[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--

       ``(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) 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--

       ``(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 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--

       ``(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.
       ``(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--

       ``(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

[[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.

       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 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

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     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

[[Page H134]]

     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.

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       (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

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     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)

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