Congressional Record, Volume 168 Issue 9 (Thursday, January 13, 2022)

[Congressional Record Volume 168, Number 9 (Thursday, January 13, 2022)]
[House]
[Pages H83-H175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NASA ENHANCED USE LEASING EXTENSION ACT OF 2021

Mr. BUTTERFIELD. Mr. Speaker, pursuant to House Resolution 868, I
call up the bill (H.R. 5746) to amend title 51, United States Code, to
extend the authority of the National Aeronautics and Space
Administration to enter into leases of non-excess property of the
Administration, with the Senate amendment thereto.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Carter of Louisiana). The Clerk will
designate the Senate amendment.
Senate amendment:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``NASA Enhanced Use Leasing
Extension Act of 2021''.

SEC. 2. FINDINGS.

Congress find the following:
(1) NASA uses enhanced use leasing to enter into agreements
with private sector entities, State and local governments,
academic institutions, and other Federal agencies for lease
of non-excess, underutilized NASA properties and facilities.
(2) NASA uses enhanced use leasing authority to support
responsible management of its real property, including to
improve the use of underutilized property for activities that
are compatible with NASA's mission and to reduce facility
operating and maintenance costs.
(3) In fiscal year 2019, under its enhanced use lease
authority, NASA leased 65 real properties.
(4) In fiscal year 2019, NASA's use of enhanced use leasing
resulted in the collection of $10,843,025.77 in net revenue.
(5) In fiscal year 2019, NASA used a portion of its
enhanced use leasing revenues for repairs of facility control
systems such as lighting and heating, ventilation, and air
conditioning.
(6) NASA's use of enhanced use leasing authority can
contribute to reducing the rate of increase of the Agency's
overall deferred maintenance cost.

SEC. 3. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
EXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.

Section 20145(g) of title 51, United States Code, is
amended by striking ``December 31, 2021'' and inserting
``March 31, 2022''.

SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

Motion to Concur

Mr. BUTTERFIELD. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:

Mr. Butterfield of North Carolina moves that the House
concur in the Senate amendment to H.R. 5746 with an amendment
consisting of the text of Rules Committee Print 117-28.
The text of the House amendment to the Senate amendment to the text
is as follows:

In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Freedom to Vote: John R.
Lewis Act''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into divisions as
follows:
(1) Division A--Voter Access.
(2) Division B--Election Integrity.
(3) Division C--Civic Participation and Empowerment.
(4) Division D--Voting Rights.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
Sec. 5. Severability.

DIVISION A--VOTER ACCESS

TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

Sec. 1000. Short title; statement of policy.

Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.

Part 1--Automatic Voter Registration

Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.

Part 2--Election Day as Legal Public Holiday

Sec. 1011. Election day as legal public holiday.

Part 3--Promoting Internet Registration

Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more
than last 4 digits of social security number.
Sec. 1026. Application of rules to certain exempt States.

[[Page H84]]

Sec. 1027. Report on data collection relating to online voter
registration systems.
Sec. 1028. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1029. Effective date.

Part 4--Same Day Voter Registration

Sec. 1031. Same day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.

Part 5--Streamline Voter Registration Information, Access, and Privacy

Sec. 1041. Authorizing the dissemination of voter registration
information displays following naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain
leases and vouchers for federally assisted rental housing
and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 1044. Requiring states to establish and operate voter privacy
programs.

Part 6--Funding Support to States for Compliance

Sec. 1051. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.

Subtitle B--Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with
disabilities.
Sec. 1102. Establishment and maintenance of State accessible election
websites.
Sec. 1103. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Sec. 1106. Funding for protection and advocacy systems.
Sec. 1107. Pilot programs for enabling individuals with disabilities to
register to vote privately and independently at
residences.
Sec. 1108. GAO analysis and report on voting access for individuals
with disabilities.

Subtitle C--Early Voting

Sec. 1201. Early voting.

Subtitle D--Voting by Mail

Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted
ballots in elections for Federal office.

Subtitle E--Absent Uniformed Services Voters and Overseas Voters

Sec. 1401. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent
elections.
Sec. 1405. Extending guarantee of residency for voting purposes to
family members of absent military personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas
Voter Empowerment Act amendments related to the Federal
write-in absentee ballot.
Sec. 1407. Treatment of post card registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.

Subtitle F--Enhancement of Enforcement

Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.

Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements

Part 1--Promoting Voter Access

Sec. 1601. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1602. Applicability to Commonwealth of the Northern Mariana
Islands.
Sec. 1603. Elimination of 14-day time period between general election
and runoff election for Federal elections in the Virgin
Islands and Guam.
Sec. 1604. Application of Federal election administration laws to
territories of the United States.
Sec. 1605. Application of Federal voter protection laws to territories
of the United States.
Sec. 1606. Ensuring equitable and efficient operation of polling
places.
Sec. 1607. Prohibiting States from restricting curbside voting.

Part 2--Improvements in Operation of Election Assistance Commission

Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.

Part 3--Miscellaneous Provisions

Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter
registration.
Sec. 1624. Clarification of exemption for States which do not collect
telephone information.

Subtitle H--Democracy Restoration

Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.

Subtitle I--Voter Identification and Allowable Alternatives

Sec. 1801. Requirements for voter identification.

Subtitle J--Voter List Maintenance Procedures

Part 1--Voter Caging Prohibited

Sec. 1901. Voter caging prohibited.

Part 2--Saving Eligible Voters From Voter Purging

Sec. 1911. Conditions for removal of voters from list of registered
voters.

Subtitle K--Severability

Sec. 1921. Severability.

DIVISION B--ELECTION INTEGRITY

TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 2001. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 2002. Establishment of best practices.

TITLE III--PREVENTING ELECTION SUBVERSION

Subtitle A--Restrictions on Removal of Election Administrators

Sec. 3001. Restrictions on removal of local election administrators in
administration of elections for Federal office.

Subtitle B--Increased Protections for Election Workers

Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.

Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation

Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvass, and
certification efforts a crime.

Subtitle D--Protection of Election Records & Election Infrastructure

Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.

Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation

Part 1--Right to Vote Act

Sec. 3401. Short title.
Sec. 3402. Undue burdens on the ability to vote in elections for
Federal office prohibited.
Sec. 3403. Judicial review.
Sec. 3404. Definitions.
Sec. 3405. Rules of construction.
Sec. 3406. Severability.
Sec. 3407. Effective date.

Part 2--Clarifying Jurisdiction Over Election Disputes

Sec. 3411. Findings.
Sec. 3412. Clarifying authority of United States district courts to
hear cases.
Sec. 3413. Effective date.

Subtitle F--Poll Worker Recruitment and Training

Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.

Subtitle G--Preventing Poll Observer Interference

Sec. 3601. Protections for voters on Election Day.

Subtitle H--Preventing Restrictions on Food and Beverages

Sec. 3701. Short title; findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages
at polling stations.

Subtitle I--Establishing Duty to Report Foreign Election Interference

Sec. 3801. Findings relating to illicit money undermining our
democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance
system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.

Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot

Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.

[[Page H85]]

Sec. 3903. Accessibility and ballot verification for individuals with
disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.

Subtitle K--Provisional Ballots

Sec. 3911. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.

TITLE IV--VOTING SYSTEM SECURITY

Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and
remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Use of political party headquarters building fund for
technology or cybersecurity-related purposes.
Sec. 4007. Severability.

DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT

TITLE V--NONPARTISAN REDISTRICTING REFORM

Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.

TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

Subtitle A--DISCLOSE Act

Sec. 6001. Short title.
Sec. 6002. Findings.

Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections

Sec. 6003. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 6004. Study and report on illicit foreign money in Federal
elections.
Sec. 6005. Prohibition on contributions and donations by foreign
nationals in connection with ballot initiatives and
referenda.
Sec. 6006. Disbursements and activities subject to foreign money ban.
Sec. 6007. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign nationals.

Part 2--Reporting of Campaign-Related Disbursements

Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered
transfers.
Sec. 6015. Effective date.

Part 3--Other Administrative Reforms

Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
Sec. 6023. Effective date.

Subtitle B--Honest Ads

Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online
communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
Sec. 6110. Requiring online platforms to display notices identifying
sponsors of political advertisements and to ensure
notices continue to be present when advertisements are
shared.

Subtitle C--Spotlight Act

Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of
certain organizations.

TITLE VII--CAMPAIGN FINANCE OVERSIGHT

Subtitle A--Stopping Super PAC-Candidate Coordination

Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as
contributions to candidates.

Subtitle B--Restoring Integrity to America's Elections

Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Official exercising the responsibilities of the general
counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under
the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.

Subtitle C--Imposition of Fee for Reports Filed by Paper

Sec. 7201. Imposition of fee for reports filed by paper.

TITLE VIII--CITIZEN EMPOWERMENT

Subtitle A--Funding to Promote Democracy

Part 1--Payments and Allocations to States

Sec. 8001. Democracy Advancement and Innovation Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in
elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of Democracy Advancement and Innovation.

Part 2--State Election Assistance and Innovation Trust Fund

Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.
Sec. 8013. Assessments against fines and penalties.

Part 3--General Provisions

Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.

Subtitle B--Elections for House of Representatives

Sec. 8101. Short title.

Part 1--Optional Democracy Credit Program

Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.

Part 2--Optional Small Dollar Financing of Elections for House of
Representatives

Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating
candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 8114. Deadline for regulations.

Subtitle C--Personal Use Services as Authorized Campaign Expenditures

Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.

Subtitle D--Empowering Small Dollar Donations

Sec. 8301. Permitting political party committees to provide enhanced
support for House candidates through use of separate
small dollar accounts.

Subtitle E--Severability

Sec. 8401. Severability.

DIVISION D--VOTING RIGHTS

TITLE IX--VOTING RIGHTS

Sec. 9000. Short title.

Subtitle A--Amendments to the Voting Rights Act

Sec. 9001. Vote dilution, denial, and abridgment claims.
Sec. 9002. Retrogression.
Sec. 9003. Violations triggering authority of court to retain
jurisdiction.
Sec. 9004. Criteria for coverage of States and political subdivisions.
Sec. 9005. Determination of States and Political Subdivisions Subject
to Preclearance for Covered Practices.
Sec. 9006. Promoting transparency to enforce the Voting Rights Act.
Sec. 9007. Authority to assign observers.
Sec. 9008. Clarification of authority to seek relief.
Sec. 9009. Preventive relief.
Sec. 9010. Bilingual election requirements.
Sec. 9011. Relief for violations of voting rights laws.
Sec. 9012. Protection of tabulated votes.
Sec. 9013. Enforcement of Voting Rights by Attorney General.
Sec. 9014. Definitions.
Sec. 9015. Attorneys' fees.
Sec. 9016. Other technical and conforming amendments.
Sec. 9017. Severability.
Sec. 9018. Grants to assist with notice requirements under the Voting
Rights Act of 1965.

Subtitle B--Election Worker and Polling Place Protection

Sec. 9101. Short title.
Sec. 9102. Election worker and polling place protection.

Subtitle C--Native American Voting Rights Act

Sec. 9201. Short title.

[[Page H86]]

Sec. 9202. Findings and purposes.
Sec. 9203. Definitions.
Sec. 9204. Establishment of a Native American voting task force grant
program.
Sec. 9205. Voter registration sites at Indian service providers and on
Indian lands.
Sec. 9206. Accessible Tribal designated polling sites.
Sec. 9207. Procedures for removal of polling places and voter
registration sites on Indian lands.
Sec. 9208. Tribal voter identification.
Sec. 9209. Permitting voters To designate other person to return
ballot.
Sec. 9210. Bilingual election requirements.
Sec. 9211. Federal observers to protect Tribal voting rights.
Sec. 9212. Tribal jurisdiction.
Sec. 9213. Tribal voting consultation.
Sec. 9214. Attorneys' fees, expert fees, and litigation expenses.
Sec. 9215. GAO study and report.
Sec. 9216. United States Postal Service consultation.
Sec. 9217. Severability; relationship to other laws; Tribal sovereign
immunity.
Sec. 9218. Authorization of appropriations.

SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.

Congress finds that the Constitution of the United States
grants explicit and broad authority to protect the right to
vote, to regulate elections for Federal office, to prevent
and remedy discrimination in voting, and to defend the
Nation's democratic process. Congress enacts the Freedom to
Vote: John R. Lewis Act pursuant to this broad authority,
including but not limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section
4, clause 1. The Supreme Court has affirmed that the
``substantive scope'' of the Elections Clause is ``broad'';
that ``Times, Places, and Manner'' are ``comprehensive words
which embrace authority to provide for a complete code for
congressional elections''; and ``[t]he power of Congress over
the Times, Places and Manner of congressional elections is
paramount, and may be exercised at any time, and to any
extent which it deems expedient; and so far as it is
exercised, and no farther, the regulations effected supersede
those of the State which are inconsistent therewith''.
Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9
(2013) (internal quotation marks and citations omitted).
Indeed, ``Congress has plenary and paramount jurisdiction
over the whole subject'' of congressional elections, Ex parte
Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power
``may be exercised as and when Congress sees fit'', and ``so
far as it extends and conflicts with the regulations of the
State, necessarily supersedes them''. Id. at 384. Among other
things, Congress finds that the Elections Clause was intended
to ``vindicate the people's right to equality of
representation in the House''. Wesberry v. Sanders, 376 U.S.
1, 16 (1964), and to address partisan gerrymandering, Rucho
v. Common Cause, 139 S. Ct. 2484 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United
States, to fulfill the promise of article IV, section 4, of
the Constitution, which states: ``The United States shall
guarantee to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is clear given
that Federal courts have not enforced this clause because
they understood that its enforcement is committed to Congress
by the Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to
legislate to enforce the provisions of the Fourteenth
Amendment, including its protections of the right to vote and
the democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd.
of Election v. Socialist Workers Party, 440 U.S. 173, 184
(1979); see United States v. Classic, 313 U.S. 299 (1941)
(``Obviously included within the right to choose, secured by
the Constitution, is the right of qualified voters within a
State to cast their ballots and have them counted . . .'').
As the Supreme Court has repeatedly affirmed, the right to
vote is ``preservative of all rights'', Yick Wo v. Hopkins,
118 U.S. 356, 370 (1886). Section 2 of the Fourteenth
Amendment also protects the right to vote, granting Congress
additional authority to reduce a State's representation in
Congress when the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively
onerous voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a
citizen's vote just as effectively as by wholly prohibiting
the free exercise of the franchise''. Reynolds v. Sims, 377
U.S. 533, 555 (1964). Congress finds that the right of
suffrage has been so diluted and debased by means of
gerrymandering of districts. Congress finds that it has
authority pursuant to section 5 of the Fourteenth Amendment
to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and
the democratic process pursuant to both section 5 of the
Fourteenth Amendment, which grants equal protection of the
laws, and section 2 of the Fifteenth Amendment, which
explicitly bars denial or abridgment of the right to vote on
account of race, color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting
restrictions, redistricting, and other electoral practices
and processes continue to disproportionately impact
communities of color in the United States and do so as a
result of both intentional racial discrimination, structural
racism, and the ongoing structural socioeconomic effects of
historical racial discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face
intimidation at the polls, are more likely to be
disenfranchised by voter purges, and are disproportionately
burdened by excessively onerous voter identification and
other voter restrictions. Research shows that communities of
color are more likely to face nearly every barrier to voting
than their white counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2020, according to the Sentencing
Project, an estimated 5,200,000 Americans could not vote due
to a felony conviction. One in 16 African Americans of voting
age is disenfranchised, a rate 3.7 times greater than that of
non-African Americans. In seven States--Alabama, Florida,
Kentucky, Mississippi, Tennessee, Virginia, and Wyoming--more
than one in seven African Americans is disenfranchised, twice
the national average for African Americans. Congress finds
that felony disenfranchisement was one of the tools of
intentional racial discrimination during the Jim Crow era.
Congress further finds that current racial disparities in
felony disenfranchisement are linked to this history of voter
suppression, structural racism in the criminal justice
system, and ongoing effects of historical discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on
account of sex, age, or ability to pay a poll tax or other
tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions and other restrictions to the franchise burden
voters on account of their ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses,
age restrictions on mail voting, and similar practices burden
the right to vote on account of age.

SEC. 4. STANDARDS FOR JUDICIAL REVIEW.

(a) In General.--For any action brought for declaratory or
injunctive relief to challenge, whether facially or as-
applied, the constitutionality or lawfulness of any provision
of this Act or any amendment made by this Act or any rule or
regulation promulgated under this Act, the following rules
shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit. These courts,
and the Supreme Court of the United States on a writ of
certiorari (if such writ is issued), shall have exclusive
jurisdiction to hear such actions.
(2) The party filing the action shall concurrently deliver
a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals
for the District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
(b) Clarifying Scope of Jurisdiction.--If an action at the
time of its commencement is not subject to subsection (a),
but an amendment, counterclaim, cross-claim, affirmative
defense, or any other pleading or motion is filed
challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or any amendment
made by this Act or any rule or regulation promulgated under
this Act, the district court shall transfer the action to the
District Court for the District of Columbia, and the action
shall thereafter be conducted pursuant to subsection (a).
(c) Intervention by Members of Congress.--In any action
described in subsection (a), any Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) or Senate shall have the right
to intervene either in support of or opposition to the
position of a party to the case regarding the
constitutionality of the provision. To avoid duplication of
efforts and reduce the burdens placed on the parties to the
action, the court in any such action may make such orders as
it considers necessary, including orders to require
interveners taking similar positions to file joint papers or
to be represented by a single attorney at oral argument.

SEC. 5. SEVERABILITY.

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

DIVISION A--VOTER ACCESS

TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.

(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2021''.

[[Page H87]]

(b) Statement of Policy.--It is the policy of the United
States that--
(1) the ability of all eligible citizens of the United
States to access and exercise their constitutional right to
vote in a free, fair, and timely manner must be vigilantly
enhanced, protected, and maintained; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.

Subtitle A--Voter Registration Modernization

SEC. 1000A. SHORT TITLE.

This subtitle may be cited as the ``Voter Registration
Modernization Act of 2021''.

PART 1--AUTOMATIC VOTER REGISTRATION

SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.

(a) Short Title.--This part may be cited as the ``Automatic
Voter Registration Act of 2021''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of citizens of
the United States;
(B) it is the responsibility of the State and Federal
Governments to ensure that every eligible citizen is
registered to vote;
(C) existing voter registration systems can be inaccurate,
costly, inaccessible and confusing, with damaging effects on
voter participation in elections for Federal office and
disproportionate impacts on young people, persons with
disabilities, and racial and ethnic minorities; and
(D) voter registration systems must be updated with 21st
Century technologies and procedures to maintain their
security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government to ensure that all eligible citizens are
registered to vote in elections for Federal office;
(B) to enable the State Governments to register all
eligible citizens to vote with accurate, cost-efficient, and
up-to-date procedures;
(C) to modernize voter registration and list maintenance
procedures with electronic and internet capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process for
all eligible citizens.

SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

(a) In General.--The National Voter Registration Act of
1993 (52 U.S.C. 20504) is amended by inserting after section
5 the following new section:

``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE
AUTHORITY.

``(a) Definitions.--In this section--
``(1) Applicable agency.--The term `applicable agency'
means, with respect to a State, the State motor vehicle
authority responsible for motor vehicle driver's licenses
under State law.
``(2) Applicable transaction.--The term `applicable
transaction' means--
``(A) an application to an applicable agency for a motor
vehicle driver's license; and
``(B) any other service or assistance (including for a
change of address) provided by an applicable agency.
``(3) Automatic registration.--The term `automatic
registration' means a system that registers an individual to
vote and updates existing registrations, in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
the applicable agency to election officials of the State so
that, unless the individual affirmatively declines to be
registered or to update any voter registration, the
individual will be registered to vote in such elections.
``(4) Eligible individual.--The term `eligible individual'
means, with respect to an election for Federal office, an
individual who is otherwise qualified to vote in that
election.
``(5) Register to vote.--The term `register to vote'
includes updating an individual's existing voter
registration.
``(b) Establishment.--
``(1) In general.--The chief State election official of
each State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this section.
``(2) Registration of voters based on new agency records.--
``(A) In general.--The chief State election official
shall--
``(i) subject to subparagraph (B), ensure that each
eligible individual who completes an applicable transaction
and does not decline to register to vote is registered to
vote--

``(I) in the next upcoming election for Federal office (and
subsequent elections for Federal office), if an applicable
agency transmits information under subsection (c)(1)(E) with
respect to the individual not later than the applicable date;
and
``(II) in subsequent elections for Federal office, if an
applicable agency transmits such information with respect to
such individual after the applicable date; and

``(ii) not later than 60 days after the receipt of such
information with respect to an individual, send written
notice to the individual, in addition to other means of
notice established by this part, of the individual's voter
registration status.
``(B) Applicable date.--For purposes of this subsection,
the term ``applicable date'' means, with respect to any
election for Federal office, the later of--
``(i) the date that is 28 days before the date of the
election; or
``(ii) the last day of the period provided by State law for
registration with respect to such election.
``(C) Clarification.--Nothing in this subsection shall
prevent the chief State election official from registering an
eligible individual to vote for the next upcoming election
for Federal office in the State even if an applicable agency
transmits information under subsection (c)(1)(E) with respect
to the individual after the applicable date.
``(3) Treatment of individuals under 18 years of age.--A
State may not refuse to treat an individual as an eligible
individual for purposes of this section on the grounds that
the individual is less than 18 years of age at the time an
applicable agency receives information with respect to the
individual, so long as the individual is at least 16 years of
age at such time. Nothing in the previous sentence may be
construed to require a State to permit an individual who is
under 18 years of age at the time of an election for Federal
office to vote in the election.
``(c) Applicable Agency Responsibilities.--
``(1) Instructions on automatic registration for agencies
collecting citizenship information.--
``(A) In general.--Except as otherwise provided in this
section, in the case of any applicable transaction for which
an applicable agency (in the normal course of its operations)
requests individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance or enrollment), the applicable agency
shall inform each such individual who is a citizen of the
United States of the following:
``(i) Unless that individual declines to register to vote,
or is found ineligible to vote, the individual will be
registered to vote or, if applicable, the individual's
registration will be updated.
``(ii) The substantive qualifications of an elector in the
State as listed in the mail voter registration application
form for elections for Federal office prescribed pursuant to
section 9, the consequences of false registration, and how
the individual should decline to register if the individual
does not meet all those qualifications.
``(iii) In the case of a State in which affiliation or
enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, the requirement that the
individual must affiliate or enroll with a political party in
order to participate in such an election.
``(iv) Voter registration is voluntary, and neither
registering nor declining to register to vote will in any way
affect the availability of services or benefits, nor be used
for other purposes.
``(B) Individuals with limited english proficiency.--In the
case where the individual is a member of a group that
constitutes 3 percent or more of the overall population
within the State served by the applicable agency as measured
by the United States Census and are limited English
proficient, the information described in clauses (i) through
(iv) of subparagraph (A) shall be provided in a language
understood by the individual.
``(C) Clarification on procedures for ineligible voters.--
An applicable agency shall not provide an individual who did
not affirm United States citizenship, or for whom the agency
has conclusive documentary evidence obtained through its
normal course of operations that the individual is not a
United State citizen, the opportunity to register to vote
under subparagraph (A).
``(D) Opportunity to decline registration required.--Except
as otherwise provided in this section, each applicable agency
shall ensure that each applicable transaction described in
subparagraph (A) with an eligible individual cannot be
completed until the individual is given the opportunity to
decline to be registered to vote. In the case where the
individual is a member of a group that constitutes 3 percent
or more of the overall population within the State served by
the applicable agency as measured by the United States Census
and are limited English proficient, such opportunity shall be
given in a language understood by the individual.
``(E) Information transmittal.--Not later than 10 days
after an applicable transaction with an eligible individual,
if the individual did not decline to be registered to vote,
the applicable agency shall electronically transmit to the
appropriate State election official the following information
with respect to the individual:
``(i) The individual's given name(s) and surname(s).
``(ii) The individual's date of birth.
``(iii) The individual's residential address.
``(iv) Information showing that the individual is a citizen
of the United States.
``(v) The date on which information pertaining to that
individual was collected or last updated.
``(vi) If available, the individual's signature in
electronic form.
``(vii) In the case of a State in which affiliation or
enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, information regarding the
individual's affiliation or enrollment with a political
party, but only if the individual provides such information.
``(viii) Any additional information listed in the mail
voter registration application form for elections for Federal
office prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, including any valid driver's
license number or the last 4 digits of the individual's
social security number, if the individual provided such
information.
``(F) Provision of information regarding participation in
primary elections.--In the case of a State in which
affiliation or enrollment with a political party is required
in order to participate in an election to select the party's
candidate in an election for Federal office, if the
information transmitted under paragraph

[[Page H88]]

(E) with respect to an individual does not include
information regarding the individual's affiliation or
enrollment with a political party, the chief State election
official shall--
``(i) notify the individual that such affiliation or
enrollment is required to participate in primary elections;
and
``(ii) provide an opportunity for the individual to update
their registration with a party affiliation or enrollment.
``(G) Clarification.--Nothing in this section shall be read
to require an applicable agency to transmit to an election
official the information described in subparagraph (E) for an
individual who is ineligible to vote in elections for Federal
office in the State, except to the extent required to pre-
register citizens between 16 and 18 years of age.
``(2) Alternate procedure for certain other applicable
agencies.--With each applicable transaction for which an
applicable agency in the normal course of its operations does
not request individuals to affirm United States citizenship
(either directly or as part of the overall application for
service or assistance), the applicable agency shall--
``(A) complete the requirements of section 5;
``(B) ensure that each applicant's transaction with the
agency cannot be completed until the applicant has indicated
whether the applicant wishes to register to vote or declines
to register to vote in elections for Federal office held in
the State; and
``(C) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (c)(1)(E), unless the agency has conclusive
documentary evidence obtained through its normal course of
operations that the individual is not a United States
citizen.
``(3) Required availability of automatic registration
opportunity with each application for service or
assistance.--Each applicable agency shall offer each eligible
individual, with each applicable transaction, the opportunity
to register to vote as prescribed by this section without
regard to whether the individual previously declined a
registration opportunity.
``(d) Voter Protection.--
``(1) Applicable agencies' protection of information.--
Nothing in this section authorizes an applicable agency to
collect, retain, transmit, or publicly disclose any of the
following, except as necessary to comply with title III of
the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
``(A) An individual's decision to decline to register to
vote or not to register to vote.
``(B) An individual's decision not to affirm his or her
citizenship.
``(C) Any information that an applicable agency transmits
pursuant to subsection (c)(1)(E), except in pursuing the
agency's ordinary course of business.
``(2) Election officials' protection of information.--
``(A) Public disclosure prohibited.--
``(i) In general.--Subject to clause (ii), with respect to
any individual for whom any State election official receives
information from an applicable agency, the State election
officials shall not publicly disclose any of the following:

``(I) Any information not necessary to voter registration.
``(II) Any voter information otherwise shielded from
disclosure under State law or section 8(a).
``(III) Any portion of the individual's social security
number.
``(IV) Any portion of the individual's motor vehicle
driver's license number.
``(V) The individual's signature.
``(VI) The individual's telephone number.
``(VII) The individual's email address.

``(ii) Special rule for individuals registered to vote.--
The prohibition on public disclosure in clause (i) shall not
apply with respect to the telephone number or email address
of any individual for whom any State election official
receives information from the applicable agency and who, on
the basis of such information, is registered to vote in the
State under this section.
``(e) Miscellaneous Provisions.--
``(1) Accessibility of registration services.--Each
applicable agency shall ensure that the services it provides
under this section are made available to individuals with
disabilities to the same extent as services are made
available to all other individuals.
``(2) Transmission through secure third party permitted.--
Nothing in this section or in the Automatic Voter
Registration Act of 2021 shall be construed to prevent an
applicable agency from contracting with a third party to
assist the agency in meeting the information transmittal
requirements of this section, so long as the data transmittal
complies with the applicable requirements of this section and
such Act, including provisions relating privacy and security.
``(3) Nonpartisan, nondiscriminatory provision of
services.--The services made available by applicable agencies
under this section shall be made in a manner consistent with
paragraphs (4), (5), and (6)(C) of section 7(a).
``(4) Notices.--Each State may send notices under this
section via electronic mail if the individual has provided an
electronic mail address and consented to electronic mail
communications for election-related materials. All notices
sent pursuant to this section that require a response must
offer the individual notified the opportunity to respond at
no cost to the individual.
``(5) Registration at other state offices permitted.--
Nothing in this section may be construed to prohibit a State
from offering voter registration services described in this
section at offices of the State other than the State motor
vehicle authority.
``(f) Applicability.--
``(1) In general.--This section shall not apply to an
exempt State.
``(2) Exempt state defined.--The term `exempt State' means
a State which, under law which is in effect continuously on
and after the date of the enactment of this section, either--
``(A) has no voter registration requirement for any voter
in the State with respect to a Federal election; or
``(B) operates a system of automatic registration (as
defined in section 1002(a)(2)) at the motor vehicle authority
of the State or a Permanent Dividend Fund of the State under
which an individual is provided the opportunity to decline
registration during the transaction or by way of a notice
sent by mail or electronically after the transaction.''.
(b) Conforming Amendments.--
(1) Section 4(a) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4),
respectively, and by inserting after paragraph (1) the
following new paragraph:
``(2) by application made simultaneously with an
application for a motor vehicle driver's license pursuant to
section 5A;.''.
(2) Section 4(b) of the National Voter Registration Act of
1993 (52 U.S.C. 20503(b)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``States.--This Act'' and inserting
``States.--
``(1) In general.--Except as provided in paragraph (2),
this Act''; and
(C) by adding at the end the following new paragraph:
``(2) Application of automatic registration requirements.--
Section 5A shall apply to a State described in paragraph (1),
unless the State is an exempt State as defined in subsection
(f)(2) of such section.''.
(3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is
amended by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of registration under section 5A, within
the period provided in section 5A(b)(2);''.

SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC
REGISTRATION.

(a) Protections for Errors in Registration.--An individual
shall not be prosecuted under any Federal or State law,
adversely affected in any civil adjudication concerning
immigration status or naturalization, or subject to an
allegation in any legal proceeding that the individual is not
a citizen of the United States on any of the following
grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote.
(2) The individual is not eligible to vote in elections for
Federal office but was registered to vote due to individual
or agency error.
(3) The individual was automatically registered to vote at
an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration.
(b) Limits on Use of Automatic Registration.--The automatic
registration (within the meaning of section 5A of the
National Voter Registration Act of 1993) of any individual or
the fact that an individual declined the opportunity to
register to vote or did not make an affirmation of
citizenship (including through automatic registration) may
not be used as evidence against that individual in any State
or Federal law enforcement proceeding or any civil
adjudication concerning immigration status or naturalization,
and an individual's lack of knowledge or willfulness of such
registration may be demonstrated by the individual's
testimony alone.
(c) Protection of Election Integrity.--Nothing in
subsections (a) or (b) may be construed to prohibit or
restrict any action under color of law against an individual
who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Election Officials' Protection of Information.--
(1) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
(and, where available, photocopying at a reasonable cost),
including in electronic form and through electronic methods,
all records of changes to voter records, including removals,
the reasons for removals, and updates.
(2) Database management standards.--Not later than 1 year
after the date of the enactment of this Act, the Director of
the National Institute of Standards and Technology, in
consultation with State and local election officials and the
Election Assistance Commission, shall, after providing the
public with notice and the opportunity to comment--
(A) establish standards governing the comparison of data
for voter registration list maintenance purposes, identifying
as part of such standards the specific data elements, the
matching rules used, and how a State may use the data to
determine and deem that an individual is ineligible under
State law to vote in an election, or to deem a record to be a
duplicate or outdated;
(B) ensure that the standards developed pursuant to this
paragraph are uniform and nondiscriminatory and are applied
in a uniform and nondiscriminatory manner;
(C) not later than 45 days after the deadline for public
notice and comment, publish the

[[Page H89]]

standards developed pursuant to this paragraph on the
Director's website and make those standards available in
written form upon request; and
(D) ensure that the standards developed pursuant to this
paragraph are maintained and updated in a manner that
reflects innovations and best practices in the security of
database management.
(3) Security policy.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall, after providing
the public with notice and the opportunity to comment,
publish privacy and security standards for voter registration
information not later than 45 days after the deadline for
public notice and comment. The standards shall require the
chief State election official of each State to adopt a policy
that shall specify--
(i) each class of users who shall have authorized access to
the computerized statewide voter registration list,
specifying for each class the permission and levels of access
to be granted, and setting forth other safeguards to protect
the privacy, security, and accuracy of the information on the
list; and
(ii) security safeguards to protect personal information
transmitted through the information transmittal processes of
section 5A(b) of the National Voter Registration Act of 1993,
any telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(B) Maintenance and updating.--The Director shall ensure
that the standards developed pursuant to this paragraph are
maintained and updated in a manner that reflects innovations
and best practices in the privacy and security of voter
registration information.
(4) State compliance with national standards.--
(A) Certification.--The chief State election official of
the State shall annually file with the Election Assistance
Commission a statement certifying to the Director of the
National Institute of Standards and Technology that the State
is in compliance with the standards referred to in paragraphs
(2) and (3). A State may meet the requirement of the previous
sentence by filing with the Commission a statement which
reads as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs (2)
and (3) of section 1003(d) of the Automatic Voter
Registration Act of 2021.'' (with the blank to be filled in
with the name of the State involved).
(B) Publication of policies and procedures.--The chief
State election official of a State shall publish on the
official's website the policies and procedures established
under this section, and shall make those policies and
procedures available in written form upon public request.
(C) Funding dependent on certification.--If a State does
not timely file the certification required under this
paragraph, it shall not receive any payment under this part
for the upcoming fiscal year.
(D) Compliance of states that require changes to state
law.--In the case of a State that requires State legislation
to carry out an activity covered by any certification
submitted under this paragraph, for a period of not more than
2 years the State shall be permitted to make the
certification notwithstanding that the legislation has not
been enacted at the time the certification is submitted, and
such State shall submit an additional certification once such
legislation is enacted.
(e) Restrictions on Use of Information.--No person acting
under color of law may discriminate against any individual
based on, or use for any purpose other than voter
registration, election administration, juror selection, or
enforcement relating to election crimes, any of the
following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 5A of
the National Voter Registration Act of 1993.
(3) An individual's voter registration status.
(f) Prohibition on the Use of Voter Registration
Information for Commercial Purposes.--Information collected
under this part or the amendments made by this part shall not
be used for commercial purposes. Nothing in this subsection
may be construed to prohibit the transmission, exchange, or
dissemination of information for political purposes,
including the support of campaigns for election for Federal,
State, or local public office or the activities of political
committees (including committees of political parties) under
the Federal Election Campaign Act of 1971.

SEC. 1004. PAYMENTS AND GRANTS.

(a) In General.--The Election Assistance Commission shall
make grants to each eligible State to assist the State in
implementing the requirements of this part and the amendments
made by this part (or, in the case of an exempt State, in
implementing its existing automatic voter registration
program or expanding its automatic voter registration program
in a manner consistent with the requirements of this part)
with respect to the offices of the State motor vehicle
authority and any other offices of the State at which the
State offers voter registration services as described in this
part and the amendments made by this part.
(b) Eligibility; Application.--A State is eligible to
receive a grant under this section if the State submits to
the Commission, at such time and in such form as the
Commission may require, an application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall
determine the amount of a grant made to an eligible State
under this section. In determining the amounts of the grants,
the Commission shall give priority to providing funds for
those activities which are most likely to accelerate
compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the
ability of the State to automatically register individuals to
vote through its existing automatic voter registration
program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between applicable agencies (as defined in section 5A of the
National Voter Registration Act of 1993) and the appropriate
State election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously
exist; and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Exempt State.--For purposes of this section, the term
``exempt State'' has the meaning given such term under
section 5A of the National Voter Registration Act of 1993,
and also includes a State in which, under law which is in
effect continuously on and after the date of the enactment of
the National Voter Registration Act of 1993, there is no
voter registration requirement for any voter in the State
with respect to an election for Federal office.
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $3,000,000,000 for fiscal year 2022; and
(B) such sums as may be necessary for each succeeding
fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection
shall remain available without fiscal year limitation until
expended.

SEC. 1005. MISCELLANEOUS PROVISIONS.

(a) Enforcement.--Section 11 of the National Voter
Registration Act of 1993 (52 U.S.C. 20510), relating to civil
enforcement and the availability of private rights of action,
shall apply with respect to this part in the same manner as
such section applies to such Act.
(b) Relation to Other Laws.--Except as provided, nothing in
this part or the amendments made by this part may be
construed to authorize or require conduct prohibited under,
or to supersede, restrict, or limit the application of any of
the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.) (other than section 5A thereof).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).

SEC. 1006. DEFINITIONS.

In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for coordination of
the State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.

SEC. 1007. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), this
part and the amendments made by this part shall apply on and
after January 1, 2023.
(b) Waiver.--If a State certifies to the Commission not
later than January 1, 2023, that the State will not meet the
deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such deadline, subsection (a)
shall apply to the State as if the reference in such
subsection to ``January 1, 2023'' were a reference to
``January 1, 2025''.

PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY

SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.

(a) In General.--Section 6103(a) of title 5, United States
Code, is amended by inserting after the item relating to
Columbus Day, the following:
``Election Day, the Tuesday next after the first Monday in
November in each even-numbered year.''.
(b) Conforming Amendment.--Section 241(b) of the Help
America Vote Act of 2002 (52 U.S.C. 20981(b)) is amended--
(1) by striking paragraph (10); and
(2) by redesignating paragraphs (11) through (19) as
paragraphs (10) through (18), respectively.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the regularly scheduled general
elections for Federal office held in November 2022 or any
succeeding year.

[[Page H90]]

PART 3--PROMOTING INTERNET REGISTRATION

SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER
REGISTRATION.

(a) Requiring Availability of Internet for Registration.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501
et seq.) is amended by inserting after section 6 the
following new section:

``SEC. 6A. INTERNET REGISTRATION.

``(a) Requiring Availability of Internet for Online
Registration.--Each State, acting through the chief State
election official, shall ensure that the following services
are available to the public at any time on the official
public websites of the appropriate State and local election
officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall
accept an online voter registration application provided by
an individual under this section, and ensure that the
individual is registered to vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote
by mail in accordance with section 6(a)(1) using the mail
voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2);
and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in
the case of applications submitted during or after the second
year in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a signature on
file with a State agency, including the State motor vehicle
authority, that is required to provide voter registration
services under this Act or any other law, the individual
consents to the transfer of that electronic signature.
``(B) If subparagraph (A) does not apply, the individual
submits with the application an electronic copy of the
individual's handwritten signature through electronic means.
``(C) If subparagraph (A) and subparagraph (B) do not
apply, the individual executes a computerized mark in the
signature field on an online voter registration application,
in accordance with reasonable security measures established
by the State, but only if the State accepts such mark from
the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other elements
of the online voter registration application;
``(B) permit the individual to provide a signature at the
time the individual requests a ballot in an election (whether
the individual requests the ballot at a polling place or
requests the ballot by mail); and
``(C) if the individual carries out the steps described in
subparagraph (A) and subparagraph (B), ensure that the
individual is registered to vote in the State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an individual
under this section, the appropriate State or local election
official shall provide the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the
application.
``(B) Method of notification.--The appropriate State or
local election official shall provide the notice required
under subparagraph (A) though the online submission process
and--
``(i) in the case of an individual who has provided the
official with an electronic mail address, by electronic mail;
and
``(ii) at the option of the individual, by text message.
``(2) Notice of disposition.--
``(A) In general.--Not later than 7 days after the
appropriate State or local election official has approved or
rejected an application submitted by an individual under this
section, the official shall provide the individual a notice
of the disposition of the application.
``(B) Method of notification.--The appropriate State or
local election official shall provide the notice required
under subparagraph (A) by regular mail and--
``(i) in the case of an individual who has provided the
official with an electronic mail address, by electronic mail;
and
``(ii) at the option of the individual, by text message.
``(e) Provision of Services in Nonpartisan Manner.--The
services made available under subsection (a) shall be
provided in a manner that ensures that--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting
the requirements of this section, the State shall establish
appropriate technological security measures to prevent to the
greatest extent practicable any unauthorized access to
information provided by individuals using the services made
available under subsection (a).
``(g) Accessibility of Services.--A State shall ensure that
the services made available under this section are made
available to individuals with disabilities to the same extent
as services are made available to all other individuals.
``(h) Nondiscrimination Among Registered Voters Using Mail
and Online Registration.--In carrying out this Act, the Help
America Vote Act of 2002, or any other Federal, State, or
local law governing the treatment of registered voters in the
State or the administration of elections for public office in
the State, a State shall treat a registered voter who
registered to vote online in accordance with this section in
the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification
requirements.--Section 303(b)(1)(A) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking
``by mail'' and inserting ``by mail or online under section
6A of the National Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet the
requirements of subparagraph (B) if--
``(i) the individual registered to vote in the State online
under section 6A of the National Voter Registration Act of
1993; and
``(ii) the individual has not previously voted in an
election for Federal office in the State.
``(B) Requirements.--An individual meets the requirements
of this subparagraph if--
``(i) in the case of an individual who votes in person, the
individual provides the appropriate State or local election
official with a handwritten signature; or
``(ii) in the case of an individual who votes by mail, the
individual submits with the ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not apply in
the case of an individual who is--
``(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in person under any
other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A))
is amended by striking ``Each State'' and inserting ``Except
as provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)), as amended by section 1002(b)(3), is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) in the case of online registration through the
official public website of an election official under section
6A, if the valid voter registration application is submitted
online not later than the lesser of 28 days, or the period
provided by State law, before the date of the election (as
determined by treating the date on which the application is
sent electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C.
20507(a)(5)) is amended by striking ``and 7'' and inserting
``6A, and 7''.

SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION
INFORMATION.

(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended
by adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local election
official shall ensure that any registered voter on the
computerized list may at any time update the voter's
registration information, including the voter's address and
electronic mail address, online through the official public
website of the election official responsible for the
maintenance of the list, so long as the voter attests to the
contents of the update by providing a signature in electronic
form in the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter

[[Page H91]]

updates registration information under subparagraph (A), the
appropriate State or local election official shall--
``(i) revise any information on the computerized list to
reflect the update made by the voter; and
``(ii) if the updated registration information affects the
voter's eligibility to vote in an election for Federal
office, ensure that the information is processed with respect
to the election if the voter updates the information not
later than the lesser of 7 days, or the period provided by
State law, before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the online submission
of updated registration information by an individual under
this paragraph, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the updated information and providing
instructions on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has accepted
or rejected updated information submitted by an individual
under this paragraph, the official shall send the individual
a notice of the disposition of the update.
``(iii) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subparagraph by regular mail and--

``(I) in the case of an individual who has requested that
the State provide voter registration and voting information
through electronic mail, by electronic mail; and
``(II) at the option of the individual, by text message.''.

(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A))
is amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's
information on the computerized Statewide voter registration
list using the online method provided under section 303(a)(6)
of the Help America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online
method,''.

SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC
MAIL TO INDIVIDUALS REGISTERED TO VOTE.

(a) Including Option on Voter Registration Application To
Provide E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide
to the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52
U.S.C. 20508) is amended by adding at the end the following
new subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for
Other Than Official Purposes.--The chief State election
official shall ensure that any electronic mail address
provided by an applicant under subsection (b)(5) is used only
for purposes of carrying out official duties of election
officials and is not transmitted by any State or local
election official (or any agent of such an official,
including a contractor) to any person who does not require
the address to carry out such official duties and who is not
under the direct supervision and control of a State or local
election official.''.
(b) Requiring Provision of Information by Election
Officials.--Section 302(b) of the Help America Vote Act of
2002 (52 U.S.C. 21082(b)) is amended by adding at the end the
following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter
Registration Act of 1993), the appropriate State or local
election official, through electronic mail transmitted not
later than 7 days before the date of the election for Federal
office involved, shall provide the individual with
information on how to obtain the following information by
electronic means:
``(A)(i) If the individual is assigned to vote in the
election at a specific polling place--
``(I) the name and address of the polling place; and
``(II) the hours of operation for the polling place.
``(ii) If the individual is not assigned to vote in the
election at a specific polling place--
``(I) the name and address of locations at which the
individual is eligible to vote; and
``(II) the hours of operation for those locations.
``(B) A description of any identification or other
information the individual may be required to present at the
polling place or a location described in subparagraph
(A)(ii)(I) to vote in the election.''.

SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY
INFORMATION TO SHOW ELIGIBILITY TO VOTE.

Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants
Providing Necessary Information To Show Eligibility To
Vote.--For purposes meeting the requirement of subsection
(a)(1) that an eligible applicant is registered to vote in an
election for Federal office within the deadlines required
under such subsection, the State shall consider an applicant
to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides
a signature in accordance with subsection (c) of such
section.''.

SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO
PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL
SECURITY NUMBER.

(a) Form Included With Application for Motor Vehicle
Driver's License.--Section 5(c)(2)(B)(ii) of the National
Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii))
is amended by striking the semicolon at the end and inserting
the following: ``, and to the extent that the application
requires the applicant to provide a Social Security number,
may not require the applicant to provide more than the last 4
digits of such number;''.
(b) National Mail Voter Registration Form.--Section 9(b)(1)
of such Act (52 U.S.C. 20508(b)(1)) is amended by striking
the semicolon at the end and inserting the following: ``, and
to the extent that the form requires the applicant to provide
a Social Security number, the form may not require the
applicant to provide more than the last 4 digits of such
number;''.

SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.

Section 4 of the National Voter Registration Act of 1993
(52 U.S.C. 20503) is amended by adding at the end the
following new subsection:
``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions
shall apply to a State described in paragraph (2) thereof:
``(1) Section 6A (as added by section 1021(a) of the Voter
Registration Modernization Act of 2021).
``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of
the Voter Registration Modernization Act of 2021).
``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of
Voter Registration Modernization Act of 2021), but only to
the extent such provision relates to section 6A.
``(4) Section 8(j) (as added by section 1024 of the Voter
Registration Modernization Act of 2021), but only to the
extent such provision relates to section 6A.''.

SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER
REGISTRATION SYSTEMS.

Not later than 1 year after the date of enactment of this
Act, the Attorney General shall submit to Congress a report
on local, State, and Federal personally identifiable
information data collections efforts related to online voter
registration systems, the cyber security resources necessary
to defend such efforts from online attacks, and the impact of
a potential data breach of local, State, or Federal online
voter registration systems.

SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO
SERVE AS APPLICATION FOR ABSENTEE BALLOT.

Section 5(c) of the National Voter Registration Act of 1993
(52 U.S.C. 20504(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election
for Federal office held in the State and in each subsequent
election for Federal office held in the State.''; and
(2) by adding at the end the following new paragraph:
``(3)(A) In the case of an individual who is treated as
having applied for an absentee ballot in the next election
for Federal office held in the State and in each subsequent
election for Federal office held in the State under paragraph
(2)(F), such treatment shall remain effective until the
earlier of such time as--
``(i) the individual is no longer registered to vote in the
State; or
``(ii) the individual provides an affirmative written
notice revoking such treatment.
``(B) The treatment of an individual as having applied for
an absentee ballot in the next election for Federal office
held in the State and in each subsequent election for Federal
office held in the State under paragraph (2)(F) shall not be
revoked on the basis that the individual has not voted in an
election''.

SEC. 1029. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this part

[[Page H92]]

(other than the amendments made by section 1004) shall apply
with respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.
(b) Waiver.--If a State certifies to the Election
Assistance Commission not later than 180 days after the date
of the enactment of this Act that the State will not meet the
deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such deadline, subsection (a)
shall apply to the State as if the reference in such
subsection to ``the regularly scheduled general election for
Federal office held in November 2022'' were a reference to
``January 1, 2024''.

PART 4--SAME DAY VOTER REGISTRATION

SEC. 1031. SAME DAY REGISTRATION.

(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:

``SEC. 304. SAME DAY REGISTRATION.

``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day
when voting, including early voting, is permitted for a
Federal election--
``(A) to register to vote in such election at the polling
place using a form that meets the requirements under section
9(b) of the National Voter Registration Act of 1993 (or, if
the individual is already registered to vote, to revise any
of the individual's voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for
Federal office.
``(b) Eligible Individual.--For purposes of this section,
the term `eligible individual' means, with respect to any
election for Federal office, an individual who is otherwise
qualified to vote in that election.
``(c) Ensuring Availability of Forms.--The State shall
ensure that each polling place has copies of any forms an
individual may be required to complete in order to register
to vote or revise the individual's voter registration
information under this section.
``(d) Effective Date.--
``(1) In general.--Subject to paragraph (2), each State
shall be required to comply with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2022 and for any
subsequent election for Federal office.
``(2) Special rules for elections before november 2026.--
``(A) Elections prior to november 2024 general election.--A
State shall be deemed to be in compliance with the
requirements of this section for the regularly scheduled
general election for Federal office occurring in November
2022 and subsequent elections for Federal office occurring
before the regularly scheduled general election for Federal
office in November 2024 if at least one location for each
15,000 registered voters in each jurisdiction in the State
meets such requirements, and such location is reasonably
located to serve voting populations equitably across the
jurisdiction.
``(B) November 2024 general election.--If a State certifies
to the Commission not later than November 5, 2024, that the
State will not be in compliance with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2024 because it would be
impracticable to do so and includes in the certification the
reasons for the failure to meet such requirements, the State
shall be deemed to be in compliance with the requirements of
this section for such election if at least one location for
each 15,000 registered voters in each jurisdiction in the
State meets such requirements, and such location is
reasonably located to serve voting populations equitably
across the jurisdiction.''.
(b) Conforming Amendment Relating to Enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``subtitle A of
title III''.
(c) Clerical Amendments.--The table of contents of such Act
is amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:

``Sec. 304. Same day registration.''.

SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE
CONSISTENT WITH TIMING OF LEGAL PUBLIC
HOLIDAYS.

(a) In General.--Section 8(a)(1) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended
by striking ``30 days'' each place it appears and inserting
``28 days''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections held in 2022 or any
succeeding year.

PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY

SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER
REGISTRATION INFORMATION DISPLAYS FOLLOWING
NATURALIZATION CEREMONIES.

(a) Authorization.--The Secretary of Homeland Security
shall establish a process for authorizing the chief State
election official of a State to disseminate voter
registration information at the conclusion of any
naturalization ceremony in such State.
(b) No Effect on Other Authority.--Nothing in this section
shall be construed to imply that a Federal agency cannot
provide voter registration services beyond those minimally
required herein, or to imply that agencies not named may not
distribute voter registration information or provide voter
registration services up to the limits of their statutory and
funding authority.
(c) Designated Voter Registration Agencies.--In any State
or other location in which a Federal agency is designated as
a voter registration agency under section 7(a)(3)(B)(ii) of
the National Voter Registration Act, the voter registration
responsibilities incurred through such designation shall
supersede the requirements described in this section.

SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH
CERTAIN LEASES AND VOUCHERS FOR FEDERALLY
ASSISTED RENTAL HOUSING AND MORTGAGE
APPLICATIONS.

(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Consumer Financial Protection.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(3) Federal rental assistance.--The term ``Federal rental
assistance'' means rental assistance provided under--
(A) any covered housing program, as defined in section
41411(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(a));
(B) title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.), including voucher assistance under section 542 of such
title (42 U.S.C. 1490r);
(C) the Housing Trust Fund program under section 1338 of
the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4588); or
(D) subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(4) Federally backed multifamily mortgage loan.--The term
``Federally backed multifamily mortgage loan'' includes any
loan (other than temporary financing such as a construction
loan) that--
(A) is secured by a first or subordinate lien on
residential multifamily real property designed principally
for the occupancy of 5 or more families, including any such
secured loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program administered by
the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or
agency, or is purchased or securitized by the Federal Home
Loan Mortgage Corporation or the Federal National Mortgage
Association.
(5) Owner.--The term ``owner'' has the meaning given the
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(6) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(7) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan that is secured by a first
or subordinate lien on residential real property, including
individual units of condominiums and cooperatives, designed
principally for the occupancy of from 1- to 4- families.
(b) Uniform Statement.--
(1) Development.--The Director, after consultation with the
Election Assistance Commission, shall develop a uniform
statement designed to provide recipients of the statement
pursuant to this section with information on how the
recipient can register to vote and the voting rights of the
recipient under law.
(2) Responsibilities.--In developing the uniform statement,
the Director shall be responsible for--
(A) establishing the format of the statement;
(B) consumer research and testing of the statement; and
(C) consulting with and obtaining from the Election
Assistance Commission the content regarding voter rights and
registration issues needed to ensure the statement complies
with the requirements of paragraph (1).
(3) Languages.--
(A) In general.--The uniform statement required under
paragraph (1) shall be developed and made available in
English and in each of the 10 languages most commonly spoken
by individuals with limited English proficiency, as
determined by the Director using information published by the
Director of the Bureau of the Census.
(B) Publication.--The Director shall make all translated
versions of the uniform statement required under paragraph
(1) publicly available in a centralized location on the
website of the Bureau.
(c) Leases and Vouchers for Federally Assisted Rental
Housing.--Each Federal agency administering a Federal rental
assistance program shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (b) to
each lessee of a dwelling unit in public housing administered
by the agency--
(A) together with the lease for the dwelling unit, at the
same time the lease is signed by the lessee; and
(B) together with any income verification form, at the same
time the form is provided to the lessee;

[[Page H93]]

(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13)
of such section 8(o), to provide a copy of the uniform
statement developed pursuant to subsection (b) to each
assisted family or individual--
(A) together with the voucher for the assistance, at the
time the voucher is issued for the family or individual; and
(B) together with any income verification form, at the time
the voucher is provided to the applicant or assisted family
or individual; and
(3) each owner of a dwelling unit assisted with Federal
rental assistance to provide a copy of the uniform statement
developed pursuant to subsection (b) to the lessee of the
dwelling unit--
(A) together with the lease for such dwelling unit, at the
same time the lease is signed by the lessee; and
(B) together with any income verification form, at the same
time the form is provided to the applicant or tenant.
(d) Applications for Residential Mortgage Loans.--The
Director shall require each creditor (within the meaning of
such term as used in section 1026.2(a)(17) of title 12, Code
of Federal Regulations) that receives an application (within
the meaning of such term as used in section 1026.2(a)(3)(ii)
of title 12, Code of Federal Regulations) to provide a copy
of the uniform statement developed pursuant to subsection (b)
in written form to the applicant for the residential mortgage
loan not later than 5 business days after the date of the
application.
(e) Federally Backed Multifamily Mortgage Loans.--The head
of the Federal agency insuring, guaranteeing, supplementing,
or assisting a Federally backed multifamily mortgage loan, or
the Director of the Federal Housing Finance Agency in the
case of a Federally backed multifamily mortgage loan that is
purchased or securitized by the Federal Home Loan Mortgage
Corporation or the Federal National Mortgage Association,
shall require the owner of the property secured by the
Federally backed multifamily mortgage loan to provide a copy
of the uniform statement developed pursuant to subsection (b)
in written form to each lessee of a dwelling unit assisted by
that loan at the time the lease is signed by the lessee.
(f) Optional Completion of Voter Registration.--Nothing in
this section may be construed to require any individual to
complete a voter registration form.
(g) Regulations.--The head of a Federal agency
administering a Federal rental assistance program, the head
of the Federal agency insuring, guaranteeing, supplementing,
or assisting a Federally backed multifamily mortgage loan,
the Director of the Federal Housing Finance Agency, and the
Director may issue such regulations as may be necessary to
carry out this section.
(h) No Effect on Other Authority.--Nothing in this section
shall be construed to imply that a Federal agency cannot
provide voter registration services beyond those minimally
required herein, or to imply that agencies not named may not
distribute voter registration information or provide voter
registration services up to the limits of their statutory and
funding authority.
(i) Designated Voter Registration Agencies.--In any State
or other location in which a Federal agency is designated as
a voter registration agency under section 7(a)(3)(B)(ii) of
the National Voter Registration Act, the voter registration
responsibilities incurred through such designation shall
supersede the requirements described in this section.

SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.

(a) Acceptance of Applications.--Section 8 of the National
Voter Registration Act of 1993 (52 U.S.C. 20507), as amended
by section 1024, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18
Years of Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the
individual is under 18 years of age at the time the
individual submits the application, so long as the individual
is at least 16 years of age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to
permit an individual who is under 18 years of age at the time
of an election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring on or after
January 1, 2022.

SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER
PRIVACY PROGRAMS.

(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section
1031(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. VOTER PRIVACY PROGRAMS.
``(a) In General.--Each State shall establish and operate a
privacy program to enable victims of domestic violence,
dating violence, stalking, sexual assault, and trafficking to
have personally identifiable information that State or local
election officials maintain with respect to an individual
voter registration status for purposes of elections for
Federal office in the State, including addresses, be kept
confidential.
``(b) Notice.--Each State shall notify residents of that
State of the information that State and local election
officials maintain with respect to an individual voter
registration status for purposes of elections for Federal
office in the State, how that information is shared or sold
and with whom, what information is automatically kept
confidential, what information is needed to access voter
information online, and the privacy programs that are
available.
``(c) Public Availability.--Each State shall make
information about the program established under subsection
(a) available on a publicly accessible website.
``(d) Definitions.--In this section:
``(1) The terms `domestic violence', `stalking', `sexual
assault', and `dating violence' have the meanings given such
terms in section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291).
``(2) The term `trafficking' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(e) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on
and after January 1, 2023.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:

``Sec. 305. Voter privacy programs.''.

PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE

SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA
TO COVER COSTS OF COMPLIANCE WITH NEW
REQUIREMENTS.

(a) In General.--Section 251(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise
provided in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--
Notwithstanding paragraph (3), a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2021, including the
requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2021.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking ``section
251(a)(2)'' and inserting ``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2022 and each
succeeding fiscal year.

Subtitle B--Access to Voting for Individuals With Disabilities

SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.

(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a) and section 1044(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:

``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR
INDIVIDUALS WITH DISABILITIES.

``(a) Treatment of Applications and Ballots.--Each State
shall--
``(1) ensure that absentee registration forms, absentee
ballot applications, and absentee ballots that are available
electronically are accessible (as defined in section 307);
``(2) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(3) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an
individual with a disability if the application is received
by the appropriate State election official within the
deadline for the election which is applicable under Federal
law;
``(4) in addition to any other method of registering to
vote or applying for an absentee ballot in the State,
establish procedures--
``(A) for individuals with disabilities to request by mail
and electronically voter registration applications and
absentee ballot applications with respect to elections for
Federal office in accordance with subsection (c);
``(B) for States to send by mail and electronically (in
accordance with the preferred method of transmission
designated by the individual under subparagraph (C)) voter
registration applications and absentee ballot applications
requested under subparagraph (A) in accordance with
subsection (c)); and
``(C) by which such an individual can designate whether the
individual prefers that such voter registration application
or absentee ballot application be transmitted by mail or
electronically;
``(5) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee
ballots to individuals with disabilities with respect to
elections for Federal office in accordance with subsection
(d); and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.

[[Page H94]]

``(b) Designation of Single State Office to Provide
Information on Registration and Absentee Ballot Procedures
for Voters With Disabilities in State.--
``(1) In general.--Each State shall designate a single
office which shall be responsible for providing information
regarding voter registration procedures, absentee ballot
procedures, and in-person voting procedures to be used by
individuals with disabilities with respect to elections for
Federal office to all individuals with disabilities who wish
to register to vote or vote in any jurisdiction in the State.
``(2) Responsibilities.--Each State shall, through the
office designated in paragraph (1)--
``(A) provide information to election officials--
``(i) on how to set up and operate accessible voting
systems; and
``(ii) regarding the accessibility of voting procedures,
including guidance on compatibility with assistive
technologies such as screen readers and ballot marking
devices;
``(B) integrate information on accessibility,
accommodations, disability, and older individuals into
regular training materials for poll workers and election
administration officials;
``(C) train poll workers on how to make polling places
accessible for individuals with disabilities and older
individuals;
``(D) promote the hiring of individuals with disabilities
and older individuals as poll workers and election staff; and
``(E) publicly post the results of any audits to determine
the accessibility of polling places no later than 6 months
after the completion of the audit.
``(c) Designation Of Means of Electronic Communication for
Individuals With Disabilities to Request and for States to
Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting
Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of accessible electronic
communication--
``(A) for use by individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State to
request voter registration applications and absentee ballot
applications under subsection (a)(4);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested under
such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals
with disabilities, including a means of electronic
communication for the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include
a means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(4)(C), the State shall
transmit the voter registration application or absentee
ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots by mail
and electronically (in accordance with the preferred method
of transmission designated by the individual with a
disability under subparagraph (B)) to individuals with
disabilities for an election for Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such blank
absentee ballot be transmitted by mail or electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit
the ballot by any delivery method allowable in accordance
with applicable State law, or if there is no applicable State
law, by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such
as assigning a unique identifier to the ballot envelope, to
ensure that if an individual with a disability requests the
State to transmit a blank absentee ballot to the individual
in accordance with this subsection, the voted absentee ballot
which is returned by the individual is the same blank
absentee ballot which the State transmitted to the
individual.
``(e) Individual With a Disability Defined.--In this
section, an `individual with a disability' means an
individual with an impairment that substantially limits any
major life activities and who is otherwise qualified to vote
in elections for Federal office.
``(f) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 306, January 1, 2022.''.
(2) Redesignation.--
(A) In general.--Title III of such Act (52 U.S.C. 21081 et
seq.) is amended by redesignating sections 311 and 312 as
sections 321 and 322, respectively.
(B) Conforming amendment.--Section 322(a) of such Act, as
redesignated by subparagraph (A), is amended by striking
``section 312'' and inserting ``section 322''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c) and section 1044(b), is
amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:

``Sec. 306. Access to voter registration and voting for
individuals with disabilities.''.

SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE
ELECTION WEBSITES.

(a) In General.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), and section
1101(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(2) by inserting after section 306 the following:

``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE
ELECTION WEBSITES.

``(a) In General.--Not later than January 1, 2023, each
State shall establish a single election website that is
accessible and meets the following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are accessible
for individuals with disabilities and older individuals in a
manner that provides the same opportunity for access and
participation (including privacy and independence) as for
other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and participation of
individuals with disabilities and older individuals in
elections for public office; and
``(ii) the voting rights and protections for individuals
with disabilities and older individuals under State and
Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places within the
State, including outreach programs to inform individuals
about the availability of accessible polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all polling
places in the State;
``(D) the availability of aid or assistance for individuals
with disabilities and older individuals to cast their vote in
a manner that provides the same opportunity for access and
participation (including privacy and independence) as for
other voters at polling places;
``(E) the availability of transportation aid or assistance
to the polling place for individuals with disabilities or
older individuals;
``(F) the rights and protections under State and Federal
law for individuals with disabilities and older individuals
to participate in elections; and
``(G) how to contact State, local, and Federal officials
with complaints or grievances if individuals with
disabilities, older individuals, Native Americans, Alaska
Natives, and individuals with limited proficiency in the
English language feel their ability to register to vote or
vote has been blocked or delayed.
``(b) Partnership With Outside Technical Organization.--The
chief State election official of each State, through the
committee of appropriate individuals under subsection (c)(2),
shall partner with an outside technical organization with
demonstrated experience in establishing accessible and easy
to use accessible election websites to--
``(1) update an existing election website to make it fully
accessible in accordance with this section; or
``(2) develop an election website that is fully accessible
in accordance with this section.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State
plan that describes how the State and local governments will
meet the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the four most
populous jurisdictions within the State.
``(B) The chief election officials of the four least
populous jurisdictions within the State.
``(C) Representatives from two disability advocacy groups,
including at least one such representative who is an
individual with a disability.
``(D) Representatives from two older individual advocacy
groups, including at least one such representative who is an
older individual.
``(E) Representatives from two independent non-governmental
organizations with expertise in establishing and maintaining
accessible websites.
``(F) Representatives from two independent non-governmental
voting rights organizations.
``(G) Representatives from State protection and advocacy
systems as defined in section 102

[[Page H95]]

of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
``(d) Partnership To Monitor and Verify Accessibility.--The
chief State election official of each eligible State, through
the committee of appropriate individuals under subsection
(c)(2), shall partner with at least two of the following
organizations to monitor and verify the accessibility of the
election website and the completeness of the election
information and the accuracy of the disability information
provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services designated
under section 151(a) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15061(a)).
``(2) Centers for Independent Living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) A State Council on Developmental Disabilities
described in section 125 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
``(4) State protection and advocacy systems as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29
U.S.C. 796d).
``(6) State Assistive Technology Act Programs.
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--For purposes of this section, section
305, and section 307:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under subsection
(a) or an electronic communication under section 305--
``(i) that the functions and content of the website or
electronic communication, including all text, visual, and
aural content, are as accessible to people with disabilities
as to those without disabilities;
``(ii) that the functions and content of the website or
electronic communication are accessible to individuals with
limited proficiency in the English language; and
``(iii) that the website or electronic communication meets,
at a minimum, conformance to Level AA of the Web Content
Accessibility Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a polling
place), that the facility is readily accessible to and usable
by individuals with disabilities and older individuals, as
determined under the 2010 ADA Standards for Accessible Design
adopted by the Department of Justice (or any successor
standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102), and who is otherwise qualified to
vote in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal
office.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b), is amended by striking ``section 306'' and inserting
``sections 306 and 307''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), and
section 1101(c), is amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309, respectively; and
(2) by inserting after the item relating to section 306 the
following new item:

``Sec. 307. Establishment and maintenance of accessible
election websites.''.

SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS
WITH DISABILITIES AND OLDER INDIVIDUALS.

(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
and section 1102(a), is amended--
(A) by redesignating sections 308 and 309 as sections 309
and 310, respectively; and
(B) by inserting after section 307 the following:

``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.

``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 306;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in
person in an election for Federal office, such as the option
to cast a ballot outside of the polling place or from a
vehicle, or providing an expedited voting line; and
``(3) consider options to establish `mobile polling sites'
to allow election officials or volunteers to travel to long-
term care facilities and assist residents who request
assistance in casting a ballot in order to maintain the
privacy and independence of voters in these facilities.
``(b) Clarification.--Nothing in this section may be
construed to alter the requirements under Federal law that
all polling places for Federal elections are accessible to
individuals with disabilities and older individuals.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2024.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by section 1102(b), is amended by
striking ``and 307'' and inserting ``, 307, and 308''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), and section 1102(c), is amended--
(A) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310, respectively; and
(B) by inserting after the item relating to section 307 the
following new item:

``Sec. 308. Access to voting for individuals with
disabilities and older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking ``Federal
Election Commission'' and inserting ``Election Assistance
Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting ``Election
Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly individuals''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(B) by striking ``handicapped and elderly voters'' each
place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking ``handicapped or
elderly voter'' and inserting ``individual with a disability
or older individual'';
(D) in section 5(b), by striking ``handicapped voter'' and
inserting ``individual with a disability''; and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and inserting the
following:
``(1) `accessible' has the meaning given that term in
section 307 of the Help America Vote Act of 2002, as added by
section 1102(a) of the Freedom to Vote: John R. Lewis Act;
``(2) `older individual' has the meaning given that term in
such section 307;''; and
(ii) by striking paragraph (4), and inserting the
following:
``(4) `individual with a disability' has the meaning given
that term in such section 306; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the ``Voting Accessibility
for the Elderly and Handicapped Act'' (Public Law 98-435; 42
U.S.C. 1973ee note) is amended by striking ``for the Elderly
and Handicapped'' and inserting ``for Individuals with
Disabilities and Older Individuals''.
(B) References.--Any reference in any other provision of
law, regulation, document, paper, or other record of the
United States to the ``Voting Accessibility for the Elderly
and Handicapped Act'' shall be deemed to be a reference to
the ``Voting Accessibility for Individuals with Disabilities
and Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2024, and shall apply with
respect to elections for Federal office held on or after that
date.

SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO
GUARDIANSHIP.

(a) In General.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), and section 1103(a)(1), is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 311, respectively; and
(2) by inserting after section 308 the following:

``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO
GUARDIANSHIP.

``(a) In General.--A State shall not determine that an
individual lacks the capacity to vote in an election for
Federal office on the ground that the individual is subject
to guardianship, unless a court of competent jurisdiction
issues a court order finding by clear and convincing evidence
that the individual cannot communicate, with or without
accommodations, a desire to participate in the voting
process.
``(b) Effective Date.--This section shall apply with
respect to elections for Federal office held on or after
January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102 and 1103, is amended
by striking ``and 308'' and inserting ``308, and 309''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), and section 1103(a)(3), is
amended--
(1) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311, respectively; and
(2) by inserting after the item relating to section 308 the
following new item:

``Sec. 309. Protections for individuals subject to
guardianship.''.

SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO
ASSURE VOTING ACCESS FOR INDIVIDUALS WITH
DISABILITIES.

(a) Purposes of Payments.--Section 261(b) of the Help
America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or
dexterity) through the implementation of accessible absentee
voting systems that work in conjunction with assistive
technologies for which individuals

[[Page H96]]

have access at their homes, independent living centers, or
other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the
same opportunity for access and participation (including
privacy and independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new
paragraph:
``(4) For fiscal year 2022 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such
Act (52 U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2022 or any succeeding fiscal
year, any portion of such amounts which have not been
obligated or expended by the State or unit of local
government prior to the expiration of the 4-year period which
begins on the date the State or unit of local government
first received the amounts shall be transferred to the
Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the amounts
transferred under paragraph (1) to make payments on a pro
rata basis to each covered payment recipient described in
subparagraph (B), which may obligate and expend such payment
for the purposes described in section 261(b) during the 1-
year period which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a State or
unit of local government with respect to which--
``(i) amounts were appropriated pursuant to the authority
of subsection (a); and
``(ii) no amounts were transferred to the Commission under
paragraph (1).''.

SEC. 1106. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.

(a) Inclusion of System Serving American Indian
Consortium.--Section 291(a) of the Help America Vote Act of
2002 (52 U.S.C. 21061(a)) is amended by striking ``of each
State'' and inserting ``of each State and the eligible system
serving the American Indian consortium (within the meaning of
section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29
U.S.C. 794e(c)(1)(B)))''.
(b) Grant Amount.--Section 291(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21061(b)) is amended--
(1) by striking ``as set forth in subsections (c)(3)'' and
inserting ``as set forth in subsections (c)(1)(B) (regardless
of the fiscal year), (c)(3)''; and
(2) by striking ``except that'' and all that follows and
inserting ``except that the amount of the grants to systems
referred to in subsection (c)(3)(B) of that section shall not
be less than $70,000 and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) of that
section shall not be less than $35,000.''.

SEC. 1107. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH
DISABILITIES TO REGISTER TO VOTE PRIVATELY AND
INDEPENDENTLY AT RESIDENCES.

(a) Establishment of Pilot Programs.--The Election
Assistance Commission (hereafter referred to as the
``Commission'') shall, subject to the availability of
appropriations to carry out this section, make grants to
eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means
(including the internet and telephones utilizing assistive
devices) to register to vote and to request and receive
absentee ballots in a manner which permits such individuals
to do so privately and independently at their own residences.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State
during the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant
under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing such information and assurances as the
Commission may require.
(d) Timing.--The Commission shall make the first grants
under this section for pilot programs which will be in effect
with respect to elections for Federal office held in 2022,
or, at the option of a State, with respect to other elections
for public office held in the State in 2022.
(e) State Defined.--In this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.

SEC. 1108. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR
INDIVIDUALS WITH DISABILITIES.

(a) Analysis.--The Comptroller General of the United States
shall conduct an analysis after each regularly scheduled
general election for Federal office with respect to the
following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges posed by
such facilities; and
(B) the extent to which such facilities are used as polling
places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or other Federal agencies
to help State and local officials improve voting access for
individuals with disabilities during elections for Federal
office.
(3) When accessible voting machines are available at a
polling place, the extent to which such machines--
(A) are located in places that are difficult to access;
(B) malfunction; or
(C) fail to provide sufficient privacy to ensure that the
ballot of the individual cannot be seen by another
individual.
(4) The process by which Federal, State, and local
governments track compliance with accessibility requirements
related to voting access, including methods to receive and
address complaints.
(5) The extent to which poll workers receive training on
how to assist individuals with disabilities, including the
receipt by such poll workers of information on legal
requirements related to voting rights for individuals with
disabilities.
(6) The extent and effectiveness of training provided to
poll workers on the operation of accessible voting machines.
(7) The extent to which individuals with a developmental or
psychiatric disability experience greater barriers to voting,
and whether poll worker training adequately addresses the
needs of such individuals.
(8) The extent to which State or local governments employ,
or attempt to employ, individuals with disabilities to work
at polling sites.
(b) Report.--
(1) In general.--Not later than 9 months after the date of
a regularly scheduled general election for Federal office,
the Comptroller General shall submit to the appropriate
congressional committees a report with respect to the most
recent regularly scheduled general election for Federal
office that contains the following:
(A) The analysis required by subsection (a).
(B) Recommendations, as appropriate, to promote the use of
best practices used by State and local officials to address
barriers to accessibility and privacy concerns for
individuals with disabilities in elections for Federal
office.
(2) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on House Administration of the House of
Representatives;
(B) the Committee on Rules and Administration of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Appropriations of the Senate.

Subtitle C--Early Voting

SEC. 1201. EARLY VOTING.

(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), and section 1104(a), is
amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312, respectively; and
(2) by inserting after section 309 the following new
section:

``SEC. 310. EARLY VOTING.

``(a) Requiring Voting Prior to Date of Election.--Each
election jurisdiction shall allow individuals to vote in an
election for Federal office during an early voting period
which occurs prior to the date of the election, in a manner
that allows the individual to receive, complete, and cast
their ballot in-person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period required
under this subsection with respect to an election shall
consist of a period of consecutive days (including weekends)
which begins on the 15th day before the date of the election
(or, at the option of the State, on a day prior to the 15th
day before the date of the election) and ends no earlier than
the second day before the date of the election.
``(B) Hours for early voting.--Each polling place which
allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10 hours on each
day during the period;
``(ii) have uniform hours each day for which such voting
occurs; and
``(iii) allow such voting to be held for some period of
time prior to 9:00 a.m. (local time) and some period of time
after 5:00 p.m. (local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible individuals to
vote during an early voting period that ensures voters are
provided the greatest opportunity to cast ballots ahead of
Election Day and which includes at least one consecutive
Saturday and Sunday; and
``(C) each polling place which allows voting during an
early voting period under subparagraph (B) shall allow such
voting--

[[Page H97]]

``(i) during the election office's regular business hours;
and
``(ii) for a period of not less than 8 hours on Saturdays
and Sundays included in the early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction described
in subparagraph (B), paragraph (1)(B) shall not apply so long
as all eligible individuals in the jurisdiction have the
opportunity to vote--
``(i) at each polling place which allows voting during the
early voting period described in paragraph (1)(A)--

``(I) during the election office's regular business hours;
and
``(II) for a period of not less than 8 hours on at least
one Saturday and at least one Sunday included in the early
voting period; or

``(ii) at one or more polling places in the county in which
such jurisdiction is located that allows voting during the
early voting period described in paragraph (1)(A) in
accordance with the requirements under paragraph (1)(B).
``(B) Jurisdiction described.--A jurisdiction is described
in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters at the time of
the most recent prior election for Federal office; and
``(ii) consists of a geographic area that is smaller than
the jurisdiction of the county in which such jurisdiction is
located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional temporary
voting sites which provide voters more opportunities to cast
their ballots but which do not meet the requirements of this
subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for the
polling location on any day of the early voting period; or
``(C) to limit a State or jurisdiction from offering early
voting on the Monday before Election Day.
``(c) Availability of Polling Places.--To the greatest
extent practicable, each State and jurisdiction shall--
``(1) ensure that there are an appropriate number of
polling places which allow voting during an early voting
period; and
``(2) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(d) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) which allow voting during an early voting
period under subsection (b) will be located in such rural
areas; and
``(B) ensure that such polling places are located in
communities which will provide the greatest opportunity for
residents of rural areas to vote during the early voting
period.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in subsection (b)(2) or a small
jurisdiction described in subsection (b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State
or jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) which allow voting during the early
voting period under subsection (b) will be located on the
physical campus of each such institution, including each such
branch campus; and
``(B) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(e) Standards.--Not later than June 30, 2022, the
Commission shall issue voluntary standards for the
administration of voting during voting periods which occur
prior to the date of a Federal election. Subject to
subsection (c), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(f) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a
State or jurisdiction may begin processing and scanning
ballots cast during in-person early voting for tabulation
after such date if the date on which the State or
jurisdiction begins such processing and scanning ensures, to
the greatest extent practical, that ballots cast before the
date of the election are processed and scanned before the
date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State or jurisdiction to tabulate ballots
in an election before the closing of the polls on the date of
the election unless such tabulation is a necessary component
of preprocessing in the State or jurisdiction and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any results of
tabulation and processing before the closing of the polls on
the date of the election.
``(g) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Conforming Amendments Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
Freedom to Vote: John R. Lewis Act, June 30, 2022.''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), and section
1104(c), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312, respectively; and
(2) by inserting after the item relating to section 309 the
following new item:

``Sec. 310. Early voting.''.

Subtitle D--Voting by Mail

SEC. 1301. VOTING BY MAIL.

(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), and
section 1201(a), is amended--
(A) by redesignating sections 311 and 312 as sections 312
and 313, respectively; and
(B) by inserting after section 310 the following new
section:

``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

``(a) Uniform Availability of Absentee Voting to All
Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State
may not impose any additional conditions or requirements on
the eligibility of the individual to cast the vote in such
election by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as condition
of obtaining or casting ballot.--A State may not require an
individual to submit any form of identifying document as a
condition of obtaining or casting an absentee ballot, except
that nothing in this subparagraph may be construed to prevent
a State from requiring--
``(i) the information required to complete an application
for voter registration for an election for Federal office
under section 303(a)(5)(A), provided that a State may not
deny a voter a ballot or the opportunity to cast it on the
grounds that the voter does not possess a current and valid
driver's license number or a social security number; or
``(ii) a signature of the individual or similar affirmation
as a condition of obtaining or casting an absentee ballot.
``(B) Prohibiting faulty matching requirements for
identifying information.--A State may not deny a voter an
absentee ballot or reject an absentee ballot cast by a
voter--
``(i) on the grounds that the voter provided a different
form of identifying information under subparagraph (A) than
the voter originally provided when registering to vote or
when requesting an absentee ballot; or
``(ii) due to an error in, or omission of, identifying
information required by a State under subparagraph (A), if
such error or omission is not material to an individual's
eligibility to vote under section 2004(a)(2)(B) of the
Revised Statutes (52 U.S.C. 10101(a)(2)(B)).
``(C) Prohibiting requirement to provide notarization or
witness signature as condition of obtaining or casting
ballot.--A State may not require notarization or witness
signature or other formal authentication (other than voter
attestation) as a condition of obtaining or casting an
absentee ballot, except that nothing in this subparagraph may
be construed to prohibit a State from enforcing a law which
has a witness signature requirement for a ballot where a
voter oath is attested to with a mark rather than a voter's
signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section or to exempt an individual
described in paragraph (5)(A) of section 303(b) from meeting
the requirements of paragraph (5)(B).
``(b) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a condition of accepting and
counting a mail-in ballot or absentee ballot submitted by any
individual with respect to an election for Federal office
unless the State meets the due process requirements described
in paragraph (2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the individual's
signature on the mail-in ballot or absentee ballot with the
individual's signature on the official list of registered
voters in the State or another official record or other
document used by the State to verify the signatures of
voters.
``(2) Due process requirements.--

[[Page H98]]

``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot or an
absentee ballot and the appropriate State or local election
official determines that a discrepancy exists between the
signature on such ballot and the signature of such individual
on the official list of registered voters in the State or
other official record or document used by the State to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such
ballot, shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(I) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(II) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and

``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits a mail-in ballot or
an absentee ballot without a signature or submits a mail-in
ballot or an absentee ballot with another defect which, if
left uncured, would cause the ballot to not be counted, the
appropriate State or local election official, prior to making
a final determination as to the validity of the ballot,
shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(I) the ballot did not include a signature or has some
other defect; and
``(II) if the individual does not provide the missing
signature or cure the other defect prior to the expiration of
the third day following the State's deadline for receiving
mail-in ballots or absentee ballots, such ballot will not be
counted; and

``(ii) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual provides the
official with the missing signature on a form proscribed by
the State or cures the other defect.
This subparagraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(C) Other requirements.--
``(i) In general.--An election official may not make a
determination that a discrepancy exists between the signature
on a mail-in ballot or an absentee ballot and the signature
of the individual on the official list of registered voters
in the State or other official record or other document used
by the State to verify the signatures of voters unless--

``(I) at least 2 election officials make the determination;
``(II) each official who makes the determination has
received training in procedures used to verify signatures;
and
``(III) of the officials who make the determination, at
least one is affiliated with the political party whose
candidate received the most votes in the most recent
statewide election for Federal office held in the State and
at least one is affiliated with the political party whose
candidate received the second most votes in the most recent
statewide election for Federal office held in the State.

``(ii) Exception.--Clause (i)(III) shall not apply to any
State in which, under a law that is in effect continuously on
and after the date of enactment of this section,
determinations regarding signature discrepancies are made by
election officials who are not affiliated with a political
party.
``(3) Report.--
``(A) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
shall submit to the Commission a report containing the
following information for the applicable Federal election
cycle in the State:
``(i) The number of ballots invalidated due to a
discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
ballots determined valid as a result of such process.
``(B) Submission to congress.--Not later than 10 days after
receiving a report under subparagraph (A), the Commission
shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means, with
respect to any regularly scheduled election for Federal
office, the period beginning on the day after the date of the
preceding regularly scheduled general election for Federal
office and ending on the date of such regularly scheduled
general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an
absentee ballot, each State shall permit an individual to
submit an application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of
the appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the individual may
complete the application and return it to the official; or
``(B) to request that a paper copy of the application be
transmitted to the individual by mail or electronic mail so
that the individual may complete the application and return
it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible to vote
in an election for Federal office submits an application for
an absentee ballot in the election and such application is
received by the appropriate State or local election official
not later than 13 days (excluding Saturdays, Sundays, and
legal public holidays) before the date of the election, the
election official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election day.--If an
individual who is eligible to vote in an election for Federal
office submits an application for an absentee ballot in the
election and such application is received by the appropriate
State or local election official after the date described in
subparagraph (A) but not later than 7 days (excluding
Saturdays, Sundays, and legal public holidays) before the
date of the election, the election official shall, to the
greatest extent practical, ensure that the ballot and related
voting materials are mailed to the individual within 1
business day of the receipt of the application.
``(C) Rule of construction.--Nothing in this paragraph
shall preclude a State or local jurisdiction from allowing
for the acceptance and processing of absentee ballot
applications submitted or received after the date described
in subparagraph (B).
``(4) Application for all future elections.--
``(A) In general.--At the option of an individual, the
individual's application to vote by absentee ballot by mail
in an election for Federal office shall be treated as an
application for an absentee ballot by mail in all subsequent
elections for Federal office held in the State.
``(B) Duration of treatment.--
``(i) In general.--In the case of an individual who is
treated as having applied for an absentee ballot for all
subsequent elections for Federal office held in the State
under subparagraph (A), such treatment shall remain effective
until the earlier of such time as--

``(I) the individual is no longer registered to vote in the
State; or
``(II) the individual provides an affirmative written
notice revoking such treatment.

``(ii) Prohibition on revocation based on failure to
vote.--The treatment of an individual as having applied for
an absentee ballot for all subsequent elections held in the
State under subparagraph (A) shall not be revoked on the
basis that the individual has not voted in an election.
``(d) Accessibility for Individuals With Disabilities.--
Each State shall ensure that all absentee ballot
applications, absentee ballots, and related voting materials
in elections for Federal office are accessible to individuals
with disabilities in a manner that provides the same
opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State or local election official may
not refuse to accept or process a ballot submitted by an
individual by mail with respect to an election for Federal
office in the State on the grounds that the individual did
not meet a deadline for returning the ballot to the
appropriate State or local election official if--
``(A) the ballot is postmarked or otherwise indicated by
the United States Postal Service to have been mailed on or
before the date of the election; and
``(B) the ballot is received by the appropriate election
official prior to the expiration of the 7-day period which
begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 7 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--In
addition to permitting an individual to whom a ballot in an
election was provided under this section to return the ballot
to an election official by mail, each State shall permit the
individual to cast the ballot by delivering the ballot at
such times and to such locations as the State may establish,
including--
``(1) permitting the individual to deliver the ballot to a
polling place within the jurisdiction in which the individual
is registered or otherwise eligible to vote on any date on
which voting in the election is held at the polling place;
and
``(2) permitting the individual to deliver the ballot to a
designated ballot drop-off location, a tribally designated
building, or the office of a State or local election
official.

[[Page H99]]

``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation
not later than the date that is 14 days prior to the date of
the election involved, except that a State may begin
processing and scanning ballots cast by mail for tabulation
after such date if the date on which the State begins such
processing and scanning ensures, to the greatest extent
practical, that ballots cast before the date of the election
are processed and scanned before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election
unless such tabulation is a necessary component of
preprocessing in the State and is performed in accordance
with existing State law; or
``(B) to permit an official to make public any results of
tabulation and processing before the closing of the polls on
the date of the election.
``(h) Prohibiting Restrictions on Distribution of Absentee
Ballot Applications by Third Parties.--A State may not
prohibit any person from providing an application for an
absentee ballot in the election to any individual who is
eligible to vote in the election.
``(i) Rule of Construction.--Nothing in this section shall
be construed to affect the authority of States to conduct
elections for Federal office through the use of polling
places at which individuals cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to
affect the treatment of any ballot submitted by an individual
who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
``(k) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(2) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
and section 1201(c), is amended--
(A) by redesignating the items relating to sections 311 and
312 as relating to sections 312 and 313, respectively; and
(B) by inserting after the item relating to section 310 the
following new item:

``Sec. 311. Promoting ability of voters to vote by mail.''.
(b) Same-day Processing of Absentee Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:

``Sec. 3407. Same-day processing of ballots

``(a) In General.--The Postal Service shall ensure, to the
maximum extent practicable, that any ballot carried by the
Postal Service is processed by and cleared from any postal
facility or post office on the same day that the ballot is
received by that facility or post office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office
of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, is
amended by adding at the end the following:

``3407. Same-day processing of ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of
alternative methods which could be used in place of signature
verification requirements for purposes of verifying the
identification of an individual voting by mail-in or absentee
ballot in elections for Federal office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).

SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.

(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), and section 1301(a), is amended--
(A) by redesignating sections 312 and 313 as sections 313
and 314, respectively; and
(B) by inserting after section 311 the following new
section:

``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.

``(a) Requirement.--Each State shall carry out a program to
track and confirm the receipt of mail-in ballots and absentee
ballots in an election for Federal office under which the
State or local election official responsible for the receipt
of such voted ballots in the election carries out procedures
to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the
individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election official
responsible for the receipt of voted mail-in ballots and
voted absentee ballots in the election--
``(i) carries out procedures to track and confirm the
receipt of such ballots; and
``(ii) makes information on the receipt of such ballots
available to the individual who cast the ballot; and
``(C) which meets the requirements of subsection (c); or
``(2) through the ballot materials tracking service
established under section 1302(b) of the Freedom to Vote:
John R. Lewis Act.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee
ballot shall include information regarding whether the vote
cast on the ballot was accepted, and, in the case of a vote
which was rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under subparagraph
(B), the information provided under the program shall be
available by means of online access using the internet site
of the State or local election office.
``(B) Use of toll-free telephone number by officials
without internet site.--In the case of a State or local
election official whose office does not have an internet
site, the program shall require the official to establish a
toll-free telephone number that may be used by an individual
who cast an absentee ballot to obtain the information
required under subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2024 and each succeeding
election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20302(a)) is amended by striking subsection (h) and
redesignating subsection (i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2024, the
Secretary of Homeland Security, in consultation with the
Chair of the Election Assistance Commission, the Postmaster
General, the Director of the General Services Administration,
the Presidential designee, and State election officials,
shall establish a balloting materials tracking service to be
used by State and local jurisdictions to inform voters on the
status of voter registration applications, absentee ballot
applications, absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by mail,
tracking information from the United States Postal Service
and the Presidential designee on balloting materials sent to
the voter and, to the extent feasible, returned by the voter.
(B) The date on which any request by the voter for an
application for voter registration or an absentee ballot was
received.
(C) The date on which any such requested application was
sent to the voter.
(D) The date on which any such completed application was
received from the voter and the status of such application.
(E) The date on which any mail-in ballot or absentee ballot
was sent to the voter.
(F) The date on which any mail-in ballot or absentee ballot
was out for delivery to the voter.
(G) The date on which the post office processes the ballot.
(H) The date on which the returned ballot was out for
delivery to the election office.
(I) Whether such ballot was accepted and counted, and in
the case of any ballot not counted, the reason why the ballot
was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made
on whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Public availability of limited information.--
Information described in subparagraphs (E), (G), and (I) of
paragraph (2) shall be made available to political parties
and voter registration organizations, at cost to cover the
expense of providing such information, for use, in accordance
with State guidelines and procedures, in helping to return or
cure mail-in ballots during any period in which mail-in
ballots may be returned.
(5) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.

[[Page H100]]

(6) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 30201).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in
Establishing Program.--Subtitle D of title II of the Help
America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended
by adding at the end the following new part:

``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

``(a) Payments for Costs of Program.--In accordance with
this section, the Commission shall make a payment to a State
to reimburse the State for the costs incurred in establishing
the absentee ballot tracking program under section 312(b)(1)
(including costs incurred prior to the date of the enactment
of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has established an
absentee ballot tracking program with respect to elections
for Federal office held in the State; and
``(B) a statement of the costs incurred by the State in
establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which are
responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization.--There are authorized to be
appropriated to the Commission for fiscal year 2022 and each
succeeding fiscal year such sums as may be necessary for
payments under this part.
``(b) Continuing Availability of Funds.--Any amounts
appropriated pursuant to the authorization under this section
shall remain available until expended.''.
(d) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), 1044(b), section 1101(c),
section 1102(c), section 1103(a), section 1104(c), section
1201(c), and section 1301(a), is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:

``PART 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314, respectively; and
(3) by inserting after the item relating to section 311 the
following new item:

``Sec. 312. Absentee ballot tracking program.''.

SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.

(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 1301(b), is amended by adding at
the end the following:

``Sec. 3408. Postmark required for ballots

``(a) In General.--In the case of any absentee ballot
carried by the Postal Service, the Postal Service shall
indicate on the ballot envelope, using a postmark or
otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office
of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b), is amended by adding at the end
the following:

``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), and section 1302(a), is amended--
(A) by redesignating sections 313 and 314 as sections 314
and 315, respectively; and
(B) by inserting after section 312 the following new
section:

``SEC. 313. BALLOT VISIBILITY.

``(a) In General.--Each State or local election official
shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined
for a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode is utilized for any
official ballot relating to an election for Federal office
that is destined for a domestic or international address,
ensure the specific ballot service type identifier for such
mail is visible.
``(b) Effective Date.--The requirements of this section
shall apply to elections for Federal office occurring on and
after January 1, 2022.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102, 1103 and 1104, is
amended by striking ``and 309'' and inserting ``309, and
313''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), and section 1302(a), is
amended--
(A) by redesignating the items relating to sections 313 and
314 as relating to sections 314 and 315; and
(B) by inserting after the item relating to section 312 the
following new item:

``Sec. 313. Ballot visibility.''.

SEC. 1304. CARRIAGE OF ELECTION MAIL.

(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section
1301(b) and section 1303(a), is amended by adding at the end
the following:

``Sec. 3409. Domestic election mail; restriction of
operational changes prior to elections

``(a) Definition.--In this section, the term `election
mail' means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) a blank or completed absentee and other mail-in
ballot application form, and a blank or completed absentee or
other mail-in ballot, relating to an election for Federal
office, and
``(3) other materials relating to an election for Federal
office that are mailed by a State or local election official
to an individual who is registered to vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to
the Uniformed and Overseas Absentee Voting Act)),
individually or in bulk, shall be carried in accordance with
the service standards established for first-class mail under
section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting
materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)) shall be carried
free of postage.
``(d) Restriction of Operational Changes.--During the 120-
day period which ends on the date of an election for Federal
office, the Postal Service may not carry out any new
operational change that would restrict the prompt and
reliable delivery of election mail. This subsection applies
to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than
for routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall
appoint an Election Mail Coordinator at each area office and
district office to facilitate relevant information sharing
with State, territorial, local, and Tribal election officials
in regards to the mailing of election mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended
by striking ``sections 3217 and 3403 through 3406'' and
inserting ``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1301(b) and section 1303(a), is amended by
adding at the end the following:

``3409. Domestic election mail; restriction of operational
changes prior to elections.''.
(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 section.

SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR
VOTED BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), and section
1303(b) is amended--
(1) by redesignating sections 314 and 315 as sections 315
and 316, respectively; and
(2) by inserting after section 313 the following new
section:

``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.

``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall
provide in-person, secured,

[[Page H101]]

and clearly labeled drop boxes at which individuals may, at
any time during the period described in subsection (b), drop
off voted ballots in an election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The
period described in this subsection is, with respect to an
election, the period which begins on the first day on which
the jurisdiction sends mail-in ballots or absentee ballots
(other than ballots for absent uniformed overseas voters (as
defined in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or
overseas voters (as defined in section 107(5) of such Act (52
U.S.C. 20310(5)))) to voters for such election and which ends
at the time the polls close for the election in the
jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in subparagraph (B),
each drop box provided under this section shall be accessible
to voters for a reasonable number of hours each day.
``(B) 24-hour drop boxes.--
``(i) In general.--Of the number of drop boxes provided in
any jurisdiction, not less the required number shall be
accessible for 24-hours per day during the period described
in subsection (b).
``(ii) Required number.--The required number is the greater
of--

``(I) 25 percent of the drop boxes required under
subsection (d); or
``(II) 1 drop box.

``(2) Population.--
``(A) In general.--Drop boxes provided under this section
shall be accessible for use--
``(i) by individuals with disabilities, as determined in
consultation with the protection and advocacy systems (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002))
of the State;
``(ii) by individuals with limited proficiency in the
English language; and
``(iii) by homeless individuals (as defined in section 103
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)) within the State.
``(B) Determination of accessibility for individuals with
disabilities.--For purposes of this paragraph, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided under
this section is on the grounds of or inside a building or
facility which serves as a polling place for an election
during the period described in subsection (b), nothing in
this subsection may be construed to waive any requirements
regarding the accessibility of such polling place for the use
of individuals with disabilities, individuals with limited
proficiency in the English language, or homeless individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal
office held in November 2024, not less than 1 drop box for
every 45,000 registered voters located in the jurisdiction;
and
``(2) in the case of the regularly scheduled general
election for Federal office held in November 2024 and each
election for Federal office occurring thereafter, not less
than the greater of--
``(A) 1 drop box for every 45,000 registered voters located
in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were cast by
mail in the jurisdiction in the most recent general election
that includes an election for the office of President.
In no case shall a jurisdiction have less than 1 drop box for
any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine
the location of drop boxes provided under this section in a
jurisdiction on the basis of criteria which ensure that the
drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a
timely manner.
``(f) Timing of Scanning and Processing of Ballots.--For
purposes of section 311(g) (relating to the timing of the
processing and scanning of ballots for tabulation), a vote
cast using a drop box provided under this section shall be
treated in the same manner as a ballot cast by mail.
``(g) Posting of Information.--On or adjacent to each drop
box provided under this section, the State shall post
information on the requirements that voted absentee ballots
must meet in order to be counted and tabulated in the
election.
``(h) Remote Surveillance.--Nothing in this section shall
prohibit a State from providing for the security of drop
boxes through remote or electronic surveillance.
``(i) Rules for Drop Boxes on Tribal Lands.--In applying
this section with respect to Tribal lands in a jurisdiction,
the appropriate State and local election officials shall meet
the applicable requirements of the Frank Harrison, Elizabeth
Peratrovich, and Miguel Trujillo Native American Voting
Rights Act of 2021.
``(j) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(c), section 1302(a), and
section 1303(b), is amended--
(1) by redesignating the items relating to sections 314 and
315 as relating to sections 315 and 316, respectively; and
(2) by inserting after the item relating to section 313 the
following new item:

``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.

Subtitle E--Absent Uniformed Services Voters and Overseas Voters

SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND
TRANSMISSION OF ABSENTEE BALLOTS.

Section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read
as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State
shall submit a report to the Attorney General certifying that
absentee ballots for the election are or will be available
for transmission to absent uniformed services voters and
overseas voters by not later than 46 days before the
election. The report shall be in a form prescribed by the
Attorney General and shall require the State to certify
specific information about ballot availability from each unit
of local government which will administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before any
election for Federal office held in a State, the chief State
election official of such State shall submit a report
containing the information in subparagraph (B) to the
Attorney General.
``(B) Information reported.--The report under subparagraph
(A) shall consist of the following:
``(i) The total number of absentee ballots validly
requested by absent uniformed services voters and overseas
voters whose requests were received by the 47th day before
the election by each unit of local government within the
State that will transmit absentee ballots.
``(ii) The total number of ballots transmitted to such
voters by the 46th day before the election by each unit of
local government within the State that will administer the
election.
``(iii) Specific information about any late transmitted
ballots.
``(C) Requirement to supplement incomplete information.--If
the report under subparagraph (A) has incomplete information
on any items required to be included in the report, the chief
State election official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A) shall be
in a format prescribed by the Attorney General in
consultation with the chief State election officials of each
State.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the
case of a unit of local government) submit a report to the
Election Assistance Commission on the combined number of
absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the combined
number of such ballots which were returned by such voters and
cast in the election, and shall make such report available to
the general public that same day.''.

SEC. 1402. ENFORCEMENT.

(a) Availability of Civil Penalties and Private Rights of
Action.--Section 105 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20307) is amended to read as
follows:

``SEC. 105. ENFORCEMENT.

``(a) Action by Attorney General.--The Attorney General may
bring civil action in an appropriate district court for such
declaratory or injunctive relief as may be necessary to carry
out this title.
``(b) Private Right of Action.--A person who is aggrieved
by a violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive
relief as may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action
brought under this section, the only necessary party
defendant is the State, and it shall not be a defense to any
such action that a local election official or a unit of local
government is not named as a defendant, notwithstanding that
a State has exercised the authority described in section 576
of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought
under this section.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations alleged to have
occurred on or after the date of the enactment of this Act.

SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER
PROVISION.

(a) In General.--Paragraph (8) of section 102(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20302(a)) is amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.

[[Page H102]]

(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (52
U.S.C. 20302(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall transmit the
absentee ballot not later than 46 days before the election.
``(B) Special rules in case of failure to transmit on
time.--
``(i) In general.--If the State fails to transmit any
absentee ballot by the 46th day before the election as
required by subparagraph (A) and the absent uniformed
services voter or overseas voter did not request electronic
ballot transmission pursuant to subsection (f), the State
shall transmit such ballot by express delivery.
``(ii) Extended failure.--If the State fails to transmit
any absentee ballot by the 41st day before the election, in
addition to transmitting the ballot as provided in clause
(i), the State shall--

``(I) in the case of absentee ballots requested by absent
uniformed services voters with respect to regularly scheduled
general elections, notify such voters of the procedures
established under section 103A for the collection and
delivery of marked absentee ballots; and
``(II) in any other case, provide for the return of such
ballot by express delivery.

``(iii) Cost of express delivery.--In any case in which
express delivery is required under this subparagraph, the
cost of such express delivery--

``(I) shall not be paid by the voter; and
``(II) if determined appropriate by the chief State
election official, may be required by the State to be paid by
a local jurisdiction.

``(iv) Exception.--Clause (ii)(II) shall not apply when an
absent uniformed services voter or overseas voter indicates
the preference to return the late sent absentee ballot by
electronic transmission in a State that permits return of an
absentee ballot by electronic transmission.
``(v) Enforcement.--A State's compliance with this
subparagraph does not bar the Attorney General from seeking
additional remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of this provision
or to effectuate the purposes of this Act.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm, volcanic
eruption, landslide, fire, flood, or explosion), or an act of
terrorism prevents the State from transmitting any absentee
ballot by the 46th day before the election as required by
subparagraph (A), the chief State election official shall
notify the Attorney General as soon as practicable and take
all actions necessary, including seeking any necessary
judicial relief, to ensure that affected absent uniformed
services voters and overseas voters are provided a reasonable
opportunity to receive and return their absentee ballots in
time to be counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a
valid request for an absentee ballot is received less than 47
days but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot within
one business day of receipt of the request.''.

SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR
SUBSEQUENT ELECTIONS.

(a) In General.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to
read as follows:

``SEC. 104. TREATMENT OF BALLOT REQUESTS.

``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered an
application for an absentee ballot for each subsequent
election for Federal office held in the State through the end
of the calendar year following the next regularly scheduled
general election for Federal office, the State shall provide
an absentee ballot to the voter for each such subsequent
election.
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State or is otherwise no longer eligible to vote in the
State.
``(c) Prohibition of Refusal of Application on Grounds of
Early Submission.--A State may not refuse to accept or to
process, with respect to any election for Federal office, any
otherwise valid voter registration application or absentee
ballot application (including the postcard form prescribed
under section 101) submitted by an absent uniformed services
voter or overseas voter on the grounds that the voter
submitted the application before the first date on which the
State otherwise accepts or processes such applications for
that election which are submitted by absentee voters who are
not members of the uniformed services or overseas
citizens.''.
(b) Requirement for Revision to Postcard Form.--
(1) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the
form to--
(A) request an absentee ballot for each election for
Federal office held in a State through the end of the
calendar year following the next regularly scheduled general
election for Federal office; or
(B) request an absentee ballot for a specific election or
elections for Federal office held in a State during the
period described in subparagraph (A).
(2) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to voter registration and absentee
ballot applications which are submitted to a State or local
election official on or after the date of the enactment of
this Act.

SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING
PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY
PERSONNEL.

Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302), as amended by section 1302, is
amended by adding at the end the following new subsection:
``(i) Guarantee of Residency for Spouses and Dependents of
Absent Members of Uniformed Service.--For the purposes of
voting in any election for any Federal office or any State or
local office, a spouse or dependent of an individual who is
an absent uniformed services voter described in subparagraph
(A) or (B) of section 107(1) shall not, solely by reason of
that individual's absence and without regard to whether or
not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.

SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY
AND OVERSEAS VOTER EMPOWERMENT ACT AMENDMENTS
RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.

(a) In General.--Section 102(a)(3) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3))
is amended by striking ``general elections'' and inserting
``general, special, primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (52
U.S.C. 20303) is amended--
(1) in subsection (b)(2)(B), by striking ``general''; and
(2) in the heading thereof, by striking ``general''.

SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS.

Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302), as amended by sections 1302 and
1405, is amended by adding at the end the following new
subsection:
``(j) Treatment of Post Card Registrations.--A State shall
not remove any absent uniformed services voter or overseas
voter who has registered to vote using the official post card
form (prescribed under section 101) from the official list of
registered voters except in accordance with subparagraph (A),
(B), or (C) of section 8(a)(3) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507).''.

SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER
DISENFRANCHISEMENT.

(a) In General.--Not later than 1 year of enactment of this
Act, the Presidential designee shall submit to Congress a
report on the impact of wide-spread mail-in voting on the
ability of active duty military servicemembers to vote, how
quickly their votes are counted, and whether higher volumes
of mail-in votes makes it harder for such individuals to vote
in elections for Federal elections.
(b) Presidential Designee.--For purposes of this section,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).

SEC. 1409. EFFECTIVE DATE.

Except as provided in section 1402(b) and section 1404(c),
the amendments made by this subtitle shall apply with respect
to elections occurring on or after January 1, 2022.

Subtitle F--Enhancement of Enforcement

SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE
ACT OF 2002.

(a) Complaints; Availability of Private Right of Action.--
Section 401 of the Help America Vote Act of 2002 (52 U.S.C.
21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--A person
who is aggrieved by a violation of title III that impairs
their ability to cast a ballot or a provisional ballot, to
register or maintain one's registration to vote, or to vote
on a voting system meeting the requirements of such title,
which has occurred, is occurring, or is about to occur may
file a written, signed, and notarized complaint with the
Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this
section. The Attorney General shall immediately provide a
copy of a complaint filed under the previous sentence to the
entity responsible for administering the State-based
administrative complaint procedures described in section
402(a) for the State involved.
``(c) Availability of Private Right of Action.--Any person
who is authorized to file a complaint under subsection (b)
(including any

[[Page H103]]

individual who seeks to enforce the individual's right to a
voter-verifiable paper ballot, the right to have the voter-
verifiable paper ballot counted in accordance with this Act,
or any other right under title III) may file an action under
section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) to enforce the uniform and nondiscriminatory
election technology and administration requirements under
subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this
section may be construed to affect the availability of the
State-based administrative complaint procedures required
under section 402 to any person filing a complaint under this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring with respect
to elections for Federal office held in 2022 or any
succeeding year.

Subtitle G--Promoting Voter Access Through Election Administration
Modernization Improvements

PART 1--PROMOTING VOTER ACCESS

SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS
AFFECTED BY POLLING PLACE CHANGES.

(a) Requirements.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Minimum Notification Requirements for Voters Affected
by Polling Place Changes.--
``(1) Requirement for precinct-based polling.--
``(A) In general.--If an applicable individual has been
assigned to a polling place that is different than the
polling place that such individual was assigned with respect
to the most recent past election for Federal office in which
the individual was eligible to vote--
``(i) the appropriate election official shall, not later
than 2 days before the beginning of an early voting period--

``(I) notify the individual of the location of the polling
place; and
``(II) post a general notice on the website of the State or
jurisdiction, on social media platforms (if available), and
on signs at the prior polling place; and

``(ii) if such assignment is made after the date which is 2
days before the beginning of an early voting period and the
individual appears on the date of the election at the polling
place to which the individual was previously assigned, the
jurisdiction shall make every reasonable effort to enable the
individual to vote a ballot on the date of the election
without the use of a provisional ballot.
``(B) Applicable individual.--For purposes of subparagraph
(A), the term `applicable individual' means, with respect to
any election for Federal office, any individual--
``(i) who is registered to vote in a jurisdiction for such
election and was registered to vote in such jurisdiction for
the most recent past election for Federal office; and
``(ii) whose voter registration address has not changed
since such most recent past election for Federal office.
``(C) Methods of notification.--The appropriate election
official shall notify an individual under clause (i)(I) of
subparagraph (A) by mail, telephone, and (if available) text
message and electronic mail.
``(2) Requirements for vote centers.--In the case of a
jurisdiction in which individuals are not assigned to
specific polling places, not later than 2 days before the
beginning of an early voting period, the appropriate election
official shall notify each individual eligible to vote in
such jurisdiction of the location of all polling places at
which the individual may vote.
``(3) Notice with respect to closed polling places.--
``(A) In general.--If a location which served as a polling
place for an election for Federal office in a State does not
serve as a polling place in the next election for Federal
office held in the State, the State shall ensure that signs
are posted at such location on the date of the election and
during any early voting period for the election containing
the following information:
``(i) A statement that the location is not serving as a
polling place in the election.
``(ii) The locations serving as polling places in the
election in the jurisdiction involved.
``(iii) The name and address of any substitute polling
place serving the same precinct and directions from the
former polling place to the new polling place.
``(iv) Contact information, including a telephone number
and website, for the appropriate State or local election
official through which an individual may find the polling
place to which the individual is assigned for the election.
``(B) Internet posting.--Each State which is required to
post signs under subparagraph (A) shall also provide such
information through a website and through social media (if
available).
``(4) Linguistic preference.--The notices required under
this subsection shall comply with the requirements of section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(e) of such Act (52
U.S.C. 21082(e)), as redesignated by subsection (a), is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (d)(4), each State''.

SEC. 1602. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.

Paragraphs (6) and (8) of section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20310) are
each amended by striking ``and American Samoa'' and inserting
``American Samoa, and the Commonwealth of the Northern
Mariana Islands''.

SEC. 1603. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL
ELECTION AND RUNOFF ELECTION FOR FEDERAL
ELECTIONS IN THE VIRGIN ISLANDS AND GUAM.

Section 2 of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands
shall each be represented in Congress by a Delegate to the
House of Representatives'', approved April 10, 1972 (48
U.S.C. 1712), is amended--
(1) by striking ``(a) The Delegate'' and inserting ``The
Delegate'';
(2) by striking ``on the fourteenth day following such an
election'' in the fourth sentence of subsection (a); and
(3) by striking subsection (b).

SEC. 1604. APPLICATION OF FEDERAL ELECTION ADMINISTRATION
LAWS TO TERRITORIES OF THE UNITED STATES.

(a) National Voter Registration Act of 1993.--Section 3(4)
of the National Voter Registration Act of 1993 (52 U.S.C.
20502(4)) is amended by striking ``States and the District of
Columbia'' and inserting ``States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141) is amended by striking ``and the United
States Virgin Islands'' and inserting ``the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52 U.S.C.
20943(a)(2)) is amended by striking ``and American Samoa''
and inserting ``American Samoa, and the Commonwealth of the
Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by
striking ``or the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--
Section 90102(c) of title 36, United States Code, is amended
by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.

SEC. 1605. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO
TERRITORIES OF THE UNITED STATES.

(a) Intimidation of Voters.--Section 594 of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.
(b) Interference by Government Employees.--Section 595 of
title 18, United States Code, is amended by striking
``Delegate from the District of Columbia, or Resident
Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18,
United States Code, is amended by striking ``Delegate from
the District of Columbia, or Resident Commissioner,'' and
inserting ``or Delegate or Resident Commissioner to the
Congress''.

SEC. 1606. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.

(a) In General.--
(1) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
and section 1305(a), is amended--
(A) by redesignating sections 315 and 316 as sections 316
and 317, respectively; and
(B) by inserting after section 314 the following new
section:

``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF
POLLING PLACES.

``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State or jurisdiction shall take
reasonable efforts to provide a sufficient number of voting
systems, poll workers, and other election resources
(including physical resources) at a polling place used in any
election for Federal office, including a polling place at
which individuals may cast ballots prior to the date of the
election, to ensure--
``(A) a fair and equitable waiting time for all voters in
the State or jurisdiction; and
``(B) that no individual will be required to wait longer
than 30 minutes to cast a ballot at the polling place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided
at a polling place for purposes of paragraph (1), the State
or jurisdiction shall take into account the following
factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered since the
most recent Federal election.
``(E) Census data for the population served by the polling
place, such as the proportion of the voting-age population
who are under 25 years of age or who are naturalized
citizens.
``(F) The needs and numbers of voters with disabilities and
voters with limited English proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives, referenda,
and other questions on the ballot.

[[Page H104]]

``(I) Such other factors, including relevant demographic
factors relating to the population served by the polling
place, as the State considers appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to authorize a State or jurisdiction to meet the
requirements of this subsection by closing any polling place,
prohibiting an individual from entering a line at a polling
place, or refusing to permit an individual who has arrived at
a polling place prior to closing time from voting at the
polling place; or
``(B) to limit the use of mobile voting centers.
``(b) Limiting Variations on Number of Hours of Operation
of Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (2), each State shall establish hours of
operation for all polling places in the State on the date of
any election for Federal office held in the State such that
the polling place with the greatest number of hours of
operation on such date is not in operation for more than 2
hours longer than the polling place with the fewest number of
hours of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the State
establishes variations in the hours of operation of polling
places on the basis of the overall population or the voting
age population (as the State may select) of the unit of local
government in which such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply
in the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local government in
which the polling place is located; or
``(B) which is required pursuant to an order by a court to
extend its hours of operation beyond the hours otherwise
established.
``(c) Ensuring Access to Polling Places for Voters.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place used on the date of the election is
located within walking distance of a stop on a public
transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) used on the date of the election will be
located in such rural areas; and
``(B) ensure that such polling places are located in
communities which will provide the greatest opportunity for
residents of rural areas to vote on Election Day.
``(3) Campuses of institutions of higher education.--In the
case of a jurisdiction that is not considered a vote by mail
jurisdiction described in section 310(b)(2) or a small
jurisdiction described in section 310(b)(3) and that includes
an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a branch campus of such an institution, the State
or jurisdiction shall--
``(A) ensure that an appropriate number of polling places
(not less than one) used on the date of the election will be
located on the physical campus of each such institution,
including each such branch campus; and
``(B) ensure that such polling places provide the greatest
opportunity for residents of the jurisdiction to vote.
``(d) Effective Date.--This section shall take effect upon
the expiration of the 180-day period which begins on the date
of the enactment of this subsection.''.
(2) Conforming amendments relating to issuance of voluntary
guidance by election assistance commission.--Section 321(b)
of such Act (52 U.S.C. 21101(b)), as redesignated and amended
by section 1101(b) and as amended by sections, 1102, 1103,
1104, and 1201, is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6);
(C) in paragraph (6), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (4) or (5)''; and
(D) by inserting after paragraph (4) the following new
paragraph:
``(5) in the case of the recommendations with respect to
section 315, 180 days after the date of the enactment of such
section; and''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), and section 1305(b), is amended--
(A) by redesignating the items relating to sections 315 and
316 as relating to sections 316 and 317, respectively; and
(B) by inserting after the item relating to section 314 the
following new item:

``Sec. 315. Ensuring equitable and efficient operation of
polling places.''.
(b) Study of Methods to Enforce Fair and Equitable Waiting
Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a
joint study of the effectiveness of various methods of
enforcing the requirements of section 315(a) of the Help
America Vote Act of 2002, as added by subsection (a),
including methods of best allocating resources to
jurisdictions which have had the most difficulty in providing
a fair and equitable waiting time at polling places to all
voters, and to communities of color in particular.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish
and submit to Congress a report on the study conducted under
paragraph (1).

SEC. 1607. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
section 1305(a), and section 1606(a)(1), is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:

``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE
VOTING.

``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside
voting as a method by which individuals may cast ballots in
the election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by such method.
``(b) Effective Date.--This section shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
election for Federal office.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), and section 1606(a)(3), is
amended--
(1) by redesignating the items relating to sections 316 and
317 as relating to sections 317 and 318, respectively; and
(2) by inserting after the item relating to section 315 the
following new item:

``Sec. 316. Prohibiting States from restricting curbside
voting.''.

PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

Section 210 of the Help America Vote Act of 2002 (52 U.S.C.
20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2022 and each
succeeding fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.

SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION
ASSISTANCE COMMISSION.

(a) Assessment of Information Technology and
Cybersecurity.--Not later than June 30, 2022, the Election
Assistance Commission shall carry out an assessment of the
security and effectiveness of the Commission's information
technology systems, including the cybersecurity of such
systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of
the Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than June 30, 2022, the Commission shall submit to Congress a
report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve
the procedures which are the subject of the review.

SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE
COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING
REQUIREMENTS.

(a) In General.--Section 205 of the Help America Vote Act
of 2002 (52 U.S.C. 20925) is amended by striking subsection
(e).
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into by the
Election Assistance Commission on or after the date of the
enactment of this Act.

PART 3--MISCELLANEOUS PROVISIONS

SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.

(a) Definition.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the
end the following new section:

``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.

``For purposes of titles I through III, the term `election
for Federal office' means a general, special, primary, or
runoff election for the office of President or Vice
President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
title IX the following new item:

``Sec. 907. Election for Federal office defined.''.

SEC. 1622. NO EFFECT ON OTHER LAWS.

(a) In General.--Except as specifically provided, nothing
in this title may be construed to authorize or require
conduct prohibited under any of the following laws, or to
supersede, restrict, or limit the application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).

[[Page H105]]

(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under
Voting Rights Act.--The approval by any person of a payment
or grant application under this title, or any other action
taken by any person under this title, shall not be considered
to have any effect on requirements for preclearance under
section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304)
or any other requirements of such Act.
(c) No Effect on Authority of States To Provide Greater
Opportunities for Voting.--Nothing in this title or the
amendments made by this title may be construed to prohibit
any State from enacting any law which provides greater
opportunities for individuals to register to vote and to vote
in elections for Federal office than are provided by this
title and the amendments made by this title.

SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT
VOTER REGISTRATION.

To the extent that any provision of this title or any
amendment made by this title imposes a requirement on a State
relating to registering individuals to vote in elections for
Federal office, such provision shall not apply in the case of
any State in which, under law that is in effect continuously
on and after the date of the enactment of this Act, there is
no voter registration requirement for any voter in the State
with respect to an election for Federal office.

SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT
COLLECT TELEPHONE INFORMATION.

(a) Amendment to Help America Vote Act of 2002.--Subtitle A
of title III of the Help America Vote Act of 2002 (52 U.S.C.
21081 et seq.), as amended by section 1031(a), section
1044(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1201(a), section 1301(a), section
1302(a), section 1303(b), section 1305(a), section
1606(a)(1), and section 1607(a), is amended--
(1) by redesignating sections 317 and 318 as sections 318
and 319, respectively; and
(2) by inserting after section 316 the following new
section:

``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH
DO NOT COLLECT TELEPHONE INFORMATION.

``(a) In General.--To the extent that any provision of this
title imposes a requirement on a State or jurisdiction
relating to contacting voters by telephone, such provision
shall not apply in the case of any State which continuously
on and after the date of the enactment of this Act, does not
collect telephone numbers for voters as part of voter
registration in the State with respect to an election for
Federal office.
``(b) Exception.--Subsection (a) shall not apply in any
case in which the voter has voluntarily provided telephone
information.''.
(b) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), section 1606(a)(3), and section
1607(b), is amended--
(1) by redesignating the items relating to sections 317 and
318 as relating to sections 318 and 319, respectively; and
(2) by inserting after the item relating to section 316 the
following new item:

``Sec. 317. Application of certain provisions to States
which do not collect telephone information.''.

Subtitle H--Democracy Restoration

SEC. 1701. SHORT TITLE.

This subtitle may be cited as the ``Democracy Restoration
Act of 2021''.

SEC. 1702. FINDINGS.

Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections,
an authority which has repeatedly been upheld by the United
States Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous
condition of servitude. The 13th, 14th, 15th, 19th, 24th, and
26th Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections.
The 8th Amendment to the Constitution provides for no
excessive bail to be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in Federal
elections leads to an unfair disparity and unequal
participation in Federal elections based solely on where a
person lives;
(B) laws governing the restoration of voting rights after a
criminal conviction vary throughout the country and persons
in some States can easily regain their voting rights while in
other States persons effectively lose their right to vote
permanently; and
(C) State disenfranchisement laws disproportionately impact
racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do
not disenfranchise individuals with criminal convictions at
all. In 2020, the District of Columbia re-enfranchised its
citizens who are under the supervision of the Federal Bureau
of Prisons. Twenty-eight states disenfranchise certain
individuals on felony probation or parole. In 11 States, a
conviction for certain offenses can result in lifetime
disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2020, an estimated 5,200,000 citizens of the United
States, or about 1 in 44 adults in the United States, could
not vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting then, only 24 percent were in
prison. By contrast, 75 percent of persons disenfranchised
then resided in their communities while on probation or
parole or after having completed their sentences.
Approximately 2,200,000 citizens who had completed their
sentences were disenfranchised due to restrictive State laws.
As of November 2018, the lifetime ban for persons with
certain felony convictions was eliminated through a Florida
ballot initiative. As a result, as many as 1,400,000 people
are now eligible to have their voting rights restored. In 4
States--Alabama, Florida, Mississippi, and Tennessee--more
than 7 percent of the total population is disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform
and potentially discriminatory manner. Disenfranchised
individuals sometimes must either obtain a pardon or an order
from the Governor or an action by the parole or pardon board,
depending on the offense and State. Individuals convicted of
a Federal offense often have additional barriers to regaining
voting rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
states--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the states that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-
American population, or 1,800,000 African Americans, are
disenfranchised due to a felony conviction. In 9 States--
Alabama (16 percent), Arizona (13 percent), Florida (15
percent), Kentucky (15 percent), Mississippi (16 percent),
South Dakota (14 percent), Tennessee (21 percent), Virginia
(16 percent), and Wyoming (36 percent)--more than 1 in 8
African Americans are unable to vote because of a felony
conviction, twice the national average for African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. In recent
years, Latinos have been imprisoned at 2.5 times the rate of
Whites. More than 2 percent of the voting-age Latino
population, or 560,000 Latinos, are disenfranchised due to a
felony conviction. In 34 states Latinos are disenfranchised
at a higher rate than the general population. In 11 states 4
percent or more of Latino adults are disenfranchised due to a
felony conviction (Alabama, 4 percent; Arizona, 7 percent;
Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent;
Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5
percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming,
4 percent), twice the national average for Latinos.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders
their rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised
persons. Future electoral participation by the children of
disenfranchised parents may be impacted as well. Models of
successful re-entry for persons convicted of a crime
emphasize the importance of community ties, feeling vested
and integrated, and prosocial attitudes. Individuals with
criminal convictions who succeed in avoiding recidivism are
typically more likely to see themselves as law-abiding
members of the community. Restoration of voting rights builds
those qualities and facilitates reintegration into the
community. That is why allowing citizens with criminal
convictions who are living in a community to vote is
correlated with a lower likelihood of recidivism. Restoration
of voting rights thus reduces violence and protects public
safety.
(14) The United States is one of the only Western
democracies that permits the permanent denial of voting
rights for individuals with felony convictions.
(15) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic
precept of justice ``that punishment for crime should be
graduated and proportioned to [the]

[[Page H106]]

offense.'' Id. (quoting Weems v. United States, 217 U.S. 349,
367 (1910)). As the Supreme Court has long recognized,
``[t]he concept of proportionality is central to the Eighth
Amendment.'' (Graham v. Florida, 560 U.S. 48, 59 (2010)).
Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to
disenfranchisement and thus violate the bar on cruel and
unusual punishments. For example, a number of states mandate
lifetime disenfranchisement for a single felony conviction or
just two felony convictions, even where the convictions were
for non-violent offenses. In numerous other States,
disenfranchisement can last years or even decades while
individuals remain on probation or parole, often only because
a person cannot pay their legal financial obligations. These
kinds of extreme voting bans run afoul of the Eighth
Amendment.
(16) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States
or any State by reason of failure to pay any poll tax or
other tax.''. Section 2 of the Twenty-Fourth Amendment gives
Congress the power to enforce this article by appropriate
legislation. Court fines and fees that individuals must pay
to have their voting rights restored constitute an ``other
tax'' for purposes of the Twenty-Fourth Amendment. At least
five States explicitly require the payment of fines and fees
before individuals with felony convictions can have their
voting rights restored. More than 20 other states effectively
tie the right to vote to the payment of fines and fees, by
requiring that individuals complete their probation or parole
before their rights are restored. In these States, the non-
payment of fines and fees is a basis on which probation or
parole can be extended. Moreover, these states sometimes do
not record the basis on which an individual's probation or
parole was extended, making it impossible to determine from
the State's records whether non-payment of fines and fees is
the reason that an individual remains on probation or parole.
For these reasons, the only way to ensure that States do not
deny the right to vote based solely on non-payment of fines
and fees is to prevent States from conditioning voting rights
on the completion of probation or parole.

SEC. 1703. RIGHTS OF CITIZENS.

The right of an individual who is a citizen of the United
States to vote in any election for Federal office shall not
be denied or abridged because that individual has been
convicted of a criminal offense unless such individual is
serving a felony sentence in a correctional institution or
facility at the time of the election.

SEC. 1704. ENFORCEMENT.

(a) Attorney General.--The Attorney General may, in a civil
action, obtain such declaratory or injunctive relief as is
necessary to remedy a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation
to the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt
of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may, in a civil action, obtain declaratory
or injunctive relief with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief
election official of the State under paragraph (1) before
bringing a civil action to obtain declaratory or injunctive
relief with respect to the violation.

SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall--
(A) notify in writing any individual who has been convicted
of a criminal offense under the law of that State that such
individual--
(i) has the right to vote in an election for Federal office
pursuant to the Democracy Restoration Act of 2021; and
(ii) may register to vote in any such election; and
(B) provide such individual with any materials that are
necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given on the date on which the
individual--
(i) is sentenced to serve only a term of probation; or
(ii) is released from the custody of that State (other than
to the custody of another State or the Federal Government to
serve a term of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a State
court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law--
(A) shall be notified in accordance with paragraph (2) that
such individual--
(i) has the right to vote in an election for Federal office
pursuant to the Democracy Restoration Act of 2021; and
(ii) may register to vote in any such election; and
(B) shall be provided with any materials that are necessary
to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an individual
who has been convicted of a felony, the notification required
under paragraph (1) shall be given--
(i) in the case of an individual who is sentenced to serve
only a term of probation, by the Assistant Director for the
Office of Probation and Pretrial Services of the
Administrative Office of the United States Courts on the date
on which the individual is sentenced; or
(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the date that is 6
months before such individual is released and ending on the
date such individual is released from the custody of the
Bureau of Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be given on
the date on which such individual is sentenced by a court
established by an Act of Congress.

SEC. 1706. DEFINITIONS.

For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center
(or similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party held to
nominate a candidate;
(C) a primary election held for the selection of delegates
to a national nominating convention of a political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election to the
office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States,
or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without
a condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an officer of
the court; or
(D) supervision of the individual by an officer of the
court.

SEC. 1707. RELATION TO OTHER LAWS.

(a) State Laws Relating to Voting Rights.--Nothing in this
subtitle may be construed to prohibit the States from
enacting any State law which affords the right to vote in any
election for Federal office on terms less restrictive than
those established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies
established by this subtitle--
(1) are in addition to all other rights and remedies
provided by law, and
(2) shall not supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or
the National Voter Registration Act of 1993 (52 U.S.C. 20501
et seq.).

SEC. 1708. FEDERAL PRISON FUNDS.

No State, unit of local government, or other person may
receive or use, to construct or otherwise improve a prison,
jail, or other place of incarceration, any Federal funds
unless that person has in effect a program under which each
individual incarcerated in that person's jurisdiction who is
a citizen of the United States is notified, upon release from
such incarceration, of that individual's rights under section
1703.

SEC. 1709. EFFECTIVE DATE.

This subtitle shall apply to citizens of the United States
voting in any election for Federal office held after the date
of the enactment of this Act.

Subtitle I--Voter Identification and Allowable Alternatives

SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.

(a) Requirement to Provide Identification as Condition of
Receiving Ballot.--Section 303 of the Help America Vote Act
of 2002 (52 U.S.C. 21083) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e),
respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Voter Identification Requirements.--
``(1) Voter identification requirement defined.--For
purposes of this subsection:
``(A) In general.--The term `voter identification
requirement' means any requirement that an individual
desiring to vote in person in an election for Federal office
present identification as a requirement to receive or cast a
ballot in person in such election.
``(B) Exception.--Such term does not include any
requirement described in subsection (b)(2)(A) as applied with
respect to an individual described in subsection (b)(1).
``(2) In general.--If a State or local jurisdiction has a
voter identification requirement, the State or local
jurisdiction--
``(A) shall treat any applicable identifying document as
meeting such voter identification requirement;
``(B) notwithstanding the failure to present an applicable
identifying document, shall treat an individual desiring to
vote in person in an election for Federal office as meeting
such voter identification requirement if--
``(i) the individual presents the appropriate State or
local election official with a sworn written statement,
signed in the presence of the official by an adult who has
known the individual

[[Page H107]]

for at least six months under penalty of perjury, attesting
to the individual's identity;
``(ii) the official has known the individual for at least
six months; or
``(iii) in the case of a resident of a State-licensed care
facility, an employee of the facility confirms the
individual's identity; and
``(C) shall permit any individual desiring to vote in an
election for Federal office who does not present an
applicable identifying document required under subparagraph
(A) or qualify for an exception under subparagraph (B) to
cast a provisional ballot with respect to the election under
section 302 in accordance with paragraph (3).
``(3) Rules for provisional ballot.--
``(A) In general.--An individual may cast a provisional
ballot pursuant to paragraph (2)(C) so long as the individual
presents the appropriate State or local election official
with a sworn written statement, signed by the individual
under penalty of perjury, attesting to the individual's
identity.
``(B) Prohibition on other requirements.--Except as
otherwise provided this paragraph, a State or local
jurisdiction may not impose any other additional requirement
or condition with respect to the casting of a provisional
ballot by an individual described in paragraph (2)(C).
``(C) Counting of provisional ballot.--In the case of a
provisional ballot cast pursuant to paragraph (2)(C), the
appropriate State or local election official shall not make a
determination under section 302(a)(4) that the individual is
eligible under State law to vote in the election unless--
``(i) the official determines that the signature on such
statement matches the signature of such individual on the
official list of registered voters in the State or other
official record or document used by the State to verify the
signatures of voters; or
``(ii) not later than 10 days after casting the provisional
ballot, the individual presents an applicable identifying
document, either in person or by electronic methods, to the
official and the official confirms the individual is the
person identified on the applicable identifying document.
``(D) Notice and opportunity to cure discrepancy in
signatures or other defects on provisional ballots.--
``(i) Notice and opportunity to cure discrepancy in
signatures.--If an individual casts a provisional ballot
under this paragraph and the appropriate State or local
election official determines that a discrepancy exists
between the signature on such ballot and the signature of
such individual on the official list of registered voters in
the State or other official record or document used by the
State to verify the signatures of voters, such election
official, prior to making a final determination as to the
validity of such ballot, shall--

``(I) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(aa) a discrepancy exists between the signature on such
ballot and the signature of the individual on the official
list of registered voters in the State or other official
record or document used by the State to verify the signatures
of voters; and
``(bb) if such discrepancy is not cured prior to the
expiration of the third day following the State's deadline
for receiving mail-in ballots or absentee ballots, such
ballot will not be counted; and

``(II) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.

``(ii) Notice and opportunity to cure other defects.--If an
individual casts a provisional ballot under this paragraph
with a defect which, if left uncured, would cause the ballot
to not be counted, the appropriate State or local election
official, prior to making a final determination as to the
validity of the ballot, shall--

``(aa) the ballot has some defect; and
``(bb) if the individual does not cure the other defect
prior to the expiration of the third day following the
State's deadline for receiving mail-in ballots or absentee
ballots, such ballot will not be counted; and

``(II) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual cures the
defect.

``(E) No exemption.--Notwithstanding section 302(a), States
described in section 4(b) of the National Voter Registration
Act of 1993 shall be required to meet the requirements of
paragraph (2)(C).
``(F) Rule of construction.--
``(i) In general.--Nothing in paragraph (2)(C) or this
paragraph shall be construed to prevent a State from
permitting an individual who provides a sworn statement
described in subparagraph (A) to cast a regular ballot in
lieu of a provisional ballot.
``(ii) Regular ballot.--For purpose of this subparagraph,
the term `regular ballot' means a ballot which is cast and
counted in same manner as ballots cast by individuals meeting
the voter identification requirement (and all other
applicable requirements with respect to voting in the
election).
``(4) Development and use of pre-printed version of
statement by commission.--
``(A) In general.--The Commission shall develop pre-printed
versions of the statements described in paragraphs (2)(B)(i)
and (3)(A) which include appropriate blank spaces for the
provision of names and signatures.
``(B) Providing pre-printed copy of statement.--Each State
and jurisdiction that has a voter identification requirement
shall make copies of the pre-printed version of the statement
developed under subparagraph (A) available at polling places
for use by individuals voting in person.
``(5) Required provision of identifying documents.--
``(A) In general.--Each State and jurisdiction that has a
voter identification requirement shall--
``(i) for each individual who, on or after the applicable
date, is registered to vote in such State or jurisdiction in
elections for Federal office, provide the individual with a
government-issued identification that meets the requirements
of this subsection without charge;
``(ii) for each individual who, before the applicable date,
was registered to vote in such State or jurisdiction in
elections for Federal office but does not otherwise possess
an identifying document, provide the individual with a
government-issued identification that meets the requirements
of this subsection without charge, so long as the State
provides the individual with reasonable opportunities to
obtain such identification prior to the date of the election;
and
``(iii) for each individual who is provided with an
identification under clause (i) or clause (ii), provide the
individual with such assistance without charge upon request
as may be necessary to enable the individual to obtain and
process any documentation necessary to obtain the
identification.
``(B) Applicable date.--For purposes of this paragraph, the
term `applicable date' means the later of--
``(i) January 1, 2022, or
``(ii) the first date after the date of the enactment of
this subsection for which the State or local jurisdiction has
in effect a voter identification requirement.
``(6) Applicable identifying document.--For purposes of
this subsection--
``(A) In general.--The term `applicable identifying
document' means, with respect to any individual, any document
issued to such individual containing the individual's name.
``(B) Included documents.--The term `applicable identifying
document' shall include any of the following (so long as such
document is not expired, as indicated by an expiration date
included on the document):
``(i) A valid driver's license or an identification card
issued by a State, the Federal Government, or a State or
federally recognized Tribal government.
``(ii) A State-issued identification described in paragraph
(4).
``(iii) A valid United States passport or passport card.
``(iv) A valid employee identification card issued by--

``(I) any branch, department, agency, or entity of the
United States Government or of any State,
``(II) any State or federally recognized Tribal government,
or
``(III) any county, municipality, board, authority, or
other political subdivision of a State.

``(v) A valid student identification card issued by an
institution of higher education, or a valid high school
identification card issued by a State-accredited high school.
``(vi) A valid military identification card issued by the
United States.
``(vii) A valid gun license or concealed carry permit.
``(viii) A valid Medicare card or Social Security card.
``(ix) A valid birth certificate.
``(x) A valid voter registration card.
``(xi) A valid hunting or fishing license issued by a
State.
``(xii) A valid identification card issued to the
individual by the Supplemental Nutrition Assistance (SNAP)
program.
``(xiii) A valid identification card issued to the
individual by the Temporary Assistance for Needy Families
(TANF) program.
``(xiv) A valid identification card issued to the
individual by Medicaid.
``(xv) A valid bank card or valid debit card.
``(xvi) A valid utility bill issued within six months of
the date of the election.
``(xvii) A valid lease or mortgage document issued within
six months of the date of the election.
``(xviii) A valid bank statement issued within six months
of the date of the election.
``(xix) A valid health insurance card issued to the voter.
``(xx) Any other document containing the individual's name
issued by--

``(I) any branch, department, agency, or entity of the
United States Government or of any State;
``(II) any State or federally recognized tribal government;
or
``(III) any county, municipality, board, authority, or
other political subdivision of a State.

``(C) Copies and electronic documents accepted.--The term
`applicable identifying document' includes--
``(i) any copy of a document described in subparagraph (A)
or (B); and
``(ii) any document described in subparagraph (A) or (B)
which is presented in electronic format.''.
(b) Payments to States to Cover Costs of Required
Identification Documents.--
(1) In general.--The Election Assistance Commission shall
make payments to States to cover the costs incurred in
providing identifications under section 303(c)(5) of the Help
America Vote Act of 2002, as amended by this section.
(2) Amount of payment.--The amount of the payment made to a
State under this subsection for any year shall be equal to
the amount of fees which would have been collected by the
State

[[Page H108]]

during the year in providing the identifications required
under section 303(c)(5) of such Act if the State had charged
the usual and customary rates for such identifications, as
determined on the basis of information furnished to the
Commission by the State at such time and in such form as the
Commission may require.
(3) Authorization of appropriations.--There are authorized
to be appropriated for payments under this subsection an
aggregate amount of $5,000,000 for fiscal year 2022 and each
of the 4 succeeding fiscal years.
(c) Conforming Amendments.--Section 303(b)(2)(A) of the
Help America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is
amended--
(1) in clause (i), by striking ``in person'' and all that
follows and inserting ``in person, presents to the
appropriate State or local election official an applicable
identifying document (as defined in subsection (c)(6)); or'';
and
(2) in clause (ii), by striking ``by mail'' and all that
follows and inserting ``by mail, submits with the ballot an
applicable identifying document (as so defined).''.
(d) Definition.--For the purposes of this section, the term
``State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
(e) Effective Date.--Section 303(e) of such Act (52 U.S.C.
21083(d)(2)), as redesignated by subsection (a), is amended
by adding at the end the following new paragraph:
``(3) Voter identification requirements.--Each State and
jurisdiction shall be required to comply with the
requirements of subsection (c) with respect to elections for
Federal office held on or after January 1, 2022.''.

Subtitle J--Voter List Maintenance Procedures

PART 1--VOTER CAGING PROHIBITED

SEC. 1901. VOTER CAGING PROHIBITED.

(a) Definitions.--In this section--
(1) the term ``voter caging document'' means--
(A) a non-forwardable document sent by any person other
than a State or local election official that is returned to
the sender or a third party as undelivered or undeliverable
despite an attempt to deliver such document to the address of
a registered voter or applicant; or
(B) any document sent by any person other than a State or
local election official with instructions to an addressee
that the document be returned to the sender or a third party
but is not so returned, despite an attempt to deliver such
document to the address of a registered voter or applicant;
(2) the term ``voter caging list'' means a list of
individuals compiled from voter caging documents; and
(3) the term ``unverified match list'' means any list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals
who are ineligible to vote in the registrar's jurisdiction,
by virtue of death, conviction, change of address, or
otherwise, unless one of the pieces of information matched
includes a signature, photograph, or unique identifying
number ensuring that the information from each source refers
to the same individual.
(b) Prohibition Against Voter Caging.--No State or local
election official shall prevent an individual from
registering or voting in any election for Federal office, or
permit in connection with any election for Federal office a
formal challenge under State law to an individual's
registration status or eligibility to vote, if the basis for
such decision is evidence consisting of--
(1) a voter caging document or voter caging list;
(2) an unverified match list;
(3) an error or omission on any record or paper relating to
any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004(a)(2)(B)
of the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it
is corroborated by independent evidence of the individual's
ineligibility to register or vote.
(c) Enforcement.--
(1) Civil enforcement.--
(A) In general.--The Attorney General may bring a civil
action in an appropriate district court for such declaratory
or injunctive relief as is necessary to carry out this
section.
(B) Private right of action.--
(i) In general.--A person who is aggrieved by a violation
of this section may provide written notice of the violation
to the chief election official of the State involved.
(ii) Relief.--Except as provided in clause (iii), if the
violation is not corrected within 90 days after receipt of a
notice under clause (i), or within 20 days after receipt of
the notice if the violation occurred within 120 days before
the date of an election for Federal office, the aggrieved
person may, in a civil action, obtain declaratory or
injunctive relief with respect to the violation.
(iii) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, on the
date of the election, or after the date of the election but
prior to the completion of the canvass, the aggrieved person
need not provide notice under clause (i) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
(2) Criminal penalty.--Whoever knowingly challenges the
eligibility of one or more individuals to register or vote or
knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that
one or more eligible voters be disqualified, shall be fined
under title 18, United States Code, or imprisoned not more
than 1 year, or both, for each such violation. Each violation
shall be a separate offense.
(d) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to
affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).

PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING

SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF
REGISTERED VOTERS.

(a) Conditions Described.--The National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting
after section 8 the following new section:

``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL
LIST OF REGISTERED VOTERS.

``(a) Verification on Basis of Objective and Reliable
Evidence of Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote
in elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence,
that the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1),
except as permitted under section 8(d) after a notice
described in paragraph (2) of such section has been sent, the
following factors, or any combination thereof, shall not be
treated as objective and reliable evidence of a registrant's
ineligibility to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to any
election mail, unless the election mail has been returned as
undeliverable.
``(C) The failure of the registrant to take any other
action with respect to voting in any election or with respect
to the registrant's status as a registrant.
``(3) Removal based on official records.--
``(A) In general.--Nothing in this section shall prohibit a
State from removing a registrant from the official list of
eligible voters in elections for Federal office if, on the
basis of official records maintained by the State, a State or
local election official knows, on the basis of objective and
reliable evidence, that the registrant has--
``(i) died; or
``(ii) permanently moved out of the State and is no longer
eligible to vote in the State.
``(B) Opportunity to demonstrate eligibility.--The State
shall provide a voter removed from the official list of
eligible voters in elections for Federal office under this
paragraph an opportunity to demonstrate that the registrant
is eligible to vote and be reinstated on the official list of
eligible voters in elections for Federal office in the State.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a State
removes the name of a registrant from the official list of
eligible voters, the State shall send notice of the removal
to the former registrant, and shall include in the notice the
grounds for the removal and information on how the former
registrant may contest the removal or be reinstated,
including a telephone number for the appropriate election
official.
``(B) Exceptions.--Subparagraph (A) does not apply in the
case of a registrant--
``(i) who sends written confirmation to the State that the
registrant is no longer eligible to vote in the registrar's
jurisdiction in which the registrant was registered; or
``(ii) who is removed from the official list of eligible
voters by reason of the death of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters
(as described in section 8(a)(4)), the State shall
disseminate a public notice through such methods as may be
reasonable to reach the general public (including by
publishing the notice in a newspaper of wide circulation and
posting the notice on the websites of the appropriate
election officials) that list maintenance is taking place and
that registrants should check their registration status to
ensure no errors or mistakes have been made. The State shall
ensure that the public notice disseminated under this
paragraph is in a format that is reasonably convenient and
accessible to voters with disabilities, including voters who
have low vision or are blind.''.
(b) Conditions for Transmission of Notices of Removal.--
Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by
adding at the end the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A))
is amended by striking ``registrants'' the second place it
appears and inserting ``and subject to section 8A of such
Act, registrants''.

[[Page H109]]

(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

Subtitle K--Severability

SEC. 1921. SEVERABILITY.

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

DIVISION B--ELECTION INTEGRITY

TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR
PREVENTING VOTER REGISTRATION.

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

``Sec. 612. Hindering, interfering with, or preventing
registering to vote

``(a) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
registering to vote or to corruptly hinder, interfere with,
or prevent another person from aiding another person in
registering to vote.
``(b) Attempt.--Any person who attempts to commit any
offense described in subsection (a) shall be subject to the
same penalties as those prescribed for the offense that the
person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned not more than 5
years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 18, United States Code, is amended by adding at
the end the following new item:

``612. Hindering, interfering with, or preventing
registering to vote.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act, except that no person may
be found to have violated section 612 of title 18, United
States Code (as added by subsection (a)), on the basis of any
act occurring prior to the date of the enactment of this Act.

SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.

(a) Best Practices.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
develop and publish recommendations for best practices for
States to use to deter and prevent violations of section 612
of title 18, United States Code (as added by section 2001),
and section 12 of the National Voter Registration Act of 1993
(52 U.S.C. 20511) (relating to the unlawful interference with
registering to vote, or voting, or attempting to register to
vote or vote), including practices to provide for the posting
of relevant information at polling places and voter
registration agencies under such Act, the training of poll
workers and election officials, and relevant educational
materials. For purposes of this subsection, the term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of section
612 of title 18, United States Code, and section 12 of the
National Voter Registration Act of 1993 (52 U.S.C. 20511)
(relating to the unlawful interference with registering to
vote, or voting, or attempting to register to vote or vote),
including information on how individuals may report
allegations of violations of such prohibitions.''.

TITLE III--PREVENTING ELECTION SUBVERSION

Subtitle A--Restrictions on Removal of Election Administrators

SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION
ADMINISTRATORS IN ADMINISTRATION OF ELECTIONS
FOR FEDERAL OFFICE.

(a) Findings.--Congress makes the following findings:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the
fair, impartial, and uniform administration of Federal
elections by State and local officials.
(2) The Elections Clause was understood from the framing of
the Constitution to contain ``words of great latitude,''
granting Congress broad power over Federal elections and a
plenary right to preempt State regulation in this area. As
made clear at the Constitutional Convention and the State
ratification debates that followed, this grant of
congressional authority was meant to ``insure free and fair
elections,'' promote the uniform administration of Federal
elections, and ``preserve and restore to the people their
equal and sacred rights of election.''.
(3) In the founding debates on the Elections Clause, many
delegates also argued that a broad grant of authority to
Congress over Federal elections was necessary to check any
``abuses that might be made of the discretionary power'' to
regulate the time, place, and manner of elections granted the
States, including attempts at partisan entrenchment,
malapportionment, and the exclusion of political minorities.
As the Supreme Court has recognized, the Elections Clause
empowers Congress to ``protect the elections on which its
existence depends,'' Ex parte Yarbrough, 110 U.S. 651, 658
(1884), and ``protect the citizen in the exercise of rights
conferred by the Constitution of the United States essential
to the healthy organization of the government itself,'' id.
at 666.
(4) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879),
allowing Congress to implement ``a complete code for
congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366
(1932). The Elections Clause, unlike, for example, the
Commerce Clause, has been found to grant Congress the
authority to compel States to alter their regulations as to
Federal elections, id. at id. at 366-67, even if these
alterations would impose additional costs on the States to
execute or enforce. Association of Community Organizations
for Reform Now v. Miller, 129 F.3d 833 (6th Cir. 1997).
(5) The phrase ``manner of holding elections'' in the
Elections Clause has been interpreted by the Supreme Court to
authorize Congress to regulate all aspects of the Federal
election process, including ``notices, registration,
supervision of voting, protection of voters, prevention of
fraud and corrupt practices, counting of votes, duties of
inspectors and canvassers, and the making and publication of
election returns.'' Smiley v. Holm, 285 U.S. 355, 366 (1932).
(6) The Supreme Court has recognized the broad
``substantive scope'' of the Elections Clause and upheld
Federal laws promulgated thereunder regulating redistricting,
voter registration, campaign finance, primary elections,
recounts, party affiliation rules, and balloting.
(7) The authority of Congress under the Elections Clause
also entails the power to ensure enforcement of its laws
regulating Federal elections. ``[I]f Congress has the power
to make regulations, it must have the power to enforce
them.'' Ex parte Siebold, 100 U.S. 371, 387 (1879). The
Supreme Court has noted that there can be no question that
Congress may impose additional penalties for offenses
committed by State officers in connection with Federal
elections even if they differ from the penalties prescribed
by State law for the same acts. Id. at 387-88.
(8) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government,'' Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting
. . . and the election itself from corruption or fraud,'' id.
at 661-62.
(9) The Elections Clause thus grants Congress the authority
to ensure that the administration of Federal elections is
free of political bias or discrimination and that election
officials are insulated from political influence or other
forms of coercion in discharging their duties in connection
with Federal elections.
(10) In some States, oversight of local election
administrators has been allocated to State Election Boards,
or special commissions formed by those boards, that are
appointed by the prevailing political party in a State, as
opposed to nonpartisan or elected office holders.
(11) In certain newly enacted State policies, these
appointed statewide election administrators have been granted
wide latitude to suspend or remove local election
administrators in cases where the statewide election
administrators identify whatever the State deems to be a
violation. There is no requirement that there be a finding of
intent by the local election administrator to commit the
violation.
(12) Local election administrators across the country can
be suspended or removed according to different standards,
potentially exposing them to different political pressures or
biases that could result in uneven administration of Federal
elections.
(13) The Elections Clause grants Congress the ultimate
authority to ensure that oversight of State and local
election administrators is fair and impartial in order to
ensure equitable and uniform administration of Federal
elections.
(b) Restriction.--
(1) Standard for removal of a local election
administrator.--A statewide election administrator may only
suspend, remove, or relieve the duties of a local election
administrator in the State with respect to the administration
of an election for Federal office for inefficiency, neglect
of duty, or malfeasance in office.
(2) Private right of action.--
(A) In general.--Any local election administrator
suspended, removed, or otherwise relieved of duties in
violation of paragraph (1) with respect to the administration
of an election for Federal office or against whom any
proceeding for suspension, removal, or relief from duty in
violation of paragraph (1) with respect to the administration
of an election for Federal office may be pending, may bring
an action in an appropriate district court of the United
States for declaratory or injunctive relief with respect to
the violation. Any such action shall name as the defendant
the statewide election administrator responsible for the
adverse action. The district court shall, to the extent
practicable, expedite any such proceeding.
(B) Statute of limitations.--Any action brought under this
subsection must be commenced not later than one year after
the date of the suspension, removal, relief from duties, or
commencement of the proceeding to remove, suspend, or relieve
the duties of a local election administrator with respect to
the administration of an election for Federal office.
(3) Attorney's fees.--In any action or proceeding under
this subsection, the court may allow a prevailing plaintiff,
other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing

[[Page H110]]

plaintiff'' means a plaintiff that substantially prevails
pursuant to a judicial or administrative judgment or order,
or an enforceable written agreement.
(4) Removal of state proceedings to federal court.--A local
election administrator who is subject to an administrative or
judicial proceeding for suspension, removal, or relief from
duty by a statewide election administrator with respect to
the administration of an election for Federal office may
remove the proceeding to an appropriate district court of the
United States. Any order remanding a case to the State court
or agency from which it was removed under this subsection
shall be reviewable by appeal or otherwise.
(5) Right of united states to intervene.--
(A) Notice to attorney general.--Whenever any
administrative or judicial proceeding is brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office, the statewide election administrator who initiated
such proceeding shall deliver a copy of the pleadings
instituting the proceeding to the Assistant Attorney General
for the Civil Rights Division of the Department of Justice.
The local election administrator against whom such proceeding
is brought may also deliver such pleadings to the Assistant
Attorney General.
(B) Right to intervene.--The United States may intervene in
any administrative or judicial proceeding brought to suspend,
remove, or relieve the duties of any local election
administrator by a statewide election administrator with
respect to the administration of an election for Federal
office and in any action initiated pursuant to paragraph (2)
or in any removal pursuant to paragraph (4).
(6) Review.--In reviewing any action brought under this
section, a court of the United States shall not afford any
deference to any State official, administrator, or tribunal
that initiated, approved, adjudicated, or reviewed any
administrative or judicial proceeding to suspend, remove, or
otherwise relieve the duties of a local election
administrator.
(c) Reports to Department of Justice.--
(1) In general.--Not later than 30 days after the
suspension, removal, or relief of the duties of a local
election administrator by a statewide election administrator,
the Statewide election administrator shall submit to the
Assistant Attorney General for the Civil Rights Divisions of
the Department of Justice a report that includes the
following information:
(A) A statement that a local election administrator was
suspended, removed, or relieved of their duties.
(B) Information on whether the local election administrator
was determined to have engaged in gross negligence, neglect
of duty, or malfeasance in office.
(C) A description of the effect that the suspension,
removal, or relief of the duties of the local election
administrator will have on--
(i) the administration of elections and voters in the
election jurisdictions for which the local election official
provided such duties; and
(ii) the administration of elections and voters in the
State at large.
(D) Demographic information about the local election
official suspended, removed, or relieved and the
jurisdictions for which such election official was providing
the duties suspended, removed, or relieved.
(E) Such other information as requested by the Assistant
Attorney General for the purposes of determining--
(i) whether such suspension, removal, or relief of duties
was based on unlawful discrimination; and
(ii) (whether such suspension, removal, or relief of duties
was due to gross negligence, neglect of duty, or malfeasance
in office.
(2) Expedited reporting for actions within 30 days of an
election.--
(A) In general.--If a suspension, removal, or relief of
duties of a local administrator described in paragraph (1)
occurs during the period described in subparagraph (B), the
report required under paragraph (1) shall be submitted not
later than 48 hours after such suspension, removal, or relief
of duties.
(B) Period described.--The period described in this
subparagraph is any period which begins 60 days before the
date of an election for Federal office and which ends 60 days
after such election.
(d) Definitions.--In this section, the following
definitions apply:
(1) Election.--The term ``election'' has the meaning given
the term in section 301(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(1)).
(2) Federal office.--The term ``Federal office'' has the
meaning given the term in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(3)).
(3) Local election administrator.--The term ``local
election administrator'' means, with respect to a local
jurisdiction in a State, the individual or entity responsible
for the administration of elections for Federal office in the
local jurisdiction.
(4) Statewide election administrator.--The term ``Statewide
election administrator'' means, with respect to a State--
(A) the individual or entity, including a State elections
board, responsible for the administration of elections for
Federal office in the State on a statewide basis; or
(B) a statewide legislative or executive entity with the
authority to suspend, remove, or relieve a local election
administrator.
(e) Rule of Construction.--Nothing in this section shall be
construed to grant any additional authority to remove a local
elections administrator beyond any authority provided under
the law of the State.

Subtitle B--Increased Protections for Election Workers

SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.

(a) In General.--Chapter 29 of title 18, United 6 States
Code, as amended by section 2001(a), is amended by adding at
the end the following new section:

``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS.

``(a) Harassment of Election Workers.--It shall be unlawful
for any person, whether acting under color of law or
otherwise, to intimidate, threaten, coerce, or attempt to
intimidate, threaten, or coerce an election worker described
in subsection (b) with intent to impede, intimidate, or
interfere with such official while engaged in the performance
of official duties, or with intent to retaliate against such
official on account of the performance of official duties.
``(b) Election Worker Described.--An election worker as
described in this section is any individual who is an
election official, poll worker, or an election volunteer in
connection with an election for a Federal office.
``(c) Penalty.--Any person who violates subsection (a)
shall be fined not more than $100,000, imprisoned for not
more than 5 years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
29 of title 18, United States Code, as amended by section
2001(b), is amended by adding at the end the following new
item:

``613. Harassment of election related officials.''.

SEC. 3102. PROTECTION OF ELECTION WORKERS.

Paragraph (2) of section 119(b) of title 18, United States
Code, is amended by striking ``or'' at the end of
subparagraph (C), by inserting ``or'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) any individual who is an election official, a poll
worker, or an election volunteer in connection with an
election for a Federal office;''.

Subtitle C--Prohibiting Deceptive Practices and Preventing Voter
Intimidation

SEC. 3201. SHORT TITLE.

This subtitle may be cited as the ``Deceptive Practices and
Voter Intimidation Prevention Act of 2021''.

SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL
ELECTIONS.

(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate or cause to be communicated information described
in subparagraph (B), or produce information described in
subparagraph (B) with the intent that such information be
communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (5); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--

``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.

``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate, or cause to be communicated, a materially false
statement about an endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Definition of `materially false'.--For purposes of
subparagraph (A), a statement about an endorsement is
`materially false' if, with respect to an upcoming election
described in paragraph (5)--
``(i) the statement states that a specifically named
person, political party, or organization has endorsed the
election of a specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or organization has
not endorsed the election of such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color
of law or otherwise, shall intentionally hinder, interfere
with, or prevent another person from voting, registering to
vote, or aiding another person to vote or register to vote in
an election described in paragraph (5), including by
operating a polling place or ballot box that falsely purports
to be an official location established for such an election
by a unit of government.
``(5) Election described.--An election described in this
paragraph is any general, primary, runoff, or special
election held solely or in

[[Page H111]]

part for the purpose of nominating or electing a candidate
for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a Territory
or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and inserting the
following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph (A), by
striking ``at any election'' and inserting ``at any general,
primary, runoff, or special election''; and
(C) by adding at the end the following new subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, within 60
days before an election described in subsection (e), by any
means, including by means of written, electronic, or
telephonic communications, to communicate or cause to be
communicated information described in subparagraph (B), or
produce information described in subparagraph (B) with the
intent that such information be communicated, if such
person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
subsection (e).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time or place of holding any election described
in subsection (e); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--

``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.

``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
voting, registering to vote, or aiding another person to vote
or register to vote in an election described in subsection
(e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(d) Attempt.--Any person who attempts to commit any
offense described in subsection (a), (b)(1), or (c)(1) shall
be subject to the same penalties as those prescribed for the
offense that the person attempted to commit.
``(e) Election Described.--An election described in this
subsection is any general, primary, runoff, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, Presidential elector, Senator, Member of the House
of Representatives, or Delegate or Resident Commissioner to
the Congress.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this
title or imprisoned not more than one year'' and inserting
``fined not more than $100,000, imprisoned for not more than
5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.

SEC. 3203. CORRECTIVE ACTION.

(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3)
of section 2004(b) of the Revised Statutes (52 U.S.C.
10101(b)), as added by section 3202(a), and if the Attorney
General determines that State and local election officials
have not taken adequate steps to promptly communicate
accurate information to correct the materially false
information, the Attorney General shall, pursuant to the
written procedures and standards under subsection (b),
communicate to the public, by any means, including by means
of written, electronic, or telephonic communications,
accurate information designed to correct the materially false
information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information necessary to correct
the materially false information that has been or is being
communicated; and
(iii) to the extent practicable, be by a means that the
Attorney General determines will reach the persons to whom
the materially false information has been or is being
communicated; and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining
before the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to carry out this subtitle.

SEC. 3204. REPORTS TO CONGRESS.

(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall
submit to Congress a report compiling all allegations
received by the Attorney General of deceptive practices
described in paragraphs (2), (3), and (4) of section 2004(b)
of the Revised Statutes (52 U.S.C. 10101(b)), as added by
section 3202(a), relating to the general election for Federal
office and any primary, runoff, or a special election for
Federal office held in the 2 years preceding the general
election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons toward whom
the alleged deceptive practice was directed;
(B) the status of the investigation of each allegation
described in subparagraph (A);
(C) a description of each corrective action taken by the
Attorney General under section 4(a) in response to an
allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State, or
local agencies;
(E) to the extent information is available, a description
of any civil action instituted under section 2004(c)(2) of
the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by
section 3202(b), in connection with an allegation described
in subparagraph (A); and
(F) a description of any criminal prosecution instituted
under section 594 of title 18, United States Code, as amended
by section 3202(c), in connection with the receipt of an
allegation described in subparagraph (A) by the Attorney
General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not include in
a report submitted under subsection (a) any information
protected from disclosure by rule 6(e) of the Federal Rules
of Criminal Procedure or any Federal criminal statute.
(B) Exclusion of certain other information.--The Attorney
General may determine that the following information shall
not be included in a report submitted under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing investigation.
(iii) Any information concerning a criminal or civil
proceeding conducted under seal.
(iv) Any other nonpublic information that the Attorney
General determines the disclosure of which could reasonably
be expected to infringe on the rights of any individual or
adversely affect the integrity of a pending or future
criminal investigation.
(c) Report Made Public.--On the date that the Attorney
General submits the report under

[[Page H112]]

subsection (a), the Attorney General shall also make the
report publicly available through the internet and other
appropriate means.

SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.

Subsection (c)(2) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(b)), as added by section 3202(b), is
amended--
(1) by striking ``Any person'' and inserting the following:
``(A) In general.--Any person''; and
(2) by adding at the end the following new subparagraph:
``(B) Intimidation, etc.--
``(i) In general.--A person aggrieved by a violation of
subsection (b)(1) shall include, without limitation, an
officer responsible for maintaining order and preventing
intimidation, threats, or coercion in or around a location at
which voters may cast their votes. .
``(ii) Corrective action.--If the Attorney General receives
a credible report that conduct that violates or would be
reasonably likely to violate subsection (b)(1) has occurred
or is likely to occur, and if the Attorney General determines
that State and local officials have not taken adequate steps
to promptly communicate that such conduct would violate
subsection (b)(1) or applicable State or local laws, Attorney
General shall communicate to the public, by any means,
including by means of written, electronic, or telephonic
communications, accurate information designed to convey the
unlawfulness of proscribed conduct under subsection (b)(1)
and the responsibilities of and resources available to State
and local officials to prevent or correct such violations.''.

SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVASS, AND
CERTIFICATION EFFORTS A CRIME.

Section 12(1) of the National Voter Registration Act (52
U.S.C. 20511) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraph:
``(D) processing or scanning ballots, or tabulating,
canvassing, or certifying voting results; or''.

Subtitle D--Protection of Election Records & Election Infrastructure

SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION
RECORDS.

(a) Finding of Constitutional Authority.--Congress finds as
follows:
(1) Congress has explicit and broad authority to regulate
the time, place, and manner of Federal elections under the
Elections Clause under article I, section 4, clause 1 of the
Constitution, including by establishing standards for the
fair, impartial, and uniform administration of Federal
elections by State and local officials.
(2) The Elections Clause grants Congress ``plenary and
paramount jurisdiction over the whole subject'' of Federal
elections, Ex parte Siebold, 100 U.S. 371, 388 (1879),
allowing Congress to implement ``a complete code for
congressional elections.'' Smiley v. Holm, 285 U.S. 355, 366
(1932).
(3) The fair and impartial administration of Federal
elections by State and local officials is central to ``the
successful working of this government'', Ex parte Yarbrough,
110 U.S. 651, 666 (1884), and to ``protect the act of voting
. . . and the election itself from corruption or fraud'', id.
at 661-62.
(4) The Elections Clause thus grants Congress the authority
to strengthen the protections for Federal election records.
(5) Congress has intervened in the electoral process to
protect the health and legitimacy of federal elections,
including for example, Congress' enactment of the Help
America Vote Act of 2002 as a response to several issues that
occurred during the 2000 Presidential election. See ``The
Elections Clause: Constitutional Interpretation and
Congressional Exercise'', Hearing Before Comm. on House
Administration, 117th Cong. (2021), written testimony of Vice
Dean Franita Tolson at 3.
(b) Strengthening of Protections.--Section 301 of the Civil
Rights Act of 1960 (52 U.S.C. 20701) is amended--
(1) by striking ``Every officer'' and inserting the
following:
``(a) In General.--Every officer'';
(2) by striking ``records and papers'' and inserting
``records (including electronic records), papers, and
election equipment'' each place the term appears;
(3) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election
equipment'';
(4) by inserting ``(but only under the direct
administrative supervision of an election officer).
Notwithstanding any other provision of this section, the
paper record of a voter's cast ballot shall remain the
official record of the cast ballot for purposes of this
title'' after ``upon such custodian'';
(5) by inserting ``, or acts in reckless disregard of,''
after ``fails to comply with''; and
(6) by inserting after subsection (a) the following:
``(b) Election Equipment.--The requirement in subsection
(a) to preserve election equipment shall not be construed to
prevent the reuse of such equipment in any election that
takes place within twenty-two months of a Federal election
described in subsection (a), provided that all electronic
records, files, and data from such equipment related to such
Federal election are retained and preserved.
``(c) Guidance.--Not later than 1 year after the date of
enactment of this subsection, the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, in consultation with the
Election Assistance Commission and the Attorney General,
shall issue guidance regarding compliance with subsections
(a) and (b), including minimum standards and best practices
for retaining and preserving records and papers in compliance
with subsection (a). Such guidance shall also include
protocols for enabling the observation of the preservation,
security, and transfer of records and papers described in
subsection (a) by the Attorney General and by a
representative of each party, as defined by the Attorney
General.''.
(c) Protecting the Integrity of Paper Ballots in Federal
Elections.--
(1) Protocols and conditions for inspection of ballots.--
Not later than 60 days after the date of the enactment of
this Act, the Attorney General, in consultation with the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security and the
Election Assistance Commission, shall promulgate regulations
establishing the election security protocols and conditions,
including appropriate chain of custody and proper
preservation practices, which will apply to the inspection of
the paper ballots which are required to be retained and
preserved under section 301 of the Civil Rights Act of 1960
(52 U.S.C. 20701).
(2) Cause of action for injunctive and declaratory
relief.--The Attorney General may bring an action in an
appropriate district court of the United States for such
declaratory or injunctive relief as may be necessary to
ensure compliance with the regulations promulgated under
subsection (a).

SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE;
JURISDICTION.

(a) Expansion of Scope of Penalties for Interference.--
Section 302 of the Civil Rights Act of 1960 (52 U.S.C. 20702)
is amended--
(1) by inserting ``, or whose reckless disregard of section
301 results in the theft, destruction, concealment,
mutilation, or alteration of,'' after ``or alters''; and
(2) by striking ``record or paper'' and inserting ``record
(including electronic record), paper, or election
equipment''.
(b) Inspection, Reproduction, and Copying.--Section 303 of
such Act (52 U.S.C. 20703) is amended by striking ``record or
paper'' each place it appears and inserting ``record
(including electronic record), paper, or election
equipment''.
(c) Nondisclosure.--Section 304 of such Act (52 U.S.C.
20704) is amended by striking ``record or paper'' and
inserting ``record (including electronic record), paper, or
election equipment''.
(d) Jurisdiction to Compel Production.--Section 305 of such
Act (52 U.S.C. 20705) is amended by striking ``record or
paper'' each place it appears and inserting ``record
(including electronic record), paper, or election
equipment''.

SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701
et seq.) is amended by adding at the end the following:

``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

``(a) Cause of Action.--The Attorney General, a
representative of the Attorney General, or a candidate in a
Federal election described in section 301 may bring an action
in the district court of the United States for the judicial
district in which a record or paper is located, or in the
United States District Court for the District of Columbia, to
compel compliance with the requirements of section 301.
``(b) Duty to Expedite.--It shall be the duty of the court
to advance on the docket, and to expedite to the greatest
possible extent the disposition of, the action and any appeal
under this section.''.

Subtitle E--Judicial Protection of the Right to Vote and Non-partisan
Vote Tabulation

PART 1--RIGHT TO VOTE ACT

SEC. 3401. SHORT TITLE.

This part may be cited as the ``Right to Vote Act''.

SEC. 3402. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS
FOR FEDERAL OFFICE PROHIBITED.

(a) In General.--Every citizen of legal voting age shall
have the right to vote and have one's vote counted in
elections for Federal office free from any burden on the
time, place, or manner of voting, as set forth in subsections
(b) and (c).
(b) Retrogression.--A government may not diminish the
ability to vote or to have one's vote counted in an election
for Federal office unless the law, rule, standard, practice,
procedure, or other governmental action causing the
diminishment is the least restrictive means of significantly
furthering an important, particularized government interest.
(c) Substantial Impairment.--
(1) In general.--A government may not substantially impair
the ability of an individual to vote or to have one's vote
counted in an election for Federal office unless the law,
rule, standard, practice, procedure, or other governmental
action causing the impairment significantly furthers an
important, particularized governmental interest.
(2) Substantial impairment.--For purposes of this section,
a substantial impairment is a non-trivial impairment that
makes it more difficult to vote or to have one's vote counted
than if the law, rule, standard, practice, procedure, or
other governmental action had not been adopted or
implemented. An impairment may be substantial even if the
voter or other similarly situated voters are able to vote or
to have one's vote counted notwithstanding the impairment.

SEC. 3403. JUDICIAL REVIEW.

(a) Civil Action.--An action challenging a violation of
this part may be brought by any aggrieved person or the
Attorney General in the district court for the District of
Columbia, or the district court for the district in which the
violation took place or where any defendant resides or does
business, at the selection of the plaintiff, to obtain all
appropriate relief, whether declaratory or injunctive, or
facial or as-applied. Process may be served in any district
where a defendant resides, does business, or may be found.

[[Page H113]]

(b) Standards to Be Applied.--A courts adjudicating an
action brought under this part shall apply the following
standards:
(1) Retrogression.--
(A) A plaintiff establishes a prima facie case of
retrogression by demonstrating by a preponderance of the
evidence that a rule, standard, practice, procedure, or other
governmental action diminishes the ability, or otherwise
makes it more difficult, to vote, or have one's vote counted.
(B) If a plaintiff establishes a prima facie case as
described in subparagraph (A), the government shall be
provided an opportunity to demonstrate by clear and
convincing evidence that the diminishment is necessary to
significantly further an important, particularized
governmental interest.
(C) If the government meets its burden under subparagraph
(B), the challenged rule, standard, practice, procedure, or
other governmental action shall nonetheless be deemed invalid
if the plaintiff demonstrates by a preponderance of the
evidence that the government could adopt or implement a less-
restrictive means of furthering the particularized important
governmental interest.
(2) Substantial impairment.--
(A) A plaintiff establishes a prima facie case of
substantial impairment by demonstrating by a preponderance of
the evidence that a rule, standard, practice, procedure, or
other governmental action is a non-trivial impairment of the
ability to vote or to have one's vote counted.
(B) If a plaintiff establishes a prima facie case as
described in subparagraph (A), the government shall be
provided an opportunity to demonstrate by clear and
convincing evidence that the impairment significantly
furthers an important, particularized governmental interest.
(c) Duty to Expedite.--It shall be the duty of the court to
advance on the docket and to expedite to the greatest
reasonable extent the disposition of the action and appeal
under this section.
(d) Attorney's Fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended--
(1) by striking ``or section 40302'' and inserting
``section 40302''; and
(2) by striking ``, the court'' and inserting ``, or
section 3402(a) of the Freedom to Vote Act, the court''.

SEC. 3404. DEFINITIONS.

In this part--
(1) the term ``covered entity'' means the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands;
(2) the terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101);
(3) the term ``have one's vote counted'' means all actions
necessary to have a vote included in the appropriate totals
of votes cast with respect to candidates for public office
for which votes are received in an election and reflected in
the certified vote totals by any government responsible for
tallying or certifying the results of elections for Federal
office;
(4) the term ``government'' includes a branch, department,
agency, instrumentality, and official (or other person acting
under color of law) of the United States, of any State, of
any covered entity, or of any political subdivision of any
State or covered entity; and
(5) the term ``vote'' means all actions necessary to make a
vote effective, including registration or other action
required by law as a prerequisite to voting, casting a
ballot.

SEC. 3405. RULES OF CONSTRUCTION.

(a) Burdens Not Authorized.--Nothing in this part may be
construed to authorize a government to burden the right to
vote in elections for Federal office.
(b) Other Rights and Remedies.--Nothing in this part shall
be construed to alter any rights existing under a State
constitution or the Constitution of the United States, or to
limit any remedies for any other violations of Federal,
State, or local law.
(c) Other Provisions of This Act.--Nothing in this subtitle
shall be construed as affecting section 1703 of this Act
(relating to rights of citizens).
(d) Other Definitions.--The definitions set forth in
section 3404 shall apply only to this part and shall not be
construed to amend or interpret any other provision of law.

SEC. 3406. SEVERABILITY.

If any provision of this part or the application of such
provision to any citizen or circumstance is held to be
unconstitutional, the remainder of this part and the
application of the provisions of such to any citizen or
circumstance shall not be affected thereby.

SEC. 3407. EFFECTIVE DATE.

(a) Actions Brought for Retrogression.--Subsection (b) of
section 3402 shall apply to any law, rule, standard,
practice, procedure, or other governmental action that was
not in effect during the November 2020 general election for
Federal office but that will be in effect with respect to
elections for Federal office occurring on or after January 1,
2022, even if such law, rule, standard, practice, procedure,
or other governmental action is already in effect as of the
date of the enactment of this Act.
(b) Actions Brought for Substantial Impairment.--Subsection
(c) of section 3402 shall apply to any law, rule, standard,
practice, procedure, or other governmental action in effect
with respect to elections for Federal office occurring on or
after January 1, 2022.

PART 2--CLARIFYING JURISDICTION OVER ELECTION DISPUTES

SEC. 3411. FINDINGS.

In addition to providing for the statutory rights described
in sections part 1, including judicial review under section
3403, Congress makes the following findings regarding
enforcement of constitutional provisions protecting the right
to vote:
(1) It is a priority of Congress to ensure that pending and
future disputes arising under the Fifteenth Amendment or any
other constitutional provisions protecting the right to vote
may be heard in federal court.
(2) The Fifth Circuit has misconstrued section 1344 of
title 28, United States Code, to deprive Federal courts of
subject matter jurisdiction in certain classes of cases that
implicate voters' constitutional rights, see, e.g., Keyes v.
Gunn, 890 F.3d 232 (5th Cir. 2018), cert. denied, 139 S. Ct.
434 (2018); Johnson v. Stevenson, 170 F.2d 108 (5th Cir.
1948).
(3) Section 1344 of such title is also superfluous in light
of other broad grants of Federal jurisdiction. See, e.g.,
section 1331, section 1343(a)(3), and section 1343(a)(4) of
title 28, United States Code.
(4) Congress therefore finds that a repeal of section 1344
is appropriate and that such repeal will ensure that Federal
courts nationwide are empowered to enforce voters'
constitutional rights in federal elections and state
legislative elections.

SEC. 3412. CLARIFYING AUTHORITY OF UNITED STATES DISTRICT
COURTS TO HEAR CASES.

(a) In General.--Section 1344 of title 28, United States
Code, is repealed.
(b) Continuing Authority of Courts to Hear Cases Under
Other Existing Authority.--Nothing in this part may be
construed to affect the authority of district courts of the
United States to exercise jurisdiction pursuant to existing
provisions of law, including sections 1331, 1343(a)(3), and
1343(a)(4) of title 28, United States Code, in any cases
arising under the Constitution, laws, or treaties of the
United States concerning the administration, conduct, or
results of an election for Federal office or state
legislative office.
(c) Clerical Amendment.--The table of sections for chapter
85 of title 28, United States Code, is amended by striking
the item relating to section 1344.

SEC. 3413. EFFECTIVE DATE.

This part and the amendments made by this part shall apply
to actions brought on or after the date of the enactment of
this Act and to actions brought before the date of enactment
of this Act which are pending as of such date.

Subtitle F--Poll Worker Recruitment and Training

SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND
TRAINING.

(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations provided to carry out
this section, make a grant to each eligible State for
recruiting and training individuals to serve as poll workers
on dates of elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker
recruiting, training, and retention as an interactive
training tool, and shall develop training programs with the
participation and input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for
the payment to the Commission at such time and in such manner
and containing such information as the Commission shall
require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought;
(B) provide assurances that the funds provided under this
section will be used to supplement and not supplant other
funds used to carry out the activities;
(C) provide assurances that the State will furnish the
Commission with information on the number of individuals who
served as poll workers after recruitment and training with
the funds provided under this section;
(D) provide assurances that the State will dedicate poll
worker recruitment efforts with respect to--
(i) youth and minors, including by recruiting at
institutions of higher education and secondary education; and
(ii) diversity, including with respect to race, ethnicity,
and disability; and
(E) provide such additional information and certifications
as the Commission determines to be essential to ensure
compliance with the requirements of this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants to
States under this section; and
(B) the voting age population percentage for the State.

[[Page H114]]

(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as determined
on the basis of the most recent information available from
the Bureau of the Census); and
(B) the total voting age population of all States (as
determined on the basis of the most recent information
available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants
made under this section and the activities carried out by
recipients with the grants, and shall include in the report
such recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than
3 percent shall be available for administrative expenses of
the Commission.

SEC. 3502. STATE DEFINED.

In this subtitle, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.

Subtitle G--Preventing Poll Observer Interference

SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.

(a) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:

``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

``(a) Requirements for Challenges by Persons Other Than
Election Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote
in an election for Federal office or to vote in an election
for Federal office unless that challenge is supported by
personal knowledge with respect to each individual challenged
regarding the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the
challenge is ineligible to register to vote or vote in that
election, except a challenge which is based on the race,
ethnicity, or national origin of the individual who is the
subject of the challenge may not be considered to have a good
faith factual basis for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to vote in
an election for Federal office on the date of the election on
grounds that could have been made in advance of such date, or
``(B) to challenge an individual's eligibility to register
to vote in an election for Federal office or to vote in an
election for Federal office less than 10 days before the
election unless the individual registered to vote less than
20 days before the election.
``(b) Buffer Rule.--
``(1) In general.--A person who is serving as a poll
observer with respect to an election for Federal office may
not come within 8 feet of--
``(A) a voter or ballot at a polling location during any
period of voting (including any period of early voting) in
such election; or
``(B) a ballot at any time during which the processing,
scanning, tabulating, canvassing, or certifying voting
results is occurring.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to limit the ability of a State or local
election official to require poll observers to maintain a
distance greater than 8 feet.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office occurring on and
after January 1, 2022.''.
(b) Conforming Amendment Relating to Voluntary Guidance.--
Section 321(b)(4) of such Act (52 U.S.C. 21101(b)), as added
and redesignated by section 1101(b) and as amended by
sections 1102, 1103, 1104, and 1303, is amended by striking
``and 313'' and inserting ``313, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303 the following:

``Sec. 303A. Voter protection requirements.''.

Subtitle H--Preventing Restrictions on Food and Beverages

SEC. 3701. SHORT TITLE; FINDINGS.

(a) Short Title.--This subtitle may be cited as the
``Voters' Access to Water Act''.
(b) Findings.--Congress finds the following:
(1) States have a legitimate interest in prohibiting
electioneering at or near polling places, and each State has
some form of restriction on political activities near polling
places when voting is taking place.
(2) In recent elections, voters have waited in unacceptably
long lines to cast their ballot. During the 2018 midterm
election, more than 3,000,000 voters were made to wait longer
than the acceptable threshold for wait times set by the
Presidential Commission on Election Administration, including
many well-documented cases where voters were made to wait for
several hours. A disproportionate number of those who had to
wait long periods were Black or Latino voters, who were more
likely than White voters to wait in the longest lines on
Election Day.
(3) Allowing volunteers to donate food and water to all
people waiting in line at a polling place, regardless of the
voters' political preference and without engaging in
electioneering activities or partisan advocacy, helps ensure
Americans who face long lines at their polling place can
still exercise their Constitutional right to vote, without
risk of dehydration, inadequate food, discomfort, and risks
to health.

SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND
BEVERAGES AT POLLING STATIONS.

(a) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 1031(a), section 1044(a), section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section
1201(a), section 1301(a), section 1302(a), section 1303(b),
section 1305(a), section 1606(a)(1), section 1607(a), and
section 1624(a) is amended--
(1) by redesignating sections 318 and 319 as sections 319
and 320, respectively; and
(2) by inserting after section 317 the following new
section:

``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF
FOOD AND BEVERAGES AT POLLING STATIONS.

``(a) Prohibition.--Subject to the exception in subsection
(b), a State may not impose any restriction on the donation
of food and nonalcoholic beverages to persons outside of the
entrance to the building where a polling place for a Federal
election is located, provided that such food and nonalcoholic
beverages are distributed without regard to the electoral
participation or political preferences of the recipients.
``(b) Exception.--A State may require persons distributing
food and nonalcoholic beverages outside the entrance to the
building where a polling place for a Federal election is
located to refrain from political or electioneering activity.
``(c) Effective Date.--This section shall apply with
respect to elections for Federal office occurring on and
after January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section
1101(b) and as amended by sections 1102, 1103, 1104, 1303,
and 3601(b), is amended by striking ``and 303A'' and
inserting ``303A, and 317''.
(c) Clerical Amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1044(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1201(c), section 1301(a), section 1302(a), section
1303(b), section 1305(a), section 1606(a)(3), section
1607(b), and section 1624(b) is amended--
(1) by redesignating the items relating to sections 318 and
319 as relating to sections 319 and 320, respectively; and
(2) by inserting after the item relating to section 317 the
following new item:

``Sec. 318. Prohibiting States from restricting donations
of food and beverages at polling stations.''.

Subtitle I--Establishing Duty to Report Foreign Election Interference

SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.

Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies,'' to hide, move, and
launder the dirty money derived from illicit activities such
as trafficking, bribery, exploitation, and embezzlement.
Ownership and control of the finances that run through shell
companies are obscured to regulators and law enforcement
because little information is required and collected when
establishing these entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Since the Supreme Court's decisions in Citizens United
v. Federal Election Commission, 558 U.S. 310 (2010),
millions of dollars have flowed into super PACs through LLCs
whose funders are anonymous or intentionally obscured.
Criminal investigations have uncovered LLCs that were used to
hide illegal campaign contributions from foreign criminal
fugitives, to advance international influence-buying schemes,
and to conceal contributions from donors who were already
under investigation for bribery and racketeering. Voters have
no way to know the true sources of the money being routed
through these LLCs to influence elections, including whether
any of the funds come from foreign or other illicit sources.
(4) Congress should curb the use of anonymous shell
companies for illicit purposes by requiring United States
companies to disclose their beneficial owners, strengthening
anti-money laundering and counter-terrorism finance laws.
(5) Congress should examine the money laundering and
terrorist financing risks in the real estate market,
including the role of anonymous parties, and review
legislation to address any vulnerabilities identified in this
sector.
(6) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anticorruption laws and regulations.

[[Page H115]]

SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding
at the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation to notify.--Not later than 1
week after a reportable foreign contact, each political
committee shall notify the Federal Bureau of Investigation
and the Commission of the reportable foreign contact and
provide a summary of the circumstances with respect to such
reportable foreign contact. The Federal Bureau of
Investigation, not later than 1 week after receiving a
notification from a political committee under this paragraph,
shall submit to the political committee, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate
written or electronic confirmation of receipt of the
notification.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family member of a
candidate shall notify the treasurer or other designated
official of the principal campaign committee of such
candidate of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact; and
``(B) each official, employee, or agent of a political
committee shall notify the treasurer or other designated
official of the committee of the reportable foreign contact
and provide a summary of the circumstances with respect to
such reportable foreign contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign contact'
means any direct or indirect contact or communication that--
``(i) is between--

``(I) a candidate, an immediate family member of the
candidate, a political committee, or any official, employee,
or agent of such committee; and
``(II) an individual that the person described in subclause
(I) knows, has reason to know, or reasonably believes is a
covered foreign national; and

``(ii) the person described in clause (i)(I) knows, has
reason to know, or reasonably believes involves--

``(I) an offer or other proposal for a contribution,
donation, expenditure, disbursement, or solicitation
described in section 319; or
``(II) direct or indirect coordination or collaboration
with, or a direct or indirect offer or provision of
information or services to or from, a covered foreign
national in connection with an election.

``(B) Exceptions.--
``(i) Contacts in official capacity as elected official.--
The term `reportable foreign contact' shall not include any
contact or communication with a covered foreign national by
an elected official or an employee of an elected official
solely in an official capacity as such an official or
employee.
``(ii) Contacts for purposes of enabling observation of
elections by international observers.--The term `reportable
foreign contact' shall not include any contact or
communication with a covered foreign national by any person
which is made for purposes of enabling the observation of
elections in the United States by a foreign national or the
observation of elections outside of the United States by a
candidate, political committee, or any official, employee, or
agent of such committee.
``(iii) Exceptions not applicable if contacts or
communications involve prohibited disbursements.--A contact
or communication by an elected official or an employee of an
elected official shall not be considered to be made solely in
an official capacity for purposes of clause (i), and a
contact or communication shall not be considered to be made
for purposes of enabling the observation of elections for
purposes of clause (ii), if the contact or communication
involves a contribution, donation, expenditure, disbursement,
or solicitation described in section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the term `covered
foreign national' means--

``(I) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b)) that is a government of a foreign country or a
foreign political party;
``(II) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in subclause (I) or
of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign principal
described in subclause (I); or
``(III) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in subclause (I).

``(ii) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, subclause (II) of clause (i) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in subclause (I) of clause (i).
``(4) Immediate family member.--In this subsection, the
term `immediate family member' means, with respect to a
candidate, a parent, parent-in-law, spouse, adult child, or
sibling.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) for any reportable foreign contact (as defined in
subsection (j)(3))--
``(A) the date, time, and location of the contact;
``(B) the date and time of when a designated official of
the committee was notified of the contact;
``(C) the identity of individuals involved; and
``(D) a description of the contact, including the nature of
any contribution, donation, expenditure, disbursement, or
solicitation involved and the nature of any activity
described in subsection (j)(3)(A)(ii)(II) involved.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of
the enactment of this Act.

SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING
COMPLIANCE SYSTEM.

(a) In General.--Section 302 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding
at the end the following new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political committee shall establish
a policy that requires all officials, employees, and agents
of such committee (and, in the case of an authorized
committee, the candidate and each immediate family member of
the candidate) to notify the treasurer or other appropriate
designated official of the committee of any reportable
foreign contact (as defined in section 304(j)) not later than
3 days after such contact was made.
``(2) Retention and preservation of records.--Each
political committee shall establish a policy that provides
for the retention and preservation of records and information
related to reportable foreign contacts (as so defined) for a
period of not less than 3 years.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report filed
under section 304(a), the treasurer of each political
committee (other than an authorized committee) shall certify
that--
``(i) the committee has in place policies that meet the
requirements of paragraphs (1) and (2);
``(ii) the committee has designated an official to monitor
compliance with such policies; and
``(iii) not later than 1 week after the beginning of any
formal or informal affiliation with the committee, all
officials, employees, and agents of such committee will--

``(I) receive notice of such policies;
``(II) be informed of the prohibitions under section 319;
and
``(III) sign a certification affirming their understanding
of such policies and prohibitions.

``(B) Authorized committees.--With respect to an authorized
committee, the candidate shall make the certification
required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or
after the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act,
each political committee under the Federal Election Campaign
Act of 1971 shall file a certification with the Federal
Election Commission that the committee is in compliance with
the requirements of section 302(j) of such Act (as added by
subsection (a)).

SEC. 3804. CRIMINAL PENALTIES.

Section 309(d)(1) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end
the following new subparagraphs:
``(E) Any person who knowingly and willfully commits a
violation of subsection (j) or (b)(9) of section 304 or
section 302(j) shall be fined not more than $500,000,
imprisoned not more than 5 years, or both.
``(F) Any person who knowingly and willfully conceals or
destroys any materials relating to a reportable foreign
contact (as defined in section 304(j)) shall be fined not
more than $1,000,000, imprisoned not more than 5 years, or
both.''.

SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Federal Bureau of Investigation shall submit to the
congressional intelligence committees a report relating to
notifications received by the Federal Bureau of Investigation
under section 304(j)(1) of the Federal Election Campaign Act
of 1971 (as added by section 4902(a) of this Act).
(b) Elements.--Each report under subsection (a) shall
include, at a minimum, the following with respect to
notifications described in subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the report.
(2) A description of protocols and procedures developed by
the Federal Bureau of Investigation relating to receipt and
maintenance of records relating to such notifications.

[[Page H116]]

(3) With respect to such notifications received during the
year covered by the report, a description of any subsequent
actions taken by the Director resulting from the receipt of
such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
has the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).

SEC. 3806. RULE OF CONSTRUCTION.

Nothing in this subtitle or the amendments made by this
subtitle shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) is not a citizen of the United States or a national of
the United States, as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
(C) is not lawfully admitted for permanent residence, as
defined by section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).

Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot

SEC. 3901. SHORT TITLE.

This subtitle may be cited as the ``Voter Confidence and
Increased Accessibility Act of 2021''.

SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

(a) In General.--Section 301(a)(2) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as
follows:
``(2) Paper ballot requirement.--
``(A) Voter-verifiable paper ballots.--
``(i) The voting system shall require the use of an
individual, durable, voter-verifiable paper ballot of the
voter's vote selections that shall be marked by the voter and
presented to the voter for verification before the voter's
ballot is preserved in accordance with subparagraph (B), and
which shall be counted by hand or other counting device or
read by a ballot tabulation device. For purposes of this
subclause, the term `individual, durable, voter-verifiable
paper ballot' means a paper ballot marked by the voter by
hand or a paper ballot marked through the use of a
nontabulating ballot marking device or system, so long as the
voter shall have the option at every in-person voting
location to mark by hand a printed ballot that includes all
relevant contests and candidates.
``(ii) The voting system shall provide the voter with an
opportunity to correct any error on the paper ballot before
the permanent voter-verifiable paper ballot is preserved in
accordance with subparagraph (B).
``(iii) The voting system shall not preserve the voter-
verifiable paper ballots in any manner that makes it
possible, at any time after the ballot has been cast, to
associate a voter with the record of the voter's vote
selections.
``(iv) The voting system shall prevent, through mechanical
means or through independently verified protections, the
modification or addition of vote selections on a printed or
marked ballot at any time after the voter has been provided
an opportunity to correct errors on the ballot pursuant to
clause (ii).
``(B) Preservation as official record.--The individual,
durable, voter-verifiable paper ballot used in accordance
with subparagraph (A) shall constitute the official ballot
and shall be preserved and used as the official ballot for
purposes of any recount or audit conducted with respect to
any election for Federal office in which the voting system is
used.
``(C) Manual counting requirements for recounts and
audits.--
``(i) Each paper ballot used pursuant to subparagraph (A)
shall be suitable for a manual audit, and such ballots, or at
least those ballots the machine could not count, shall be
counted by hand in any recount or audit conducted with
respect to any election for Federal office.
``(ii) In the event of any inconsistencies or
irregularities between any electronic vote tallies and the
vote tallies determined by counting by hand the individual,
durable, voter-verifiable paper ballots used pursuant to
subparagraph (A), the individual, durable, voter-verifiable
paper ballots shall be the true and correct record of the
votes cast.
``(D) Sense of congress.--It is the sense of Congress that
as innovation occurs in the election infrastructure sector,
Congress should ensure that this Act and other Federal
requirements for voting systems are updated to keep pace with
best practices and recommendations for security and
accessibility.''.
(b) Conforming Amendment Clarifying Applicability of
Alternative Language Accessibility.--Section 301(a)(4) of
such Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be used under
paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.

SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR
INDIVIDUALS WITH DISABILITIES.

(a) In General.--Paragraph (3) of section 301(a) of the
Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is
amended to read as follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with disabilities,
including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as for other voters;
``(ii)(I) ensure that individuals with disabilities and
others are given an equivalent opportunity to vote, including
with privacy and independence, in a manner that produces a
voter-verifiable paper ballot; and
``(II) satisfy the requirement of clause (i) through the
use at in-person polling locations of a sufficient number
(not less than one) of voting systems equipped to serve
individuals with and without disabilities, including
nonvisual and enhanced visual accessibility for the blind and
visually impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity impaired; and
``(iii) if purchased with funds made available under title
II on or after January 1, 2007, meet the voting system
standards for disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting system may
meet the requirements of subparagraph (A)(i) and paragraph
(2) by--
``(i) allowing the voter to privately and independently
verify the permanent paper ballot through the presentation,
in accessible form, of the printed or marked vote selections
from the same printed or marked information that would be
used for any vote tabulation or auditing;
``(ii) allowing the voter to privately and independently
verify and cast the permanent paper ballot without requiring
the voter to manually handle the paper ballot;
``(iii) marking ballots that are identical in size, ink,
and paper stock to those ballots that would either be marked
by hand or be marked by a ballot marking device made
generally available to voters; or
``(iv) combining ballots produced by any ballot marking
devices reserved for individuals with disabilities with
ballots that have either been marked by voters by hand or
marked by ballot marking devices made generally available to
voters, in a way that prevents identification of the ballots
that were cast using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of subparagraph
(A)(ii)(II), the sufficient number of voting systems for any
in-person polling location shall be determined based on
guidance from the Attorney General, in consultation with the
Architectural and Transportation Barriers Compliance Board
established under section 502(a)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development
of Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 247 the following new
section:

``SEC. 248. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

``(a) Grants to Study and Report.--The Commission, in
coordination with the Access Board and the Cybersecurity and
Infrastructure Security Agency, shall make grants to not
fewer than 2 eligible entities to study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraph (1) and
(2).
``(b) Eligibility.--An entity is eligible to receive a
grant under this part if it submits to the Commission (at
such time and in such form as the Commission may require) an
application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January
1, 2024; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed
with the grants made under this section shall be treated as
non-proprietary and shall be made available to the public,
including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology
Improvements.--The Commission shall carry out this section so
that the activities carried out with the grants made under
subsection (a) are coordinated with the research conducted
under the grant program carried out by the Commission under
section 271, to the extent that the Commission determine
necessary to provide for the advancement of accessible voting
technology.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (a) $10,000,000,
to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 247 as
relating to section 248; and
(B) by inserting after the item relating to section 247 the
following new item:

``Sec. 248. Study and report on accessible voting
options.''.
(c) Clarification of Accessibility Standards Under
Voluntary Voting System Guidance.--In adopting any voluntary
guidance

[[Page H117]]

under subtitle B of title III of the Help America Vote Act
with respect to the accessibility of the paper ballot
verification requirements for individuals with disabilities,
the Election Assistance Commission shall include and apply
the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems
under such subtitle.
(d) Permitting Use of Funds for Protection and Advocacy
Systems To Support Actions To Enforce Election-Related
Disability Access.--Section 292(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``;
except that'' and all that follows and inserting a period.

SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR
BALLOTS.

Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)) is amended by adding at the end the
following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verifiable paper ballots
required to be used under this Act shall be marked or printed
on durable paper.
``(ii) Definition.--For purposes of this Act, paper is
`durable' if it is capable of withstanding multiple counts
and recounts by hand without compromising the fundamental
integrity of the ballots, and capable of retaining the
information marked or printed on them for the full duration
of a retention and preservation period of 22 months.
``(B) Readability requirements for paper ballots marked by
ballot marking device.--All voter-verifiable paper ballots
completed by the voter through the use of a ballot marking
device shall be clearly readable by the voter without
assistance (other than eyeglasses or other personal vision
enhancing devices) and by a ballot tabulation device or other
device equipped for individuals with disabilities.''.

SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

(a) Study.--The Election Assistance Commission shall
conduct a study of the best ways to design ballots used in
elections for public office, including paper ballots and
electronic or digital ballots, to minimize confusion and user
errors.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Election Assistance Commission
shall submit to Congress a report on the study conducted
under subsection (a).

SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.

Section 301(a) of the Help America Vote Act of 2002 (52
U.S.C. 21081(a)), as amended by section 3914, is further
amended by adding at the end the following new paragraphs:
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters at a polling place
(except as necessary for individuals with disabilities to use
ballot marking devices that meet the accessibility
requirements of paragraph (3)), or upon which votes are cast,
tabulated, or aggregated shall contain, use, or be accessible
by any wireless, power-line, or concealed communication
device.
``(9) Prohibiting connection of system to the internet.--No
system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters at a voting place, or upon which votes are
cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.''.

SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.

Section 301(d) of the Help America Vote Act of 2002 (52
U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1,
2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the requirements of this section which are first
imposed on a State or jurisdiction pursuant to the amendments
made by the Voter Confidence and Increased Accessibility Act
of 2021 shall apply with respect to voting systems used for
any election for Federal office held in 2022 or any
succeeding year.
``(B) Special rule for jurisdictions using certain paper
record printers or certain systems using or producing voter-
verifiable paper records in 2020.--
``(i) In general.--In the case of a jurisdiction described
in clause (ii), the requirements of paragraphs (2)(A)(i) and
(7) of subsection (a) (as amended or added by the Voter
Confidence and Increased Accessibility Act of 2021) shall not
apply before the date on which the jurisdiction replaces the
printers or systems described in clause (ii)(I) for use in
the administration of elections for Federal office.
``(ii) Jurisdictions described.--A jurisdiction described
in this clause is a jurisdiction--

``(I) which used voter-verifiable paper record printers
attached to direct recording electronic voting machines, or
which used other voting systems that used or produced paper
records of the vote verifiable by voters but that are not in
compliance with paragraphs (2)(A)(i) and (7) of subsection
(a) (as amended or added by the Voter Confidence and
Increased Accessibility Act of 2021), for the administration
of the regularly scheduled general election for Federal
office held in November 2020; and
``(II) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before the applicable year.

``(iii) Mandatory availability of paper ballots at polling
places using grandfathered printers and systems.--

``(I) Requiring ballots to be offered and provided.--The
appropriate election official at each polling place that uses
a printer or system described in clause (ii)(I) for the
administration of elections for Federal office shall offer
each individual who is eligible to cast a vote in the
election at the polling place the opportunity to cast the
vote using a blank printed paper ballot which the individual
may mark by hand and which is not produced by the direct
recording electronic voting machine or other such system. The
official shall provide the individual with the ballot and the
supplies necessary to mark the ballot, and shall ensure (to
the greatest extent practicable) that the waiting period for
the individual to cast a vote is the lesser of 30 minutes or
the average waiting period for an individual who does not
agree to cast the vote using such a paper ballot under this
clause.
``(II) Treatment of ballot.--Any paper ballot which is cast
by an individual under this clause shall be counted and
otherwise treated as a regular ballot for all purposes
(including by incorporating it into the final unofficial vote
count (as defined by the State) for the precinct) and not as
a provisional ballot, unless the individual casting the
ballot would have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The appropriate election
official shall ensure there is prominently displayed at each
polling place a notice that describes the obligation of the
official to offer individuals the opportunity to cast votes
using a printed blank paper ballot. The notice shall comply
with the requirements of section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
``(IV) Training of election officials.--The chief State
election official shall ensure that election officials at
polling places in the State are aware of the requirements of
this clause, including the requirement to display a notice
under subclause (III), and are aware that it is a violation
of the requirements of this title for an election official to
fail to offer an individual the opportunity to cast a vote
using a blank printed paper ballot.
``(V) Period of applicability.--The requirements of this
clause apply only during the period beginning on January 1,
2022, and ending on the date on which the which the
jurisdiction replaces the printers or systems described in
clause (ii)(I) for use in the administration of elections for
Federal office.

``(C) Delay for certain jurisdictions using voting systems
with wireless communication devices or internet
connections.--
``(i) Delay.--In the case of a jurisdiction described in
clause (ii), subparagraph (A) shall apply to a voting system
in the jurisdiction as if the reference in such subparagraph
to `2022' were a reference to `the applicable year', but only
with respect to the following requirements of this section.

``(I) Paragraph (8) of subsection (a) (relating to
prohibition of wireless communication devices)
``(II) Paragraph (9) of subsection (a) (relating to
prohibition of connecting systems to the internet)

``(ii) Jurisdictions described.--A jurisdiction described
in this clause is a jurisdiction--

``(I) which used a voting system which is not in compliance
with paragraphs (8) or (9) of subsection (a) (as amended or
added by the Voter Confidence and Increased Accessibility Act
of 2021) for the administration of the regularly scheduled
general election for Federal office held in November 2020;
``(II) which was not able, to all extent practicable, to
comply with paragraph (8) and (9) of subsection (a) before
January 1, 2022; and
``(III) which will continue to use such printers or systems
for the administration of elections for Federal office held
in years before the applicable year.

``(iii) Applicable year.--

``(I) In general.--Except as provided in subclause (II),
the term `applicable year' means 2026.
``(II) Extension.--If a State or jurisdiction certifies to
the Commission not later than January 1, 2026, that the State
or jurisdiction will not meet the requirements described in
subclauses (I) and (II) of clause (i) by such date because it
would be impractical to do so and includes in the
certification the reasons for the failure to meet the
deadline, the term `applicable year' means 2030.''.

SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.

(a) Availability of Grants.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1302(c), is amended by adding at the end the
following new part:

``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT
VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM
SECURITY IMPROVEMENTS.

``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) which does not meet the requirements which are first
imposed on the State pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of 2021 with
a voting system which--

``(I) does meet such requirements; and

[[Page H118]]

``(II) in the case of a grandfathered voting system (as
defined in paragraph (2)), is in compliance with the most
recent voluntary voting system guidelines; or

``(ii) which does meet such requirements but which is not
in compliance with the most recent voluntary voting system
guidelines with another system which does meet such
requirements and is in compliance with such guidelines;
``(B) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal
office;
``(C) to implement and model best practices for ballot
design, ballot instructions, and the testing of ballots; and
``(D) to purchase or acquire accessible voting systems that
meet the requirements of paragraph (2) and paragraph
(3)(A)(i) of section 301(a) by the means described in
paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum
payment amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the aggregate
amount made available for payments under this section; and
``(B) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands, one-tenth of 1
percent of such aggregate amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph
is the product of--
``(A) the aggregate amount made available for payments
under this section minus the total of all of the minimum
payment amounts determined under paragraph (2); and
``(B) the voting age population proportion for the State
(as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as reported
in the most recent decennial census); and
``(B) the total voting age population of all States (as
reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10
percent of funds received by the State under this section to
purchase accessible voting systems described in subsection
(a)(1)(D).

``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure (as defined in section
3908(b) of the Voter Confidence and Increased Accessibility
Act of 2021) which is carried out by a provider of
cybersecurity services under a contract entered into between
the chief State election official and the provider.
``(4) The maintenance of infrastructure used for elections,
including addressing risks and vulnerabilities which are
identified under either of the security risk and
vulnerability assessments described in paragraph (3), except
that none of the funds provided under this part may be used
to renovate or replace a building or facility which is not a
primary provider of information technology services for the
administration of elections, and which is used primarily for
purposes other than the administration of elections for
public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure (as so defined) or designates as critical to
the operation of the State's election infrastructure (as so
defined).
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors
Described.--For purposes of this part, a `qualified election
infrastructure vendor' is any person who provides, supports,
or maintains, or who seeks to provide, support, or maintain,
election infrastructure (as defined in section 3908(b) of the
Voter Confidence and Increased Accessibility Act of 2021) on
behalf of a State, unit of local government, or election
agency (as defined in section 3908(b) of such Act) who meets
the criteria described in section 3908(b) of such Act.

``SEC. 298B. ELIGIBILITY OF STATES.

``A State is eligible to receive a grant under this part if
the State submits to the Commission, at such time and in such
form as the Commission may require, an application
containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
298A; and
``(3) such other information and assurances as the
Commission may require.

``SEC. 298C. REPORTS TO CONGRESS.

``Not later than 90 days after the end of each fiscal year,
the Commission shall submit a report to the Committees on
Homeland Security, House Administration, and the Judiciary of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs, the Judiciary, and Rules
and Administration of the Senate, on the activities carried
out with the funds provided under this part.

``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization.--There are authorized to be
appropriated for grants under this part--
``(1) $2,400,000,000 for fiscal year 2022; and
``(2) $175,000,000 for each of the fiscal years 2024, 2026,
2028, and 2030.
``(b) Continuing Availability of Amounts.--Any amounts
appropriated pursuant to the authorization of this section
shall remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1402(c), is amended by adding at the
end of the items relating to subtitle D of title II the
following:

``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements

``Sec. 298. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chair, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 298A
of the Help America Vote Act of 2002 (as added by this Act).
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or permanent
resident of the United States or a member of the Five Eyes
intelligence-sharing alliance; and
(ii) in the case of any election infrastructure which is a
voting machine, ensure that such voting machine is assembled
in the United States.
(B) The vendor shall disclose to the Secretary and the
Chair, and to the chief State election official of any State
to which the vendor provides any goods and services with
funds provided under part 8 of subtitle D of title II of the
Help America Vote Act of 2002 (as added by this Act), of any
sourcing outside the United States for parts of the election
infrastructure.
(C) The vendor shall disclose to the Secretary and the
Chair, and to the chief State election official of any State
to which the vendor provides any goods and services with
funds provided under such part 8, the identification of any
entity or individual with a more than 5 percent ownership
interest in the vendor.
(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the cybersecurity best practices
issued by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is consistent with
the cybersecurity best practices issued by the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with the supply chain best practices
issued by the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security.
(G) The vendor agrees to ensure that it has personnel
policies and practices in place that are consistent with
personnel best practices, including cybersecurity training
and background checks, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a manner
that is consistent with data integrity best practices,
including requirements for encrypted transfers and
validation, testing and checking printed materials for
accuracy, and disclosure of quality control incidents, issued
by the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(I) The vendor agrees to meet the requirements of paragraph
(3) with respect to any known or suspected cybersecurity
incidents involving any of the goods and services provided by
the vendor pursuant to a grant under part 8 of subtitle D of
title II of the Help America Vote Act of 2002 (as added by
this Act).
(J) The vendor agrees to permit independent security
testing by the Election Assistance Commission (in accordance
with section 231(a) of the Help America Vote Act of 2002 (52
U.S.C. 20971)) and by the Secretary of the goods and services
provided by the vendor pursuant to a grant under part 8 of
subtitle D of title II of the Help America Vote Act of 2002
(as added by this Act).
(3) Cybersecurity incident reporting requirements.--

[[Page H119]]

(A) In general.--A vendor meets the requirements of this
paragraph if, upon becoming aware of the possibility that an
election cybersecurity incident has occurred involving any of
the goods and services provided by the vendor pursuant to a
grant under part 8 of subtitle D of title II of the Help
America Vote Act of 2002 (as added by this Act)--
(i) the vendor promptly assesses whether or not such an
incident occurred, and submits a notification meeting the
requirements of subparagraph (B) to the Secretary and the
Chair of the assessment as soon as practicable (but in no
case later than 3 days after the vendor first becomes aware
of the possibility that the incident occurred);
(ii) if the incident involves goods or services provided to
an election agency, the vendor submits a notification meeting
the requirements of subparagraph (B) to the agency as soon as
practicable (but in no case later than 3 days after the
vendor first becomes aware of the possibility that the
incident occurred), and cooperates with the agency in
providing any other necessary notifications relating to the
incident; and
(iii) the vendor provides all necessary updates to any
notification submitted under clause (i) or clause (ii).
(B) Contents of notifications.--Each notification submitted
under clause (i) or clause (ii) of subparagraph (A) shall
contain the following information with respect to any
election cybersecurity incident covered by the notification:
(i) The date, time, and time zone when the election
cybersecurity incident began, if known.
(ii) The date, time, and time zone when the election
cybersecurity incident was detected.
(iii) The date, time, and duration of the election
cybersecurity incident.
(iv) The circumstances of the election cybersecurity
incident, including the specific election infrastructure
systems believed to have been accessed and information
acquired, if any.
(v) Any planned and implemented technical measures to
respond to and recover from the incident.
(vi) In the case of any notification which is an update to
a prior notification, any additional material information
relating to the incident, including technical data, as it
becomes available.
(C) Development of criteria for reporting.--Not later than
1 year after the date of enactment of this Act, the Director
of the Cybersecurity and Infrastructure Security Agency
shall, in consultation with the Election Infrastructure
Sector Coordinating Council, develop criteria for incidents
which are required to be reported in accordance with
subparagraph (A).
(4) Definitions.--In this subsection:
(A) Chair.--The term ``Chair'' means the Chair of the
Election Assistance Commission.
(B) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to
be responsible for coordination of the State's
responsibilities under such Act.
(C) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(D) Election infrastructure.--The term ``election
infrastructure'' means storage facilities, polling places,
and centralized vote tabulation locations used to support the
administration of elections for public office, as well as
related information and communications technology, including
voter registration databases, voting machines, electronic
mail and other communications systems (including electronic
mail and other systems of vendors who have entered into
contracts with election agencies to support the
administration of elections, manage the election process, and
report and display election results), and other systems used
to manage the election process and to report and display
election results on behalf of an election agency.
(E) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(F) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).

Subtitle K--Provisional Ballots

SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY
STANDARDS.

(a) In General.--Section 302 of the Help America Vote Act
of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is
amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Counting of Provisional Ballots.--
``(1) In general.--
``(A) For purposes of subsection (a)(4), if a provisional
ballot is cast within the same county in which the voter is
registered or otherwise eligible to vote, then
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the county, the appropriate
election official of the jurisdiction in which the individual
is registered or otherwise eligible to vote shall count each
vote on such ballot for each election in which the individual
who cast such ballot is eligible to vote.
``(B) In addition to the requirements under subsection (a),
for each State or political subdivision that provides voters
provisional ballots, challenge ballots, or affidavit ballots
under the State's applicable law governing the voting
processes for those voters whose eligibility to vote is
determined to be uncertain by election officials, election
officials shall--
``(i) provide clear written instructions indicating the
reason the voter was given a provisional ballot, the
information or documents the voter needs to prove
eligibility, the location at which the voter must appear to
submit these materials or alternative methods, including
email or facsimile, that the voter may use to submit these
materials, and the deadline for submitting these materials;
``(ii) provide a verbal translation of any written
instructions to the voter if necessary;
``(iii) permit any voter who votes provisionally at any
polling place on Indian lands to appear at any polling place
or at a central location for the election board to submit the
documentation or information to prove eligibility; and
``(iv) notify the voter as to whether the voter's
provisional ballot was counted or rejected and provide the
reason for rejection if the voter's provisional ballot was
rejected after the voter provided the required information or
documentation on eligibility.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit a State or jurisdiction from counting a
provisional ballot which is cast in a different county within
the State than the county in which the voter is registered or
otherwise eligible to vote.
``(f) Due Process Requirements for States Requiring
Signature Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a signature
verification requirement as a condition of accepting and
counting a provisional ballot submitted by any individual
with respect to an election for Federal office unless the
State meets the due process requirements described in
paragraph (2).
``(B) Signature verification requirement described.--In
this subsection, a `signature verification requirement' is a
requirement that an election official verify the
identification of an individual by comparing the individual's
signature on the provisional ballot with the individual's
signature on the official list of registered voters in the
State or another official record or other document used by
the State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a provisional ballot
and the appropriate State or local election official
determines that a discrepancy exists between the signature on
such ballot and the signature of such individual on the
official list of registered voters in the State or other
official record or document used by the State to verify the
signatures of voters, such election official, prior to making
a final determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(ii) cure such discrepancy and count the ballot if, prior
to the expiration of the third day following the State's
deadline for receiving mail-in ballots or absentee ballots,
the individual provides the official with information to cure
such discrepancy, either in person, by telephone, or by
electronic methods.
``(B) Notice and opportunity to cure missing signature or
other defect.--If an individual submits a provisional ballot
without a signature or submits a provisional ballot with
another defect which, if left uncured, would cause the ballot
to not be counted, the appropriate State or local election
official, prior to making a final determination as to the
validity of the ballot, shall--
``(i) as soon as practical, but no later than the next
business day after such determination is made, make a good
faith effort to notify the individual by mail, telephone, and
(if available) text message and electronic mail that--

``(ii) count the ballot if, prior to the expiration of the
third day following the State's deadline for receiving mail-
in ballots or absentee ballots, the individual provides the
official with the missing signature on a form proscribed by
the State or cures the other defect.
``(C) Other requirements.--
``(i) In general.--An election official may not make a
determination that a discrepancy exists between the signature
on a provisional ballot and the signature of the individual
on the official list of registered voters in the State or
other official record or other document used by the State to
verify the signatures of voters unless--

``(ii) Exception.--Clause (i)(III) shall not apply to any
State in which, under a law that

[[Page H120]]

is in effect continuously on and after the date of enactment
of this section, determinations regarding signature
discrepancies are made by election officials who are not
affiliated with a political party.
``(3) Report.--
``(A) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
shall submit to the Commission a report containing the
following information for the applicable Federal election
cycle in the State:
``(i) The number of provisional ballots invalidated due to
a discrepancy under this subsection.
``(ii) Description of attempts to contact voters to provide
notice as required by this subsection.
``(iii) Description of the cure process developed by such
State pursuant to this subsection, including the number of
provisional ballots determined valid as a result of such
process.
``(B) Submission to congress.--Not later than 10 days after
receiving a report under subparagraph (A), the Commission
shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes of this
subsection, the term `Federal election cycle' means, with
respect to any regularly scheduled election for Federal
office, the period beginning on the day after the date of the
preceding regularly scheduled general election for Federal
office and ending on the date of such regularly scheduled
general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot attempted
to be cast in an election for Federal office by an individual
who is not eligible to vote in the election; or
``(B) to prohibit a State from providing an individual with
more time and more methods for curing a discrepancy in the
individual's signature, providing a missing signature, or
curing any other defect than the State is required to provide
under this subsection.
``(5) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(g) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(h) Additional Conditions Prohibited.--If an individual
in a State is eligible to cast a provisional ballot as
provided under this section, the State may not impose any
additional conditions or requirements (including conditions
or requirements regarding the timeframe in which a
provisional ballot may be cast) on the eligibility of the
individual to cast such provisional ballot.''.
(b) Conforming Amendment.--Section 302(h) of such Act (52
U.S.C. 21082(g)), as amended by section 1601(a) and
redesignated by subsection (a), is amended by striking
``subsection (d)(4)'' and inserting ``subsections (d)(4),
(e)(3), and (f)(2)''.

TITLE IV--VOTING SYSTEM SECURITY

SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.

(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section 3601,
is amended by inserting after section 303A the following new
section:

``SEC. 303B. POST-ELECTION AUDITS.

``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome is
not the correct outcome;
``(B) will not change the outcome if the reported outcome
is the correct outcome; and
``(C) involves a manual adjudication of voter intent from
some or all of the ballots validly cast in the election
contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported outcome' means
the outcome of an election contest which is determined
according to the canvass and which will become the official,
certified outcome unless it is revised by an audit, recount,
or other legal process.
``(B) Correct outcome.--The term `correct outcome' means
the outcome that would be determined by a manual adjudication
of voter intent for all votes validly cast in the election
contest.
``(C) Outcome.--The term `outcome' means the winner or set
of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from
electronic or mechanical tabulation devices, of the ballot
choices marked by voters on each voter-verifiable paper
record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of the voting
system used to tabulate votes;
``(B) functions as a sampling frame for conducting a post-
election audit; and
``(C) accounts for all ballots validly cast regardless of
how they were tabulated and includes a precise description of
the manner in which the ballots are physically stored,
including the total number of physical groups of ballots, the
numbering system for each group, a unique label for each
group, and the number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and jurisdiction shall
administer post-election audits of the results of all
election contests for Federal office held in the State in
accordance with the requirements of paragraph (2).
``(ii) Exception.--Clause (i) shall not apply to any
election contest for which the State or jurisdiction conducts
a full recount through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election audit
conducted under subparagraph (A) corrects the reported
outcome of an election contest, the State or jurisdiction
shall use the results of the manual adjudication of voter
intent conducted as part of the post-election audit as the
official results of the election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years after the date of
the enactment of this section, the chief State election
official of the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and procedures
established under clause (i) shall include the following:

``(I) Rules and procedures for ensuring the security of
ballots and documenting that prescribed procedures were
followed.
``(II) Rules and procedures for ensuring the accuracy of
ballot manifests produced by jurisdictions.
``(III) Rules and procedures for governing the format of
ballot manifests and other data involved in post-election
audits.
``(IV) Methods to ensure that any cast vote records used in
a post-election audit are those used by the voting system to
tally the results of the election contest sent to the chief
State election official of the State and made public.
``(V) Rules and procedures for the random selection of
ballots to be inspected manually during each audit.
``(VI) Rules and procedures for the calculations and other
methods to be used in the audit and to determine whether and
when the audit of each election contest is complete.
``(VII) Rules and procedures for testing any software used
to conduct post-election audits.

``(B) Public report.--
``(i) In general.--After the completion of the post-
election audit and at least 5 days before the election
contest is certified by the State, the State shall make
public and submit to the Commission a report on the results
of the audit, together with such information as necessary to
confirm that the audit was conducted properly.
``(ii) Format of data.--All data published with the report
under clause (i) shall be published in machine-readable, open
data formats.
``(iii) Protection of anonymity of votes.--Information and
data published by the State under this subparagraph shall not
compromise the anonymity of votes.
``(iv) Report made available by commission.--After
receiving any report submitted under clause (i), the
Commission shall make such report available on its website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), each State and jurisdiction shall be required to
comply with the requirements of this subsection for the first
regularly scheduled election for Federal office occurring in
2032 and for each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph (C), if a
State certifies to the Commission not later than the first
regularly scheduled election for Federal office occurring in
2032, that the State will not meet the deadline described in
subparagraph (A) because it would be impracticable to do so
and includes in the certification the reasons for the failure
to meet such deadline, subparagraph (A) of this subsection
and subsection (c)(2)(A) shall apply to the State as if the
reference in such subsections to `2032' were a reference to
`2034'.
``(C) Additional waiver period.--If a State certifies to
the Commission not later than the first regularly scheduled
election for Federal office occurring in 2034, that the State
will not meet the deadline described in subparagraph (B)
because it would be impracticable to do so and includes in
the certification the reasons for the failure to meet such
deadline, subparagraph (B) of this subsection and subsection
(c)(2)(A) shall apply to the State as if the reference in
such subsections to `2034' were a reference to `2036'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled elections
for Federal office occurring in 2024 and 2026, each State
shall administer a post-election audit of the result of at
least one statewide election contest for Federal office held
in the State, or if no such statewide contest is on the
ballot, one election contest for Federal office chosen at
random.
``(B) Post-election audit defined.--In this subsection, the
term `post-election audit' means a post-election process that
involves a manual adjudication of voter intent from a sample
of ballots validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2028 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2032, each State shall administer
a post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if
no such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal

[[Page H121]]

office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such
Act, as amended by section 3601, is amended by inserting
after the item relating to section 303A the following new
item:

``Sec. 303B. Post-election audits.''.
(c) Study on Post-election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory
committee to study post-election audits and establish best
practices for post-election audit methodologies and
procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint
individuals to the advisory committee and secure the
representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in election
security;
(C) individuals with experience and expertise in post-
election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
the purposes of this subsection.

SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.

Subparagraph (J) of section 2001(3) of the Homeland
Security Act of 2002 (6 U.S.C. 601(3)) is amended by
inserting ``, including election infrastructure'' before the
period at the end.

SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL
BOOKS AND REMOTE BALLOT MARKING SYSTEMS.

(a) Inclusion Under Voluntary Voting System Guidelines.--
Section 222 of the Help America Vote Act of 2002 (52 U.S.C.
20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f);
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission
shall adopt voluntary voting system guidelines that describe
functionality, accessibility, and security principles for the
design, development, and operation of voting systems,
electronic poll books, and remote ballot marking systems.'';
and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and
Remote Ballot Marking Systems.--
``(1) Adoption date.--The Commission shall adopt initial
voluntary voting system guidelines for electronic poll books
and remote ballot marking systems not later than 1 year after
the date of the enactment of the Freedom to Vote: John R.
Lewis Act.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems
without modifying the most recently adopted voluntary voting
system guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Electronic poll book.--The term `electronic poll
book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the
software, firmware, and documentation required to program,
control, and support the equipment) that is used--
``(A) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(B) to identify registered voters who are eligible to
vote in an election.
``(2) Remote ballot marking system.--The term `remote
ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots outside of a
voting center or polling place; and
``(B) allows a voter to receive a blank ballot to mark
electronically, print, and then cast by returning the printed
ballot to the elections office or other designated
location.''.
(b) Providing for Certification of Electronic Poll Books
and Remote Ballot Marking System.--Section 231(a) of the Help
America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended in
paragraphs (1) and (2) by inserting ``, electronic poll
books, and remote ballot marking systems'' after
``software''.

SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

(a) Requiring States to Submit Reports.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended by inserting after section 301 the following new
section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

``(a) Requiring States to Submit Reports.--Not later than
120 days before the date of each regularly scheduled general
election for Federal office, the chief State election
official of a State shall submit a report to the Commission
containing a detailed voting system usage plan for each
jurisdiction in the State which will administer the election,
including a detailed plan for the usage of electronic poll
books and other equipment and components of such system. If a
jurisdiction acquires and implements a new voting system
within the 120 days before the date of the election, it shall
notify the chief State election official of the State, who
shall submit to the Commission in a timely manner an updated
report under the preceding sentence.
``(b) Effective Date.--Subsection (a) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2022 and each succeeding
regularly scheduled general election for Federal office''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
301 the following new item:

``Sec. 301A. Pre-election reports on voting system
usage.''.

SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED
STATES.

(a) Requirement.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 3904
and section 3906, is further amended by adding at the end the
following new paragraph:
``(10) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later than the
date of the regularly scheduled general election for Federal
office occurring in November 2024, each State shall seek to
ensure to the extent practicable that any voting machine used
in such election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the date of
the regularly scheduled general election for Federal office
occurring in November 2024, each State shall seek to ensure
that any voting machine purchased or acquired for such
election and in any subsequent election for Federal office is
assembled in the United States.
``(C) Software and code requirements.--By not later than
the date of the regularly scheduled general election for
Federal office occurring in November 2024, each State shall
seek to ensure that any software or code developed for any
voting system purchased or acquired for such election and in
any subsequent election for Federal office is developed and
stored in the United States.''.
(b) Conforming Amendment Relating to Effective Date.--
Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as
amended by section 3907, is amended by striking ``paragraph
(2)'' and inserting ``subsection (a)(10) and paragraph (2)''.

SEC. 4006. USE OF POLITICAL PARTY HEADQUARTERS BUILDING FUND
FOR TECHNOLOGY OR CYBERSECURITY-RELATED
PURPOSES.

(a) Permitting Use of Fund.--Section 315(a)(9)(B) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30116(a)(9)(B)) is amended by striking the period at the end
and inserting the following: ``, and to defray technology or
cybersecurity-related expenses.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to calendar year 2022 and each
succeeding calendar year.

SEC. 4007. SEVERABILITY.

DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT

TITLE V--NONPARTISAN REDISTRICTING REFORM

SEC. 5001. 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;
(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;
(3) 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 1 of such amendment,
including protections against excessive partisan
gerrymandering that Federal courts have not enforced because
they understand such enforcement to be committed to Congress
by the Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority;
and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties
by infringing on their First Amendment right to associate
freely and their Fourteenth Amendment right to equal
protection of the laws.

SEC. 5002. BAN ON MID-DECADE REDISTRICTING.

A State that has been redistricted in accordance with this
title 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 terms or conditions of
this title, or applicable State law.

SEC. 5003. CRITERIA FOR REDISTRICTING.

(a) Requiring Plans to Meet Criteria.--A State may not use
a congressional redistricting

[[Page H122]]

plan enacted following the notice of apportionment
transmitted to the President on April 26, 2021, or any
subsequent notice of apportionment, if such plan is not in
compliance with this section, without regard to whether or
not the plan was enacted by the State before, on, or after
the effective date of this title.
(b) Ranked 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
substantially equalize total population, without regard to
age, citizenship status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 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)(A) 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 population, voting age population,
or citizen voting age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to
nominate candidates and to elect representatives of choice
shall require the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in the
relevant geographic region.
(iii) If there is racially polarized voting in the relevant
geographic region, whether the preferred candidates of the
group nevertheless receive a sufficient amount of consistent
crossover support from other voters such that the group is a
functional majority with the ability to both nominate
candidates and elect representatives of choice.
(4)(A) Districts shall be drawn to respect communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through
(3). A community of interest is defined as an area for which
the record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs,
including shared interests and representational needs rooted
in common ethnic, racial, economic, Indian, social, cultural,
geographic, or historic identities, or arising from similar
socioeconomic conditions. The term communities of interest
may, if the record warrants, include political subdivisions
such as counties, municipalities, Indian lands, or school
districts, but shall not include common relationships with
political parties or political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would
most benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially
favoring or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide general
elections for Federal office held over the 8 years preceding
the adoption of the redistricting plan setting forth the
probable electoral outcomes for the plan under a range of
reasonably foreseeable conditions.
(B) An analysis of whether the redistricting plan is
statistically likely to result in partisan advantage or
disadvantage on a statewide basis, the degree of any such
advantage or disadvantage, and whether such advantage or
disadvantage is likely to be present under a range of
reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes for the
redistricting plan to the modeled electoral outcomes for
alternative plans that demonstrably comply with the
requirements of paragraphs (1), (2), and (3) of subsection
(b) in order to determine whether reasonable alternatives
exist that would result in materially lower levels of
partisan advantage or disadvantage on a statewide basis. For
purposes of this subparagraph, alternative plans considered
may include both actual plans proposed during the
redistricting process and other plans prepared for purposes
of comparison.
(D) Any other relevant information, including how broad
support for the redistricting plan was among members of the
entity responsible for developing and adopting the plan and
whether the processes leading to the development and adoption
of the plan were transparent and equally open to all members
of the entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under section
5006 in which a party asserts a claim that a State has
enacted a redistricting plan which is in violation of this
subsection, a party may file a motion not later than 30 days
after the enactment of the plan (or, in the case of a plan
enacted before the effective date of this Act, not later than
30 days after the effective date of this Act) requesting that
the court determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court shall
hold a hearing not later than 15 days after the date the
motion is filed to assess whether a presumption of such a
violation exists.
(B) Assessment.--To conduct the assessment required under
subparagraph (A), the court shall do the following:
(i) Determine the number of congressional districts under
the plan that would have been carried by each political
party's candidates for the office of President and the office
of Senator in the 2 most recent general elections for the
office of President and the 2 most recent general elections
for the office of Senator (other than special general
elections) immediately preceding the enactment of the plan,
except that if a State conducts a primary election for the
office of Senator which is open to candidates of all
political parties, the primary election shall be used instead
of the general election and the number of districts carried
by a party's candidates for the office of Senator shall be
determined on the basis of the combined vote share of all
candidates in the election who are affiliated with such
party.
(ii) Determine, for each of the 4 elections assessed under
clause (i), whether the number of districts that would have
been carried by any party's candidate as determined under
clause (i) results in partisan advantage or disadvantage in
excess of the applicable threshold described in subparagraph
(C). The degree of partisan advantage or disadvantage shall
be determined by one or more standard quantitative measures
of partisan fairness that--

(I) use a party's share of the statewide vote to calculate
a corresponding benchmark share of seats; and
(II) measure the amount by which the share of seats the
party's candidates would have won in the election involved
exceeds that benchmark share of seats.

(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with respect to
a State and a number of seats, the greater of--
(i) an amount equal to 7 percent of the number of
congressional districts in the State; or
(ii) one congressional district.
(D) Description of quantitative measures; prohibiting
rounding.--In carrying out this subsection--
(i) the standard quantitative measures of partisan fairness
used by the court may include the simplified efficiency gap
but may not include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed to
violate paragraph (1) if, on the basis of at least one
standard quantitative measure of partisan fairness, it
exceeds the applicable threshold described in subparagraph
(C) with respect to 2 or more of the 4 elections assessed
under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this title, in any action under this paragraph,
the following rules shall apply:
(i) Upon filing of a motion under subparagraph (A), a
State's use of the plan which is the subject of the motion
shall be automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the court rules that
the plan is presumed under subparagraph (B) to violate
paragraph (1), a State may not use such plan until and unless
the court which is carrying out the determination of the
effect of the plan under paragraph (2) determines that,
notwithstanding the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of a
presumption of a violation with respect to a redistricting
plan as determined under this paragraph shall not affect the
determination of the effect or intent of the plan under this
section.
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or
disfavor a political party, including evidence of the
partisan effects of a plan, the degree of support the plan
received from members of the entity responsible for
developing and adopting the plan, and whether the processes
leading to development and adoption of the plan were
transparent and equally open to all members of the entity and
to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the
criteria set forth in paragraphs (1), (2), or (3) of
subsection (b), unless one or more alternative plans could
have complied with such paragraphs without having the effect
of materially favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing
the redistricting plan for the State, the State 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 (b), 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 5004(c):
(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.
(e) Additional Criteria.--A State may not rely upon
criteria, districting principles, or

[[Page H123]]

other policies of the State which are not set forth in this
section to justify non-compliance with the requirements of
this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise,
responsible for enacting the congressional redistricting plan
of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the notice
of apportionment transmitted to the President on April 26,
2021, regardless of the date of enactment by the State of the
congressional redistricting plan.
(g) Severability of Criteria.--If any provision of this
section or any amendment made by this section, or the
application of any such provision or amendment to any person
or circumstance, is held to be unconstitutional, the
remainder of this section, and the application of such
provision or amendment to any other person or circumstance,
shall not be affected by the holding.

SEC. 5004. DEVELOPMENT OF PLAN.

(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, 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 entity 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) All proposed redistricting plans and the final
redistricting plan, including the accompanying written
evaluation under subsection (c).
(ii) All comments received from the public submitted under
paragraph (1).
(iii) Access in an easily usable format to the demographic
and other data used by the entity to develop and analyze the
proposed redistricting plans, together with any reports
analyzing and evaluating such plans and access to software
that members of the public may use to draw maps of proposed
districts.
(iv) A method by which members of the public may submit
comments directly to the entity.
(B) Searchable format.--The entity 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.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan 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 of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and streamed
live on the public Internet site maintained under subsection
(a)(2);
(B) be sufficient in number, scheduled at times and places,
and noticed and conducted in a manner to ensure that all
members of the public, including members of racial, ethnic,
and language minorities protected under the Voting Rights Act
of 1965, have a meaningful opportunity to attend and provide
input both before and after the entity releases proposed
plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public Internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External
Metrics Required Prior to Vote.--The entity responsible for
developing and adopting the congressional redistricting plan
for a State may not hold a vote on a proposed redistricting
plan, including a vote in a committee, unless at least 48
hours prior to holding the vote the State has released a
written evaluation that measures each such plan against
external metrics which cover the criteria set forth in
section 5003(b), including the impact of the plan on the
ability of members of a class of citizens protected by the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect
candidates of choice, the degree to which the plan preserves
or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of
section 5003(b) and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan
for a State shall make all public comments received about
potential plans, including alternative plans, available to
the public on the Internet site required under subsection
(a)(2), at no cost, not later than 24 hours prior to holding
a vote on final adoption of a plan.

SEC. 5005. FAILURE BY STATE TO ENACT PLAN.

(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including any
extension to the deadline provided in accordance with State
law;
(B) February 15 of the year in which regularly scheduled
general elections for Federal office are held in the State;
or
(C) 90 days before the date of the next regularly scheduled
primary election for Federal office held in the State.
(2) Special rule for plans enacted prior to effective date
of title.--If a State enacted a final congressional
redistricting plan prior to the effective date of this title
and the plan is not in compliance with the requirements of
this title, the State shall enact a final redistricting plan
which is in compliance with the requirements of this title
not later than 45 days after the effective date of this
title.
(b) Development of Plan by Court in Case of Missed
Deadline.--If a State has not enacted a final congressional
redistricting plan by the applicable deadline under
subsection (a), or it appears reasonably likely that a State
will fail to enact a final congressional redistricting plan
by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) 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 have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting 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 congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--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 that a State has failed
to, or is reasonably likely to fail to, enact a final
redistricting plan for the State prior to the expiration of
the applicable deadline set forth in subsection (a).
(d) 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 State under section 5003.
(2) Access to information and records.--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 State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be heard and
present testimony, including expert testimony, in accordance
with the rules of the court; and
(B) consider other submissions and comments by the public,
including proposals for redistricting plans to cover the
entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under
this section, the court may appoint a special master to make
recommendations to the court on possible plans for the State.
(e) 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
to develop the plans and a written evaluation of the plans
against external metrics (as described in section 5004(c)).
(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.
(f) 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.
(g) Appeals.--Review on appeal of any final or interim plan
adopted by the court in accordance with this section shall be
governed by the appellate process in section 5006.
(h) Stay of State Proceedings.--The filing of an action
under this section shall act as a stay of any proceedings in
State court with respect to the State's congressional
redistricting plan unless otherwise ordered by the court.

SEC. 5006. CIVIL ENFORCEMENT.

(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.

[[Page H124]]

(2) Availability of private right of action.--
(A) In general.--Any person residing or domiciled in a
State who is aggrieved by the failure of the State to meet
the requirements of the Constitution or Federal law,
including this title, with respect to the State's
congressional redistricting, 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.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person who is
aggrieved by the failure of a State to meet the requirements
of section 5003(c) may include--
(i) any political party or committee in the State; and
(ii) any registered voter in the State who resides in a
congressional district that the voter alleges was drawn in a
manner that contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--Except for
an award of attorney's fees under subsection (d), a court in
a civil action under this section shall not award the
prevailing party any monetary damages, compensatory,
punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United
States District Court 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. In a
civil action that includes a claim that a redistricting plan
is in violation of section 5003(b) or (c), the United States
District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in any
United States judicial district in which the defendant
resides, is found, or has an agent, or in the United States
judicial district in which the capital of the State is
located. Process may be served in any United States judicial
district where a defendant resides, is found, or has an
agent, or in the United States judicial district in which the
capital of the State is located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on
appeal by the United States Court of Appeals for the District
of Columbia Circuit, which shall hear the matter sitting en
banc. There shall be no right of appeal in such proceedings
to any other court of appeals. Such appeal shall be taken by
the filing of a notice of appeal within 10 days of the entry
of the final decision. A final decision by the Court of
Appeals may be reviewed by the Supreme Court of the United
States by writ of certiorari.
(b) Expedited Consideration.--In any action brought under
this section, it shall be the duty of the district court, the
United States Court of Appeals for the District of Columbia
Circuit, and the Supreme Court of the United States (if it
chooses to hear the action) 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 title--
(i) the court shall adopt a replacement congressional
redistricting plan for the State in accordance with the
process set forth in section 5005; 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, in its
discretion, may allow a State to develop and propose a
remedial congressional redistricting plan for review by the
court to determine whether the plan is in compliance with
this title, except that--

(I) the State may not develop and propose a remedial plan
under this clause if the court determines that the
congressional redistricting plan of the State was enacted
with discriminatory intent in violation of the Constitution
or section 5003(b); and
(II) nothing in this clause may be construed to permit a
State to use such a remedial plan which has not been approved
by the court.

(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in whole or
in part, the requirements of this title, or to conduct an
election under terms and conditions which violate, in whole
or in part, the requirements of this title.
(C) Special rule in case final adjudication not expected
within 3 months of election.--
(i) Duty of court.--If final adjudication of an action
under this section is not reasonably expected to be completed
at least 3 months prior to the next regularly scheduled
primary election for the House of Representatives in the
State, the district court shall--

(I) develop, adopt, and order the use of an interim
congressional redistricting plan in accordance with section
5005(f) to address any claims under this title for which a
party seeking relief has demonstrated a substantial
likelihood of success; or
(II) order adjustments to the timing of primary elections
for the House of Representatives and other related deadlines,
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.

(ii) Prohibiting failure to act on grounds of pendency of
election.--The court may not refuse to take any action
described in clause (i) on the grounds of the pendency of the
next election held in the State or the potential for
disruption, confusion, or additional burdens with respect to
the administration of the election in the State.
(2) 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
title, 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. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except
upon an order holding, based on the record, that adoption of
such plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon consideration
of an appeal under this title, the Court of Appeals
determines that a plan does not comply with the requirements
of this title, it shall direct that the District Court
promptly develop a new remedial plan with assistance of a
special master for consideration by the Court of Appeals.
(B) Failure of district court to take timely action.--If,
at any point during the pendency of an action under this
section, the District Court fails to take action necessary to
permit resolution of the case prior to the next regularly
scheduled election for the House of Representatives in the
State or fails to grant the relief described in paragraph
(1)(C), any party may seek a writ of mandamus from the Court
of Appeals for the District of Columbia Circuit. The Court of
Appeals shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the Court
of Appeals determines that a writ should be granted, the
Court of Appeals shall take any action necessary, including
developing a congressional redistricting plan with assistance
of a special master to ensure that a remedial plan is adopted
in time for use in the next regularly scheduled election for
the House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any
claims or issues not addressed by the replacement plan,
including claims that the plan which is the subject of the
action was enacted, in whole or in part, with discriminatory
intent, or claims to consider whether relief should be
granted under section 3(c) of the Voting Rights Act of 1965
(52 U.S.C. 10302(c)) based on the plan which is the subject
of the action.
(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
title 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 title
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 title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district
courts of the United States have exclusive jurisdiction under
this title may be removed by any party in the case, including
an intervenor, by filing, in the district court for an
applicable venue under this section, a notice of removal
signed pursuant to Rule 11 of the Federal Rules of Civil
Procedure containing a short and plain statement of the
grounds for removal. Consent of parties shall not be required
for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the
State court from which the action was removed.

SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

Nothing in this title or in any amendment made by this
title 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.

[[Page H125]]

SEC. 5008. EFFECTIVE DATE.

(a) In General.--This title and the amendments made by this
title shall apply on the date of enactment of this title.
(b) Application to Congressional Redistricting Plans
Resulting From 2020 Decennial Census.--Notwithstanding
subsection (a), this title and the amendments made by this
title, other than section 5004, shall apply with respect to
each congressional redistricting plan enacted pursuant to the
notice of apportionment transmitted to the President on April
26, 2021, without regard to whether or not a State enacted
such a plan prior to the date of the enactment of this Act.

TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

Subtitle A--DISCLOSE Act

SEC. 6001. SHORT TITLE.

This subtitle may be cited as the ``Democracy Is
Strengthened by Casting Light On Spending in Elections Act of
2021'' or the ``DISCLOSE Act of 2021''.

SEC. 6002. FINDINGS.

Congress finds the following:
(1) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in U.S.
campaigns. To further these substantial interests, campaign
finance disclosure must be timely and complete, and must
disclose the true and original source of money given,
transferred, and spent to influence Federal elections.
Current law does not meet this objective because corporations
and other entities that the Supreme Court has permitted to
spend money to influence Federal elections are subject to few
if any transparency requirements.
(2) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1, (1976), ``disclosure
requirements certainly in most applications appear to be the
least restrictive means of curbing the evils of campaign
ignorance and corruption that Congress found to exist.''
Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court
reiterated that ``disclosure is a less restrictive
alternative to more comprehensive regulations of speech.''
558 U.S. 310, 369 (2010).
(3) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the
Court did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(4) Campaign finance disclosure is also essential to
enforce the Federal Election Campaign Act's prohibition on
contributions by and solicitations of foreign nationals. See
section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121).
(5) Congress should close loopholes allowing spending by
foreign nationals in domestic elections. For example, in
2021, the Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process, found reason to believe and
conciliated a matter where an experienced political
consultant knowingly and willfully violated Federal law by
soliciting a contribution from a foreign national by offering
to transmit a $2,000,000 contribution to a super PAC through
his company and two 501(c)(4) organizations, to conceal the
origin of the funds. This scheme was only unveiled after
appearing in a The Telegraph UK article and video capturing
the solicitation. See Conciliation Agreement, MURs 7165 &
7196 (Great America PAC, et al.), date June 28, 2021; Factual
and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated
Mar. 2, 2021.

PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS

SEC. 6003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN
TO CERTAIN DISBURSEMENTS AND ACTIVITIES.

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'' 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)).''.

SEC. 6004. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN
FEDERAL ELECTIONS.

(a) Study.--For each 4-year election cycle (beginning with
the 4-year election cycle ending in 2020), the Comptroller
General shall conduct a study on the incidence of illicit
foreign money in all elections for Federal office held during
the preceding 4-year election cycle, including what
information is known about the presence of such money in
elections for Federal office.
(b) Report.--
(1) In general.--Not later than the applicable date with
respect to any 4-year election cycle, the Comptroller General
shall submit to the appropriate congressional committees a
report on the study conducted under subsection (a).
(2) Matters included.--The report submitted under paragraph
(1) shall include a description of the extent to which
illicit foreign money was used to target particular groups,
including rural communities, African-American and other
minority communities, and military and veteran communities,
based on such targeting information as is available and
accessible to the Comptroller General.
(3) Applicable date.--For purposes of paragraph (1), the
term ``applicable date'' means--
(A) in the case of the 4-year election cycle ending in
2020, the date that is 1 year after the date of the enactment
of this Act; and
(B) in the case of any other 4-year election cycle, the
date that is 1 year after the date on which such 4-year
election cycle ends.
(c) Definitions.--As used in this section:
(1) 4-year election cycle.--The term ``4-year election
cycle'' means the 4-year period ending on the date of the
general election for the offices of President and Vice
President.
(2) Illicit foreign money.--The term ``illicit foreign
money'' means any contribution, donation, expenditure, or
disbursement by a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C.30121(b))) prohibited under such section.
(3) Election; federal office.--The terms ``election'' and
``Federal office'' have the meanings given such terms under
section 301 of the Federal Election Campaign Act of 1971 (53
U.S.C. 30101).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on House Administration of the House of
Representatives;
(B) the Committee on Rules and Administration of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on the Judiciary of the Senate.
(d) Sunset.--This section shall not apply to any 4-year
election cycle beginning after the election for the offices
of President and Vice President in 2032.

SEC. 6005. 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 6003, is amended by adding at the end the following
new paragraph:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national described in section
304(j)(3)(C);
``(B) a foreign principal described in section 1(b)(2) or
1(b)(3) of the Foreign Agent Registration Act of 1938, as
amended (22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a
foreign principal under such Act.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections held in 2022 or any
succeeding year.

SEC. 6006. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN
MONEY BAN.

(a) Disbursements Described.--Section 319(a)(1) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering communication
(within the meaning of section 304(f)(3));
``(F) a disbursement for a communication which is placed or
promoted for a fee on a website, web application, or digital
application that refers to a clearly identified candidate for
election for Federal office and is disseminated within 60
days before a general, special or runoff election for the
office sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a political
party that has authority to nominate a candidate for the
office sought by the candidate;
``(G) a disbursement by a covered foreign national
described in section 304(j)(3)(C) 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 (as defined in
section 304(k)(3)), that discusses a national legislative
issue of public importance in a year in which a regularly
scheduled general election for Federal office is held, but
only if the disbursement is made by a covered foreign
national described in section 304(j)(3)(C);
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any person
for internet activity that promotes, supports, attacks or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether

[[Page H126]]

the activity contains express advocacy or the functional
equivalent of express advocacy); or
``(J) a disbursement by a covered foreign national
described in section 304(j)(3)(C) for a Federal judicial
nomination communication (as defined in section
324(g)(2));''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.

SEC. 6007. PROHIBITING ESTABLISHMENT OF CORPORATION TO
CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY
FOREIGN NATIONALS.

(a) Prohibition.--Chapter 29 of title 18, United States
Code, as amended by section 2001(a) and section 3101(a), is
amended by adding at the end the following:

``Sec. 614. Establishment of corporation to conceal election
contributions and donations by foreign nationals

``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company,
or other entity to establish or use the corporation, company,
or other entity with the intent to conceal an activity of a
foreign national (as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited
under such section 319.
``(b) Penalty.--Any person who violates subsection (a)
shall be imprisoned for not more than 5 years, fined under
this title, or both.''.
(b) Table of Sections.--The table of sections for chapter
29 of title 18, United States Code, as amended by section
2001(b) and section 3101(b), is amended by inserting after
the item relating to section 612 the following:

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

PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

(a) In General.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:

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

``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000
in an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under this
subsection, for the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the first such disclosure date) and
ending on the first such disclosure date; and
``(B) in the case of any subsequent statement filed under
this subsection, for the period beginning on the previous
disclosure date and ending on such disclosure date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and, in the
case of a covered organization that is a corporation (other
than a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d))) or an entity described in subsection (e)(2), a list
of the beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by name and current
residential or business street address; and
``(ii) if any beneficial owner exercises control over the
entity through another legal entity, such as a corporation,
partnership, limited liability company, or trust, identifies
each such other legal entity and each such beneficial owner
who will use that other entity to exercise control over the
entity.
``(B) The amount of each campaign-related disbursement made
by such organization during the period covered by the
statement of more than $1,000, and the name and address of
the person to whom the disbursement was made.
``(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the
campaign-related disbursement pertains and if the
disbursement is made for a public communication, the name of
any candidate identified in such communication and whether
such communication is in support of or in opposition to a
candidate.
``(D) A certification by the chief executive officer or
person who is the head of the covered organization that the
campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion
of a candidate, authorized committee, or agent of a
candidate, political party, or agent of a political party.
``(E)(i) If the covered organization makes campaign-related
disbursements using exclusively funds in a segregated bank
account consisting of funds that were paid directly to such
account by persons other than the covered organization that
controls the account, for each such payment to the account--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of $10,000 or
more during the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 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

[[Page H127]]

``(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.
``(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 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) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C) or (D) 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; or
``(D) 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.--Except as
provided in subsection (b)(1), 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.''.
(b) 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''.
(c) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate regulations relating the application of the
exemption under section 324(a)(3)(C) of the Federal Election
Campaign Act of 1971 (as added by paragraph (1)). Such
regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1)
of such Act (as added by paragraph (1)), and
(2) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).

SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION
DISBURSEMENTS.

(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of
actual bias--based on objective and reasonable perceptions--
when a person with a personal stake in a particular case had
a significant and disproportionate influence in placing the
judge on the case.'' ( Caperton v. A. T. Massey Coal Co., 556
U.S. 868, 884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that
corporations have too much power and influence in politics
and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made

[[Page H128]]

possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity.
Super PACs can accept and spend unlimited contributions from
any non-foreign source. These groups can spend tens of
millions of dollars on political activities. Such dark money
groups spent an estimated $1,050,000,000 in the 2020 election
cycle.
(5) Dark money is used to shape judicial decision-making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case
and provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the
people spending money supporting or opposing judicial
nominations have business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126), as amended by section
6011, is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for a
Federal judicial nomination communication shall be treated as
a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements which
are for Federal judicial nomination communications--
``(i) the dollar amounts in paragraphs (1) and (2) of
subsection (a) shall be applied separately with respect to
such disbursements and other campaign-related disbursements;
``(ii) the election reporting cycle shall be the calendar
year in which the disbursement for the Federal judicial
nomination communication is made;
``(iii) references to a candidate in subsections (a)(2)(C),
(a)(2)(D), and (a)(3)(C) shall be treated as references to a
nominee for a Federal judge or justice;
``(iv) the reference to an election in subsection (a)(2)(C)
shall be treated as a reference to the nomination of such
nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial nomination
communication' means any communication--
``(i) that is by means of any broadcast, cable, or
satellite, paid internet, or paid digital communication, paid
promotion, newspaper, magazine, outdoor advertising facility,
mass mailing, telephone bank, telephone messaging effort of
more than 500 substantially similar calls or electronic
messages within a 30-day period, or any other form of general
public political advertising; and
``(ii) which promotes, supports, attacks, or opposes the
nomination or Senate confirmation of an individual as a
Federal judge or justice.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(C) Intent not required.--A disbursement for an item
described in subparagraph (A) shall be treated as a
disbursement for a Federal judicial nomination communication
regardless of the intent of the person making the
disbursement.''.

SEC. 6013. COORDINATION WITH FINCEN.

(a) 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 part.
(b) 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. 6014. 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 6003,
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. 6015. EFFECTIVE DATE.

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

PART 3--OTHER ADMINISTRATIVE REFORMS

SEC. 6021. 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. 6022. 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, including title V, or of chapter 95 or 96 of the
Internal Revenue Code of 1986, or is brought to with respect
to any action of the Commission under chapter 95 or 96 of the
Internal Revenue Code of 1986, the following rules shall
apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal
from the decision of the district court may be taken to the
Court of Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy 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.

SEC. 6023. EFFECTIVE DATE.

The amendments made by this subtitle shall take effect and
apply on the date of the enactment of this Act, without
regard to whether or not the Federal Election Commission has
promulgated regulations to carry out this subtitle and the
amendments made by this subtitle.

[[Page H129]]

Subtitle B--Honest Ads

SEC. 6101. SHORT TITLE.

This subtitle may be cited as the ``Honest Ads Act''.

SEC. 6102. PURPOSE.

The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving
disclosure requirements for online political advertisements
in order to uphold the Supreme Court's well-established
standard that the electorate bears the right to be fully
informed.

SEC. 6103. FINDINGS.

Congress makes the following findings:
(1) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established
under the Act, noting that such requirements ``provide the
electorate with information and insure that the voters are
fully informed about the person or group who is speaking.''
The Court reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to a study from Borrell Associates, in 2016,
$1,415,000,000 was spent on online advertising, more than
quadruple the amount in 2012.
(4) Effective and complete transparency for voters must
include information about the true and original source of
money given, transferred, and spent on political
advertisements made online.
(5) Requiring the disclosure of this information is a
necessary and narrowly tailored means to inform the voting
public of who is behind digital advertising disseminated to
influence their votes and to enable the Federal Election
Commission and the Department of Justice to detect and
prosecute illegal foreign spending on local, State, and
Federal elections and other campaign finance violations.
(6) Paid advertising on large online platforms is different
from advertising placed on other common media in terms of the
comparatively low cost of reaching large numbers of people,
the availability of sophisticated microtargeting, and the
ease with which online advertisers, particularly those
located outside the United States, can evade disclosure
requirements. Requiring large online platforms to maintain
public files of information about the online political ads
they disseminate is the best and least restrictive means to
ensure the voting public has complete information about who
is trying to influence their votes and to aid enforcement of
other laws, including the prohibition on foreign money in
domestic campaigns.
(7) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
210,000,000 American users--over 160,000,000 of them on a
daily basis. By contrast, the largest cable television
provider has 22,430,000 subscribers, while the largest
satellite television provider has 21,000,000 subscribers. And
the most-watched television broadcast in United States
history had 118,000,000 viewers.
(8) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate
materially false, inflammatory, or contradictory messages to
the public. Social media platforms, in contrast, can target
portions of the electorate with direct, ephemeral
advertisements often on the basis of private information the
platform has on individuals, enabling political
advertisements that are contradictory, racially or socially
inflammatory, or materially false.
(9) According to comscore, 2 companies own 8 of the 10 most
popular smart phone applications as of June 2017, including
the most popular social media and email services which
deliver information and news to users without requiring
proactivity by the user. Those same 2 companies accounted for
99 percent of revenue growth from digital advertising in
2016, including 77 percent of gross spending. 79 percent of
online Americans--representing 68 percent of all Americans--
use the single largest social network, while 66 percent of
these users are most likely to get their news from that site.
(10) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing
campaign finance regulations.
(11) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(12) In testimony before the Senate Select Committee on
Intelligence titled, ``Disinformation: A Primer in Russian
Active Measures and Influence Campaigns'', multiple expert
witnesses testified that while the disinformation tactics of
foreign adversaries have not necessarily changed, social
media services now provide ``platform[s] practically purpose-
built for active measures[.]'' Similarly, as Gen. Keith B.
Alexander (RET.), the former Director of the National
Security Agency, testified, during the Cold War ``if the
Soviet Union sought to manipulate information flow, it would
have to do so principally through its own propaganda outlets
or through active measures that would generate specific news:
planting of leaflets, inciting of violence, creation of other
false materials and narratives. But the news itself was hard
to manipulate because it would have required actual control
of the organs of media, which took long-term efforts to
penetrate. Today, however, because the clear majority of the
information on social media sites is uncurated and there is a
rapid proliferation of information sources and other sites
that can reinforce information, there is an increasing
likelihood that the information available to average
consumers may be inaccurate (whether intentionally or
otherwise) and may be more easily manipulable than in prior
eras.''.
(13) On November 24, 2016, The Washington Post reported
findings from 2 teams of independent researchers that
concluded Russians ``exploited American-made technology
platforms to attack U.S. democracy at a particularly
vulnerable moment *** as part of a broadly effective strategy
of sowing distrust in U.S. democracy and its leaders.''.
(14) On January 6, 2017, the Office of the Director of
National Intelligence published a report titled ``Assessing
Russian Activities and Intentions in Recent U.S. Elections'',
noting that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the US presidential
election * * *''. Moscow's influence campaign followed a
Russian messaging strategy that blends covert intelligence
operation--such as cyber activity--with overt efforts by
Russian Government agencies, state-funded media, third-party
intermediaries, and paid social media users or ``trolls''.
(15) On September 6, 2017, the nation's largest social
media platform disclosed that between June 2015 and May 2017,
Russian entities purchased $100,000 in political
advertisements, publishing roughly 3,000 ads linked to fake
accounts associated with the Internet Research Agency, a pro-
Kremlin organization. According to the company, the ads
purchased focused ``on amplifying divisive social and
political messages ***''.
(16) Findings from a 2017 study on the manipulation of
public opinion through social media conducted by the
Computational Propaganda Research Project at the Oxford
Internet Institute found that the Kremlin is using pro-
Russian bots to manipulate public discourse to a highly
targeted audience. With a sample of nearly 1,300,000 tweets,
researchers found that in the 2016 election's 3 decisive
States, propaganda constituted 40 percent of the sampled
election-related tweets that went to Pennsylvanians, 34
percent to Michigan voters, and 30 percent to those in
Wisconsin. In other swing States, the figure reached 42
percent in Missouri, 41 percent in Florida, 40 percent in
North Carolina, 38 percent in Colorado, and 35 percent in
Ohio.
(17) 2018 reporting by the Washington Post estimated that
paid Russian ads received more than 37,000,000 impressions in
2016 and 2017.
(18) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference
in the 2016 U.S. Election Volume 2: Russia's Use of Social
Media with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements
should apply online. This will also help to ensure that the
IRA or any similarly situated actors cannot use paid
advertisements for purposes of foreign interference.''.
(19) A 2020 study by researchers at New York University
found undisclosed political advertisement purchases on a
large social media platform by a Chinese state media company
in violation of that platform's supposed prohibitions on
foreign spending on ads of social, national, or electoral
importance.
(20) The same study also found that ``there are persistent
issues with advertisers failing to disclose political ads''
and that in one social media platform's political ad archive,
68,879 pages (54.6 percent of pages with political ads
included in the archive) never provided a disclosure.
Overall, there were 357,099 ads run on that platforms without
a disclosure, accounting for at least $37,000,000 in spending
on political ads.
(21) A 2020 report by the bipartisan and bicameral U.S.
Cyberspace Solarium Commission found that ``Although foreign
nationals are banned from contributing to U.S. political
campaigns, they are still allowed to purchase U.S. political
advertisements online, making the internet a fertile
environment for conducting a malign influence campaign to
undermine American elections.'' The Commission concluded that
Russian interference in the 2016 election was and still is
possible, ``because the FECA, which establishes rules for
transparency in television, radio, and print media political
advertising, has not been amended to extend the same
political advertising requirements to internet platforms,''
and that ``[a]pplying these standards across all media of
communication would, among other things, increase
transparency of funding for political advertisements, which
would in turn strengthen regulators' ability to reduce
improper foreign influence in our elections.''

[[Page H130]]

(22) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found:
``Throughout the election cycle, Russia's online influence
actors sought to affect U.S. public perceptions of the
candidates, as well as advance Moscow's longstanding goals of
undermining confidence in US election processes and
increasing sociopolitical divisions among the American
people.'' The report also determined that Iran sought to
influence the election by ``creating and amplifying social
media content that criticized [candidates].''
(23) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad-buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight
or repercussions from the platforms.
(24) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese government and Chinese state-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese
propaganda.
(25) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have
not been taken by all platforms, have not been reliably
enforced, and are subject to immediate change at the
discretion of the platforms.
(26) The Federal Election Commission has failed to take
action to address online political advertisements and current
regulations on political advertisements do not provide
sufficient transparency to uphold the public's right to be
fully informed about political advertisements made online.

SEC. 6104. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online
platforms in the lives of Americans, requires the Congress
and the Federal Election Commission to take meaningful action
to ensure that laws and regulations provide the
accountability and transparency that is fundamental to our
democracy;
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including
the prohibition on campaign spending by foreign nationals.

SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

(a) In General.--Paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))
is amended by striking ``or satellite communication'' and
inserting ``satellite, paid internet, or paid digital
communication''.
(b) Treatment of Contributions and Expenditures.--Section
301 of such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``in any
public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station or any
print, online, or digital newspaper, magazine, blog,
publication, or periodical, unless such broadcasting, print,
online, or digital facilities are owned or controlled by any
political party, political committee, or candidate;''; and
(B) in clause (iv), by striking ``on broadcasting stations,
or in newspapers, magazines, or similar types of general
public political advertising'' and inserting ``in any public
communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a)
of section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``financing any
public communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``solicits any
contribution through any public communication''.
(d) Effective Date.--The amendments made by this section
shall take effect 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 the final
regulations necessary to carry out this part and the
amendments made by this part by the deadline set forth in
subsection (e).
(e) Regulation.--Not later than 1 year after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate regulations on what constitutes a paid
internet or paid digital communication for purposes of
paragraph (22) of section 301 of the Federal Election
Campaign Act of 1971(52 U.S.C. 30101(22)), as amended by
subsection (a), except that such regulation shall not define
a paid internet or paid digital communication to include
communications for which the only payment consists of
internal resources, such as employee compensation, of the
entity paying for the communication.

SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING
COMMUNICATION.

(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section 304(f)(3) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ``or satellite
communication'' each place it appears in clauses (i) and (ii)
and inserting ``satellite, or qualified internet or digital
communication''.
(B) Qualified internet or digital communication.--Paragraph
(3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is
amended by adding at the end the following new subparagraph:
``(D) Qualified internet or digital communication.--The
term `qualified internet or digital communication' means any
communication which is placed or promoted for a fee on an
online platform (as defined in subsection (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station or any online or digital
newspaper, magazine, blog, publication, or periodical, unless
such broadcasting, online, or digital facilities are owned or
controlled by any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to communications made on or after
January 1, 2022 and shall take effect without regard to
whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.

SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.

(a) Clear and Conspicuous Manner Requirement.--Subsection
(a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make
a statement in a clear and conspicuous manner if it is
difficult to read or hear or if the placement is easily
overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any qualified internet or digital communication (as
defined in section 304(f)(3)(D)) which is disseminated
through a medium in which the provision of all of the
information specified in this section is not possible, the
communication shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the information
required under this section with minimal effort and without
receiving or viewing any additional material other than such
required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the communication; and
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible
and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(i) is included at either the beginning or the end of the
communication; and
``(ii) is made both in--

``(I) a written format that meets the requirements of
subparagraph (A) and appears for at least 4 seconds; and
``(II) an audible format that meets the requirements of
subparagraph (B).

``(D) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in subparagraph (A),
(B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11,
Code of Federal Regulations, or any successor to such rules,
shall have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).

[[Page H131]]

(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C.
30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through radio'' and
inserting ``which is in an audio format''; and
(B) by striking ``By radio'' in the heading and inserting
``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through television''
and inserting ``which is in video format''; and
(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or television''
and inserting ``made in audio or video format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect 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. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE
PLATFORMS.

(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
3802, is amended by adding at the end the following new
subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--
``(i) In general.--An online platform shall maintain, and
make available for online public inspection in machine
readable format, a complete record of any request to purchase
on such online platform a qualified political advertisement
which is made by a person whose aggregate requests to
purchase qualified political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political ads sold by third
party advertising vendors.--An online platform that displays
a qualified political advertisement sold by a third party
advertising vendor as defined in (3)(C), shall include on its
own platform an easily accessible and identifiable link to
the records maintained by the third-party advertising vendor
under clause (i) regarding such qualified political
advertisement.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political advertisement on
an online platform shall provide the online platform with
such information as is necessary for the online platform to
comply with the requirements of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the advertisement
is first displayed and last displayed; and
``(C) information regarding--
``(i) the total cost of the advertisement;
``(ii) the name of the candidate to which the advertisement
refers and the office to which the candidate is seeking
election, the election to which the advertisement refers, or
the national legislative issue to which the advertisement
refers (as applicable);
``(iii) in the case of a request made by, or on behalf of,
a candidate, the name of the candidate, the authorized
committee of the candidate, and the treasurer of such
committee; and
``(iv) in the case of any request not described in clause
(iii), the name of the person purchasing the advertisement,
the name and address of a contact person for such person, and
a list of the chief executive officers or members of the
executive committee or of the board of directors of such
person.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection, 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) Third-party advertising vendor defined.--For purposes
of this subsection, 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.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any political
matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no
material differences (such as versions that differ only
because they contain a recipient's name, or differ only in
size, color, font, or layout) may be treated as a single
qualified political advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with
the requirements of this subsection, see section 309.''.
(b) Effective Date.--The amendments made by this section
shall take effect 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 the final
regulations necessary to carry out this part and the
amendments made by this part by the deadline set forth in
subsection (c).
(c) Rulemaking.--Not later than 120 days after the date of
the enactment of this Act, the Federal Election Commission
shall establish rules--
(1) requiring common data formats for the record required
to be maintained under section 304(k) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(d) Reporting.--Not later than 2 years after the date of
the enactment of this Act, and biannually thereafter, the
Chairman of the Federal Election Commission shall submit a
report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.

SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES,
INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN
NATIONALS IN THE FORM OF ONLINE ADVERTISING.

Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121) is amended by adding at the end the
following new subsection:
``(c) Responsibilities of Broadcast Stations, Providers of
Cable and Satellite Television, and Online Platforms.--
``(1) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider,
or platform are not purchased by a foreign national, directly
or indirectly.
``(2) Regulations.-- Not later than 1 year after the date
of the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.

SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES
IDENTIFYING SPONSORS OF POLITICAL
ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE
TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED.

(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
3802 and section 6108(a), is amended by adding at the end the
following new subsection:
``(l) Ensuring Display and Sharing of Sponsor
Identification in Online Political Advertisements.--
``(1) Requirement.--An online platform displaying a
qualified political advertisement shall--
``(A) display with the advertisement a visible notice
identifying the sponsor of the advertisement (or, if it is
not practical for the platform to display such a notice, a
notice that the advertisement is sponsored by a person other
than the platform); and
``(B) ensure that the notice will continue to be displayed
if a viewer of the advertisement shares the advertisement
with others on that platform.
``(2) Definitions.--In this subsection--
``(A) the term `online platform' has the meaning given such
term in subsection (k)(3); and
``(B) the term ``qualified political advertisement' has the
meaning given such term in subsection (k)(4).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to advertisements displayed on or
after the 120-day period which begins on the date of the
enactment of this Act and shall take effect without regard to
whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.

[[Page H132]]

Subtitle C--Spotlight Act

SEC. 6201. SHORT TITLE.

This subtitle may be cited as the ``Spotlight Act''.

SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL
RETURNS OF CERTAIN ORGANIZATIONS.

(a) Repeal of Regulations.--The final regulations of the
Department of the Treasury relating to guidance under section
6033 regarding the reporting requirements of exempt
organizations (published at 85 Fed. Reg. 31959 (May 28,
2020)) shall have no force and effect.
(b) Inclusion of Contributor Information.--
(1) Social welfare organizations.--Section 6033(f)(1) of
the Internal Revenue Code of 1986 is amended by inserting
``(5),'' after ``paragraphs''.
(2) Labor organizations and business leagues.--Section 6033
of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the
following new subsection:
``(o) Additional Requirements for Organizations Described
in Subsections (c)(5) and (c)(6) of Section 501.--Every
organization which is described in paragraph (5) or (6) of
section 501(c) and which is subject to the requirements of
subsection (a) shall include on the return required under
subsection (a) the information referred to in subsection
(b)(5).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns required to be filed for taxable years
ending after the date of the enactment of this Act.
(c) Modification to Discretionary Exceptions.--Section
6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(B) Discretionary exceptions.--
``(i) In general.--Paragraph (1) shall not apply to any
organization if the Secretary made a determination under this
subparagraph before July 16, 2018, that such filing is not
necessary to the efficient administration of the internal
revenue laws.
``(ii) Recommendations for other exceptions.--The Secretary
may recommend to Congress that Congress relieve any
organization required under paragraph (1) to file an
information return from filing such a return if the Secretary
determines that such filing does not advance a national
security, law enforcement, or tax administration purpose.''.

TITLE VII--CAMPAIGN FINANCE OVERSIGHT

Subtitle A--Stopping Super PAC-Candidate Coordination

SEC. 7001. SHORT TITLE.

This subtitle may be cited as the ``Stop Super PAC-
Candidate Coordination Act''.

SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED
EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES.

(a) Treatment as Contribution to Candidate.--Section
301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than a
candidate, an authorized committee of a candidate, or a
political committee of a political party) for a coordinated
expenditure (as such term is defined in section 325) which is
not otherwise treated as a contribution under clause (i) or
clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et
seq.) is amended by adding at the end the following new
section:

``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.

``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is made in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate, an authorized committee of a
candidate, a political committee of a political party, or
agents of the candidate or committee, as defined in
subsection (b); or
``(B) any payment for any communication which republishes,
disseminates, or distributes, in whole or in part, any video
or broadcast or any written, graphic, or other form of
campaign material prepared by the candidate or committee or
by agents of the candidate or committee (including any
excerpt or use of any video from any such broadcast or
written, graphic, or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered
communication described in subsection (e)) shall not be
treated as a coordinated expenditure under this subsection
if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or
controlled by any political party, political committee, or
candidate; or
``(B) the communication constitutes a candidate debate or
forum conducted pursuant to regulations adopted by the
Commission pursuant to section 304(f)(3)(B)(iii), or which
solely promotes such a debate or forum and is made by or on
behalf of the person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a
political party, or agents of the candidate or committee, if
the payment, or any communication for which the payment is
made, is not made entirely independently of the candidate,
committee, or agents. For purposes of the previous sentence,
a payment or communication not made entirely independently of
the candidate or committee includes any payment or
communication made pursuant to any general or particular
understanding with, or pursuant to any communication with,
the candidate, committee, or agents about the payment or
communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered
to be made by a person in cooperation, consultation, or
concert with, or at the request or suggestion of, a candidate
or committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any
agent of the candidate or committee, regarding the
candidate's or committee's campaign advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, or other campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination
of coordination between a candidate and a political committee
of a political party for purposes of section 315(d).
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection
(a)(1)(A), if the person who makes a payment for a covered
communication, as defined in subsection (e), is a coordinated
spender under paragraph (2) with respect to the candidate as
described in paragraph (2), the payment for the covered
communication is made in cooperation, consultation, or
concert with the candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with
respect to a candidate or an authorized committee of a
candidate, a person (other than a political committee of a
political party) for which any of the following applies:
``(A) During the 4-year period ending on the date on which
the person makes the payment, the person was directly or
indirectly formed or established by or at the request or
suggestion of, or with the encouragement of, the candidate
(including an individual who later becomes a candidate) or
committee or agents of the candidate or committee, including
with the approval of the candidate or committee or agents of
the candidate or committee.
``(B) The candidate or committee or any agent of the
candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising activity
on the person's behalf during the election cycle involved,
including by providing the person with names of potential
donors or other lists to be used by the person in engaging in
fundraising activity, regardless of whether the person pays
fair market value for the names or lists provided. For
purposes of this subparagraph, the term `election cycle'
means, with respect to an election for Federal office, the
period beginning on the day after the date of the most recent
general election for that office (or, if the general election
resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election).
``(C) The person is established, directed, or managed by
the candidate or committee or by any person who, during the
4-year period ending on the date on which the person makes
the payment, has been employed or retained as a political,
campaign media, or fundraising adviser or consultant for the
candidate or committee or for any other entity directly or
indirectly controlled by the candidate or committee, or has
held a formal position with the candidate or committee
(including a position as an employee of the office of the
candidate at any time the candidate held any Federal, State,
or local public office during the 4-year period).
``(D) The person has retained the professional services of
any person who, during the 2-year period ending on the date
on which the person makes the payment, has provided or is
providing professional services relating to the campaign to
the candidate or committee, unless the person providing the
professional services used a firewall or similar procedure in
accordance with subsection (d). For purposes of this
subparagraph, the term `professional services' includes any
services in support of the candidate's or committee's
campaign activities, including advertising, message,
strategy, policy, polling, allocation of resources,
fundraising, and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or managed by a
member of the immediate family of the candidate, or the
person or any officer or agent of the person has had more
than incidental discussions about the candidate's campaign
with a member of the immediate family of the candidate. For
purposes of this subparagraph, the term `immediate family'
has the meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Use of Firewall as Safe Harbor.--
``(1) No coordination if firewall applies.--A person shall
not be determined to have made

[[Page H133]]

a payment in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate or committee in
accordance with this section if the person established and
used a firewall or similar procedure to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment, but
only if the firewall or similar procedures meet the
requirements of paragraph (2).
``(2) Requirements described.--The requirements described
in this paragraph with respect to a firewall or similar
procedure are as follows:
``(A) The firewall or procedure is designed and implemented
to prohibit the flow of information between employees and
consultants providing services for the person paying for the
communication and those employees or consultants providing,
or who previously provided, services to a candidate who is
clearly identified in the communication or an authorized
committee of the candidate, the candidate's opponent or an
authorized committee of the candidate's opponent, or a
committee of a political party.
``(B) The firewall or procedure must be described in a
written policy that is distributed, signed, and dated by all
relevant employees, consultants, and clients subject to the
policy.
``(C) The policy must be preserved and retained by the
person for at least 5 years following any termination or
cessation of representation by employees, consultants, and
clients who are subject to the policy.
``(D) The policy must prohibit any employees, consultants,
and clients who are subject to the policy from attending
meetings, trainings, or other discussions where nonpublic
plans, projects, activities, or needs of candidates for
election for Federal office or political committees are
discussed.
``(E) The policy must prohibit each owner of an
organization, and each executive, manager, and supervisor
within an organization, from simultaneously overseeing the
work of employees and consultants who are subject to the
firewall or procedure.
``(F) The policy must place restrictions on internal and
external communications, including by establishing separate
emailing lists, for employees, consultants, and clients who
are subject to the firewall or procedure and those who are
not subject to the firewall or procedure.
``(G) The policy must require the person to establish
separate files, including electronic file folders--
``(i) for employees, consultants, and clients who are
subject to the firewall or procedure and to prohibit access
to such files by employees, consultants, and clients who are
not subject to the firewall or procedure; and
``(ii) for employees, consultants, and clients who are not
subject to the firewall or procedure and to prohibit access
to such files by employees, consultants, and clients who are
subject to the firewall or procedure.
``(H) The person must conduct a training on the applicable
requirements and obligations of this Act and the policy for
all employees, consultants, and clients.
``(3) Exception if information is shared regardless of
firewall.--A person who established and used a firewall or
similar procedure which meets the requirements of paragraph
(2) shall be determined to have made a payment in
cooperation, consultation, or concert with, or at the request
or suggestion of, a candidate or committee in accordance with
this section if specific information indicates that,
notwithstanding the establishment and use of the firewall or
similar procedure, information about the candidate's or
committee's campaign plans, projects, activities, or needs
that is material to the creation, production, or distribution
of the covered communication was used or conveyed to the
person paying for the communication.
``(4) Use as defense to enforcement action.--If, in a
procedure or action brought by the Commission under section
309, a person who is alleged to have committed a violation of
this Act which involves the making of a contribution which
consists of a payment for a coordinated expenditure raises
the use of a firewall or similar procedure as a defense, the
person shall provide the Commission with--
``(A) a copy of the signed and dated firewall or procedure
policy which applied to the person's employees, consultants,
or clients whose conduct is at issue in the procedure or
action; and
``(B) a sworn, written affidavit of the employees,
consultants, or clients who were subject to the policy that
the terms, conditions, and requirements of the policy were
met.
``(e) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public
communication (as defined in section 301(22)) which--
``(A) expressly advocates the election of the candidate or
the defeat of an opponent of the candidate (or contains the
functional equivalent of express advocacy);
``(B) promotes or supports the election of the candidate,
or attacks or opposes the election of an opponent of the
candidate (regardless of whether the communication expressly
advocates the election or defeat of a candidate or contains
the functional equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers to a
candidate in a general, special, or runoff election, the 120-
day period which ends on the date of the election; or
``(B) in the case of a communication which refers to a
candidate in a primary or preference election, or convention
or caucus of a political party that has authority to nominate
a candidate, the 60-day period which ends on the date of the
election or convention or caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(f) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act which involves
the making of a contribution which consists of a payment for
a coordinated expenditure shall be fined an amount equal to
the greater of--
``(A) in the case of a person who makes a contribution
which consists of a payment for a coordinated expenditure in
an amount exceeding the applicable contribution limit under
this Act, 300 percent of the amount by which the amount of
the payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited under this
Act from making a contribution in any amount, 300 percent of
the amount of the payment made by the person for the
coordinated expenditure.
``(2) Joint and several liability.--Any director, manager,
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior
to the expiration of the 1-year period which begins on the
date the Commission imposes the penalty or the 1-year period
which begins on the date of the final judgment following any
judicial review of the Commission's action, whichever is
later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which
begins on the date of the enactment of this Act--
(A) the regulations on coordinated communications adopted
by the Federal Election Commission which are in effect on the
date of the enactment of this Act (as set forth under the
heading ``Coordination'' in subpart C of part 109 of title
11, Code of Federal Regulations) are repealed; and
(B) the Federal Election Commission shall promulgate new
regulations on coordinated communications which reflect the
amendments made by this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not
the Federal Election Commission has promulgated regulations
in accordance with paragraph (1)(B) as of the expiration of
such period.

Subtitle B--Restoring Integrity to America's Elections

SEC. 7101. SHORT TITLE.

This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.

SEC. 7102. REVISION TO ENFORCEMENT PROCESS.

(a) Standard for Initiating Investigations and Determining
Whether Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2)(A) The general counsel, upon receiving a complaint
filed with the Commission under paragraph (1) or upon the
basis of information ascertained by the Commission in the
normal course of carrying out its supervisory
responsibilities, shall make a determination as to whether or
not there is reason to believe that a person has committed,
or is about to commit, a violation of this Act or chapter 95
or chapter 96 of the Internal Revenue Code of 1986, and as to
whether or not the Commission should either initiate an
investigation of the matter or that the complaint should be
dismissed. The general counsel shall promptly provide
notification to the Commission of such determination and the
reasons therefore, together with any written response
submitted under paragraph (1) by the person alleged to have
committed the violation. Upon the expiration of the 30-day
period which begins on the date the general counsel provides
such notification, the general counsel's determination shall
take effect, unless during such 30-day period the Commission,
by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel
that the Commission should investigate the matter takes
effect, or if the determination by the general counsel that
the complaint should be dismissed is overruled as provided
under the previous sentence, the general counsel shall
initiate an investigation of the matter on behalf of the
Commission.
``(B) If the Commission initiates an investigation pursuant
to subparagraph (A), the Commission, through the Chair, shall
notify the subject of the investigation of the alleged
violation. Such notification shall set forth the factual
basis for such alleged violation. The Commission shall make
an investigation of such alleged violation, which may include
a field investigation or audit, in accordance with the
provisions of this section. The general counsel shall provide
notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to
the investigation. Upon the expiration of the 15-day period
which begins on the date the general counsel provides such
notification, the general counsel may issue the subpoena or
conduct the discovery, unless during such 15-day period the
Commission, by vote

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of a majority of the members of the Commission who are
serving at the time, prohibits the general counsel from
issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under
paragraph (2), the general counsel shall make a determination
as to whether or not there is probable cause to believe that
a person has committed, or is about to commit, a violation of
this Act or chapter 95 or chapter 96 of the Internal Revenue
Code of 1986, and shall promptly submit such determination to
the Commission, and shall include with the determination a
brief stating the position of the general counsel on the
legal and factual issues of the case.
``(B) At the time the general counsel submits to the
Commission the determination under subparagraph (A), the
general counsel shall simultaneously notify the respondent of
such determination and the reasons therefore, shall provide
the respondent with an opportunity to submit a brief within
30 days stating the position of the respondent on the legal
and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly
submit such brief to the Commission upon receipt.
``(C) Upon the expiration of the 30-day period which begins
on the date the general counsel submits the determination to
the Commission under subparagraph (A) (or, if the respondent
submits a brief under subparagraph (B), upon the expiration
of the 30-day period which begins on the date the general
counsel submits the respondent's brief to the Commission
under such subparagraph), the general counsel's determination
shall take effect, unless during such 30-day period the
Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general
counsel's determination. If the determination by the general
counsel that there is probable cause to believe that a person
has committed, or is about to commit, a violation of this Act
or chapter 95 or chapter 96 of the Internal Revenue Code of
1986, or if the determination by the general counsel that
there is not probable cause that a person has committed or is
about to commit such a violation is overruled as provided
under the previous sentence, for purposes of this subsection,
the Commission shall be deemed to have determined that there
is probable cause that the person has committed or is about
to commit such a violation.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52
U.S.C. 30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the Commission''
and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as follows:
``Not later than 15 days after receiving notice from the
general counsel under the previous sentence, the person may
provide the general counsel with a written response that no
action should be taken against such person on the basis of
the complaint.''.
(b) Revision of Standard for Review of Dismissal of
Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the
Commission dismissing a complaint filed by such party may
file a petition with the United States District Court for the
District of Columbia. Any petition under this subparagraph
shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
dismissal of the complaint is contrary to law. In any matter
in which the penalty for the alleged violation is greater
than $50,000, the court should disregard any claim or defense
by the Commission of prosecutorial discretion as a basis for
dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the
Commission and who is aggrieved by a failure of the
Commission, within one year after the filing of the
complaint, to act on such complaint, may file a petition with
the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court
shall determine by de novo review whether the agency's
failure to act on the complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may
declare that the dismissal of the complaint or the failure to
act is contrary to law, and may direct the Commission to
conform with such declaration within 30 days, failing which
the complainant may bring, in the name of such complainant, a
civil action to remedy the violation involved in the original
complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed by the
Federal Election Commission, with respect to complaints which
are dismissed on or after the date of the enactment of this
Act; and
(B) in the case of complaints upon which the Federal
Election Commission failed to act, with respect to complaints
which were filed on or after the date of the enactment of
this Act.
(c) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate new regulations on the enforcement process
under section 309 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109) to take into account the amendments
made by this section.

SEC. 7103. OFFICIAL EXERCISING THE RESPONSIBILITIES OF THE
GENERAL COUNSEL.

Section 306(f)(1) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end
the following new sentence: ``In the event of a vacancy in
the position of the General Counsel, the most senior attorney
employed within the Office of the General Counsel at the time
the vacancy arises shall exercise all the responsibilities of
the General Counsel until the vacancy is filled.''.

SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR
ADVISORY OPINIONS BY PERSONS OPPOSING THE
REQUESTS.

(a) In General.--Section 308 of such Act (52 U.S.C. 30108)
is amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an
opportunity for a person requesting an advisory opinion under
this section (or counsel for such person) to appear before
the Commission to present testimony in support of the
request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable
opportunity for an interested party who submitted written
comments under subsection (d) in response to the request (or
counsel for such interested party) to appear before the
Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to requests for advisory opinions
under section 308 of the Federal Election Campaign Act of
1971 which are made on or after the date of the enactment of
this Act.

SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY
AUTHORITY.

Section 309(a)(4)(C)(v) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by
striking ``, and that end on or before December 31, 2023''.

SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

Section 306(e) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be
subject to limitations on ex parte communications, as
provided in the regulations promulgated by the Commission
regarding such communications which are in effect on the date
of the enactment of this paragraph.''.

SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT
FEC IN SUPREME COURT.

(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is
amended by striking ``any action instituted under this Act,
either (A) by attorneys'' and inserting ``any action
instituted under this Act, including an action before the
Supreme Court of the United States, either (A) by the General
Counsel of the Commission and other attorneys''.
(b) Effective Date.--The amendment made by paragraph (1)
shall apply with respect to actions instituted before, on, or
after the date of the enactment of this Act.

SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by
striking the semicolon at the end and inserting the
following: ``, and shall ensure that all such forms
(including forms in an electronic format) permit the person
using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the expiration of the 90-day period
which begins on the date of the enactment of this Act.

SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR
OFFENSES UNDER THE FEDERAL ELECTION CAMPAIGN
ACT OF 1971.

(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by
inserting after paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under
this subsection with respect to a violation of this Act
unless a complaint is filed with the Commission with respect
to the violation under paragraph (1), or the Commission
responds to information with respect to the violation which
is ascertained in the normal course of carrying out its
supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation
occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52
U.S.C. 30145(a)) is amended by striking ``5 years'' and
inserting ``10 years''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
the date of enactment of this Act.

SEC. 7110. EFFECTIVE DATE; TRANSITION.

(a) In General.--Except as otherwise provided, this
subtitle and the amendments made by this subtitle shall take
effect and apply on the date of the enactment of this Act,
without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out this
subtitle and the amendments made by this subtitle.
(b) Transition.--
(1) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to the date of the enactment of this Act,
including any investigation initiated by the Commission prior
to such date or any proceeding (including any enforcement
action) pending as of such date.
(2) Treatment of certain complaints.--If, as of the date of
the enactment of this Act, the

[[Page H135]]

General Counsel of the Federal Election Commission has not
made any recommendation to the Commission under section
309(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30109) with respect to a complaint filed prior to the
date of the enactment of this Act, this subtitle and the
amendments made by this subtitle shall apply with respect to
the complaint in the same manner as this subtitle and the
amendments made by this subtitle apply with respect to a
complaint filed on or after the date of the enactment of this
Act.

Subtitle C--Imposition of Fee for Reports Filed by Paper

SEC. 7201. IMPOSITION OF FEE FOR REPORTS FILED BY PAPER.

Section 304(a)(11)(A) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(a)(11)(A)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) shall be assessed a $20.00 filing fee for any
designation, statement, or report under this Act filed by
paper, with the fees received by the Commission under this
clause deposited into the general fund of the Treasury for
the purposes of deficit reduction.''.

TITLE VIII--CITIZEN EMPOWERMENT

Subtitle A--Funding to Promote Democracy

PART 1--PAYMENTS AND ALLOCATIONS TO STATES

SEC. 8001. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.

(a) Establishment.--There is established a program to be
known as the ``Democracy Advancement and Innovation Program''
under which the Director of the Office of Democracy
Advancement and Innovation shall make allocations to each
State for each fiscal year to carry out democracy promotion
activities described in subsection (b).
(b) Democracy Promotion Activities Described.--The
democracy promotion activities described in this subsection
are as follows:
(1) Activities to promote innovation to improve efficiency
and smooth functioning in the administration of elections for
Federal office and to secure the infrastructure used in the
administration of such elections, including making upgrades
to voting equipment and voter registration systems, securing
voting locations, expanding polling places and the
availability of early and mail voting, recruiting and
training nonpartisan election officials, and promoting
cybersecurity.
(2) Activities to ensure equitable access to democracy,
including the following:
(A) Enabling candidates who seek office in the State to
receive payments as participating candidates under title V of
the Federal Election Campaign Act of 1971 (as added by
subtitle B), but only if the State will enable candidates to
receive such payments during an entire election cycle.
(B) Operating a Democracy Credit Program under part 1 of
subtitle B, but only if the State will operate the program
during an entire election cycle.
(C) Other activities to ensure equitable access to
democracy, including administering a ranked-choice voting
system and carrying out Congressional redistricting through
independent commissions.
(3) Activities to increase access to voting in elections
for Federal office by underserved communities, individuals
with disabilities, racial and language minority groups,
individuals entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act, and
voters residing in Indian lands.
(c) Permitting States to Retain and Reserve Allocations for
Future Use.--A State may retain and reserve an allocation
received for a fiscal year to carry out democracy promotion
activities in any subsequent fiscal year.
(d) Requiring Submission and Approval of State Plan.--
(1) In general.--A State shall receive an allocation under
the Program for a fiscal year if--
(A) not later than 90 days before the first day of the
fiscal year, the chief State election official of the State
submits to the Director the State plan described in section
8002; and
(B) not later than 45 days before the first day of the
fiscal year, the Director, in consultation with the Election
Assistance Commission and the Federal Election Commission as
described in paragraph (3), determines that the State plan
will enable the State to carry out democracy promotion
activities and approves the plan.
(2) Submission and approval of revised plan.--If the
Director does not approve the State plan as submitted by the
State under paragraph (1) with respect to a fiscal year, the
State shall receive a payment under the Program for the
fiscal year if, at any time prior to the end of the fiscal
year--
(A) the chief State election official of the State submits
a revised version of the State plan; and
(B) the Director, in consultation with the Election
Assistance Commission and the Federal Election Commission as
described in paragraph (3), determines that the revised
version of the State plan will enable the State to carry out
democracy promotion activities and approves the plan.
(3) Election assistance commission and federal election
commission consultation.--With respect to a State plan
submitted under paragraph (1) or a revised plan submitted
under paragraph (2)--
(A) the Director shall, prior to making a determination on
approval of the plan, consult with the Election Assistance
Commission with respect to the proposed State activities
described in subsection (b)(1) and with the Federal Election
Commission with respect to the proposed State activities
described in subsection (b)(2)(A) and (b)(2)(B); and
(B) the Election Assistance Commission and the Federal
Election Commission shall submit to the Director a written
assessment with respect to whether the proposed activities of
the plan satisfy the requirements of this Act.
(4) Consultation with legislature.--The chief State
election official of the State shall develop the State plan
submitted under paragraph (1) and the revised plan submitted
under paragraph (2) in consultation with the majority party
and minority party leaders of each house of the State
legislature.
(e) State Report on Use of Allocations.--Not later than 90
days after the last day of a fiscal year for which an
allocation was made to the State under the Program, the chief
State election official of the State shall submit a report to
the Director describing how the State used the allocation,
including a description of the democracy promotion activities
the State carried out with the allocation.
(f) Public Availability of Information.--
(1) Publicly available website.--The Director shall make
available on a publicly accessible website the following:
(A) State plans submitted under paragraph (1) of subsection
(d) and revised plans submitted under paragraph (2) of
subsection (d).
(B) The Director's notifications of determinations with
respect to such plans under subsection (d).
(C) Reports submitted by States under subsection (e).
(2) Redaction.-- The Director may redact information
required to be made available under paragraph (1) if the
information would be properly withheld from disclosure under
section 552 of title 5, United States Code, or if the public
disclosure of the information is otherwise prohibited by law.
(g) Effective Date.--This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.

SEC. 8002. STATE PLAN.

(a) Contents.--A State plan under this section with respect
to a State is a plan containing each of the following:
(1) A description of the democracy promotion activities the
State will carry out with the payment made under the Program.
(2) A statement of whether or not the State intends to
retain and reserve the payment for future democracy promotion
activities.
(3) A description of how the State intends to allocate
funds to carry out the proposed activities, which shall
include the amount the State intends to allocate to each such
activity, including (if applicable) a specific allocation
for--
(A) activities described in subsection 8001(b)(1) (relating
to election administration);
(B) activities described in section 8001(b)(2)(A) (relating
to payments to participating candidates in the State under
title V of the Federal Election Campaign Act of 1971),
together with the information required under subsection (c);
(C) activities described in section 8001(b)(2)(B) (relating
to the operation of a Democracy Credit Program under part 1
of subtitle B);
(D) activities described in section 8001(b)(2)(C) (relating
to other activities to ensure equitable access to democracy;
and
(E) activities described in section 8001(b)(3) (relating to
activities to increase access to voting in elections for
Federal office by certain communities).
(4) A description of how the State will establish the fund
described in subsection (b) for purposes of administering the
democracy promotion activities which the State will carry out
with the payment, including information on fund management.
(5) A description of the State-based administrative
complaint procedures established for purposes of section
8003(b).
(6) A statement regarding whether the proposed activities
to be funded are permitted under State law, or whether the
official intends to seek legal authorization for such
activities.
(b) Requirements for Fund.--
(1) Fund described.--For purposes of subsection (a)(4), a
fund described in this subsection with respect to a State is
a fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2),
and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available by the
State for carrying out the democracy promotion activities for
which the payment is made to the State under the Program.
(B) The payment made to the State under the Program.
(C) Such other amounts as may be appropriated under law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out democracy promotion activities
for which the payment is made to the State under the Program.
(3) Treatment of states that require changes to state
law.--In the case of a State that requires State legislation
to establish the fund described in this subsection, the
Director shall defer disbursement of the payment to such
State under the Program until such time as legislation
establishing the fund is enacted.
(c) Specific Information on Use of Funds to Enable
Candidates to Participate in Matching Funds Program.--If the
State plan under this section includes an allocation for
activities described in section 8001(b)(2)(A) (relating to
payments to participating candidates in the State under title
V of the Federal Election Campaign Act of 1971), the State
shall include in the plan specific information on how the
amount of the allocation will enable the State to provide for
the viable participation of candidates in the State under
such title, including the assumptions made by the State in
determining the amount of the allocation.

[[Page H136]]

SEC. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION
IN ELECTIONS.

(a) Prohibiting Use of Payments.--A State may not use a
payment made under the Program to carry out any activity
which has the purpose or effect of diminishing the ability of
any citizen of the United States to participate in the
electoral process.
(b) State-based Administrative Complaint Procedures.--
(1) Establishment.--A State receiving a payment under the
Program shall establish uniform and nondiscriminatory State-
based administrative complaint procedures under which any
person who believes that a violation of subsection (a) has
occurred, is occurring, or is about to occur may file a
complaint.
(2) Notification to director.--The State shall transmit to
the Director a description of each complaint filed under the
procedures, together with--
(A) if the State provides a remedy with respect to the
complaint, a description of the remedy; or
(B) if the State dismisses the complaint, a statement of
the reasons for the dismissal.
(3) Review by director.--
(A) Request for review.--Any person who is dissatisfied
with the final decision under a State-based administrative
complaint procedure under this subsection may, not later than
60 days after the decision is made, file a request with the
Director to review the decision.
(B) Action by director.--Upon receiving a request under
subparagraph (A), the Director shall review the decision and,
in accordance with such procedures as the Director may
establish, including procedures to provide notice and an
opportunity for a hearing, may uphold the decision or reverse
the decision and provide an appropriate remedy.
(C) Public availability of material.--The Director shall
make available on a publicly accessible website all material
relating to a request for review and determination by the
Director under this paragraph, shall be made available on a
publicly accessible website, except that the Director may
redact material required to be made available under this
subparagraph if the material would be properly withheld from
disclosure under section 552 of title 5, United States Code,
or if the public disclosure of the material is otherwise
prohibited by law.
(4) Right to petition for review.--
(A) In general.--Any person aggrieved by an action of the
Director under subparagraph (B) of paragraph (3) may file a
petition with the United States District Court for the
District of Columbia.
(B) Deadline to file petition.--Any petition under this
subparagraph shall be filed not later than 60 days after the
date of the action taken by the Director under subparagraph
(B) of paragraph (3).
(C) Standard of review.--In any proceeding under this
paragraph, the court shall determine whether the action of
the Director was arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law under
section 706 of title 5, United States Code, and may direct
the Office to conform with any such determination within 30
days.
(c) Action by Attorney General for Declaratory and
Injunctive Relief.--The Attorney General may bring a civil
action against any State in an appropriate United States
District Court for such declaratory and injunctive relief
(including a temporary restraining order, a permanent or
temporary injunction, or other order) as may be necessary to
enforce subsection (a).

SEC. 8004. AMOUNT OF STATE ALLOCATION.

(a) State-specific Amount.--The amount of the allocation
made to a State under the Program for a fiscal year shall be
equal to the product of--
(1) the Congressional district allocation amount
(determined under subsection (b)); and
(2) the number of Congressional districts in the State for
the next regularly scheduled general election for Federal
office held in the State.
(b) Congressional District Allocation Amount.--For purposes
of subsection (a), the ``Congressional district allocation
amount'' with respect to a fiscal year is equal to the
quotient of--
(1) the aggregate amount available for allocations to
States under the Program for the fiscal year, as determined
by the Director under subsection (c); divided by
(2) the total number of Congressional districts in all
States.
(c) Determination of Aggregate Amount Available for
Allocations; Notification to States.--Not later than 120 days
before the first day of each fiscal year, the Director--
(1) shall, in accordance with section 8012, determine and
establish the aggregate amount available for allocations to
States under the Program for the fiscal year; and
(2) shall notify each State of the amount of the State's
allocation under the Program for the fiscal year.
(d) Source of Payments.--The amounts used to make
allocations and payments under the Program shall be derived
solely from the Trust Fund.

SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND
ALLOCATIONS.

(a) Direct Payments to States for Certain Activities Under
State Plan.--
(1) Direct payment.--If the approved State plan of a State
includes activities for which allocations are not made under
subsections (b), (c), or (d), upon approving the State plan
under section 8002, the Director shall direct the Secretary
of the Treasury to disburse amounts from the Trust Fund for
payment to the State in the aggregate amount provided under
the plan for such activities.
(2) Timing.--As soon as practicable after the Director
directs the Secretary of the Treasury to disburse amounts for
payment to a State under paragraph (1), the Secretary of the
Treasury shall make the payment to the State under such
paragraph.
(3) Continuing availability of funds after appropriation.--
A payment made to a State under this subsection shall be
available without fiscal year limitation.
(b) Allocation to Election Assistance Commission for
Payments to States for Certain Election Administration
Activities.--
(1) Allocation.--If the approved State plan of a State
includes activities described in section 8001(b)(1), upon
approving the State plan under section 8002, the Director
shall direct the Secretary of the Treasury to allocate to the
Election Assistance Commission the amount provided for such
activities under the plan.
(2) Payment to state.--As soon as practicable after
receiving an allocation under paragraph (1) with respect to a
State, the Election Assistance Commission shall make a
payment to the State in the amount of the State's allocation.
(3) Continuing availability of funds after appropriation.--
A payment made to a State by the Election Assistance
Commission under this subsection shall be available without
fiscal year limitation.
(c) Allocation to Federal Election Commission for Payments
to Participating Candidates From State.--If the approved
State plan of a State includes activities described in
section 8001(b)(2)(A), relating to payments to participating
candidates in the State under title V of the Federal Election
Campaign Act of 1971, upon approving the State plan under
section 8002, the Director shall direct the Secretary of the
Treasury to allocate to the Federal Election Commission the
amount provided for such activities under the plan.
(d) Allocation to Federal Election Commission for Payments
for Democracy Credit Program.--If the approved State plan of
a State includes activities described in section
8001(b)(2)(B), relating to payments to the State for the
operation of a Democracy Credit Program under part 1 of
subtitle B, upon approving the State plan under section 8002,
the Director shall direct the Secretary of the Treasury to
allocate to the Federal Election Commission the amount
provided for such activities under the plan.
(e) Certain Payments Made Directly to Local Election
Administrators.--Under rules established by the Director not
later than 270 days after the date of the enactment of this
Act, portions of amounts disbursed to States by the Secretary
of the Treasury under subsection (a) and payments made to
States by the Election Assistance Commission under subsection
(b) may be provided directly to local election administrators
carrying out activities in the State plan which may be
carried out with such amounts and payments.

SEC. 8006. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.

(a) Establishment.--There is established as an independent
establishment in the executive branch the Office of Democracy
Advancement and Innovation.
(b) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President with the advice and
consent of the Senate.
(2) Term of service.--The Director shall serve for a term
of 6 years and may be reappointed to an additional term, and
may continue serving as Director until a replacement is
appointed. A vacancy in the position of Director shall be
filled in the same manner as the original appointment.
(3) Compensation.--The Director shall be paid at an annual
rate of pay equal to the annual rate in effect for level II
of the Executive Schedule.
(4) Removal.--The Director may be removed from office by
the President. If the President removes the Director, the
President shall communicate in writing the reasons for the
removal to both Houses of Congress not later than 30 days
beforehand. Nothing in this paragraph shall be construed to
prohibit a personnel action otherwise authorized by law.
(c) General Counsel and Other Staff.--
(1) General counsel.--The Director shall appoint a general
counsel who shall be paid at an annual rate of pay equal to
the annual rate in effect for level III of the Executive
Schedule. In the event of a vacancy in the position of the
Director, the General Counsel shall exercise all the
responsibilities of the Director until such vacancy is
filled.
(2) Senior staff.--The Director may appoint and fix the pay
of staff designated as Senior staff, such as a Deputy
Director, who may be paid at an annual rate of pay equal to
the annual rate in effect for level IV of the Executive
Schedule.
(3) Other staff.--In addition to the General Counsel and
Senior staff, the Director may appoint and fix the pay of
such other staff as the Director considers necessary to carry
out the duties of the Office, except that no such staff may
be compensated at an annual rate exceeding the daily
equivalent of the annual rate of basic pay in effect for
grade GS-15 of the General Schedule.
(d) Duties.--The duties of the Office are as follows:
(1) Administration of program.--The Director shall
administer the Program, in consultation with the Election
Assistance Commission and the Federal Election Commission,
including by holding quarterly meetings of representatives
from such Commissions.
(2) Oversight of trust fund.--The Director shall oversee
the operation of the Trust Fund and monitor its balances, in
consultation with the Secretary of the Treasury. The Director
may hold funds in reserve to cover the expenses of

[[Page H137]]

the Office and to preserve the solvency of the Trust Fund.
(3) Reports.--Not later than 180 days after the date of the
regularly scheduled general election for Federal office held
in 2024 and each succeeding regularly scheduled general
election for Federal office thereafter, the Director shall
submit to the Committee on House Administration of the House
of Representatives and the Committee on Rules and
Administration of the Senate a report on the activities
carried out under the Program and the amounts deposited into
and paid from the Trust Fund during the two most recent
fiscal years.
(e) Coverage Under Inspector General Act of 1978 for
Conducting Audits and Investigations.--
(1) In general.--Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ``the
Office of Democracy Advancement and Innovation,'' after
``Election Assistance Commission,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 180 days after the appointment of the
Director.
(f) Coverage Under Hatch Act.--Clause (i) of section
7323(b)(2)(B) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XIII); and
(2) by adding at the end the following new subclause:
``(XV) the Office of Democracy Advancement and Innovation;
or''.
(g) Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director shall promulgate such rules and regulations as
the Director considers necessary and appropriate to carry out
the duties of the Office under this Act and the amendments
made by this Act.
(2) State plan submission and approval and distribution of
funds.--Not later than 90 days after the date of the
enactment of this Act, the Director shall promulgate such
rules and regulations as the Director considers necessary and
appropriate to carry out the requirements of this part and
the amendments made by this part.
(3) Comments by the election assistance commission and the
federal election commission.--The Election Assistance
Commission and the Federal Election Assistance shall timely
submit comments with respect to any proposed regulations
promulgated by the Director under this subsection.
(h) Interim Authority Pending Appointment and Confirmation
of Director.--
(1) Authority of director of office of management and
budget.--Notwithstanding subsection (b), during the
transition period, the Director of the Office of Management
and Budget is authorized to perform the functions of the
Office under this title, and shall act for all purposes as,
and with the full powers of, the Director.
(2) Interim administrative services.--
(A) Authority of office of management and budget.--During
the transition period, the Director of the Office of
Management and Budget may provide administrative services
necessary to support the Office.
(B) Termination of authority; permitting extension.--The
Director of the Office of Management and Budget shall cease
providing interim administrative services under this
paragraph upon the expiration of the transition period,
except that the Director of the Office of Management and
Budget may continue to provide such services after the
expiration of the transition period if the Director and the
Director of the Office of Management and Budget jointly
transmit to the Committee on House Administration of the
House of Representatives and the Committee on Rules and
Administration of the Senate--
(i) a written determination that an orderly implementation
of this title is not feasible by the expiration of the
transition period;
(ii) an explanation of why an extension is necessary for
the orderly implementation of this title;
(iii) a description of the period during which the Director
of the Office of Management and Budget shall continue
providing services under the authority of this subparagraph;
and
(iv) a description of the steps that will be taken to
ensure an orderly and timely implementation of this title
during the period described in clause (iii).
(3) Transition period defined.--In this subsection, the
``transition period'' is the period which begins on the
effective date of this Act and ends on the date on which the
Director is appointed and confirmed.
(4) Limit on length of period of interim authorities.--
Notwithstanding any other provision of this subsection, the
Director of the Office of Management and Budget may not
exercise any authority under this subsection after the
expiration of the 24-month period which begins on the
effective date of this Act.
(i) Authorization of Appropriations.--There are authorized
to be appropriated from the Trust Fund such sums as may be
necessary to carry out the activities of the Office for
fiscal year 2023 and each succeeding fiscal year.

PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

SEC. 8011. STATE ELECTION ASSISTANCE AND INNOVATION TRUST
FUND.

(a) Establishment.--There is established in the Treasury a
fund to be known as the ``State Election Assistance and
Innovation Trust Fund''.
(b) Contents.--The Trust Fund shall consist solely of--
(1) amounts transferred under section 3015 of title 18,
United States Code, section 9706 of title 31, United States
Code, and section 6761 of the Internal Revenue Code of 1986
(as added by section 8013); and
(2) gifts or bequests deposited pursuant to subsection (d).
(c) Use of Funds.--Amounts in the Trust Fund shall be used
to make payments and allocations under the Program (as
described in section 8012(a)) and to carry out the activities
of the Office.
(d) Acceptance of Gifts.--The Office may accept gifts or
bequests for deposit into the Trust Fund.
(e) No Taxpayer Funds Permitted.--No taxpayer funds may be
deposited into the Trust Fund. For purposes of this
subsection, the term ``taxpayer funds'' means revenues
received by the Internal Revenue Service from tax
liabilities.
(f) Effective Date.--This section shall take effect on the
date of the enactment of this subtitle.

SEC. 8012. USES OF FUND.

(a) Payments and Allocations Described.--For each fiscal
year, amounts in the Fund shall be used as follows:
(1) Payments to States under the Program, as described in
section 8005(a).
(2) Allocations to the Election Assistance Commission, to
be used for payments for certain election administration
activities, as described in section 8005(b).
(3) Allocations to the Federal Election Commission, to be
used for payments to participating candidates under title V
of the Federal Election Campaign Act of 1971, as described in
section 8005(c).
(4) Allocations to the Federal Election Commission, to be
used for payments to States operating a Democracy Credit
Program under part 1 of subtitle B, as described in section
8005(d).
(b) Determination of Aggregate Amount of State
Allocations.--The Director shall determine and establish the
aggregate amount of State allocations for each fiscal year,
taking into account the anticipated balances of the Trust
Fund. In carrying out this subsection, the Director shall
consult with the Federal Election Commission and the Election
Assistance Commission, but shall be solely responsible for
making the final determinations under this subsection.

SEC. 8013. ASSESSMENTS AGAINST FINES AND PENALTIES.

(a) Assessments Relating to Criminal Offenses.--
(1) In general.--Chapter 201 of title 18, United States
Code, is amended by adding at the end the following new
section:

``Sec. 3015. Special assessments for State Election
Assistance and Innovation Trust Fund

``(a) Assessments.--
``(1) Convictions of crimes.--In addition to any assessment
imposed under this chapter, the court shall assess on any
organizational defendant or any defendant who is a corporate
officer or person with equivalent authority in any other
organization who is convicted of a criminal offense under
Federal law an amount equal to 4.75 percent of any fine
imposed on that defendant in the sentence imposed for that
conviction.
``(2) Settlements.--The court shall assess on any
organizational defendant or defendant who is a corporate
officer or person with equivalent authority in any other
organization who has entered into a settlement agreement or
consent decree with the United States in satisfaction of any
allegation that the defendant committed a criminal offense
under Federal law an amount equal to 4.75 percent of the
amount of the settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected in the manner in which
fines are collected in criminal cases.
``(c) Transfers.--In a manner consistent with section
3302(b) of title 31, there shall be transferred from the
General Fund of the Treasury to the State Election Assistance
and Innovation Trust Fund under section 8011 of the Freedom
to Vote: John R. Lewis Act an amount equal to the amount of
the assessments collected under this section.''.
(2) Clerical amendment.--The table of sections of chapter
201 of title 18, United States Code, is amended by adding at
the end the following:

``3015. Special assessments for State Election Assistance
and Innovation Trust Fund.''.
(b) Assessments Relating to Civil Penalties.--
(1) In general.--Chapter 97 of title 31, United States
Code, is amended by adding at the end the following new
section:

``Sec. 9706. Special assessments for State Election
Assistance and Innovation Trust Fund

``(a) Assessments.--
``(1) Civil penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose a civil penalty shall assess on each
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, on whom such a penalty is imposed an amount
equal to 4.75 percent of the amount of the penalty.
``(2) Administrative penalties.--Any entity of the Federal
Government which is authorized under any law, rule, or
regulation to impose an administrative penalty shall assess
on each person, other than a natural person who is not a
corporate officer or person with equivalent authority in any
other organization, on whom such a penalty is imposed an
amount equal to 4.75 percent of the amount of the penalty.
``(3) Settlements.--Any entity of the Federal Government
which is authorized under any law, rule, or regulation to
enter into a settlement agreement or consent decree with any
person, other than a natural person who is not a corporate
officer or person with equivalent authority in any other
organization, in satisfaction of any allegation of an action
or omission by the

[[Page H138]]

person which would be subject to a civil penalty or
administrative penalty shall assess on such person an amount
equal to 4.75 percent of the amount of the settlement.
``(b) Manner of Collection.--An amount assessed under
subsection (a) shall be collected--
``(1) in the case of an amount assessed under paragraph (1)
of such subsection, in the manner in which civil penalties
are collected by the entity of the Federal Government
involved;
``(2) in the case of an amount assessed under paragraph (2)
of such subsection, in the manner in which administrative
penalties are collected by the entity of the Federal
Government involved; and
``(3) in the case of an amount assessed under paragraph (3)
of such subsection, in the manner in which amounts are
collected pursuant to settlement agreements or consent
decrees entered into by the entity of the Federal Government
involved.
``(c) Transfers.--In a manner consistent with section
3302(b) of this title, there shall be transferred from the
General Fund of the Treasury to the State Election Assistance
and Innovation Trust Fund under section 8011 of the Freedom
to Vote: John R. Lewis Act an amount equal to the amount of
the assessments collected under this section.
``(d) Exception for Penalties and Settlements Under
Authority of the Internal Revenue Code of 1986.--
``(1) In general.--No assessment shall be made under
subsection (a) with respect to any civil or administrative
penalty imposed, or any settlement agreement or consent
decree entered into, under the authority of the Internal
Revenue Code of 1986.
``(2) Cross reference.--For application of special
assessments for the State Election Assistance and Innovation
Trust Fund with respect to certain penalties under the
Internal Revenue Code of 1986, see section 6761 of the
Internal Revenue Code of 1986.''.
(2) Clerical amendment.--The table of sections of chapter
97 of title 31, United States Code, is amended by adding at
the end the following:

``9706. Special assessments for State Election Assistance
and Innovation Trust Fund.''.
(c) Assessments Relating to Certain Penalties Under the
Internal Revenue Code of 1986.--
(1) In general.--Chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subchapter:

``Subchapter D--Special Assessments for State Election Assistance and
Innovation Trust Fund

``SEC. 6761. SPECIAL ASSESSMENTS FOR STATE ELECTION
ASSISTANCE AND INNOVATION TRUST FUND.

``(a) In General.--Each person required to pay a covered
penalty shall pay an additional amount equal to 4.75 percent
of the amount of such penalty.
``(b) Covered Penalty.--For purposes of this section, the
term `covered penalty' means any addition to tax, additional
amount, penalty, or other liability provided under subchapter
A or B.
``(c) Exception for Certain Individuals.--
``(1) In general.--In the case of a taxpayer who is an
individual, subsection (a) shall not apply to any covered
penalty if such taxpayer is an exempt taxpayer for the
taxable year for which such covered penalty is assessed.
``(2) Exempt taxpayer.--For purposes of this subsection, a
taxpayer is an exempt taxpayer for any taxable year if the
taxable income of such taxpayer for such taxable year does
not exceed the dollar amount at which begins the highest rate
bracket in effect under section 1 with respect to such
taxpayer for such taxable year.
``(d) Application of Certain Rules.--Except as provided in
subsection (e), the additional amount determined under
subsection (a) shall be treated for purposes of this title in
the same manner as the covered penalty to which such
additional amount relates.
``(e) Transfer to State Election Administration and
Innovation Trust Fund.--The Secretary shall deposit any
additional amount under subsection (a) in the General Fund of
the Treasury and shall transfer from such General Fund to the
State Election Assistance and Innovation Trust Fund under
section 8011 of the Freedom to Vote: John R. Lewis Act an
amount equal to the amounts so deposited (and,
notwithstanding subsection (d), such additional amount shall
not be the basis for any deposit, transfer, credit,
appropriation, or any other payment, to any other trust fund
or account). Rules similar to the rules of section 9601 shall
apply for purposes of this subsection.''.
(2) Clerical amendment.--The table of subchapters for
chapter 68 of such Code is amended by adding at the end the
following new item:

``subchapter d--special assessments for state election assistance and
innovation trust fund''.

(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
convictions, agreements, and penalties which occur on or
after the date of the enactment of this Act.
(2) Assessments relating to certain penalties under the
internal revenue code of 1986.--The amendments made by
subsection (c) shall apply to covered penalties assessed
after the date of the enactment of this Act.

PART 3--GENERAL PROVISIONS

SEC. 8021. DEFINITIONS.

In this subtitle, the following definitions apply:
(1) The term ``chief State election official'' has the
meaning given such term in section 253(e) of the Help America
Vote Act of 2002 (52 U.S.C. 21003(e)).
(2) The term ``Director'' means the Director of the Office.
(3) The term ``election cycle'' means the period beginning
on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on
the date of the next regularly scheduled general election for
Federal office.
(4) The term ``Indian lands'' includes--
(A) Indian country, as defined under section 1151 of title
18, United States Code;
(B) any land in Alaska owned, pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian
Tribe that is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village Corporation that
is associated with an Indian Tribe (as defined in section 3
of that Act (43 U.S.C. 1602));
(C) any land on which the seat of the Tribal government is
located; and
(D) any land that is part or all of a Tribal designated
statistical area associated with an Indian Tribe, or is part
or all of an Alaska Native village statistical area
associated with an Indian Tribe, as defined by the Census
Bureau for the purposes of the most recent decennial census.
(5) The term ``Office'' means the Office of Democracy
Advancement and Innovation established under section 8005.
(6) The term ``Program'' means the Democracy Advancement
and Innovation Program established under section 8001.
(7) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
(8) The term ``Trust Fund'' means the State Election
Assistance and Innovation Trust Fund established under
section 8011.

SEC. 8022. RULE OF CONSTRUCTION REGARDING CALCULATION OF
DEADLINES.

(a) In General.--With respect to the calculation of any
period of time for the purposes of a deadline in this
subtitle, the last day of the period shall be included in
such calculation, unless such day is a Saturday, a Sunday, or
a legal public holiday, in which case the period of such
deadline shall be extended until the end of the next day
which is not a Saturday, a Sunday, a legal public holiday.
(b) Legal Public Holiday Defined.--For the purposes of this
section, the term ``legal public holiday'' means a day
described in section 6103(a) of title 5, United States Code.

Subtitle B--Elections for House of Representatives

SEC. 8101. SHORT TITLE.

This subtitle may be cited as the ``Government By the
People Act of 2021''.

PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM

SEC. 8102. ESTABLISHMENT OF PROGRAM.

(a) Establishment.--The Federal Election Commission
(hereafter in this part referred to as the ``Commission'')
shall establish a program under which the Commission shall
make payments to States to operate a credit program which is
described in section 8103 during an election cycle.
(b) Requirements for Program.--A State is eligible to
operate a credit program under this part with respect to an
election cycle if, not later than 120 days before the cycle
begins, the State submits to the Commission a statement
containing--
(1) information and assurances that the State will operate
a credit program which contains the elements described in
section 8103(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
8103(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program
as described in section 8103(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
8103(d);
(5) information and assurances that the State will submit
reports as required under section 8104;
(6) information and assurances that, not later than 60 days
before the beginning of the cycle, the State will complete
any actions necessary to operate the program during the
cycle; and
(7) such other information and assurances as the Commission
may require.
(c) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 8104(a) with respect to an election
cycle, the Commission shall transmit a payment to the State
in an amount equal to the reasonable costs incurred by the
State in operating the credit program under this part during
the cycle.
(2) Source of funds.--Payments to a State under the program
shall be made using amounts allocated to the Commission for
purposes of making payments under this part with respect to
the State from the State Election Assistance and Innovation
Trust Fund (hereafter referred to as the ``Fund'') under
section 8012, in the amount allocated with respect to the
State under section 8005(d).
(3) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to two consecutive
election cycles period may not exceed $10,000,000. If the
State determines that the maximum payment amount under this
paragraph with respect to such cycles is not, or may not be,
sufficient to cover the reasonable costs incurred by the
State in operating the program under this part for such
cycles, the State shall reduce the amount of the credit
provided to each qualified individual by such pro rata amount
as may be necessary to ensure that the reasonable costs
incurred by the State in operating the program will not
exceed the amount paid to the State with respect to such
cycles.

[[Page H139]]

(d) Continuing Availability of Funds After Appropriation.--
A payment made to a State under this part shall be available
without fiscal year limitation.

SEC. 8103. CREDIT PROGRAM DESCRIBED.

(a) General Elements of Program.--
(1) Elements described.--The elements of a credit program
operated by a State under this part are as follows:
(A) The State shall provide each qualified individual upon
the individual's request with a credit worth $25 to be known
as a ``Democracy Credit'' during the election cycle which
will be assigned a routing number and which at the option of
the individual will be provided in either paper or electronic
form.
(B) Using the routing number assigned to the Democracy
Credit, the individual may submit the Democracy Credit in
either electronic or paper form to qualified candidates for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress and allocate such
portion of the value of the Democracy Credit in increments of
$5 as the individual may select to any such candidate.
(C) If the candidate transmits the Democracy Credit to the
Commission, the Commission shall pay the candidate the
portion of the value of the Democracy Credit that the
individual allocated to the candidate, which shall be
considered a contribution by the individual to the candidate
for purposes of the Federal Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to
a State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual submits a
Democracy Credit; and
(C) who is not prohibited under Federal law from making
contributions to candidates for election for Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission
of a Democracy Credit to a candidate by an individual shall
be treated as a contribution to the candidate by the
individual in the amount of the portion of the value of the
Credit that the individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the
elements described in subsection (a), a State operating a
credit program under this part shall permit an individual to
revoke a Democracy Credit not later than 2 days after
submitting the Democracy Credit to a candidate.
(c) Oversight Commission.--In addition to the elements
described in subsection (a), a State operating a credit
program under this part shall establish a commission or
designate an existing entity to oversee and implement the
program in the State, except that no such commission or
entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the
elements described in subsection (a), a State operating a
credit program under this part shall carry out a public
information campaign to disseminate awareness of the program
among qualified individuals.
(e) No Taxpayer Funds Permitted to Carry Out Program.--No
taxpayer funds shall be used to carry out the credit program
under this part. For purposes of this subsection, the term
``taxpayer funds'' means revenues received by the Internal
Revenue Service from tax liabilities.

SEC. 8104. REPORTS.

(a) State Reports.--Not later than 6 months after each
first election cycle during which the State operates a
program under this part, the State shall submit a report to
the Commission and the Office of Democracy Advancement and
Innovation analyzing the operation and effectiveness of the
program during the cycle and including such other information
as the Commission may require.
(b) Study and Report on Impact and Effectiveness of Credit
Programs.--
(1) Study.--The Commission shall conduct a study on the
efficacy of political credit programs, including the program
under this part and other similar programs, in expanding and
diversifying the pool of individuals who participate in the
electoral process, including those who participate as donors
and those who participate as candidates.
(2) Report.--Not later than 1 year after the first election
cycle for which States operate the program under this part,
the Commission shall publish and submit to Congress a report
on the study conducted under paragraph (1).

SEC. 8105. ELECTION CYCLE DEFINED.

In this part, the term ``election cycle'' means the period
beginning on the day after the date of the most recent
regularly scheduled general election for Federal office and
ending on the date of the next regularly scheduled general
election for Federal office.

PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES

SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR
CANDIDATES.

The Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.) is amended by adding at the end the following:

``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF
REPRESENTATIVES

``Subtitle A--Benefits

``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.

``(a) In General.--If a candidate for election to the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress is certified as a participating
candidate under this title with respect to an election for
such office, the candidate shall be entitled to payments as
provided under this title.
``(b) Amount of Payment.--The amount of a payment made
under this title shall be equal to 600 percent of the amount
of qualified small dollar contributions received by the
candidate since the most recent payment made to the candidate
under this title during the election cycle, without regard to
whether or not the candidate received any of the
contributions before, during, or after the Small Dollar
Democracy qualifying period applicable to the candidate under
section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate
amount of payments made to a participating candidate with
respect to an election cycle under this title may not exceed
50 percent of the average of the 20 greatest amounts of
disbursements made by the authorized committees of any
winning candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress during the
most recent election cycle, rounded to the nearest $100,000.
``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall
be used to make payments under this title. For purposes of
this subsection, the term `taxpayer funds' means revenues
received by the Internal Revenue Service from tax
liabilities.

``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.

``(a) In General.--The Division Director shall make a
payment under section 501 to a candidate who is certified as
a participating candidate upon receipt from the candidate of
a request for a payment which includes--
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since
the most recent payment made to the candidate under this
title during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the Division
Director may require.
``(b) Restrictions on Submission of Requests.--A candidate
may not submit a request under subsection (a) unless each of
the following applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection
(a)(1) is equal to or greater than $5,000, unless the request
is submitted during the 30-day period which ends on the date
of a general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Division Director shall, in
coordination with the Secretary of the Treasury, take such
steps as may be necessary to ensure that the Secretary is
able to make payments under this section from the Treasury
not later than 2 business days after the receipt of a request
submitted under subsection (a).

``SEC. 503. USE OF FUNDS.

``(a) Use of Funds for Authorized Campaign Expenditures.--A
candidate shall use payments made under this title, including
payments provided with respect to a previous election cycle
which are withheld from remittance to the Commission in
accordance with section 524(a)(2), only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures (as determined in
accordance with title III) in connection with the election
cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines,
or Penalties.--Notwithstanding title III, a candidate may not
use payments made under this title for the payment of
expenses incurred in connection with any action, claim, or
other matter before the Commission or before any court,
hearing officer, arbitrator, or other dispute resolution
entity, or for the payment of any fine or civil monetary
penalty.

``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.

``(a) In General.--In this title, the term `qualified small
dollar contribution' means, with respect to a candidate and
the authorized committees of a candidate, a contribution that
meets the following requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the contribution
to the candidate or committee by another person; or
``(ii) received by the candidate or committee with the
knowledge that the contribution was made at the request,
suggestion, or recommendation of another person.
``(B) In this paragraph--
``(i) the term `person' does not include an individual
(other than an individual described in section 304(i)(7) of
the Federal Election Campaign Act of 1971), a political
committee of a political party, or any political committee
which is not a separate segregated fund described in section
316(b) of the Federal Election Campaign Act of 1971 and which
does not make contributions or independent expenditures, does
not engage in lobbying activity under the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.), and is not established
by, controlled by, or affiliated with a registered lobbyist
under such Act, an agent of a registered lobbyist under such
Act, or an organization which retains or employs a registered
lobbyist under such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely on
the grounds that the contribution is made in response to
information provided

[[Page H140]]

to the individual making the contribution by any person, so
long as the candidate or authorized committee does not know
the identity of the person who provided the information to
such individual.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of Democracy Credits.--Any payment received
by a candidate and the authorized committees of a candidate
which consists of a Democracy Credit under the Freedom to
Vote: John R. Lewis Act shall be considered a qualified small
dollar contribution for purposes of this title, so long as
the individual making the payment meets the requirements of
paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a qualified
small dollar contribution to a candidate or the authorized
committees of a candidate with respect to an election may not
make any subsequent contribution to such candidate or the
authorized committees of such candidate with respect to the
election cycle which is not a qualified small dollar
contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during qualifying
period.--Subparagraph (A) does not apply with respect to a
contribution made to a candidate who, during the Small Dollar
Democracy qualifying period described in section 511(c),
submits a statement to the Commission under section 513(c) to
voluntarily withdraw from participating in the program under
this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph
(1), an individual who makes a qualified small dollar
contribution to a candidate or the authorized committees of a
candidate with respect to an election makes a subsequent
contribution to such candidate or the authorized committees
of such candidate with respect to the election which is
prohibited under paragraph (1) because it is not a qualified
small dollar contribution, the candidate may take one of the
following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a subsequent
contribution which is not a qualified small dollar
contribution because the contribution fails to meet the
requirements of paragraph (3) of subsection (a) (relating to
the aggregate amount of contributions made to the candidate
or the authorized committees of the candidate by the
individual making the contribution), the candidate may return
an amount equal to the difference between the amount of the
subsequent contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent contribution,
so long as not later than 2 weeks after receiving the
subsequent contribution, the candidate remits to the
Commission an amount equal to any payments received by the
candidate under this title which are attributable to the
qualified small dollar contribution made by the individual
involved. Such amount shall be used to supplement the
allocation made to the Commission with respect to candidates
from the State in which the candidate seeks office, as
described in section 541(a).
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection
(a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under
this title shall provide the following information in any
materials for the solicitation of contributions, including
any internet site through which individuals may make
contributions to the committee:
``(A) A statement that if the candidate is certified as a
participating candidate under this title, the candidate will
receive matching payments in an amount which is based on the
total amount of qualified small dollar contributions
received.
``(B) A statement that a contribution which meets the
requirements set forth in subsection (a) shall be treated as
a qualified small dollar contribution under this title.
``(C) A statement that if a contribution is treated as
qualified small dollar contribution under this title, the
individual who makes the contribution may not make any
contribution to the candidate or the authorized committees of
the candidate during the election cycle which is not a
qualified small dollar contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in paragraph
(1) in the receipt provided under section 512(b)(3) to a
person making a qualified small dollar contribution; or
``(B) by modifying the information it provides to persons
making contributions which is otherwise required under title
III (including information it provides through the internet).

``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

``(a) In General.--A candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress is eligible to be certified as a participating
candidate under this title with respect to an election if the
candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate
meet the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply with the
contribution and expenditure requirements of section 521;
``(B) if certified, will run only as a participating
candidate for all elections for the office that such
candidate is seeking during that election cycle; and
``(C) has either qualified or will take steps to qualify
under State law to be on the ballot.
``(5) The candidate files with the Commission a
certification that the candidate will not use any allocation
from the Fund to directly or indirectly pay salaries, fees,
consulting expenses, or any other compensation for services
rendered to themselves, family members (including spouses as
well as children, parents, siblings, or any of their
spouses), or any entity or organization in which they have an
ownership interest.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a
participating candidate under this title for a general
election or a general runoff election unless the candidate's
party nominated the candidate to be placed on the ballot for
the general election or the candidate is otherwise qualified
to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--
The term `Small Dollar Democracy qualifying period' means,
with respect to any candidate for an office, the 180-day
period (during the election cycle for such office) which
begins on the date on which the candidate files a statement
of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the
date of the general election for the office.

``SEC. 512. QUALIFYING REQUIREMENTS.

``(a) Receipt of Qualified Small Dollar Contributions.--A
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress meets the requirement
of this section if, during the Small Dollar Democracy
qualifying period described in section 511(c), each of the
following occurs:
``(1) Not fewer than 1,000 individuals make a qualified
small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small
Dollar Contribution.--Each qualified small dollar
contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account,
or any other method deemed appropriate by the Division
Director;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing the
contributor's name and address; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form)
kept by the candidate for the Commission.
``(c) Verification of Contributions.--
``(1) Procedures.--The Division Director shall establish
procedures for the auditing and verification of the
contributions received and expenditures made by participating
candidates under this title, including procedures for random
audits, to ensure that such contributions and expenditures
meet the requirements of this title.
``(2) Authority of commission to revise procedures.--The
Commission, by a vote of not fewer than four of its members,
may revise the procedures established by the Division
Director under this subsection.

``SEC. 513. CERTIFICATION.

``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Division Director shall--
``(A) determine whether or not the candidate meets the
requirements for certification as a participating candidate;
``(B) if the Division Director determines that the
candidate meets such requirements, certify the candidate as a
participating candidate; and
``(C) notify the candidate of the Division Director's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Division Director certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Division Director shall be
deemed to have certified the candidate as a participating
candidate with respect to all subsequent elections of the
election cycle.
``(3) Authority of commission to reverse determination by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under
this subsection, the Commission, by a vote of not fewer than
four of its members, may review and

[[Page H141]]

reverse the determination. If the Commission reverses the
determination, the Commission shall promptly notify the
candidate involved.
``(b) Revocation of Certification.--
``(1) In general.--The Division Director shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the ballot
at any time after the date of certification (other than a
candidate certified as a participating candidate with respect
to a primary election who fails to qualify to appear on the
ballot for a subsequent election in that election cycle);
``(B) a candidate ceases to be a candidate for the office
involved, as determined on the basis of an official
announcement by an authorized committee of the candidate or
on the basis of a reasonable determination by the Commission;
or
``(C) a candidate otherwise fails to comply with the
requirements of this title, including any regulatory
requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Division
Director shall revoke a certification under subsection (a) if
a penalty is assessed against the candidate under section
309(d) with respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under this
title during the remainder of the election cycle involved;
and
``(B) in the case of a candidate whose certification is
revoked pursuant to subparagraph (A) or subparagraph (C) of
paragraph (1)--
``(i) the candidate shall repay to the Commission an amount
equal to the payments received under this title with respect
to the election cycle involved plus interest (at a rate
determined by the Commission on the basis of an appropriate
annual percentage rate for the month involved) on any such
amount received, which shall be used by the Commission to
supplement the allocation made to the Commission with respect
to the State in which the candidate seeks office, as
described in section 541(a); and
``(ii) the candidate may not be certified as a
participating candidate under this title with respect to the
next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Division
Director revokes the certification of an individual as a
participating candidate under this title pursuant to
subparagraph (A) or subparagraph (C) of paragraph (1) a total
of 3 times, the individual may not be certified as a
participating candidate under this title with respect to any
subsequent election.
``(5) Authority of commission to reverse revocation by
division director.--During the 10-day period which begins on
the date the Division Director makes a determination under
this subsection, the Commission, by a vote of not fewer than
four of its members, may review and reverse the
determination. If the Commission reverses the determination,
the Commission shall promptly notify the candidate involved.
``(c) Voluntary Withdrawal From Participating During
Qualifying Period.--At any time during the Small Dollar
Democracy qualifying period described in section 511(c), a
candidate may withdraw from participation in the program
under this title by submitting to the Commission a statement
of withdrawal (without regard to whether or not the
Commission has certified the candidate as a participating
candidate under this title as of the time the candidate
submits such statement), so long as the candidate has not
submitted a request for payment under section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is certified under this section as eligible
to receive benefits under this title.

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

``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

``(a) Permitted Sources of Contributions and
Expenditures.--Except as provided in subsection (c), a
participating candidate with respect to an election shall,
with respect to all elections occurring during the election
cycle for the office involved, accept no contributions from
any source and make no expenditures from any amounts, other
than the following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established
and maintained by a national or State political party,
subject to the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to
the applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate
may accept from any individual with respect to any election
during the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political
committees, subject to the applicable limitations of section
315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the
candidate) so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle occurring
prior to the candidate's certification as a participating
candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct payments
for the receipt of goods and services which constitute
authorized expenditures in connection with the election cycle
involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister, or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission, to be used to supplement
the allocation made to the Commission with respect to the
State in which the candidate seeks office, as described in
section 541(a); or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate
is not in violation of such subsection if the aggregate
amount of the prohibited expenditures is less than the amount
referred to in section 512(a)(2) (relating to the total
dollar amount of qualified small dollar contributions which
the candidate is required to obtain) which is applicable to
the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous
election may be retained, but only if the candidate places
the funds in escrow and refrains from raising additional
funds for or spending funds from that account during the
election cycle in which a candidate is a participating
candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as
campaign surpluses under paragraph (3), and expenditures made
shall count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party
in coordination with a participating candidate shall not be
treated as a contribution to or as an expenditure made by the
participating candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this
title with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election
for which the candidate was not certified as a participating
candidate under this title and the candidate does not
terminate the committee, the candidate shall not be
considered to be in violation of paragraph (1) so long as
that joint fundraising committee does not receive any
contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance,
maintain, or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate
under this title and the candidate does not terminate the
leadership PAC, the candidate shall not be considered to be
in violation of paragraph (1) so long as the leadership PAC
does not receive any contributions or make any disbursements
during the election cycle for which the candidate is
certified as a participating candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).

``SEC. 522. ADMINISTRATION OF CAMPAIGN.

``(a) Separate Accounting for Various Permitted
Contributions.--Each authorized committee of a candidate
certified as a participating candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title
shall, in accordance with section 304(b)(3)(A), include in
the reports the committee submits under section

[[Page H142]]

304 the identification of each person who makes a qualified
small dollar contribution to the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on
the internet (whether through a site established for purposes
of this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically
with the Commission) in a searchable, sortable, and
downloadable manner.

``SEC. 523. PREVENTING UNNECESSARY SPENDING OF MATCHING
FUNDS.

``(a) Mandatory Spending of Available Private Funds.--An
authorized committee of a candidate certified as a
participating candidate under this title may not make any
expenditure of any payments received under this title in any
amount unless the committee has made an expenditure in an
equivalent amount of funds received by the committee which
are described in paragraphs (1), (3), (4), (5), and (6) of
section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in
such subsection are available to the committee at the time
the committee makes an expenditure of a payment received
under this title.

``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.

``(a) Remittance Required.--Not later than the date that is
180 days after the last election for which a candidate
certified as a participating candidate qualifies to be on the
ballot during the election cycle involved, such participating
candidate shall remit to the Commission an amount equal to
the balance of the payments received under this title by the
authorized committees of the candidate which remain
unexpended as of such date, which shall be used to supplement
the allocation made to the Commission with respect to the
State in which the candidate seeks office, as described in
section 541(a).
``(b) Permitting Candidates Participating in Next Election
Cycle To Retain Portion of Unspent Funds.--Notwithstanding
subsection (a), a participating candidate may withhold not
more than $100,000 from the amount required to be remitted
under subsection (a) if the candidate files a signed
affidavit with the Commission that the candidate will seek
certification as a participating candidate with respect to
the next election cycle, except that the candidate may not
use any portion of the amount withheld until the candidate is
certified as a participating candidate with respect to that
next election cycle. If the candidate fails to seek
certification as a participating candidate prior to the last
day of the Small Dollar Democracy qualifying period for the
next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's
determination does not meet the requirements for
certification as a participating candidate with respect to
such cycle, the candidate shall immediately remit to the
Commission the amount withheld.

``Subtitle D--Enhanced Match Support

``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.

``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Division Director shall
make an additional payment to an eligible candidate under
this subtitle.
``(b) Use of Funds.--A candidate shall use the additional
payment under this subtitle only for authorized expenditures
in connection with the election involved.

``SEC. 532. ELIGIBILITY.

``(a) In General.--A candidate is eligible to receive an
additional payment under this subtitle if the candidate meets
each of the following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Division Director a request for the
payment which includes--
``(A) a statement of the number and amount of qualified
small dollar contributions received by the candidate during
the enhanced support qualifying period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
and
``(C) such other information and assurances as the Division
Director may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In
this subtitle, the term `enhanced support qualifying period'
means, with respect to a general election, the period which
begins 60 days before the date of the election and ends 14
days before the date of the election.

``SEC. 533. AMOUNT.

``(a) In General.--Subject to subsection (b), the amount of
the additional payment made to an eligible candidate under
this subtitle shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the
request submitted by the candidate under section 532(a)(4));
or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate
has reached the limit on the aggregate amount of payments
under subtitle A for the election cycle under section 501(c),
the amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment
determined under subsection (a) with respect to a candidate
may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the
additional payment made to a candidate under this subtitle
shall not be included in determining the aggregate amount of
payments made to a participating candidate with respect to an
election cycle under section 501(c).

``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT
FUNDS AFTER ELECTION.

``Notwithstanding section 524(a)(2), a candidate who
receives an additional payment under this subtitle with
respect to an election is not permitted to withhold any
portion from the amount of unspent funds the candidate is
required to remit to the Commission under section 524(a)(1).

``Subtitle E--Administrative Provisions

``SEC. 541. SOURCE OF PAYMENTS.

``(a) Allocations From State Election Assistance and
Innovation Trust Fund.--The amounts used to make payments to
participating candidates under this title who seek office in
a State shall be derived from the allocations made to the
Commission with respect to the State from the State Election
Assistance and Innovation Trust Fund (hereafter referred to
as the `Fund') under section 8012 of the Freedom to Vote:
John R. Lewis Act, as provided under section 8005(c) of such
Act.
``(b) Use of Allocations to Make Payments to Participating
Candidates.--
``(1) Payments to participating candidates.--The
allocations made to the Commission as described in subsection
(a) shall be available without further appropriation or
fiscal year limitation to make payments to participating
candidates as provided in this title.
``(2) Ongoing review to determine sufficiency of state
allocations.--
``(A) Ongoing review.--Not later than 90 days before the
first day of each election cycle (beginning with the first
election cycle that begins after the date of the enactment of
this title), and on an ongoing basis until the end of the
election cycle, the Division Director, in consultation with
the Director of the Office of Democracy Advancement and
Innovation, shall determine whether the amount of the
allocation made to the Commission with respect to candidates
who seek office in a State as described in subsection (a)
will be sufficient to make payments to participating
candidates in the State in the amounts provided in this title
during such election cycle.
``(B) Opportunity for state to increase allocation.--If, at
any time the Division Director determines under subparagraph
(A) that the amount anticipated to be available in the Fund
for payments to participating candidates in a State with
respect to the election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of participating
candidates in the State to payments under this title for such
election cycle--
``(i) the Division Director shall notify the State and
Congress; and
``(ii) the State may direct the Director of the Office of
Democracy Advancement and Innovation to direct the Secretary
of the Treasury to use the funds described in subparagraph
(C), in such amounts as the State may direct, as an
additional allocation to the Commission with respect to the
State for purposes of subsection (a), in accordance with
section 8012 of the Freedom to Vote: John R. Lewis Act.
``(C) Funds described.--The funds described in this
subparagraph are funds which were allocated to the State
under the Democracy Advancement and Innovation Program under
subtitle A of title VIII of the Freedom to Vote: John R.
Lewis Act which, under the State plan under section 8002 of
such Act, were to be used for democracy promotion activities
described in paragraph (1), (2)(B), (2)(C), or (3) of section
8001(b) of such Act but which remain unobligated.
``(3) Elimination of limit of amount of qualified small
donor contributions.--
``(A) Elimination of limit.--If, after notifying the State
under subparagraph (B)(i) and (if the State so elects) the
State directs an additional allocation to the Commission as
provided under such subparagraph, the Division Director
determines that the amount anticipated to be available in the
Fund for payments to participating candidates in the State
with respect to the election cycle involved is still not, or
may still not be, sufficient to satisfy the full entitlements
of participating candidates in the State to payments under
this title for such election cycle, the limit on the amount
of a qualified small donor contribution under section
504(a)(1)(B) shall not apply with respect to a participating
candidate in the State under this title. Nothing in this
subparagraph may be construed to waive the limit on the
aggregate amount of contributions a participating candidate
may accept from any individual under section 521(a)(5).
``(B) Determination of amount of payment to candidate.--In
determining under section 501(b) the amount of the payment
made to a participating candidate for whom the limit on the
amount of a qualified small donor contribution does not apply
pursuant to subparagraph

[[Page H143]]

(A), there shall be excluded any qualified small donor
contribution to the extent that the amount contributed by the
individual involved exceeds the limit on the amount of such a
contribution under section 504(a)(1)(B).
``(C) No use of amounts from other sources.--In any case in
which the Division Director determines that the allocation
made to the Commission with respect to candidates in a State
as described in subsection (a) is insufficient to make
payments to participating candidates in the State under this
title (taking into account any increase in the allocation
under paragraph (2)), moneys shall not be made available from
any other source for the purpose of making such payments.
``(c) Effective Date.--This section shall take effect on
the date of the enactment of this title, without regard to
whether or not regulations have been promulgated to carry out
this section.

``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN
COMMISSION.

``(a) Administration Through Dedicated Division.--
``(1) Establishment.--The Commission shall establish a
separate division within the Commission which is dedicated to
issuing regulations to carry out this title and to otherwise
carrying out the operation of this title.
``(2) Appointment of director and staff.--
``(A) Appointment.--Not later than June 1, 2022, the
Commission shall appoint a director to head the division
established under this section (to be known as the `Division
Director') and such other staff as the Commission considers
appropriate to enable the division to carry out its duties.
``(B) Role of general counsel.--If, at any time after the
date referred to in subparagraph (A), there is a vacancy in
the position of the Division Director, the General Counsel of
the Commission shall serve as the acting Division Director
until the Commission appoints a Division Director under this
paragraph.
``(3) Private right of action.--Any person aggrieved by the
failure of the Commission to meet the requirements of this
subsection may file an action in an appropriate district
court of the United States for such relief, including
declaratory and injunctive relief, as may be appropriate.
``(b) Regulations.--Not later than the deadline set forth
in section 8114 of the Freedom to Vote: John R. Lewis Act,
the Commission, acting through the dedicated division
established under this section, shall prescribe regulations
to carry out the purposes of this title, including
regulations--
``(1) to establish procedures for verifying the amount of
qualified small dollar contributions with respect to a
candidate;
``(2) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the
raising of qualified small dollar contributions;
``(3) to establish procedures for effectively and
efficiently monitoring and enforcing the limits on the use of
personal funds by participating candidates;
``(4) to establish procedures for monitoring the use of
payments made from the allocation made to the Commission as
described in section 541(a) and matching contributions under
this title through audits of not fewer than \1/10\ (or, in
the case of the first 3 election cycles during which the
program under this title is in effect, not fewer than \1/3\)
of all participating candidates or other mechanisms;
``(5) to establish procedures for carrying out audits under
section 541(b) and permitting States to make additional
allocations as provided under section 541(b)(2)(B); and
``(6) to establish rules for preventing fraud in the
operation of this title which supplement similar rules which
apply under this Act.

``SEC. 543. VIOLATIONS AND PENALTIES.

``(a) Civil Penalty for Violation of Contribution and
Expenditure Requirements.--If a candidate who has been
certified as a participating candidate accepts a contribution
or makes an expenditure that is prohibited under section 521,
the Commission may assess a civil penalty against the
candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts
collected under this subsection shall be used to supplement
the allocation made to the Commission with respect to the
State in which the candidate seeks office, as described in
section 541(a).
``(b) Repayment for Improper Use of Payments.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds
contained in this title, the Commission shall so notify the
candidate and the candidate shall pay to the Commission an
amount which shall be used to supplement the allocation made
to the Commission with respect to the State in which the
candidate seeks office, as described in section 541(a) and
which shall be equal to--
``(A) the amount of payments so used or not remitted, as
appropriate; and
``(B) interest on any such amounts (at a rate determined by
the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under
subsection (a) against a candidate (with respect to either a
single election or multiple elections), the Commission may
refuse to certify the candidate as a participating candidate
under this title with respect to any subsequent election,
except that if each of the penalties were assessed as the
result of a knowing and willful violation of any provision of
this Act, the candidate is not eligible to be certified as a
participating candidate under this title with respect to any
subsequent election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``(d) Imposition of Criminal Penalties.--For criminal
penalties for the failure of a participating candidate to
comply with the requirements of this title, see section
309(d).

``SEC. 544. INDEXING OF AMOUNTS.

``(a) Indexing.--In any calendar year after 2026, section
315(c)(1)(B) shall apply to each amount described in
subsection (b) in the same manner as such section applies to
the limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be 2026.
``(b) Amounts Described.--The amounts described in this
subsection are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by
a candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may
retain for use in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).

``SEC. 545. ELECTION CYCLE DEFINED.

``In this title, the term `election cycle' means, with
respect to an election for an office, the period beginning on
the day after the date of the most recent general election
for that office (or, if the general election resulted in a
runoff election, the date of the runoff election) and ending
on the date of the next general election for that office (or,
if the general election resulted in a runoff election, the
date of the runoff election).

``SEC. 546. DIVISION DIRECTOR DEFINED.

``In this title, the term `Division Director' means the
individual serving as the director of the division
established under section 542.''.

SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
AND POLITICAL PARTY COMMITTEES ON BEHALF OF
PARTICIPATING CANDIDATES.

(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section
315(a) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)) is amended by adding at the end the
following new paragraph:
``(10) In the case of a multicandidate political committee
or any political committee of a political party, the
committee may make a contribution to a candidate who is a
participating candidate under title V with respect to an
election only if the contribution is paid from a separate,
segregated account of the committee which consists solely of
contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From
Small Dollar Sources by Political Parties.--Section 315(d) of
such Act (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(6), the national committee''; and
(2) by adding at the end the following new paragraph:
``(6) The limits described in paragraph (3) do not apply in
the case of expenditures in connection with the general
election campaign of a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress who is a participating candidate under title V
with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(10); and

[[Page H144]]

``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.

SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING
CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR
ELECTION.

Section 313 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30114) is amended by adding at the end the
following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph
(2), (3), or (4) of subsection (a), if a candidate for
election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress is certified as a
participating candidate under title V with respect to the
election, any contribution which the candidate is permitted
to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for
such office, subject to section 503(b).''.

SEC. 8114. DEADLINE FOR REGULATIONS.

Not later than October 1, 2022, the Federal Election
Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by
this part. This part and the amendments made by this part
shall take effect on such date without regard to whether the
Commission has promulgated the regulations required under the
previous sentence by such date.

Subtitle C--Personal Use Services as Authorized Campaign Expenditures

SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.

(a) Short Title.--This subtitle may be cited as the ``Help
America Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like childcare and food.
While the law seems neutral, its actual effect is to
privilege the independently wealthy who want to run, because
given the demands of running for office, candidates who must
work to pay for childcare or to afford health insurance are
effectively being left out of the process, even if they have
sufficient support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans
who have firsthand knowledge of the importance of stable
childcare, a safety net, or great public schools are less
likely to get a seat at the table. This governance by the few
is antithetical to the democratic experiment, but most
importantly, when lawmakers do not share the concerns of
everyday Americans, their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York
Times reported in 2019 that fewer than 5 percent of
representatives cite blue-collar or service jobs in their
biographies. A 2015 survey by the Center for Responsive
Politics showed that the median net worth of lawmakers was
just over $1 million in 2013, or 18 times the wealth of the
typical American household.
(5) These circumstances have also contributed to a
governing body that does not reflect the nation it serves.
For instance, women are 51 percent of the American
population. Yet even with a record number of women serving in
the One Hundred Sixteenth Congress, the Pew Research Center
notes that more than three out of four Members of this
Congress are male. The Center for American Women And Politics
found that one third of women legislators surveyed had been
actively discouraged from running for office, often by
political professionals. This type of discouragement,
combined with the prohibitions on using campaign funds for
domestic needs like childcare, burdens that still fall
disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived
experience of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as
prospective public servants. In fact, helping ordinary
Americans to run may create better policy for all Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure
that all Americans who are otherwise qualified to serve this
Nation are able to run for office, regardless of their
economic status. By expanding permissible uses of campaign
funds and providing modest assurance that testing a run for
office will not cost one's livelihood, the Help America Run
Act will facilitate the candidacy of representatives who more
accurately reflect the experiences, challenges, and ideals of
everyday Americans.

SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER
PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN
EXPENDITURE.

(a) Personal Use Services as Authorized Campaign
Expenditure.--Section 313 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30114), as amended by section 8113, is
amended by adding at the end the following new subsection:
``(e) Treatment of Payments for Child Care and Other
Personal Use Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate
for any of the personal use services described in paragraph
(3) shall be treated as an authorized expenditure if the
services are necessary to enable the participation of the
candidate in campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total amount
of payments made by an authorized committee of a candidate
for personal use services described in paragraph (3) may not
exceed the limit which is applicable under any law, rule, or
regulation on the amount of payments which may be made by the
committee for the salary of the candidate (without regard to
whether or not the committee makes payments to the candidate
for that purpose).
``(B) Corresponding reduction in amount of salary paid to
candidate.--To the extent that an authorized committee of a
candidate makes payments for the salary of the candidate, any
limit on the amount of such payments which is applicable
under any law, rule, or regulation shall be reduced by the
amount of any payments made to or on behalf of the candidate
for personal use services described in paragraph (3), other
than personal use services described in subparagraph (D) of
such paragraph.
``(C) Exclusion of candidates who are officeholders.--
Paragraph (1) does not apply with respect to an authorized
committee of a candidate who is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided on
behalf of any dependent who is a qualifying relative under
section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall take effect without regard to whether or not the
Federal Election Commission has promulgated regulations to
carry out such amendments.

Subtitle D--Empowering Small Dollar Donations

SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE
ENHANCED SUPPORT FOR HOUSE CANDIDATES THROUGH
USE OF SEPARATE SMALL DOLLAR ACCOUNTS.

(a) Increase in Limit on Contributions to Candidates.--
Section 315(a)(2)(A) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking
``exceed $5,000'' and inserting ``exceed $5,000 or, in the
case of a contribution made by a national committee of a
political party from an account described in paragraph (11),
exceed $10,000''.
(b) Elimination of Limit on Coordinated Expenditures.--
Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is
amended by striking ``subsection (a)(9)'' and inserting
``subsection (a)(9) or subsection (a)(11)''.
(c) Accounts Described.--Section 315(a) of such Act (52
U.S.C. 30116(a)), as amended by section 8112(a), is amended
by adding at the end the following new paragraph:
``(11) An account described in this paragraph is a
separate, segregated account of a national congressional
campaign committee of a political party which--
``(A) supports only candidates for election for the office
of Representative in, or Delegate or Resident Commissioner
to, the Congress; and
``(B) consists exclusively of contributions made during a
calendar year by individuals whose aggregate contributions to
the committee during the year do not exceed $200.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to elections held on or after the
date of the enactment of this Act and shall take effect
without regard to whether or not the Federal Election
Commission has promulgated regulations to carry out such
amendments.

Subtitle E--Severability

SEC. 8401. SEVERABILITY.

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

DIVISION D--VOTING RIGHTS

TITLE IX--VOTING RIGHTS

SEC. 9000. SHORT TITLE.

This division may be cited as the ``John R. Lewis Voting
Rights Advancement Act of 2021''.

Subtitle A--Amendments to the Voting Rights Act

SEC. 9001. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.

(a) In General.--Section 2(a) of the Voting Rights Act of
1965 (52 U.S.C. 10301(a)) is amended--
(1) by inserting after ``applied by any State or political
subdivision'' the following: ``for the purpose of, or''; and
(2) by striking ``as provided in subsection (b)'' and
inserting ``as provided in subsection (b), (c), (d), or
(e)''.
(b) Vote Dilution.--Section 2 of such Act (52 U.S.C.
10301), as amended by subsection (a), is further amended by
striking subsection (b) and inserting the following:
``(b) A violation of subsection (a) for vote dilution is
established if, based on the totality of circumstances, it is
shown that the political processes leading to nomination or
election in the State or political subdivision are not
equally

[[Page H145]]

open to participation by members of a class of citizens
protected by subsection (a) in that its members have less
opportunity than other members of the electorate to
participate in the political process and to elect
representatives of their choice. The extent to which members
of a protected class have been elected to office in the State
or political subdivision is one circumstance which may be
considered: Provided, That nothing in this section
establishes a right to have members of a protected class
elected in numbers equal to their proportion in the
population. The legal standard articulated in Thornburg v.
Gingles, 478 U.S. 30 (1986), governs claims under this
subsection. For purposes of this subsection a class of
citizens protected by subsection (a) may include a cohesive
coalition of members of different racial or language minority
groups.''.
(c) Vote Denial or Abridgement.--Section 2 of such Act (52
U.S.C. 10301), as amended by subsections (a) and (b), is
further amended by adding at the end the following:
``(c)(1) A violation of subsection (a) for vote denial or
abridgment is established if the challenged qualification,
prerequisite, standard, practice, or procedure imposes a
discriminatory burden on members of a class of citizens
protected by subsection (a), meaning that--
``(A) members of the protected class face disproportionate
costs or burdens in complying with the qualification,
prerequisite, standard, practice, or procedure, considering
the totality of the circumstances; and
``(B) such disproportionate costs or burdens are, at least
in part, caused by or linked to social and historical
conditions that have produced or currently produce
discrimination against members of the protected class.
``(2) The challenged qualification, prerequisite, standard,
practice, or procedure need only be a but-for cause of the
discriminatory burden or perpetuate a pre-existing
discriminatory burden.
``(3)(A) The totality of the circumstances for
consideration relative to a violation of subsection (a) for
vote denial or abridgment shall include the following
factors, which, individually and collectively, show how a
voting qualification, prerequisite, standard, practice, or
procedure can function to amplify the effects of past or
present racial discrimination:
``(i) The history of official voting-related discrimination
in the State or political subdivision.
``(ii) The extent to which voting in the elections of the
State or political subdivision is racially polarized.
``(iii) The extent to which members of the protected class
bear the effects of discrimination in areas such as
education, employment, and health, which hinder the ability
of those members to participate effectively in the political
process.
``(iv) The use of overt or subtle racial appeals either in
political campaigns or surrounding the adoption or
maintenance of the challenged qualification, prerequisite,
standard, practice, or procedure.
``(v) The extent to which members of the protected class
have been elected to public office in the jurisdiction,
except that the fact that the protected class is too small to
elect candidates of its choice shall not defeat a claim of
vote denial or abridgment under this section.
``(vi) Whether there is a significant lack of
responsiveness on the part of elected officials to the
particularized needs of members of the protected class.
``(vii) Whether the policy underlying the State or
political subdivision's use of the challenged qualification,
prerequisite, standard, practice, or procedure has a tenuous
connection to that qualification, prerequisite, standard,
practice, or procedure. In making a determination under this
clause, a court shall consider whether the qualification,
prerequisite, standard, practice, or procedure in question
was designed to advance and materially advances a valid and
substantiated State interest.
``(B) A particular combination or number of factors under
subparagraph (A) shall not be required to establish a
violation of subsection (a) for vote denial or abridgment.
Additionally, a litigant can show a variety of factors to
establish a violation of subsection (a), and is not limited
to those factors listed under subparagraph (A).
``(C) In evaluating the totality of the circumstances for
consideration relative to a violation of subsection (a) for
vote denial or abridgment, the following factors shall not
weigh against a finding of a violation:
``(i) The total number or share of members of a protected
class on whom a challenged qualification, prerequisite,
standard, practice, or procedure does not impose a material
burden.
``(ii) The degree to which the challenged qualification,
prerequisite, standard, practice, or procedure has a long
pedigree or was in widespread use at some earlier date.
``(iii) The use of an identical or similar qualification,
prerequisite, standard, practice, or procedure in other
States or political subdivisions.
``(iv) The availability of other forms of voting unimpacted
by the challenged qualification, prerequisite, standard,
practice, or procedure to all members of the electorate,
including members of the protected class, unless the State or
political subdivision is simultaneously expanding those other
qualifications, prerequisites, standards, practices, or
procedures to eliminate any disproportionate burden imposed
by the challenged qualification, prerequisite, standard,
practice, or procedure.
``(v) A prophylactic impact on potential criminal activity
by individual voters, if such crimes have not occurred in the
State or political subdivision in substantial numbers.
``(vi) Mere invocation of interests in voter confidence or
prevention of fraud.''.
(d) Intended Vote Dilution or Vote Denial or Abridgment.--
Section 2 of such Act (52 U.S.C. 10301), as amended by
subsections (a), (b), and (c) is further amended by adding at
the end the following:
``(d)(1) A violation of subsection (a) is also established
if a challenged qualification, prerequisite, standard,
practice, or procedure is intended, at least in part, to
dilute the voting strength of a protected class or to deny or
abridge the right of any citizen of the United States to vote
on account of race, color, or in contravention of the
guarantees set forth in section 4(f)(2).
``(2) Discrimination on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2),
need only be one purpose of a qualification, prerequisite,
standard, practice, or procedure in order to establish a
violation of subsection (a), as described in this subsection.
A qualification, prerequisite, standard, practice, or
procedure intended to dilute the voting strength of a
protected class or to make it more difficult for members of a
protected class to cast a ballot that will be counted
constitutes a violation of subsection (a), as described in
this subsection, even if an additional purpose of the
qualification, prerequisite, standard, practice, or procedure
is to benefit a particular political party or group.
``(3) Recent context, including actions by official
decisionmakers in prior years or in other contexts preceding
the decision responsible for the challenged qualification,
prerequisite, standard, practice, or procedure, and including
actions by predecessor government actors or individual
members of a decisionmaking body, may be relevant to making a
determination about a violation of subsection (a), as
described under this subsection.
``(4) A claim that a violation of subsection (a) has
occurred, as described under this subsection, shall require
proof of a discriminatory impact but shall not require proof
of violation of subsection (b) or (c).''.

SEC. 9002. RETROGRESSION.

Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.), as amended by section 9001 of this Act, is further
amended by adding at the end the following:
``(e) A violation of subsection (a) is established when a
State or political subdivision enacts or seeks to administer
any qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting in any election
that has the purpose of or will have the effect of
diminishing the ability of any citizens of the United States
on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2), to participate in
the electoral process or elect their preferred candidates of
choice. This subsection applies to any action taken on or
after January 1, 2021, by a State or political subdivision to
enact or seek to administer any such qualification or
prerequisite to voting or standard, practice or procedure.
``(f) Notwithstanding the provisions of subsection (e),
final decisions of the United States District Court of the
District of Columbia on applications or petitions by States
or political subdivisions for preclearance under section 5 of
any changes in voting prerequisites, standards, practices, or
procedures, supersede the provisions of subsection (e).''.

SEC. 9003. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.

(a) Types of Violations.--Section 3(c) of the Voting Rights
Act of 1965 (52 U.S.C. 10302(c)) is amended by striking
``violations of the fourteenth or fifteenth amendment'' and
inserting ``violations of the 14th or 15th Amendment,
violations of this Act, or violations of any Federal law that
prohibits discrimination in voting on the basis of race,
color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting
``violations of the 14th or 15th Amendment, violations of
this Act, or violations of any Federal law that prohibits
discrimination in voting on the basis of race, color, or
membership in a language minority group,''.

SEC. 9004. CRITERIA FOR COVERAGE OF STATES AND POLITICAL
SUBDIVISIONS.

(a) Determination of States and Political Subdivisions
Subject to Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions
Subject to Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a) applies with
respect to a State and all political subdivisions within the
State during a calendar year if--
``(i) fifteen or more voting rights violations occurred in
the State during the previous 25 calendar years; or
``(ii) ten or more voting rights violations occurred in the
State during the previous 25 calendar years, at least one of
which was committed by the State itself (as opposed to a
political subdivision within the State).
``(B) Application to specific political subdivisions.--
Subsection (a) applies with respect to a political
subdivision as a separate unit during a calendar year if
three or more voting rights violations occurred in the
subdivision during the previous 25 calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in subparagraph (B),
if, pursuant to paragraph (1), subsection (a) applies with
respect to a State or political subdivision during a calendar
year, subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year in which
subsection (a) applies; and
``(ii) that ends on the date which is 10 years after the
date described in clause (i).
``(B) No further application after declaratory judgment.--

[[Page H146]]

``(i) States.--If a State obtains a declaratory judgment
under subsection (a), and the judgment remains in effect,
subsection (a) shall no longer apply to such State and all
political subdivisions in the State pursuant to paragraph
(1)(A) unless, after the issuance of the declaratory
judgment, paragraph (1)(A) applies to the State solely on the
basis of voting rights violations occurring after the
issuance of the declaratory judgment, or paragraph (1)(B)
applies to the political subdivision solely on the basis of
voting rights violations occurring after the issuance of the
declaratory judgment.
``(ii) Political subdivisions.--If a political subdivision
obtains a declaratory judgment under subsection (a), and the
judgment remains in effect, subsection (a) shall no longer
apply to such political subdivision pursuant to paragraph
(1), including pursuant to paragraph (1)(A) (relating to the
statewide application of subsection (a)), unless, after the
issuance of the declaratory judgment, paragraph (1)(B)
applies to the political subdivision solely on the basis of
voting rights violations occurring after the issuance of the
declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Judicial relief; violation of the 14th or 15th
amendment.--Any final judgment (that has not been reversed on
appeal) occurred, in which the plaintiff prevailed and in
which any court of the United States determined that a denial
or abridgement of the right of any citizen of the United
States to vote on account of race, color, or membership in a
language minority group occurred, that a voting qualification
or prerequisite to voting or standard, practice, or procedure
with respect to voting created an undue burden on the right
to vote in connection with a claim that the law unduly
burdened voters of a particular race, color, or language
minority group, or that race was the predominant factor
motivating the decision to place a significant number of
voters within or outside of a particular district, unless
narrowly tailored in service of a compelling interest or in
response to an objection interposed by the Department of
Justice, in violation of the 14th or 15th Amendment to the
Constitution of the United States, anywhere within the State
or subdivision.
``(B) Judicial relief; violations of this act.--Any final
judgment (that has not been reversed on appeal) occurred in
which the plaintiff prevailed and in which any court of the
United States determined that a voting qualification or
prerequisite to voting or standard, practice, or procedure
with respect to voting was imposed or applied or would have
been imposed or applied anywhere within the State or
subdivision in a manner that resulted or would have resulted
in a denial or abridgement of the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, in violation of
subsection (e) or (f) or section 2, 201, or 203, or any final
judgment (that has not been reversed on appeal) occurred in
which a court of the United States found a State or political
subdivision failed to comply with section 5(a): Provided,
That if the voting qualifications or prerequisites to voting
or standards, practices, or procedures that the court finds
required compliance with section 5(a) subsequently go into
effect (without alteration or amendment) in accordance with
the procedures in section 5(a), then such finding shall not
count as a violation.
``(C) Final judgment; denial of declaratory judgment.--In a
final judgment (that has not been reversed on appeal), any
court of the United States has denied the request of the
State or subdivision for a declaratory judgment under section
3(c) or section 5, and thereby prevented a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting from being
enforced anywhere within the State or subdivision.
``(D) Objection by the attorney general.--The Attorney
General has interposed an objection under section 3(c) or
section 5, and thereby prevented a voting qualification or
prerequisite to voting or standard, practice, or procedure
with respect to voting from being enforced anywhere within
the State or subdivision. A violation under this subparagraph
has not occurred where an objection has been withdrawn by the
Attorney General, unless the withdrawal was in response to a
change in the law or practice that served as the basis of the
objection. A violation under this subparagraph has not
occurred where the objection is based solely on a State or
political subdivision's failure to comply with a procedural
process that would not otherwise count as an independent
violation of this Act.
``(E) Consent decree, settlement, or other agreement.--
``(i) Agreement.--A consent decree, settlement, or other
agreement was adopted or entered by a court of the United
States that contains an admission of liability by the
defendants, which resulted in the alteration or abandonment
of a voting practice anywhere in the territory of such State
or subdivision that was challenged on the ground that the
practice denied or abridged the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group in violation of
subsection (e) or (f) or section 2, 201, or 203, or the 14th
or 15th Amendment.
``(ii) Independent violations.--A voluntary extension or
continuation of a consent decree, settlement, or agreement
described in clause (i) shall not count as an independent
violation under this subparagraph. Any other extension or
modification of such a consent decree, settlement, or
agreement, if the consent decree, settlement, or agreement
has been in place for ten years or longer, shall count as an
independent violation under this subparagraph. If a court of
the United States finds that a consent decree, settlement, or
agreement described in clause (i) itself denied or abridged
the right of any citizen of the United States to vote on
account of race, color, or membership in a language minority
group, violated subsection (e) or (f) or section 2, 201, or
203, or created an undue burden on the right to vote in
connection with a claim that the consent decree, settlement,
or other agreement unduly burdened voters of a particular
race, color, or language minority group, that finding shall
count as an independent violation under this subparagraph.
``(F) Multiple violations.--Each instance in which a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting, including each
redistricting plan, is found to be a violation by a court of
the United States pursuant to subparagraph (A) or (B), or
prevented from being enforced pursuant to subparagraph (C) or
(D), or altered or abandoned pursuant to subparagraph (E)
shall count as an independent violation under this paragraph.
Within a redistricting plan, each violation under this
paragraph found to violate the rights of any group of voters
within an individual district based on race, color, or
language minority group shall count as an independent
violation under this paragraph.
``(4) Timing of determinations.--
``(A) Determinations of voting rights violations.--As early
as practicable during each calendar year, the Attorney
General shall make the determinations required by this
subsection, including updating the list of voting rights
violations occurring in each State and political subdivision
for the previous calendar year.
``(B) Effective upon publication in federal register.--A
determination or certification of the Attorney General under
this section or under section 8 or 13 shall be effective upon
publication in the Federal Register.''.
(2) Conforming amendments.--Section 4(a) of such Act (52
U.S.C. 10303(a)) is amended--
(A) in paragraph (1), in the first sentence of the matter
preceding subparagraph (A), by striking ``any State with
respect to which'' and all that follows through ``unless''
and inserting ``any State to which this subsection applies
during a calendar year pursuant to determinations made under
subsection (b), or in any political subdivision of such State
(as such subdivision existed on the date such determinations
were made with respect to such State), though such
determinations were not made with respect to such subdivision
as a separate unit, or in any political subdivision with
respect to which this subsection applies during a calendar
year pursuant to determinations made with respect to such
subdivision as a separate unit under subsection (b),
unless'';
(B) in paragraph (1), in the matter preceding subparagraph
(A), by striking the second sentence;
(C) in paragraph (1)(A), by striking ``(in the case of a
State or subdivision seeking a declaratory judgment under the
second sentence of this subsection)'';
(D) in paragraph (1)(B), by striking ``(in the case of a
State or subdivision seeking a declaratory judgment under the
second sentence of this subsection)'';
(E) in paragraph (3), by striking ``(in the case of a State
or subdivision seeking a declaratory judgment under the
second sentence of this subsection)'';
(F) in paragraph (5), by striking ``(in the case of a State
or subdivision which sought a declaratory judgment under the
second sentence of this subsection)'';
(G) by striking paragraphs (7) and (8); and
(H) by redesignating paragraph (9) as paragraph (7).
(b) Clarification of Treatment of Members of Language
Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C.
10303(a)(1)), as amended by subsection (a), is further
amended, in the first sentence, by striking ``race or
color,'' and inserting ``race or color, or in contravention
of the guarantees of subsection (f)(2),''.
(c) Facilitating Bailout.--Section 4(a) of the Voting
Rights Act of 1965 (52 U.S.C. 10303(a)), as amended by
subsection (a), is further amended--
(1) by striking paragraph (1)(C);
(2) by inserting at the beginning of paragraph (7), as
redesignated by subsection (a)(2)(H), the following: ``Any
plaintiff seeking a declaratory judgment under this
subsection on the grounds that the plaintiff meets the
requirements of paragraph (1) may request that the Attorney
General consent to entry of judgment.''; and
(3) by adding at the end the following:
``(8) If a political subdivision is subject to the
application of this subsection, due to the applicability of
subsection (b)(1)(A), the political subdivision may seek a
declaratory judgment under this section if the subdivision
demonstrates that the subdivision meets the criteria
established by the subparagraphs of paragraph (1), for the 10
years preceding the date on which subsection (a) applied to
the political subdivision under subsection (b)(1)(A).
``(9) If a political subdivision was not subject to the
application of this subsection by reason of a declaratory
judgment entered prior to the date of enactment of the John
R. Lewis Voting Rights Advancement Act of 2021, and is not,
subsequent to that date of enactment, subject to the
application of this subsection under subsection (b)(1)(B),
then that political subdivision shall not be subject to the
requirements of this subsection.''.

SEC. 9005. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS
SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES.

The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is
further amended by inserting after section 4 the following:

``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS
SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES.

``(a) Practice-Based Preclearance.--

[[Page H147]]

``(1) In general.--Each State and each political
subdivision shall--
``(A) identify any change to a law, regulation, or policy
that includes a voting qualification or prerequisite to
voting, or a standard, practice, or procedure with respect to
voting, that is a covered practice described in subsection
(b); and
``(B) ensure that no such covered practice is implemented
unless or until the State or political subdivision, as the
case may be, complies with subsection (c).
``(2) Determinations of characteristics of voting-age
population.--
``(A) In general.--As early as practicable during each
calendar year, the Attorney General, in consultation with the
Director of the Bureau of the Census and the heads of other
relevant offices of the government, shall make the
determinations required by this section regarding voting-age
populations and the characteristics of such populations, and
shall publish a list of the States and political subdivisions
to which a voting-age population characteristic described in
subsection (b) applies.
``(B) Publication in the federal register.--A determination
(including a certification) of the Attorney General under
this paragraph shall be effective upon publication in the
Federal Register.
``(b) Covered Practices.--To assure that the right of
citizens of the United States to vote is not denied or
abridged on account of race, color, or membership in a
language minority group as a result of the implementation of
certain qualifications or prerequisites to voting, or
standards, practices, or procedures with respect to voting in
a State or political subdivision, the following shall be
covered practices subject to the requirements described in
subsection (a):
``(1) Changes to method of election.--Any change to the
method of election--
``(A) to add seats elected at-large in a State or political
subdivision where--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population in the State or political subdivision,
respectively; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the State or political
subdivision; or
``(B) to convert one or more seats elected from a single-
member district to one or more at-large seats or seats from a
multi-member district in a State or political subdivision
where--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population in the State or political subdivision,
respectively; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the State or political
subdivision.
``(2) Changes to political subdivision boundaries.--Any
change or series of changes within a year to the boundaries
of a political subdivision that reduces by 3 or more
percentage points the percentage of the political
subdivision's voting-age population that is comprised of
members of a single racial group or language minority group
in the political subdivision where--
``(A) two or more racial groups or language minority groups
each represent 20 percent or more of the political
subdivision's voting-age population; or
``(B) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the political subdivision.
``(3) Changes through redistricting.--Any change to the
apportionment or boundaries of districts for Federal, State,
or local elections in a State or political subdivision where
any racial group or language minority group that is not the
largest racial group or language minority group in the
jurisdiction and that represents 15 percent or more of the
State or political subdivision's voting-age population
experiences a population increase of at least 20 percent of
its voting-age population, over the preceding decade (as
calculated by the Bureau of the Census under the most recent
decennial census), in the jurisdiction.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote or register to vote in elections for
Federal, State, or local offices that will exceed or be more
stringent than such requirements under State law on the day
before the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 2021.
``(5) Changes to multilingual voting materials.--Any change
that reduces multilingual voting materials or alters the
manner in which such materials are provided or distributed,
where no similar reduction or alteration occurs in materials
provided in English for such election.
``(6) Changes that reduce, consolidate, or relocate voting
locations, or reduce voting opportunities.--Any change that
reduces, consolidates, or relocates voting locations in
elections for Federal, State, or local office, including
early, absentee, and election-day voting locations, or
reduces days or hours of in-person voting on any Sunday
during a period occurring prior to the date of an election
for Federal, State, or local office during which voters may
cast ballots in such election, if the location change, or
reduction in days or hours, applies--
``(A) in one or more census tracts in which two or more
language minority groups or racial groups each represent 20
percent or more of the voting-age population; or
``(B) on Indian lands in which at least 20 percent of the
voting-age population belongs to a single language minority
group.
``(7) New list maintenance process.--Any change to the
maintenance process for voter registration lists that adds a
new basis for removal from the list of active voters
registered to vote in elections for Federal, State, or local
office, or that incorporates new sources of information in
determining a voter's eligibility to vote in elections for
Federal, State, or local office, if such a change would have
a statistically significant disparate impact, concerning the
removal from voter rolls, on members of racial groups or
language minority groups that constitute greater than 5
percent of the voting-age population--
``(A) in the case of a political subdivision imposing such
change if--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population of the political subdivision; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the political subdivision; or
``(B) in the case of a State imposing such change, if two
or more racial groups or language minority groups each
represent 20 percent or more of the voting-age population
of--
``(i) the State; or
``(ii) a political subdivision in the State, except that
the requirements under subsections (a) and (c) shall apply
only with respect to each such political subdivision
individually.
``(c) Preclearance.--
``(1) In general.--
``(A) Action .--Whenever a State or political subdivision
with respect to which the requirements set forth in
subsection (a) are in effect shall enact, adopt, or seek to
implement any covered practice described under subsection
(b), such State or subdivision may institute an action in the
United States District Court for the District of Columbia for
a declaratory judgment that such covered practice neither has
the purpose nor will have the effect of denying or abridging
the right to vote on account of race, color, or membership in
a language minority group, and unless and until the court
enters such judgment such covered practice shall not be
implemented.
``(B) Submission to attorney general.--
``(i) In general.--Notwithstanding subparagraph (A), such
covered practice may be implemented without such proceeding
if the covered practice has been submitted by the chief legal
officer or other appropriate official of such State or
subdivision to the Attorney General and the Attorney General
has not interposed an objection within 60 days after such
submission, or upon good cause shown, to facilitate an
expedited approval within 60 days after such submission, the
Attorney General has affirmatively indicated that such
objection will not be made. An exigency, including a natural
disaster, inclement weather, or other unforeseeable event,
requiring a changed qualification, prerequisite, standard,
practice, or procedure within 30 days of a Federal, State, or
local election shall constitute good cause requiring the
Attorney General to expedite consideration of the submission.
To the extent feasible, expedited consideration shall
consider the views of individuals affected by the changed
qualification, prerequisite, standard, practice, or
procedure.
``(ii) Effect of indication.--Neither an affirmative
indication by the Attorney General that no objection will be
made, nor the Attorney General's failure to object, nor a
declaratory judgment entered under this subsection shall bar
a subsequent action to enjoin implementation of such covered
practice. In the event the Attorney General affirmatively
indicates that no objection will be made within the 60-day
period following receipt of a submission, the Attorney
General may reserve the right to reexamine the submission if
additional information comes to the Attorney General's
attention during the remainder of the 60-day period which
would otherwise require objection in accordance with this
subsection.
``(C) Court.--Any action under this subsection shall be
heard and determined by a court of three judges in accordance
with the provisions of section 2284 of title 28, United
States Code, and any appeal shall lie to the Supreme Court.
``(2) Denying or abridging the right to vote.--Any covered
practice described in subsection (b) that has the purpose of
or will have the effect of diminishing the ability of any
citizens of the United States on account of race, color, or
membership in a language minority group, to elect their
preferred candidates of choice denies or abridges the right
to vote within the meaning of paragraph (1).
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) shall include any discriminatory purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) is to protect the ability of such citizens to elect their
preferred candidates of choice.
``(d) Enforcement.--The Attorney General or any aggrieved
citizen may file an action in a district court of the United
States to compel any State or political subdivision to
satisfy the obligations set forth in this section. Such an
action shall be heard and determined by a court of three
judges under section 2284 of title 28, United States Code. In
any such action, the court shall provide as a remedy that
implementation of any voting qualification or prerequisite to
voting, or standard, practice, or procedure with respect to
voting, that is the subject of the action under this
subsection be enjoined unless the court determines that--
``(1) the voting qualification or prerequisite to voting,
or standard, practice, or procedure with respect to voting,
is not a covered practice described in subsection (b); or
``(2) the State or political subdivision has complied with
subsection (c) with respect to the covered practice at issue.
``(e) Counting of Racial Groups and Language Minority
Groups.--For purposes of this section, the calculation of the
population of a racial group or a language minority group
shall be carried out using the methodology in the

[[Page H148]]

guidance of the Department of Justice entitled `Guidance
Concerning Redistricting Under Section 5 of the Voting Rights
Act; Notice' (76 Fed. Reg. 7470 (February 9, 2011)).
``(f) Special Rule.--For purposes of determinations under
this section, any data provided by the Bureau of the Census,
whether based on estimation from a sample or actual
enumeration, shall not be subject to challenge or review in
any court.
``(g) Multilingual Voting Materials.--In this section, the
term `multilingual voting materials' means registration or
voting notices, forms, instructions, assistance, or other
materials or information relating to the electoral process,
including ballots, provided in the language or languages of
one or more language minority groups.''.

SEC. 9006. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING
RIGHTS ACT.

(a) Transparency.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following:

``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING
RIGHTS.

``(a) Notice of Enacted Changes.--
``(1) Notice of changes.--If a State or political
subdivision makes any change in any qualification or
prerequisite to voting or standard, practice, or procedure
with respect to voting in any election for Federal office
that will result in the qualification or prerequisite,
standard, practice, or procedure being different from that
which was in effect as of 180 days before the date of the
election for Federal office, the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the website of the
State or political subdivision, of a concise description of
the change, including the difference between the changed
qualification or prerequisite, standard, practice, or
procedure and the qualification, prerequisite, standard,
practice, or procedure which was previously in effect. The
public notice described in this paragraph, in such State or
political subdivision and on the website of a State or
political subdivision, shall be in a format that is
reasonably convenient and accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(2) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 48 hours after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any person, prior to the 30th
day before the date of an election for Federal office, each
State or political subdivision with responsibility for
allocating registered voters, voting machines, and official
poll workers to particular precincts and polling places shall
provide reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the information described in paragraph (2)
for precincts and polling places within such State or
political subdivision. The public notice described in this
paragraph, in such State or political subdivision and on the
website of a State or political subdivision, shall be in a
format that is reasonably convenient and accessible to
persons with disabilities who are eligible to vote, including
persons who have low vision or are blind.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address, and whether such polling place
is accessible to persons with disabilities.
``(C) The voting-age population of the area served by the
precinct or polling place, broken down by demographic group
if such breakdown is reasonably available to such State or
political subdivision.
``(D) The number of registered voters assigned to the
precinct or polling place, broken down by demographic group
if such breakdown is reasonably available to such State or
political subdivision.
``(E) The number of voting machines assigned, including the
number of voting machines accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(F) The number of official paid poll workers assigned.
``(G) The number of official volunteer poll workers
assigned.
``(H) In the case of a polling place, the dates and hours
of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2), the State or
political subdivision shall provide reasonable public notice
in such State or political subdivision and on the website of
a State or political subdivision, of the change in the
information not later than 48 hours after the change occurs
or, if the change occurs fewer than 48 hours before the date
of the election for Federal office, as soon as practicable
after the change occurs. The public notice described in this
paragraph and published on the website of a State or
political subdivision shall be in a format that is reasonably
convenient and accessible to persons with disabilities who
are eligible to vote, including persons who have low vision
or are blind.
``(c) Transparency of Changes Relating to Demographics and
Electoral Districts.--
``(1) Requiring public notice of changes.--Not later than
10 days after making any change in the constituency that will
participate in an election for Federal, State, or local
office or the boundaries of a voting unit or electoral
district in an election for Federal, State, or local office
(including through redistricting, reapportionment, changing
from at-large elections to district-based elections, or
changing from district-based elections to at-large
elections), a State or political subdivision shall provide
reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the demographic and electoral data described
in paragraph (3) for each of the geographic areas described
in paragraph (2).
``(2) Geographic areas described.--The geographic areas
described in this paragraph are as follows:
``(A) The State as a whole, if the change applies
statewide, or the political subdivision as a whole, if the
change applies across the entire political subdivision.
``(B) If the change includes a plan to replace or eliminate
voting units or electoral districts, each voting unit or
electoral district that will be replaced or eliminated.
``(C) If the change includes a plan to establish new voting
units or electoral districts, each such new voting unit or
electoral district.
``(3) Demographic and electoral data.--The demographic and
electoral data described in this paragraph with respect to a
geographic area described in paragraph (2) are each of the
following:
``(A) The voting-age population, broken down by demographic
group.
``(B) The number of registered voters, broken down by
demographic group if such breakdown is reasonably available
to the State or political subdivision involved.
``(C)(i) If the change applies to a State, the actual
number of votes, or (if it is not reasonably practicable for
the State to ascertain the actual number of votes) the
estimated number of votes received by each candidate in each
statewide election held during the 5-year period which ends
on the date the change involved is made; and
``(ii) if the change applies to only one political
subdivision, the actual number of votes, or (if it is not
reasonably practicable for the political subdivision to
ascertain the actual number of votes) the estimated number of
votes in each subdivision-wide election held during the 5-
year period which ends on the date the change involved is
made.
``(4) Voluntary compliance by smaller jurisdictions.--
Compliance with this subsection shall be voluntary for a
political subdivision of a State unless the subdivision is
one of the following:
``(A) A county or parish.
``(B) A municipality with a population greater than 10,000,
as determined by the Bureau of the Census under the most
recent decennial census.
``(C) A school district with a population greater than
10,000, as determined by the Bureau of the Census under the
most recent decennial census. For purposes of this
subparagraph, the term `school district' means the geographic
area under the jurisdiction of a local educational agency (as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965).
``(d) Rules Regarding Format of Information.--The Attorney
General may issue rules specifying a reasonably convenient
and accessible format that States and political subdivisions
shall use to provide public notice of information under this
section.
``(e) No Denial of Right To Vote.--The right to vote of any
person shall not be denied or abridged because the person
failed to comply with any change made by a State or political
subdivision to a voting qualification, prerequisite,
standard, practice, or procedure if the State or political
subdivision involved did not meet the applicable requirements
of this section with respect to the change.
``(f) Definitions.--In this section--
``(1) the term `demographic group' means each group which
section 2 protects from the denial or abridgement of the
right to vote on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2);
``(2) the term `election for Federal office' means any
general, special, primary, or runoff election held solely or
in part for the purpose of electing any candidate for the
office of President, Vice President, Presidential elector,
Senator, Member of the House of Representatives, or Delegate
or Resident Commissioner to the Congress; and
``(3) the term `persons with disabilities', means
individuals with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall apply with respect to changes which are made on
or after the expiration of the 60-day period which begins on
the date of the enactment of this Act.

SEC. 9007. AUTHORITY TO ASSIGN OBSERVERS.

(a) Clarification of Authority in Political Subdivisions
Subject to Preclearance.--Section 8(a)(2)(B) of the Voting
Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to
read as follows:
``(B) in the Attorney General's judgment, the assignment of
observers is otherwise necessary to enforce the guarantees of
the 14th or 15th Amendment or any provision of this Act or
any other Federal law protecting the right of citizens of the
United States to vote; or''.
(b) Assignment of Observers To Enforce Bilingual Election
Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a))
is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting after paragraph (2) the following:
``(3) the Attorney General certifies with respect to a
political subdivision that--
``(A) the Attorney General has received written meritorious
complaints from residents, elected officials, or civic
participation organizations

[[Page H149]]

that efforts to violate section 203 are likely to occur; or
``(B) in the Attorney General's judgment, the assignment of
observers is necessary to enforce the guarantees of section
203;''; and
(3) by moving the margin for the continuation text
following paragraph (3), as added by paragraph (2) of this
subsection, 2 ems to the left.
(c) Transferral of Authority Over Observers to the Attorney
General.--
(1) Enforcement proceedings.--Section 3(a) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by
striking ``United States Civil Service Commission in
accordance with section 6'' and inserting ``Attorney General
in accordance with section 8''.
(2) Observers; appointment and compensation.--Section 8 of
the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
(A) in subsection (a), in the flush matter at the end, by
striking ``Director of the Office of Personnel Management
shall assign as many observers for such subdivision as the
Director'' and inserting ``Attorney General shall assign as
many observers for such subdivision as the Attorney
General'';
(B) in subsection (c), by striking ``Director of the Office
of Personnel Management'' and inserting ``Attorney General'';
and
(C) in subsection (c), by adding at the end the following:
``The Director of the Office of Personnel Management may,
with the consent of the Attorney General, assist in the
selection, recruitment, hiring, training, or deployment of
these or other individuals authorized by the Attorney General
for the purpose of observing whether persons who are entitled
to vote are being permitted to vote and whether those votes
are being properly tabulated.''.
(3) Termination of certain appointments of observers.--
Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10309(a)(1)) is amended by striking ``notifies the Director
of the Office of Personnel Management,'' and inserting
``determines,''.

SEC. 9008. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.

(a) Poll Tax.--Section 10(b) of the Voting Rights Act of
1965 (52 U.S.C. 10306(b)) is amended by striking ``the
Attorney General is authorized and directed to institute
forthwith in the name of the United States such actions,''
and inserting ``an aggrieved person or (in the name of the
United States) the Attorney General may institute such
actions''.
(b) Cause of Action.--Section 12(d) of the Voting Rights
Act of 1965 (52 U.S.C. 10308(d)) is amended to read as
follows:
``(d) Whenever there are reasonable grounds to believe that
any person has engaged in, or is about to engage in, any act
or practice that would (1) deny any citizen the right to
register, to cast a ballot, or to have that ballot counted
properly and included in the appropriate totals of votes cast
in violation of the 14th, 15th, 19th, 24th, or 26th
Amendments to the Constitution of the United States, (2)
violate subsection (a) or (b) of section 11, or (3) violate
any other provision of this Act or any other Federal voting
rights law that prohibits discrimination on the basis of
race, color, or membership in a language minority group, an
aggrieved person or (in the name of the United States) the
Attorney General may institute an action for preventive
relief, including an application for a temporary or permanent
injunction, restraining order, or other appropriate order.
Nothing in this subsection shall be construed to create a
cause of action for civil enforcement of criminal provisions
of this or any other Act.''.
(c) Judicial Relief.--Section 204 of the Voting Rights Act
of 1965 (52 U.S.C. 10504) is amended by striking the first
sentence and inserting the following: ``Whenever there are
reasonable grounds to believe that a State or political
subdivision has engaged or is about to engage in any act or
practice prohibited by a provision of this title, an
aggrieved person or (in the name of the United States) the
Attorney General may institute an action in a district court
of the United States, for a restraining order, a preliminary
or permanent injunction, or such other order as may be
appropriate.''.
(d) Enforcement of Twenty-sixth Amendment.--Section
301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10701(a)(1)) is amended to read as follows:
``(a)(1) An aggrieved person or (in the name of the United
States) the Attorney General may institute an action in a
district court of the United States, for a restraining order,
a preliminary or permanent injunction, or such other order as
may be appropriate to implement the 26th Amendment to the
Constitution of the United States.''.

SEC. 9009. PREVENTIVE RELIEF.

Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C.
10308(d)), as amended by section 108, is further amended by
adding at the end the following:
``(2)(A) In considering any motion for preliminary relief
in any action for preventive relief described in this
subsection, the court shall grant the relief if the court
determines that the complainant has raised a serious question
as to whether the challenged voting qualification or
prerequisite to voting or standard, practice, or procedure
violates any of the provisions listed in section 111(a)(1) of
the John R. Lewis Voting Rights Advancement Act and, on
balance, the hardship imposed on the defendant by the grant
of the relief will be less than the hardship which would be
imposed on the plaintiff if the relief were not granted.
``(B) In making its determination under this paragraph with
respect to a change in any voting qualification, prerequisite
to voting, or standard, practice, or procedure with respect
to voting, the court shall consider all relevant factors and
give due weight to the following factors, if they are
present:
``(i) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change was
adopted as a remedy for a Federal court judgment, consent
decree, or admission regarding--
``(I) discrimination on the basis of race or color in
violation of the 14th or 15th Amendment to the Constitution
of the United States;
``(II) a violation of the 19th, 24th, or 26th Amendments to
the Constitution of the United States;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race, color,
or membership in a language minority group in violation of
any other Federal or State law.
``(ii) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change served
as a ground for the dismissal or settlement of a claim
alleging--
``(I) discrimination on the basis of race or color in
violation of the 14th or 15th Amendment to the Constitution
of the United States;
``(II) a violation of the 19th, 24th, or 26th Amendment to
the Constitution of the United States;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race, color,
or membership in a language minority group in violation of
any other Federal or State law.
``(iii) Whether the change was adopted fewer than 180 days
before the date of the election with respect to which the
change is to take or takes effect.
``(iv) Whether the defendant has failed to provide timely
or complete notice of the adoption of the change as required
by applicable Federal or State law.
``(3) A jurisdiction's inability to enforce its voting or
election laws, regulations, policies, or redistricting plans,
standing alone, shall not be deemed to constitute irreparable
harm to the public interest or to the interests of a
defendant in an action arising under the Constitution or any
Federal law that prohibits discrimination on the basis of
race, color, or membership in a language minority group in
the voting process, for the purposes of determining whether a
stay of a court's order or an interlocutory appeal under
section 1253 of title 28, United States Code, is
warranted.''.

SEC. 9010. BILINGUAL ELECTION REQUIREMENTS.

Section 203(b)(1) of the Voting Rights Act of 1965 (52
U.S.C. 10503(b)(1)) is amended by striking ``2032'' and
inserting ``2037''.

SEC. 9011. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.

(a) In General.--
(1) Relief for violations of voting rights laws.--In this
section, the term ``prohibited act or practice'' means--
(A) any act or practice--
(i) that creates an undue burden on the fundamental right
to vote in violation of the 14th Amendment to the
Constitution of the United States or violates the Equal
Protection Clause of the 14th Amendment to the Constitution
of the United States; or
(ii) that is prohibited by the 15th, 19th, 24th, or 26th
Amendment to the Constitution of the United States, section
2004 of the Revised Statutes (52 U.S.C. 10101), the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National
Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.), the Voting Accessibility for the
Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or
section 2003 of the Revised Statutes (52 U.S.C. 10102); and
(B) any act or practice in violation of any Federal law
that prohibits discrimination with respect to voting,
including the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(2) Rule of construction.--Nothing in this section shall be
construed to diminish the authority or scope of authority of
any person to bring an action under any Federal law.
(3) Attorney's fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a
provision described in section 111(a)(1) of the John R. Lewis
Voting Rights Advancement Act of 2021,'' after ``title VI of
the Civil Rights Act of 1964,''.
(b) Grounds for Equitable Relief.--In any action for
equitable relief pursuant to a law listed under subsection
(a), proximity of the action to an election shall not be a
valid reason to deny such relief, or stay the operation of or
vacate the issuance of such relief, unless the party opposing
the issuance or continued operation of relief meets the
burden of proving by clear and convincing evidence that the
issuance of the relief would be so close in time to the
election as to cause irreparable harm to the public interest
or that compliance with such relief would impose serious
burdens on the party opposing relief.
(1) In general.--In considering whether to grant, deny,
stay, or vacate any order of equitable relief, the court
shall give substantial weight to the public's interest in
expanding access to the right to vote. A State's generalized
interest in enforcing its enacted laws shall not be a
relevant consideration in determining whether equitable
relief is warranted.
(2) Presumptive safe harbor.--Where equitable relief is
sought either within 30 days of the adoption or reasonable
public notice of the challenged policy or practice, or more
than 60 days before the date of an election to which the
relief being sought will apply, proximity to the election
will be presumed not to constitute a harm to the public
interest or a burden on the party opposing relief.
(c) Grounds for Stay or Vacatur in Federal Claims Involving
Voting Rights.--
(1) Prospective effect.--In reviewing an application for a
stay or vacatur of equitable relief

[[Page H150]]

granted pursuant to a law listed in subsection (a), a court
shall give substantial weight to the reliance interests of
citizens who acted pursuant to such order under review. In
fashioning a stay or vacatur, a reviewing court shall not
order relief that has the effect of denying or abridging the
right to vote of any citizen who has acted in reliance on the
order.
(2) Written explanation.--No stay or vacatur under this
subsection shall issue unless the reviewing court makes
specific findings that the public interest, including the
public's interest in expanding access to the ballot, will be
harmed by the continuing operation of the equitable relief or
that compliance with such relief will impose serious burdens
on the party seeking such a stay or vacatur such that those
burdens substantially outweigh the benefits to the public
interest. In reviewing an application for a stay or vacatur
of equitable relief, findings of fact made in issuing the
order under review shall not be set aside unless clearly
erroneous.

SEC. 9012. PROTECTION OF TABULATED VOTES.

The Voting Rights Act of 1965 (52 U.S.C. 10307) is
amended--
(1) in section 11--
(A) by amending subsection (a) to read as follows:
``(a) No person acting under color of law shall--
``(1) fail or refuse to permit any person to vote who is
entitled to vote under Federal law or is otherwise qualified
to vote;
``(2) willfully fail or refuse to tabulate, count, and
report such person's vote; or
``(3) willfully fail or refuse to certify the aggregate
tabulations of such persons' votes or certify the election of
the candidates receiving sufficient such votes to be elected
to office.''; and
(B) in subsection (b), by inserting ``subsection (a) or''
after ``duties under''; and
(2) in section 12--
(A) in subsection (b)--
(i) by striking ``a year following an election in a
political subdivision in which an observer has been
assigned'' and inserting ``22 months following an election
for Federal office''; and
(ii) by adding at the end the following: ``Whenever the
Attorney General has reasonable grounds to believe that any
person has engaged in or is about to engage in an act in
violation of this subsection, the Attorney General may
institute (in the name of the United States) a civil action
in Federal district court seeking appropriate relief.'';
(B) in subsection (c), by inserting ``or solicits a
violation of'' after ``conspires to violate''; and
(C) in subsection (e), by striking the first and second
sentences and inserting the following: ``If, after the
closing of the polls in an election for Federal office,
persons allege that notwithstanding (1) their registration by
an appropriate election official and (2) their eligibility to
vote in the political subdivision, their ballots have not
been counted in such election, and if upon prompt receipt of
notifications of these allegations, the Attorney General
finds such allegations to be well founded, the Attorney
General may forthwith file with the district court an
application for an order providing for the counting and
certification of the ballots of such persons and requiring
the inclusion of their votes in the total vote for all
applicable offices before the results of such election shall
be deemed final and any force or effect given thereto.''.

SEC. 9013. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.

Section 12 of the Voting Rights Act of 1965 (52 U.S.C.
10308), as amended by this Act, is further amended by adding
at the end the following:
``(g) Voting Rights Enforcement by Attorney General.--
``(1) In general.--In order to fulfill the Attorney
General's responsibility to enforce this Act and other
Federal laws that protect the right to vote, the Attorney
General (or upon designation by the Attorney General, the
Assistant Attorney General for Civil Rights) is authorized,
before commencing a civil action, to issue a demand for
inspection and information in writing to any State or
political subdivision, or other governmental representative
or agent, with respect to any relevant documentary material
that the Attorney General has reason to believe is within
their possession, custody, or control. A demand by the
Attorney General under this subsection may require--
``(A) the production of such documentary material for
inspection and copying;
``(B) answers in writing to written questions with respect
to such documentary material; or
``(C) both the production described under subparagraph (A)
and the answers described under subparagraph (B).
``(2) Contents of an attorney general demand.--
``(A) In general.--Any demand issued under paragraph (1),
shall include a sworn certificate to identify the voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting, or other
voting related matter or issue, whose lawfulness the Attorney
General is investigating and to identify the Federal law that
protects the right to vote under which the investigation is
being conducted. The demand shall be reasonably calculated to
lead to the discovery of documentary material and information
relevant to such investigation. Documentary material includes
any material upon which relevant information is recorded, and
includes written or printed materials, photographs, tapes, or
materials upon which information is electronically or
magnetically recorded. Such demands shall be aimed at the
Attorney General having the ability to inspect and obtain
copies of relevant materials (as well as obtain information)
related to voting and are not aimed at the Attorney General
taking possession of original records, particularly those
that are required to be retained by State and local election
officials under Federal or State law.
``(B) No requirement for production.--Any demand issued
under paragraph (1) may not require the production of any
documentary material or the submission of any answers in
writing to written questions if such material or answers
would be protected from disclosure under the standards
applicable to discovery requests under the Federal Rules of
Civil Procedure in an action in which the Attorney General or
the United States is a party.
``(C) Documentary material.--If the demand issued under
paragraph (1) requires the production of documentary
material, it shall--
``(i) identify the class of documentary material to be
produced with such definiteness and certainty as to permit
such material to be fairly identified; and
``(ii) prescribe a return date for production of the
documentary material at least 20 days after issuance of the
demand to give the State or political subdivision, or other
governmental representative or agent, a reasonable period of
time for assembling the documentary material and making it
available for inspection and copying.
``(D) Answers to written questions.--If the demand issued
under paragraph (1) requires answers in writing to written
questions, it shall--
``(i) set forth with specificity the written question to be
answered; and
``(ii) prescribe a date at least 20 days after the issuance
of the demand for submitting answers in writing to the
written questions.
``(E) Service.--A demand issued under paragraph (1) may be
served by a United States marshal or a deputy marshal, or by
certified mail, at any place within the territorial
jurisdiction of any court of the United States.
``(3) Responses to an attorney general demand.--A State or
political subdivision, or other governmental representative
or agent, shall, with respect to any documentary material or
any answer in writing produced under this subsection, provide
a sworn certificate, in such form as the demand issued under
paragraph (1) designates, by a person having knowledge of the
facts and circumstances relating to such production or
written answer, authorized to act on behalf of the State or
political subdivision, or other governmental representative
or agent, upon which the demand was served. The certificate--
``(A) shall state that--
``(i) all of the documentary material required by the
demand and in the possession, custody, or control of the
State or political subdivision, or other governmental
representative or agent, has been produced;
``(ii) with respect to every answer in writing to a written
question, all information required by the question and in the
possession, custody, control, or knowledge of the State or
political subdivision, or other governmental representative
or agent, has been submitted; or
``(iii) the requirements described in both clause (i) and
clause (ii) have been met; or
``(B) provide the basis for any objection to producing the
documentary material or answering the written question.

To the extent that any information is not furnished, the
information shall be identified and reasons set forth with
particularity regarding the reasons why the information was
not furnished.
``(4) Judicial proceedings.--
``(A) Petition for enforcement.--Whenever any State or
political subdivision, or other governmental representative
or agent, fails to comply with demand issued by the Attorney
General under paragraph (1), the Attorney General may file,
in a district court of the United States in which the State
or political subdivision, or other governmental
representative or agent, is located, a petition for a
judicial order enforcing the Attorney General demand issued
under paragraph (1).
``(B) Petition to modify.--
``(i) In general.--Any State or political subdivision, or
other governmental representative or agent, that is served
with a demand issued by the Attorney General under paragraph
(1) may file in the United States District Court for the
District of Columbia a petition for an order of the court to
modify or set aside the demand of the Attorney General.
``(ii) Petition to modify.--Any petition to modify or set
aside a demand of the Attorney General issued under paragraph
(1) must be filed within 20 days after the date of service of
the Attorney General's demand or at any time before the
return date specified in the Attorney General's demand,
whichever date is earlier.
``(iii) Contents of petition.--The petition shall specify
each ground upon which the petitioner relies in seeking
relief under clause (i), and may be based upon any failure of
the Attorney General's demand to comply with the provisions
of this section or upon any constitutional or other legal
right or privilege of the State or political subdivision, or
other governmental representative or agent. During the
pendency of the petition in the court, the court may stay, as
it deems proper, the running of the time allowed for
compliance with the Attorney General's demand, in whole or in
part, except that the State or political subdivision, or
other governmental representative or agent, filing the
petition shall comply with any portions of the Attorney
General's demand not sought to be modified or set aside.''.

SEC. 9014. DEFINITIONS.

Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301)
is amended by adding at the end the following:

``SEC. 21. DEFINITIONS.

``In this Act:
``(1) Indian.--The term `Indian' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).

[[Page H151]]

``(2) Indian lands.--The term `Indian lands' means--
``(A) any Indian country of an Indian tribe, as such term
is defined in section 1151 of title 18, United States Code;
``(B) any land in Alaska that is owned, pursuant to the
Alaska Native Claims Settlement Act, by an Indian tribe that
is a Native village (as such term is defined in section 3 of
such Act), or by a Village Corporation that is associated
with the Indian tribe (as such term is defined in section 3
of such Act);
``(C) any land on which the seat of government of the
Indian tribe is located; and
``(D) any land that is part or all of a tribal designated
statistical area associated with the Indian tribe, or is part
or all of an Alaska Native village statistical area
associated with the tribe, as defined by the Bureau of the
Census for the purposes of the most recent decennial census.
``(3) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually identified
(including parenthetically) in the list published most
recently pursuant to section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(5) Voting-age population.--The term `voting-age
population' means the numerical size of the population within
a State, within a political subdivision, or within a
political subdivision that contains Indian lands, as the case
may be, that consists of persons age 18 or older, as
calculated by the Bureau of the Census under the most recent
decennial census.''.

SEC. 9015. ATTORNEYS' FEES.

Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C.
10310(c)) is amended by adding at the end the following:
``(4) The term `prevailing party' means a party to an
action that receives at least some of the benefit sought by
such action, states a colorable claim, and can establish that
the action was a significant cause of a change to the status
quo.''.

SEC. 9016. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

(a) Actions Covered Under Section 3.--Section 3(c) of the
Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
(1) by striking ``any proceeding instituted by the Attorney
General or an aggrieved person under any statute to enforce''
and inserting ``any action under any statute in which a party
(including the Attorney General) seeks to enforce''; and
(2) by striking ``at the time the proceeding was
commenced'' and inserting ``at the time the action was
commenced''.
(b) Clarification of Treatment of Members of Language
Minority Groups.--Section 4(f) of such Act (52 U.S.C.
10303(f)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by striking paragraphs (3) and (4).
(c) Period During Which Changes in Voting Practices Are
Subject to Preclearance Under Section 5.--Section 5 of such
Act (52 U.S.C. 10304) is amended--
(1) in subsection (a), by striking ``based upon
determinations made under the first sentence of section 4(b)
are in effect'' and inserting ``are in effect during a
calendar year'';
(2) in subsection (a), by striking ``November 1, 1964'' and
all that follows through ``November 1, 1972'' and inserting
``the applicable date of coverage''; and
(3) by adding at the end the following new subsection:
``(e) The term `applicable date of coverage' means, with
respect to a State or political subdivision--
``(1) January 1, 2021, if the most recent determination for
such State or subdivision under section 4(b) was made during
the first calendar year in which determinations are made
following the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 2021; or
``(2) the date on which the most recent determination for
such State or subdivision under section 4(b) was made
following the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 2021, if the most recent
determination for such State or subdivision under section
4(b) was made after the first calendar year in which
determinations are made following the date of enactment of
the John R. Lewis Voting Rights Advancement Act of 2021.''.
(d) Review of Preclearance Submission Under Section 5 Due
to Exigency.--Section 5 of such Act (52 U.S.C. 10304) is
amended, in subsection (a), by inserting ``An exigency,
including a natural disaster, inclement weather, or other
unforeseeable event, requiring such different qualification,
prerequisite, standard, practice, or procedure within 30 days
of a Federal, State, or local election shall constitute good
cause requiring the Attorney General to expedite
consideration of the submission. To the extent feasible,
expedited consideration shall consider the views of
individuals affected by the different qualification,
prerequisite, standard, practice, or procedure.'' after
``will not be made.''.

SEC. 9017. SEVERABILITY.

If any provision of the John R. Lewis Voting Rights
Advancement Act of 2021 or any amendment made by this title,
or the application of such a provision or amendment to any
person or circumstance, is held to be unconstitutional or is
otherwise enjoined or unenforceable, the remainder of this
title and amendments made by this title, and the application
of the provisions and amendments to any other person or
circumstance, and any remaining provision of the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), shall not be
affected by the holding. In addition, if any provision of the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), or any
amendment to the Voting Rights Act of 1965, or the
application of such a provision or amendment to any person or
circumstance, is held to be unconstitutional or is otherwise
enjoined or unenforceable, the application of the provision
and amendment to any other person or circumstance, and any
remaining provisions of the Voting Rights Act of 1965, shall
not be affected by the holding.

SEC. 9018. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER
THE VOTING RIGHTS ACT OF 1965.

(a) In General.--The Attorney General shall make grants
each fiscal year to small jurisdictions who submit
applications under subsection (b) for purposes of assisting
such small jurisdictions with compliance with the
requirements of the Voting Rights Act of 1965 to submit or
publish notice of any change to a qualification,
prerequisite, standard, practice or procedure affecting
voting.
(b) Application.--To be eligible for a grant under this
section, a small jurisdiction shall submit an application to
the Attorney General in such form and containing such
information as the Attorney General may require regarding the
compliance of such small jurisdiction with the provisions of
the Voting Rights Act of 1965.
(c) Small Jurisdiction Defined.--For purposes of this
section, the term ``small jurisdiction'' means any political
subdivision of a State with a population of 10,000 or less.

Subtitle B--Election Worker and Polling Place Protection

SEC. 9101. SHORT TITLE.

This title may be cited as the ``Election Worker and
Polling Place Protection Act''.

SEC. 9102. ELECTION WORKER AND POLLING PLACE PROTECTION.

Section 11 of the Voting Rights Act of 1965 (52 U.S.C.
10307) is amended by adding at the end the following:
``(f)(1) Whoever, whether or not acting under color of law,
by force or threat of force, or violence, or threat of harm
to any person or property, willfully intimidates or
interferes with, or attempts to intimidate or interfere with,
the ability of any person or any class of persons to vote or
qualify to vote, or to qualify or act as a poll watcher, or
any legally authorized election official, in any primary,
special, or general election, or any person who is, or is
employed by, an agent, contractor, or vendor of a legally
authorized election official assisting in the administration
of any primary, special, or general election, shall be fined
not more than $5,000, or imprisoned not more than one year,
or both; and if bodily injury results from the acts committed
in violation of this paragraph or if such acts include the
use, attempted use, or threatened use of a dangerous weapon,
explosives, or fire, shall be fined not more than $5,000 or
imprisoned not more than 5 years, or both.
``(2) Whoever, whether or not acting under color of law,
willfully physically damages or threatens to physically
damage any physical property being used as a polling place or
tabulation center or other election infrastructure, with the
intent to interfere with the administration of an election or
the tabulation or certification of votes, shall be fined not
more than $5,000, or imprisoned not more than one year, or
both; and if bodily injury results from the acts committed in
violation of this paragraph or if such acts include the use,
attempted use, or threatened use of a dangerous weapon,
explosives, or fire, shall be fined not more than $5,000 or
imprisoned not more than 5 years, or both.
``(3) For purposes of this subsection, de minimus damage or
threats of de minimus damage to physical property shall not
be considered a violation of this subsection.
``(4) For purposes of this subsection, the term `election
infrastructure' means any office of an election official,
staff, worker, or volunteer or any physical, mechanical, or
electrical device, structure, or tangible item used in the
process of creating, distributing, voting, returning,
counting, tabulating, auditing, storing, or other handling of
voter registration or ballot information.
``(g) No prosecution of any offense described in this
subsection may be undertaken by the United States, except
under the certification in writing of the Attorney General,
or a designee, that--
``(1) the State does not have jurisdiction;
``(2) the State has requested that the Federal Government
assume jurisdiction; or
``(3) a prosecution by the United States is in the public
interest and necessary to secure substantial justice.''.

Subtitle C--Native American Voting Rights Act

SEC. 9201. SHORT TITLE.

This title may be cited as the ``Frank Harrison, Elizabeth
Peratrovich, and Miguel Trujillo Native American Voting
Rights Act of 2021''.

SEC. 9202. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:
(1) The Constitution explicitly and implicitly grants
Congress broad general powers to legislate on issues relating
to Indian Tribes, powers consistently described as plenary
and exclusive. These powers arise from the grant of authority
in the Indian Commerce Clause and through legislative matters
arising under the Treaty Clause.
(2) The Federal Government is responsible for upholding the
obligations to which the Federal Government has agreed
through treaties, legislation, and executive orders, referred
to as the Federal trust responsibility toward Indian Tribes
and their members.

[[Page H152]]

(3) The Supreme Court has repeatedly relied on the nature
of this ``government to government'' relationship between the
United States and sovereign Indian Tribes for congressional
authority to enact ``legislation that singles out Indians for
particular and special treatment''. Morton v. Mancari, 417
U.S. 535, 554-555 (1974).
(4) Legislation removing barriers to Native American voting
is vital for the fulfillment of Congress' ``unique
obligation'' toward Indians, particularly ensuring that
Native American voters are fully included as ``qualified
members of the modern body politic''. Board of County Comm'rs
v. Seber, 318 U.S. 705, 715 (1943).
(5) Under the Elections Clause of article I, section 4 of
the Constitution, Congress has additional power to regulate
any election conducted to select Members of Congress. Taken
together, the Indian Commerce Clause and the Election Clause
give Congress broad authority to enact legislation to
safeguard the voting rights of Native American voters.
(6) Despite Congress' decision to grant Native Americans
Federal citizenship, and with it the protections of the
Fifteenth Amendment, with passage of the Act of June 2, 1924
(Chapter 233; 43 Stat. 253) (commonly known as the ``Indian
Citizenship Act of 1924''), States continued to deploy
distinct methods for disenfranchising Indians by enacting
statutes to exclude from voter rolls Indians living on Indian
lands, requiring that Indians first terminate their
relationship with their Indian Tribe, restricting the right
to vote on account of a Tribal member's ``guardianship''
status, and imposing literacy tests.
(7) Barriers to voter access for Native Americans persist
today, and such barriers range from obstructing voter access
to vote dilution and intentional malapportionment of
electoral districts.
(8) The Native American Voting Rights Coalition's nine
field hearings in Indian Country and four-State survey of
voter discrimination revealed a number of additional
obstacles that Native Americans must overcome in some States,
including--
(A) a lack of accessible registration and polling sites,
either due to conditions such as geography, lack of paved
roads, the absence of reliable and affordable broadband
connectivity, and restrictions on the time, place, and manner
that eligible people can register and vote, including unequal
opportunities for absentee, early, mail-in, and in-person
voting;
(B) nontraditional or nonexistent addresses for residents
on Indian reservations, lack of residential mail delivery and
pick up, reliance on distant post offices with abbreviated
operating hours for mail services, insufficient housing
units, overcrowded homes, and high incidence of housing
insecurity and homelessness, lack of access to vehicles, and
disproportionate poverty which make voter registration,
acquisition and dropping off of mail-in ballots, receipt of
voting information and materials, and securing required
identification difficult, if not impossible;
(C) inadequate language assistance for Tribal members,
including lack of outreach and publicity, the failure to
provide complete, accurate, and uniform translations of all
voting materials in the relevant Native language, and an
insufficient number of trained bilingual poll workers; and
(D) voter identification laws that discriminate against
Native Americans.
(9) The Department of Justice and courts also recognized
that some jurisdictions have been unresponsive to reasonable
requests from federally recognized Indian Tribes for more
accessible voter registration sites and in-person voting
locations.
(10) According to the National Congress of American
Indians, there is a wide gap between the voter registration
and turnout rates of eligible American Indians and Alaska
Natives and the voter registration and turnout rates of non-
Hispanic White and other racial and ethnic groups.
(11) Despite these obstacles, the Native American vote
continues to play a significant role in Federal, State, and
local elections.
(12) In Alaska, New Mexico, Oklahoma, and South Dakota,
Native Americans, American Indians, and Alaska Natives
comprise approximately 10 percent or more of the voting
population.
(13) The Native American vote also holds great potential,
with over 1,000,000 voters who are eligible to vote, but are
not registered to vote.
(b) Purposes.--The purposes of this title are--
(1) to fulfill the Federal Government's trust
responsibility to protect and promote Native Americans'
exercise of their constitutionally guaranteed right to vote,
including the right to register to vote and the ability to
access all mechanisms for voting;
(2) to establish Tribal administrative review procedures
for a specific subset of State actions that have been used to
restrict access to the polls on Indian lands;
(3) to expand voter registration under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) to cover
Federal facilities;
(4) to afford equal treatment to forms of identification
unique to Indian Tribes and their members;
(5) to ensure American Indians and Alaska Natives
experiencing homelessness, housing insecurity, or lacking
residential mail pickup and delivery can pool resources to
pick up and return ballots;
(6) to clarify the obligations of States and political
subdivisions regarding the provision of translated voting
materials for American Indians and Alaska Natives under
section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503);
(7) to provide Tribal leaders with a direct pathway to
request Federal election observers and to allow public access
to the reports of those election observers;
(8) to study the prevalence of nontraditional or
nonexistent mailing addresses in Native communities and
identify solutions to voter access that arise from the lack
of an address; and
(9) to direct the Department of Justice to consult on an
annual basis with Indian Tribes on issues related to voting.

SEC. 9203. DEFINITIONS.

In this title:
(1) Attorney general.--The term ``Attorney General'' means
the United States Attorney General.
(2) Indian; indian lands; indian tribe.--The terms
``Indian'', ``Indian lands'', and ``Indian Tribe'' have the
meanings given those terms in section 21 of the Voting Rights
Act of 1965 (as added by section 9014 of this Act).
(3) Polling place.--The term ``polling place'' means any
location where a ballot is cast in elections for Federal
office, and includes a voter center, poll, polling location,
or polling place, depending on the State nomenclature.

SEC. 9204. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK
FORCE GRANT PROGRAM.

(a) In General.--The United States Election Assistance
Commission (referred to in this section as the
``Commission'') shall establish and administer, in
coordination with the Department of the Interior, a Native
American voting task force grant program, through which the
Commission shall provide financial assistance to eligible
applicants to enable those eligible applicants to establish
and operate a Native American Voting Task Force in each State
with a federally recognized Indian Tribe.
(b) Purposes.--The purposes of the Native American voting
task force grant program are to--
(1) increase voter outreach, education, registration, and
turnout in Native American communities;
(2) increase access to the ballot for Native American
communities, including additional satellite, early voting,
and absentee voting locations;
(3) streamline and reduce inconsistencies in the voting
process for Native Americans;
(4) provide, in the community's dominant language,
educational materials and classes on Indian lands about
candidacy filing;
(5) train and educate State and local employees, including
poll workers, about--
(A) the language assistance and voter assistance
requirements under sections 203 and 208 of the Voting Rights
Act of 1965 (52 U.S.C. 10503; 10508);
(B) voter identification laws as affected by section 9008
of this title; and
(C) the requirements of Tribes, States, and precincts
established under this title;
(6) identify model programs and best practices for
providing language assistance to Native American communities;
(7) provide nonpartisan poll watchers on election day in
Native American communities;
(8) participate in and evaluate future redistricting
efforts;
(9) address issues of internet connectivity as it relates
to voter registration and ballot access in Native American
communities;
(10) work with Indian Tribes, States, and the Federal
Government to establish mailing addresses that comply with
applicable State and Federal requirements for receipt of
voting information and materials; and
(11) facilitate collaboration between local election
officials, Native American communities, and Tribal elections
offices.
(c) Eligible Applicant.--The term ``eligible applicant''
means--
(1) an Indian Tribe;
(2) a Secretary of State of a State, or another official of
a State entity responsible for overseeing elections;
(3) a nonprofit organization that works, in whole or in
part, on voting issues; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(d) Application and Selection Process.--
(1) In general.--The Commission, in coordination with the
Department of the Interior and following consultation with
Indian Tribes about the implementation of the Native American
voting task force grant program, shall establish guidelines
for the process by which eligible applicants will submit
applications.
(2) Applications.--Each eligible applicant desiring a grant
under this section shall submit an application, according to
the process established under paragraph (1), and at such
time, in such manner, and containing such information as the
Commission may require. Such application shall include--
(A) a certification that the applicant is an eligible
applicant;
(B) a proposed work plan addressing how the eligible
applicant will establish and administer a Native American
Voting Task Force that achieves the purposes described in
subsection (b);
(C) if the eligible applicant is a consortium as described
in subsection (c)(4), a description of the proposed division
of responsibilities between the participating entities;
(D) an explanation of the time period that the proposed
Native American Voting Task Force will cover, which shall be
a time period that is not more than 3 years; and
(E) the goals that the eligible applicant desires to
achieve with the grant funds.
(e) Uses of Funds.--A grantee receiving funds under this
section shall use such funds to carry out one or more of the
activities described in subsection (b), through the grantee's
Native American Voting Task Force.
(f) Reports.--
(1) Report to the commission.--
(A) In general.--Not later than 1 year after the date on
which an eligible applicant receives grant funds under this
section, and annually

[[Page H153]]

thereafter for the duration of the grant, each eligible
applicant shall prepare and submit a written report to the
Commission describing the eligible applicant's progress in
achieving the goals outlined in the application under
subsection (d)(2).
(B) Response.--Not later than 30 days after the date on
which the Commission receives the report described in
paragraph (1), the Commission will provide feedback,
comments, and input to the eligible applicant in response to
such report.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this title, and annually thereafter, the
Commission shall prepare and submit a report to the Committee
on Indian Affairs of the Senate and Committee on Natural
Resources of the House of Representatives containing the
results of the reports described under paragraph (1).
(g) Relationship With Other Laws.--Nothing in this section
reduces State or local obligations provided for by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National
Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the
Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or
any other Federal law or regulation related to voting or the
electoral process.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2022 through 2037.

SEC. 9205. VOTER REGISTRATION SITES AT INDIAN SERVICE
PROVIDERS AND ON INDIAN LANDS.

Section 7(a) of the National Voter Registration Act of 1993
(52 U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(C) any Federal facility or federally funded facility
that is primarily engaged in providing services to an Indian
Tribe; and
``(D) not less than one Federal facility or federally
funded facility that is located within the Indian lands of an
Indian Tribe, as applicable, (which may be the Federal
facility or federally funded facility described in
subparagraph (C)).''; and
(2) by adding at the end the following:
``(8) Where practicable, each Federal agency that operates
a Federal facility or a federally funded facility that is a
designated voter registration agency in accordance with
subparagraph (C) or (D) of paragraph (2) shall designate one
or more special days per year at a centralized location
within the boundaries of the Indian lands of each applicable
Indian Tribe for the purpose of informing members of the
Indian Tribe of the timing, registration requirements, and
voting procedures in elections for Federal office, at no cost
to the Indian Tribe.''.

SEC. 9206. ACCESSIBLE TRIBAL DESIGNATED POLLING SITES.

(a) In General.--
(1) Designation of state officer.--Each of the several
States whose territory contains all or part of an Indian
Tribe's Indian lands shall designate an officer within that
State who will be responsible for compliance with the
provisions of this section and who shall periodically consult
with the Indian Tribes located wholly or partially within
that State regarding compliance with the provisions of this
section and coordination between the State and the Indian
Tribe. The State shall provide written notice to each such
Indian Tribe of the officer so designated.
(2) Provision of polling places.--For each Indian Tribe
that satisfies the obligations of subsection (c), and for
each election for a Federal official or State official that
is held 180 days or later after the date on which the Indian
Tribe initially satisfies such obligations, any State or
political subdivision whose territory contains all or part of
an Indian Tribe's Indian lands--
(A) shall provide a minimum of one polling place in each
precinct in which there are eligible voters who reside on
Indian lands, in a location selected by the Indian Tribe and
at no cost to the Indian Tribe, regardless of the population
or number of registered voters residing on Indian lands;
(B) shall not reduce the number of polling locations on
Indian lands based on population numbers;
(C) shall provide, at no cost to the Indian Tribe,
additional polling places in locations on Indian lands
selected by an Indian Tribe and requested under subsection
(c) if, based on the totality of circumstances described in
subsection (b), it is shown that not providing those
additional polling places would result in members of the
Indian Tribe and living on Indian lands or other individuals
residing on the Indian Tribe's Indian lands having less
opportunity to vote than eligible voters in that State or
political subdivision who are not members of an Indian Tribe
or do not reside on Indian lands;
(D) shall, at each polling place located on Indian lands
and at no cost to the Indian Tribe, make voting machines,
tabulation machines, official receptacles designated for the
return of completed absentee ballots, ballots, provisional
ballots, and other voting materials available to the same or
greater extent that such equipment and materials are made
available at other polling places in the State or political
subdivision that are not located on Indian lands;
(E) shall, at each polling place located on Indian lands,
conduct the election using the same voting procedures that
are used at other polling places in the State or political
subdivision that are not located on Indian lands, or other
voting procedures that provide greater access for voters;
(F) shall, at each polling place located on Indian lands
and at no cost to the Indian Tribe, make voter registration
available during the period the polling place is open to the
maximum extent allowable under State law;
(G) shall, at each polling place located on Indian lands,
provide training, compensation, and other benefits to
election officials and poll workers at no cost to the Indian
Tribe and, at a minimum, to the same or greater extent that
such training, compensation, and benefits are provided to
election officials and poll workers at other polling places
in the State or political subdivision that are not located on
Indian lands;
(H) shall, in all cases, provide the Indian Tribe an
opportunity to designate election officials and poll workers
to staff polling places within the Indian lands of the
applicable Indian Tribe on every day that the polling places
will be open;
(I) shall allow for any eligible voting member of the
Indian Tribe or any eligible voting individual residing on
Indian lands to vote early or in person at any polling place
on Indian lands, regardless of that member or individual's
residence or residential address, and shall not reject the
ballot of any such member or individual on the grounds that
the ballot was cast at the wrong polling place; and
(J) may fulfill the State's obligations under subparagraphs
(A) and (C) by relocating existing polling places, by
creating new polling places, or both.
(b) Equitable Opportunities To Vote.--
(1) In general.--When assessing the opportunities to vote
provided to members of an Indian Tribe and to other eligible
voters in the State residing on Indian lands in order to
determine the number of additional polling places (if any)
that a State or political subdivision must provide in
accordance with subsection (a)(2)(C), the State, political
subdivision, or any court applying this section, shall
consider the totality of circumstances of--
(A) the number of voting-age citizens assigned to each
polling place;
(B) the distances that voters must travel to reach the
polling places;
(C) the time that voters must spend traveling to reach the
polling places, including under inclement weather conditions;
(D) the modes of transportation, if any, that are regularly
and broadly available to voters to use to reach the polling
places;
(E) the existence of and access to frequent and reliable
public transportation to the polling places;
(F) the length of lines and time voters waited to cast a
ballot in previous elections; and
(G) any other factor relevant to effectuating the aim of
achieving equal voting opportunity for individuals living on
Indian lands.
(2) Absence of factors.--When assessing the opportunities
to vote in accordance with paragraph (1), the State,
political subdivision, or court shall ensure that each factor
described in paragraph (1) is considered regardless of
whether any one factor would lead to a determination not to
provide additional polling places under subsection (a)(2)(C).
(c) Form; Provision of Form; Obligations of the Indian
Tribe.--
(1) Form.--The Attorney General shall establish the form
described in this subsection through which an Indian Tribe
can fulfill its obligations under this subsection.
(2) Provision of form.--Each State or political subdivision
whose territory contains all or part of an Indian Tribe's
Indian lands--
(A) shall provide the form established under paragraph (1)
to each applicable Indian Tribe not less than 30 days prior
to the deadline set by the State or political subdivision for
completion of the obligations under this subsection (which
deadline shall be not less than 30 days prior to a Federal
election) whereby an Indian Tribe can fulfill its obligations
under this subsection by providing the information described
in paragraph (3) on that form and submitting the form back to
the applicable State or political subdivision by such
deadline;
(B) shall not edit the form established under paragraph (1)
or apply any additional obligations on the Indian Tribe with
respect to this section; and
(C) shall cooperate in good faith with the efforts of the
Indian Tribe to satisfy the requirements of this subsection.
(3) Obligations of the indian tribe.--The requirements for
a State and political subdivision under subsection (a)(2)
shall apply with respect to an Indian Tribe once an Indian
Tribe meets the following obligations by completing the form
specified in paragraph (1):
(A) The Indian Tribe specifies the number and locations of
requested polling places, early voting locations, and ballot
drop boxes to be provided on the Indian lands of that Indian
Tribe.
(B) The Indian Tribe certifies that curbside voting will be
available for any facilities that lack accessible entrances
and exits in accordance with Federal and State law.
(C) The Indian Tribe certifies that the Indian Tribe will
ensure that each such requested polling place will be open
and available to all eligible voters who reside in the
precinct or other geographic area assigned to such polling
place, regardless of whether such eligible voters are members
of the Indian Tribe or of any other Indian Tribe.
(D) The Indian Tribe requests that the State or political
subdivision shall designate election officials and poll
workers to staff such requested polling places, or certifies
that the Indian Tribe will designate election officials and
poll workers to staff such polling places on every day that
the polling places will be open.
(E) The Indian Tribe may request that the State or
political subdivision provide absentee ballots without
requiring an excuse, an absentee ballot request, or
residential address to all eligible voters who reside in the
precinct or other geographic area assigned to such polling
place, regardless of whether such eligible voters are

[[Page H154]]

members of the Indian Tribe or of any other Indian Tribe.
(4) Established polling places.--Once a polling place is
established under subsection (a)(2)(A) or subsection
(a)(2)(C) the Tribe need not fill out the form designated
under paragraph (1) again unless or until that Indian Tribe
requests modifications to the requests specified in the most
recent form under paragraph (1).
(5) Opt out.--At any time that is 60 days or more before
the date of an election, an Indian Tribe that previously has
satisfied the obligations of paragraph (3) may notify the
State or political subdivision that the Indian Tribe intends
to opt out of the standing obligation for one or more polling
places that were established in accordance with subsection
(a)(2)(A) or subsection (a)(2)(C) for a particular election
or for all future elections. A Tribe may opt back in at any
time.
(d) Federal Polling Sites.--Each State shall designate as
voter polling facilities any of the facilities identified in
accordance with subparagraph (C) or (D) of section 7(a)(2) of
the National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(2)), at no cost to the Indian Tribe, provided that
the facility meets the requirements of Federal and State law
as applied to other polling places within the State or
political subdivision. The applicable agency of the Federal
Government shall ensure that such designated facilities are
made available as polling places.
(e) Mail-In Balloting.--In States or political subdivisions
that permit absentee or mail-in balloting, the following
shall apply with respect to an election for Federal office:
(1) An Indian Tribe may designate at least one building per
precinct as a ballot pickup and collection location (referred
to in this section as a ``tribally designated buildings'') at
no cost to the Indian Tribe. The applicable State or
political subdivision shall collect and timely deposit all
ballots from each tribally designated building.
(2) At the applicable Tribe's request, the State or
political subdivision shall provide mail-in and absentee
ballots to each registered voter residing on Indian lands in
the State or political subdivision without requiring a
residential address, a mail-in or absentee ballot request, or
an excuse for a mail-in or absentee ballot.
(3) The address of a tribally designated building may serve
as the residential address and mailing address for voters
living on Indian lands if the tribally designated building is
in the same precinct as that voter.
(4) If there is no tribally designated building within the
precinct of a voter residing on Indian lands (including if
the tribally designated building is on Indian lands but not
in the same precinct as the voter), the voter may--
(A) use another tribally designated building within the
Indian lands where the voter is located; or
(B) use such tribally designated building as a mailing
address and may separately designate the voter's appropriate
precinct through a description of the voter's address, as
specified in section 9428.4(a)(2) of title 11, Code of
Federal Regulations.
(5) In the case of a State or political subdivision that is
a covered State or political subdivision under section 203 of
the Voting Rights Act of 1965 (52 U.S.C. 10503), that State
or political subdivision shall provide absentee or mail-in
voting materials with respect to an election for Federal
office in the language of the applicable minority group as
well as in the English language, bilingual election voting
assistance, and written translations of all voting materials
in the language of the applicable minority group, as required
by section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503), as amended by this title.
(6) A State or political division shall make reasonable
efforts to contact a voter who resides within Indian lands
located within its jurisdiction and offer such voter a
reasonable opportunity to cure any defect in an absentee
ballot issued to and completed and returned by the voter, or
appearing on or pertaining to the materials provided for the
purpose of returning the absentee ballot, if State law would
otherwise require the absentee ballot to be rejected due to
such defect and the defect does not compromise ballot secrecy
or involve a lack of witness or assistant signature, where
such signature is mandated by State law.
(7) In a State or political subdivision that does not
permit absentee or mail-in balloting for all eligible voters
in the State or political subdivision, that State or
political subdivision shall nonetheless provide for absentee
or mail-in balloting for voters who reside on Indian lands
consistent with this section if the State, political
subdivision, or any court applying this section determines
that the totality of circumstances described in subsection
(b) warrants establishment of absentee or mail-in balloting
for voters who reside on Indian lands located within the
jurisdiction of the State or political subdivision.
(f) Ballot Drop Boxes.--Each State shall--
(1) provide not less than one ballot drop box for each
precinct on Indian lands, at no cost to the Indian Tribe, at
either the tribally designated building under subsection
(e)(2) or an alternative site selected by the applicable
Indian Tribe; and
(2) provide additional drop boxes at either the tribally
designated building under subsection (e)(2) or an alternative
site selected by the applicable Indian Tribe if the State or
political subdivision determines that additional ballot drop
boxes should be provided based on the criteria considered
under the totality of circumstances enumerated under
subsection (b).
(g) Early Voting.--
(1) Early voting locations.--In a State or political
subdivision that permits early voting in an election for
Federal office, that State or political subdivision shall
provide not less than one early voting location for each
precinct on Indian lands, at no cost to the Indian Tribe, at
a site selected by the applicable Indian Tribe, to allow
individuals living on Indian lands to vote during an early
voting period in the same manner as early voting is allowed
on such date in the rest of the State or precinct. Additional
early voting sites shall be determined based on the criteria
considered under the totality of circumstances described in
subsection (b).
(2) Length of period.--In a State or political subdivision
that permits early voting in an election for Federal office,
that State or political subdivision shall provide an early
voting period with respect to that election that shall
consist of a period of consecutive days (including weekends)
which begins on the 15th day before the date of the election
(or, at the option of the State or political subdivision, on
a day prior to the 15th day before the date of the election)
and ends on the date of the election for all early voting
locations on Indian lands.
(3) Minimum early voting requirements.--Each polling place
that allows voting during an early voting period under this
subsection shall--
(A) allow such voting for no less than 10 hours on each
day;
(B) have uniform hours each day for which such voting
occurs; and
(C) allow such voting to be held for some period of time
prior to 9:00 a.m. (local time) and some period of time after
5:00 p.m. (local time).
(4) Ballot processing and scanning requirements.--
(A) In general.--To the greatest extent practicable,
ballots cast during the early voting period in an election
for Federal office at voting locations and drop boxes on
Indian lands shall be processed and scanned for tabulation in
advance of the close of polls on the date of the election.
(B) Limitation.--Nothing in this subsection shall be
construed to permit a State or political subdivision to
tabulate and count ballots in an election for Federal office
before the closing of the polls on the date of the election.
(h) Provisional Ballots.--
(1) In general.--In addition to the requirements under
section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), for each State or political subdivision
that provides voters provisional ballots, challenge ballots,
or affidavit ballots under the State's applicable law
governing the voting processes for those voters whose
eligibility to vote is determined to be uncertain by election
officials, election officials shall--
(A) provide clear written instructions indicating the
reason the voter was given a provisional ballot, the
information or documents the voter needs to prove
eligibility, the location at which the voter must appear to
submit these materials or alternative methods, including
email or facsimile, that the voter may use to submit these
materials, and the deadline for submitting these materials;
(B) permit any voter who votes provisionally at any polling
place on Indian lands to appear at any polling place or at
the central location for the election board to submit the
documentation or information to prove eligibility;
(C) permit any voter who votes provisionally at any polling
place to submit the required information or documentation via
email or facsimile, if the voter prefers to use such methods
as an alternative to appearing in person to submit the
required information or documentation to prove eligibility;
(D) notify the voter on whether the voter's provisional
ballot was counted or rejected by telephone, email, or postal
mail, or any other available method, including notifying the
voter of any online tracking website if State law provides
for such a mechanism; and
(E) provide the reason for rejection if the voter's
provisional ballot was rejected after the voter provided the
required information or documentation on eligibility.
(2) Duties of election officials.--A State or political
subdivision described in paragraph (1) shall ensure in each
case in which a provisional ballot is cast, that election
officials--
(A) request and collect the voter's email address, if the
voter has one, and transmit any written instructions issued
to the voter in person to the voter via email; and
(B) provide a verbal translation of any written
instructions to the voter.
(i) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this section.
(2) Private right of action.--
(A) A person or Indian Tribe who is aggrieved by a
violation of this section may provide written notice of the
violation to the chief election official of the State
involved.
(B) An aggrieved person or Indian Tribe may bring a civil
action in an appropriate district court for declaratory or
injunctive relief with respect to a violation of this
section, if--
(i) that person or Indian Tribe provides the notice
described in subparagraph (A); and
(ii)(I) in the case of a violation that occurs more than
120 days before the date of an election for Federal office,
the violation remains and 90 days or more have passed since
the date on which the chief election official of the State
receives the notice under subparagraph (A); or
(II) in the case of a violation that occurs 120 days or
less but more than 30 days before the date of an election for
Federal office, the violation remains and 20 days or more
have passed since the date on which the chief election
official of the State receives the notice under subparagraph
(A).
(C) In the case of a violation of this section that occurs
30 days or less before the date of an election for Federal
office, an aggrieved person or Indian Tribe may bring a civil
action in an

[[Page H155]]

appropriate district court for declaratory or injunctive
relief with respect to the violation without providing notice
to the chief election official of the State under
subparagraph (A).
(3) Rule of construction.--Nothing in this section shall be
construed to prevent a State or political subdivision from
providing additional polling places or early voting locations
on Indian lands.

SEC. 9207. PROCEDURES FOR REMOVAL OF POLLING PLACES AND VOTER
REGISTRATION SITES ON INDIAN LANDS.

(a) Actions Requiring Tribal Administrative Review.--No
State or political subdivision may carry out any of the
following activities in an election for Federal office unless
the requirements of subsection (b) have been met:
(1) Eliminating polling places or voter registration sites
on the Indian lands of an Indian Tribe.
(2) Moving or consolidating a polling place or voter
registration site on the Indian lands of an Indian Tribe to a
location 1 mile or further from the existing location of the
polling place or voter registration site.
(3) Moving or consolidating a polling place on the Indian
lands of an Indian Tribe to a location across a river, lake,
mountain, or other natural boundary such that it increases
travel time for a voter, regardless of distance.
(4) Eliminating in-person voting on the Indian lands of an
Indian Tribe by designating an Indian reservation as a
permanent absentee voting location, unless the Indian Tribe
requests such a designation and has not later requested that
the designation as a permanent absentee voting location be
reversed.
(5) Removing an early voting location or otherwise
diminishing early voting opportunities on Indian lands.
(6) Removing a ballot drop box or otherwise diminishing
ballot drop boxes on Indian lands.
(7) Decreasing the number of days or hours that an in-
person or early voting polling place is open on Indian lands
only or changing the dates of in-person or early voting only
on the Indian lands of an Indian Tribe.
(b) Tribal Administrative Review.--
(1) In general.--The requirements of this subsection have
been met if--
(A) the impacted Indian Tribe submits to the Attorney
General the Indian Tribe's written consent to the proposed
activity described in subsection (a);
(B) the State or political subdivision, after consultation
with the impacted Indian Tribe and after attempting to have
the impacted Indian Tribe give consent as described in
subparagraph (A), institutes an action in the United States
District Court for the District of Columbia for a declaratory
judgment, and a declaratory judgment is issued based upon
affirmative evidence provided by the State or political
subdivision, that conclusively establishes that the specified
activity described in subsection (a) proposed by the State or
political subdivision neither has the purpose nor will have
the effect of denying or abridging the right to vote on
account of race or color, membership in an Indian Tribe, or
membership in a language minority group; or
(C) the chief legal officer or other appropriate official
of such State or political subdivision, after consultation
with the impacted Indian Tribe and after attempting to have
the impacted Indian Tribe give consent as described in
subparagraph (A), submits a request to carry out the
specified activity described in subsection (a) to the
Attorney General and the Attorney General affirmatively
approves the specified activity.
(2) No limitation on future actions.--
(A) No bar to subsequent action.--Neither an affirmative
indication by the Attorney General that no objection will be
made, nor the Attorney General's failure to object, nor a
declaratory judgment entered under this section, nor a
written consent issued under paragraph (1)(A) shall bar a
subsequent action to enjoin enforcement of an activity
described in subsection (a).
(B) Reexamination.--The Attorney General reserves the right
to reexamine any submission under paragraph (1)(C) if
additional relevant information comes to the Attorney
General's attention.
(C) District court.--Any action under this section shall be
heard and determined by a district court of 3 judges in
accordance with the provisions of section 2284 of title 28,
United States Code, and any appeal shall lie to the Supreme
Court.

SEC. 9208. TRIBAL VOTER IDENTIFICATION.

(a) Tribal Identification.--If a State or political
subdivision requires an individual to present identification
for the purposes of voting or registering to vote in an
election for Federal office, an identification card issued by
a federally recognized Indian Tribe, the Bureau of Indian
Affairs, the Indian Health Service, or any other Tribal or
Federal agency issuing identification cards to eligible
Indian voters shall be treated as a valid form of
identification for such purposes.
(b) Online Registration.--If a State or political
subdivision requires an identification card for an individual
to register to vote online or to vote online, that State or
political subdivision shall annually consult with an Indian
Tribe to determine whether a tribal identification can
feasibly be used to register to vote online or vote online.
(c) Limitation on Requiring Multiple Forms of
Identification.--If a State or political subdivision requires
an individual to present more than one form of identification
for the purposes of voting or registering to vote in an
election for Federal office, or for registering to vote
online or to vote online, that State or political subdivision
shall not require any member of an Indian Tribe to provide
more than one form of identification if the member provides
orally or in writing that the member does not possess more
than one form of identification.

SEC. 9209. PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO
RETURN BALLOT.

Each State or political subdivision--
(1) shall permit any family member (including extended
family member, such as a cousin, grandchild, or relation
through marriage), caregiver, tribal assistance provider, or
household member to return a sealed ballot of a voter that
resides on Indian lands to a post office on Indian lands, a
ballot drop box location in a State or political subdivision
that provides ballot drop boxes, a tribally designated
building under section 9206(e)(2), or an election office, so
long as the person designated to return the ballot or ballots
on behalf of another voter does not receive any form of
compensation based on the number of ballots that the person
has returned and no individual, group, or organization
provides compensation on this basis;
(2) may not put any limit on how many voted and sealed
absentee ballots any designated person can return to the post
office, ballot drop box location, tribally designated
building, or election office under paragraph (1); and
(3) shall permit, at a minimum, any family member
(including extended family member, such as a cousin,
grandchild, or relation through marriage), caregiver, tribal
assistance provider, or household member, including the
voter, to return voter registration applications, absentee
ballot applications, or absentee ballots to ballot drop box
locations in a State or political subdivision that provides
ballot drop boxes for these purposes.

SEC. 9210. BILINGUAL ELECTION REQUIREMENTS.

Section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503) is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``most recent''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a
Minority Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b),
provides any registration or voting notices, forms,
instructions, assistance, or other materials or information
relating to the electoral process, including ballots, it
shall provide them in the language of the applicable minority
group as well as in the English language.
``(2) Exceptions.--
``(A) In the case of a minority group that is not American
Indian or Alaska Native and the language of that minority
group is oral or unwritten, the State or political
subdivision shall only be required to furnish, in the covered
language, oral instructions, assistance, translation of
voting materials, or other information relating to
registration and voting.
``(B) In the case of a minority group that is American
Indian or Alaska Native, the State or political subdivision
shall only be required to furnish in the covered language
oral instructions, assistance, or other information relating
to registration and voting, including all voting materials,
if the Indian Tribe of that minority group has certified that
the language of the applicable American Indian or Alaska
Native language is presently unwritten or the Indian Tribe
does not want written translations in the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political
division may be required to provide written translations of
voting materials, with the consent of any applicable Indian
Tribe, to election workers to ensure that the translations
from English to the language of a minority group are
complete, accurate, and uniform.''.

SEC. 9211. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.

(a) Amendment to the Voting Rights Act of 1965.--Section
8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is
amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2)(B), by adding ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) the Attorney General has received a written complaint
from an Indian Tribe that efforts to deny or abridge the
right to vote under the color of law on account of race or
color, membership in an Indian Tribe, or in contravention of
the guarantees set forth in section 4(f)(2), are likely to
occur;''.
(b) Publicly Available Reports.--The Attorney General shall
make publicly available the reports of a Federal election
observer appointed pursuant to section (8)(a)(3) of the
Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added
by subsection (a), not later than 6 months after the date
that such reports are submitted to the Attorney General,
except that any personally identifiable information relating
to a voter or the substance of the voter's ballot shall not
be made public.

SEC. 9212. TRIBAL JURISDICTION.

(a) In General.--Tribal law enforcement have the right to
exercise their inherent authority to detain and or remove any
non-Indian, not affiliated with the State, its political
subdivision, or the Federal Government, from Indian lands for
intimidating, harassing, or otherwise impeding the ability of
people to vote or of the State and its political subdivisions
to conduct an election.
(b) Civil Action by Attorney General for Relief.--Whenever
any person has engaged or there are reasonable grounds to
believe that any person is about to engage in any act or
practice prohibited by this section, the Attorney General may
institute for the United States, or in the name of the United
States, an action for preventive relief, including an
application for a temporary or permanent injunction,
restraining

[[Page H156]]

order, or other order, and including an order directed to the
State and State or local election officials to require them
to permit persons to vote and to count such votes.

SEC. 9213. TRIBAL VOTING CONSULTATION.

The Attorney General shall consult annually with Indian
Tribes regarding issues related to voting in elections for
Federal office.

SEC. 9214. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION
EXPENSES.

In a civil action under this title, the court shall award
the prevailing party, other than the United States,
reasonable attorney fees, including litigation expenses,
reasonable expert fees, and costs.

SEC. 9215. GAO STUDY AND REPORT.

The Comptroller General shall study the prevalence of
nontraditional or nonexistent mailing addresses among
Indians, those who are members of Indian Tribes, and those
residing on Indian lands and identify alternatives to remove
barriers to voter registration, receipt of voter information
and materials, and receipt of ballots. The Comptroller
General shall report the results of that study to Congress
not later than 1 year after the date of enactment of this
title.

SEC. 9216. UNITED STATES POSTAL SERVICE CONSULTATION.

The Postmaster General shall consult with Indian Tribes, on
an annual basis, regarding issues relating to the United
States Postal Service that present barriers to voting for
eligible voters living on Indian lands.

SEC. 9217. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL
SOVEREIGN IMMUNITY.

(a) Severability.--If any provision of this title, or the
application of such a provision to any person, entity, or
circumstance, is held to be invalid, the remaining provisions
of this title and the application of all provisions of this
title to any other person, entity, or circumstance shall not
be affected by the invalidity.
(b) Relationship to Other Laws.--Nothing in this title
shall invalidate, or limit the rights, remedies, or
procedures available under, or supersede, restrict, or limit
the application of, the Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.), the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002
(52 U.S.C. 20901 et seq.), or any other Federal law or
regulation related to voting or the electoral process.
Notwithstanding any other provision of law, the provisions of
this title, and the amendments made by this title, shall be
applicable within the State of Maine.
(c) Tribal Sovereign Immunity.--Nothing in this title shall
be construed as--
(1) affecting, modifying, diminishing, or otherwise
impairing the sovereign immunity from suit enjoyed by an
Indian Tribe; or
(2) authorizing or requiring the termination of any
existing trust responsibility of the United States with
respect to Indian people.

SEC. 9218. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this title.

The SPEAKER pro tempore. Pursuant to House Resolution 868, the motion
shall be debatable for 1 hour equally divided by and controlled by the
chair and ranking minority member of the Committee on House
Administration, or their respective designees.
The gentleman from North Carolina (Mr. Butterfield) and the gentleman
from Illinois (Mr. Rodney Davis) each will control 30 minutes.
The Chair recognizes the gentleman from North Carolina.

General Leave

Mr. BUTTERFIELD. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and insert extraneous material into the Record on the House
amendment to the Senate amendment to H.R. 5746.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in strong support of H.R. 5746, the Freedom
to Vote: John R. Lewis Act. As President Biden made clear in his speech
in Atlanta on Tuesday, the time to act to protect the right to vote and
the very essence of our democracy is now. The bill we are considering
today meets the gravity of this moment.
H.R. 5746, Mr. Speaker, combines two pieces of legislation vital to
ensuring every American has free, equitable, and secure access to the
ballot: The Freedom to Vote Act and the John R. Lewis Voting Rights
Advancement Act, the latter of which critically also includes the
Native American Voting Rights Act.
Together, Mr. Speaker, these bills will combat the wave of voter
suppression laws we saw enacted in States across the country following
the Supreme Court's decision in Shelby County v. Holder, a decision
that undermined the essential preclearance protections of the Voting
Rights Act, which accelerated at an alarming rate following the
unprecedented voter turnout in the 2020 elections.
Rather than responding to increased voter participation with
welcoming arms and provoter policies, States have instead been enacting
laws that roll back access and aim to erect roadblocks to the ballot
box.
Despite a 2020 election that election security experts said was the
most secure in American history, according to the Brennan Center For
Justice, 19 States have enacted 34 restrictive voting laws in the last
12 months.
The time, Mr. Speaker, to act is now. Voter suppression and
discrimination are alive and well. It is our duty and firmly within our
constitutional powers as a Congress to protect the rights of the voter
and ensure equal access to the franchise.
This bill, Mr. Speaker, does just that. It sets nationwide standards
for access to early voting; promotes voter registration through
automatic voter registration, same-day voter registration, and online
voter registration; gives every voter access to no-excuse absentee
voting; protects the security of our election infrastructure and our
precious election workers; addresses the rising threat of election
subversion; puts an end to partisan gerrymandering; curbs the torrent
of dark money flooding our politics; and, yes, it restores the critical
protections of the 1965 Voting Rights Act and protects the right to
vote for Native American voters.
We must set an example as a democracy and encourage, rather than
suppress, voter participation in our electoral process.
This legislation is critical to protecting our democracy. I encourage
all of my colleagues, Democrat and Republican, to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, this bill, which was originally about NASA and went
through the Science, Space, and Technology Committee, has seen more
than 700 pages of election law tacked onto it just late last night. If
it were to become law, it would give up to $7.2 million of public
funding to the campaigns of each one of my colleagues, all of us. This
is not about voting rights. This is about power and control.
Mr. Speaker, $7.2 million is more money than most Americans can even
dream of having. Yet, here we are considering another Democrat bill
that takes public funding and, instead of giving it to the American
people, puts it in the campaign coffers of Members of Congress. Members
who vote for this bill are voting to line their own campaign coffers,
all while falsely telling the American people that we have a voting
rights crisis in this country and that we must pass this bill because
the era of Jim Crow 2.0 is upon us.
It is the definition of corruption.
Thankfully, the American people don't seem to be buying the
Democrats' rhetoric. According to polling, more Americans, including
Independents, believe voting laws are too lax and insecure than those
who believe voting laws are too restrictive.
No matter how many times the President and other Democrats get up in
front of the American people and try to manufacture a voting rights
crisis in this country by using rhetoric like Jim Crow 2.0 or now
comparing Republicans to Democrat-elected segregationist Bull Connor,
as President Biden suggested this week in Georgia, there is still no
evidence of widespread voter suppression.
In our hearings in the House Administration Committee over the last 3
years, no one has ever produced a single voter who was eligible to vote
but wasn't able to. In fact, 2020 saw the highest voter turnout in 120
years, and, according to Pew, 94 percent of Americans say it is easy to
vote.
Misrepresenting and, in some cases, flat-out lying about the laws
States have passed to increase voter confidence in our elections is
also part of the Democrats' playbook to manufacture a voting rights
crisis. In fact, President Biden has earned four Pinocchios for his
false claims about Georgia's voting laws. The laws these States are
passing to bolster voter confidence make it easier to vote than ever
before while protecting the integrity of our elections.

[[Page H157]]

Georgia's new ``voter suppression law'' has more days of early, in-
person voting than New York, and Texas' ``voter suppression law'' ends
pandemic exceptions like universal drive-thru voting and 24-hour
voting. Neither existed in Texas before 2020. Neither widely exists
even in blue States. I think most of us can agree that nothing good can
come from 24-hour, drive-thru voting.
The bill we are considering today is not about increasing voting
rights for the American people, and this is not a compromise. This bill
still contains the worst provisions of H.R. 1.
It still publicly funds Members' campaigns; nationalizes and
centralizes our election system; makes Merrick Garland the election
czar; puts unelected bureaucrats in charge of States' voting laws,
instead of the American people; destroys the First Amendment; weakens
States' ability to maintain accurate voter rolls; prevents States from
implementing strict voter ID laws, despite the majority of Americans
supporting voter ID laws; and the list goes on and on.
As terrible as those provisions are, nothing screams this bill isn't
for the American people more than the fact that it gives every one of
us, every Member of Congress and their own campaigns, up to $7.2
million in public funding. The old saying is: Follow the money. I think
that is incredibly relevant here.
Mr. Speaker, I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentleman from
New York (Mr. Jeffries), the chairman of the House Democratic Caucus.
Mr. JEFFRIES. Mr. Speaker, we are here today defending our democracy
for one reason and one reason alone. It is because the radical right
has decided that the only way they can consistently win elections is to
engage in massive voter suppression. The right to vote is sacred. The
right to vote is special. The right to vote is sacrosanct and central
to the integrity of our democracy.
There are people who died, lost their lives, and shed blood to make
sure that Black people and everyone in America could vote.
We are not going backward. We are only going to go forward. You had
better back up off of us.
We will pass the John R. Lewis Voting Rights Advancement Act. We will
pass Joe Manchin's Freedom to Vote Act. We will get it to Joe Biden's
desk, and we will end the era of voter suppression in America once and
for all.

{time} 0930

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, defending democracy $7.2
million at a time.
Mr. Speaker, I yield 2 minutes to the gentleman from Wisconsin (Mr.
Steil), a member of the House Administration Committee.
Mr. STEIL. Mr. Speaker, it may be a new year, but the Democrats are
up to the same tricks, providing text of this legislation last night
for a vote in the morning.
They want to gut key voter integrity provisions, and they want to
bust the Senate's filibuster in the process to do it.
But I think it is important the American people understand some of
the key and most egregious provisions in this bill. Let me just
highlight the top four.
This bill guts voter ID laws. And the irony shouldn't be lost that
these are the same Democrats that want you to show an ID and a vaccine
card to be able to have dinner in cities like Washington, D.C., or New
York.
This bill puts Federal dollars into politicians' reelection
campaigns. I have heard a lot of complaints about elections in my time.
I have never had one person tell me our elections don't have enough
money.
This bill restricts States' ability to maintain their voter rolls,
voter rolls that are essential so we know who is eligible to vote.
And this bill mandates that ballots can be counted 7 days after the
end of the election, delaying the final results. Delaying the final
results does not instill confidence in our elections.
Instead, by working to remove key voter integrity provisions in our
elections, Americans will have less confidence in our elections. My
priority is to make it easy to vote and hard to cheat. This bill fails
that test, and I urge my colleagues to vote ``no.''
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Massachusetts (Ms. Clark), our Assistant Speaker.
Ms. CLARK of Massachusetts. Mr. Speaker, the January 6 insurrection
may have been quelled, but the assault on our democracy is alive.
Across 19 States, Republican legislatures have enacted 33 voter
suppression laws. Here in Congress, we have witnessed unanimous
Republican obstruction against commonsense, prodemocracy voter
protections: early voting, vote by mail, election day as a Federal
holiday.
When did protecting the right to vote become partisan? When it became
about the powerful and not the people.
We can't sit on the sidelines while the most precious, sacred tool in
our democracy is eroded. The question before us is simple and yet
profound: Are you for the continuation of our democracy or are you not?
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentleman from Oklahoma (Mr. Lucas), my good friend and the ranking
member on the Science, Space, and Technology Committee.
Mr. LUCAS. Mr. Speaker, I rise in strong opposition to this Federal
takeover of elections.
I am disappointed that the underlying bill has been gutted, a bill
that was crafted in a bipartisan, practical way to address the surplus
resources at NASA to generate resources for the agency.
I would say this to my friends in the majority: I have served in the
minority and the majority several times back and forth. I ask you, why
are you trying so hard to make me a chairman again?
We pass a bill today to allow another body to pontificate. They will
not be able to pass anything. You will inflame your base because you
can't do anything. You will inflame my base because you are trying to
make dramatic changes. Why are you trying to make it so easy for me to
be a chairman again?
I guess I should thank you, and I would, except for things like this
missed opportunity to reauthorize this important piece of legislation
for NASA.
When we have committees like Science, Space, and Technology that work
together, that work in a productive way, that can persuade the majority
of this body to pass their legislation, we should allow the legislative
process to work.
Thank you, my friends. I look forward to the next session.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Georgia (Ms. Williams), my friend.
Ms. WILLIAMS of Georgia. Mr. Speaker, today I rise to share the words
of my constituent, Yolanda Renee King, that I received this morning:
``I am 13 years old and the only grandchild of Dr. Martin Luther
King, Jr., and Coretta Scott King. When I was just 5 years old, in
2013, the Supreme Court undid the Voting Rights Act that my
grandparents and so many in their generation fought and died for.
``When I was 12, in 2021, the Supreme Court further weakened the law
until there was almost nothing left.
``States like my home State of Georgia were ready and waiting. They
immediately passed laws that make it harder for people to vote, make it
impossible to protect elections, and even criminalize the act of
passing out food and water to people who wait in long lines.
``That means I and my peers have fewer rights today than we had the
day we were born. I can only imagine what my grandparents would say
about that. We must pass Federal voting rights legislation now to
ensure democracy for all Americans. We cannot wait.''
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, how much time is remaining
on both sides?
The SPEAKER pro tempore. The gentleman from Illinois has 23 minutes
remaining. The gentleman from North Carolina has 24 minutes remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentlewoman from New York (Ms. Tenney), the founder of the Election
Integrity Caucus and my good friend.

[[Page H158]]

Ms. TENNEY. Mr. Speaker, it is Groundhog Day again on the House
floor. Yet again, our Democratic colleagues continue to gaslight the
American people by claiming that despite record turnout in recent
elections, Republicans are scheming to steal the sacred right to vote
from our fellow citizens.

What is their solution to the problem, which they assure you is very
real? It just so happens to be a partisan Federal takeover of elections
that empowers unelected bureaucrats in Washington to oversee local
elections and overturn popular voting protection laws. That is not
democracy; that is a violation of our Constitution.
The Freedom to Vote: John R. Lewis Act, which was deceitfully added
to a NASA leasing authorities bill in the dead of night, is a
transparent attempt to diminish the voting power of law-abiding
American citizens.
Mr. Speaker, my colleagues on the other side of the aisle are right
about one thing. Democracy and the principle of ``one citizen, one
vote'' are indeed being threatened. The Democrats are, in fact,
cynically championing this effort in spite of the fact that the
Democratic voters in New York State, a highly blue Democratic State,
rejected the very provisions in the John Lewis Voting Rights Act by a
substantial margin in a referendum vote just this past election.
With every attempt to allow noncitizens to vote and with each push to
ban commonsense voter identification laws, Democrats in Congress and in
places like New York City attack and erode election integrity.
By the way, Article I, Section 4 of the U.S. Constitution clearly
states and protects the rights of our States to determine voting laws
and practices. However, the legislation before us today would force
upon the Nation a laundry list of damaging Federal policies, creating
chaos and insecurity in our elections, making it easier to cheat, and
overriding basic election integrity measures.
This assault must be stopped. I urge my colleagues to vote ``no'' on
this misguided legislation.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Michigan (Mrs. Lawrence), the second vice chair of the
Congressional Black Caucus.
Mrs. LAWRENCE. Mr. Speaker, today I stand on the shoulders of my
grandmother and my grandfather, who migrated to the North from the
South, who took me every election day, dressed up, and educated me
every step of the way to understand the power of the right to vote. She
was denied the right to vote.
It is heartbreaking that this bill that has been passed time and time
again is now a political ploy. We now know that the freedoms and the
rights of Americans are based and bred from voting rights. I stand here
today in support of passing this bill.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I include in the Record
the Committee on House Administration Republicans' ``Elections Clause''
report.
House of Representatives,

Committee on House Administration,

Washington, DC, August 12, 2021.
Rep. Rodney Davis, Ranking Member

Report--The Elections Clause: States' Primary Constitutional Authority
Over Elections

Executive Summary

Republicans believe that every eligible voter who wants to
vote must be able to do so, and all lawful votes must be
counted according to state law. Through an examination of
history, precedent, the Framers' words, debates concerning
ratification, the Supreme Court, and the Constitution itself,
this document explains the constitutional division of power
envisioned by the Framers between the States and the federal
government with respect to election administration. Article
1, Section 4 of the Constitution explains that the States
have the primary authority over election administration, the
``times, places, and manner of holding elections''.
Conversely, the Constitution grants the Congress a purely
secondary role to alter or create election laws only in the
extreme cases of invasion, legislative neglect, or obstinate
refusal to pass election laws. As do other aspects of our
federal system, this division of sovereignty continues to
serve to protect one of Americans' most precious freedoms,
the right to vote.
The Constitution reserves to the States the primary
authority to set election legislation and administer
elections--the ``times, places, and manner of holding of
elections'' and Congress' power in this space is purely
second to the States' power. Congress' power is to be
employed only in the direst of circumstances. Despite
Democrats' insistence that Congress' power over elections is
unfettered and permits Congress to enact sweeping legislation
like H.R. 1, it is simply not true. History, precedent, the
Framers' words, debates concerning ratification, the Supreme
Court, and the Constitution itself make this exceedingly
clear.
The Framing Generation grappled with the failure of the
Articles of Confederation, which provided for only a weak
national government incapable of preserving the Union. Under
the Articles, the States had exclusive authority over federal
elections held within their territory. but, given the
difficulties the national government had experienced with
State cooperation (e.g., the failure of Rhode Island to send
delegates to the Confederation Congress); the Federalists,
including Alexander Hamilton, were concerned with the
possibility that the States, in an effort to destroy the
federal government, simply might not hold elections or that
an emergency, such as an invasion or insurrection, might
prevent the operation of a State's government, leaving the
Congress without Members and the federal government unable to
respond. Indeed, as counsel for the Democrat Members of our
Committee so keenly observed:
For the Founders, particularly during the Federal
Constitutional Convention, the primary concern was informing
the discussions of federal elections in Article I was the
risk of uncooperative states. For example, Alexander Hamilton
noted that by providing states the authority to run
congressional elections, under Article I, Section 4,
``risk[ed] `leaving the existence of the Union entirely at
their mercy.' '' Following the failings of the Articles of
Confederation, the Founders looked for processes that would
insulate Congress from recalcitrant states. Indeed, ``[t]he
dominant purpose of the Elections Clause, the historical
record bears out, was to empower Congress to override state
election rules, not to restrict the way States enact
legislation[,]'' and that ``the Clause `was the Framers'
insurance against the possibility that a State would refuse
to provide for the election of representatives to the
Federal Congress.' ''.
Quite plainly, Alexander Hamilton, a leading Federalist and
proponent of our Constitution, understood the Elections
Clause as serving only as a sort of emergency fail-safe, not
as a cudgel used to nationalize our elections process.
Writing as Publius to the people of New York, Hamilton
further expounds on the correct understanding of the
Elections Clause: ``T[he] natural order of the subject leads
us to consider, in this place, that provision of the
Constitution which authorizes the national legislature to
regulate, in the last resort, the election of its own
members.''
When questioned at the States' constitutional ratifying
conventions with respect to this provision, the Federalists
confirmed this understanding of a constitutionally limited,
secondary congressional power under Article 1, Section 4:
Maryland:
Convention delegate James McHenry added that the risk to
the federal government [without a fail-safe provision] might
not arise from state malice: An insurrection or rebellion
might prevent a state legislature from administering an
election.
North Carolina:
An occasion may arise when the exercise of this ultimate
power of Congress may be necessary . . . a state should be
involved in war, and its legislature could not assemble, (as
was the case of South Carolina and occasionally of some other
states, during the [Revolutionary] war).
Pennsylvania:
Sir, let it be remembered that this power can only operate
in a case of necessity, after the factious or listless
disposition of a particular state has rendered an
interference essential to the salvation of the general
government.
John Jay made similar claims in New York. And, as
constitutional scholar Robert Natelson, notes in his
invaluable article, The Original Scope of the Congressional
Power to Regulate Elections, Alexander Contee Hanson, a
member of Congress whose pamphlet supporting the Constitution
proved popular, stated flatly that Congress would exercise
its times, places, and manner authority only in cases of
invasion, legislative neglect or obstinate refusal to pass
election laws [providing for the election of Members of
Congress], or if a state crafted its election laws with a
`sinister purpose' or to injure the general government.''
Cementing his point, Hanson goes further to decree, ``The
exercise of this power must at all times be so very
invidious, that congress will not venture upon it without
some very cogent and substantial reason.'' In Floor debate
during the 117th Congress concerning H.R. 1, the Democrats'
intended nationalization of elections, Ranking Member Davis
argued, as he has many other times, that:
According to Article 1, Section 4 of the Constitution,
States have the primary role in establishing ``[t]he Times,
Places and Manner of holding Elections for Senators and
Representatives.'' Under the Constitution, Congress has a
purely secondary role in this space and must restrain itself
from acting improperly and unconstitutionally. Federal
election legislation should never be the

[[Page H159]]

first step and must never impose burdensome, unfunded federal
mandates on state and local elections officials. When
Congress does speak, it must devote its efforts only to
resolving highly significant and substantial deficiencies.
State legislatures are the primary venues to correct most
issues.
In fact, had the Democrats' view of the Elections Clause
been accepted at the time of the Constitution's drafting--
that is, that it offers Congress unfettered power over
federal elections--it is likely that the Constitution would
not have been ratified or that an amendment to this language
would have been required. Indeed, at least seven of the
original 13 states--over half and enough to prevent the
Constitution from being ratified--expressd specific concerns
with the language of the Elections Clause. However,
``[l]eading Federalists . . . assured them, . . . that, even
without amendment, the [Elections] Clause should be construed
as limited to emergencies.''
Three states, New York, North Carolina, and Rhode Island,
specifically made their ratification contingent on this
understanding being made express:
New York:
Under these impressions and declaring that the rights
aforesaid cannot be abridged or violated, and the
Explanations aforesaid are consistent with the said
Constitution, And in confidence that the Amendments which
have been proposed to the said Constitution will receive
early and mature Consideration: We the said Delegates, in the
Name and in [sic] the behalf of the People of the State of
New York Do by these presents Assent to and Ratify the said
Constitution. In full Confidence . . . that the Congress will
not make or alter any Regulation in this State respecting the
times places and manner of holding Elections for Senators or
Representatives unless the Legislature of this State shall
neglect or refuse to make laws or regulations for the
purpose, or from any circumstance be incapable of making the
same, and that in those cases such power will only be
exercised until the Legislature of this State shall make
provision in the Premises[.]
North Carolina:
That Congress shall not alter, modify, or interfere in the
times, places, or manner of holding elections for senators
and representatives, or either of them, except when the
legislature of any state shall neglect, refuse or be disabled
by invasion or rebellion, to prescribe the same.
Rhode Island:
Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the
explanations aforesaid, are consistent with the said
constitution, and in confidence that the amendments hereafter
mentioned, will receive an early and mature consideration,
and conformably to the fifth article of said constitution,
speedily become a part thereof; We the said delegates, in the
name, and in [sic] the behalf of the People, of the State
of Rhode-Island and Providence-Plantations, do by these
Presents, assent to, and ratify the said Constitution. In
full confidence . . . That the Congress will not make or
alter any regulation in this State, respecting the times,
places and manner of holding elections for senators and
representatives, unless the legislature of this state
shall neglect, or refuse to make laws or regulations for
the purpose, or from any circumstance be incapable of
making the same; and that [i]n those cases, such power
will only be exercised, until the legislature of this
State shall make provision in the Premises[.]
This clearly demonstrates that the Framers designed and the
ratifying States understood the Elections Clause to serve
solely as a protective backstop to ensure the preservation of
the Federal Government, not as a font of limitless power for
Congress to wrest control of federal elections from the
States.
This understanding was also reinforced by debate during the
first Congress that convened under the Constitution. ``During
the first session of the First Congress . . . Representative
Aedanus Burke unsuccessfully proposed a constitutional
amendment to limit the Times, Places and Manner Clause to
emergencies. But those on both sides of the Burke amendment
debate already understood the Elections Clause to limit
Federal elections power to emergencies.
For example, the recorded description of opponent
Representative Goodhue's comments notes that he believed the
Elections Clause as written was intended to prevent ``. . .
the State Governments [from] oppos[ing] and thwart[ing] the
general one to such a degree as finally to overturn it. Now,
to guard against this evil, he wished the Federal Government
to possess every power necessary to its existence.'' With any
change to the original text therefore unnecessary to achieve
Burke's desired goal, Mr. Goodhue voted against the proposed
amendment.
Similarly, proponent Representative Smith of South Carolina
also believed the original text of the Elections Clause
already limited the Federal Government's power over federal
elections to emergencies and so thought there would be no
harm in supporting an amendment to make that language
express. So, even the records of the First Congress reflect a
recognition of the emergency nature of congressional power
over federal elections.
Similarly, the Supreme Court has supported this
understanding. In Smiley v. Holm, the Court held that Article
1, Section 4 of the Constitution reserved to the States the
primary authority to provide a complete code for
congressional elections, not only as to times and places, but
in relation to notices, registration, supervision of voting,
protection of voters, prevention of fraud and corrupt
practices, counting of votes, duties of inspectors and
canvassers, and making and publication of election returns;
in short, to enact the numerous requirements as to procedure
and safeguards which experience shows are necessary in order
to enforce the fundamental right involved. And these
requirements would be nugatory if they did not have
appropriate sanctions in the definition of offenses and
punishments. All this is comprised in the subject of ``times,
places and manner of holding elections,'' and involves
lawmaking in its essential features and most important
aspect.
This holding, of course, is consistent with the
understanding of the Elections Clause since the framing of
the Constitution. The Smiley Court also held that while
Congress maintains the authority to . . . supplement these
state regulations or [to] substitute its own[]'', such
authority remains merely `` `a general supervisory power over
the whole subject.' '' More recently, the Court noted in
Arizona v. Inter-Tribal Council of Ariz., Inc. that ``[t]his
grant of congressional power [that is, the fail-safe
provision in the Elections Clause] was the Framers' insurance
against the possibility that a State would refuse to provide
for the election of representatives to the Federal
Congress.'' The Court explained that the Elections Clause ``.
. . imposes [upon the States] the duty . . . to prescribe the
time, place, and manner of electing Representatives and
Senators[.]'' And, while, as the Court noted, ``[t]he power
of Congress over the `Times, Places and Manner' of
congressional elections `is paramount, and may be exercised
at any time, and to any extent which it deems expedient; and
so far as it is exercised, and no farther, the regulations
effected supersede those of the State which are inconsistent
therewith[]'', the Inter-Tribal Court explained, quoting
extensively from The Federalist no. 59, that it was clear
that the congressional fail-safe included in the Elections
Clause was intended for the sorts of governmental self-
preservation discussed in this Report: ``[E]very government
ought to contain in itself the means of its own
preservation[.]''; ``[A]n exclusive power of regulating
elections for the national government, in the hands of the
State legislatures, would leave the existence of the Union
entirely at their mercy. They could at any moment annihilate
it by neglecting to provide for the choice of persons to
administer its affairs.''

CONCLUSION

It is clear in every respect that the congressional fail-
safe described in the Elections Clause vests purely secondary
authority over federal elections in the federal legislative
branch and that the primary authority rests with the States.
Congressional authority is intended to be, and as a matter of
constitutional fact is, limited to addressing the worst
imaginable issues, such as invasion or other matters that
might lead to a State not electing representatives to
constitute the two Houses of Congress. Our authority has
never extended to the day-to-day authority over the ``Times,
Places and Manner of Election'' that the Constitution clearly
reserves to the States. Unfortunately for Democrats, this
clear restriction on congressional authority means that we do
not have the power to implement the overwhelming majority--if
not the entirety--of their biggest legislative priority, H.R.
1 and related legislation, which would purport to nationalize
our elections and centralize their administration in
Washington, D.C. Thankfully, the Framers had the foresight to
write our Constitution so as to prevent those bad policies
from going into effect and preserve the health of our
republic.

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentleman from Mississippi (Mr. Palazzo), my good friend.
Mr. PALAZZO. Mr. Speaker, today I rise in opposition to H.R. 5746.
Late last night, the Democrats hijacked a bipartisan piece of
legislation that I helped draft to allow NASA to lease property and
help fund their own budget shortfalls. This bill would have been vital
to America's space program and Mississippi's Fourth District, with
Stennis Space Center in our backyard.
To no one's surprise, Democrat socialists, hell-bent on minimizing
the power of American voters, have jammed through their radical agenda
to include this so-called voting rights legislation.
This legislation only does one thing: It ensures that Democrats
remain in power by tipping the scales by limiting your First Amendment
and slashing States' rights.
Why else would the Democrats spend so much time catering to
noncitizens, giving them taxpayer benefits, allowing them to stay in
our country, and now giving them the ability to unconstitutionally vote
in American elections?
Democrats believe that behind every illegal immigrant is a Democrat
voter only waiting for a bill like this to pass.

[[Page H160]]

This legislation shreds our founding documents and bastardizes the
sacred rights of American citizens only to appease a group of
socialists.
We all know that Democrats need every advantage to give them any hope
in November after seeing their Commander in Chief's gross incompetence
and tanking approval ratings. They have the slimmest House majority in
history and an even split in the Senate, stalemated by a few Democrats
who refuse to bow to the demands of this socialist agenda.
Democrats know the American people reject their ridiculous policies,
and we cannot allow them to cheat their way back into power with this
bill.
I strongly urge my colleagues to vote ``no'' on this hijacked bill.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Florida (Ms. Wasserman Schultz), the dean of the Florida
delegation.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, let's be clear about what is
happening here. We are at a crossroads. Free and fair elections are
essential to keeping this fragile democracy intact.
The American people must hear this loud and clear: There are people
in power who don't want you to vote, and they are using every tool in
their toolbox to make it harder.
My fellow Americans, you cannot afford to sleep on this. People in
power and with influence are actively trying to take away your right to
vote. America must confront this harsh reality.
They are purging voter rolls, making voter registration more
difficult, and cracking down on vote by mail, all while we remain in
the midst of a pandemic.
Voter suppression has not been consigned to the history books. It
continues today, right here, right now, and the impact continues to
fall disproportionately on communities of color.
These policies are being actively pursued all over the country in
places like my home State of Florida, where the Governor wants to
create a voting police force to intimidate voters.
We must not allow those who seek to consolidate power and put a thumb
on the scales of the democratic process to succeed.
Our friends in the Senate must stand up for democracy and restore
government of, by, and for the people. I urge my colleagues to support
this bill.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1 minute to the
gentleman from Wisconsin (Mr. Tiffany), my good friend.
Mr. TIFFANY. Mr. Speaker, in a desperate attempt to maintain their
waning grip on power, the majority is attempting to hijack a bill
related to NASA in order to promote voter fraud and invalidate State
voter ID laws.
But that is not all. The Democrats want to institutionalize ballot
harvesting schemes, mandate the use of unverifiable mail ballots, and
pour public dollars into the campaign coffers of wealthy politicians.
You heard that right, Mr. and Mrs. America. Bidenflation skyrockets
while Democrats are going to raid the Treasury to pay for their
political ads. But that is just the beginning.
A few days ago, New York City adopted a policy allowing noncitizens
to vote, effectively legalizing foreign election interference. You can
bet this will stretch to Minneapolis, Milwaukee, and Madison. In that
respect, perhaps it is fitting that the majority has chosen a NASA bill
to advance their cynical agenda and pave the way for alien voting.
This is one giant leap backward for American election integrity, and
if the majority actually thinks this bill is the solution to what is
ailing America, Houston, we have a problem.
Mr. BUTTERFIELD. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes), the author of the For the People Act.
Mr. SARBANES. Mr. Speaker, out in the country, the voice of the
people is diminished by voter suppression, partisan gerrymandering, and
election subversion.
Here in Washington, the voice of the people is diminished by big
money, the insiders, and the lobbyists, who use their influence to
block progress on so many of the things that Americans care about.
But we can do something about this. The Freedom to Vote: John R.
Lewis Act will ensure free and fair access to the ballot box, with
expanded registration opportunities and the broad availability of early
voting and vote by mail, something that voters of both political
parties took advantage of in the last election.
It will ban partisan gerrymandering so that congressional districts
are drawn fairly and with respect for the people.
It will prevent the arbitrary removal of local election officials
from their positions, and it will protect election officials from
harassment and intimidation.

It will pull dark money out of the shadows in order to combat the
corrupting influence on our democracy.
It will make meaningful investments in efforts led by the States to
strengthen and fortify their electoral infrastructure.
Too many Americans have become cynical about our politics, and they
are angry. But there is hope in that anger because it means they still
care; they still believe in American democracy; they cherish it.
In November 2020, 150 million Americans overcame tremendous obstacles
to get to the ballot box, to pull our democracy back from the brink.
The question now is, will we do our part? As their elected
Representatives, will we show that our love for this great Republic is
equal to theirs? Will we exercise the right to vote that we have in
this Chamber in order to protect the right of every American to vote in
their local library or their firehouse or senior center?
The answer must be yes. And after we pass this bill in the House, we
look to our Senate colleagues to do whatever they can to secure the
passage in that Chamber.
The stakes are too high. Failure is not an option.

{time} 0945

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I include in the Record a
report by Common Cause that is titled: ``Maryland General Assembly
Approves Gerrymandered Congressional Map.''

[From the Common Cause Maryland, Dec. 8, 2021]

Maryland General Assembly Approves Gerrymandered Congressional Map

Today, the Maryland General Assembly passed HB 1--the
congressional districting plan adopted by the Legislative
Redistricting Advisory Commission (LRAC). The map is now
headed to Governor Hogan's desk.

Statement of Joanne Antoine, Common Cause Maryland Executive Director

When the redistricting process is led by politicians, the
maps will be drawn to benefit the politicians--and that's
exactly what state legislators have done today.
While we were encouraged by the General Assembly's
willingness to improve transparency and access throughout the
process in comparison to the 2011 redistricting cycle, they
have chosen to maintain the status quo.
They had an opportunity to do what's in the best interest
of Marylanders for the next decade and have chosen, yet
again, to wait on a national solution. While I'm not
surprised, I am disappointed.
Thank you to public for making their voices heard and
Delegate Gabriel Acevero (D-Montgomery) for taking a stand
against partisan gerrymandering here in Maryland and
nationwide by being the lone Democratic vote against the
congressional map.

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Johnson).
Mr. JOHNSON of Louisiana. Mr. Speaker, I thank my friend for
yielding.
Mr. Speaker, I rise today in opposition to H.R. 5746, which contains
the text of H.R. 4, the so-called John R. Lewis Voting Rights
Advancement Act.
With H.R. 4, Democrats are attempting to orchestrate yet another
radical and unprecedented Federal power grab over State-administered
elections, this time under the guise of updating the Voting Rights Act.
But the history here is so important. Upon its enactment in 1965, the
VRA employed extraordinary measures to address pervasive State
resistance to removing radically discriminatory barriers that did at
that time prevent minorities from exercising their right to vote.
But here is what is important: After exhaustive review in 2013, the
U.S. Supreme Court's Shelby County v. Holder decision recognized an
obvious fact when examining the Voting Rights Act: Things have changed
dramatically since 1965.
Of course, that fact should be celebrated. The Court reasoned that
requiring States to preclear election law

[[Page H161]]

changes today based on conduct a half century ago was an
unconstitutional invasion of State sovereignty.
Republicans are thrilled the VRA worked. The truth is that more
Americans from minority communities are voting now than ever before,
and overall voting registration remains sky high.
In fact, voting registration disparities between minority and
nonminority voters in States like Texas, Florida, North Carolina,
Mississippi, and Louisiana are below the national average--and get
this--lower than Democrat-run States like California, New York, and
Delaware.
However, Democrats would have you think exactly the opposite. They
want to bring preclearance back through H.R. 4 and have all the States
seek approval from Merrick Garland's Justice Department before they can
make any changes to their election laws or redistricting, regardless of
whether that jurisdiction has a history of discrimination or not.
Again, this is a blatant Federal power grab. These bills are contrary
to the Founders' intent, the plain text of the Constitution, and if
they are fully implemented, they will further erode Americans' faith
and confidence in our government institutions.
We remain hopeful that the people of our country will see this. We
urge a ``no'' vote today.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Ohio (Mrs. Beatty), the distinguished and unrelenting chair of the
Congressional Black Caucus.
Mrs. BEATTY. Mr. Speaker, desperate attempts? Hijacking our voting
rights? That is exactly what our Republican colleagues are doing.
And why? Because when Democrats vote, Democrats win, and we provide
for our children, our families, and our businesses.
I stand here today in support of the Freedom to Vote: John R. Lewis
Act of 2022 because Black people representing the Congressional Black
Caucus have stood in line, have been attacked by dogs, have put their
lives on the line, and crossed the Edmund Pettus Bridge for us to have
the right to vote.
America, watch what is happening today. Watch what Republicans are
trying to do: Take away your fundamental right to vote.
Let us restore our democracy. Let's stand up for what four Republican
Presidents in the past did. They reauthorized the Voting Rights Act.
Republicans are scared, and they are hijacking Americans' rights.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, you can tell it must be
NFL playoffs, as I yield 2 minutes to the gentleman from Utah (Mr.
Owens), my good friend and our Super Bowl champion from the Oakland
Raiders.
Mr. OWENS. Mr. Speaker, late yesterday afternoon my Republican
colleagues and I learned that Democrats were dropping H.R. 1 and H.R. 4
into what was supposed to be a NASA bill.
The American people join me in wondering why Democrats must resort to
procedural gimmicks to ram voting rights bills to the floor.
The answer is simple: Democrats are out of touch with Americans, who
repeatedly rejected the Biden administration's far-left agenda,
including its latest attempt to destroy the power of States to run
their own elections.
Unfortunately, we are hearing the same message today that we have
heard over and over again from the Democrats: That minority Americans
are not smart enough, not educated enough, and incapable of following
basic rules to vote in Federal elections. And I am personally offended
by this narrative.
Earlier this year, Senate Democrats held a hearing titled: ``Jim Crow
2021: The Latest Assault on the Right to Vote'' where they compared the
recent voting laws in Georgia to the Jim Crow laws in the days of
segregation.
As I stated in that hearing, I grew up in the Deep South during the
era of actual Jim Crow laws that suppressed voting.
What does actual voter suppression look like? It looks like poll
taxes, property tests, literacy tests, and violence and intimidation at
the polls. It looks like the segregated schools I attended in Florida
or the separate drinking fountains and restrooms that my race was
forced to use.
One section of the Georgia law that brought so much outrage from the
left simply requires everyone applying for an absentee ballot to
include evidence of a government-issued ID on their application.
I can assure you, my friends, minorities are capable of getting a
driver's license, passport, government check or any other number of
acceptable IDs.
Today's misnamed For the People Act won't fool Americans who have not
forgotten how far we have come since 1965 and who hold sacred their
constitutional right to vote.
I ask my colleagues to join me in rejecting this latest attempt to
remove power from the people and the States that best represent them.

Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Pennsylvania (Ms. Scanlon), who serves on the Committee on House
Administration and the Committee on the Judiciary.
Ms. SCANLON. Mr. Speaker, I am proud to help bring this bill to the
floor and to push for its consideration in the Senate.
Pennsylvania--and Philadelphia, which I represent--is the birthplace
of our democratic Republic, but it is now ground zero in the battle for
the soul of our Nation.
A decade ago, when the last redistricting occurred, the Pennsylvania
legislature launched an attack on election rights, which has only
escalated over the years. Voters have had to battle in court to get
fair districts and to overturn discriminatory voter ID laws that
threaten to disenfranchise more than half a million eligible
Pennsylvania voters. And in the last 2 years we have seen these threats
multiply as the former President and his far-right allies have tried
over and over again to make it harder to vote and to throw out the
legal votes of Pennsylvania's eligible voters.
This bill is not a takeover of State elections, it is a response to
attempts by State legislatures, like Pennsylvania's, to make it harder
for Americans to express their most essential freedom--voting--by
exercising our duty under Article I Section 4 of the Constitution to
protect that right.
I urge all of my colleagues, no matter what party, to support this
legislation.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, may I inquire as to how
much time I have remaining?
The SPEAKER pro tempore. The gentleman from Illinois has 15 minutes
remaining. The gentleman from North Carolina has 18 minutes remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2\1/2\ minutes to
the gentleman from Ohio (Mr. Jordan), the ranking member of the House
Judiciary Committee and my good friend.
Mr. JORDAN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the Democrats have objected to counting the Presidential
electors every single time this century a Republican has been elected
President.
They spent 4 years trying to overturn the 2016 election. Democrats
spied on a Presidential campaign, they did impeachment in secret based
on a so-called whistleblower, whose identity only Congressman Schiff
got to know.
This Congress they have closed the Capitol, enacted proxy voting,
kicked Republicans off committees, and for the first time in American
history denied Republicans seats on a select committee that was chosen
by the minority leader.
They are trying to make D.C. a State, end the electoral college, end
the filibuster, pack the Court, destroy executive privilege, take
Federal control of elections, and are currently allowing in
jurisdictions illegal immigrants to vote.
And finally, the Select Committee to Investigate the January 6th
Attack on the United States Capitol has altered evidence and lied to
the American people about it.
But somehow, they tell us it is President Trump and Republicans who
are undermining democracy? Give me a break.
Undermining democracy because we actually think you should show a
photo ID when you go to vote?
In 1 year's time, while Democrats are doing all that, in 1 year's
time they have given us record crime, record inflation, record illegal
immigration.
And as bad as all that is, it is not the worst. The worst is how they
have used the virus to attack our freedoms, how they have used the
virus to attack our

[[Page H162]]

First Amendment rights. And here is the irony: They used the virus to
attack our liberties, even though everything they have told us about
the virus has been wrong.
They told us it didn't come from a lab. They told us it wasn't gain-
of-function research. They told us it was only 15 days to slow the
spread. They told us masks worked. They told us we have a Federal plan.
Joe Biden said that himself. They have told us there would never be a
vaccine mandate. They told us people who get vaccinated can't get the
virus, the vaccinated can't transmit the virus, and they told us there
was no such thing as natural immunity.
Think about this: At the same time Democrats require you to put on a
mask, show your papers and an ID to get a Big Mac at McDonald's, they
want to allow the Federal Government to stop States from requiring a
photo ID to vote.
This is ridiculous.
Vote ``no'' on this legislation.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Texas (Ms. Garcia), my friend who serves on the Committee on the
Judiciary.
Ms. GARCIA of Texas. Mr. Speaker, I rise today in strong support of
the Freedom to Vote: John R. Lewis Act.
Our democracy is built on the sacred principle that every American
has an equal and fair right to vote. But States like my home State of
Texas are imposing laws that are already limiting that very sacred
right.
Between bills like SB1 and extreme gerrymandering, the voices of many
Texans are being diluted and silenced, especially Latinos. We cannot
let this stand.
It is our responsibility, our duty to protect voting rights for every
American, no matter what ZIP Code they live in or what language they
speak. The Freedom to Vote Act will do just that for Latinos and for
all Americans.
By banning partisan gerrymandering, restoring the Voting Rights Act,
and creating new protections for voters, we will ensure every American
makes their voice heard.
Mi voto, mi voz.
(English translation of Spanish is as follows: My vote, my voice.)
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 1\1/2\ minutes to
the gentleman from Pennsylvania (Mr. Meuser).
Mr. MEUSER. Mr. Speaker, I thank my good friend Mr. Davis of Illinois
for yielding.
Mr. Speaker, Democrats have a scheme to take over elections, and it
has taken a very disturbing turn. The Federal takeover of elections
bill is masquerading as what was a noncontroversial NASA bill.
The Constitution, Mr. Speaker, is clear: State legislators alone
determine the time, place, and manner of elections, period.
Voter participation, Mr. Speaker, over the past 20 years has
enormously increased; it is well over 70 percent at this point because
States have implemented policies assuring easy access while maintaining
voter integrity to the best of their ability.
Nevertheless, Democrats want a Federal takeover of all elections.
This plan legalizes ballot harvesting nationwide, bans voter ID laws.
Does America hear that? Prohibits the ability to ask for an ID to vote.
Somehow that is in the interest of our election integrity. I don't
think so.
It allows noncitizens to vote, Mr. Speaker, and imposes new mandates
on all precincts, regardless of their size or resources. Perhaps most
egregiously, they want to provide millions of dollars in taxpayer
funding for campaigns.
Under this new taxpayer scheme, the American taxpayer would give our
Speaker of the House $22 million and a whopping $44 million to Senate
Majority Leader Chuck Schumer for his campaign.
Americans can't get COVID tests, hospitals are being overwhelmed,
businesses can't find workers, and this is the focus, to blow up the
Senate filibuster and seize control of all elections to secure future
Democrat majorities.
Let's vote ``no.''
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I reserve the balance of
my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentleman from
the Commonwealth of Virginia (Mr. Beyer), my friend.
Mr. BEYER. Mr. Speaker, I rise in robust support of the Freedom to
Vote: John R. Lewis Act. I believe this is the most important vote any
of us will ever vote upon. This is the bill that saves our democracy.
The most fundamental idea of our exceptional Nation is that people
have the right to choose their leaders.
And we have made slow progress over the centuries. African Americans,
Native Americans, women, 18-year-olds. This bill finally establishes
the basic fundamental voting rights for all Americans.
With this act we stand against efforts to manipulate voting rules in
favor of the few and take our essential democratic privilege away from
all Americans.
NASA has inspired humanity for centuries, and now a small NASA bill
becomes the vehicle to save our democracy.

{time} 1000

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Donalds).
Mr. DONALDS. Mr. Speaker, I think it is important as we have this
debate, frankly, on a bill that was dropped last night with provisions
that have gone through this Chamber before which, frankly, have gone
nowhere in the Senate, it is important to understand for the context of
this discussion that I actually represent a preclearance county. I have
lived in one for 20 years. It is Collier County, Florida.
You see, Collier County was subject to preclearance in 1965 under the
Voting Rights Act. But since I have lived there the last 20 years,
there has been no evidence whatsoever that Collier County should even
continue to be subject to preclearance. So much so that the Supreme
Court agreed and actually decided that it was no longer needed to do
preclearance in the United States because the evidence did not suggest
it. But what this bill seeks to do is unleash preclearance across the
entire United States with no evidence for it being needed, the evidence
that did exist in 1965.
Mr. Speaker, I represent such a county today, and something tells me
that in 1965, I wouldn't have represented that county then at that
time. I do today. The evidence is clear. There is no reason to unleash
preclearance on the United States, no need at all. The other provisions
of the 1965 Voting Rights Act still exists today and will continue to
exist. But the preclearance provision is no longer needed.
So what is this really about? This is really about making sure that
politicians have direct control over how elections are going to be
administered in the several States which, by the way, is a violation of
the United States Constitution. Voting laws are supposed to be enacted
by State legislatures, not here in Congress. That is the way the
Constitution is written.
So I think this is a bad bill. We should not be doing this, let alone
funding, doing public financing of Federal elections. Why would we ever
want to do anything like that? We have more than enough money in our
elections. We seem to spend billions of dollars every cycle doing this
stuff. We want more? We want to take it from the taxpayer? It is
outrageous. Vote ``no'' on this measure.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), my friend, the distinguished Democratic leader.
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I am old enough to have grown up and become cognizant of
public affairs in the late 1950s and early 1960s. It is ironic that
today, I am hearing the language of interposition of States' rights.
There were a lot of States' rights in the 1950s and the 1940s and
1960s. And John Lewis will tell you those States' rights kept people
from voting, from participating, from playing a role.
Now, we have legislation before us that will ensure, as the Voting
Rights Act of 1965 assured, that people would not be shut out by
States' rights by people who wanted to keep certain other people from
voting and participating in their State's elections, in their county's
election, in their municipal election, in their city election.
I have heard a lot about States' rights. I am old enough to have
heard about what States' rights meant. They meant don't butt in to
assure that

[[Page H163]]

every United States citizen, one nation, under God, indivisible. But we
were divisible. We were divisible by color and by other arbitrary and
unjustified distinctions. So we are here today to say that is not
America. That is not one nation under God, indivisible.
So, yes, all the States will be covered because we want all States to
comply, and they will not have a thing to worry about under this
legislation if they have not had violations within the 20-year period.
Mr. Speaker, on Monday, we will mark what would have been Dr. Martin
Luther King, Jr.'s, 93rd birthday. When he was born in 1929, it had
only been 9 years, just 9 years from the date of his birth that women
were given the opportunity to vote in America. How sad that it took us
so long. When he was born in 1929, it had only been 9 years since the
19th amendment had been passed, and it had only been 64 years since the
amendments ending slavery and ostensibly guaranteeing the right to vote
for African Americans.
But that constitutional amendment was not honored. And ways and means
were found to prevent people from voting, from registering. And so,
yes, the Supreme Court passed the decision in Shelby v. Holder, Shelby
in Alabama, a county that had discriminated greatly and was
discriminating at that point in time. And as soon as the Supreme Court
said this is no longer necessary, we saw a cascade of new laws to
restrict access to the ballot box--a cascade.
When Dr. King was born, neither African-American men or African-
American women could cast ballots and participate in our democracy in
many States and jurisdictions, North and South. Before he was killed,
at just 39 years of age, Dr. King led a movement to correct the
injustices that had come about because for so long many Americans had
no recourse to participate in our democracy or pursue opportunities
equally because their States felt they had the right to discriminate.
That is what State rights were in my generation. And apparently, the
concept still exists, but that is the right.
The right to vote is the guarantee to all others. Dr. King joined by
other giants of the Civil Rights Movement, including our dear friend
and brother. My, my, my, G.K. and I were just saying how sad we are
that John Lewis is not on this floor, who gave blood and almost his
life but lived his life to assure that every American had the right to
vote and was facilitated in that right.
Dr. King, joined by other giants of the Civil Rights Movement,
including our friend and brother, John Lewis, used the tools of
nonviolent, peaceful protest in organizing to expose the hypocrisy of a
system that called itself a democracy but did not allow all of its
citizens to share in electing leaders.
Each year, on Martin Luther King, Jr.'s, birthday, Americans reflect
on the lessons of his life and on the Civil Rights Movement as though
they formed a chapter in America's past. Would that they mirrored
simply the past. But if we look around us today, there can be no doubt
that the fight for our democracy is very much a part of our present.
Now, this is a radical bill that will allow process of the United
States Senate that is a failing practice. The majority will rule on
debating this bill--the majority. It is not a radical proposal that the
majority of the Senate that is for this bill. When people get up and
say, Oh, this bill can't pass. The only reason it can't pass is because
the minority will stop it, if they can. I hope they can't. I hope they
change the rules. I am an opponent of the filibuster. It is
undemocratic, and as Hamilton said, it poisons democracy.
The right to vote has not been so endangered since Dr. King walked
among us. But there is a remedy. It is not perfect but it will go a
long way toward turning back the tide of voter suppression in
protecting the fundamental right to vote. One nation, under God,
indivisible. All of us could vote. The legislation incorporated into
this bill represents the boldest and most consequential voting rights
reforms in a generation.
I was the sponsor of the Help America Vote Act. It was called then a
very consequential bill. It was not nearly as consequential as this
bill will be in empowering every person eligible to vote. And by the
way, every citizen, from my perspective, to vote, so there is no
mischaracterization of my view.
Mr. Speaker, I thank Chairman Nadler, Representative Sewell,
Representative Sarbanes, Chairwoman Beatty, and the entire
Congressional Black Caucus, and literally hundreds of Members who
through the years have fought to protect this sacred right.
In addition to providing for automatic online and same-day voter
registration, the Freedom to Vote Act will make Election Day a Federal
holiday--a holy day, if you will--in the pursuit of our secular
commitment to democracy. It will guarantee at least 15 days of early
voting.
Isn't that terrible? Well, it must be terrible because many States
throughout the country are cutting those days down. Why? I don't know.
If you vote on Tuesday as opposed to Thursday, is there more fraud
involved? I don't know. It will guarantee those days and two weekends
while ending requirements for difficult-to-obtain photo ID. It doesn't
eliminate ID. If States have ID, it does not eliminate that.
Importantly, this legislation will restore voting rights to those who
have paid their debts to society. And it will ensure that those who
cast eligible ballots provisionally in the wrong precincts will still
have their votes counted.
As the sponsor of the Help America Vote Act in 2002, that provision
was in the Federal law. This bill would limit partisan gerrymandering
and remove the corrosive influence of dark money. My mother used to
tell me, consider the source. If the money is dark and you don't know
who is paying the bill for the talk that is being given to you, you
can't make that judgment. You can't determine who the source is. When
it comes to defending the integrity of our elections and our democracy,
this legislation is absolutely needed in America.
Not only will it prohibit the removal of election officials without
cause, which is happening because a President calls up and says,
``Can't you find some more votes?'' That was the asking of some elected
official, Secretary of State of Georgia, to commit a crime. Talk about
fraud in elections.
This will enable the EAC to provide State and local boards of
election with grants to upgrade outdated voting equipment and protect
against hackers and cyber threats. It wasn't until 2003 that the
Federal Government paid part of the election costs incurred in electing
Federal officials, also restoring the full force of the 1965 Voting
Rights Act, which was undermined by Shelby v. Holder, applying it to
every State--not discrimination.
If you break the law in any State, if you preclude people from
legitimate voting in any State, you are covered under this legislation.
We don't pick out any actor. Every State is included. We apply it to
every State. And updating it for the 21st century, the Freedom to Vote
Act has the power to restore trust that our elections are fair and that
every eligible voter will be able to participate.
House Democrats have passed voting rights measures multiple times,
this Congress sending both H.R. 1 and H.R. 4 to the Senate. The
majority is for it, but the filibuster stops it. The minority controls
the majority.

{time} 1015

Madison said that was not democracy. Now, the Senate must act.
Mr. Speaker, I urge Senators to come together on Monday and approve
this historic voting rights legislation for our time. We have the
opportunity.
I share G. K. Butterfield's sadness that John Lewis is not on this
floor to cast his vote. Very frankly, I would have yielded all the time
I have taken to John Lewis to talk to us about how important this
legislation is and how many people gave their lives and their blood and
their time and their talent to accomplish an America where no person
would be shut out of the ballot box.
In future years, I hope Americans will be able to celebrate Martin
Luther King Jr. Day by reflecting not only on how our country overcame
Jim Crow in the 20th century but how we prevented its return in 2022.
I know we have heard, ``Oh, this is not Jim Crow.'' No matter how
subtle the discrimination may be, it is discrimination.

[[Page H164]]

I ask Members to cast your vote for this bill today, so our citizens
can cast their votes without hindrance and share equally in the making
of our laws and in the shaping of our future. Vote ``yes.''
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from North Carolina (Mr. Bishop).
Mr. BISHOP of North Carolina. Mr. Speaker, I thank the gentleman for
yielding.
In the lengthy oration of the 1 minute from the majority leader, I
agreed with one word, that this is a radical bill. And the majority
leader's argument is a ``throwing the baby out with the bathwater''
argument.
The States in this country remain a bulwark of democracy. The
rhetoric from Democrats is that democracy itself won't survive without
their elections bill. Well, nothing speaks of preserving our democracy
like a late-night gut and replace in the Rules Committee. A bill about
NASA gets 700-plus pages added and a floor vote within 18 hours.
Nothing speaks of preserving our democracy like giving Washington
control of voter ID laws when 35 elected State legislatures have
adopted them and 74 percent of the people favor them. People in my
State voted to put it in our State constitution. Most believe elections
should be made more secure.
Nothing speaks more of preserving our democracy than shifting the
power to set election law from 50 decentralized States, where
legislatures controlled by different parties have predominantly held
and exercised that power for all 233 years of our experience under the
Constitution, and centralizing that power in a single agency, the
Department of Justice, at any time controlled by one party.
Nothing speaks of preserving our democracy like abandoning historic
parliamentary norms to accomplish this radical transformation with bare
majorities in both Houses of Congress without one vote from the
minority party.
Democrats may continue gerrymandering in Illinois and Maryland with
abandon, but they assure you that if you just put all control of
elections into their hands in Washington, they will save democracy for
you. It calls to mind the iconic Vietnam-era phrase: ``We had to burn
the village to save it.''
America, that is Democrats' message to you. They will burn your
democracy to the ground in order to save it. And they can't let
anything stop them from getting it done before they face your verdict
this November.
Mr. BUTTERFIELD. Mr. Speaker, I would ask my friend from North
Carolina to refer to the bill section that refers to voter ID. It
simply says this bill sets uniform national standards for States that
choose to require identification to vote.
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from
California (Ms. Pelosi), the Speaker of the House of Representatives.
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding and for
his leadership.
Mr. Speaker, today our Nation faces the most dangerous assault on the
vote since Jim Crow. Last year alone, more than 440 draconian voter
restrictions have been introduced across 49 States, with at least 19
States enacting 34 measures into law. This legislation seeks not only
to suppress access to the ballot but empowers States to nullify
election results entirely. That is the legislation that I referenced
across the country.
This sinister campaign has particularly targeted communities of
color. As the Committee on House Administration proved in last summer's
report, partisan forces are accelerating a sinister campaign to silence
the voices of color in particular.
There are four things, just four things, I want people to know about
the Freedom to Vote: John R. Lewis Act, four things to remember, and
one observation, the four reasons why every Member should vote for this
bill today.
First, it ends shameful voter suppression and election subversion,
which lets local officials simply choose winners and losers based on
their own political interests. Nullification of elections, vote ``no''
on that.
Secondly, it ends partisan gerrymandering so that the redistricting
process will meet the standards of the Constitution, of the Voting
Rights Act, and keep communities of interests together.
One, stopping voter suppression and election nullification; two,
ending partisan gerrymandering.
Third, it stops big, dark, special interest money, which is
suffocating the airwaves with misrepresentations, which does suppress
the voices of the American people. Get rid of big, dark money. People
can still give their big, dark, special interest money, but they have
to disclose it so that the public knows.
Fourth, this legislation empowers the grassroots by rewarding their
participation in our democracy and amplifying a voice and, yes, the
power of matching their small-dollar contributions.
Hear this: There are no taxpayer dollars involved in that, no matter
what you might hear them misrepresent. No taxpayer dollars.

Four things: end voter suppression and election nullification; end
political gerrymandering; end big, dark, special interest money
crushing the political system; and reward the grassroots. That is in
the Freedom to Vote Act.
In the John R. Lewis Act, which is part of what we are voting on
today, I just want to be clear: The Voting Rights Act has been strongly
bipartisan. Indeed, Republican Presidents Nixon, Ford, Reagan, George
Herbert Walker Bush, and George W. Bush, who signed the most recent
Voting Rights Act, which received like 390 votes in the House,
unanimous in the Senate--it was signed by George W. Bush. It was
bipartisan.
Four times the Congress has reauthorized the Voting Rights Act in a
bipartisan way. This is the first time we have the assault that we have
on that.
I am very, very proud of the House of Representatives, Mr. Speaker,
because we have twice passed the For the People Act, which is to
protect our vote, and the John R. Lewis Voting Rights Advancement Act.
Even before he passed and had this named in his honor, we passed it
once.
The House has made it clear: We stand with the people in the fight
for voting rights.
Mr. Speaker, in closing, I want to commend Mr. Butterfield for his
leadership on all of this, going around the country; John Sarbanes,
the author of the For the People Act; Terri Sewell, the author of the
Voting Rights Act; Zoe Lofgren, the chair of the House Administration
Committee; and Mr. Nadler, the chair of the Judiciary Committee. I also
want to acknowledge the work of Jim McGovern, the chair of the Rules
Committee, who has brought these bills to the floor time and time
again.
This is a day when Democrats will once again take a strong step to
defend our democracy as we send the Freedom to Vote: John R. Lewis Act
to the Senate for urgent consideration. Nothing less is at stake than
our democracy.
Mr. Speaker, I urge a strong, bipartisan ``aye'' vote on this
legislation.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Fitzgerald).
Mr. FITZGERALD. Mr. Speaker, today I rise in objection to H.R. 5746,
which is the latest attempt by my colleagues on the other side of the
aisle to ignore the 10th Amendment and dump on the State legislatures
of this Nation, basically telling them, ``You are incompetent,'' not to
mention the clerks.
Democrats first tried to barge through the front door of election
administration with H.R. 1. After that failed, they tried an overhaul
on the backdoor functions. And this bill represents a full-blown
takeover.
The supposedly slimmed-down bill would still override State laws by
creating a Federal right to no-excuse mail-in voting and requires
States to accept late-arriving ballots as long as they have timely
postmarks. It is kind of a joke.
It would automatically give felons the right to vote. Great.
It would also override State voter ID requirements. Only a few months
ago, Mr. Speaker, many of my colleagues on the other side of the aisle
argued that voter ID laws suppressed voter turnout, only to flip-flop
once they saw that the public overwhelmingly supports proof of identity
before casting a ballot--80 percent in some States.

[[Page H165]]

Mr. Speaker, I am proud to have implemented strong voter ID laws
during my time in the Wisconsin legislature. Unfortunately, leading up
to the 2020 election, I saw these protections steamrolled under the
guise of the pandemic.
Let's talk about the Supreme Court. In 2013, a decision recognized
that we are no longer living in the Jim Crow era. The original Voting
Rights Act worked, and extreme policies like preclearance are no longer
required.
Allegations that election integrity measures that have been adopted
by States, such as Texas and Georgia, amount to anything close to Jim
Crow-era restrictions is a slap in the face to those who endured real
discrimination.
There is no voting rights crisis. This is not about ensuring access
to the polls. This is about taking power from the State legislatures
and concentrating our election systems in the hands of Federal
bureaucrats.
Mr. BUTTERFIELD. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from South Carolina (Mr. Clyburn), the Democratic whip, who
has led the way in this House and the South for generations.
Mr. CLYBURN. Mr. Speaker, I thank the gentleman from North Carolina
for yielding me this time.
Mr. Speaker, I rise to urge passage of this legislation carrying the
Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act
to the Senate for immediate consideration to safeguard our most
fundamental constitutional right, the right to vote.
We took an oath to protect this country from all threats, foreign and
domestic. Today, we face a domestic threat from those seeking to gain
and hold power by suppressing votes and nullifying election results.
Congress must combat this threat by ensuring equal and unencumbered
access to the ballot box and ensuring an accurate vote count.
It is time to choose. Will we uphold our oath and protect this
fragile democracy, or will we subvert the Constitution and fetter the
franchise?
I want to remind the previous speaker that we did not have Jim Crow
before there was Jim Crow, and we had it until 1954. I used to teach
this stuff called history, and I will say to my colleagues: Anything
that has happened before can happen again.
It was the lack of the vote that had 95 years between George
Washington Murray, who was the last African American to represent South
Carolina here in this body, until I came along in 1992--95 years.
Why?
Because the right to vote was taken away and election results were
nullified. We are not going back.
Mr. RODNEY DAVIS of Illinois. I reserve the balance of my time, Mr.
Speaker.

{time} 1030

Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Maryland (Mr. Raskin), who is a member of the coveted
House Committee on House Administration.
Mr. RASKIN. Mr. Speaker, our colleagues object to guaranteeing the
peoples' right to vote through the vehicle of a NASA bill of all
things. A quarter of a century ago Republicans changed Texas State law
to permit astronauts to vote absentee from space. They want to make it
easier to vote from space, and they want to make it harder to vote on
Earth.
In the last election, tens of thousands of citizens in Texas waited
in line for 6 hours to vote and an astronaut on the International Space
Station could have orbited planet Earth four times in the 6 hours that
Texas forced some of its citizens to wait in line to vote.
Across the country it is voter suppression, GOP gerrymandering of our
districts, rightwing Supreme Court packing and judicial activism to
destroy the voting rights in cases like Shelby County v. Holder and
Brnovich and deployment of the filibuster to block voting rights
legislation--the whole matrix of GOP democracy suppression today.
It is time to protect the right to vote here on Earth. If it takes a
NASA bill to do it, then I invite my GOP colleagues to boldly go where
none of them have ever gone before--to planet Earth on a mission to
defend the voting rights of the people.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield 2 minutes to the
gentleman from Georgia (Mr. Loudermilk).
Mr. LOUDERMILK. Mr. Speaker, I rise today obviously in strong
opposition to this latest attempt by my colleagues on the other side to
enact a Federal takeover of elections and continue their tactics that
they have used consistently in this Congress and the last Congress to
hide the intent of what they are doing.
Make no mistake, this legislation is an attempt to circumvent State
legislatures' constitutional authority to set election laws, laws like
the one recently passed in Georgia that maximizes--maximizes--voter
access and protects the integrity of every legal ballot.
One-size-fits-all government has never worked in a diverse and free
society like we have here in the United States of America. One size
fits all is synonymous with dictatorial regimes, Socialist societies,
and Communist countries--governments that keep control over the people
by stripping the authority from the hands of local officials that were
elected by the people to represent them.
This is what this bill does. To be clear, the goal of strong central
governments and strong federal governments is to have a homogeneous
society that is easily controlled. Our society is diverse: diversity of
thought, diversity of action, and diversity of speech. But the actions
of my colleagues on the other side is to have a homogeneous society to
where right and wrong is no longer determined by personal conviction or
faith but what the Federal Government has determined is right and
wrong.
You don't have to look any further, Mr. Speaker, of how the right to
determine your own healthcare has been stripped away by my colleagues
on the other side where people can no longer determine what they will
and will not put into their body.
The Constitution protects the ideas of individual liberty and
federalism to where government is strongest at the local level. This
bill disregards State voter IDs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I yield the gentleman from
Georgia an additional 15 seconds.
Mr. LOUDERMILK. One thing I want to bring up that is homogeneous when
it comes to campaign elections, Mr. Speaker, we live in an independent,
diverse society where local governments are the greatest authority over
the people. This is a takeover by the Federal Government to create a
homogeneous society where everyone acts, thinks, and works according to
the Federal Government.
Oppose this legislation.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Aguilar), who is the distinguished vice-chair of the
Democratic Caucus and, I might say, a member of the Elections
Subcommittee of which I have the honor to chair.
Mr. AGUILAR. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I rise in support of the Freedom to Vote: John R. Lewis
Act, legislation that would protect the right to vote and strengthen
our democracy.
This week we heard President Biden, traveling to the home of our late
colleague, John Lewis, rally the Nation around the need to protect and
expand the right to vote.
Today, we will pass this legislation in honor of John's name. But in
order to honor our colleague, we must make good on our commitment. We
must pass this legislation in both Chambers without delay. We must also
make clear, as President Biden did this week, that there is nothing
more important--no rules or procedures--than the health of our
democracy. There is far too much at stake to let tradition get in the
way of real progress.
I know from my work on the committee and the Select Committee to
Investigate the January 6th Attack on the U.S. Capitol that the
concerns about the future of the American system--the consent of the
governed--are well-founded.
Mr. Speaker, every Member of this body has a choice today, and the
world will remember where we stood. I am proud to stand on the side of
democracy, on the side of making it easier to

[[Page H166]]

vote--not more difficult--and on the side of the people because the
American people are with us. This is not a Democrat or Republican
issue.
Mr. Speaker, I urge my colleagues to support this bill and pass this
legislation.

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I reserve the balance of
my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield 1 minute to the gentlewoman
from Selma, Alabama (Ms. Sewell), who is my dear friend and a sponsor
of the John R. Lewis Voting Rights Advancement Act.
Ms. SEWELL. Mr. Speaker, as you know, voting rights are personal to
me. It was in my hometown in 1965 on a bridge in Selma, Alabama, where
John Lewis and the foot soldiers shed blood for the equal right of all
Americans to vote. Fifty-six years later old battles have become new
again as State legislatures erect direct barriers to the ballot box--
400 bills introduced and 34 passed in 19 States.
Once again, our Nation is at an inflection point. Today, the House of
Representatives will, once again, send voting rights over to the
Senate, and it must pass, Mr. Speaker.
I implore our Senators: Do what is right. You have changed your rules
150 times, most recently to raise the debt ceiling. If you can protect
the full faith and credit of the United States, then surely you can
protect the democracy.
The time is now. What we need is courage.
As we prepare to observe the birthday of Dr. Martin Luther King, let
us remember that justice delayed can be justice denied.
Senators, we need your leadership. We need it now.
The SPEAKER pro tempore. Members are reminded to address their
remarks to the Chair.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I appreciate that
reminder.
Mr. Speaker, I yield 1 minute to the gentlewoman from the State of
Arizona (Mrs. Lesko).
Mrs. LESKO. Mr. Speaker, Republicans are trying to protect everyone's
right to vote and the integrity of the election.
It boggles my mind that in some cities in the United States
noncitizens are allowed to vote and here in Washington, D.C., and other
cities when we go to a restaurant, we need to show our vaccination
database passport saying that we are fully vaccinated before we are
allowed to enter, but yet my Democrat colleagues don't seem to want
voter ID.
In the State of Arizona, we have a law in place that requires a voter
ID to vote. We also have a law in place that was held up by the courts
that prohibits ballot harvesting. Yet it continues to boggle my mind
that our Democrat colleagues want to undo what the States have done and
undo States' rights.
I am opposed to this bill.
Mr. BUTTERFIELD. Madam Speaker, I want to remind my friend from
Arizona who just spoke that this bill sets uniform national standards
for States that choose to require identification to vote. The bill
gives States the flexibility--flexibility--to choose whether to require
voter IDs. It is not a mandatory voter ID law.
Madam Speaker, I yield 1 minute to the gentleman from New York (Mr.
Jones), who is a thoughtful leader on the Committee on the Judiciary.
Mr. JONES. Madam Speaker, my colleagues across the aisle have asked
why we are voting today to protect our democracy.
The answer is as clear to me as it is unimaginable to them: for the
people. This one is for the people who made today possible, for the
young people who cast their first votes in 2020 and for the seniors who
cast their first votes in 1966 after the passage of the original Voting
Rights Act.
It is for the people who, like John Lewis, put their lives on the
line on Bloody Sunday and for the people who risked their lives to
overcome racist voter suppression at the height of this pandemic.
It is for people like my mentor and professor, the late Lani Guinier,
mother of the 1982 amendments to the Voting Rights Act.
It is for the people who don't have a vote but who do have a voice.
Voting rights are preservative of all other rights. But time is
running out. We can still have a democracy, Madam Speaker, but only if
we pass this legislation.
Mr. RODNEY DAVIS of Illinois. I reserve the balance of my time, Madam
Speaker.
Mr. BUTTERFIELD. Madam Speaker, I yield 1 minute to the gentlewoman
from Connecticut (Ms. DeLauro), who is my friend and chair of the
Appropriations Committee who stays in perpetual motion.
Ms. DeLAURO. Madam Speaker, ensuring all Americans can freely
participate in the electoral process is a bedrock of our democratic
society. Today in this country we are witnessing an attack on that
sacred right to vote, restricting voting access. We must act to restore
Federal oversight. What we do will determine the course of our
democracy for generations to come.
Our late colleague, John Lewis, shed blood for the right of all
Americans to vote. Let us honor the legacy of those who fought to
protect voting rights and pass this critical legislation.

President Biden made our choice today clear:
``Will we choose democracy over autocracy, light over shadows,
justice over injustice?''
Like the President, I know where I stand.
Madam Speaker, I urge my colleagues to join me in voting for the
Freedom to Vote: John R. Lewis Act.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I reserve the balance of
my time.
Mr. BUTTERFIELD. Madam Speaker, may I inquire about how much time
each side has remaining.
The SPEAKER pro tempore (Ms. Clark of Massachusetts). The gentleman
from North Carolina has 6\1/2\ minutes remaining. The gentleman from
Illinois has 2\1/4\ minutes remaining.
Mr. BUTTERFIELD. Madam Speaker, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson Lee), my friend who is another Member who stays
in perpetual motion and who is a senior member on the Judiciary
Committee.
Ms. JACKSON LEE. Madam Speaker, I am grateful for the distinguished
leader of this debate, Mr. Butterfield, and his service to this Nation.
Madam Speaker, this is a somber, sacred moment in our lives on this
floor. I stand here in the name of the blood shed by those foot
soldiers, Dr. Martin Luther King and John Robert Lewis, who shed his
blood on the Edmund Pettus Bridge.
My friends who vote ``no'' today will disregard and ignore that
bloodshed. I refuse to ignore the blood that was shed for the right to
vote.
As a member of the House Judiciary Committee, this committee built
over the course of 13 hearings in two Congresses led by Jerry Nadler
and Steve Cohen the record for the John Robert Lewis bill, and for
that I am grateful, for I stand as a victim of the lack of
preclearance.
The bills that we have will eliminate a legislature, as a Texas bill
states, to overturn duly voters' choice. It will prevent the purging of
voters which happens all the time. It will protect you at the polls,
Madam Speaker, and it will disallow people from interfering with your
vote. It is now a sacred honor and charge. We must vote now in the name
of Martin King and John Robert Lewis. We cannot do any less. The Senate
must do its job.
Madam Speaker, as a senior member of the Committees on the Judiciary,
on Homeland Security, and on the Budget, and the Congressional Black
Caucus, I am pleased to co-anchor this Congressional Black Caucus
Special Order with my colleague, the distinguished gentleman from New
York, Congressman Ritchie Torres.
I thank the Chair of the CBC, Congresswoman Beatty of Ohio, for
organizing this Special Order to discuss the reasons why the CBC strong
supports H.R. 4, the John Lewis Voting Rights Advancement Act, which
for nearly 50 years protected the most precious of all rights of a
citizen in a democracy--the right to vote--until it was seriously
undermined by the right-wing conservative majority of the United States
Supreme Court, starting with the outrageously wrong decision in Shelby
County v. Holder, 570 U.S. 193 (2013), and exacerbated by Brnovich v.
DNC, 594 U.S. __, No. 19-1257 and 19-1258 (July 1, 2021).
Over the next hour, several of our colleagues will share their
perspectives on why it is essential that it is urgent and essential to
correct these miscarriages of justice by passing H.R. 4, H.R. 4, the
John Lewis Voting Rights Advancement Act.

[[Page H167]]

Madam Speaker, as a senior member of the Judiciary Committee and an
original cosponsor, let me say plainly at the outset that H.R. 4, the
John Lewis Voting Rights Advancement Act, corrects the damage done in
recent years to the Voting Rights Act of 1965 and commits the national
government to protecting the right of all Americans to vote free from
discrimination and without injustices that previously prevented them
from exercising this most fundamental right of citizenship.
I thank my CBC colleague, Congresswoman Terri Sewell of Alabama for
introducing this legislation, to Speaker Pelosi, Chairman Nadler, and
the Democratic leadership, and to the many colleagues and countless
number of ordinary Americans who never stopped agitating and working to
protect the precious right to vote.
Madam Speaker, in response to the Supreme Court's invitation in
Shelby County v. Holder, 570 U.S. 193 (2013), H.R. 4 provides a new
coverage formula based on ``current conditions'' and creates a new
coverage formula that hinges on a finding of repeated voting rights
violations in the preceding 25 years.
It is significant that this 25-year period is measured on a rolling
basis to keep up with ``current conditions,'' so only states and
political subdivisions that have a recent record of racial
discrimination in voting are covered.
States and political subdivisions that qualify for preclearance will
be covered for a period of 10 years, but if they have a clean record
during that time period, they can be extracted from coverage.
H.R. 4 also establishes ``practice-based preclearance,'' which would
focus administrative or judicial review narrowly on suspect practices
that are most likely to be tainted by discriminatory intent or to have
discriminatory effects, as demonstrated by a broad historical record.
Under the bill, this process of reviewing changes in voting is
limited to a set of specific practices, including such things as:
1. Changes to the methods of elections (to or from at-large
elections) in areas that are racially, ethnically, or linguistically
diverse.
2. Redistricting in areas that are racially, ethnically, or
linguistically diverse.
3. Reducing, consolidating, or relocating polling in areas that are
racially, ethnically, or linguistically diverse; and
4. Changes in documentation or requirements to vote or to register.
It is useful, Madam Speaker, to recount how we arrived at this day.
Madam Speaker, fifty-six years ago, in Selma, Alabama, hundreds of
heroic souls risked their lives for freedom and to secure the right to
vote for all Americans by their participation in marches for voting
rights on ``Bloody Sunday,'' ``Turnaround Tuesday,'' or the final,
completed march from Selma to Montgomery.
Those ``foot soldiers'' of Selma, brave and determined men and women,
boys and girls, persons of all races and creeds, loved their country so
much that they were willing to risk their lives to make it better, to
bring it even closer to its founding ideals.
The foot soldiers marched because they believed that all persons have
dignity and the right to equal treatment under the law, and in the
making of the laws, which is the fundamental essence of the right to
vote.
On that day, Sunday, March 7, 1965, more than 600 civil rights
demonstrators, including our beloved colleague, Congressman John Lewis
of Georgia for whom this important legislation is named, were brutally
attacked by state and local police at the Edmund Pettus Bridge as they
marched from Selma to Montgomery in support of the right to vote.
``Bloody Sunday'' was a defining moment in American history because
it crystallized for the nation the necessity of enacting a strong and
effective federal law to protect the right to vote of every American.
No one who witnessed the violence and brutally suffered by the foot
soldiers for justice who gathered at the Edmund Pettus Bridge will ever
forget it; the images are deeply seared in the American memory and
experience.
On August 6, 1965, in the Rotunda of the Capitol President Johnson
addressed the nation before signing the Voting Rights Act:
``The vote is the most powerful instrument ever devised by man for
breaking down injustice and destroying the terrible walls which
imprison men because they are different from other men.''
The Voting Rights Act of 1965 was critical to preventing brazen voter
discrimination violations that historically left millions of African
Americans disenfranchised.
In 1940, for example, there were less than 30,000 African Americans
registered to vote in Texas and only about 3 percent of African
Americans living in the South were registered to vote.
Poll taxes, literacy tests, and threats of violence were the major
causes of these racially discriminatory results.
After passage of the Voting Rights Act in 1965, which prohibited
these discriminatory practices, registration and electoral
participation steadily increased to the point that by 2012, more than
1.2 million African Americans living in Texas were registered to vote.
In 1964, the year before the Voting Rights Act became law, there were
approximately 300 African-Americans in public office, including just
three in Congress.
Few, if any, African Americans held elective office anywhere in the
South.
Because of the Voting Rights Act, in 2007 there were more than 9,100
black elected officials, including 46 members of Congress, the largest
number ever.
Madam Speaker, the Voting Rights Act opened the political process for
many of the approximately 6,000 Hispanic public officials that have
been elected and appointed nationwide, including more than 275 at the
state or federal level, 32 of whom serve in Congress.
Native Americans, Asians, and others who have historically
encountered harsh barriers to full political participation also have
benefited greatly.
The crown jewel of the Voting Rights Act of 1965 is Section 5, which
requires that states and localities with a chronic record of
discrimination in voting practices secure federal approval before
making any changes to voting processes.
The preclearance requirement of Section 5 protects minority voting
rights where voter discrimination has historically been the worst.
Between 1982 and 2006, Section 5 stopped more than 1,000
discriminatory voting changes in their tracks, including 107
discriminatory changes right here in Texas.
Passed in 1965 with the extraordinary leadership of President Lyndon
Johnson, the greatest legislative genius of our lifetime, the Voting
Rights Act of 1965 was bringing dramatic change in many states across
the South.
But in 1972, change was not coming fast enough or in many places in
Texas.
In fact, Texas, which had never elected a woman to Congress or an
African American to the Texas State Senate, was not covered by Section
5 of the 1965 Voting Rights Act and the language minorities living in
South Texas were not protected at all.
But thanks to the Voting Rights Act of 1965, Barbara Jordan was
elected to Congress, giving meaning to the promise of the Voting Rights
Act that all citizens would at long last have the right to cast a vote
for person of their community, from their community, for their
community.
Madam Speaker, it is a source of eternal pride to all of us in
Houston that in pursuit of extending the full measure of citizenship to
all Americans, in 1975 Congresswoman Barbara Jordan, who also
represented this historic 18th Congressional District of Texas,
introduced, and the Congress adopted, what are now Sections 4(f)(3) and
4(f)(4) of the Voting Rights Act, which extended the protections of
Section 4(a) and Section 5 to language minorities.
We must remain ever vigilant and oppose all schemes that will abridge
or dilute the precious right to vote.
Madam Speaker, I am here today to remind the nation that need to pass
this legislation is urgent because the right to vote--that ``powerful
instrument that can break down the walls of injustice''--faces grave
threats.
The threat stems from the decision issued in June 2013 by the Supreme
Court in Shelby County v. Holder, 570 U.S. 193 (2013), which
invalidated Section 4(b) of the VRA, and paralyzed the application of
the VRA's Section 5 preclearance requirements.
Not to be content with the monument to disgrace that is the Shelby
County decision, the activist right-wing conservative majority on the
Roberts Court, on July 1, 2021, issued its evil twin, the decision in
Brnovich v. DNC, 594 U.S.__, No. 19-1257 and 19-1258 (July 1, 2021),
which engrafts on Section 2 of the Voting Rights onerous burdens that
Congress never intended and explicitly legislated against
Madam Speaker, were it not for the 24th Amendment, I venture to say
that this conservative majority on the Court would subject poll taxes
and literacy tests to the review standard enunciated in Brnovich v.
DNC.
According to the Supreme Court majority, the reason for striking down
Section 4(b) of the Voting Rights Act was that ``times change.''
Now, the Court was right; times have changed.
But what the Court did not fully appreciate is that the positive
changes it cited are due almost entirely to the existence and vigorous
enforcement of the Voting Rights Act.
And that is why the Voting Rights Act is still needed and that is why
we must pass H.R. 4, the John Lewis Voting Rights Advancement Act.
Let me put it this way: in the same way that the vaccine invented by
Dr. Jonas Salk in 1953 eradicated the crippling effects but did not
eliminate the cause of polio, the Voting Rights Act succeeded in
stymieing the practices that resulted in the wholesale
disenfranchisement of African Americans and language minorities but did
eliminate them entirely.

[[Page H168]]

The Voting Rights Act is needed as much today to prevent another
epidemic of voting disenfranchisement as Dr. Salk's vaccine is still
needed to prevent another polio epidemic.
As Justice Ruth Bader Ginsburg stated in Shelby County v. Holder,
``[t]hrowing out preclearance when it has worked and is continuing to
work to stop discriminatory changes is like throwing away your umbrella
in a rainstorm because you are not getting wet.''
Madam Speaker, in many ways my home state of Texas is ground-zero for
testing and perfecting schemes to deprive communities of color and
language minorities of the right to vote and to have their votes
counted.
Consider what has transpired in Texas in recent past, let alone the
noxious voter suppression bill, SB7, it is currently trying to ramrod
through the legislature.
Only 68 percent of eligible voters are registered in Texas and state
restrictions on third party registration, such as the Volunteer Deputy
Registrar program, exacerbate the systemic disenfranchisement of
minority communities.
These types of programs are often aimed at minority and underserved
communities that, for many, many other reasons (like demonization by
the president, for example) or mistrust of law enforcement are afraid
to live as openly as they should.
In Harris County, we had a system where voters were getting purged
from the rolls, effectively requiring people to keep active their
registrations and hundreds of polling locations closed in Texas,
significantly more in number and percentage than any other state.
In addition, the Texas Election Code only requires a 72-hour notice
of polling location changes.
Next, take what happened here in Texas in 2019 when the Texas
Secretary of State claimed that his office had identified 95,000
possible noncitizens on the voter rolls and gave the list to the Texas
State Attorney General for possible prosecution--leading to a claim
from President Trump about widespread voter fraud and outrage from
Democrats and activist groups.
The only problem was that list was not accurate.
At least 20,000 names turned out to be there by mistake, leading to
chaos, confusion, and concern that people's eligibility vote was being
questioned based on flawed data.
The list was made through state records going back to 1996 that show
which Texas residents were not citizens when they got a driver's
license or other state ID.
But many of the person who may have had green cards or work visas at
the time they got a Texas ID are on the secretary of state's office's
list, and many have become citizens since then since nearly 50,000
people become naturalized U.S. citizens in Texas annually.
Latinos made up a big portion of the 95,000-person list.
Texas Republicans adopted racial and partisan gerrymandered
congressional, State legislative redistricting plans that federal
courts have ruled violate the Voting Rights Act and were drawn with
discriminatory intent.
Even after changes were demanded by the courts, much of the damage
done was already done.
Reversing the position by the Obama administration, the Trump
Department of [in]Justice represented to a federal court that it no
longer believed past discrimination by Texas officials should require
the state to get outside approval for redistricting maps that will be
drawn in 2021.
In addition to affirmative ways to making it harder to vote, we also
now face other odious impediments in Texas.
Those of us who cherish the right to vote justifiably are skeptical
of Voter ID laws because we understand how these laws, like poll taxes
and literacy tests, can be used to impede or negate the ability of
seniors, racial and language minorities, and young people to cast their
votes.
This is the harm that can be done without preclearance, so on a
federal level, there is an impetus to act.
Those of us who cherish the right to vote justifiably are skeptical
of Voter ID laws because we understand how these laws, like poll taxes
and literacy tests, can be used to impede or negate the ability of
seniors, racial and language minorities, and young people to cast their
votes.
Consider the demographic groups who lack a government issued ID:
1. African Americans: 25 percent
2. Asian Americans: 20% percent
3. Hispanic Americans: 19 percent
4. Young people, aged 18-24: 18 percent
5. Persons with incomes less than $35,000: 15 percent
And there are other ways abridging or suppressing the right to vote,
including:
1. Curtailing or eliminating early voting;
2. Ending same-day registration;
3. Not counting provisional ballots cast in the wrong precinct on
Election Day will not count;
4. Eliminating adolescent pre-registration;
5. Shortening poll hours; and
6. Lessening the standards governing voter challenges thus allowing
self-proclaimed ``ballot security vigilantes'' like the King Street
Patriots to cause trouble at the polls.
The malevolent practice of voter purging is not limited to Texas; we
saw it in 2018 in Georgia, where then Secretary of State and now
Governor Brian Kemp purged more than 53,000 persons from the voter,
nearly the exact margin of his narrow win over his opponent, Stacy
Abrams in the 2018 gubernatorial election.
Voter purging is a sinister and malevolent practice visited on
voters, who are disproportionately members of communities of color, by
state and local election officials.
This practice, which would have not passed muster under section 5 of
the Voting Rights Act, has proliferated in the years since the Supreme
Court neutralized the preclearance provision, or as Justice Ginsburg
observed in Shelby County v. Holder, ``threw out the umbrella'' of
protection.
Madam Speaker, citizens in my congressional district and elsewhere
know and have experienced the pain and heartbreak of receiving a letter
from state or local election officials that they have been removed from
the election rolls, or worse, learn this fact on Election Day.
That is why I am very pleased that H.R. 4 includes language that I
worked hard to include in the Manager's Amendment to the Voting Rights
Advancement Act of 2019 that strengthens the bill's ``practice-based
preclearance'' provisions by adding specifically to the preclearance
provision, voting practices that add a new basis or process for
removing a name from the list of active registered voters and the
practice of reducing the days or hours of in-person voting on Sundays
during an early voting period.
For millions of Americans, the right to vote protected by the Voting
Rights Act of 1965 is sacred treasure, earned by the sweat and toil and
tears and blood of ordinary Americans who showed the world it was
possible to accomplish extraordinary things.
Madam Speaker, it is the responsibility and sacred duty of all
members of Congress who revere democracy to preserve, protect, and
expand the precious right to vote of all Americans by passing H.R. 4,
the John Lewis Voting Rights Advancement Act.
Madam Speaker, free and fair elections, along with open, ethical, and
honest government, provide the foundation of our democracy. But these
principles have been threatened in recent years by an unyielding
strategy of voter suppression and outright attacks on historical
statutes which were designed to protect voting rights.
On Tuesday, the President traveled to Atlanta to make the case for
the legislation that we bring to the floor today. My Judiciary
Committee colleagues and I have labored for the last two congresses,
holding more than a dozen hearings to build a record to demonstrate the
critical need for a revitalized Voting Rights Act after the erosion of
the Shelby County and Brnovich decisions.
We must continue to confront the anti-democratic intent of those
behind these discriminatory schemes--attempting to stop any practice
proven to bring more people to the polls--to cling to power in an
increasing multicultural America. Make no mistake, we vote at a
critical juncture in our Nation's history.
I urge all Members to join me in honoring the legacy of our beloved
colleague, the late John Lewis--who shed his blood to secure passage of
the Voting Rights Act--by supporting this vital legislation.
Madam Speaker, I rise in support of the House Amendment to the Senate
Amendment to H.R. 5746--the Freedom to Vote: John R. Lewis Act. This
measure would, among other things, revitalize and strengthen the Voting
Rights Act of 1965 to confront the onslaught of discriminatory voting
laws and practices that has emerged in recent years across the country.
Significant portions of this measure--in particular, the bulk of
Division D--rests on a substantial record that the House Judiciary
Committee built over the course of 13 hearings in two Congresses, led
by Judiciary Committee Chairman Jerrold Nadler and Constitution
Subcommittee Chairman Steve Cohen. This record documents the myriad
ways that the right to vote--the most fundamental right in a
democracy--remains under threat for too many Americans.
I also applaud Congresswoman Terri Sewell for introducing H.R. 4, the
John R. Lewis Voting Rights Advancement Act, which was ultimately
incorporated into this measure. I urge all Members to join me in
honoring the legacy of our beloved colleague, the late John Lewis--who
shed his blood to secure passage of the Voting Rights Act--by
supporting this vital legislation.
Make no mistake, we are at a critical juncture in our Nation's
history. The House faces a stark choice with this vote--protect
democracy or let it die.

[[Page H169]]

Madam Speaker, as Chair of the Judiciary Subcommittee on Crime,
Homeland Security, and Terrorism, and a senior member of the Homeland
Security, and Budget Committees, I rise in strong support of the rule
governing debate for the Senate Amendment to H.R. 5746, the ``Freedom
to Vote: John R. Lewis Act.''
We are here tonight because we must act.
On August 6, 1965, in the Rotunda of the Capitol President Johnson
addressed the Nation before signing the Voting Rights Act--considered
the most effective civil rights statute ever enacted by Congress:
``The vote is the most powerful instrument ever devised by man for
breaking down injustice and destroying the terrible walls which
imprison men because they are different from other men.''
This bill is the result of tireless work and compromise by my
colleagues in the House and my colleagues in the Senate.
The signing of the Voting Rights Act came after, in that same year,
in Selma, Alabama, hundreds of heroic souls risked their lives for
freedom and to secure the right to vote for all Americans by their
participation in marches for voting rights on ``Bloody Sunday,''
``Turnaround Tuesday,'' or the final, completed march from Selma to
Montgomery.
Those ``foot soldiers'' of Selma, brave and determined men and women,
boys and girls, persons of all races and creeds, loved their country so
much that they were willing to risk their lives to make it better, to
bring it even closer to its founding ideals.
The foot soldiers marched because they believed that all persons have
dignity and the right to equal treatment under the law, and in the
making of the laws, which is the fundamental essence of the right to
vote.
On that day, Sunday, March 7, 1965, more than 600 civil rights
demonstrators, including our beloved former colleague, the late
Congressman John Lewis of Georgia, were brutally attacked by state and
local police at the Edmund Pettus Bridge as they marched from Selma to
Montgomery in support of the right to vote.
``Bloody Sunday'' was a defining moment in American history because
it crystallized for the nation the necessity of enacting a strong and
effective federal law to protect the right to vote of every American.
However, since the enactment of the Voting Rights Act of 1965, the
right to vote has been under constant assault.
The Voting Rights Act was enacted at a time when many African
Americans in southern states had been denied the right to vote, and
when attempting to register, organize or even assist others in their
attempt to register to vote meant risking their jobs, homes, and racial
violence.
Prior to the enactment of the VRA, litigation initiated under the
Civil Rights Acts of 1957 and 1960 failed to eliminate discrimination
in voting because jurisdictions simply shifted to different tactics in
order to disenfranchise African Americans.
Nearly fifty-seven years later, we face another turning point in the
life of the Nation and for the dignity of men and women and the destiny
of democracy.
Although the Supreme Court has described the right to vote as the one
right that is preservative of all others, this ``powerful instrument
that canbreak down the walls of injustice''--faces grave threats.
The threat stems from the decision issued in June 2013 by the Supreme
Court in Shelby County v. Holder, 570 U.S. 193 (2013), which
invalidated Section 4(b) of the VRA, and paralyzed the application of
the VRA's Section 5 preclearance requirements.
According to the Supreme Court majority, the reason for striking down
Section 4(b) was that ``times change.''
Now, the Court was right; times have changed.
But what the Court did not fully appreciate is that the positive
changes it cited are due almost entirely to the existence and vigorous
enforcement of the Voting Rights Act, and that is why the Voting Rights
Act is still needed.
As Justice Ruth Bader Ginsburg stated in Shelby County v. Holder,
``[t]hrowing out preclearance when it has worked and is continuing to
work to stop discriminatory changes is like throwing away your umbrella
in a rainstorm because you are not getting wet.''
The current Supreme Court majority has simply never understood, or
refuses to accept, the fundamental importance of the right to vote,
free of discriminatory hurdles and obstacles.
In fact, were it not for the 24th Amendment, I venture to say that
this conservative majority on the Court would subject poll taxes and
literacy tests to the review standard enunciated in Brnovich v. DNC.
Protecting voting rights and combating voter suppression schemes are
two of the critical challenges facing our great democracy.
Without safeguards to ensure that all citizens have equal access to
the polls, more injustices are likely to occur and the voices of
millions silenced.
And this is exactly what we have seen over this past year.
The polarization of Americans is ever increasing, as seen during the
2020 election through tactics meant to impede the right of certain
Americans to vote, such as the removal of mailboxes and the closing of
postal stations in order to impede mail-in voting.
After the former president was soundly defeated at the ballot box in
what experts unanimously proclaim was the most secure election in
history, still the former president and his cronies propagated the Big
Lie that the election was illegitimate because it was rife with fraud.
The former president persisted in this specious claim even though,
despite ample opportunities to do so, they produced not a scintilla of
evidence to persuade any of the 61 state and federal courts that
entertained the claims.
But to this has been added reactionary state laws passed or
introduced to suppress, abridge, restrict, or deny the right to vote of
millions of eligible Americans, particularly persons of color, young
persons and persons with disabilities, and working parents, precisely
the constellation of persons whose votes determined the outcome of the
2020 presidential election.
In the aftermath of the 2020 election, according to the Brennan
Center For Justice, between January 1 and July 14, 2021, at least 18
states enacted 30 laws that restrict access to the vote, some making
mail voting and early voting more difficult, others imposing harsher
voter ID requirements, and making faulty voter purges more likely.
In total, more than 400 bills with provisions that restrict voting
access have been introduced in 49 states in the 2021 legislative
sessions.
My home state of Texas is ground zero for this desperate effort to
hold back an American future led by the ascendant coalition of young,
racially diverse and all other tolerant, imaginative, and innovative
voters who became energized and inspired by Barack Obama in 2008 and
the belief in a new and just America.
To combat not their ideas but instead their increasing numbers, the
Republican legislature and Governor of Texas passed and signed into law
SB1, which: bans drive-thru voting, 24-hour voting, and the
distribution of mail-in ballot applications; imposes new and extraneous
ID requirements for voting by mail; authorizing ``free movement'' to
partisan poll watchers, effectively turning them into vote suppression
vigilantes; requires monthly checks of voting rolls to facilitate
purging unwanted voters; and imposes onerous new rules for voter
assistance.
All of this is more than enough to sound the warning bell that we are
now engaged, as President Lincoln observed at Gettysburg, in a great
contest testing the proposition that this Nation, or any nation
conceived in liberty and dedicated to the proposition that all men and
women are created equal, can long endure.
This is the present crisis in which we find ourselves and it indeed
is soul trying.
But as Thomas Paine wrote on Christmas Eve in 1776:
``The summer soldier and the sunshine patriot will, in this crisis,
shrink from the service of their country; but he that stands by it now,
deserves the love and thanks of man and woman. Tyranny, like hell, is
not easily conquered; yet we have this consolation with us, that the
harder the conflict, the more glorious the triumph. What we obtain too
cheap, we esteem too lightly: it is dearness only that gives everything
its value.''
The work for civil rights and voting rights involved tens of
thousands of individuals who fought to correct the course of the Nation
by setting it on a path of equal rights and justice for all.
The efforts of Dr. Martin Luther King, Ralph Abernathy, Andrew Young,
Hosea Williams, Coretta Scott King, and John Robert Lewis, among
others, as well as the thousands of foot soldiers in the civil rights
movement succeeded in waking the Nation to the idea that change was
needed.
The result of their work was the establishment of protections that
allowed voters of every race, creed, color, and political belief to
cast ballots free of interference or threat.
The blood spilled during these difficult times is not forgotten by
the communities that saw and experienced these battles, which is why
laws like Texas SB1 cannot go unanswered by the United States House of
Representatives and Senate.
To meet the challenge we have been called upon to face and overcome,
what is needed is for men and women of courage, conscience, and
conviction to step forward and come to the aid of their country by
passing the Freedom to Vote: John R. Lewis Act to strengthen the
foundation of our democracy upon which all else depends, including the
important necessary investments to Build Back Better and mitigate the
effects of Climate Change.
I urge all of my colleagues to vote in favor of this rule governing
debate of Freedom to Vote: John R. Lewis Act.

[[Page H170]]

{time} 1045

Mr. RODNEY DAVIS of Illinois. Madam Speaker, I reserve the balance of
my time.
Mr. BUTTERFIELD. Madam Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Green), my friend and classmate from Houston, Harris
County.
Mr. GREEN of Texas. Madam Speaker, and still I rise. Our country has
a history of discriminating against people of color and women when it
comes to the right to vote.
But that all changed in 1965, when President Lyndon Johnson signed
the 1965 Voting Rights Act because, you see, prior to his signing that
act, in 1965, there were four Asian Members of Congress. In 2021, there
were 21 Members.
There were four Latino Members of Congress. In 2021, 54.
There were six Black Members of Congress. In 2021, 60.
And there were 18 women in Congress in 1965, and in 2021, there were
147.
We must restore the Voting Rights Act and protect democracy.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I continue to reserve
the balance of my time.
Mr. BUTTERFIELD. Madam Speaker, at this time in the interest of time,
I yield 30 seconds to the gentleman from Texas (Mr. Allred), my friend
from Dallas, who represents the 32nd Congressional District.
Mr. ALLRED. I thank the gentleman for yielding.
Madam Speaker, this should be a bipartisan vote. The right to vote
has been reauthorized, and the Voting Rights Act has been reauthorized
overwhelmingly by bipartisan majorities in this House, and unanimously
in the Senate.
My constituent, George W. Bush, signed the reauthorization of the
Voting Rights Act. But now it is time for us to not just restore the
Voting Rights Act, but to make sure that we expand voting rights across
the country, to give us a sword and a shield; the shield of the Voting
Rights Act to protect the right to vote, to protect changes; and the
sword of the Freedom to Vote Act and the expansions that it will
provide, to vote by mail, voter registration, and allow every single
American to make their voice heard in our elections.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I continue to reserve
the balance of my time.
Mr. BUTTERFIELD. Madam Speaker, again, how much time do I have
remaining?
The SPEAKER pro tempore. The gentleman from North Carolina has 4
minutes remaining.
Mr. BUTTERFIELD. Madam Speaker, I say to the gentleman that I am
prepared to close.
Mr. Davis is my friend, and I want the world to know that.
I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. The gentleman is also my friend. I
appreciate it. I enjoyed the debate and, Madam Speaker, I am prepared
to close, if I may.
Madam Speaker, I yield myself the balance of my time.
It is friendships like this with Mr. Butterfield, that I look around
this Chamber and I think we, as Americans, should be celebrating what
America is doing right. Look at the diversity of who serves here in the
U.S. House of Representatives.
The Voting Rights Act of 1965 was necessary to stop discrimination,
and it has worked.
But make no mistake, today's bill is not a voting rights bill.
Today's bill, unfortunately, is a bill that leads to lining your own
campaign coffers with public funds.
Now, Speaker Pelosi, the Speaker of the House, was here on the floor
today. And no matter how many times she says it, that there are no
taxpayer funds, it doesn't make it true.
Let me go through it. What happened is, the original H.R. 1 when
proposed last Congress did have taxpayer funding of political
campaigns, our own campaigns. But now they take the first ever
corporate money, through corporate fines. They put it into the
Department of the Treasury's laundering machine, and it comes out as
part of the Department of the Treasury. Those are not public funds.
Does that mean when you send your check to pay your taxes and it goes
to the Department of the Treasury, that those aren't public funds?
Every single person who votes ``yes'' for this bill that is not a
voting rights bill is voting to line their own campaign pockets. That
is not what the American people want.
Ninety-four percent of Americans said it is easy to vote. We have
asked, time and time again, give me one person to show up at a hearing
that said that they wanted to vote in the last election and couldn't,
not one person has walked through that door. Not one person has showed
up on a Zoom call, not one person.
Why in the world do we continue to try to gaslight the American
people into thinking that this is about voting rights? This is not
about voting rights. This about lining your own campaign coffers.
This is about breaking a tradition in the Senate. This is about
taking over and winning elections for one side over the other.
Vote ``no'' on this bill.
I yield back the balance of my time.
Mr. BUTTERFIELD. Madam Speaker, I yield myself as much time as I may
consume in order to close.
First of all, Madam Speaker, let me thank the gentleman from Illinois
(Mr. Rodney Davis) for his kind words.
When Members of Congress say to each other, ``you are my friend,'' I
just want the world to know that we mean that sincerely. Mr. Davis and
I are genuinely friends. I am the chairman of the subcommittee. He is
the ranking member of our full committee, and we have a whole
relationship. We respect each other. I thank Mr. Davis so much.
And I thank our chair of the full Committee on House Administration,
Congresswoman Zoe Lofgren, who allowed me to manage the floor today.
And I want to thank her for her leadership, not only on this committee,
but also on the Committee on the Judiciary.

Madam Speaker, this has been a healthy debate. This is the way
Congress should work. This is a healthy debate, and I look forward to
debate in the Senate. I hope it will start forthwith and conclude on
Monday. I look forward to passage in the United States Senate.
Madam Speaker, the choice before the House today is clear. We must
protect our democracy.
It is past time for this Congress to act. Historically, we have come
together to protect the right to vote. From the Voting Rights Act of
1965, that I remember so well, its subsequent reauthorizations, and
various election administration bills, we have protected and expanded
the right to vote. And Madam Speaker, we must do that again.
The Voting Rights Act works. Along with Lani Guinier, and Julius
Chambers, and Leslie Winner, and Jack Greenberg, of the NAACP Legal
Defense Fund, I joined with them in the 1980s and successfully
litigated Voting Rights Act cases in North Carolina. The Voting Rights
Act works.
Throughout my career, I have witnessed this body come together to
ensure all Americans have a voice in this democracy. We must do that
again now.
One of our most sacred rights in this country is the right to vote.
Indeed, as the Supreme Court observed in Wesberry v. Sanders: ``Other
rights, even the most basic''--the most basic--``are illusory if the
right to vote is undermined.''
As a Congress, as a Nation, we cannot, we must not tolerate any voter
suppression, any voter discrimination of any kind in any State in
America.
And so, I respectfully urge all of my colleagues, Democrat and
Republican, all 435 of us, I urge all of us to support this bill. Vote
``yes.''
Madam Speaker, I yield back the balance of my time for a vote.
Ms. LOFGREN. Madam Speaker, Throughout our history, we have fought to
advance justice and extend the right to vote, to ensure every American
can freely and equally participate in our democracy. Chief Justice Earl
Warren, in the Supreme Court's Reynolds v. Sims (1964) opinion, wrote
that ``[t]he right to vote freely for the candidate of one's choice is
of the essence of a democratic society, and any restrictions on that
right strike at the heart of representative government.''
Even though top experts have repeatedly affirmed that the 2020
election was

[[Page H171]]

the safest and most secure in our Nation's history, Republican
lawmakers across the country unleashed a wave of anti-voter and
election sabotage laws, which experts predict will only intensify this
year, seizing on a defeated president's Big Lie about widespread voter
fraud. According to the Brennan Center for Justice, between January 1
and December 7, 2021, at least 19 states passed 34 laws restricting
access to voting.
The Freedom to Vote: John R. Lewis Act responds to this assault on
our democracy. It includes two pieces of legislation vital to ensuring
every American has free, equitable, and secure access to the ballot--
the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement
Act, versions of which have previously passed the House last year. The
John R. Lewis Voting Rights Advancement Act also contains the Native
American Voting Rights Act, a bill critical to ensuring the United
States upholds its trust obligations and protects the voting rights of
Native Americans.
Under this legislation, every voter would be able to vote early or by
mail, and would have the option of registering to vote electronically
or in-person on any day of early voting or on Election Day. This
provides voters with a variety of options that better fit the lives
Americans lead in the 21st Century.
The legislation would also unrig the political system by ending
partisan gerrymandering. Gerrymandering may be the single biggest
contributing factor to the bitter polarization we see today--ending it
would be a monumental achievement.
In most states, redistricting is done behind closed doors allowing
the majority party to swing the outcome of upcoming elections, preserve
the status quo, and ensure years of noncompetitive elections.
The result is a troubling reality in which politicians choose their
voters instead of voters picking their elected officials. Sadly, we are
seeing this take place now in much of the country during this
redistricting cycle, which is giving new opportunities to many of last
decade's extreme gerrymanders.
This is not what our Founding Fathers intended. Furthermore, it is
counterproductive to a well-functioning democracy.
The Redistricting Reform Act, a bill I wrote and introduced for
several Congresses sought to address these unfair redistricting
practices. It was included as a component of the For the People Act,
which the House passed in this and last Congress, and it is included
again, in part, in this landmark piece of voting and elections
legislation, the Freedom to Vote: John R. Lewis Act.
The redistricting reforms in the Freedom to Vote: John R. Lewis Act
require that the congressional redistricting plans enacted during this
redistricting cycle, and going forward, are drawn using specific
criteria that, among other things, allow for coalition districts,
expanded Section two Voting Rights Act protections, and protection of
communities of interest.
The bill also sets out judicial remedies where states fail to comply
with the requirements of the bill, including a private right of action.
Importantly, the bill prohibits partisan gerrymandering, and in
response to the U.S. Supreme Court decision, Rucho v. Common Cause,
includes a clear standard for courts to apply in such cases.
Under section 5003(c)(3), plaintiffs may ask a federal court to
determine whether a state's plan has triggered a rebuttable presumption
that it materially favors or disfavors a political party. A court's
determination on whether to apply the presumption is intended to be
quick and straightforward. The bill includes a formula directing courts
to assess the partisan makeup of the new redistricting plan by
referring to a specific set of previous statewide elections.
Using the results of the partisanship assessment, a court must then
apply one or more standard quantitative measures of partisan fairness.
Currently, the only available measure that meets the description
provided in the text is the simplified efficiency gap, a well-known
measure in the field of political science. As confirmed by political
scientists, other existing quantitative measures do not qualify because
none of them calculate a benchmark share of seats based on a party's
share of the statewide vote and measure the difference between that
benchmark and actual expected seat share.
However, the study of how best to measure partisan gerrymandering is
evolving and the bill accounts for that: if a new measure that meets
the definition in the bill is created and becomes ``standard'' in the
field of political science, courts would be permitted to rely on that
measure when applying the rebuttable presumption test. Of course, any
non-standard measure that has been prepared principally for litigation
may not be used.
The rebuttable presumption test provides states with some leeway, and
it will not lead to invalidation of every state plan with a partisan
lean. A plan will be enjoined under section 5003(c)(3) only if, in 2 or
more of the 4 historical elections assessed, it results in partisan
advantage or disadvantage in excess of 7 percent or one congressional
district, whichever is greater.
The simplified efficiency gap may be measured using seat share or
percentage, which is why a plan may be measured by both the 7 percent
and 1 congressional district limit. To convert ``one congressional
district'' into a percentage applicable to a given state, a court must
simply divide the number 1 by the total number of congressional
districts in a state. Thus, in a state with 9 congressional districts,
the efficiency gap limit would be 1/9, or 11.11 percent. The 11.11
percent limit would apply because 11.11 percent is greater than 7
percent. However, in a state with fifteen congressional districts, the
partisan advantage limit set by the law would be 7 percent, because 1
district equals 6.66 percent of the state's 15 districts, and 7 percent
is greater than 6.66 percent.
Notably, the prohibition on partisan advantage ``in excess of' one
congressional district should not be read to exempt plans with a
partisan advantage falling between 1 and 2 congressional districts.
Looking at a state with 12 districts, a plan with a simplified
efficiency gap of 9 percent would trigger the rebuttable presumption
because 9 percent of twelve districts equals 1.08 districts.
These redistricting reform provisions in the Freedom to Vote: John R.
Lewis Act would have a significant impact both in mitigating this
decade's gerrymandering and in helping to ensure the racial fairness of
maps by eliminating partisanship as a defense for skewed maps.
Ms. JOHNSON of Texas. Madam Speaker, right now, our Nation is at a
crossroads.
As we speak, the sacred right to vote--the fundamental pillar on
which our Nation was built on--is under attack.
That's why I rise today in strong support of H.R. 5746, the Freedom
to Vote: John R. Lewis Act. This bill--itself a result of prolonged and
spirited deliberation between the House and the Senate--will if enacted
serve as a safeguard for our democracy for generations to come.
Let me be clear: every American must have the opportunity to make
their voices heard and their votes counted. This is an issue with no
middle ground--when the voice or the vote of one is suppressed, so be
it for us all.
We have seen no better example of the attack on voting rights than in
my home state of Texas. Initiatives like SB. I have sought to undermine
the right to vote freely, fairly, and safely for people across the
state--especially those in minority and underserved communities. We
have and must continue to fight these archaic and discriminatory laws,
and today is a step in the right direction.
I would also be remiss if I didn't point out that we are using a bill
from the Science, Space, and Technology Committee, which I chair, to
advance this legislation. Our Committee has traditionally focused on
the issues of the future--items such as scientific research, space
exploration, and technological innovations. That is why it is fitting
that the House Leadership chose one of our bills to guarantee that the
United States Senate would debate the future of our democracy.
Madam Speaker, simply put, we can no longer afford the cost of
inaction on this issue. I urge my colleagues in both the House and
Senate to support this legislation so that we can meet the urgency of
the moment.
Mr. AGUILAR. Madam Speaker, I include in the Record the following
letters of support for the Senate Amendment to H.R. 5746.
American Federation of

Government Employees, AFL-CIO,

January 13, 2022.
Dear Representative: On behalf of the American Federation
of Government Employees, AFL-CIO (AFGE) which represents

[[Page H172]]

over 700,000 federal and District of Columbia employees I
write to urge you to pass the Freedom to Vote: John R. Lewis
Act which combines key provisions of the Freedom to Vote Act
and the John R. Lewis Voting Rights Advancement Act.
It is crucial for Congress to restore key provisions of the
1965 Voting Rights Act that were wrongly invalidated by the
2013 U.S. Supreme Court decision Shelby County v. Holder.
These provisions are critical to prevent state and local
governments from passing laws discriminating against voters
due to their race, ethnicity, or similar factors. Shelby
County v. Holder struck the preclearance provision of the
1965 Voting Rights Act, allowing states to implement voting
restrictions such as onerous identification requirements,
purged voter rolls, elimination of same day voting
registration, and limitations of early voting.
The fundamental right of all citizens to vote and
participate in the elections process is key to our
functioning democracy. Public servants defend and advance
this right every day through their work protecting our
environment, caring for veterans, and safeguarding our
country. Voting rights restrictions have a direct impact on
federal workers. A 2010 article in the Social Sciences
Quarterly stated that public sector voting turnout was two to
three percent higher than private sector union households.
Voters who favor a strong federal government and recognize
the contributions of the federal workforce are more likely to
show that support when they cast a ballot.
AFGE is a full and active partner in the traditional
alliance between the civil rights and workers' rights
movement. As such we are actively engaged in efforts to
protect the right to vote and to have all votes counted, in
protection against discrimination in the workplace, and
enforcement of justice everywhere.
The preclearance section of the Voting Rights Act blocked
discriminatory voting changes before implementation. Fifty-
three percent of the states covered by the preclearance
requirements imposed because of past discrimination had
passed or implemented voting restrictions that
disenfranchised tens of thousands of voters. Immediately
following the Supreme Court's decision in Shelby County v.
Holder, striking the preclearance provision of the Voting
Rights Act, states previously subject to preclearance (Texas,
Alabama, and North Carolina) implemented restrictive
identification requirements, purged voter rolls, eliminated
same day voting registration and limited early voting. AFGE
opposes denying the ballot to any eligible voter.
Voting rights restrictions have a direct impact on federal
workers. Statistics from the American National Election
Studies indicate that union household turnout is 5.7 percent
higher than that of nonunion households, and as noted above,
public employees vote in greater numbers. Voters who favor a
strong federal government and recognize the contributions of
the federal workforce are more likely to show that support
when they cast a ballot. Allowing new voting restrictions by
states trying to limit legitimate voters from exercising
their rights affect federal employees. These new limitations
cloaked in unsubstantiated claims of ``ballot protection''
include limiting polling places and locations for casting
early ballots, banning provision of drinking water to voters
waiting in line and imposing onerous restrictions on absentee
voting. Federal workers report for duty 24 hours a day, seven
days a week. They count on utilizing voting options to
exercise their patriotic right to vote.
AFGE calls on the House to pass the Freedom to Vote: John
R. Lewis Act. For questions, please contact Fiona Kohrman.
Sincerely,
Everett B. Kelley,
National President.
____

January 13, 2022.
Dear Representative: On behalf of the members and officers
of the Communications Workers of America (CWA), I am writing
in strong support of the House Amendment to the Senate
Amendment to H.R. 5746, the Freedom to Vote and John R. Lewis
Voting Rights Advancement Act, which will ensure that voters
can safely and freely cast their ballots, protect against
election sabotage, stop partisan gerrymandering, and limit
the influence of dark money in politics so that billionaires
can't buy elections.
Nineteen states enacted 34 new laws that restrict access to
the ballot box in 2021 alone and more are under consideration
today. States are passing racially-gerrymandered maps that
dilute the power of Black and Brown voters. This legislation
would fight back against all these attacks, ensure the
ability for every American to participate in safe,
accessible, and transparent elections and restore political
power to America's working families.
These pieces of legislation are major step forward and our
democracy cannot afford to wait any longer for these crucial
changes. I strongly urge a majority vote in favor of these
historic pieces of legislation and oppose any amendments that
would undermine the bill's protections. CWA will include
votes related to consideration of this bill in our
Congressional Scorecard.
Thank you for your consideration.
Sincerely,

Dan Mauer,

Director of Government Affairs,
Communications Workers of America (CWA).
____

AFT,

January 13, 2022.
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the 1.7 million members
of the American Federation of Teachers, and the millions of
American children and families we serve, I write in strong
support of the House Amendment to the Senate Amendment to
H.R. 5746, the Freedom to Vote: John R. Lewis Act. This bill
will ensure that voters can safely and freely cast their
ballots, protect against election sabotage, stop partisan
gerrymandering, and limit the influence of dark money in
politics.
The need to prevent voter subversion while re-establishing
and strengthening the protections of the Voting Rights Act of
1965 is more pressing than ever before. The country also has
a right to see where all its representatives stand on the
fundamental right of the people to decide who represents us
in the halls of power.
H.R. 5746 combines provisions from the Freedom to Vote Act
and the John Lewis Voting Rights Advancement Act. The Freedom
to Vote Act would enable the most comprehensive voting reform
in decades. It would establish rules for federal elections;
require automatic registration of any eligible voter, making
voting easier and more accessible; prohibit harassment and
intimidation of election workers; ban partisan
gerrymandering; strengthen election cybersecurity; better
defend elections from foreign interference; and provide vital
funding for elections. The John Lewis Voting Rights
Advancement Act would restore long-established federal voting
rights protections and prevent new state voter suppression
measures from being enacted.
In 2021 alone, 19 states enacted 34 new laws that restrict
access to the ballot box, and more are under consideration
today. Candidates are running for top election offices
peddling Donald Trump's ``big lie.'' States are passing
racially gerrymandered maps that dilute the power of Black
and Latino voters. This legislation would fight back against
all these attacks and ensure the ability of every American to
participate in safe, accessible and transparent elections. If
we care about our democracy and our way of life, we can no
longer sit idly by. H.R. 5746 will ensure the right to vote
is protected for all Americans.
The late Rep. John Lewis once said, ``The vote is precious.
It is almost sacred. It is the most powerful nonviolent tool
we have in our democracy.'' Protecting our democratic
principles is patriotic, not partisan. Our responsibility as
citizens is not just to vote, it is to stand up so that
everyone who is eligible can vote and every vote is counted.
The bedrock of American democracy is participation at the
ballot box for all, no matter their religion, their race,
their income, their gender, their age, where they come from,
what state they reside in or their ZIP code. The procedures
of a democratic institution should help preserve, not
undermine, the principles of our democracy.
I urge you to take the steps needed to pass H.R. 5746
without any delay. Thank you for considering our views on
this important matter.
Sincerely,
Randi Weingarten,
President, American Federation of Teachers.

Mr. BUTTERFIELD. Madam Speaker, I include in the Record the following
letters of support for the Senate Amendment to H.R. 5746.

National Urban League,

New York, NY, January 13, 2022.
Dear Representative: As President and CEO of the National
Urban League, and on behalf of its 91 affiliates in 37 states
and the District of Columbia, I am writing to express our
strong support for the House Amendment to the Senate
Amendment to H.R. 5746, the Freedom to Vote: John R. Lewis
Act, as it is considered in the House and Senate in the
coming days. As a historic civil rights organization
dedicated to ensuring that all people are able to exercise
their fundamental right to vote, we stand with our fellow
civil rights organizations in supporting this bill.
The Freedom to Vote: John R. Lewis Act will ensure that
voters can safely and freely cast their ballots, protect
against election sabotage, stop partisan gerrymandering, and
limit the influence of dark money in politics. In 2021 alone,
19 states have enacted 34 new laws that suppress the right to
vote for all Americans and more are under consideration
today. In addition, states are pursuing manipulative
redistricting effoits which discriminate against and dilute
the representation of Black and Brown voters. This
legislation would fight back against these attacks and ensure
the ability for every American to participate in safe,
accessible, and transparent elections.
Our organization fully endorses this bill, which responds
to the current needs of this nation in the fight for voting
rights, and urges you to support this legislation. For more
information, please contact Yvette Badu-Nimako, Senior
Director for Judiciary, Civil Rights and Social Justice.
Sincerely,

Marc H. Moria,

President and Chief Executive Officer,
National Urban League.

[[Page H173]]

____

Fair Fight Action,

January 13, 2022.
Dear Representative: We write in strong support of the
House Amendment to the Senate Amendment to H.R. 5746, the
Freedom to Vote: John R. Lewis Act, which will ensure that
voters can safely and freely cast their ballots, protect
against election sabotage, and stop partisan gerrymandering.
This bill is critical to mitigating the harmful effects of
extreme anti-voter bill SB 202, which passed in the Georgia
legislature in 2021 and will severely restrict voting access
for countless eligible Georgia voters.
Georgia is just one of 19 states that enacted 34 new laws
that restrict access to the ballot box in 2021 alone. Just
four days into Georgia's 2022 session, anti-voter legislators
are already attempting to prohibit drop boxes entirely. In
Georgia and in states across the country, carryover bills
from 2021--including bills that would ban no-excuse vote by
mail and end automatic voter registration--are still active.
What's more, candidates are running for top election offices
peddling the Big Lie. We must stem the tide on this insidious
erosion of our democracy. Black and brown voters in Georgia
and across the country are looking to Senators to stand on
the right side of history by voting yes on the Freedom to
Vote: John R. Lewis Act. This legislation would fight back
against these attacks and ensure the ability for every
American to participate in safe, accessible, and transparent
elections.
Our organization fully endorses this bill and urges you to
support this legislation.
Sincerely,
Fair Fight Action.
____

The Leadership Conference,

Washington, DC, January 13, 2022.
Dear Representative: On behalf of The Leadership Conference
on Civil and Human Rights, a coalition of more than 230
national organizations committed to promoting and protecting
the civil and human rights of all persons in the United
States, we write in strong support of the Freedom to Vote:
John R. Lewis Act.
This legislation fills a distinct and critical role in
combatting barriers to voting and protecting our democracy.
Every American should be able to rely on a baseline level of
voting access, free from obstacles to the voting booth or
attempts to dilute or nullify their votes. Only passage of
the Freedom to Vote: John R. Lewis Act can make this
aspiration a reality. We urge you to move swiftly and pass
this legislation.
For far too long, our elections have been undermined by
practices and tactics intended to undercut the power and
representation of African Americans, Latinos, Asian Americans
and Pacific Islanders, Native Americans, people with
disabilities, and other communities historically excluded
from our political process. The Freedom to Vote: John R.
Lewis Act is a comprehensive package that would address these
barriers, including by establishing uniform national
standards for elections and restoring essential provisions of
the Voting Rights Act of 1965.
The Freedom to Vote: John R. Lewis Act would set a basic
federal foundation for voting access for all Americans. It
would require states to modernize voter registration by
instituting automatic and same-day registration, protecting
against discriminatory purges, allowing all voters to request
mail ballots, and ensuring voters have access to early
voting. The legislation would also permit voters who lack
photo identification to use a variety of documents to
establish their identity, restore voting rights to citizens
with past convictions once they complete any term of
incarceration, and prevent state election subversion.
Moreover, the bill would also ban partisan gerrymandering
and ensure protections in the redistricting process for
communities of color and people who speak a primary language
other than English. These reforms will make it easier for
everyone to vote--and virtually all of them address barriers
that disproportionately affect Black, Latino, Asian, and
Native American voters and voters with disabilities and are
modeled after reforms that have been successfully implemented
in multiple states.
The Freedom to Vote: John R. Lewis Act would stop most of
the worst anti-voter measures that some lawmakers are
proposing and passing in states across the country. For
instance, the bill would eliminate efforts to roll back early
voting by ensuring states offer at least two weeks of early
voting, including on nights and weekends. Furthermore, the
legislation would require that provisional ballots are
counted within a county and create a minimum standard for
secure drop boxes, as well as establish Election Day as a
federal holiday. By providing a baseline set of national
voting rules that every American can rely on, the bill
protects all Americans, including voters of color, against
efforts to manipulate those rules. In addition, it includes
much-needed protections for groups including students, voters
with disabilities, and military and overseas voters.
The legislation would also restore the essential provision
of the Voting Rights Act that prevents the adoption of
discriminatory voting practices before they go into effect by
establishing a transparent process for protecting the right
to vote. In addition, it will restore and strengthen other
provisions of the Voting Rights Act to help bring down the
barriers erected to silence Black, Brown, and Native people;
young voters; people with disabilities; and new Americans and
ensure everyone has a voice in the decisions impacting our
lives. Finally, the bill includes the Native American Voting
Rights Act, which protects voting rights for Indigenous
communities who face myriad unique challenges to fully
participating in our democracy.
The Voting Rights Act was passed with leadership from both
the Republican and Democratic parties, and the
reauthorizations of its enforcement provisions were signed
into law each time by Republican presidents: President
Richard Nixon in 1970, President Gerald Ford in 1975,
President Ronald Reagan in 1982, and President George W. Bush
in 2006. For more than half a century, protecting citizens
from racial discrimination in voting has been bipartisan
work.

Conclusion

In 1965, Congress passed the Voting Rights Act to outlaw
racial discrimination in voting, and it became our nation's
most successful and consequential civil rights law.
Previously, many states barred Black voters from
participating in the political system through literacy tests,
poll taxes, voter intimidation, and violence. By outlawing
the tests and devices that prevented people of color from
voting, the Voting Rights Act and its prophylactic
preclearance formula put teeth into the 15th Amendment's
guarantee that no citizen can be denied the right to vote
because of the color of their skin.
For decades, Congressman John Lewis implored his colleagues
in Congress to realize the promise of equal opportunity for
all in our democratic process. When President Lyndon Johnson
signed the Voting Rights Act, he declared the law a triumph
and said, ``Today we strike away the last major shackle of .
. . fierce and ancient bonds.'' But 56 years later, the
shackles of white supremacy still restrict the full exercise
of our rights and freedom to vote. Before his death,
Congressman Lewis wrote: ``Time is of the essence to preserve
the integrity and promises of our democracy.'' It is long
past time for Congress to realize the promise of democracy
for all and support the Freedom to Vote: John R. Lewis Act.
If you have any questions or need additional information,
please contact Jesselyn McCurdy.
Sincerely,
Wade Henderson,
Interim President and CEO.
Jesselyn McCurdy,
Executive Vice President for Government Affairs.

Mrs. LAWRENCE. Madam Speaker, on the cusp of celebrating Dr. Martin
Luther King, Jr.'s birthday, this Congress has an important decision to
make. Will we stand to protect voting rights or will we hide behind
voter suppression laws? Will we protect the fundamental right to vote
or will we undermine it? This is an easy decision to make, and I know
where I stand--to protect the right to vote. Now is the time for
action. Now is the time for Congress to pass the Freedom to Vote John
R. Lewis Act to the President's desk. As Dr. King said, ``The time is
always right to do what is right.'' And that time is now.
Mr. SARBANES. Madam Speaker, I include in the Record the following
letters of support for the Senate Amendment to H.R. 5746.

Declaration for

American Democracy,

January 13, 2022.
Dear Representative: I write on behalf of the Declaration
for American Democracy, a coalition of over 240
organizations, to express our strong support of the House
Amendment to the Senate Amendment to H.R. 5746, the Freedom
to Vote: John R. Lewis Act, which will ensure that voters can
safely and freely cast their ballots, protect against
election sabotage, stop partisan gerrymandering, and limit
the influence of dark money in politics so that billionaires
can't buy elections.
Nineteen states enacted 34 new laws that restrict access to
the ballot box in 2021 alone and more are under consideration
today. Candidates are running for top election offices
peddling the Big Lie. States are passing racially-
gerrymandered maps that dilute the power of Black and Brown
voters. This legislation would fight back against all these
attacks and ensure the ability of every American to
participate in safe, accessible, and transparent elections.
Our organization fully endorses this bill and urges you to
support this legislation.
Sincerely,

Jana Morgan,

Director, Declaration for
American Democracy.
____

Common Cause,

Washington, DC, January 13, 2022.
Re Common Cause Urges ``Yes'' Vote on the Freedom to Vote:
John R. Lewis Act; Will ``Score'' Vote in our Next
Democracy Scorecard

Dear Representative: On behalf of Common Cause's more than
1.5 million members, we write in strong support of the House
Amendment to the Senate Amendment to H.R. 5746, the Freedom
to Vote: John R. Lewis Act, which will ensure that voters can
safely and freely cast their ballots, repair and strengthen
the Voting Rights Act, protect against election sabotage,
stop partisan and racial gerrymandering, and limit the
influence of dark money in politics so that billionaires
can't buy elections. We will score this vote in our next
Democracy Scorecard, which we send to our 1.5 million members
and to the press.

[[Page H174]]

Last year, nineteen states enacted 34 new laws that
restrict access to the ballot box, and as state legislatures
begin new sessions this year, many more anti-voter bills are
under consideration. States are passing gerrymandered maps
that dilute the power of Black and Brown voters. And
billionaires, special interests and dark-money groups
continue to try to buy elections and drown out the voices of
everyday Americans. This legislation would fight back against
all these attacks and ensure the ability for all Americans to
have their voices heard and to participate in safe,
accessible, and transparent elections.
It is essential that this legislation pass as expeditiously
as possible.
We strongly urge a ``yes'' vote on the Freedom to Vote:
John R. Lewis Act.
Sincerely,
Karen Hobert Flynn,
President, Common Cause.
____

People for the American Way,

Washington, DC, January 13, 2022.
House of Representatives,
Washington, DC.
Dear Member of Congress: Throughout our nation's history,
we have worked to build a more inclusive and representative
democracy. This is our generation's moment. On behalf of our
1.5 million supporters nationwide, People For the American
Way writes in strong support of the House amendment to the
Senate amendment to H.R. 5746, the Freedom to Vote: John R.
Lewis Act, which would help return power to the American
people.
When the ``Conscience of Congress'' John Lewis passed away
in 2020, he was still fighting to restore what the Voting
Rights Act lost in Shelby County in 2013. Congressman Lewis
supported the restorative Voting Right Advancement Act that
now bears his name, and he wrote the Voter Empowerment Act to
advance pro-voter measures and accountability supports. Those
measures, and more, now comprise much of H.R. 5746. The bill
also addresses the devastating 2010 Supreme Court decision in
Citizens United that unleashed a massive uptick in outside,
often secret, political spending. It is designed to advance
campaign finance reform--restoring balance and transparency
and guarding against foreign interference. Finally, the new
H.R. 5746 language recognizes the dangers of political power
grabs over election administration and the importance of
ethical public service.
Our broken democracy has rendered us unable to fully
address important substantive priorities for the American
people. Right these wrongs by supporting the House amendment
to the Senate amendment to H.R. 5746, the Freedom to Vote:
John R. Lewis Act.
Sincerely,
Marge Baker,
Executive Vice President.
____

Our Maryland,

January 13, 2022.
Dear Representative: Our Maryland represents more than
54,000 online followers and 14,000 subscribers promoting a
just and sustainable future for all Marylanders,
We write in strong support of the House Amendment to the
Senate Amendment to H.R. 5746, the Freedom to Vote: John R.
Lewis Act, which will ensure that voters can safely and
freely cast their ballots, protect against election sabotage,
stop partisan gerrymandering, and limit the influence of dark
money in politics so that billionaires can't buy elections.
Nineteen states enacted 34 new laws that restrict access to
the ballot box in 2021 alone and more are under consideration
today. Candidates are running for top election offices
peddling the Big Lie. States are passing racially-
gerrymandered maps that dilute the power of Black and Brown
voters. This legislation would fight back against all these
attacks and ensure the ability for every American to
participate in safe, accessible, and transparent elections.
Our organization fully endorses this bill and urges you to
support this legislation.
Sincerely,
Larry Ottinger,
President.
____

January 13, 2022.
Dear Representative: We write in strong support of H.R.
5746, the Freedom to Vote: John R. Lewis Act. Our democracy
is at an inflection point. The right to vote, and by
extension to a free and fair election, is under the gravest
threat in a generation. This reality makes it all the more
critical that the House pass the Freedom to Vote: John R.
Lewis Act as expeditiously as possible. The Act will ensure
that voters can safely and freely cast their ballots, protect
against election sabotage, stop partisan gerrymandering, and
limit the influence of dark money in politics so that
billionaires can't buy elections.
The situation is dire. Nineteen states enacted 34 new laws
that restrict access to the ballot box in 2021 alone and more
are under consideration today. Candidates are running for top
election offices peddling the Big Lie that the 2020 election
was stolen. States are passing racially-gerrymandered maps
that dilute the power of Black and Brown voters. This
legislation would fight back against all these attacks and
ensure the ability for every American to participate in safe,
accessible, and transparent elections. It would also take
crucial steps to combat the corrosive influence of money in
politics.
CREW fully endorses and urges you to support this
legislation.
Sincerely,
Citizens for Responsibility
and Ethics in Washington.

The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 868, the previous question is ordered.
The question is on the motion by the gentleman from North Carolina
(Mr. Butterfield).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, on that I demand the
yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 220,
nays 203, not voting 10, as follows:

[Roll No. 9]

YEAS--220

Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth

NAYS--203

Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cheney
Cloud
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Harshbarger
Hartzler
Hern
Herrell
Herrera Beutler
Hice (GA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Issa
Jackson
Jacobs (NY)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)

[[Page H175]]

Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McHenry
McKinley
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Owens
Palazzo
Pence
Perry
Pfluger
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Weber (TX)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin

NOT VOTING--10

Cartwright
Cline
Green (TN)
Higgins (LA)
McClintock
Palmer
Rogers (AL)
Rutherford
Webster (FL)
Williams (TX)

{time} 1125

Mr. GONZALEZ of Ohio changed his vote from ``yea'' to ``nay.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. GREEN of Tennesse. Madam Speaker, had I been present, I would
have voted ``nay'' on rollcall No. 9.
Mr. CLINE. Madam Speaker, I am not recorded because I was absent due
to illness. Had I been present, I would have voted ``nay'' on rollcall
No. 9.

Members Recorded Pursuant to House Resolution 8, 117th Congress

Adams (Ross)
Auchincloss (Clark (MA))
Barragan (Beyer)
Bass (Cicilline)
Bera (Kilmer)
Blumenauer (Beyer)
Bonamici (Kuster)
Boyle, Brendan F. (Gallego)
Brooks (Moore (AL))
Brownley (Kuster)
Bush (Bowman)
Cardenas (Soto)
Casten (Underwood)
Castor (FL) (Soto)
Chu (Clark (MA))
Cleaver (Davids (KS))
Cohen (Beyer)
Cooper (Clark (MA))
Crawford (Stewart)
Crenshaw (Sessions)
Crist (Soto)
Cuellar (Correa)
DeFazio (Brown (MD))
DeGette (Blunt Rochester)
DelBene (Kilmer)
DeSaulnier (Beyer)
Doggett (Raskin)
Doyle, Michael F. (Connolly)
Evans (Mfume)
Frankel, Lois (Clark (MA))
Gaetz (Boebert)
Garamendi (Sherman)
Gohmert (Weber (TX))
Gomez (Gallego)
Gonzalez, Vicente (Correa)
Grijalva (Garcia (IL))
Hagedorn (Carl)
Herrera Beutler (Moore (UT))
Hudson (McHenry)
Jacobs (NY) (Garbarino)
Jayapal (Raskin)
Johnson (TX) (Jeffries)
Kahele (Case)
Katko (Meijer)
Kim (CA) (Steel)
Kim (NJ) (Pallone)
Kind (Connolly)
Kinzinger (Meijer)
Kirkpatrick (Pallone)
Lamborn (McHenry)
Langevin (Lynch)
Lawson (FL) (Soto)
Lee (CA) (Khanna)
Leger Fernandez (Clark (MA))
Lieu (Beyer)
Lofgren (Jeffries)
Lowenthal (Beyer)
Mace (Timmons)
Maloney, Carolyn B. (Wasserman Schultz)
Maloney, Sean Patrick (Jeffries)
McCaul (Ellzey)
McEachin (Wexton)
Meng (Kuster)
Moore (WI) (Beyer)
Moulton (Beyer)
Nadler (Pallone)
Napolitano (Correa)
Nehls (Babin)
Ocasio-Cortez (Bowman)
Panetta (Kildee)
Payne (Pallone)
Pingree (Cicilline)
Pocan (Raskin)
Porter (Wexton)
Pressley (Garcia (IL))
Price (NC) (Connolly)
Reed (McHenry)
Reschenthaler (Armstrong)
Roybal-Allard (Correa)
Ruiz (Aguilar)
Ruppersberger (Trone)
Rush (Kaptur)
Salazar (Mast)
Schrier (Spanberger)
Sires (Pallone)
Smucker (Keller)
Speier (Escobar)
Stansbury (Jacobs (CA))
Stanton (Levin (CA))
Suozzi (Raskin)
Swalwell (Gallego)
Titus (Connolly)
Tlaib (Khanna)
Torres (NY) (Cicilline)
Vargas (Correa)
Vela (Correa)
Waltz (Mast)
Waters (Takano)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Cicilline)

____________________