[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.
____________________