[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5935-S5951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

                                 ______
                                 
      By Mr. MENENDEZ (for himself, Mr. Schumer, Mr. Cornyn, Mr. 
        Blumenthal, Mr. Grassley, Mrs. Gillibrand, Mr. Booker, and Mr. 
        Murphy):
  S. 2654. A bill to require a declassification review of certain 
investigation documents concerning foreign support for the terrorist 
attacks of September 11, 2001, and for other purposes; to the Select 
Committee on Intelligence.
  Mr. BLUMENTHAL. Mr. President, today, I was very proud to introduce 
with my colleague Senator Menendez, who is leading this effort, and 
Senator Cornyn, Senator Grassley the September 11 Transparency Act.
  Members of this body have heard me talk about this issue before. It 
has been a repeated issue for me but for this body as well.
  We passed JASTA because we wanted the 9/11 families to have access to 
the courts and have their fair day in court. We passed the resolution 
in 2018 to require that the government declassify, to the maximum 
extent possible, all of the information surrounding 9/11. JASTA was 
passed over President Obama's veto. His veto was overridden on a 
bipartisan basis. The resolution demanding more declassification was 
passed with overwhelming bipartisan support and signed by the 
President.
  The letters that we have written, the questions that I posed in 
hearings, the press conferences held, the constant effort to provide 
documents and information to those families so they can have their fair 
day in court has been a continuing and constant one and, so far, 
completely unavailable.
  Administration after administration--Obama, Trump, and hopefully not 
but apparently Biden--have resisted these calls for declassifying and 
disclosure.
  That information is evidence that those families need to seek justice 
in their effort to hold accountable the Government of Saudi Arabia for 
its alleged complicity, its aiding and abetting, its support for the 9/
11 attack. They want to hold them liable in an American court, which 
JASTA enables them to do. They want to pinpoint responsibility and 
liability so that we will know, as Americans, whether the Kingdom of 
Saudi Arabia was, in fact, complicit and supportive of those attackers.
  The truth they seek is not just for themselves; it is for the 
American people, and the concealment by successive administrations 
denies the American people the truth they deserve and need.
  Today, I was proud to stand with Senator Menendez and some of those 
families led by Terry Strada and Brett Eagleson in front of this 
Capitol as we announced our introduction of the act, the September 11 
Transparency Act, that would very simply require the Director of 
National Intelligence, the Attorney General, and the Director of the 
CIA to conduct declassification reviews of certain investigative 
documents in their 9/11 file. It is a baby step toward full disclosure 
and truthtelling.
  But I was so proud to stand with these families, represented by Terry 
Strada, among others, when she said:

       Yes, we know the Kingdom played a major role in supporting, 
     and financing al Qaeda and evidence demonstrates that Saudi 
     agents who the Kingdom sent here aided and abetted some if 
     not all the 19 hijackers leading into the attack.
       It is an indisputable fact the hijackers were living in our 
     country 12-18 months prior to 9/11 planning and plotting the 
     murder of thousands and that the FBI and the CIA knew of at 
     least two of them, Nawaf Al-Hamzi and Khalid Al-Midhar.

  She further said:

       By keeping evidence hidden that will shed light on the 
     brutal murder of our loved ones, our own government is not 
     only perpetuating our continued pain and suffering, but it is 
     also leaving the facilitators of the attacks unaccountable 
     and our nation vulnerable to terrorist attacks.

  Her remarks were so powerful, I hope that every one of my colleagues 
will read them.
  Mr. President, I ask unanimous consent the remarks from Terry Strada 
be printed in the Record
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       September 11th will mark the 20th anniversary of the murder 
     of my husband Tom and nearly 3,000 people; all brutally slain 
     on orders given by the known Saudi terrorist, Usama bin Laden 
     and his 19 mostly Saudi Islamist al Qaeda terrorists when 
     they infiltrated our country and carried out the deadliest 
     terrorist attack in our nation's history.
       For reasons I do not know and cannot fathom, a select group 
     of FBI and CIA operatives knew some of the 19 hijackers were 
     known terrorists traveling freely on American soil using 
     their real names. How much of their planning and plotting 
     were they privy to--I do not know, but clearly, the agencies 
     did absolutely nothing to stop them and failed at the most 
     important job they had; they failed to protect America and 
     her populace.
       Along with the entire world, I watched in horror our 
     country under a violent attack. I witnessed on live 
     television the toxic black smoke billowing from the north 
     tower. I spoke with my husband and heard first-hand the fear 
     and panic he and my dear friends were experiencing in the 
     hell-fire they were engulfed in. I watched the North Tower 
     collapse, knowing the father of my three children and my 
     husband's life was being extinguished right before my eyes.
       Now, 20 years later, the DOJ and FBI continue to protect 
     the very country who produced 15 of the 19 hijackers, the 
     Kingdom of Saudi Arabia.
       Yes, we know the Kingdom played a major role in supporting, 
     and financing al Qaeda and evidence demonstrates that Saudi 
     agents who the Kingdom sent here aided and abetted some if 
     not all the 19 hijackers leading into the attack.
       It is an indisputable fact the hijackers were living in our 
     country 12-18 months prior to 9/11 planning and plotting the 
     murder of thousands and that the FBI and CIA knew of at least 
     two of them, Nawaf Al-Hamzi and Khalid Al-Midhar.
       Rather than hold the Kingdom accountable, the State 
     Department, FBI, and the CIA continue to betray the 9/11 
     community and cower to the Kingdom's desperate pleas of 
     keeping Saudi Arabia's involvement in murdering our loved 
     ones a secret, while the Department of Justice ignores our 
     pleas for the truth; instead, choosing to help keep the 
     Kingdom's dirty little secret--that they support radical 
     Islamist terrorism and the hateful ideology that spawned the 
     largest mass murder in our country's history and death of my 
     husband and our children's father . . . for what and why I 
     ask?
       Every Administration since 9/11 continues to turn their 
     backs on us, the victims' family members and survivors. Why 
     are we standing here today adversaries to the FBI and 
     Department of Justice instead of allies?--And perversely, why 
     do they stand as allies to the Kingdom against us?
       Critical documents are being held from public view because 
     the DOJ refuses to release them in any format. In fact, in 
     many cases they have refused to even look at documents 
     responsive to the subpoena served on them in April 2018. 
     Instead, our government argues it would just be too much of a 
     burden for the most advanced country of the free world to 
     review documents it is supposed to be vigilant about 
     retaining from one of the most important investigations the 
     Country has ever performed. Let me underscore that--we, the 
     9/11 Community--we the American public--are too burdensome in 
     the eyes of the bureaucracy. We are asking too much for them 
     to tell us what they uncovered in looking into the attacks on 
     all of us.
       By keeping evidence hidden that will shed light on the 
     brutal murder of our loved ones, our own government is not 
     only perpetuating our continued pain and suffering, but it is 
     also leaving the facilitators of the attacks unaccountable 
     and our nation vulnerable to future terrorist attacks.
       This travesty of justice must come to an end in order for 
     this chapter of our lives to close and keep Americans safe 
     from the endless grief and gruesome carnage terrorist attacks 
     leave behind.
       For two decades, Congress has shown a united front and been 
     a staunch supporter for transparency regarding 9/11 and our 
     quest for the truth. Many here today have walked beside us on 
     our path of grief. They have worked hard for us and the 
     American people by passing a resolution to release the ``28 
     pages'' excised from the Joint Inquiry. Those pages offered 
     us clear facts about the Saudis involvement in 9/11. Congress 
     also worked for seven years on the Justice Against Sponsors 
     of Terrorism Act--JASTA; ultimately voting unanimously for 
     its passage with unfettered enthusiasm and then overriding a 
     Presidential veto to enact JASTA, cementing our right to our 
     day in court and we believed--ensuring all evidence would see 
     the light of day.
       No one standing here today anticipated the level of 
     pushback, lack of respect, or the extent to which our State 
     Department, the Department of Justice, and the FBI would go 
     to withhold vital investigative reports from the 9/11 
     community and the nation at large--all in an effort to 
     protect the Kingdom from embarrassment and accountability.
       Attorney General Garland, Director of National Intelligence 
     Haines, FBI Director Wray and the State Department--by 
     ignoring our direct pleas to them--are showing us where their 
     loyalty lies time and time again--with a foreign nation 
     capable of murdering their own.
       Aside from the occasional disingenuous words to recognize 
     our loss--by protecting the Saudis they have not shown their 
     allegiance to us the American public and the victims' family 
     members and survivors. They have ignored numerous letters, 
     not only from us, but from several members of

[[Page S5936]]

     Congress as well. We have never been met with such disdain. 
     Not only have they snubbed our invitations to meet in person, 
     the DOJ has fought vigorously to avoid producing mountains of 
     documents responsive to subpoenas served on the government 
     over three years ago.
       This legislation in the Congress and I pray this 
     Administration will right that wrong. While the DOJ claims it 
     has distributed thousands of pages to our representatives, 
     that claim falls patently short of what was requested. 
     Instead of allowing the DOJ to continue cherry picking what 
     documents it wants to release and tolerating their 
     indefensible excuse that it would be ``too burdensome'' to 
     search their files, we now have the full force of the United 
     States Senate--and we anticipate all of Congress--supporting 
     a full declassification review process for all relevant 
     documents related to the Saudis and 9/11.
       As a tragic result of 9/11 and the war on terror tomorrow 
     will sadly mark the 10th anniversary of the deadliest 
     incident and largest loss of life in the Naval Special 
     Warfare, when 30 American troops, including 16 commandos from 
     the Navy's Seal Team 6 Call Sign Extortion 16, helicopter was 
     shot down killing all on board in the Tangi Valley, Wardak 
     Province in Afghanistan. They were there fighting for all of 
     us, rooting out the evil created by the Kingdom that 
     threatens our freedoms and our way of life.
       The truths we seek with ``The 9/11 Transparency Act'' are 
     not just for us, but for all of our fallen heroes. May every 
     brave warrior, rescue worker and those who have died from 9/
     11 related illnesses rest in peace.
       We sincerely thank Senator Menendez and these Senators 
     introducing 'The 9/11 Transparency Act''; another great 
     bipartisan effort from our esteemed leaders and ask that the 
     entire body of Congress act bravely and cohesively in support 
     of our right to know what the government has uncovered about 
     who facilitated the attacks on us 20 years ago. Yes, let us 
     never forget--but let us never let it happen again. Thank 
     you.

  Mr. BLUMENTHAL. We are fast approaching 9/11, the 20th anniversary of 
that horrific, unspeakable murder of thousands of our fellow citizens, 
including Terry Strada's husband and Brett Eagleson's father.
  Brett Eagleson put it very, very starkly and simply. I am not 
quoting, but essentially his warning to us ought to reverberate in 
these Halls. Public officials on that anniversary will be making 
speeches about how we should never forget, about how we need to 
commemorate the memories of all who perished in 9/11. But, as he said, 
their words will ring shallow or hollow if their own government 
continues to refuse to disclose documents and evidence needed for them 
to seek justice. Those families deserve better.
  And the cause is bigger than just those families. It is the American 
people who deserve better. They deserve and they need to know the truth 
about whether the complicity and other kinds of potential criminal 
activity can be proved in a court of law, can be used to learn about 
future action to be taken. If Agencies of the U.S. Government, 
including our intelligence Agencies, knew about those attackers and the 
danger they posed and failed to take sufficient action, we should know 
those facts as well.
  It is incomprehensible why the U.S. Government has failed to provide 
this truth to the American people. There has been no explanation for 
the failure to declassify. There is no explanation for invoking the 
State Secrets Act. The courts have said that that privilege, the state 
secrets privilege, cannot be invoked unless it could reasonably be 
expected that there would be a harm to our national security. No 
Agency, no official of the U.S. Government has ever said what harm 
could result, especially 20 years after that attack.
  The idea that sources or methods could be endangered seems 
farfetched. Certainly, there has been no such contention. The idea that 
maybe the Saudis would be embarrassed is a possible explanation, but it 
is no excuse--none--for refusing to declassify and disclose this 
information. The fact that the Saudis may be embarrassed or they may be 
held liable is no valid reason to withhold this truth from those 
families and from the American people.
  The administration, at the very least, owes us an explanation. We 
demanded it again and again at the Attorney General's confirmation 
hearing, at the oversight hearings for the Director of the FBI, at 
hearings for confirming lower but top-ranking officials of the 
Department of Justice, and every one of them has promised to look into 
it but nothing back--no explanation, no justification.
  So Senator Menendez and I, along with our colleagues Senators Cornyn 
and Grassley, have introduced the September 11th Transparency Act. It 
wouldn't require the declassification of any document, but it would 
require the review, and it is not unprecedented, because this Congress, 
7 years ago, passed and President Obama signed the Intelligence 
Authorization Act for the fiscal year 2014. It had a similar provision 
requiring the Director of National Intelligence to complete a 
declassification review of documents collected during the Osama bin 
Laden raid in Pakistan in 2011.
  This measure should have broad bipartisan support, just as JASTA did 
and the resolution calling for declassification in 2018, and I have 
been proud to stand with my Republican colleagues in favor of simple 
justice.
  As Senator Schumer said today at that meeting in front of the 
Capitol, ``Justice, justice, justice.'' That is what these families 
deserve. That is what the American people should expect of their 
government, not concealment or obstruction and obfuscation.
  Right now, these families are in a struggle against the Government of 
Saudi Arabia but, equally so, against their own government in seeking 
fairness and transparency, disclosure, when it counts for them and when 
it should count for the American people.
  We will continue this fight. I don't expect any single speech will 
persuade administration officials--certainly no single speech of mine--
but they are going to be making speeches as we go closer to 9/11. Let 
them keep in mind that the voices and faces of those families--Brett 
Eagleson and Terry Strada and others who were there that day and many 
others in Connecticut, as well as New Jersey and New York and all 
around the country--will be there as well, and ultimately, our 
government must be held accountable for telling the American people the 
truth.
  I yield the floor.
  Mr. GRASSLEY. Mr. President, in a little over a month, we will 
remember one of the most horrific events to ever occur on U.S. soil. 
The lives of those we lost can never be replaced. But their memories 
forever live on through their spouses, children, family, and friends.
  For the last 20 years, the Federal Government has failed these 
individuals. Tens of thousands of pages of documents relating to the 
September 11, 2001, terrorist attacks remain classified. Without their 
release, victims, their families, and the public still do not have the 
full picture of everything that led up to that day and who was 
involved. While some of these documents must remain classified for 
defense or national security reasons, a comprehensive review of these 
materials is long overdue. In fact, in 2004, the chairmen of the 9/11 
Commission, Tom Kean and Lee Hamilton, wrote that this declassification 
review should be conducted no later than 2009.
  We have fallen short. But today, I hope to remedy this wrong, and I 
am proud to join my colleagues, Senators Menendez, Cornyn, and 
Blumenthal, on the bipartisan September 11 Transparency Act of 2021. 
The bill follows familiar legislative precedent, requiring that any 
documents that can be released, must be released. It is the same step 
Congress took in requiring the executive branch to conduct a full 
review of the documents captured at Abbottabad during the Osama Bin 
Laden raid and publish all materials to the fullest-extent possible.
  This is not the first time I have requested this review. In 2018, I 
coponsored a Senate Resolution calling on the administration to 
declassify 9/11 documents to the greatest extent possible. I am sad to 
say, that review was never conducted. Last year, I joined my colleagues 
on a letter to Inspector General Horowitz, asking for an IG 
investigation into the FBI's handing of the 9/11 classified documents. 
We never received a response.
  I have been a long-standing champion of victims of terror, injured or 
killed both at home and abroad. For example, in 1992, I sponsored the 
Anti-Terrorism Act, allowing Americans who fall victim to acts of 
terrorism while abroad to seek damages in U.S. courts, and subsequent 
clarifying laws. And I plan to continue to stand firm for these 
individuals.
  September 11 is a wrong that can never be righted. But we can be on 
the right side of history and finally put lingering questions to rest 
by expeditiously declassifying any documents

[[Page S5937]]

held by the Federal Government related to 9/11 to the greatest extent 
possible.
  Thank you.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Gillibrand):
  S. 2669. A bill to ban the use of ortho-phthalate chemicals as food 
contact substances; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
``Preventing Harmful Exposure to Phthalates Act.'' This bill would ban 
harmful chemicals known as phthalates from products used in food 
processing and packaging and would require the Food and Drug 
Administration to review other products under its purview that might 
also expose Americans to harmful phthalates.
  The harm associated with phthalate exposure is well-documented, with 
studies showing that prenatal exposure to these chemicals can have 
lasting consequences to child brain development and increase children's 
risks for learning, attention, and behavioral disorders.
  We also know that women are disproportionately affected by phthalates 
through higher exposure to these harmful chemicals in personal care 
products, like nail polish, fragrances, and hair products, as compared 
to men.
  Pregnant women's exposure to phthalates has been shown to decrease 
fetal testosterone and harm reproductive development in male babies. 
Black and Latina women are also disproportionately affected, 
experiencing higher exposure to certain phthalates compared to white 
women.
  Studies have demonstrated that Americans are exposed to phthalates 
through our diet. Phthalates from production materials involved in food 
processing and packaging are able to leach into our food. These 
materials include plastic equipment such as tubing used in commercial 
dairy operations, lid gaskets, food preparation gloves, conveyor belts, 
and food packaging materials.
  People are also exposed to phthalates found in medical devices, 
flooring, and other home furnishing and building materials. The fact 
that phthalate exposure often comes from multiple sources 
simultaneously further emphasizes the unknown collective health risk 
that these harmful chemicals pose.
  We must remove these harmful chemicals from consumer products with 
the utmost urgency. Congress has already banned them from children's 
toys and child care products due to the serious long-term health 
effects that they pose. We now need to remove them from our food 
packaging and the other remaining consumer products that are slowly 
poisoning us.
  The ``Preventing Harmful Exposure to Phthalates Act'' would 
specifically ban phthalates from being used in materials that touch 
food and ensure that any substance used as a replacement is safe.
  The bill would also require a review of other products to determine 
whether they lead to phthalate exposure. This review would need to 
include consideration of whether communities of color are 
disproportionately exposed to these harmful products as well as the 
health effects caused by exposure and any increased risk of preterm 
birth, low birth weight, or other risks to children's health.
  I want to thank Senator Gillibrand for joining me in introducing this 
important legislation, as well as Representatives Lieu and Porter, who 
are sponsoring companion legislation in the House.
  I also want to thank the health and consumer safety organizations for 
their support for this bill, including the American Academy of 
Pediatrics, American College of Obstetricians and Gynecologists, Breast 
Cancer Prevention Partners, Earthjustice, Endocrine Society, 
Environmental Working Group, Healthy Babies Bright Futures, and Project 
TENDR.
  Families deserve to know that the products they're consuming aren't 
exposing them to unnecessary harm. I look forward to working with my 
colleagues on this important issue, and I urge my fellow Senators to 
cosponsor the ``Preventing Harmful Exposure to Phthalates Act.''
  Thank you Mr. President, and I yield the floor.
                                 ______
                                 
      By Mr. SCHUMER:
  S. 2670. A bill to provide for redistricting reform, and for other 
purposes.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2670

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Redistricting Reform Act of 
     2021''.

     SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.

       Congress finds that it has the authority to establish the 
     terms and conditions States must follow in carrying out 
     congressional redistricting after an apportionment of Members 
     of the House of Representatives because--
       (1) the authority granted to Congress under article I, 
     section 4 of the Constitution of the United States gives 
     Congress the power to enact laws governing the time, place, 
     and manner of elections for Members of the House of 
     Representatives; and
       (2) the authority granted to Congress under section 5 of 
     the 14th amendment to the Constitution gives Congress the 
     power to enact laws to enforce section 2 of such amendment, 
     which requires Representatives to be apportioned among the 
     several States according to their number.

         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

     SEC. 101. REQUIRING CONGRESSIONAL REDISTRICTING TO BE 
                   CONDUCTED THROUGH PLAN OF INDEPENDENT STATE 
                   COMMISSION.

       (a) Use of Plan Required.--Notwithstanding any other 
     provision of law, and except as provided in subsection (c), 
     any congressional redistricting conducted by a State shall be 
     conducted in accordance with--
       (1) the redistricting plan developed and enacted into law 
     by the independent redistricting commission established in 
     the State, in accordance with title II; or
       (2) if a plan developed by such commission is not enacted 
     into law, the redistricting plan developed and enacted into 
     law by a 3-judge court, in accordance with section 301.
       (b) Conforming Amendment.--Section 22(c) of the Act 
     entitled ``An Act to provide for the fifteenth and subsequent 
     decennial censuses and to provide for apportionment of 
     Representatives in Congress'', approved June 18, 1929 (2 
     U.S.C. 2a(c)), is amended by striking ``in the manner 
     provided by the law thereof'' and inserting ``in the manner 
     provided by the Redistricting Reform Act of 2021''.
       (c) Special Rule for Existing Commissions.--Subsection (a) 
     does not apply to any State in which, under law in effect 
     continuously on and after the date of the enactment of this 
     Act, congressional redistricting is carried out in accordance 
     with a plan developed and approved by an independent 
     redistricting commission that is in compliance with each of 
     the following requirements:
       (1) Publicly available application process.--Membership on 
     the commission is open to citizens of the State through a 
     publicly available application process.
       (2) Disqualifications for government service and political 
     appointment.--Individuals who, for a covered period of time 
     as established by the State, hold or have held public office, 
     individuals who are or have been candidates for elected 
     public office, and individuals who serve or have served as an 
     officer, employee, or paid consultant of a campaign committee 
     of a candidate for public office are disqualified from 
     serving on the commission.
       (3) Screening for conflicts.--Individuals who apply to 
     serve on the commission are screened through a process that 
     excludes persons with conflicts of interest from the pool of 
     potential commissioners.
       (4) Multi-partisan composition.--Membership on the 
     commission represents those who are affiliated with the 2 
     political parties whose candidates received the most votes in 
     the most recent statewide election for Federal office held in 
     the State, as well as those who are unaffiliated with any 
     party or who are affiliated with political parties other than 
     the 2 political parties whose candidates received the most 
     votes in the most recent statewide election for Federal 
     office held in the State.
       (5) Criteria for redistricting.--Members of the commission 
     are required to meet certain criteria in the map drawing 
     process, including minimizing the division of communities of 
     interest and a ban on drawing maps to favor a political 
     party.
       (6) Public input.--Public hearings are held and comments 
     from the public are accepted before a final map is approved.
       (7) Broad-based support for approval of final plan.--The 
     approval of the final redistricting plan requires a majority 
     vote of the members of the commission, including the support 
     of at least one member of each of the following:
       (A) Members who are affiliated with the political party 
     whose candidate received the

[[Page S5938]]

     most votes in the most recent statewide election for Federal 
     office held in the State.
       (B) Members who are affiliated with the political party 
     whose candidate received the second most votes in the most 
     recent statewide election for Federal office held in the 
     State.
       (C) Members who are not affiliated with any political party 
     or who are affiliated with political parties other than the 
     political parties described in subparagraphs (A) and (B).
       (d) Treatment of State of Iowa.--Subsection (a) does not 
     apply to the State of Iowa, so long as congressional 
     redistricting in such State is carried out in accordance with 
     a plan developed by the Iowa Legislative Services Agency with 
     the assistance of a Temporary Redistricting Advisory 
     Commission, under law which was in effect for the most recent 
     congressional redistricting carried out in the State prior to 
     the date of the enactment of this Act and which remains in 
     effect continuously on and after the date of the enactment of 
     this Act.

     SEC. 102. BAN ON MID-DECADE REDISTRICTING.

       A State that has been redistricted in accordance with this 
     Act and a State described in section 101(c) may not be 
     redistricted again until after the next apportionment of 
     Representatives under section 22(a) of the Act entitled ``An 
     Act to provide for the fifteenth and subsequent decennial 
     censuses and to provide for an apportionment of 
     Representatives in Congress'', approved June 18, 1929 (2 
     U.S.C. 2a), unless a court requires the State to conduct such 
     subsequent redistricting to comply with the Constitution of 
     the United States, the Voting Rights Act of 1965 (52 U.S.C. 
     10301 et seq.), the Constitution of the State, or the terms 
     or conditions of this Act.

     SEC. 103. CRITERIA FOR REDISTRICTING.

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

            TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS

     SEC. 201. INDEPENDENT REDISTRICTING COMMISSION.

       (a) Appointment of Members.--
       (1) In general.--The nonpartisan agency established or 
     designated by a State under section 204(a) shall establish an 
     independent redistricting commission for the State, which 
     shall consist of 15 members appointed by the agency as 
     follows:
       (A) Not later than October 1 of a year ending in the 
     numeral zero, the agency shall, at a public meeting held not 
     earlier than 15 days after notice of the meeting has been 
     given to the public, first appoint 6 members as follows:
       (i) The agency shall appoint 2 members on a random basis 
     from the majority category of the approved selection pool (as 
     described in section 202(b)(1)(A)).
       (ii) The agency shall appoint 2 members on a random basis 
     from the minority category of the approved selection pool (as 
     described in section 202(b)(1)(B)).
       (iii) The agency shall appoint 2 members on a random basis 
     from the independent category of the approved selection pool 
     (as described in section 202(b)(1)(C)).
       (B) Not later than November 15 of a year ending in the 
     numeral zero, the members appointed by the agency under 
     subparagraph (A) shall, at a public meeting held not earlier 
     than 15 days after notice of the meeting has been given to 
     the public, then appoint 9 members as follows:
       (i) The members shall appoint 3 members from the majority 
     category of the approved selection pool (as described in 
     section 202(b)(1)(A)).
       (ii) The members shall appoint 3 members from the minority 
     category of the approved selection pool (as described in 
     section 202(b)(1)(B)).
       (iii) The members shall appoint 3 members from the 
     independent category of the approved selection pool (as 
     described in section 202(b)(1)(C)).
       (2) Rules for appointment of members appointed by first 
     members.--
       (A) Affirmative vote of at least 4 members.--The 
     appointment of any of the 9 members of the independent 
     redistricting commission who are appointed by the first 
     members of the commission pursuant to subparagraph (B) of 
     paragraph (1), as well as the designation of alternates for 
     such members pursuant to subparagraph (B) of paragraph (3) 
     and the appointment of alternates to fill vacancies pursuant 
     to subparagraph (B) of paragraph (4), shall require the 
     affirmative vote of at least 4 of the members appointed by 
     the nonpartisan agency under subparagraph (A) of paragraph 
     (1), including at least one member from each of the 
     categories referred to in such subparagraph.
       (B) Ensuring diversity.--In appointing the 9 members 
     pursuant to subparagraph (B) of paragraph (1), as well as in 
     designating alternates pursuant to subparagraph (B) of 
     paragraph (3) and in appointing alternates to fill vacancies 
     pursuant to subparagraph (B) of paragraph (4), the first 
     members of the independent redistricting commission shall 
     ensure that the membership is representative of the 
     demographic groups (including racial, ethnic, economic, and 
     gender) and geographic regions of the State, and provides 
     racial, ethnic, and language minorities protected under the 
     Voting Rights Act of 1965 with a meaningful opportunity to 
     participate in the development of the State's redistricting 
     plan.
       (3) Designation of alternates to serve in case of 
     vacancies.--
       (A) Members appointed by agency.--At the time the agency 
     appoints the members of

[[Page S5939]]

     the independent redistricting commission under subparagraph 
     (A) of paragraph (1) from each of the categories referred to 
     in such subparagraph, the agency shall, on a random basis, 
     designate 2 other individuals from such category to serve as 
     alternate members who may be appointed to fill vacancies in 
     the commission in accordance with paragraph (4).
       (B) Members appointed by first members.--At the time the 
     members appointed by the agency appoint the other members of 
     the independent redistricting commission under subparagraph 
     (B) of paragraph (1) from each of the categories referred to 
     in such subparagraph, the members shall, in accordance with 
     the special rules described in paragraph (2), designate 2 
     other individuals from such category to serve as alternate 
     members who may be appointed to fill vacancies in the 
     commission in accordance with paragraph (4).
       (4) Appointment of alternates to serve in case of 
     vacancies.--
       (A) Members appointed by agency.--If a vacancy occurs in 
     the commission with respect to a member who was appointed by 
     the nonpartisan agency under subparagraph (A) of paragraph 
     (1) from one of the categories referred to in such 
     subparagraph, the agency shall fill the vacancy by 
     appointing, on a random basis, one of the 2 alternates from 
     such category who was designated under subparagraph (A) of 
     paragraph (3). At the time the agency appoints an alternate 
     to fill a vacancy under the previous sentence, the agency 
     shall designate, on a random basis, another individual from 
     the same category to serve as an alternate member, in 
     accordance with subparagraph (A) of paragraph (3).
       (B) Members appointed by first members.--If a vacancy 
     occurs in the commission with respect to a member who was 
     appointed by the first members of the commission under 
     subparagraph (B) of paragraph (1) from one of the categories 
     referred to in such subparagraph, the first members shall, in 
     accordance with the special rules described in paragraph (2), 
     fill the vacancy by appointing one of the 2 alternates from 
     such category who was designated under subparagraph (B) of 
     paragraph (3). At the time the first members appoint an 
     alternate to fill a vacancy under the previous sentence, the 
     first members shall, in accordance with the special rules 
     described in paragraph (2), designate another individual from 
     the same category to serve as an alternate member, in 
     accordance with subparagraph (B) of paragraph (3).
       (5) Removal.--A member of the independent redistricting 
     commission may be removed by a majority vote of the remaining 
     members of the commission if it is shown by a preponderance 
     of the evidence that the member is not eligible to serve on 
     the commission under section 202(a).
       (b) Procedures for Conducting Commission Business.--
       (1) Chair.--Members of an independent redistricting 
     commission established under this section shall select by 
     majority vote one member who was appointed from the 
     independent category of the approved selection pool described 
     in section 202(b)(1)(C) to serve as chair of the commission. 
     The commission may not take any action to develop a 
     redistricting plan for the State under section 203 until the 
     appointment of the commission's chair.
       (2) Requiring majority approval for actions.--The 
     independent redistricting commission of a State may not 
     publish and disseminate any draft or final redistricting 
     plan, or take any other action, without the approval of at 
     least--
       (A) a majority of the whole membership of the commission; 
     and
       (B) at least one member of the commission appointed from 
     each of the categories of the approved selection pool 
     described in section 202(b)(1).
       (3) Quorum.--A majority of the members of the commission 
     shall constitute a quorum.
       (c) Staff; Contractors.--
       (1) Staff.--Under a public application process in which all 
     application materials are available for public inspection, 
     the independent redistricting commission of a State shall 
     appoint and set the pay of technical experts, legal counsel, 
     consultants, and such other staff as it considers 
     appropriate, subject to State law.
       (2) Contractors.--The independent redistricting commission 
     of a State may enter into such contracts with vendors as it 
     considers appropriate, subject to State law, except that any 
     such contract shall be valid only if approved by the vote of 
     a majority of the members of the commission, including at 
     least one member appointed from each of the categories of the 
     approved selection pool described in section 202(b)(1).
       (3) Reports on expenditures for political activity.--
       (A) Report by applicants.--Each individual who applies for 
     a position as an employee of the independent redistricting 
     commission and each vendor who applies for a contract with 
     the commission shall, at the time of applying, file with the 
     commission a report summarizing--
       (i) any expenditure for political activity made by such 
     individual or vendor during the 10 most recent calendar 
     years; and
       (ii) any income received by such individual or vendor 
     during the 10 most recent calendar years which is 
     attributable to an expenditure for political activity.
       (B) Annual reports by employees and vendors.--Each person 
     who is an employee or vendor of the independent redistricting 
     commission shall, not later than one year after the person is 
     appointed as an employee or enters into a contract as a 
     vendor (as the case may be) and annually thereafter for each 
     year during which the person serves as an employee or a 
     vendor, file with the commission a report summarizing the 
     expenditures and income described in subparagraph (A) during 
     the 10 most recent calendar years.
       (C) Expenditure for political activity defined.--In this 
     paragraph, the term ``expenditure for political activity'' 
     means a disbursement for any of the following:
       (i) An independent expenditure, as defined in section 
     301(17) of the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30101(17)).
       (ii) An electioneering communication, as defined in section 
     304(f)(3) of such Act (52 U.S.C. 30104(f)(3)) or any other 
     public communication, as defined in section 301(22) of such 
     Act (52 U.S.C. 30101(22)) that would be an electioneering 
     communication if it were a broadcast, cable, or satellite 
     communication.
       (iii) Any dues or other payments to trade associations or 
     organizations described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code that are, or could reasonably be anticipated to 
     be, used or transferred to another association or 
     organization for a use described in paragraph (1), (2), or 
     (4) of section 501(c) of such Code.
       (4) Goal of impartiality.--The commission shall take such 
     steps as it considers appropriate to ensure that any staff 
     appointed under this subsection, and any vendor with whom the 
     commission enters into a contract under this subsection, will 
     work in an impartial manner, and may require any person who 
     applies for an appointment to a staff position or for a 
     vendor's contract with the commission to provide information 
     on the person's history of political activity beyond the 
     information on the person's expenditures for political 
     activity provided in the reports required under paragraph (3) 
     (including donations to candidates, political committees, and 
     political parties) as a condition of the appointment or the 
     contract.
       (5) Disqualification; waiver.--
       (A) In general.--The independent redistricting commission 
     may not appoint an individual as an employee, and may not 
     enter into a contract with a vendor, if the individual or 
     vendor meets any of the criteria for the disqualification of 
     an individual from serving as a member of the commission 
     which are set forth in section 202(a)(2).
       (B) Waiver.--The commission may by unanimous vote of its 
     members waive the application of subparagraph (A) to an 
     individual or a vendor after receiving and reviewing the 
     report filed by the individual or vendor under paragraph (3).
       (d) Termination.--
       (1) In general.--The independent redistricting commission 
     of a State shall terminate on the earlier of--
       (A) June 14 of the next year ending in the numeral zero; or
       (B) the day on which the nonpartisan agency established or 
     designated by a State under section 204(a) has, in accordance 
     with section 202(b)(1), submitted a selection pool to the 
     Select Committee on Redistricting for the State established 
     under section 204(b).
       (2) Preservation of records.--The State shall ensure that 
     the records of the independent redistricting commission are 
     retained in the appropriate State archive in such manner as 
     may be necessary to enable the State to respond to any civil 
     action brought with respect to congressional redistricting in 
     the State.

     SEC. 202. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS 
                   ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION.

       (a) Criteria for Eligibility.--
       (1) In general.--An individual is eligible to serve as a 
     member of an independent redistricting commission if the 
     individual meets each of the following criteria:
       (A) As of the date of appointment, the individual is 
     registered to vote in elections for Federal office held in 
     the State.
       (B) During the 3-year period ending on the date of the 
     individual's appointment, the individual has been 
     continuously registered to vote with the same political 
     party, or has not been registered to vote with any political 
     party.
       (C) The individual submits to the nonpartisan agency 
     established or designated by a State under section 204, at 
     such time and in such form as the agency may require, an 
     application for inclusion in the selection pool under this 
     section, and includes with the application a written 
     statement, with an attestation under penalty of perjury, 
     containing the following information and assurances:
       (i) The full current name and any former names of, and the 
     contact information for, the individual, including an 
     electronic mail address, the address of the individual's 
     residence, mailing address, and telephone numbers.
       (ii) The individual's race, ethnicity, gender, age, date of 
     birth, and household income for the most recent taxable year.
       (iii) The political party with which the individual is 
     affiliated, if any.
       (iv) The reason or reasons the individual desires to serve 
     on the independent redistricting commission, the individual's 
     qualifications, and information relevant to the ability of 
     the individual to be fair and impartial, including--

[[Page S5940]]

       (I) any involvement with, or financial support of, 
     professional, social, political, religious, or community 
     organizations or causes; and
       (II) the individual's employment and educational history.

       (v) An assurance that the individual shall commit to 
     carrying out the individual's duties under this Act in an 
     honest, independent, and impartial fashion, and to upholding 
     public confidence in the integrity of the redistricting 
     process.
       (vi) An assurance that, during the covered periods 
     described in paragraph (3), the individual has not taken and 
     will not take any action which would disqualify the 
     individual from serving as a member of the commission under 
     paragraph (2).
       (2) Disqualifications.--An individual is not eligible to 
     serve as a member of the commission if any of the following 
     applies during any of the covered periods described in 
     paragraph (3):
       (A) The individual or (in the case of the covered periods 
     described in subparagraphs (A) and (B) of paragraph (3)) an 
     immediate family member of the individual holds public office 
     or is a candidate for election for public office.
       (B) The individual or (in the case of the covered periods 
     described in subparagraphs (A) and (B) of paragraph (3)) an 
     immediate family member of the individual serves as an 
     officer of a political party or as an officer, employee, or 
     paid consultant of a campaign committee of a candidate for 
     public office or of any political action committee (as 
     determined in accordance with the law of the State).
       (C) The individual or (in the case of the covered periods 
     described in subparagraphs (A) and (B) of paragraph (3)) an 
     immediate family member of the individual holds a position as 
     a registered lobbyist under the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local 
     law.
       (D) The individual or (in the case of the covered periods 
     described in subparagraphs (A) and (B) of paragraph (3)) an 
     immediate family member of the individual is an employee of 
     an elected public official, a contractor with the government 
     of the State, or a donor to the campaign of any candidate for 
     public office or to any political action committee (other 
     than a donor who, during any of such covered periods, gives 
     an aggregate amount of $1,000 or less to the campaigns of all 
     candidates for all public offices and to all political action 
     committees).
       (E) The individual paid a civil money penalty or criminal 
     fine, or was sentenced to a term of imprisonment, for 
     violating any provision of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30101 et seq.).
       (F) The individual or (in the case of the covered periods 
     described in subparagraphs (A) and (B) of paragraph (3)) an 
     immediate family member of the individual is an agent of a 
     foreign principal under the Foreign Agents Registration Act 
     of 1938 (22 U.S.C. 611 et seq.).
       (3) Covered periods described.--In this subsection, the 
     term ``covered period'' means, with respect to the 
     appointment of an individual to the commission, any of the 
     following:
       (A) The 10-year period ending on the date of the 
     individual's appointment.
       (B) The period beginning on the date of the individual's 
     appointment and ending on August 14 of the next year ending 
     in the numeral one.
       (C) The 10-year period beginning on the day after the last 
     day of the period described in subparagraph (B).
       (4) Immediate family member defined.--In this subsection, 
     the term ``immediate family member'' means, with respect to 
     an individual, a father, stepfather, mother, stepmother, son, 
     stepson, daughter, stepdaughter, brother, stepbrother, 
     sister, stepsister, husband, wife, father-in-law, or mother-
     in-law.
       (b) Development and Submission of Selection Pool.--
       (1) In general.--Not later than June 15 of each year ending 
     in the numeral zero, the nonpartisan agency established or 
     designated by a State under section 204(a) shall develop and 
     submit to the Select Committee on Redistricting for the State 
     established under section 204(b) a selection pool of 36 
     individuals who are eligible to serve as members of the 
     independent redistricting commission of the State under this 
     Act, consisting of individuals in the following categories:
       (A) A majority category, consisting of 12 individuals who 
     are affiliated with the political party whose candidate 
     received the most votes in the most recent statewide election 
     for Federal office held in the State.
       (B) A minority category, consisting of 12 individuals who 
     are affiliated with the political party whose candidate 
     received the second most votes in the most recent statewide 
     election for Federal office held in the State.
       (C) An independent category, consisting of 12 individuals 
     who are not affiliated with either of the political parties 
     described in subparagraph (A) or subparagraph (B).
       (2) Factors taken into account in developing pool.--In 
     selecting individuals for the selection pool under this 
     subsection, the nonpartisan agency shall--
       (A) ensure that the pool is representative of the 
     demographic groups (including racial, ethnic, economic, and 
     gender) and geographic regions of the State, and includes 
     applicants who would allow racial, ethnic, and language 
     minorities protected under the Voting Rights Act of 1965 a 
     meaningful opportunity to participate in the development of 
     the State's redistricting plan; and
       (B) take into consideration the analytical skills of the 
     individuals selected in relevant fields (including mapping, 
     data management, law, community outreach, demography, and the 
     geography of the State) and their ability to work on an 
     impartial basis.
       (3) Interviews of applicants.--To assist the nonpartisan 
     agency in developing the selection pool under this 
     subsection, the nonpartisan agency shall conduct interviews 
     of applicants under oath. If an individual is included in a 
     selection pool developed under this section, all of the 
     interviews of the individual shall be transcribed and the 
     transcriptions made available on the nonpartisan agency's 
     website contemporaneously with release of the report under 
     paragraph (6).
       (4) Determination of political party affiliation of 
     individuals in selection pool.--For purposes of this section, 
     an individual shall be considered to be affiliated with a 
     political party only if the nonpartisan agency is able to 
     verify (to the greatest extent possible) the information the 
     individual provides in the application submitted under 
     subsection (a)(1)(C), including by considering additional 
     information provided by other persons with knowledge of the 
     individual's history of political activity.
       (5) Encouraging residents to apply for inclusion in pool.--
     The nonpartisan agency shall take such steps as may be 
     necessary to ensure that residents of the State across 
     various geographic regions and demographic groups are aware 
     of the opportunity to serve on the independent redistricting 
     commission, including publicizing the role of the panel and 
     using newspapers, broadcast media, and online sources, 
     including ethnic media, to encourage individuals to apply for 
     inclusion in the selection pool developed under this 
     subsection.
       (6) Report on establishment of selection pool.--At the time 
     the nonpartisan agency submits the selection pool to the 
     Select Committee on Redistricting under paragraph (1), it 
     shall publish and post on the agency's public website a 
     report describing the process by which the pool was 
     developed, and shall include in the report a description of 
     how the individuals in the pool meet the eligibility criteria 
     of subsection (a) and of how the pool reflects the factors 
     the agency is required to take into consideration under 
     paragraph (2).
       (7) Public comment on selection pool.--During the 14-day 
     period which begins on the date the nonpartisan agency 
     publishes the report under paragraph (6), the agency shall 
     accept comments from the public on the individuals included 
     in the selection pool. The agency shall post all such 
     comments contemporaneously on the nonpartisan agency's 
     website and shall transmit them to the Select Committee on 
     Redistricting immediately upon the expiration of such period.
       (8) Action by select committee.--
       (A) In general.--Not earlier than 15 days and not later 
     than 21 days after receiving the selection pool from the 
     nonpartisan agency under paragraph (1), the Select Committee 
     on Redistricting shall, by majority vote--
       (i) approve the pool as submitted by the nonpartisan 
     agency, in which case the pool shall be considered the 
     approved selection pool for purposes of section 201(a)(1); or
       (ii) reject the pool, in which case the nonpartisan agency 
     shall develop and submit a replacement selection pool in 
     accordance with subsection (c).
       (B) Inaction deemed rejection.--If the Select Committee on 
     Redistricting fails to approve or reject the pool within the 
     deadline set forth in subparagraph (A), the Select Committee 
     shall be deemed to have rejected the pool for purposes of 
     such subparagraph.
       (c) Development of Replacement Selection Pool.--
       (1) In general.--If the Select Committee on Redistricting 
     rejects the selection pool submitted by the nonpartisan 
     agency under subsection (b), not later than 14 days after the 
     rejection, the nonpartisan agency shall develop and submit to 
     the Select Committee a replacement selection pool, under the 
     same terms and conditions that applied to the development and 
     submission of the selection pool under paragraphs (1) through 
     (7) of subsection (b). The replacement pool submitted under 
     this paragraph may include individuals who were included in 
     the rejected selection pool submitted under subsection (b), 
     so long as at least one of the individuals in the replacement 
     pool was not included in such rejected pool.
       (2) Action by select committee.--
       (A) In general.--Not later than 21 days after receiving the 
     replacement selection pool from the nonpartisan agency under 
     paragraph (1), the Select Committee on Redistricting shall, 
     by majority vote--
       (i) approve the pool as submitted by the nonpartisan 
     agency, in which case the pool shall be considered the 
     approved selection pool for purposes of section 201(a)(1); or
       (ii) reject the pool, in which case the nonpartisan agency 
     shall develop and submit a second replacement selection pool 
     in accordance with subsection (d).
       (B) Inaction deemed rejection.--If the Select Committee on 
     Redistricting fails to approve or reject the pool within the 
     deadline set forth in subparagraph (A), the Select Committee 
     shall be deemed to have rejected the pool for purposes of 
     such subparagraph.
       (d) Development of Second Replacement Selection Pool.--
       (1) In general.--If the Select Committee on Redistricting 
     rejects the replacement selection pool submitted by the 
     nonpartisan

[[Page S5941]]

     agency under subsection (c), not later than 14 days after the 
     rejection, the nonpartisan agency shall develop and submit to 
     the Select Committee a second replacement selection pool, 
     under the same terms and conditions that applied to the 
     development and submission of the selection pool under 
     paragraphs (1) through (7) of subsection (b). The second 
     replacement selection pool submitted under this paragraph may 
     include individuals who were included in the rejected 
     selection pool submitted under subsection (b) or the rejected 
     replacement selection pool submitted under subsection (c), so 
     long as at least one of the individuals in the replacement 
     pool was not included in either such rejected pool.
       (2) Action by select committee.--
       (A) In general.--Not earlier than 15 days and not later 
     than 14 days after receiving the second replacement selection 
     pool from the nonpartisan agency under paragraph (1), the 
     Select Committee on Redistricting shall, by majority vote--
       (i) approve the pool as submitted by the nonpartisan 
     agency, in which case the pool shall be considered the 
     approved selection pool for purposes of section 201(a)(1); or
       (ii) reject the pool.
       (B) Inaction deemed rejection.--If the Select Committee on 
     Redistricting fails to approve or reject the pool within the 
     deadline set forth in subparagraph (A), the Select Committee 
     shall be deemed to have rejected the pool for purposes of 
     such subparagraph.
       (C) Effect of rejection.--If the Select Committee on 
     Redistricting rejects the second replacement pool from the 
     nonpartisan agency under paragraph (1), the redistricting 
     plan for the State shall be developed and enacted in 
     accordance with title III.

     SEC. 203. PUBLIC NOTICE AND INPUT.

       (a) Public Notice and Input.--
       (1) Use of open and transparent process.--The independent 
     redistricting commission of a State shall hold each of its 
     meetings in public, shall solicit and take into consideration 
     comments from the public, including proposed maps, throughout 
     the process of developing the redistricting plan for the 
     State, and shall carry out its duties in an open and 
     transparent manner which provides for the widest public 
     dissemination reasonably possible of its proposed and final 
     redistricting plans.
       (2) Website.--
       (A) Features.--The commission shall maintain a public 
     internet site which is not affiliated with or maintained by 
     the office of any elected official and which includes the 
     following features:
       (i) General information on the commission, its role in the 
     redistricting process, and its members, including contact 
     information.
       (ii) An updated schedule of commission hearings and 
     activities, including deadlines for the submission of 
     comments.
       (iii) All draft redistricting plans developed by the 
     commission under subsection (b) and the final redistricting 
     plan developed under subsection (c), including the 
     accompanying written evaluation under subsection (d).
       (iv) All comments received from the public on the 
     commission's activities, including any proposed maps 
     submitted under paragraph (1).
       (v) Live streaming of commission hearings and an archive of 
     previous meetings, including any documents considered at any 
     such meeting, which the commission shall post not later than 
     24 hours after the conclusion of the meeting.
       (vi) Access in an easily usable format to the demographic 
     and other data used by the commission to develop and analyze 
     the proposed redistricting plans, together with access to any 
     software used to draw maps of proposed districts and to any 
     reports analyzing and evaluating any such maps.
       (vii) A method by which members of the public may submit 
     comments and proposed maps directly to the commission.
       (viii) All records of the commission, including all 
     communications to or from members, employees, and contractors 
     regarding the work of the commission.
       (ix) A list of all contractors receiving payment from the 
     commission, together with the annual disclosures submitted by 
     the contractors under section 201(c)(3).
       (x) A list of the names of all individuals who submitted 
     applications to serve on the commission, together with the 
     applications submitted by individuals included in any 
     selection pool, except that the commission may redact from 
     such applications any financial or other personally sensitive 
     information.
       (B) Searchable format.--The commission shall ensure that 
     all information posted and maintained on the site under this 
     paragraph, including information and proposed maps submitted 
     by the public, shall be maintained in an easily searchable 
     format.
       (C) Deadline.--The commission shall ensure that the public 
     internet site under this paragraph is operational (in at 
     least a preliminary format) not later than January 1 of the 
     year ending in the numeral one.
       (3) Public comment period.--The commission shall solicit, 
     accept, and consider comments from the public with respect to 
     its duties, activities, and procedures at any time during the 
     period--
       (A) which begins on January 1 of the year ending in the 
     numeral one; and
       (B) which ends 7 days before the date of the meeting at 
     which the commission shall vote on approving the final 
     redistricting plan for enactment into law under subsection 
     (c)(2).
       (4) Meetings and hearings in various geographic 
     locations.--To the greatest extent practicable, the 
     commission shall hold its meetings and hearings in various 
     geographic regions and locations throughout the State.
       (5) Multiple language requirements for all notices.--The 
     commission shall make each notice which is required to be 
     posted and published under this section available in any 
     language in which the State (or any jurisdiction in the 
     State) is required to provide election materials under 
     section 203 of the Voting Rights Act of 1965 (52 U.S.C. 
     10503).
       (b) Development and Publication of Preliminary 
     Redistricting Plan.--
       (1) In general.--Prior to developing and publishing a final 
     redistricting plan under subsection (c), the independent 
     redistricting commission of a State shall develop and publish 
     a preliminary redistricting plan.
       (2) Minimum public hearings and opportunity for comment 
     prior to development.--
       (A) 3 hearings required.--Prior to developing a preliminary 
     redistricting plan under this subsection, the commission 
     shall hold not fewer than 3 public hearings at which members 
     of the public may provide input and comments regarding the 
     potential contents of redistricting plans for the State and 
     the process by which the commission will develop the 
     preliminary plan under this subsection.
       (B) Minimum period for notice prior to hearings.--Not fewer 
     than 14 days prior to the date of each hearing held under 
     this paragraph, the commission shall post notices of the 
     hearing on the website maintained under subsection (a)(2), 
     and shall provide for the publication of such notices in 
     newspapers of general circulation throughout the State. Each 
     such notice shall specify the date, time, and location of the 
     hearing.
       (C) Submission of plans and maps by members of the 
     public.--Any member of the public may submit maps or portions 
     of maps for consideration by the commission. As provided 
     under subsection (a)(2)(A), any such map shall be made 
     publicly available on the commission's website and open to 
     comment.
       (3) Publication of preliminary plan.--
       (A) In general.--The commission shall post the preliminary 
     redistricting plan developed under this subsection, together 
     with a report that includes the commission's responses to any 
     public comments received under subsection (a)(3), on the 
     website maintained under subsection (a)(2), and shall provide 
     for the publication of each such plan in newspapers of 
     general circulation throughout the State.
       (B) Minimum period for notice prior to publication.--Not 
     fewer than 14 days prior to the date on which the commission 
     posts and publishes the preliminary plan under this 
     paragraph, the commission shall notify the public through the 
     website maintained under subsection (a)(2), as well as 
     through publication of notice in newspapers of general 
     circulation throughout the State, of the pending publication 
     of the plan.
       (4) Minimum post-publication period for public comment.--
     The commission shall accept and consider comments from the 
     public (including through the website maintained under 
     subsection (a)(2)) with respect to the preliminary 
     redistricting plan published under paragraph (3), including 
     proposed revisions to maps, for not fewer than 30 days after 
     the date on which the plan is published.
       (5) Post-publication hearings.--
       (A) 3 hearings required.--After posting and publishing the 
     preliminary redistricting plan under paragraph (3), the 
     commission shall hold not fewer than 3 public hearings in 
     different geographic areas of the State at which members of 
     the public may provide input and comments regarding the 
     preliminary plan.
       (B) Minimum period for notice prior to hearings.--Not fewer 
     than 14 days prior to the date of each hearing held under 
     this paragraph, the commission shall post notices of the 
     hearing on the website maintained under subsection (a)(2), 
     and shall provide for the publication of such notices in 
     newspapers of general circulation throughout the State. Each 
     such notice shall specify the date, time, and location of the 
     hearing.
       (6) Permitting multiple preliminary plans.--At the option 
     of the commission, after developing and publishing the 
     preliminary redistricting plan under this subsection, the 
     commission may develop and publish subsequent preliminary 
     redistricting plans, so long as the process for the 
     development and publication of each such subsequent plan 
     meets the requirements set forth in this subsection for the 
     development and publication of the first preliminary 
     redistricting plan.
       (c) Process for Enactment of Final Redistricting Plan.--
       (1) In general.--After taking into consideration comments 
     from the public on any preliminary redistricting plan 
     developed and published under subsection (b), the independent 
     redistricting commission of a State shall develop and publish 
     a final redistricting plan for the State.
       (2) Meeting; final vote.--Not later than the deadline 
     specified in subsection (e), the commission shall hold a 
     public hearing at which the members of the commission shall 
     vote on approving the final plan for enactment into law.
       (3) Publication of plan and accompanying materials.--Not 
     fewer than 14 days before the date of the meeting under 
     paragraph (2), the commission shall provide the following 
     information to the public through the website maintained 
     under subsection (a)(2),

[[Page S5942]]

     as well as through newspapers of general circulation 
     throughout the State:
       (A) The final redistricting plan, including all relevant 
     maps.
       (B) A report by the commission to accompany the plan which 
     provides the background for the plan and the commission's 
     reasons for selecting the plan as the final redistricting 
     plan, including responses to the public comments received on 
     any preliminary redistricting plan developed and published 
     under subsection (b).
       (C) Any dissenting or additional views with respect to the 
     plan of individual members of the commission.
       (4) Enactment.--Subject to paragraph (5), the final 
     redistricting plan developed and published under this 
     subsection shall be deemed to be enacted into law upon the 
     expiration of the 45-day period which begins on the date on 
     which--
       (A) such final plan is approved by a majority of the whole 
     membership of the commission; and
       (B) at least one member of the commission appointed from 
     each of the categories of the approved selection pool 
     described in section 202(b)(1) approves such final plan.
       (5) Review by department of justice.--
       (A) Requiring submission of plan for review.--The final 
     redistricting plan shall not be deemed to be enacted into law 
     unless the State submits the plan to the Department of 
     Justice for an administrative review to determine if the plan 
     is in compliance with the criteria described in paragraphs 
     (2) and (3) of section 103(a).
       (B) Termination of review.--The Department of Justice shall 
     terminate any administrative review under subparagraph (A) 
     if, during the 45-day period which begins on the date the 
     plan is enacted into law, an action is filed in a United 
     States district court alleging that the plan is not in 
     compliance with the criteria described in paragraphs (2) and 
     (3) of section 103(a).
       (d) Written Evaluation of Plan Against External Metrics.--
     The independent redistricting commission shall include with 
     each redistricting plan developed and published under this 
     section a written evaluation that measures each such plan 
     against external metrics which cover the criteria set forth 
     in section 103(a), including the impact of the plan on the 
     ability of communities of color to elect candidates of 
     choice, measures of partisan fairness using multiple accepted 
     methodologies, and the degree to which the plan preserves or 
     divides communities of interest.
       (e) Timing.--The independent redistricting commission of a 
     State may begin its work on the redistricting plan of the 
     State upon receipt of relevant population information from 
     the Bureau of the Census, and shall approve a final 
     redistricting plan for the State in each year ending in the 
     numeral one not later than 8 months after the date on which 
     the State receives the State apportionment notice or October 
     1, whichever occurs later.

     SEC. 204. ESTABLISHMENT OF RELATED ENTITIES.

       (a) Establishment or Designation of Nonpartisan Agency of 
     State Legislature.--
       (1) In general.--Each State shall establish a nonpartisan 
     agency in the legislative branch of the State government to 
     appoint the members of the independent redistricting 
     commission for the State in accordance with section 201.
       (2) Nonpartisanship described.--For purposes of this 
     subsection, an agency shall be considered to be nonpartisan 
     if under law the agency--
       (A) is required to provide services on a nonpartisan basis;
       (B) is required to maintain impartiality; and
       (C) is prohibited from advocating for the adoption or 
     rejection of any legislative proposal.
       (3) Training of members appointed to commission.--Not later 
     than January 15 of a year ending in the numeral one, the 
     nonpartisan agency established or designated under this 
     subsection shall provide the members of the independent 
     redistricting commission with initial training on their 
     obligations as members of the commission, including 
     obligations under the Voting Rights Act of 1965 (52 U.S.C. 
     10301 et seq.) and other applicable laws.
       (4) Regulations.--The nonpartisan agency established or 
     designated under this subsection shall adopt and publish 
     regulations, after notice and opportunity for comment, 
     establishing the procedures that the agency will follow in 
     fulfilling its duties under this Act, including the 
     procedures to be used in vetting the qualifications and 
     political affiliation of applicants and in creating the 
     selection pools, the randomized process to be used in 
     selecting the initial members of the independent 
     redistricting commission, and the rules that the agency will 
     apply to ensure that the agency carries out its duties under 
     this Act in a maximally transparent, publicly accessible, and 
     impartial manner.
       (5) Designation of existing agency.--At its option, a State 
     may designate an existing agency in the legislative branch of 
     its government to appoint the members of the independent 
     redistricting commission plan for the State under this Act, 
     so long as the agency meets the requirements for 
     nonpartisanship under this subsection.
       (6) Termination of agency specifically established for 
     redistricting.--If a State does not designate an existing 
     agency under paragraph (5) but instead establishes a new 
     agency to serve as the nonpartisan agency under this section, 
     the new agency shall terminate upon the enactment into law of 
     the redistricting plan for the State.
       (7) Preservation of records.--The State shall ensure that 
     the records of the nonpartisan agency are retained in the 
     appropriate State archive in such manner as may be necessary 
     to enable the State to respond to any civil action brought 
     with respect to congressional redistricting in the State.
       (8) Deadline.--The State shall meet the requirements of 
     this subsection not later than each October 15 of a year 
     ending in the numeral nine.
       (b) Establishment of Select Committee on Redistricting.--
       (1) In general.--Each State shall appoint a Select 
     Committee on Redistricting to approve or disapprove a 
     selection pool developed for the State by the nonpartisan 
     agency pursuant to section 202(b).
       (2) Appointment.--The Select Committee on Redistricting for 
     a State under this subsection shall consist of the following 
     members:
       (A) One member of the upper house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     greatest number of seats in the upper house.
       (B) One member of the upper house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     second greatest number of seats in the upper house.
       (C) One member of the lower house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     greatest number of seats in the lower house.
       (D) One member of the lower house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     second greatest number of seats in the lower house.
       (3) Special rule for states with unicameral legislature.--
     In the case of a State with a unicameral legislature, the 
     Select Committee on Redistricting for the State under this 
     subsection shall consist of the following members:
       (A) Two members of the State legislature appointed by the 
     chair of the political party of the State whose candidate 
     received the highest percentage of votes in the most recent 
     statewide election for Federal office held in the State.
       (B) Two members of the State legislature appointed by the 
     chair of the political party whose candidate received the 
     second highest percentage of votes in the most recent 
     statewide election for Federal office held in the State.
       (4) Deadline.--The State shall meet the requirements of 
     this subsection not later than each January 15 of a year 
     ending in the numeral zero.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit the leader of any political party in 
     a legislature from appointment to the Select Committee on 
     Redistricting.

     SEC. 205. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
                   REDISTRICTING COMMISSIONS.

       Not later than May 15 of a year ending in the numeral one, 
     the Comptroller General of the United States shall submit to 
     Congress a report on the extent to which the memberships of 
     independent redistricting commissions for States established 
     under this title with respect to the immediately preceding 
     year ending in the numeral zero meet the diversity 
     requirements as provided for in sections 201(a)(2)(B) and 
     202(b)(2).

    TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

     SEC. 301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

       (a) Development of Plan.--If any of the triggering events 
     described in subsection (f) occur with respect to a State--
       (1) not later than December 15 of the year in which the 
     triggering event occurs, the United States district court for 
     the applicable venue, acting through a 3-judge court convened 
     pursuant to section 2284 of title 28, United States Code, 
     shall develop and publish the congressional redistricting 
     plan for the State; and
       (2) the final plan developed and published by the court 
     under this section shall be deemed to be enacted on the date 
     on which the court publishes the final plan, as described in 
     subsection (d).
       (b) Applicable Venue Described.--For purposes of this 
     section, the ``applicable venue'' with respect to a State is 
     the District of Columbia or the judicial district in which 
     the capital of the State is located, as selected by the first 
     party to file with the court sufficient evidence of the 
     occurrence of a triggering event described in subsection (f).
       (c) Procedures for Development of Plan.--
       (1) Criteria.--In developing a redistricting plan for a 
     State under this section, the court shall adhere to the same 
     terms and conditions that applied (or that would have 
     applied, as the case may be) to the development of a plan by 
     the independent redistricting commission of the State under 
     section 103.
       (2) Access to information and records of commission.--The 
     court shall have access to any information, data, software, 
     or other records and material that was used (or that would 
     have been used, as the case may be) by the independent 
     redistricting commission of the State in carrying out its 
     duties under this Act.
       (3) Hearing; public participation.--In developing a 
     redistricting plan for a State, the court shall--

[[Page S5943]]

       (A) hold one or more evidentiary hearings at which 
     interested members of the public may appear and be heard and 
     present testimony, including expert testimony, in accordance 
     with the rules of the court; and
       (B) consider other submissions and comments by the public, 
     including proposals for redistricting plans to cover the 
     entire State or any portion of the State.
       (4) Use of special master.--To assist in the development 
     and publication of a redistricting plan for a State under 
     this section, the court may appoint a special master to make 
     recommendations to the court on possible plans for the State.
       (d) Publication of Plan.--
       (1) Public availability of initial plan.--Upon completing 
     the development of one or more initial redistricting plans, 
     the court shall make the plans available to the public at no 
     cost, and shall also make available the underlying data used 
     by the court to develop the plans and a written evaluation of 
     the plans against external metrics (as described in section 
     203(d)).
       (2) Publication of final plan.--At any time after the 
     expiration of the 14-day period which begins on the date the 
     court makes the plans available to the public under paragraph 
     (1), and taking into consideration any submissions and 
     comments by the public which are received during such period, 
     the court shall develop and publish the final redistricting 
     plan for the State.
       (e) Use of Interim Plan.--In the event that the court is 
     not able to develop and publish a final redistricting plan 
     for the State with sufficient time for an upcoming election 
     to proceed, the court may develop and publish an interim 
     redistricting plan which shall serve as the redistricting 
     plan for the State until the court develops and publishes a 
     final plan in accordance with this section. Nothing in this 
     subsection may be construed to limit or otherwise affect the 
     authority or discretion of the court to develop and publish 
     the final redistricting plan, including the discretion to 
     make any changes the court deems necessary to an interim 
     redistricting plan.
       (f) Triggering Events Described.--The ``triggering events'' 
     described in this subsection are as follows:
       (1) The failure of the State to establish or designate a 
     nonpartisan agency of the State legislature under section 
     204(a) prior to the expiration of the deadline set forth in 
     section 204(a)(8).
       (2) The failure of the State to appoint a Select Committee 
     on Redistricting under section 204(b) prior to the expiration 
     of the deadline set forth in section 204(b)(4).
       (3) The failure of the Select Committee on Redistricting to 
     approve any selection pool under section 202 prior to the 
     expiration of the deadline set forth for the approval of the 
     second replacement selection pool in section 202(d)(2).
       (4) The failure of the independent redistricting commission 
     of the State to approve a final redistricting plan for the 
     State prior to the expiration of the deadline set forth in 
     section 203(e).

     SEC. 302. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER 
                   ORDER OF FEDERAL COURT.

       If a Federal court requires a State to conduct 
     redistricting subsequent to an apportionment of 
     Representatives in the State in order to comply with the 
     Constitution or to enforce the Voting Rights Act of 1965 (52 
     U.S.C. 10301 et seq.), section 203 shall apply with respect 
     to the redistricting, except that the court may revise any of 
     the deadlines set forth in such section if the court 
     determines that a revision is appropriate in order to provide 
     for a timely enactment of a new redistricting plan for the 
     State.

         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

     SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

       (a) Authorization of Payments.--Subject to subsection (d), 
     not later than 30 days after a State receives a State 
     apportionment notice, the Election Assistance Commission 
     shall, subject to the availability of appropriations provided 
     pursuant to subsection (e), make a payment to the State in an 
     amount equal to the product of--
       (1) the number of Representatives to which the State is 
     entitled, as provided under the notice; and
       (2) $150,000.
       (b) Use of Funds.--A State shall use the payment made under 
     this section to establish and operate the State's independent 
     redistricting commission, to implement the State 
     redistricting plan, and to otherwise carry out congressional 
     redistricting in the State.
       (c) No Payment to States With Single Member.--The Election 
     Assistance Commission shall not make a payment under this 
     section to any State which is not entitled to more than one 
     Representative under its State apportionment notice.
       (d) Requiring Submission of Selection Pool as Condition of 
     Payment.--
       (1) Requirement.--Except as provided in paragraph (2), the 
     Election Assistance Commission may not make a payment to a 
     State under this section until the State certifies to the 
     Commission that the nonpartisan agency established or 
     designated by a State under section 204(a) has, in accordance 
     with section 202(b)(1), submitted a selection pool to the 
     Select Committee on Redistricting for the State established 
     under section 204(b).
       (2) Exception for states with existing commissions.--In the 
     case of a State which, pursuant to section 101(c), is exempt 
     from the requirements of section 101(a), the Commission may 
     not make a payment to the State under this section until the 
     State certifies to the Commission that its redistricting 
     commission meets the requirements of section 101(c).
       (3) Exception for state of iowa.--In the case of the State 
     of Iowa, the Commission may not make a payment to the State 
     under this section until the State certifies to the 
     Commission that it will carry out congressional redistricting 
     pursuant to the State's apportionment notice in accordance 
     with a plan developed by the Iowa Legislative Services Agency 
     with the assistance of a Temporary Redistricting Advisory 
     Commission, as provided under the law described in section 
     101(d).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for payments 
     under this section.

     SEC. 402. CIVIL ENFORCEMENT.

       (a) Civil Enforcement.--
       (1) Actions by attorney general.--The Attorney General may 
     bring a civil action in an appropriate district court for 
     such relief as may be appropriate to carry out this Act.
       (2) Availability of private right of action.--Any citizen 
     of a State who is aggrieved by the failure of the State to 
     meet the requirements of this Act may bring a civil action in 
     the United States district court for the applicable venue for 
     such relief as may be appropriate to remedy the failure. For 
     purposes of this section, the ``applicable venue'' is the 
     District of Columbia or the judicial district in which the 
     capital of the State is located, as selected by the person 
     who brings the civil action.
       (b) Expedited Consideration.--In any action brought forth 
     under this section, the following rules shall apply:
       (1) The action shall be filed in the district court of the 
     United States for the District of Columbia or for the 
     judicial district in which the capital of the State is 
     located, as selected by the person bringing the action.
       (2) The action shall be heard by a 3-judge court convened 
     pursuant to section 2284 of title 28, United States Code.
       (3) The 3-judge court shall consolidate actions brought for 
     relief under subsection (b)(1) with respect to the same State 
     redistricting plan.
       (4) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (5) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (6) It shall be the duty of the district court and the 
     Supreme Court of the United States to advance on the docket 
     and to expedite to the greatest possible extent the 
     disposition of the action and appeal.
       (c) Remedies.--
       (1) Adoption of replacement plan.--
       (A) In general.--If the district court in an action under 
     this section finds that the congressional redistricting plan 
     of a State violates, in whole or in part, the requirements of 
     this Act--
       (i) the court shall adopt a replacement congressional 
     redistricting plan for the State in accordance with the 
     process set forth in section 301; or
       (ii) if circumstances warrant and no delay to an upcoming 
     regularly scheduled election for the House of Representatives 
     in the State would result, the district court may allow a 
     State to develop and propose a remedial congressional 
     redistricting plan for consideration by the court, and such 
     remedial plan may be developed by the State by adopting such 
     appropriate changes to the State's enacted plan as may be 
     ordered by the court.
       (B) Special rule in case final adjudication not expected 
     within 3 months of election.--If final adjudication of an 
     action under this section is not reasonably expected to be 
     completed at least three months prior to the next regularly 
     scheduled election for the House of Representatives in the 
     State, the district court shall, as the balance of equities 
     warrant,--
       (i) order development, adoption, and use of an interim 
     congressional redistricting plan in accordance with section 
     301(e) to address any claims under this Act for which a party 
     seeking relief has demonstrated a substantial likelihood of 
     success; or
       (ii) order adjustments to the timing of primary elections 
     for the House of Representatives, as needed, to allow 
     sufficient opportunity for adjudication of the matter and 
     adoption of a remedial or replacement plan for use in the 
     next regularly scheduled general elections for the House of 
     Representatives.
       (2) No injunctive relief permitted.--Any remedial or 
     replacement congressional redistricting plan ordered under 
     this subsection shall not be subject to temporary or 
     preliminary injunctive relief from any court unless the 
     record establishes that a writ of mandamus is warranted.
       (3) No stay pending appeal.--Notwithstanding the appeal of 
     an order finding that a congressional redistricting plan of a 
     State violates, in whole or in part, the requirements of this 
     Act, no stay shall issue which shall bar the development or 
     adoption of a replacement or remedial plan under this 
     subsection, as may be directed by the district court, pending 
     such appeal.

[[Page S5944]]

       (d) Attorney's Fees.--In a civil action under this section, 
     the court may allow the prevailing party (other than the 
     United States) reasonable attorney fees, including litigation 
     expenses, and costs.
       (e) Relation to Other Laws.--
       (1) Rights and remedies additional to other rights and 
     remedies.--The rights and remedies established by this 
     section are in addition to all other rights and remedies 
     provided by law, and neither the rights and remedies 
     established by this section nor any other provision of this 
     Act shall supersede, restrict, or limit the application of 
     the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
       (2) Voting rights act of 1965.--Nothing in this Act 
     authorizes or requires conduct that is prohibited by the 
     Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
       (f) Legislative Privilege.--No person, legislature, or 
     State may claim legislative privilege under either State or 
     Federal law in a civil action brought under this section or 
     in any other legal challenge, under either State or Federal 
     law, to a redistricting plan enacted under this Act.

     SEC. 403. STATE APPORTIONMENT NOTICE DEFINED.

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

     SEC. 404. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

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

     SEC. 405. EFFECTIVE DATE.

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

 TITLE V--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 
                                 CENSUS

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

     SEC. 511. APPLICATION OF CERTAIN REQUIREMENTS FOR 
                   REDISTRICTING CARRIED OUT PURSUANT TO 2020 
                   CENSUS.

       Notwithstanding section 405, titles I, III, and IV of this 
     Act and the amendments made by such titles shall apply with 
     respect to congressional redistricting carried out pursuant 
     to the decennial census conducted during 2020 in the same 
     manner as such titles and the amendments made by such title 
     apply with respect to redistricting carried out pursuant to 
     the decennial census conducted during 2030, except as 
     follows:
       (1) Except as provided in subsection (c) and subsection (d) 
     of section 101, the redistricting shall be conducted in 
     accordance with--
       (A) the redistricting plan developed and enacted into law 
     by the independent redistricting commission established in 
     the State in accordance with subtitle B; or
       (B) if a plan developed by such commission is not enacted 
     into law, the redistricting plan developed and enacted into 
     law by a 3-judge court in accordance with section 301.
       (2) If any of the triggering events described in section 
     512 occur with respect to the State, the United States 
     district court for the applicable venue shall develop and 
     publish the redistricting plan for the State, in accordance 
     with section 301, not later than March 15, 2022.
       (3) For purposes of section 401(d)(1), the Election 
     Assistance Commission may not make a payment to a State under 
     such section until the State certifies to the Commission that 
     the nonpartisan agency established or designated by a State 
     under section 524(a) has, in accordance with section 
     522(b)(1), submitted a selection pool to the Select Committee 
     on Redistricting for the State established under section 
     524(b).

     SEC. 512. TRIGGERING EVENTS.

       For purposes of the redistricting carried out pursuant to 
     the decennial census conducted during 2020, the triggering 
     events described in this section are as follows:
       (1) The failure of the State to establish or designate a 
     nonpartisan agency under section 524(a) prior to the 
     expiration of the deadline under section 524(a)(6).
       (2) The failure of the State to appoint a Select Committee 
     on Redistricting under section 524(b) prior to the expiration 
     of the deadline under section 524(b)(4).
       (3) The failure of the Select Committee on Redistricting to 
     approve a selection pool under section 522(b) prior to the 
     expiration of the deadline under section 522(b)(7).
       (4) The failure of the independent redistricting commission 
     of the State to approve a final redistricting plan for the 
     State under section 523 prior to the expiration of the 
     deadline under section 523(e).

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

     SEC. 521. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR 
                   REDISTRICTING CARRIED OUT PURSUANT TO 2020 
                   CENSUS.

       (a) Appointment of Members.--
       (1) In general.--The nonpartisan agency established or 
     designated by a State under section 524(a) shall establish an 
     independent redistricting commission under this title for the 
     State, which shall consist of 15 members appointed by the 
     agency as follows:
       (A) Not later than November 5, 2021, the agency shall, at a 
     public meeting held not earlier than 15 days after notice of 
     the meeting has been given to the public, first appoint 6 
     members as follows:
       (i) The agency shall appoint 2 members on a random basis 
     from the majority category of the approved selection pool (as 
     described in section 522(b)(1)(A)).
       (ii) The agency shall appoint 2 members on a random basis 
     from the minority category of the approved selection pool (as 
     described in section 522(b)(1)(B)).
       (iii) The agency shall appoint 2 members on a random basis 
     from the independent category of the approved selection pool 
     (as described in section 522(b)(1)(C)).
       (B) Not later than November 15, 2021, the members appointed 
     by the agency under subparagraph (A) shall, at a public 
     meeting held not earlier than 15 days after notice of the 
     meeting has been given to the public, then appoint 9 members 
     as follows:
       (i) The members shall appoint 3 members from the majority 
     category of the approved selection pool (as described in 
     section 522(b)(1)(A)).
       (ii) The members shall appoint 3 members from the minority 
     category of the approved selection pool (as described in 
     section 522(b)(1)(B)).
       (iii) The members shall appoint 3 members from the 
     independent category of the approved selection pool (as 
     described in section 522(b)(1)(C)).
       (2) Rules for appointment of members appointed by first 
     members.--
       (A) Affirmative vote of at least 4 members.--The 
     appointment of any of the 9 members of the independent 
     redistricting commission who are appointed by the first 
     members of the commission pursuant to subparagraph (B) of 
     paragraph (1) shall require the affirmative vote of at least 
     4 of the members appointed by the nonpartisan agency under 
     subparagraph (A) of paragraph (1), including at least one 
     member from each of the categories referred to in such 
     subparagraph.
       (B) Ensuring diversity.--In appointing the 9 members 
     pursuant to subparagraph (B) of paragraph (1), the first 
     members of the independent redistricting commission shall 
     ensure that the membership is representative of the 
     demographic groups (including racial, ethnic, economic, and 
     gender) and geographic regions of the State, and provides 
     racial, ethnic, and language minorities protected under the 
     Voting Rights Act of 1965 with a meaningful opportunity to 
     participate in the development of the State's redistricting 
     plan.
       (3) Removal.--A member of the independent redistricting 
     commission may be removed by a majority vote of the remaining 
     members of the commission if it is shown by a preponderance 
     of the evidence that the member is not eligible to serve on 
     the commission under section 522(a).
       (b) Procedures for Conducting Commission Business.--
       (1) Requiring majority approval for actions.--The 
     independent redistricting commission of a State under this 
     title may not publish and disseminate any draft or final 
     redistricting plan, or take any other action, without the 
     approval of at least--
       (A) a majority of the whole membership of the commission; 
     and
       (B) at least one member of the commission appointed from 
     each of the categories of the approved selection pool 
     described in section 522(b)(1).
       (2) Quorum.--A majority of the members of the commission 
     shall constitute a quorum.
       (c) Staff; Contractors.--
       (1) Staff.--Under a public application process in which all 
     application materials are available for public inspection, 
     the independent redistricting commission of a State under 
     this title shall appoint and set the pay of technical 
     experts, legal counsel, consultants, and such other staff as 
     it considers appropriate, subject to State law.
       (2) Contractors.--The independent redistricting commission 
     of a State may enter into such contracts with vendors as it 
     considers appropriate, subject to State law, except that any 
     such contract shall be valid only if approved by the vote of 
     a majority of the members of the commission, including at 
     least one member appointed from each of the categories of the 
     approved selection pool described in section 522(b)(1).
       (3) Goal of impartiality.--The commission shall take such 
     steps as it considers appropriate to ensure that any staff 
     appointed under this subsection, and any vendor with whom the 
     commission enters into a contract under this subsection, will 
     work in an impartial manner.
       (d) Preservation of Records.--The State shall ensure that 
     the records of the independent redistricting commission are 
     retained in the appropriate State archive in such manner as 
     may be necessary to enable the State to respond to any civil 
     action brought with respect to congressional redistricting in 
     the State.

     SEC. 522. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS 
                   ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION.

       (a) Criteria for Eligibility.--
       (1) In general.--An individual is eligible to serve as a 
     member of an independent redistricting commission under this 
     title if the

[[Page S5945]]

     individual meets each of the following criteria:
       (A) As of the date of appointment, the individual is 
     registered to vote in elections for Federal office held in 
     the State.
       (B) During the 3-year period ending on the date of the 
     individual's appointment, the individual has been 
     continuously registered to vote with the same political 
     party, or has not been registered to vote with any political 
     party.
       (C) The individual submits to the nonpartisan agency 
     established or designated by a State under section 524, at 
     such time and in such form as the agency may require, an 
     application for inclusion in the selection pool under this 
     section, and includes with the application a written 
     statement, with an attestation under penalty of perjury, 
     containing the following information and assurances:
       (i) The full current name and any former names of, and the 
     contact information for, the individual, including an 
     electronic mail address, the address of the individual's 
     residence, mailing address, and telephone numbers.
       (ii) The individual's race, ethnicity, gender, age, date of 
     birth, and household income for the most recent taxable year.
       (iii) The political party with which the individual is 
     affiliated, if any.
       (iv) The reason or reasons the individual desires to serve 
     on the independent redistricting commission, the individual's 
     qualifications, and information relevant to the ability of 
     the individual to be fair and impartial, including--

       (I) any involvement with, or financial support of, 
     professional, social, political, religious, or community 
     organizations or causes; and
       (II) the individual's employment and educational history.

       (v) An assurance that the individual shall commit to 
     carrying out the individual's duties under this Act in an 
     honest, independent, and impartial fashion, and to upholding 
     public confidence in the integrity of the redistricting 
     process.
       (vi) An assurance that, during such covered period as the 
     State may establish with respect to any of the subparagraphs 
     of paragraph (2), the individual has not taken and will not 
     take any action which would disqualify the individual from 
     serving as a member of the commission under such paragraph.
       (2) Disqualifications.--An individual is not eligible to 
     serve as a member of the commission if any of the following 
     applies with respect to such covered period as the State may 
     establish:
       (A) The individual or an immediate family member of the 
     individual holds public office or is a candidate for election 
     for public office.
       (B) The individual or an immediate family member of the 
     individual serves as an officer of a political party or as an 
     officer, employee, or paid consultant of a campaign committee 
     of a candidate for public office or of any political action 
     committee (as determined in accordance with the law of the 
     State).
       (C) The individual or an immediate family member of the 
     individual holds a position as a registered lobbyist under 
     the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) 
     or an equivalent State or local law.
       (D) The individual or an immediate family member of the 
     individual is an employee of an elected public official, a 
     contractor with the government of the State, or a donor to 
     the campaign of any candidate for public office or to any 
     political action committee (other than a donor who, during 
     any of such covered periods, gives an aggregate amount of 
     $1,000 or less to the campaigns of all candidates for all 
     public offices and to all political action committees).
       (E) The individual paid a civil money penalty or criminal 
     fine, or was sentenced to a term of imprisonment, for 
     violating any provision of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30101 et seq.).
       (F) The individual or an immediate family member of the 
     individual is an agent of a foreign principal under the 
     Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et 
     seq.).
       (3) Immediate family member defined.--In this subsection, 
     the term ``immediate family member'' means, with respect to 
     an individual, a father, stepfather, mother, stepmother, son, 
     stepson, daughter, stepdaughter, brother, stepbrother, 
     sister, stepsister, husband, wife, father-in-law, or mother-
     in-law.
       (b) Development and Submission of Selection Pool.--
       (1) In general.--Not later than October 15, 2021, the 
     nonpartisan agency established or designated by a State under 
     section 524(a) shall develop and submit to the Select 
     Committee on Redistricting for the State established under 
     section 524(b) a selection pool of 36 individuals who are 
     eligible to serve as members of the independent redistricting 
     commission of the State under this title, consisting of 
     individuals in the following categories:
       (A) A majority category, consisting of 12 individuals who 
     are affiliated with the political party whose candidate 
     received the most votes in the most recent Statewide election 
     for Federal office held in the State.
       (B) A minority category, consisting of 12 individuals who 
     are affiliated with the political party whose candidate 
     received the second most votes in the most recent Statewide 
     election for Federal office held in the State.
       (C) An independent category, consisting of 12 individuals 
     who are not affiliated with either of the political parties 
     described in subparagraph (A) or subparagraph (B).
       (2) Factors taken into account in developing pool.--In 
     selecting individuals for the selection pool under this 
     subsection, the nonpartisan agency shall--
       (A) ensure that the pool is representative of the 
     demographic groups (including racial, ethnic, economic, and 
     gender) and geographic regions of the State, and includes 
     applicants who would allow racial, ethnic, and language 
     minorities protected under the Voting Rights Act of 1965 a 
     meaningful opportunity to participate in the development of 
     the State's redistricting plan; and
       (B) take into consideration the analytical skills of the 
     individuals selected in relevant fields (including mapping, 
     data management, law, community outreach, demography, and the 
     geography of the State) and their ability to work on an 
     impartial basis.
       (3) Determination of political party affiliation of 
     individuals in selection pool.--For purposes of this section, 
     an individual shall be considered to be affiliated with a 
     political party only if the nonpartisan agency is able to 
     verify (to the greatest extent possible) the information the 
     individual provides in the application submitted under 
     subsection (a)(1)(C), including by considering additional 
     information provided by other persons with knowledge of the 
     individual's history of political activity.
       (4) Encouraging residents to apply for inclusion in pool.--
     The nonpartisan agency shall take such steps as may be 
     necessary to ensure that residents of the State across 
     various geographic regions and demographic groups are aware 
     of the opportunity to serve on the independent redistricting 
     commission, including publicizing the role of the panel and 
     using newspapers, broadcast media, and online sources, 
     including ethnic media, to encourage individuals to apply for 
     inclusion in the selection pool developed under this 
     subsection.
       (5) Report on establishment of selection pool.--At the time 
     the nonpartisan agency submits the selection pool to the 
     Select Committee on Redistricting under paragraph (1), it 
     shall publish a report describing the process by which the 
     pool was developed, and shall include in the report a 
     description of how the individuals in the pool meet the 
     eligibility criteria of subsection (a) and of how the pool 
     reflects the factors the agency is required to take into 
     consideration under paragraph (2).
       (6) Public comment on selection pool.--During the 14-day 
     period which begins on the date the nonpartisan agency 
     publishes the report under paragraph (5), the agency shall 
     accept comments from the public on the individuals included 
     in the selection pool. The agency shall transmit all such 
     comments to the Select Committee on Redistricting immediately 
     upon the expiration of such period.
       (7) Action by select committee.--
       (A) In general.--Not later than November 1, 2021, the 
     Select Committee on Redistricting shall--
       (i) approve the pool as submitted by the nonpartisan 
     agency, in which case the pool shall be considered the 
     approved selection pool for purposes of section 521(a)(1); or
       (ii) reject the pool, in which case the redistricting plan 
     for the State shall be developed and enacted in accordance 
     with title III.
       (B) Inaction deemed rejection.--If the Select Committee on 
     Redistricting fails to approve or reject the pool within the 
     deadline set forth in subparagraph (A), the Select Committee 
     shall be deemed to have rejected the pool for purposes of 
     such subparagraph.

     SEC. 523. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND 
                   INPUT.

       (a) Public Notice and Input.--
       (1) Use of open and transparent process.--The independent 
     redistricting commission of a State under this title shall 
     hold each of its meetings in public, shall solicit and take 
     into consideration comments from the public, including 
     proposed maps, throughout the process of developing the 
     redistricting plan for the State, and shall carry out its 
     duties in an open and transparent manner which provides for 
     the widest public dissemination reasonably possible of its 
     proposed and final redistricting plans.
       (2) Public comment period.--The commission shall solicit, 
     accept, and consider comments from the public with respect to 
     its duties, activities, and procedures at any time until 7 
     days before the date of the meeting at which the commission 
     shall vote on approving the final redistricting plan for 
     enactment into law under subsection (c)(2).
       (3) Meetings and hearings in various geographic 
     locations.--To the greatest extent practicable, the 
     commission shall hold its meetings and hearings in various 
     geographic regions and locations throughout the State.
       (4) Multiple language requirements for all notices.--The 
     commission shall make each notice which is required to be 
     published under this section available in any language in 
     which the State (or any jurisdiction in the State) is 
     required to provide election materials under section 203 of 
     the Voting Rights Act of 1965 (52 U.S.C. 10503).
       (b) Development and Publication of Preliminary 
     Redistricting Plan.--
       (1) In general.--Prior to developing and publishing a final 
     redistricting plan under subsection (c), the independent 
     redistricting commission of a State under this title shall 
     develop and publish a preliminary redistricting plan.

[[Page S5946]]

       (2) Minimum public hearings and opportunity for comment 
     prior to development.--
       (A) 2 hearings required.--Prior to developing a preliminary 
     redistricting plan under this subsection, the commission 
     shall hold not fewer than 2 public hearings at which members 
     of the public may provide input and comments regarding the 
     potential contents of redistricting plans for the State and 
     the process by which the commission will develop the 
     preliminary plan under this subsection.
       (B) Notice prior to hearings.--The commission shall provide 
     for the publication of notices of each hearing held under 
     this paragraph, including in newspapers of general 
     circulation throughout the State. Each such notice shall 
     specify the date, time, and location of the hearing.
       (C) Submission of plans and maps by members of the 
     public.--Any member of the public may submit maps or portions 
     of maps for consideration by the commission.
       (3) Publication of preliminary plan.--The commission shall 
     provide for the publication of the preliminary redistricting 
     plan developed under this subsection, including in newspapers 
     of general circulation throughout the State, and shall make 
     publicly available a report that includes the commission's 
     responses to any public comments received under this 
     subsection.
       (4) Public comment after publication.--The commission shall 
     accept and consider comments from the public with respect to 
     the preliminary redistricting plan published under paragraph 
     (3), including proposed revisions to maps, until 14 days 
     before the date of the meeting under subsection (c)(2) at 
     which the members of the commission shall vote on approving 
     the final redistricting plan for enactment into law.
       (5) Post-publication hearings.--
       (A) 2 hearings required.--After publishing the preliminary 
     redistricting plan under paragraph (3), and not later than 14 
     days before the date of the meeting under subsection (c)(2) 
     at which the members of the commission shall vote on 
     approving the final redistricting plan for enactment into 
     law, the commission shall hold not fewer than 2 public 
     hearings in different geographic areas of the State at which 
     members of the public may provide input and comments 
     regarding the preliminary plan.
       (B) Notice prior to hearings.--The commission shall provide 
     for the publication of notices of each hearing held under 
     this paragraph, including in newspapers of general 
     circulation throughout the State. Each such notice shall 
     specify the date, time, and location of the hearing.
       (6) Permitting multiple preliminary plans.--At the option 
     of the commission, after developing and publishing the 
     preliminary redistricting plan under this subsection, the 
     commission may develop and publish subsequent preliminary 
     redistricting plans, so long as the process for the 
     development and publication of each such subsequent plan 
     meets the requirements set forth in this subsection for the 
     development and publication of the first preliminary 
     redistricting plan.
       (c) Process for Enactment of Final Redistricting Plan.--
       (1) In general.--After taking into consideration comments 
     from the public on any preliminary redistricting plan 
     developed and published under subsection (b), the independent 
     redistricting commission of a State under this title shall 
     develop and publish a final redistricting plan for the State.
       (2) Meeting; final vote.--Not later than the deadline 
     specified in subsection (e), the commission shall hold a 
     public hearing at which the members of the commission shall 
     vote on approving the final plan for enactment into law.
       (3) Publication of plan and accompanying materials.--Not 
     fewer than 14 days before the date of the meeting under 
     paragraph (2), the commission shall make the following 
     information available to the public, including through 
     newspapers of general circulation throughout the State:
       (A) The final redistricting plan, including all relevant 
     maps.
       (B) A report by the commission to accompany the plan which 
     provides the background for the plan and the commission's 
     reasons for selecting the plan as the final redistricting 
     plan, including responses to the public comments received on 
     any preliminary redistricting plan developed and published 
     under subsection (b).
       (C) Any dissenting or additional views with respect to the 
     plan of individual members of the commission.
       (4) Enactment.--The final redistricting plan developed and 
     published under this subsection shall be deemed to be enacted 
     into law upon the expiration of the 45-day period which 
     begins on the date on which--
       (A) such final plan is approved by a majority of the whole 
     membership of the commission; and
       (B) at least one member of the commission appointed from 
     each of the categories of the approved selection pool 
     described in section 522(b)(1) approves such final plan.
       (d) Written Evaluation of Plan Against External Metrics.--
     The independent redistricting commission of a State under 
     this title shall include with each redistricting plan 
     developed and published under this section a written 
     evaluation that measures each such plan against external 
     metrics which cover the criteria set forth in section 103(a), 
     including the impact of the plan on the ability of 
     communities of color to elect candidates of choice, measures 
     of partisan fairness using multiple accepted methodologies, 
     and the degree to which the plan preserves or divides 
     communities of interest.
       (e) Deadline.--The independent redistricting commission of 
     a State under this title shall approve a final redistricting 
     plan for the State not later than February 15, 2022.

     SEC. 524. ESTABLISHMENT OF RELATED ENTITIES.

       (a) Establishment or Designation of Nonpartisan Agency of 
     State Legislature.--
       (1) In general.--Each State shall establish a nonpartisan 
     agency in the legislative branch of the State government to 
     appoint the members of the independent redistricting 
     commission for the State under this title in accordance with 
     section 521.
       (2) Nonpartisanship described.--For purposes of this 
     subsection, an agency shall be considered to be nonpartisan 
     if under law the agency--
       (A) is required to provide services on a nonpartisan basis;
       (B) is required to maintain impartiality; and
       (C) is prohibited from advocating for the adoption or 
     rejection of any legislative proposal.
       (3) Designation of existing agency.--At its option, a State 
     may designate an existing agency in the legislative branch of 
     its government to appoint the members of the independent 
     redistricting commission plan for the State under this Act, 
     so long as the agency meets the requirements for 
     nonpartisanship under this subsection.
       (4) Termination of agency specifically established for 
     redistricting.--If a State does not designate an existing 
     agency under paragraph (3) but instead establishes a new 
     agency to serve as the nonpartisan agency under this section, 
     the new agency shall terminate upon the enactment into law of 
     the redistricting plan for the State.
       (5) Preservation of records.--The State shall ensure that 
     the records of the nonpartisan agency are retained in the 
     appropriate State archive in such manner as may be necessary 
     to enable the State to respond to any civil action brought 
     with respect to congressional redistricting in the State.
       (6) Deadline.--The State shall meet the requirements of 
     this subsection not later than September 1, 2021.
       (b) Establishment of Select Committee on Redistricting.--
       (1) In general.--Each State shall appoint a Select 
     Committee on Redistricting to approve or disapprove a 
     selection pool developed by the independent redistricting 
     commission for the State under this title under section 522.
       (2) Appointment.--The Select Committee on Redistricting for 
     a State under this subsection shall consist of the following 
     members:
       (A) One member of the upper house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     greatest number of seats in the upper house.
       (B) One member of the upper house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     second greatest number of seats in the upper house.
       (C) One member of the lower house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     greatest number of seats in the lower house.
       (D) One member of the lower house of the State legislature, 
     who shall be appointed by the leader of the party with the 
     second greatest number of seats in the lower house.
       (3) Special rule for states with unicameral legislature.--
     In the case of a State with a unicameral legislature, the 
     Select Committee on Redistricting for the State under this 
     subsection shall consist of the following members:
       (A) Two members of the State legislature appointed by the 
     chair of the political party of the State whose candidate 
     received the highest percentage of votes in the most recent 
     Statewide election for Federal office held in the State.
       (B) Two members of the State legislature appointed by the 
     chair of the political party whose candidate received the 
     second highest percentage of votes in the most recent 
     Statewide election for Federal office held in the State.
       (4) Deadline.--The State shall meet the requirements of 
     this subsection not later than September 15, 2021.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit the leader of any political party in 
     a legislature from appointment to the Select Committee on 
     Redistricting.

     SEC. 525. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
                   REDISTRICTING COMMISSIONS.

       Not later than February 15, 2022, the Comptroller General 
     of the United States shall submit to Congress a report on the 
     extent to which the memberships of independent redistricting 
     commissions for States established under this title with 
     respect to the immediately preceding year ending in the 
     numeral zero meet the diversity requirements as provided for 
     in sections 521(a)(2)(B) and 522(b)(2).
                                 ______
                                 
      By Mr. SCHUMER:
  S. 2671. A bill to amend the Federal Election Campaign Act of 1971 to 
provide for additional disclosure requirements for corporations, labor 
organizations, Super PACs and other entities, and for other purposes.

[[Page S5947]]

  Mr. President. I ask the text of the bill be printed in the Record.
  So ordered.

                                S. 2671

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Democracy 
     Is Strengthened by Casting Light On Spending in Elections Act 
     of 2021'' or the ``DISCLOSE Act of 2021''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

 TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

Sec. 101. Clarification of prohibition on participation by foreign 
              nationals in election-related activities.
Sec. 102. Clarification of application of foreign money ban to certain 
              disbursements and activities.
Sec. 103. Audit and report on illicit foreign money in Federal 
              elections.
Sec. 104. Prohibition on contributions and donations by foreign 
              nationals in connection with ballot initiatives and 
              referenda.
Sec. 105. Disbursements and activities subject to foreign money ban.
Sec. 106. Prohibiting establishment of corporation to conceal election 
              contributions and donations by foreign nationals.

         TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 201. Reporting of campaign-related disbursements.
Sec. 202. Application of foreign money ban to disbursements for 
              campaign-related disbursements consisting of covered 
              transfers.
Sec. 203. Effective date.

                TITLE III--OTHER ADMINISTRATIVE REFORMS

Sec. 301. Petition for certiorari.
Sec. 302. Judicial review of actions related to campaign finance laws.

 TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

     SEC. 101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY 
                   FOREIGN NATIONALS IN ELECTION-RELATED 
                   ACTIVITIES.

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

     SEC. 102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN 
                   TO CERTAIN DISBURSEMENTS AND ACTIVITIES.

       (a) Application to Disbursements to Super PACs and Other 
     Persons.--Section 319(b) of the Federal Election Campaign Act 
     of 1971 (52 U.S.C. 30121(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and by moving such 
     subparagraphs 2 ems to the right;
       (2) by striking ``As used in this section, the term 
     `foreign national' means'' and inserting the following: 
     ``Definitions.--For purposes of this section--
       ``(1) Foreign national.--The term'';
       (3) by moving paragraphs (1) and (2) two ems to the right 
     and redesignating them as subparagraphs (A) and (B), 
     respectively; and
       (4) by adding at the end the following new paragraph:
       ``(2) Contribution and donation.--For purposes of 
     paragraphs (1) and (2) of subsection (a), the term 
     `contribution or donation' includes any disbursement to a 
     political committee which accepts donations or contributions 
     that do not comply with any of the limitations, prohibitions, 
     and reporting requirements of this Act (or any disbursement 
     to or on behalf of any account of a political committee which 
     is established for the purpose of accepting such donations or 
     contributions), or to any other person for the purpose of 
     funding an expenditure, independent expenditure, or 
     electioneering communication (as defined in section 
     304(f)(3)).''.
       (b) Conditions Under Which Corporate PACs May Make 
     Contributions and Expenditures.--Section 316(b) of such Act 
     (52 U.S.C. 30118(b)) is amended by adding at the end the 
     following new paragraph:
       ``(8) A separate segregated fund established by a 
     corporation may not make a contribution or expenditure during 
     a year unless the fund has certified to the Commission the 
     following during the year:
       ``(A) Each individual who manages the fund, and who is 
     responsible for exercising decisionmaking authority for the 
     fund, is a citizen of the United States or is lawfully 
     admitted for permanent residence in the United States.
       ``(B) No foreign national under section 319 participates in 
     any way in the decisionmaking processes of the fund with 
     regard to contributions or expenditures under this Act.
       ``(C) The fund does not solicit or accept recommendations 
     from any foreign national under section 319 with respect to 
     the contributions or expenditures made by the fund.
       ``(D) Any member of the board of directors of the 
     corporation who is a foreign national under section 319 
     abstains from voting on matters concerning the fund or its 
     activities.''.

     SEC. 103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN 
                   FEDERAL ELECTIONS.

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

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

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

     SEC. 104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY 
                   FOREIGN NATIONALS IN CONNECTION WITH BALLOT 
                   INITIATIVES AND REFERENDA.

       (a) In General.--Section 319(b) of the Federal Election 
     Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by 
     section 102(a), is amended by adding at the end the following 
     new paragraph:

[[Page S5948]]

       ``(3) Federal, state, or local election.--The term 
     `Federal, State, or local election' includes a State or local 
     ballot initiative or referendum.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections held in 2022 or any 
     succeeding year.

     SEC. 105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN 
                   MONEY BAN.

       (a) Disbursements Described.--Section 319(a)(1) of the 
     Federal Election Campaign Act of 1971 (52 U.S.C. 
     30121(a)(1)), as amended by section 101, is amended--
       (1) by striking ``or'' at the end of subparagraph (B); and
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C) an expenditure;
       ``(D) an independent expenditure;
       ``(E) a disbursement for an electioneering communication 
     (within the meaning of section 304(f)(3));
       ``(F) a disbursement for a communication which is placed or 
     promoted for a fee on a website, web application, or digital 
     application that refers to a clearly identified candidate for 
     election for Federal office and is disseminated within 60 
     days before a general, special or runoff election for the 
     office sought by the candidate or 30 days before a primary or 
     preference election, or a convention or caucus of a political 
     party that has authority to nominate a candidate for the 
     office sought by the candidate;
       ``(G) a disbursement for a broadcast, cable or satellite 
     communication, or for a communication which is placed or 
     promoted for a fee on a website, web application, or digital 
     application, that promotes, supports, attacks or opposes the 
     election of a clearly identified candidate for Federal, 
     State, or local office (regardless of whether the 
     communication contains express advocacy or the functional 
     equivalent of express advocacy);
       ``(H) a disbursement for a broadcast, cable, or satellite 
     communication, or for any communication which is placed or 
     promoted for a fee on an online platform, that discusses a 
     national legislative issue of public importance in a year in 
     which a regularly scheduled general election for Federal 
     office is held, but only if the disbursement is made by a 
     covered foreign national;
       ``(I) a disbursement by a covered foreign national to 
     compensate any person for internet activity that promotes, 
     supports, attacks or opposes the election of a clearly 
     identified candidate for Federal, State, or local office 
     (regardless of whether the activity contains express advocacy 
     or the functional equivalent of express advocacy); or
       ``(J) a disbursement for a Federal judicial nomination 
     communication (as defined in section 324(d)(3));''.
       (b) Online Platform.--Section 319(b) of such Act (51 U.S.C. 
     30121(b)), as amended by sections 102(a) and 104, is amended 
     by adding at the end the following new paragraphs:
       ``(4) Online platform.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `online platform' means any public-facing website, web 
     application, or digital application (including a social 
     network, ad network, or search engine) which--
       ``(i)(I) sells qualified political advertisements; and
       ``(II) has 50,000,000 or more unique monthly United States 
     visitors or users for a majority of months during the 
     preceding 12 months; or
       ``(ii) is a third-party advertising vendor that has 
     50,000,000 or more unique monthly United States visitors in 
     the aggregate on any advertisement space that it has sold or 
     bought for a majority of months during the preceding 12 
     months, as measured by an independent digital ratings service 
     accredited by the Media Ratings Council (or its successor).
       ``(B) Exemption.--Such term shall not include any online 
     platform that is a distribution facility of any broadcasting 
     station or newspaper, magazine, blog, publication, or 
     periodical.
       ``(C) Qualified political advertisement.--For purposes of 
     this paragraph, the term `qualified political advertisement' 
     means any advertisement (including search engine marketing, 
     display advertisements, video advertisements, native 
     advertisements, and sponsorships) that--
       ``(i) is made by or on behalf of a candidate; or
       ``(ii) communicates a message relating to any political 
     matter of national importance, including--

       ``(I) a candidate;
       ``(II) any election to Federal office; or
       ``(III) a national legislative issue of public importance.

       ``(D) Third-party advertising vendor defined.--For purposes 
     of this paragraph, the term `third-party advertising vendor' 
     includes, but is not limited to, any third-party advertising 
     vendor network, advertising agency, advertiser, or third-
     party advertisement serving company that buys and sells 
     advertisement space on behalf of unaffiliated third-party 
     websites, search engines, digital applications, or social 
     media sites.
       ``(5) Covered foreign national.--
       ``(A) In general.--The term `covered foreign national' 
     means--
       ``(i) a foreign principal (as defined in section 1(b) of 
     the Foreign Agents Registration Act of 1938 (22 U.S.C. 
     611(b)) that is a government of a foreign country or a 
     foreign political party;
       ``(ii) any person who acts as an agent, representative, 
     employee, or servant, or any person who acts in any other 
     capacity at the order, request, or under the direction or 
     control, of a foreign principal described in clause (i) or of 
     a person any of whose activities are directly or indirectly 
     supervised, directed, controlled, financed, or subsidized in 
     whole or in major part by a foreign principal described in 
     clause (i); or
       ``(iii) any person included in the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury pursuant to authorities relating to the imposition 
     of sanctions relating to the conduct of a foreign principal 
     described in clause (i).
       ``(B) Clarification regarding application to citizens of 
     the united states.--In the case of a citizen of the United 
     States, clause (ii) of subparagraph (A) applies only to the 
     extent that the person involved acts within the scope of that 
     person's status as the agent of a foreign principal described 
     clause (i) of subparagraph (A).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to disbursements made on or after 
     the date of the enactment of this Act.

     SEC. 106. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL 
                   ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN 
                   NATIONALS.

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

     ``Sec. 612. Establishment of corporation to conceal election 
       contributions and donations by foreign nationals

       ``(a) Offense.--It shall be unlawful for an owner, officer, 
     attorney, or incorporation agent of a corporation, company, 
     or other entity to establish or use the corporation, company, 
     or other entity with the intent to conceal an activity of a 
     foreign national (as defined in section 319 of the Federal 
     Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited 
     under such section 319.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be imprisoned for not more than 5 years, fined under 
     this title, or both.''.
       (b) Table of Sections.--The table of sections for chapter 
     29 of title 18, United States Code, is amended by inserting 
     after the item relating to section 611 the following:

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

         TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

     SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

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

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

       ``(a) Disclosure Statement.--
       ``(1) In general.--Any covered organization that makes 
     campaign-related disbursements aggregating more than $10,000 
     in an election reporting cycle shall, not later than 24 hours 
     after each disclosure date, file a statement with the 
     Commission made under penalty of perjury that contains the 
     information described in paragraph (2)--
       ``(A) in the case of the first statement filed under this 
     subsection, for the period beginning on the first day of the 
     election reporting cycle (or, if earlier, the period 
     beginning one year before the first such disclosure date) and 
     ending on the first such disclosure date; and
       ``(B) in the case of any subsequent statement filed under 
     this subsection, for the period beginning on the previous 
     disclosure date and ending on such disclosure date.
       ``(2) Information described.--The information described in 
     this paragraph is as follows:
       ``(A) The name of the covered organization and the 
     principal place of business of such organization and, in the 
     case of a covered organization that is a corporation (other 
     than a business concern that is an issuer of a class of 
     securities registered under section 12 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78l) or that is required to 
     file reports under section 15(d) of that Act (15 U.S.C. 
     78o(d))) or an entity described in subsection (e)(2), a list 
     of the beneficial owners (as defined in paragraph (4)(A)) of 
     the entity that--
       ``(i) identifies each beneficial owner by name and current 
     residential or business street address; and
       ``(ii) if any beneficial owner exercises control over the 
     entity through another legal entity, such as a corporation, 
     partnership, limited liability company, or trust, identifies 
     each such other legal entity and each such beneficial owner 
     who will use that other entity to exercise control over the 
     entity.
       ``(B) The amount of each campaign-related disbursement made 
     by such organization during the period covered by the 
     statement of more than $1,000, and the name and address of 
     the person to whom the disbursement was made.
       ``(C) In the case of a campaign-related disbursement that 
     is not a covered transfer, the election to which the 
     campaign-related disbursement pertains and if the 
     disbursement is made for a public communication, the name of 
     any candidate identified in such

[[Page S5949]]

     communication and whether such communication is in support of 
     or in opposition to a candidate.
       ``(D) A certification by the chief executive officer or 
     person who is the head of the covered organization that the 
     campaign-related disbursement is not made in cooperation, 
     consultation, or concert with or at the request or suggestion 
     of a candidate, authorized committee, or agent of a 
     candidate, political party, or agent of a political party.
       ``(E)(i) If the covered organization makes campaign-related 
     disbursements using exclusively funds in a segregated bank 
     account consisting of funds that were paid directly to such 
     account by persons other than the covered organization that 
     controls the account, for each such payment to the account--
       ``(I) the name and address of each person who made such 
     payment during the period covered by the statement;
       ``(II) the date and amount of such payment; and
       ``(III) the aggregate amount of all such payments made by 
     the person during the period beginning on the first day of 
     the election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date,
     but only if such payment was made by a person who made 
     payments to the account in an aggregate amount of $10,000 or 
     more during the period beginning on the first day of the 
     election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date.
       ``(ii) In any calendar year after 2022, section 
     315(c)(1)(B) shall apply to the amount described in clause 
     (i) in the same manner as such section applies to the 
     limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amounts described in 
     subsection (b), the `base period' shall be calendar year 
     2022.
       ``(F)(i) If the covered organization makes campaign-related 
     disbursements using funds other than funds in a segregated 
     bank account described in subparagraph (E), for each payment 
     to the covered organization--
       ``(I) the name and address of each person who made such 
     payment during the period covered by the statement;
       ``(II) the date and amount of such payment; and
       ``(III) the aggregate amount of all such payments made by 
     the person during the period beginning on the first day of 
     the election reporting cycle (or, if earlier, the period 
     beginning one year before the disclosure date) and ending on 
     the disclosure date,
     but only if such payment was made by a person who made 
     payments to the covered organization in an aggregate amount 
     of $10,000 or more during the period beginning on the first 
     day of the election reporting cycle (or, if earlier, the 
     period beginning one year before the disclosure date) and 
     ending on the disclosure date.
       ``(ii) In any calendar year after 2022, section 
     315(c)(1)(B) shall apply to the amount described in clause 
     (i) in the same manner as such section applies to the 
     limitations established under subsections (a)(1)(A), 
     (a)(1)(B), (a)(3), and (h) of such section, except that for 
     purposes of applying such section to the amounts described in 
     subsection (b), the `base period' shall be calendar year 
     2022.
       ``(G) Such other information as required in rules 
     established by the Commission to promote the purposes of this 
     section.
       ``(3) Exceptions.--
       ``(A) Amounts received in ordinary course of business.--The 
     requirement to include in a statement filed under paragraph 
     (1) the information described in paragraph (2) shall not 
     apply to amounts received by the covered organization in 
     commercial transactions in the ordinary course of any trade 
     or business conducted by the covered organization or in the 
     form of investments (other than investments by the principal 
     shareholder in a limited liability corporation) in the 
     covered organization. For purposes of this subparagraph, 
     amounts received by a covered organization as remittances 
     from an employee to the employee's collective bargaining 
     representative shall be treated as amounts received in 
     commercial transactions in the ordinary course of the 
     business conducted by the covered organization.
       ``(B) Donor restriction on use of funds.--The requirement 
     to include in a statement submitted under paragraph (1) the 
     information described in subparagraph (F) of paragraph (2) 
     shall not apply if--
       ``(i) the person described in such subparagraph prohibited, 
     in writing, the use of the payment made by such person for 
     campaign-related disbursements; and
       ``(ii) the covered organization agreed to follow the 
     prohibition and deposited the payment in an account which is 
     segregated from any account used to make campaign-related 
     disbursements.
       ``(C) Threat of harassment or reprisal.--The requirement to 
     include any information relating to the name or address of 
     any person (other than a candidate) in a statement submitted 
     under paragraph (1) shall not apply if the inclusion of the 
     information would subject the person to serious threats, 
     harassment, or reprisals.
       ``(4) Other definitions.--For purposes of this section:
       ``(A) Beneficial owner defined.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `beneficial owner' means, with respect to any entity, a 
     natural person who, directly or indirectly--

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

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

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

       ``(iii) Anti-abuse rule.--The exceptions under clause (ii) 
     shall not apply if used for the purpose of evading, 
     circumventing, or abusing the provisions of clause (i) or 
     paragraph (2)(A).
       ``(B) Disclosure date.--The term `disclosure date' means--
       ``(i) the first date during any election reporting cycle by 
     which a person has made campaign-related disbursements 
     aggregating more than $10,000; and
       ``(ii) any other date during such election reporting cycle 
     by which a person has made campaign-related disbursements 
     aggregating more than $10,000 since the most recent 
     disclosure date for such election reporting cycle.
       ``(C) Election reporting cycle.--The term `election 
     reporting cycle' means the 2-year period beginning on the 
     date of the most recent general election for Federal office, 
     except that in the case of a campaign-related disbursement 
     for a Federal judicial nomination communication, such term 
     means any calendar year in which the campaign-related 
     disbursement is made.
       ``(D) Payment.--The term `payment' includes any 
     contribution, donation, transfer, payment of dues, or other 
     payment.
       ``(b) Coordination With Other Provisions.--
       ``(1) Other reports filed with the commission.--Information 
     included in a statement filed under this section may be 
     excluded from statements and reports filed under section 304.
       ``(2) Treatment as separate segregated fund.--A segregated 
     bank account referred to in subsection (a)(2)(E) may be 
     treated as a separate segregated fund for purposes of section 
     527(f)(3) of the Internal Revenue Code of 1986.
       ``(c) Filing.--Statements required to be filed under 
     subsection (a) shall be subject to the requirements of 
     section 304(d) to the same extent and in the same manner as 
     if such reports had been required under subsection (c) or (g) 
     of section 304.
       ``(d) Campaign-Related Disbursement Defined.--
       ``(1) In general.--In this section, the term `campaign-
     related disbursement' means a disbursement by a covered 
     organization for any of the following:
       ``(A) An independent expenditure which expressly advocates 
     the election or defeat of a clearly identified candidate for 
     election for Federal office, or is the functional equivalent 
     of express advocacy because, when taken as a whole, it can be 
     interpreted by a reasonable person only as advocating the 
     election or defeat of a candidate for election for Federal 
     office.
       ``(B) An applicable public communication.
       ``(C) An electioneering communication, as defined in 
     section 304(f)(3).
       ``(D) A Federal judicial nomination communication.
       ``(E) A covered transfer.
       ``(2) Applicable public communications.--
       ``(A) In general.--The term `applicable public 
     communication' means any public communication that refers to 
     a clearly identified candidate for election for Federal 
     office and which promotes or supports the election of a 
     candidate for that office, or attacks or opposes the election 
     of a candidate for that office, without regard to whether the 
     communication expressly advocates a vote for or against a 
     candidate for that office.
       ``(B) Exception.--Such term shall not include any news 
     story, commentary, or editorial distributed through the 
     facilities of any broadcasting station or any print, online, 
     or digital newspaper, magazine, publication, or periodical, 
     unless such facilities are owned or controlled by any 
     political party, political committee, or candidate.
       ``(3) Federal judicial nomination communication.--
       ``(A) In general.--The term `Federal judicial nomination 
     communication' means any communication--
       ``(i) that is by means of any broadcast, cable, or 
     satellite, paid internet, or paid digital communication, paid 
     promotion, newspaper, magazine, outdoor advertising facility, 
     mass mailing, telephone bank, telephone messaging effort of 
     more than 500 substantially similar calls or electronic 
     messages within a 30-day period, or any other form of general 
     public political advertising; and
       ``(ii) which promotes, supports, attacks, or opposes the 
     nomination or Senate confirmation of an individual as a 
     Federal judge or justice.
       ``(B) Exception.--Such term shall not include any news 
     story, commentary, or editorial distributed through the 
     facilities of

[[Page S5950]]

     any broadcasting station or any print, online, or digital 
     newspaper, magazine, publication, or periodical, unless such 
     facilities are owned or controlled by any political party, 
     political committee, or candidate.
       ``(4) Intent not required.--A disbursement for an item 
     described in subparagraph (A), (B), (C), (D), or (E) of 
     paragraph (1) shall be treated as a campaign-related 
     disbursement regardless of the intent of the person making 
     the disbursement.
       ``(e) Covered Organization Defined.--In this section, the 
     term `covered organization' means any of the following:
       ``(1) A corporation (other than an organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986).
       ``(2) A limited liability corporation that is not otherwise 
     treated as a corporation for purposes of this Act (other than 
     an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986).
       ``(3) An organization described in section 501(c) of such 
     Code and exempt from taxation under section 501(a) of such 
     Code (other than an organization described in section 
     501(c)(3) of such Code).
       ``(4) A labor organization (as defined in section 316(b)).
       ``(5) Any political organization under section 527 of the 
     Internal Revenue Code of 1986, other than a political 
     committee under this Act (except as provided in paragraph 
     (6)).
       ``(6) A political committee with an account that accepts 
     donations or contributions that do not comply with the 
     contribution limits or source prohibitions under this Act, 
     but only with respect to such accounts.
       ``(f) Covered Transfer Defined.--
       ``(1) In general.--In this section, the term `covered 
     transfer' means any transfer or payment of funds by a covered 
     organization to another person if the covered organization--
       ``(A) designates, requests, or suggests that the amounts be 
     used for--
       ``(i) campaign-related disbursements (other than covered 
     transfers); or
       ``(ii) making a transfer to another person for the purpose 
     of making or paying for such campaign-related disbursements;
       ``(B) made such transfer or payment in response to a 
     solicitation or other request for a donation or payment for--
       ``(i) the making of or paying for campaign-related 
     disbursements (other than covered transfers); or
       ``(ii) making a transfer to another person for the purpose 
     of making or paying for such campaign-related disbursements;
       ``(C) engaged in discussions with the recipient of the 
     transfer or payment regarding--
       ``(i) the making of or paying for campaign-related 
     disbursements (other than covered transfers); or
       ``(ii) donating or transferring any amount of such transfer 
     or payment to another person for the purpose of making or 
     paying for such campaign-related disbursements;
       ``(D) made campaign-related disbursements (other than a 
     covered transfer) in an aggregate amount of $50,000 or more 
     during the 2-year period ending on the date of the transfer 
     or payment, or knew or had reason to know that the person 
     receiving the transfer or payment made such disbursements in 
     such an aggregate amount during that 2-year period; or
       ``(E) knew or had reason to know that the person receiving 
     the transfer or payment would make campaign-related 
     disbursements in an aggregate amount of $50,000 or more 
     during the 2-year period beginning on the date of the 
     transfer or payment.
       ``(2) Exclusions.--The term `covered transfer' does not 
     include any of the following:
       ``(A) A disbursement made by a covered organization in a 
     commercial transaction in the ordinary course of any trade or 
     business conducted by the covered organization or in the form 
     of investments made by the covered organization.
       ``(B) A disbursement made by a covered organization if--
       ``(i) the covered organization prohibited, in writing, the 
     use of such disbursement for campaign-related disbursements; 
     and
       ``(ii) the recipient of the disbursement agreed to follow 
     the prohibition and deposited the disbursement in an account 
     which is segregated from any account used to make campaign-
     related disbursements.
       ``(3) Special rule regarding transfers among affiliates.--
       ``(A) Special rule.--A transfer of an amount by one covered 
     organization to another covered organization which is treated 
     as a transfer between affiliates under subparagraph (C) shall 
     be considered a covered transfer by the covered organization 
     which transfers the amount only if the aggregate amount 
     transferred during the year by such covered organization to 
     that same covered organization is equal to or greater than 
     $50,000.
       ``(B) Determination of amount of certain payments among 
     affiliates.--In determining the amount of a transfer between 
     affiliates for purposes of subparagraph (A), to the extent 
     that the transfer consists of funds attributable to dues, 
     fees, or assessments which are paid by individuals on a 
     regular, periodic basis in accordance with a per-individual 
     calculation which is made on a regular basis, the transfer 
     shall be attributed to the individuals paying the dues, fees, 
     or assessments and shall not be attributed to the covered 
     organization.
       ``(C) Description of transfers between affiliates.--A 
     transfer of amounts from one covered organization to another 
     covered organization shall be treated as a transfer between 
     affiliates if--
       ``(i) one of the organizations is an affiliate of the other 
     organization; or
       ``(ii) each of the organizations is an affiliate of the 
     same organization,
     except that the transfer shall not be treated as a transfer 
     between affiliates if one of the organizations is established 
     for the purpose of making campaign-related disbursements.
       ``(D) Determination of affiliate status.--For purposes of 
     subparagraph (C), a covered organization is an affiliate of 
     another covered organization if--
       ``(i) the governing instrument of the organization requires 
     it to be bound by decisions of the other organization;
       ``(ii) the governing board of the organization includes 
     persons who are specifically designated representatives of 
     the other organization or are members of the governing board, 
     officers, or paid executive staff members of the other 
     organization, or whose service on the governing board is 
     contingent upon the approval of the other organization; or
       ``(iii) the organization is chartered by the other 
     organization.
       ``(E) Coverage of transfers to affiliated section 501(c)(3) 
     organizations.--This paragraph shall apply with respect to an 
     amount transferred by a covered organization to an 
     organization described in paragraph (3) of section 501(c) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code in the same manner as this 
     paragraph applies to an amount transferred by a covered 
     organization to another covered organization.
       ``(g) No Effect on Other Reporting Requirements.--Nothing 
     in this section shall be construed to waive or otherwise 
     affect any other requirement of this Act which relates to the 
     reporting of campaign-related disbursements.''.
       (2) Conforming amendment.--Section 304(f)(6) of such Act 
     (52 U.S.C. 30104) is amended by striking ``Any requirement'' 
     and inserting ``Except as provided in section 324(b), any 
     requirement''.
       (b) Coordination With FinCEN.--
       (1) In general.--The Director of the Financial Crimes 
     Enforcement Network of the Department of the Treasury shall 
     provide the Federal Election Commission with such information 
     as necessary to assist in administering and enforcing section 
     324 of the Federal Election Campaign Act of 1971, as amended 
     by this section.
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Chairman of the Federal Election 
     Commission, in consultation with the Director of the 
     Financial Crimes Enforcement Network of the Department of the 
     Treasury, shall submit to Congress a report with 
     recommendations for providing further legislative authority 
     to assist in the administration and enforcement of such 
     section 324.

     SEC. 202. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS 
                   FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING 
                   OF COVERED TRANSFERS.

       Section 319(b)(2) of the Federal Election Campaign Act of 
     1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 102, 
     is amended--
       (1) by striking ``includes any disbursement'' and inserting 
     ``includes--
       ``(A) any disbursement'';
       (2) by striking the period at the end and inserting ``; 
     and'', and
       (3) by adding at the end the following new subparagraph:
       ``(B) any disbursement, other than a disbursement described 
     in section 324(a)(3)(A), to another person who made a 
     campaign-related disbursement consisting of a covered 
     transfer (as described in section 324) during the 2-year 
     period ending on the date of the disbursement.''.

     SEC. 203. EFFECTIVE DATE.

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

                TITLE III--OTHER ADMINISTRATIVE REFORMS

     SEC. 301. PETITION FOR CERTIORARI.

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

     SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN 
                   FINANCE LAWS.

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

     ``SEC. 407. JUDICIAL REVIEW.

       ``(a) In General.--If any action is brought for declaratory 
     or injunctive relief to challenge, whether facially or as-
     applied, the constitutionality or lawfulness of any provision 
     of this Act or of chapter 95 or 96 of the Internal Revenue 
     Code of 1986, or is brought to with respect to any action of 
     the Commission under chapter 95 or 96 of the Internal Revenue 
     Code of 1986, the following rules shall apply:
       ``(1) The action shall be filed in the United States 
     District Court for the District of Columbia and an appeal 
     from the decision of the district court may be taken to the 
     Court of Appeals for the District of Columbia Circuit.
       ``(2) In the case of an action relating to declaratory or 
     injunctive relief to challenge

[[Page S5951]]

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

     ``SEC. 9011. JUDICIAL REVIEW.

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

     ``SEC. 9041. JUDICIAL REVIEW.

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

                         TITLE IV--SEVERABILITY

     SEC. 401. SEVERABILITY.

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

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