[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5085 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 644
116th CONGRESS
2d Session
S. 5085
To amend the Internal Revenue Code of 1986 to increase the additional
2020 recovery rebates, to repeal section 230 of the Communications Act
of 1934, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 29, 2020
Mr. McConnell introduced the following bill; which was read the first
time
December 30, 2020
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the additional
2020 recovery rebates, to repeal section 230 of the Communications Act
of 1934, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE IN 2020 RECOVERY REBATES.
(a) In General.--Section 6428A of the Internal Revenue Code of 1986
(as added by the COVID-related Tax Relief Act of 2020) is amended--
(1) in subsection (a)(1), by striking ``$600 ($1,200'' and
inserting ``$2,000 ($4,000'',
(2) in subsection (g)(1), by striking ``$600'' and
inserting ``$2,000'', and
(3) in subsection (g)(2)--
(A) by striking ``$1,200'' in the matter preceding
subparagraph (A) and inserting ``$4,000'', and
(B) by striking ``$600'' in subparagraph (A) and
inserting ``$2,000''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 272 of the COVID-related Tax Relief
Act of 2020.
SEC. 2. REPEAL OF SECTION 230.
(a) In General.--Section 230 of the Communications Act of 1934 (47
U.S.C. 230) is repealed.
(b) Conforming Amendments.--
(1) Communications act of 1934.--The Communications Act of
1934 (47 U.S.C. 151 et seq.) is amended--
(A) in section 223(h) (47 U.S.C. 223(h)), by
striking paragraph (2) and inserting the following:
``(2) The term `interactive computer service' means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the Internet and such systems operated
or services offered by libraries or educational
institutions.''; and
(B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by
striking ``or section 230''.
(2) Trademark act of 1946.--Section 45 of the Act entitled
``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes'',
approved July 5, 1946 (commonly known as the ``Trademark Act of
1946'') (15 U.S.C. 1127) is amended by striking the definition
relating to the term ``Internet'' and inserting the following:
``The term `Internet' means the international computer network of
both Federal and non-Federal interoperable packet switched data
networks.''.
(3) Title 17, united states code.--Section 1401 of title
17, United States Code, is amended by striking subsection (g).
(4) Title 18, united states code.--Part I of title 18,
United States Code, is amended--
(A) in section 2257(h)(2)(B)(v), by striking ``,
except that deletion of a particular communication or
material made by another person in a manner consistent
with section 230(c) of the Communications Act of 1934
(47 U.S.C. 230(c)) shall not constitute such selection
or alteration of the content of the communication'';
and
(B) in section 2421A--
(i) in subsection (a), by striking ``(as
such term is defined in defined in section
230(f) the Communications Act of 1934 (47
U.S.C. 230(f)))'' and inserting ``(as that term
is defined in section 223 of the Communications
Act of 1934 (47 U.S.C. 223))''; and
(ii) in subsection (b), by striking ``(as
such term is defined in defined in section
230(f) the Communications Act of 1934 (47
U.S.C. 230(f)))'' and inserting ``(as that term
is defined in section 223 of the Communications
Act of 1934 (47 U.S.C. 223))''.
(5) Controlled substances act.--Section
401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21
U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking ``, except
that deletion of a particular communication or material made by
another person in a manner consistent with section 230(c) of
the Communications Act of 1934 shall not constitute such
selection or alteration of the content of the communication''.
(6) Webb-kenyon act.--Section 3(b)(1) of the Act entitled
``An Act divesting intoxicating liquors of their interstate
character in certain cases'', approved March 1, 1913 (commonly
known as the ``Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)) is
amended by striking ``(as defined in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting
``(as defined in section 223 of the Communications Act of 1934
(47 U.S.C. 223))''.
(7) Title 28, united states code.--Section 4102 of title
28, United States Code, is amended--
(A) by striking subsection (c); and
(B) in subsection (e)--
(i) by striking ``construed to'' and all
that follows through ``affect'' and inserting
``construed to affect''; and
(ii) by striking ``defamation; or'' and all
that follows and inserting ``defamation.''.
(8) Title 31, united states code.--Section 5362(6) of title
31, United States Code, is amended by striking ``section 230(f)
of the Communications Act of 1934 (47 U.S.C. 230(f))'' and
inserting ``section 223 of the Communications Act of 1934 (47
U.S.C. 223)''.
(9) National telecommunications and information
administration organization act.--Section 157 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 941) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) through (j) as
subsections (e) through (i), respectively.
SEC. 3. 2020 BIPARTISAN ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Election
Assistance Commission the 2020 Bipartisan Advisory Committee (referred
to in this section as the ``Advisory Committee'').
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of 18 members of whom--
(A) nine shall be appointed by the leader of the
Republican caucus in the Senate (in consultation with
the minority leader of the House of Representatives),
one of which shall be appointed as a Co-Chairperson of
the Advisory Committee; and
(B) nine shall be appointed by the Speaker of the
House of Representatives (in consultation with the
leader of the Democratic caucus in the Senate), one of
which shall be appointed as a Co-Chairperson of the
Advisory Committee.
(2) Representation.--Individuals appointed to the Advisory
Committee under paragraph (1) shall be geographically balanced
and shall include representatives of Federal, State, and local
governments and of the legal, cybersecurity, and election
administration and technology communities.
(3) Date.--The appointments of the members of the Advisory
Committee shall be made not later than 90 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--Except as provided in paragraph (2), a
member of the Advisory shall be appointed for the duration of
the Advisory Committee.
(2) Removal.--A member may be removed from the Advisory
Committee at any time at the upon concurrence of both of the
Co-Chairpersons of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment.
(d) Duties.--
(1) Study.--
(A) In general.--The Advisory Committee shall,
consistent with applicable law, study the integrity and
administration of the general election for Federal
office held in November 2020 and make recommendations
to Congress to improve the security, integrity, and
administration of Federal elections.
(B) Matters studied.--The matters studied by the
Advisory Committee shall include--
(i) the effects of the COVID-19 pandemic on
the administration of the general election for
Federal office held in November 2020;
(ii) the election practices adopted by
Federal, State, and local governments in
response to the COVID-19 pandemic, including--
(I) practices that undermined the
security and integrity of the election;
and
(II) practices that strengthened
the security and integrity of the
election;
(iii) the laws, rules, policies,
activities, strategies, and practices regarding
mail-in ballots, absentee ballots, and vote-by-
mail procedures, including--
(I) measures that undermined the
security and integrity of the election;
and
(II) measures that strengthened the
security and integrity of the election;
(iv) any laws, rules, policies, activities,
strategies, and practices that would have
allowed improper or fraudulent votes to be cast
in such election and the scope of any improper
and fraudulent votes that were cast in the
election; and
(v) any laws, rules, policies, activities,
strategies, and practices that would have
allowed improper or fraudulent voter
registration and the scope of any improper or
fraudulent voter registration.
(2) Reports.--
(A) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Advisory
Committee shall submit to the Election Assistance
Commission and the appropriate Congressional committees
a report on the matter studied under paragraph (1).
Such report shall include--
(i) precinct-by-precinct data highlighting
the number and incidence of any improper and
fraudulent votes that were cast in the
election; and
(ii) precinct-by-precinct data highlighting
the number and incidence of any improper and
fraudulent voter registrations.
(B) Recommendations.--
(i) In general.--Not later than 360 days
after the date of the enactment of this Act,
the Advisory Committee shall submit to the
Election Assistance Commission and the
appropriate Congressional committees
recommendations on the following:
(I) The best practices that should
be adopted by at each level of local,
State, and Federal Government for
administering elections for Federal
office--
(aa) during the COVID-19
pandemic; and
(bb) during other national
emergencies.
(II) The best practices that should
be adopted at each level of local,
State, and Federal Government to
mitigate fraud and increase the
integrity and security of mail-in
ballots, absentee ballots, and vote-by-
mail procedures.
(III) The best practices that
should be adopted at each level of
local, State, and Federal Government to
prevent improper or fraudulent votes
from being cast.
(IV) The best practices that should
be adopted at each level of local,
State, and Federal Government to
prevent improper voters from being
registered.
(ii) Minority views.--In the case of any
recommendation with respect to which one-third
or more of the Committee does not concur, the
report shall include a justification for why
such members do not concur.
(C) Appropriate congressional committees.--For
purposes of this paragraph, the term ``appropriate
Congressional Committees'' means--
(i) the Committee on Rules and
Administration of the Senate;
(ii) the Committee on the Judiciary of the
Senate;
(iii) the Committee on House Administration
of the House of Representatives; and
(iv) the Committee on the Judiciary of the
House of Representatives.
(e) Commission Personnel Matters.--
(1) Prohibition on compensation of members.--The members of
the Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
(2) Staff.--
(A) In general.--Each Co-Chairperson of the
Advisory Committee may appoint not more than 5 subject
matter experts to serve as staff to the Advisory
Committee.
(B) Compensation.--The Co-Chairpersons of the
Advisory Committee may fix the compensation of the
staff of the Advisor Committee without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the staff may not exceed the rate
payable for level V of the Executive Schedule under
section 5316 of that title.
(f) Termination.--The Advisory Committee shall terminate 90 days
after the date on which the Advisory Committee submits the report
required under subsection (d).
(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee.
SEC. 4. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN
NATIONALS.
(a) In General.--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. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN
NATIONALS.
``(a) In General.--Each chief State election official shall
disclose to the Commission the identity of any foreign national known
by the chief State election official--
``(1) to have physically handled--
``(A) ballots used in an election for Federal
office; or
``(B) voting machines; or
``(2) to have had unmonitored access to--
``(A) a storage facility or centralized vote
tabulation location used to support the administration
of an election for public office; or
``(B) election-related information or
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.
``(b) Timing.--The chief State election official shall make the
disclosure under subsection (a) not later than 30 days after the date
on which such official becomes aware of an activity described in such
subsection.
``(c) Foreign National Defined.--The term `foreign national' has
the meaning given that term in section 319 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121).''.
(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 Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Disclosure of access to election infrastructure by foreign
nationals.''.
Calendar No. 644
116th CONGRESS
2d Session
S. 5085
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the additional
2020 recovery rebates, to repeal section 230 of the Communications Act
of 1934, and for other purposes.
_______________________________________________________________________
December 30, 2020
Read the second time and placed on the calendar