[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Pages S8282-S8284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4701. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S8283]]

  


     SEC. __. REPORT ON 2020 GENERAL ELECTION.

       (a) Definitions.--For purposes of this section:
       (1) 2016 presidential election.--The term ``2016 
     Presidential election'' means the general election for 
     Federal office occurring in 2016.
       (2) 2020 presidential election.--The term ``2020 
     Presidential election'' means the general election for 
     Federal office occurring in 2020.
       (3) Applicable election security funds.--The term 
     ``applicable election security funds'' means the amount of 
     grant funding provided to the State by the Election 
     Assistance Commission--
       (A) from amounts appropriated under the heading ``Election 
     Assistance Commission, Election Security Grants'' in the 
     Financial Services and General Government Appropriations Act, 
     2020 (Public Law 116-93); or
       (B) from amounts appropriated under the heading ``Election 
     Assistance Commission, Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (4) State.--The term ``State'' has the meaning given such 
     term under section 901 of the Help America Vote Act of 2002 
     (52 U.S.C. 21141), except that such term shall include the 
     Commonwealth of the Northern Mariana Islands.
       (5) Unsolicited mail-in ballot.--The term ``unsolicited 
     mail-in ballot'' means any ballot sent to a voter by mail 
     if--
       (A) such ballot was not specifically requested by the 
     voter; or
       (B) the ballot request by the voter was initiated by the 
     mailing of a ballot application not specifically requested by 
     the voter.
       (6) Unsolicited mail-in ballot percentage.--The term 
     ``unsolicited mail-in ballot percentage'' means the number of 
     unsolicited mail-in ballots distributed in the State as a 
     percentage of the number of total ballots provided to voters 
     in the State.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress and make publicly available a report on 
     the 2020 Presidential election.
       (2) Matters included.--The report submitted under paragraph 
     (1) shall include the following with respect to each State: 
     that received applicable election security funds:
       (A) Unsolicited mail-in ballot percentage.--
       (i) In general.--An analysis of whether the unsolicited 
     mail-in ballot percentage for State for the 2020 Presidential 
     election was greater than the unsolicited mail-in ballot 
     percentage for the State for the 2016 Presidential election.
       (ii) Relevant authority for any increase.--If the 
     Comptroller General determines that the unsolicited mail-in 
     ballot percentage for the State for the 2020 Presidential 
     election was greater than the unsolicited mail-in ballot 
     percentage for the State for the 2016 Presidential election, 
     the Comptroller General shall provide a description of any 
     change in authority (including any statutory change relating 
     to the distribution of unsolicited mail-in ballots), action, 
     or directive concerning unsolicited mail-in ballots occurring 
     between the 2016 Presidential election and 2020 Presidential 
     election that may have led to such result.
       (B) Mail-in voter verification procedures.--
       (i) In general.--An analysis of whether there were changes 
     in the State's methods and processes used to verify the 
     identification of voters who vote using mail-in ballots, 
     including signature verification requirements, that applied 
     with respect to the 2020 Presidential election but did not 
     apply to the 2016 Presidential election.
       (ii) Relevant authority for changes.--If the Comptroller 
     General determines that there were changes in the State's 
     mail-in voter verification procedures described in clause 
     (i), the Comptroller General shall provide a description of 
     any authority (including any statutory authority), action, or 
     directive that led to such change.
       (C) Other election procedures.--
       (i) In general.--An analysis of whether the State 
     materially altered or changed its election procedures for the 
     2020 Presidential election (other than procedures described 
     in subparagraph (B)) from the procedures in effect for the 
     2016 Presidential election.
       (ii) Relevant authority for changes.--If the Comptroller 
     General determines that there were changes in the election 
     procedures described in clause (i), the Comptroller General 
     shall provide a description of any authority (including any 
     statutory authority), action, or directive that led to such 
     change.
       (D) Mail-in ballot collection.--
       (i) In general.--An analysis of whether there were 
     specific, documented allegations of a person other than a 
     voter or a voter's family member or caregiver collecting or 
     returning the voter's completed ballot in the 2020 
     Presidential election.
       (ii) Relevant authority for collection.--If the Comptroller 
     General determines that there were specific, documented 
     allegations described in clause (i), the Comptroller General 
     shall provide a description of any authority (including any 
     statutory authority), action, or directive permitting such 
     collection or return.
       (E) Observation of ballot counting.--An analysis of whether 
     the State has a statute providing for third-party observation 
     of ballot counting, and if so, whether there were specific, 
     documented instances in connection with the 2020 Presidential 
     election in which the State is alleged to have failed to 
     comply with such statute.
       (F) Failure to enforce.--An analysis of whether there were 
     specific, documented instances in connection with the 2020 
     Presidential election in which the State allegedly failed to 
     enforce one or more of its election statutes (other than a 
     statute described in subparagraph (E)).
       (G) Use of applicable election security funds.--In the case 
     of a State that received applicable election security funds, 
     an analysis of--
       (i) whether such funds were used to make expenditures with 
     respect to the 2020 Presidential election;
       (ii) whether such funds were used in connection with any 
     activity carried out pursuant to an authority, action, or 
     directive described in subparagraph (A)(ii), (B)(ii), 
     (C)(ii), or (D)(ii); and
       (iii) whether the State complied with all statutory and 
     other conditions imposed in connection with the receipt of 
     such funds.
       (H) Subsequent state actions.--A description of any of the 
     following actions taken by the State legislature:
       (i) The passage of a resolution expressing an opinion on, 
     or the submission to Congress or the Comptroller General of a 
     communication relating to, the items described in 
     subparagraphs (A) through (G).
       (ii) The enactment, after the completion of the 2020 
     Presidential election, of legislation regarding any 
     authority, action, or directive described in subparagraph 
     (A)(ii), (B)(ii), (C)(ii), or (D)(ii) or any failure 
     described in subparagraph (E) or (F).

     SEC. __. TEMPORARY SUSPENSION OF, AND REQUIREMENTS FOR, 
                   FUTURE ELECTION ASSISTANCE GRANTS.

       (a) In General.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by 
     adding at the end the following new part:

             ``PART 7--REQUIREMENTS FOR ELECTION ASSISTANCE

     ``SEC. 297. SUSPENSION OF ELECTION ASSISTANCE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, no grant may be awarded under this Act before July 1, 
     2022.
       ``(b) Suspension of Previous Grants.--No State may expend 
     Federal funds provided under this Act before the date of the 
     enactment of this section before July 1, 2022.

     ``SEC. 298. REQUIREMENTS FOR FUTURE ELECTION ASSISTANCE.

       ``(a) In General.--Notwithstanding any other provision of 
     law, no State may receive any grant awarded under this Act 
     after the date of the enactment of this section unless the 
     State has certified by resolution adopted by the State 
     legislature, as a condition of receiving the grant, that it 
     is in compliance with the requirements of subsection (b).
       ``(b) Requirements.--
       ``(1) In general.--A State satisfies the requirements of 
     this section if, in connection with any election for Federal 
     office--
       ``(A) the methods and processes used by the State to verify 
     the identification of voters who vote using mail-in ballots 
     are specifically set forth in statute;
       ``(B) except as specifically provided by statute--
       ``(i) the State does not use unsolicited mail-in balloting; 
     and
       ``(ii) the State does not permit persons other than the 
     voter or the voter's family members or caregivers to return a 
     voter's completed ballot;
       ``(C) for any election after the last day that the public 
     health emergency declared by the Secretary of Health and 
     Human Services under section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) on January 31, 2020, with respect to 
     COVID-19, is in effect, the State uses all voting procedures 
     in place as of January 1, 2020 (except as modified by State 
     statutes applying to elections after such date);
       ``(D) in the case of State that has a law providing for 
     third-party observation of ballot counting, such ballot 
     observation law is strictly followed in all instances;
       ``(E) the State complies with all requirements under title 
     III; and
       ``(F) the State has taken documented, affirmative measures 
     to address--
       ``(i) any prior failure to satisfy the requirements of 
     subparagraphs (A) through (E) that is identified by the State 
     legislature in a resolution (or other similar communication 
     submitted to Congress and the Comptroller General); or
       ``(ii) any prior specific, documented instance in which the 
     State--

       ``(I) failed to enforce one or more of its election 
     statutes; or
       ``(II) materially altered or changed its election 
     procedures without a corresponding state statutory enactment.

       ``(2) Unsolicited mail-in balloting.--For purposes of 
     paragraph (1)(B), the term `unsolicited mail-in balloting' 
     means the process of sending ballots to a voter by mail if--
       ``(A) such ballot was not specifically requested by the 
     voter; or
       ``(B) the ballot request by the voter was initiated by the 
     mailing of a ballot application not specifically requested by 
     the voter.

                 ``PART 8--PROHIBITION ON USE OF FUNDS

     ``SEC. 299. PROHIBITION ON USE OF FUNDS.

       ``Notwithstanding any other provision of law, any amounts 
     provided under this Act

[[Page S8284]]

     shall not be used in furtherance of any election procedure 
     that is not expressly set forth in a statute enacted by the 
     State legislature.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Help America Vote Act of 2002 is amended by 
     inserting after the item relating to section 296 the 
     following:

             ``Part 7--Requirements for Election Assistance

``Sec. 297. Suspension of election assistance.
``Sec. 298. Requirements for future election assistance.

                 ``Part 8--Prohibition on Use of Funds

``Sec. 299. Prohibition on use of funds.''.
                                 ______