigilantes, like the King Street Patriots in my city of Houston, to
cause trouble at the polls;
``Voter Caging,'' to suppress the turnout of minority voters by
sending non-forwardable mail to targeted populations and, once the mail
is returned, using the returned mail to compile lists of voters whose
eligibility is then challenged on the basis of residence under state
law; and
Employing targeted redistricting techniques to dilute minority voting
strength, notably ``Cracking'' (i.e., fragmenting and dispersing
concentrations of minority populations); ``Stacking'' ( combining
concentrations of minority voters with greater concentrations of white
populations); and ``Packing'' (i.e., overconcentrating minority voters
in as few districts as possible).
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 voting to pass H.R. 1, the ``For The
People Act of 2021.''
Madam Speaker, I rise today to discuss the rule governing debate of
H.R. 1, the ``For the People Act of 2021,'' which expands access to the
ballot box, reduces the influence of big money in politics, and
strengthens ethics rules for public servants.
H.R. 1 is intended to increase public confidence in our democracy by
reducing the role of money in politics, restoring ethical standards and
integrity to government, and strengthening laws to protect voting.
I am particularly proud and appreciative to Chairwoman Lofgren and
Congressman Sarbanes that the For The People Act incorporates in
Section 2402 of the legislation the Coretta Scott King Mid-Decade
Redistricting Prohibition Act that I first offered in 2006 during the
Judiciary Committee markup of the Voting Rights Act of 1965
reauthorization and as standalone legislation in the 114th Congress.
This provision, section 2402, prohibits a State that has been
redistricted in accordance with this legislation from engaging in
redistricting again until after the next decennial apportionment unless
required by a court to do so to comply with the Constitution of the
United States, the Voting Rights Act of 1965, the Constitution of the
State, or the terms or conditions of this subtitle.
Madam Speaker, this legislation is particularly timely because more
than 55 years after the passage of the Voting Rights Act of 1965, we
are still discussing voter suppression--something which should be a
bygone relic of the past, but yet continues to disenfranchise racial
minorities, immigrants, women, and young people.
The Voting Rights Act of 1965 was a watershed moment for the Civil
Rights Movement--it liberated communities of color from legal
restrictions barring them from exercising the fundamental right to
civic engagement and political representation.
But uncaged by Supreme Court's infamous 2013 decision in Shelby
County v. Holder, 570 U.S. 529 (2013), which neutered the preclearance
provision of the Voting Rights Act, 14 states, including my state of
Texas, took extreme measures to enforce new voting restrictions before
the 2016 presidential election.
It is not a coincidence that many of these same states have
experienced increasing numbers of black and Hispanic voters in recent
elections.
If not for invidious, state-sponsored voter suppression policies like
discriminatory voter ID laws, reduced early voting periods, and voter
intimidation tactics that directly or indirectly target racial
minorities, the 2016 presidential election might have had a drastically
different outcome.
H.R. 1 expands access to the ballot box by taking aim at
institutional barriers to voting.
Let me list some of the salutary features of the legislation that
will make it easier for Americans to exercise their right to vote, the
most precious right of all because as President Johnson said in
securing passage of the Voting Rights Act, the right to vote ``is
preservative of all other rights.''
H.R. 1 modernizes the voter registration system by requiring each
state to make available online voter registration, correction,
cancellation, and designation of party affiliation.
In addition, H.R. 1:
Requires states to permit voters to register on the day of a federal
election, including during early voting.
Limits the authority of states to remove registrants from the
official list of eligible voters in elections for federal office in the
state based on interstate voter registration crosschecks.
Requires states to provide annual reports on voter registration
statistics to the Election Assistance Commission.
Provides HAVA funds to implement the voter registration modernization
reforms.
Makes it unlawful to hinder, interfere or prevent an individual from
registering to vote.
Instructs the Election Assistance Commission to develop best
practices for states to deter and prevent such violations.
H.R. 1 explicitly prohibits `voter caging', the pernicious practice
of using returned non-forwardable mail as the basis for removing
registered voters from the rolls and it prohibits challenges to
eligibility from individuals who are not election officials without an
oath of good faith factual basis.
Importantly, the legislation prohibits providing false information
about elections to hinder or discourage voting and increases penalties
for voter intimidation.
I support the declaration in the legislation of the right of citizens
to vote in federal elections will not be denied because of a criminal
conviction unless a citizen is serving a felony sentence in a
correctional facility and it requires states and the federal government
to notify individuals convicted of a state or federal felony,
respectively, of their reenfranchisement.
H.R. 1 promotes election accuracy, integrity, and security by
requiring states to use individual, durable, voter-verified paper
ballots and that said ballots be counted by hand or an optical
character recognition device and that a voter be given the opportunity
to correct his or her ballot should a mistake be made; and it also
requires that provisional ballots from eligible voters at incorrect
polling places be counted.
The legitimacy and stability of democratic governance is always
enhanced by increased voter participation in elections, so I am very
[[Page H1033]]
pleased that H.R. 1 outlaws many practices resorted to by voting
opponents to reduce election participation.
In particular, H.R. 1 requires at least 15 consecutive days of early
voting for federal elections and that early voting locations be near
public transportation, in rural areas and open for at least 10 hours
per day.
Additionally, the legislation prohibits a state from imposing
restrictions on an individual's ability to vote by mail and requires a
state to carry out a program to track and confirm the receipt of
absentee ballots and to make this information available to the voter
who cast the ballot.
Also, the bill requires the prepayment of postage on return envelopes
for voting materials, which includes any voter registration form, any
application for an absentee ballot, and any blank absentee ballot
transmitted by mail.
Madam Speaker, another important feature of H.R. 1 is that it
promotes voter access by mandating several improvements to election
administration, including:
Treating universities as voter registration agencies;
Requiring states to notify an individual, not later than 7 seven days
before election, if the individual's polling place has changed;
Requiring states to allow voters to sign sworn affidavits to vote in
lieu of presenting photo ID;
Providing accommodations for voters residing in Indian lands;
Ensuring equitable and efficient operation of polling places,
reducing long lines and wait times for voters;
Requiring states to provide secured drop boxes for voted absentee
ballots in elections for federal office;
Prohibiting states from restricting curbside voting;
Imposing requirements for federal election contingency plans in
response to natural disasters and emergencies; and
Clarifying that failure to vote is not grounds for removing
registered voters from the rolls.
Of course, nothing in this legislation prohibits or restricts the
authority of states to provide greater opportunities for voting, and
the bill makes that explicitly clear.
This litany of good measures demonstrates all the many ways and means
through which H.R. 1 expands voter participation and election integrity
and our experience of the previous four years counsels the urgency of
adopting them.
I am much less confident of the ability of one component of the
bill--the title mandating creation of ``Independent Redistricting
Commissions''--to strengthen our democracy; in fact I believe that
title of the legislation should be stricken because of its potential to
negatively effective marginalized communities and minority groups.
I am not contending that independent redistricting commissions are an
unconstitutional usurpation of authority belonging exclusively to state
legislatures; that argument was presented and rejected by the U.S.
Supreme Court in Arizona State Legislature v. Arizona. Independent
Redistricting Commission, 576 U.S. 787 (2015).
Instead, the nation's experience with independent redistricting
commissions is still in its early stages and I believe that instead of
mandating a one-size fits all approach, Congress should allow further
experimentation to occur in the states, the ``laboratories of
democracy,'' as they were described by Justice Brandeis in New State
Ice Co. v. Liebmann, 285 U.S. 262 (1932).
In addition, it appears to me that the selection process laid out in
the bill for choosing members of the independent redistricting
commissions is too random and will not result in a commission comprised
of members reflective of the communities directly affected by the work
of the commission, particularly members of racial and language
minorities.
Madam Speaker, the issue of redistricting and how to do it fairly is
a never-ending one and, as most political scientists agree, it is
virtually impossible to draw most congressional and legislative
districts in ways that are competitive; redistricting exacerbates
geographical polarization, but it does not create it.
For this reason, unlike the other titles of H.R. 1, I withhold my
support for Title II, Subtitle E, Part 2.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from Naples, Florida, (Mr. Donalds), my good friend, who
represents many of my former constituents from Illinois who have left
Illinois because of overtaxation.
Mr. DONALDS. Madam Speaker, I rise in opposition to H.R. 1, the For
the People Act. This is really just a takeover of elections by
Washington, D.C.
Madam Speaker, I got a chance to go through some of this bill--790
pages. Most of these things would basically eviscerate Florida's
election law.
You see, I served in Florida's legislature. We had the responsibility
for adjusting legislation law from time to time. Our State was a State
that went through hanging chads in 2000, and we have made the
adjustment systematically in the State legislature to make sure that
Florida has the very best election laws in these United States.
You see, on election night, November 3, we were done counting around
9:30. We knew the results by 10 o'clock. We have absentee ballots, we
have voter ID, we have early voting, and we have a robust count system
on election day.
The people of Florida have never been disenfranchised when it comes
to elections. The people of Florida have come accustomed to having a
voter system that works. And what this body is trying to do with H.R. 1
is completely destroy Florida's election laws. That is, to me,
ridiculous. This Capitol should never allow that. If we are going to do
anything, we should replicate what Florida has actually done.
The SPEAKER pro tempore (Ms. Underwood). The gentleman needs to put
his mask up.
Mr. DONALDS. Madam Speaker, I am sorry. It keeps falling down.
Madam Speaker, I was trying to make a point--
The SPEAKER pro tempore. The time of the gentleman is expired.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield an additional 15
seconds to the gentleman.
Mr. DONALDS. Madam Speaker, the point is clear: 33 States have voter
ID laws. Many States have already taken care of these problems
themselves. State legislatures should be changing their laws. This
Capitol should not. And the people of the State of Florida definitely
do not want the things that are in this bill. Our system is the best.
Frankly, leave Florida alone.
Parliamentary Inquiry
Mr. RODNEY DAVIS of Illinois. Madam Speaker, before I reserve, can I
make a parliamentary inquiry?
When a mask falls down unintentionally from a speaker, what is the
rule?
The SPEAKER pro tempore. Members must properly wear their masks at
all times.
Mr. RODNEY DAVIS of Illinois. Is this being enforced equally on the
majority and minority?
The SPEAKER pro tempore. The Chair will not answer a hypothetical
question, but the Speaker's announced policy applies to all Members.
Mr. RODNEY DAVIS of Illinois. So I should ask the second-rate
parliamentarian off the floor?
The SPEAKER pro tempore. The gentleman is not stating a proper
parliamentary inquiry.
Ms. LOFGREN. Madam Speaker, may I inquire how much time each side has
remaining?
The SPEAKER pro tempore. The gentlewoman from California has 4\1/2\
minutes. The gentleman from Illinois has 6 minutes.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
Virginia (Ms. Spanberger).
Ms. SPANBERGER. Madam Speaker, I rise today in support of my
amendment to H.R. 1 to crack down on foreign-backed disinformation and
propaganda on social media. This amendment is the text of the
Bipartisan Foreign Agent Disclaimer Enhancement--FADE--Act.
Under the FADE Act, political ads, issue campaigns, and content
funded or directed by a foreign principal and intended to influence the
American people must be disclosed to the Department of Justice. But too
often, this rule does not extend to the world of social media.
Additionally, foreign agents acting from abroad too often evade
current disclaimer requirements. Amid the pandemic and following the
2020 general election, foreign governments continue to exploit existing
vulnerabilities in our national security, including influencing
Americans directly and infiltrating public discourse without their
knowledge. Foreign adversaries, such as Russia, China, and Iran, are
among the most active, and they are increasingly assertive in their
efforts.
Madam Speaker, this amendment will help protect against foreign
influence that seeks to sow political division and promote dangerous
information contrary to the Foreign Agents Registration Act.
My amendment would require disclaimers--clearly stating this content
is coming from a foreign principal.
[[Page H1034]]
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 1 minute to the
gentleman from New Jersey (Mr. Van Drew), my good friend and best-
dressed member of our conference.
Mr. VAN DREW. Madam Speaker, I am not so sure about that, but I thank
the gentleman for yielding.
Madam Speaker, I rise in opposition to H.R. 1.
We were warned for years about the rise of socialism. Well, here it
is, served on a platter, using your money to pay for politicians
campaigns.
Do you like those robocalls during campaign season?
How about the negative TV ads and the mailers?
Or how about all of the political stuff that just comes out?
Well, your tax dollars are paying for them. And, yes, this is
taxpayer dollars, no matter how they tell you otherwise.
Madam Speaker, this bill puts Washington, D.C., in charge of our
States' elections and how those elections are run. It would keep the
status quo, like we saw this past November, with voter rolls that are
not up to date and live ballots being mailed to voters who have died,
moved, or even multiple ballots to the same voter.
Madam Speaker, elections do have consequences. And when leaders said
the goal was to change America, they were telling the truth; and here
we are.
Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman from
Georgia (Ms. Williams), who serves in the seat of our late, beloved
John Lewis.
Ms. WILLIAMS of Georgia. Madam Speaker, it is our duty to not only do
the work of the people, but to ensure that people have a voice in our
democracy.
H.R. 1 amplifies the voice of the people, empowers individuals to
shape our democracy, and breaks down barriers to voting. It is
historymaking by design, as a portion of H.R. 1 was written by my
predecessor, Congressman John Lewis. We must honor his legacy and take
this necessary step forward because Georgians and all people in this
country deserve to retain their right to accessible elections.
Madam Speaker, I have added provisions to this bill that underscore
not only the importance of voting, but making it easier for hardworking
people to do so. And making it easier, not harder to vote, should
always be our main concern.
Madam Speaker, this week, Georgia's legislators moved forward to
further restrict Black and Brown communities from voting by enacting
new ID laws for absentee ballot applications and limiting the use of
ballot drop boxes--old tactics, but the same tricks. We cannot let
self-serving politicians stack the deck through voter suppression and
discrimination.
Madam Speaker, I urge my colleagues to support the passage of H.R. 1
so that we can make it easier for people to cast their ballots and have
their voices be heard.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I include in the Record
a summary of letters submitted yesterday by the Institute for Free
Speech and others opposing
H.R. 1.
Institute for Free Speech,
March 3, 2021.
Re H.R. 1 Would Greatly Harm Free Speech.
Dear Representative: The Institute for Free Speech strongly
opposes H.R. 1, the Orwellian For the People Act. More
appropriately known as the For the Politicians Act, this
radical bill would, in fact, greatly harm the ability of the
people to freely speak, publish, organize into groups, and
petition their elected representatives in pursuit of a better
government.
In particular, H.R. 1 would impose onerous and unworkable
standards on the ability of Americans and groups of Americans
to discuss the policy issues of the day with elected
officials and the public. Certain sections of the bill would
violate the privacy of advocacy groups and their supporters,
limit political speech on the internet, and compel speakers
to recite lengthy government-mandated messages identifying
some of their supporters by name in their communications.
Importantly, these restrictions would reach far beyond
campaign speech to regulate discussion of legislative issues
and public affairs. For advocacy groups, unions, and trade
associations, several of the limits proposed in H.R. 1 would
operate as a total ban on speech
If signed into law, all of these provisions would be
interpreted and enforced by a newly partisan Federal Election
Commission. Under H.R. 1, the Commission would be radically
transformed from its historic and deliberately bipartisan
structure to one under partisan control of the president. As
nine former members of the Federal Election Commission with a
combined 60 plus years of service warned in a recent letter
to Congress, the likely impact would be to shrink public
confidence in the impartial enforcement of campaign finance
laws, weaponize these regulations for partisan gain, and
silence much political speech through new rules on groups
that speak about public affairs
H.R. 1 would also force Americans to pay for speech they
oppose. This new financing system is a riverboat gamble on an
untested--and costly--scheme that would have many unforeseen
effects. Existing research has proven that similar schemes
elsewhere have failed to achieve proponents' stated goals.
Instead, the program will likely incentivize--and subsidize--
candidates with hateful messages, create new avenues for
corruption, increase polarization, give government greater
control over campaigns, waste tax dollars, and fail markedly
at improving the quality of governance or the diversity of
those who are elected to higher office
At its core, H.R. 1 would greatly increase the already high
legal and administrative compliance costs, liability risk,
and costs to donor and associational privacy for civic groups
that speak about policy issues. Organizations will be further
deterred from speaking or will have to divert additional
resources away from their advocacy activities to pay for
compliance staff and lawyers. Some groups will not be able to
afford these costs or will violate the law unwittingly. The
effect will be less speech by Americans and organizations,
allowing politicians to act with less accountability to
public opinion and criticism.
Few bills are more antithetical to the text of and
principles underlying the First Amendment than H.R. 1. The
numerous, overlapping, and interrelated provisions in this
legislation combine to impose and tighten severe government
controls on speech about campaigns, judicial nominees, and
policy issues in truly shocking ways. Any American lacking
expertise in campaign finance law would have little to no
hope of understanding this bill or the voluminous
restrictions it proposes on political speech and association.
The sad result will be a political discourse dominated by
Washington, DC insiders. Far from being For the People, H.R.
1 is truly For the Politicians.
The best way to give the American people a voice and to
safeguard democracy is to protect and enhance the right to
free speech guaranteed by the First Amendment. While the
Institute takes no position on the myriad provisions in H.R.
1 that deal with election administration, voting rights, and
redistricting, the portions of H.R. 1 that trample on free
speech are sufficient to warrant our firm opposition to this
measure. For the above reasons, the Institute for Free Speech
strongly opposes passage of H.R. 1.
Sincerely,
David Keating,
President.
____
Illinois House of Representatives,
Springfield, IL, February 19, 2021.
To: Illinois Federal Delegation
Fr: Illinois Representative Joe Sosnowski, 69th District,
Illinois House of Representatives
To the Illinois Federal Delegation: As a state legislator
elected to be a voice for the people of Illinois, 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
[[Page H1035]]
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. 1/S. 1.
Sincerely,
Representative Joe Sosnowski,
69th District, Illinois House of Representatives, Illinois
ALEC State Chair.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, over the last couple of days, I have spoken a lot
about my opposition to this bill's creation of a public fund filled
with dollars from corporate fines to directly fund the campaign coffers
of every Member of this institution and candidates.
And my Democrat colleagues have continued to say this isn't public
funding or corporate donations because it is corporate fines.
So what is the truth?
I think my chart here tells the story. So we have corporate fines.
That is corporate dollars, something that we, as Members of Congress in
our campaigns, cannot accept right now. Those corporate dollars that
pay these corporate fines that we set the levels of in this
institution, they then go to the U.S. Government in this new--that H.R.
1 creates--the Freedom From Influence Fund.
It is really a laundering machine. So they launder that corporate
money that we cannot accept right now into the Treasury and it comes
out clean as public money. It is money that used to be used for things
like the Crime Victims Fund. Instead, this new laundered money, this
taxpayer money--because it is public, it is under the control of us--
then goes out exponentially to all of us, to our campaigns to pay for
attack ads, fundraisers, mailers, phone calls, whatever you want.
But either way, it is government spending--government sending
corporate dollars directly to us. This is, and should be, prohibited,
but H.R. 1 changes that and it puts more money into politics and not
less.
How about the Crime Victims Fund or victims of domestic violence get
these dollars?
Let's make sure that we address programs that deal with sexual
assault, child abuse, and other crimes. This money will not go into the
Crime Victims Fund because it is going to all of us. All 50 State
attorneys general have told us that this vital Crime Victims Fund is
nearly depleted. But instead of plussing it up, here we are today,
funding our own campaigns with a ``yes'' vote.
Madam Speaker, this bill isn't for the people. It is for the
politicians. This is why I am offering a motion to recommit so that we
can put forward a bill that works for the American people.
Madam Speaker, if we adopt this motion to recommit, we will instruct
the Committee on House Administration to consider an amendment to
remove all public financing from this legislation.
Madam Speaker, I ask unanimous consent to include in the Record the
text of the amendment immediately prior to the vote on the motion to
recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, it is one reason I am
opposed to H.R. 1, and giving Democrats another chance to join me,
stopping this charade, stopping enriching themselves in their own
campaign. This is one last chance before you do it again.
Madam Speaker, another reason I oppose H.R. 1 is because the election
mandates on States in this bill go against what our Founding Fathers
intended and essentially nationalizes our election system.
If signed into law, H.R. 1 would be the greatest expansion of the
Federal Government's role in our elections than we have ever seen. By
moving these decisions to D.C., we are further removing people from the
laws that govern their elections. People should have more say in how
their elections are run, not less. Our goal is to always ensure all
eligible voters are able to vote and all lawful votes are counted. That
is not what H.R. 1 does. And the only witness who has run an election
before said during the single House Administration hearing held on this
bill that H.R. 1 will undermine many of the election laws States have
put into place to make it easier for people to vote and improve their
election process for their voters.
One-size-fits-all mandates from Washington will not fix the problems
we have seen in elections across the country. They will just cause more
chaos and confusion. These issues need to be solved at the local and
State level. Instead of dictating to States, we should be working with
them and localities to address these issues. And I stand ready and
willing to work with my Democrat colleagues to do just that, but I will
not vote for a Federal takeover of elections and I will not vote to use
the Federal Government to put more money into my campaign. It is bad
policy and it is bad for the American people.
Madam Speaker, I urge support for the motion to recommit at the
appropriate time, and I urge a ``no'' vote on the underlying bill.
Madam Speaker, I reserve the balance of my time.
{time} 1130
Ms. LOFGREN. Madam Speaker, I am prepared to close if the gentleman
is ready to yield back or use the rest of his time.
Madam Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield myself the
balance of my time.
Madam Speaker, I would like to request a meeting with the
Parliamentarian. I personally witnessed one of my Democratic colleagues
immediately remove his mask and was never told to put it back on from
the Chair at the time. So all we ask for is consistency.
Madam Speaker, I urge a ``no'' vote on this bill. I urge support for
the motion to recommit. I urge my Democratic colleagues: Don't vote to
put money into your own campaigns.
Madam Speaker, I yield back the balance of my time.
Ms. LOFGREN. Madam Speaker, I include in the Record a letter from the
secretary of state of Colorado, with a number of other secretary of
states, urging support for this bill; and a letter from former leaders
of the American Civil Liberties Union and concerned first amendment
scholars urging support.
Jena Griswold,
Colorado Secretary of State,
March 2, 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: It's no accident that the 2020 elections
were the most secure in American history. A monumental effort
by election administrators--from board of elections
officials, to county clerks, to poll workers--ensured our
country's democratic process was stronger than ever, even
with the unique challenge posed by the COVID-19 pandemic.
While the 2020 elections proved that our democracy is
resilient, the elections also showed us that they cannot be
taken for granted. Our elections were safe, secure, and
successful because countless patriotic Americans took action
to protect them. The policies that gave voters better options
to safely
[[Page H1036]]
register to vote and cast a ballot in the face of the
pandemic were a resounding success and must now be made
permanent.
Modernizing elections meant that eligible voters did not
have to choose between casting a ballot and risking their
health. It also resulted in record turnout for both parties.
Policies like vote-by mail for all and early voting saw
resounding success in states and municipalities across the
country. Now, only Congress can ensure that every eligible
voter across America has access to these voting options in
the future. That's why we need to immediately enact the For
The People Act (H.R. 1) into law.
The For The People Act offers a comprehensive path to
securing and modernizing American democracy for generations
to come. The bill provides clear guidance for all 50 states
and the District of Columbia to implement election processes
that work for administrators and voters alike, and its
adoption into law is critical to the future of American
elections. Proven policies such as automatic and same-day
voter registration will remove administrative obstacles for
eligible voters while maintaining up-to-date and accurate
voter rolls. Voter-verified paper ballots will ensure every
vote is accurately recorded and allow administrators to run
key audits to verify election results. Other provisions, such
as independent redistricting commissions to combat
gerrymandering and shining light on dark money, will further
strengthen the integrity of our elections.
As the chief elections officials in our respective states,
and as the administrators who will be tasked with executing
many of the policies proposed in H.R. 1, we can confidently
state that this bill is designed to make our democracy
stronger and safer than ever. We proudly and firmly support
the For The People Act, and we strongly recommend its passage
in the U.S. House of Representatives and U.S. Senate.
Sincerely,
Katie Hobbs, Arizona Secretary of State; Shirley Weber,
California Secretary of State; Jena Griswold, Colorado
Secretary of State; Denise Merrill, Connecticut Secretary of
State; Kimberly Bassett, Secretary of the District of
Columbia; Shenna Bellows, Maine Secretary of State; Jocelyn
Benson, Michigan Secretary of State; Steve Simon, Minnesota
Secretary of State; Maggie Toulouse Oliver, New Mexico
Secretary of State; Shemia Fagan, Oregon Secretary of State;
Nellie Gorbea, Rhode Island Secretary of State; Jim Condos,
Vermont Secretary of State.
____
Former Leaders of the American Civil Liberties Union and
Concerned First Amendment Scholars,
February 18, 2021.
Re H.R. 1, For the People Act.
Hon. Zoe Lofgren,
Chair, House Administration Committee,
Washington, DC.
Hon. John Sarbanes,
Washington, DC.
Hon. Jerrold Nadler,
Chair, House Judiciary Committee,
Washington, DC.
Dear Chair Lofgren, Chair Nadler, and Rep. Sarbanes: The
undersigned are former leaders of the American Civil
Liberties Union (ACLU) and concerned academics who have
devoted much of their careers to the defense of the First
Amendment and the protection of American democracy. We write
in support of speedy House enactment of H.R.1, the For the
People Act.
American democracy is at a perilous crossroads. H.R.1
responds with sweeping reforms countering voter suppression
and partisan gerrymandering that have targeted communities of
color; overhauling our deeply inequitable campaign finance
system; and reducing the influence of secret ``dark money''
in federal elections. We view H.R. 1 as the most significant
prodemocracy legislation since the Voting Rights Act of 1965.
Some have argued that despite the overwhelmingly positive
content of H.R.1, enactment should be delayed in the House
pending legislative hearings and efforts to amend certain
provisions in the 700-page legislation, especially provisions
requiring disclosure of the identities of large donors to
tax-exempt organizations operating on the margins of
electoral politics We agree that, ordinarily, best
legislative practice would call for hearings designed to
resolve First Amendment concerns over important legislation.
But, given the importance of shoring up the democratic
process, the limited window of opportunity for passage of
H.R.1, the likely delay in Senate consideration, and the
nature of the First Amendment objections to disclosure, we
believe that immediate passage of H.R.1 in its present form
is the preferable course of action.
Objectors to immediate passage of HR 1 appear to us to: (1)
underestimate the risks to enacting HR 1 posed by substantial
delay in House passage; (2) understate the importance of
closing loopholes in our campaign finance disclosure laws;
and (3) overstate the risks to First Amendment freedom posed
by the bill's disclosure provisions. We live in a democratic
culture saturated by great wealth. The Supreme Court has
rendered it almost impossible to directly regulate the role
of money in determining electoral outcomes. One of the few
practical reform windows left open is public disclosure of
the sources of money-driven influence over electoral
politics. Such disclosure is important, not only to prevent
corruption, but to allow ordinary citizens to evaluate the
truth of electoral speech by knowing who is paying for it. We
recognize the need to preserve anonymity for persons whose
speech or association might be deterred by fear of
disclosure. That is why the H.R.1 disclosure rules apply.
only to large donations exceeding $10,000. Moreover, current
First Amendment doctrine already provides an ``as applied''
exception to disclosure rules if a genuine fear of
retaliatory action were to exist.
In short, we do not view First Amendment concerns over the
precise scope of disclosure requirements affecting large
donors to tax exempt organizations operating on the margins
of electoral politics as outweighing the need for expeditious
enactment of the clearly desirable aspects of H.R.1 into law.
We urge you to press for speedy enactment of H.R. 1 in its
current form.
Respectfully submitted,
Aryeh Neier, President Emeritus of the Open Society
Foundations, ACLU Executive Director, 1970-78; Burt Neuborne,
Norman Dorsen Professor of Civil Liberties Emeritus at NYU
School of Law, ACLU National Legal Director, 1981-86; Helen
Hershkoff, Herbert Mand. Svetlana Wachtel/Professor of
Constitutional Law and Civil Liberties at NYU School of Law,
ACLU Associate Legal Director, 1987-95; John Shattuck, Senior
Fellow at the Carr Center for Human Rights Policy, Harvard
Kennedy School, Professor of Practice in Diplomacy, Fletcher
School of Law and Diplomacy, Tufts University, Director of
the ACLU's Washington office, 1976-84; Judith Resnik, Arthur
Liman Professor of Law at Yale Law School; Erwin Chemerinsky,
Dean and Jesse Choper Distinguished Professor of Law at
Berkley Law School, University of California; Robert Post,
Sterling Professor of Law and former Dean of Yale Law School;
Geoffrey Stone, Edward H. Levi Distinguished Service
Professor of Law and former Dean of the University of Chicago
Law School.
Ms. LOFGREN. Madam Speaker, I yield myself the balance of my time.
I appreciate that the ranking member has shown us this chart because
he has proven that all of the Republican Members claiming that there
was tax money funding the pilot project for the small matching donors
were wrong.
This is a pilot project that is funded by an additional fine on
corporate wrongdoing. It doesn't take money away from anything else. It
is an additional fine that, if H.R. 1 doesn't pass, will not be
imposed.
I was interested to hear our colleague from New Jersey say it is your
money that will be used. Well, it is only your money if you are a
corporate malfeasance individual, a corporate wrongdoer that gets
fined; and I don't think very many of us have sympathy for that crew.
I would like to just give some perspective here because all over the
United States, because of the pandemic, efforts were made to allow for
people to vote and not have to endanger their health. So absentee
voting became more of the norm. There were more early voting efforts, a
lot of things of that nature, because of the pandemic.
And what happened?
There was a huge increase in turnout, both among Republicans and
Democrats. It was a safe and secure election, the most safe and secure
election in modern history. There wasn't a bunch of fraud.
Some of my colleagues said that people don't trust our system.
Why is that?
Because there are politicians in this country that are misleading the
American public about that election. And I would say the former
President is first among them, telling things that are not true and
convincing people of that.
So now that we have had this huge turnout because of the pandemic, we
are seeing States--Republicans, I must say, unfortunately, all over the
United States trying to cut off access to the ballot.
In Georgia, they just passed a whole slew of voter restriction
measures to try and tamp down turnout, and we see hundreds of bills
being introduced to do that.
I urge a ``yes'' vote on this en bloc and on the underlying bill.
Madam 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 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 ayes appear to have it.
Mr. GOHMERT. Madam Speaker, on that I demand the yeas and nays.
=========================== NOTE ===========================
March 3, 2021, on page H1036, the following appeared: Mr.
GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
The online version has been corrected to read: Mr. GOHMERT.
Madam Speaker, on that I demand the yeas and nays.
========================= END NOTE =========================
[[Page H1037]]
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.
____________________