[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Received in Senate (RDS)]
<DOC>
117th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2021
Received
_______________________________________________________________________
AN ACT
To expand Americans' access to the ballot box, reduce the influence of
big money in politics, strengthen ethics rules for public servants, and
implement other anti-corruption measures for the purpose of fortifying
our democracy, 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. SHORT TITLE.
This Act may be cited as the ``For the People Act of 2021''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Voting.
(2) Division B--Campaign Finance.
(3) Division C--Ethics.
(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.
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security
number.
Sec. 1006. Report on data collection.
Sec. 1007. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1008. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
Part 5--Other Initiatives To Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Sec. 1052. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to
remind individuals to update voter
registration.
Sec. 1054. Grants to States for activities to encourage involvement of
minors in election activities.
Sec. 1055. Permission to place exhibits.
Sec. 1056. Requiring States to establish and operate voter privacy
programs.
Sec. 1057. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Part 8--Voter Registration Efficiency Act
Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves
as residence for voter registration
purposes.
Part 9--Providing Voter Registration Information to Secondary School
Students
Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to
graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.
Part 10--Voter Registration of Minors
Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.
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. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1103. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1104. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.
Sec. 1624. Study and report on vote-by-mail procedures.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. Department of Justice report on voter disenfranchisement.
Sec. 1708. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Voter information response systems and hotline.
Sec. 1906. Ensuring equitable and efficient operation of polling
places.
Sec. 1907. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal
office.
Sec. 1908. Prohibiting States from restricting curbside voting.
Sec. 1909. Election Day as legal public holiday.
Sec. 1910. GAO study on voter turnout rates.
Sec. 1910A. Study on ranked-choice voting.
Part 2--Disaster and Emergency Contingency Plans
Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and
emergencies.
Part 3--Improvements in Operation of Election Assistance Commission
Sec. 1921. Reauthorization of Election Assistance Commission.
Sec. 1922. Requiring States to participate in post-general election
surveys.
Sec. 1923. Reports by National Institute of Standards and Technology on
use of funds transferred from Election
Assistance Commission.
Sec. 1924. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1925. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Part 4--Miscellaneous Provisions
Sec. 1931. Application of Federal election administration laws to
territories of the United States.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Authorizing payments to voting accessibility protection and
advocacy systems serving the American
Indian Consortium.
Sec. 1934. Application of Federal voter protection laws to territories
of the United States.
Sec. 1935. Placement of statues of citizens of territories of the
United States in Statuary Hall.
Sec. 1936. No effect on other laws.
Sec. 1937. Clarification of Exemption for States Without Voter
Registration.
Part 5--Voter Notice
Sec. 1941. Short title.
Sec. 1942. Public education campaigns in event of changes in elections
in response to emergencies.
Sec. 1943. Requirements for websites of election officials.
Sec. 1944. Payments by Election Assistance Commission to States for
costs of compliance.
Subtitle O--Severability
Sec. 1951. Severability.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Sec. 2302. Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the
United States.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State
commission.
Sec. 2402. Ban on mid-decade redistricting.
Sec. 2403. Criteria for redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent
redistricting commissions.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census
subpart a--application of certain requirements for redistricting
carried out pursuant to 2020 census
Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.
subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census
Sec. 2451. Use of independent redistricting commissions for
redistricting carried out pursuant to 2020
Census.
Sec. 2452. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2453. Criteria for redistricting plan; public notice and input.
Sec. 2454. Establishment of related entities.
Sec. 2455. Report on diversity of memberships of independent
redistricting commissions.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Residence of Incarcerated Individuals
Sec. 2701. Residence of incarcerated individuals.
Subtitle I--Findings Relating to Youth Voting
Sec. 2801. Findings relating to youth voting.
Subtitle J--Severability
Sec. 2901. Severability.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election
administration requirements under Help
America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-Limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Sec. 3106. Pre-election threat assessments.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other
guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Sec. 3305. Exemption of cybersecurity assistance from limitations on
amount of coordinated political party
expenditures.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Subtitle F--Election Security Grants Advisory Committee
Sec. 3501. Establishment of advisory committee.
Subtitle G--Miscellaneous Provisions
Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.
Subtitle H--Use of Voting Machines Manufactured in the United States
Sec. 3701. Use of voting machines manufactured in the United States.
Subtitle I--Study and Report on Bots
Sec. 3801. Short title.
Sec. 3802. Task Force.
Sec. 3803. Study and Report.
Subtitle J--Severability
Sec. 3901. Severability.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Establishing Duty To Report Foreign Election Interference
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Sec. 4002. Federal campaign reporting of foreign contacts.
Sec. 4003. Federal campaign foreign contact reporting compliance
system.
Sec. 4004. Criminal penalties.
Sec. 4005. Report to congressional intelligence committees.
Sec. 4006. Rule of construction.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 4101. Clarification of prohibition on participation by foreign
nationals in election-related activities.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 4103. Audit and report on illicit foreign money in Federal
elections.
Sec. 4104. Prohibition on contributions and donations by foreign
nationals in connections with ballot
initiatives and referenda.
Sec. 4105. Disbursements and activities subject to foreign money ban.
Sec. 4106. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Part 4--Disclosure of Contributions to Political Committees Immediately
Prior to Election
Sec. 4131. Disclosure of contributions to political committees
immediately prior to election.
Subtitle C--Strengthening Oversight of Online Political Advertising
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 4210. Independent study on media literacy and online political
content consumption.
Sec. 4211. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand by every ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on internet communications.
Sec. 4305. Effective date.
Subtitle E--Deterring Foreign Interference in Elections
Part 1--Deterrence Under Federal Election Campaign Act of 1971
Sec. 4401. Restrictions on exchange of campaign information between
candidates and foreign powers.
Sec. 4402. Clarification of standard for determining existence of
coordination between campaigns and outside
interests.
Sec. 4403. Prohibition on provision of substantial assistance relating
to contribution or donation by foreign
nationals.
Sec. 4404. Clarification of application of foreign money ban.
Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals
Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.
Part 3--Prohibiting Use of Deepfakes in Election Campaigns
Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.
Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists
Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.
Subtitle F--Secret Money Transparency
Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political
activity of certain nonprofit
organizations.
Sec. 4502. Repeal of regulations.
Subtitle G--Shareholder Right-to-Know
Sec. 4601. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders
of corporations have knowledge of
corporation political activity.
Sec. 4602. Assessment of shareholder preferences for disbursements for
political purposes.
Sec. 4603. Governance and operations of corporate PACs.
Subtitle H--Disclosure of Political Spending by Government Contractors
Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government
contractors.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle J--Miscellaneous Provisions
Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign
expenditure.
Subtitle E--Empowering Small Dollar Donations
Sec. 5401. Permitting political party committees to provide enhanced
support for candidates through use of
separate small dollar accounts.
Subtitle F--Severability
Sec. 5501. Severability.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Extension of statute of limitations for offenses under
Federal Election Campaign Act of 1971.
Sec. 6011. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Disposal of Contributions or Donations
Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
Sec. 6301. Recommendations to ensure filing of reports before date of
election.
Subtitle E--Severability
Sec. 6401. Severability.
DIVISION C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Sec. 7105. Disclaimer requirements for materials posted on online
platforms by agents of foreign principals
on behalf of clients.
Sec. 7106. Clarification of treatment of individuals who engage with
the United States in political activities
for a foreign principal in any place as
agents of foreign principals.
Sec. 7107. Analysis and report on challenges to enforcement of Foreign
Agents Registration Act of 1938.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of
1995.
Sec. 7202. Prohibiting receipt of compensation for lobbying activities
on behalf of foreign countries violating
human rights.
Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon
making any lobbying contacts.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Clearinghouse on Lobbying Information
Sec. 7401. Establishment of clearinghouse.
Subtitle F--Severability
Sec. 7501. Severability.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government
officers and employees.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal defense funds.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency ethics officials training and duties.
Sec. 8036. Prohibition on use of funds for certain Federal employee
travel in contravention of certain
regulations.
Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.
Subtitle I--Severability
Sec. 8081. Severability.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards
under Congressional Accountability Act of
1995 in all cases of employment
discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are
registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
Sec. 9401. Reports on outside compensation earned by congressional
employees.
Subtitle F--Severability
Sec. 9501. Severability.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
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 ``For the People Act of 2021'' 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, 588 U.S. ____, 32-33
(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 particularly
strong 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 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, voter identification requirements, 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 a 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.
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security
number.
Sec. 1006. Report on data collection.
Sec. 1007. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1008. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
Part 5--Other Initiatives To Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Sec. 1052. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to
remind individuals to update voter
registration.
Sec. 1054. Grants to States for activities to encourage involvement of
minors in election activities.
Sec. 1055. Permission to place exhibits.
Sec. 1056. Requiring States to establish and operate voter privacy
programs.
Sec. 1057. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Part 8--Voter Registration Efficiency Act
Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves
as residence for voter registration
purposes.
Part 9--Providing Voter Registration Information to Secondary School
Students
Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to
graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.
Part 10--Voter Registration of Minors
Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.
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. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1103. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1104. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.
Sec. 1624. Study and report on vote-by-mail procedures.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. Department of Justice report on voter disenfranchisement.
Sec. 1708. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Voter information response systems and hotline.
Sec. 1906. Ensuring equitable and efficient operation of polling
places.
Sec. 1907. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal
office.
Sec. 1908. Prohibiting States from restricting curbside voting.
Sec. 1909. Election Day as legal public holiday.
Sec. 1910. GAO study on voter turnout rates.
Sec. 1910A. Study on ranked-choice voting.
Part 2--Disaster and Emergency Contingency Plans
Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and
emergencies.
Part 3--Improvements in Operation of Election Assistance Commission
Sec. 1921. Reauthorization of Election Assistance Commission.
Sec. 1922. Requiring States to participate in post-general election
surveys.
Sec. 1923. Reports by National Institute of Standards and Technology on
use of funds transferred from Election
Assistance Commission.
Sec. 1924. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1925. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Part 4--Miscellaneous Provisions
Sec. 1931. Application of Federal election administration laws to
territories of the United States.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Authorizing payments to voting accessibility protection and
advocacy systems serving the American
Indian Consortium.
Sec. 1934. Application of Federal voter protection laws to territories
of the United States.
Sec. 1935. Placement of statues of citizens of territories of the
United States in Statuary Hall.
Sec. 1936. No effect on other laws.
Sec. 1937. Clarification of Exemption for States Without Voter
Registration.
Part 5--Voter Notice
Sec. 1941. Short title.
Sec. 1942. Public education campaigns in event of changes in elections
in response to emergencies.
Sec. 1943. Requirements for websites of election officials.
Sec. 1944. Payments by Election Assistance Commission to States for
costs of compliance.
Subtitle O--Severability
Sec. 1951. Severability.
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2021''.
(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--PROMOTING INTERNET REGISTRATION
SEC. 1001. 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.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send 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.
``(2) Notice of disposition.--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 send the individual a notice
of the disposition of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail and--
``(A) in the case of an individual who has provided
the official with an electronic mail address, by
electronic mail; and
``(B) 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, consistent with section 7(a)(5)--
``(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) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(i) 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))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) 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. 1002. 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 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. 1003. 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) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 1004. 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. 1005. 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. 1006. REPORT ON DATA COLLECTION.
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,
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. 1007. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS
APPLICATION FOR ABSENTEE BALLOT.
Section 5(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20504(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) 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.''.
SEC. 1008. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made by section
1004) shall take effect January 1, 2022.
(b) Waiver.--Subject to the approval of the Election Assistance
Commission, if a State certifies to the Election Assistance Commission
that the State will not meet the deadline referred to in subsection (a)
because of extraordinary circumstances and includes in the
certification the reasons for the failure to meet the deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2022'' were a reference to ``January 1,
2024''.
PART 2--AUTOMATIC VOTER REGISTRATION
SEC. 1011. 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 at every level to ensure that all eligible
citizens are registered to vote in elections for
Federal office;
(B) to enable the State and Federal 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. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States To Establish and Operate Automatic
Registration System.--
(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 part.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.
(b) Registration of Voters Based on New Agency Records.--The chief
State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual pursuant
to section 1013, ensure that the individual is registered to
vote in elections for Federal office in the State if the
individual is eligible to be registered to vote in such
elections; and
(2) not later than 120 days after a contributing agency has
transmitted such information with respect to the 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.
(c) One-Time Registration of Voters Based on Existing Contributing
Agency Records.--The chief State election official shall--
(1) identify all individuals whose information is
transmitted by a contributing agency pursuant to section 1014
and who are eligible to be, but are not currently, registered
to vote in that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this part,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is
voluntary, but if the individual does not decline
registration, the individual will be registered to
vote;
(B) a statement offering the opportunity to decline
voter registration through means consistent with the
requirements of this part;
(C) 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, a
statement offering the individual the opportunity to
affiliate or enroll with a political party or to
decline to affiliate or enroll with a political party,
through means consistent with the requirements of this
part;
(D) 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 of the National Voter
Registration Act of 1993, the consequences of false
registration, and a statement that the individual
should decline to register if the individual does not
meet all those qualifications;
(E) instructions for correcting any erroneous
information;
(F) instructions for providing any additional
information which is 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; and
(G) an explanation of what information the 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 what privacy programs are available, such
as those described in section 1056;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after the
official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins on
the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the internet, or by
an officially logged telephone communication; and
(4) send written notice to each such individual, in
addition to other means of notice established by this part, of
the individual's voter registration status.
(d) 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 part on the grounds that the individual is less than
18 years of age at the time a contributing 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.
(e) Contributing Agency Defined.--In this part, the term
``contributing agency'' means, with respect to a State, an agency
listed in section 1013(e).
SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this part, each contributing
agency in a State shall assist the State's chief election official in
registering to vote all eligible individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the case
of an institution of higher education, with each registration
of a student for enrollment in a course of study, each
contributing agency that (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) shall inform each such
individual who is a citizen of the United States of the
following:
(A) 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.
(B) 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 of the National Voter
Registration Act of 1993, the consequences of false
registration, and the individual should decline to
register if the individual does not meet all those
qualifications.
(C) 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.
(D) 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.
(2) Opportunity to decline registration required.--Except
as otherwise provided in this section, each contributing agency
shall ensure that each application for service or assistance,
and each related recertification, renewal, or change of address
cannot be completed until the individual is given the
opportunity to decline to be registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date a contributing agency as
described in paragraph (1) informs an individual of the
information described in such paragraph, unless the individual
has declined to be registered to vote or informs the agency
that they are already registered to vote, each contributing
agency shall electronically transmit to the appropriate State
election official, in a format compatible with the statewide
voter database maintained under section 303 of the Help America
Vote Act of 2002 (52 U.S.C. 21083), the following information:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a
citizen of the United States.
(E) The date on which information pertaining to
that individual was collected or last updated.
(F) If available, the individual's signature in
electronic form.
(G) Except in the case in which the contributing
agency is a covered institution of higher education, 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.
(H) 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.
(c) Alternate Procedure for Certain Contributing Agencies.--With
each application for service or assistance, and with each related
recertification, renewal, or change of address, any contributing agency
that in the normal course of its operations does not request
individuals applying for service or assistance to affirm United States
citizenship (either directly or as part of the overall application for
service or assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) 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
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration Opportunity
With Each Application for Service or Assistance.--Each contributing
agency shall offer each individual, with each application for service
or assistance, and with each related recertification, renewal, or
change of address, or in the case of an institution of higher
education, with each registration of a student for enrollment in a
course of study, the opportunity to register to vote as prescribed by
this section without regard to whether the individual previously
declined a registration opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by
Federal law to provide voter registration services,
including the State motor vehicle authority and other
voter registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a
program pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.), title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), or the Patient
Protection and Affordable Care Act (Public Law 111-
148).
(C) Each State agency primarily responsible for
regulating the private possession of firearms.
(D) Each State agency primarily responsible for
maintaining identifying information for students
enrolled at public secondary schools, including, where
applicable, the State agency responsible for
maintaining the education data system described in
section 6201(e)(2) of the America COMPETES Act (20
U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the State agency responsible for administering
that sentence, or part thereof, or that restoration of
rights.
(F) Any other agency of the State which is
designated by the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal Government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the
Department of Veterans Affairs, the Defense Manpower
Data Center of the Department of Defense, the Employee
and Training Administration of the Department of Labor,
and the Center for Medicare & Medicaid Services of the
Department of Health and Human Services.
(B) The Bureau of Citizenship and Immigration
Services, but only with respect to individuals who have
completed the naturalization process.
(C) In the case of an individual who is a resident
of a State in which an individual disenfranchised by a
criminal conviction under Federal law may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the Federal agency responsible for
administering that sentence or part thereof (without
regard to whether the agency is located in the same
State in which the individual is a resident), but only
with respect to individuals who have completed the
criminal sentence or any part thereof.
(D) Any other agency of the Federal Government
which the State designates as a contributing agency,
but only if the State and the head of the agency
determine that the agency collects information
sufficient to carry out the responsibilities of a
contributing agency under this section.
(3) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(4) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
(f) Institutions of Higher Education.--
(1) In general.--Each covered institution of higher
education shall be treated as a contributing agency in the
State in which the institution is located with respect to in-
State students.
(2) Procedures.--
(A) In general.--Notwithstanding section 444 of the
General Education Provisions Act (20 U.S.C. 1232g;
commonly referred to as the 'Family Educational Rights
and Privacy Act of 1974'') or any other provision of
law, each covered institution of higher education shall
comply with the requirements of subsection (b) with
respect to each in-State student.
(B) Rules for compliance.--In complying with the
requirements described in subparagraph (A), the
institution--
(i) may use information provided in the
Free Application for Federal Student Aid
described in section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090) to
collect information described in paragraph (3)
of such subsection for purposes of transmitting
such information to the appropriate State
election official pursuant to such paragraph;
and
(ii) shall not be required to prevent or
delay students from enrolling in a course of
study or otherwise impede the completion of the
enrollment process; and (iii) shall not
withhold, delay, or impede the provision of
Federal financial aid provided under title IV
of the Higher Education Act of 1965.
(C) Clarification.--Nothing in this part may be
construed to require an institution of higher education
to request each student to affirm whether or not the
student is a United States citizen or otherwise collect
information with respect to citizenship.
(3) Definitions.--
(A) Covered institution of higher education.--In
this section, the term ``covered institution of higher
education'' means an institution of higher education
that--
(i) has a program participation agreement
in effect with the Secretary of Education under
section 487 of the Higher Education Act of 1965
(20 U.S.C. 1094);
(ii) in its normal course of operations,
requests each in-State student enrolling in the
institution to affirm whether or not the
student is a United States citizen; and
(iii) is located in a State to which
section 4(b)(1) of the National Voter
Registration Act of 1993 (52 U.S.C.
20503(b)(1)) does not apply.
(B) In-state student.--In this section, the term
``in-State student''--
(i) means a student enrolled in a covered
institution of higher education who, for
purposes related to in-State tuition, financial
aid eligibility, or other similar purposes,
resides in the State; and
(ii) includes a student described in clause
(i) who is enrolled in a program of distance
education, as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF
ELIGIBLE VOTERS IN EXISTING RECORDS.
(a) Initial Transmittal of Information.--For each individual
already listed in a contributing agency's records as of the date of
enactment of this Act, and for whom the agency has the information
listed in section 1013(b)(3), the agency shall promptly transmit that
information to the appropriate State election official in accordance
with section 1013(b)(3) not later than the effective date described in
section 1021(a).
(b) Transition.--For each individual listed in a contributing
agency's records as of the effective date described in section 1021(a)
(but who was not listed in a contributing agency's records as of the
date of enactment of this Act), and for whom the agency has the
information listed in section 1013(b)(3), the Agency shall promptly
transmit that information to the appropriate State election official in
accordance with section 1013(b)(3) not later than 6 months after the
effective date described in section 1021(a).
SEC. 1015. 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 under this part.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this part.
(3) The individual was automatically registered to vote
under this part 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, under this part.
(b) Limits on Use of Automatic Registration.--The automatic
registration 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) under this part
may not be used as evidence against that individual in any State or
Federal law enforcement proceeding, 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) Contributing Agencies' Protection of Information.--Nothing in
this part authorizes a contributing agency to collect, retain,
transmit, or publicly disclose any of the following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 1013(b)(3), except in pursuing the agency's
ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with
respect to any individual for whom any State election
official receives information from a contributing
agency, the State election officials shall not publicly
disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to
vote.--With respect to any individual for whom any
State election official receives information from a
contributing agency and who, on the basis of such
information, is registered to vote in the State under
this part, the State election officials shall not
publicly disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(2) 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.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology 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;
and
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request.
(4) Security policy.--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--
(A) 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
(B) security safeguards to protect personal
information transmitted through the information
transmittal processes of section 1013 or section 1014,
the online system used pursuant to section 1017, any
telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer 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 (3) and (4). 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
(3) and (4) of section 1015(e) 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.
(f) 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,
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 1013(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under 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. 1016. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), if an individual is registered to vote in elections
for Federal office held in a State, the appropriate election official
at the polling place for any such election (including a location used
as a polling place on a date other than the date of the election) shall
permit the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political party
affiliation, in the records of the election official; and
(3) cast a ballot in the election on the basis of the
updated address or corrected information, and to have the
ballot treated as a regular ballot and not as a provisional
ballot under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration Lists.--If
an election official at the polling place receives an updated address
or corrected information from an individual under subsection (a), the
official shall ensure that the address or information is promptly
entered into the computerized statewide voter registration list in
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 1017. 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 (or, in the case of an exempt State, in
implementing its existing automatic voter registration program).
(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 contributing agencies 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) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2021; 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. 1018. TREATMENT OF EXEMPT STATES.
(a) Waiver of Requirements.--Except as provided in subsection (b),
this part does not apply with respect to an exempt State.
(b) Exceptions.--The following provisions of this part apply with
respect to an exempt State:
(1) section 1016 (relating to registration portability and
correction).
(2) section 1017 (relating to payments and grants).
(3) Section 1019(e) (relating to enforcement).
(4) Section 1019(f) (relating to relation to other laws).
SEC. 1019. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each contributing
agency shall ensure that the services it provides under this part are
made available to individuals with disabilities to the same extent as
services are made available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--Nothing in
this part shall be construed to prevent a contributing agency from
contracting with a third party to assist the agency in meeting the
information transmittal requirements of this part, so long as the data
transmittal complies with the applicable requirements of this part,
including the privacy and security provisions of section 1015.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this part and by
the State under sections 1015 and 1016 shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this part 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 part that require
a response must offer the individual notified the opportunity to
respond at no cost to the individual.
(e) 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.
(f) Relation to Other Laws.--Except as provided, nothing in 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.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 1020. 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 ``exempt State'' means a State which, under
law which is in effect continuously on and after the date of
the enactment of this Act, operates an automatic voter
registration program under which an individual is automatically
registered to vote in elections for Federal office in the State
if the individual provides the motor vehicle authority of the
State (or, in the case of a State in which an individual is
automatically registered to vote at the time the individual
applies for benefits or services with a Permanent Dividend Fund
of the State, provides the appropriate official of such Fund)
with such identifying information as the State may require.
(4) 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. 1021. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall apply with respect to a
State beginning January 1, 2023.
(b) Waiver.--Subject to the approval of the Commission, if a State
certifies to the Commission that the State will not meet the deadline
referred to in subsection (a) because of extraordinary circumstances
and includes in the certification the reasons for the failure to meet
the 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 3--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; 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.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2022 and for any
subsequent election for Federal office.''.
(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--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS
SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF
ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS.
(a) Minimum Information Required for Removal Under Cross-Check.--
Section 8(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(c))(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) To the extent that the program carried out by a State under
subparagraph (A) to systematically remove the names of ineligible
voters from the official lists of eligible voters uses information
obtained in an interstate cross-check, in addition to any other
conditions imposed under this Act on the authority of the State to
remove the name of the voter from such a list, the State may not remove
the name of the voter from such a list unless--
``(i) the State obtained the voter's full name (including
the voter's middle name, if any) and date of birth, and the
last 4 digits of the voter's social security number, in the
interstate cross-check; or
``(ii) the State obtained documentation from the ERIC
system that the voter is no longer a resident of the State.
``(C) In this paragraph--
``(i) the term `interstate cross-check' means the
transmission of information from an election official in one
State to an election official of another State; and
``(ii) the term `ERIC system' means the system operated by
the Electronic Registration Information Center to share voter
registration information and voter identification information
among participating States.''.
(b) Requiring Completion of Cross-Checks Not Later Than 6 Months
Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52
U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days''
and inserting the following: ``not later than 90 days (or, in the case
of a program in which the State uses interstate cross-checks, not later
than 6 months)''.
(c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of
such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1),
is amended by striking ``Subparagraph (A)'' and inserting ``This
paragraph''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to elections held on or after the expiration of the 6-
month period which begins on the date of the enactment of this Act.
PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION
SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of each
year, each State shall submit to the Election Assistance Commission and
Congress a report containing the following categories of information
for the year:
(1) The number of individuals who were registered under
part 2.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor vehicle
authorities in the State (pursuant to section 5(d) of the
National Voter Registration Act of 1993) and voter registration
agencies in the State (as designated under section 7 of such
Act) to the chief State election official of the State, broken
down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to vote
in the State and the number of such individuals whose forms
were rejected and who were not registered to vote in the State,
broken down by each such authority and agency.
(4) The number of change of address forms and other forms
of information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down by
each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information was
revised as a result of such a request.
(7) The number of individuals who were purged from the
official voter registration list or moved to inactive status,
broken down by the reason for those actions, including the
method used for identifying those voters.
(b) Breakdown of Information.--In preparing the report under this
section, the State shall, for each category of information described in
subsection (a), include a breakdown by race, ethnicity, age, and gender
of the individuals whose information is included in the category, to
the extent that information on the race, ethnicity, age, and gender of
such individuals is available to the State.
(c) Confidentiality of Information.--In preparing and submitting a
report under this section, the chief State election official shall
ensure that no information regarding the identification of any
individual is revealed.
(d) State Defined.--In this section, a ``State'' includes 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, but does not include any State in which,
under a State law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration requirement for
individuals in the State with respect to elections for Federal office.
SEC. 1052. 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.
SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS FORM TO
REMIND INDIVIDUALS TO UPDATE VOTER REGISTRATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Postmaster General shall modify any hard
copy change of address form used by the United States Postal Service so
that such form contains a reminder that any individual using such form
should update the individual's voter registration as a result of any
change in address.
(b) Application.--The requirement in subsection (a) shall not apply
to any electronic version of a change of address form used by the
United States Postal Service.
SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF
MINORS IN ELECTION ACTIVITIES.
(a) Grants.--
(1) In general.--The Election Assistance Commission
(hereafter in this section referred to as the ``Commission'')
shall make grants to eligible States to enable such States to
carry out a plan to increase the involvement of individuals
under 18 years of age in public election activities in the
State.
(2) Contents of plans.--A State's plan under this
subsection shall include--
(A) methods to promote the use of the pre-
registration process implemented under section 8A of
the National Voter Registration Act of 1993 (as added
by section 2(a));
(B) modifications to the curriculum of secondary
schools in the State to promote civic engagement; and
(C) such other activities to encourage the
involvement of young people in the electoral process as
the State considers appropriate.
(b) 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--
(1) a description of the State's plan under subsection (a);
(2) a description of the performance measures and targets
the State will use to determine its success in carrying out the
plan; and
(3) such other information and assurances as the Commission
may require.
(c) Period of Grant; Report.--
(1) Period of grant.--A State receiving a grant under this
section shall use the funds provided by the grant over a 2-year
period agreed to between the State and the Commission.
(2) Report.--Not later than 6 months after the end of the
2-year period agreed to under paragraph (1), the State shall
submit to the Commission a report on the activities the State
carried out with the funds provided by the grant, and shall
include in the report an analysis of the extent to which the
State met the performance measures and targets included in its
application under subsection (b)(2).
(d) State Defined.--In this section, the term ``State'' means each
of the several States and the District of Columbia.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $25,000,000, to remain
available until expended.
SEC. 1055. PERMISSION TO PLACE EXHIBITS.
The Secretary of Homeland Security shall implement procedures to
allow the chief election officer of a State to provide information
about voter registration, including through a display or exhibit, after
the conclusion of an administrative naturalization ceremony in that
State.
SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE 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 the 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).
SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN
LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING
AND MORTGAGE APPLICATIONS.
(a) Development of Uniform Statement.--The Director of the Bureau
of Consumer Financial Protection, in coordination with the Election
Assistance Commission, shall develop a uniform statement designed to
provide recipients of such statement pursuant to this section of how
they can register to vote and their voting rights under law.
(b) Leases and Vouchers for Federally Assisted Rental Housing.--The
Secretary of Housing and Urban Development shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (a) to each
lessee of a dwelling unit in public housing administered by
such agency--
(A) together with the lease for such a dwelling
unit, at the same time such lease is provided to the
lessee; and
(B) together with any income verification form, at
the same time such form is provided to the lessee;
(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 (a) to each assisted family or
individual--
(A) together with the voucher for such assistance,
at the time such voucher is issued for such family or
individual; and
(B) together with any income verification form, at
the same time such form is provided to the applicant or
assisted family or individual; and
(3) each owner of a dwelling unit assisted with Federal
project-based rental assistance to provide a copy of the
uniform statement developed pursuant to subsection (a) to
provide to the lessee of such dwelling unit--
(A) together with the lease for such dwelling unit,
at the same time such form is provided to the lessee;
and
(B) together with any income verification form, at
the same time such form is provided to the applicant or
tenant;
except that the Secretary of Agriculture shall administer the
requirement under this paragraph with respect to Federal
project-based rental assistance specified in subsection
(e)(1)(D).
(c) Applications for Residential Mortgage Loans.--The Director of
the Bureau of Consumer Financial Protection shall require each creditor
that receives an application (within the meaning of such term as used
in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential
mortgage loan to provide a copy of the uniform statement developed
pursuant to subsection (a) in written form to the applicant for such
residential mortgage loan, within 5 business days of the date of
application.
(d) Optional Completion of Application.--Nothing in this section
may be construed to require any individual to complete an application
for voter registration.
(e) Definitions.--As used in this section:
(1) Federal project-based rental assistance.--The term
``Federal project-based rental assistance'' means project-based
rental assistance provided under--
(A) section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
(B) section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
(C) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(D) 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);
(E) subtitle D of title VIII of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
(F) title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.);
(G) 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
(H) subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.).
(2) Owner.--The term ``owner'' has the meaning given such
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(3) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given such terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan which 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.
(f) Regulations.--The Secretary of Housing and Urban Development,
the Secretary of Agriculture, and the Director of the Consumer
Financial Protection Bureau may issue such regulations as may be
necessary to carry out this section.
PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS
SEC. 1061. 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.--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.
PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 1071. 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. 1072. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission 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 1071), 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.''.
PART 8--VOTER REGISTRATION EFFICIENCY ACT
SEC. 1081. SHORT TITLE.
This part may be cited as the ``Voter Registration Efficiency
Act''.
SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN
NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE
FOR VOTER REGISTRATION PURPOSES.
(a) Requirements for Applicants for Licenses.--Section 5(d) of the
National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is
amended--
(1) by striking ``Any change'' and inserting ``(1) Any
change''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A State motor vehicle authority shall require each
individual applying for a motor vehicle driver's license in the
State--
``(i) to indicate whether the individual
resides in another State or resided in another
State prior to applying for the license, and,
if so, to identify the State involved; and
``(ii) to indicate whether the individual
intends for the State to serve as the
individual's residence for purposes of
registering to vote in elections for Federal
office.
``(B) If pursuant to subparagraph (A)(ii) an
individual indicates to the State motor vehicle
authority that the individual intends for the State to
serve as the individual's residence for purposes of
registering to vote in elections for Federal office,
the authority shall notify the motor vehicle authority
of the State identified by the individual pursuant to
subparagraph (A)(i), who shall notify the chief State
election official of such State that the individual no
longer intends for that State to serve as the
individual's residence for purposes of registering to
vote in elections for Federal office.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to elections occurring in 2021 or any
succeeding year.
PART 9--PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL
STUDENTS
SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REGISTRATION INFORMATION
TO SECONDARY SCHOOL STUDENTS PRIOR TO GRADUATION.
(a) Pilot Program.--The Election Assistance Commission (hereafter
in this part referred to as the ``Commission'') shall carry out a pilot
program under which the Commission shall provide funds during the 1-
year period beginning after the date of the enactment of this part to
eligible local educational agencies for initiatives to provide
information on registering to vote in elections for public office to
secondary school students in the 12th grade.
(b) Eligibility.--A local educational agency is eligible to receive
funds under the pilot program under this part if the agency submits to
the Commission, at such time and in such form as the Commission may
require, an application containing--
(1) a description of the initiatives the agency intends to
carry out with the funds;
(2) a description of how the agency will prioritize access
to such initiatives for schools that serve--
(A) the highest numbers or percentages of students
counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333(c));
and
(B) the highest percentages of students who are
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) (which, in the case of a high school, may
be calculated using comparable data from the schools
that feed into the high school), as compared to other
public schools in the jurisdiction of the agency;
(3) an estimate of the costs associated with such
initiatives; and
(4) such other information and assurances as the Commission
may require.
(c) Priority for Schools Receiving Title I Funds.--In selecting
among eligible local educational agencies for receiving funds under the
pilot program under this part, the Commission shall give priority to
local educational agencies that receive funds under part A of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.).
(d) Consultation With Election Officials.--A local educational
agency receiving funds under the pilot program shall consult with the
State and local election officials who are responsible for
administering elections for public office in the area served by the
agency in developing the initiatives the agency will carry out with the
funds.
(e) Definitions.--In this part, the terms ``local educational
agency'' and ``secondary school'' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
SEC. 1092. REPORTS.
(a) Reports by Recipients of Funds.--Not later than the expiration
of the 90-day period which begins on the date of the receipt of the
funds, each local educational agency receiving funds under the pilot
program under this part shall submit a report to the Commission
describing the initiatives carried out with the funds and analyzing
their effectiveness.
(b) Report by Commission.--Not later than the expiration of the 60-
day period which begins on the date the Commission receives the final
report submitted by a local educational agency under subsection (a),
the Commission shall submit a report to Congress on the pilot program
under this part.
SEC. 1093. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this part.
PART 10--VOTER REGISTRATION OF MINORS
SEC. 1094. 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 1004,
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.
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),
is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) 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;
``(3) 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;
``(4) 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);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the
case in which the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case in which the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; 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.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Disabled Voters in
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot 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.
``(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 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)(3);
``(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)(3)(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, 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) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Attorney General grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to individuals with disabilities enough
time to vote in an election for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit such individuals an
absentee ballot in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such
individuals are able to receive absentee ballots which
they have requested and submit marked absentee ballots
to the appropriate State election official in time to
have that ballot counted in the election for Federal
office, which includes--
``(i) the steps the State will undertake to
ensure that such individuals have time to
receive, mark, and submit their ballots in time
to have those ballots counted in the election;
``(ii) why the plan provides such
individuals sufficient time to vote as a
substitute for the requirements under such
subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--The Attorney General
shall approve a waiver request under paragraph (1) if the
Attorney General determines each of the following requirements
are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides individuals with
disabilities sufficient time to receive absentee
ballots they have requested and submit marked absentee
ballots to the appropriate State election official in
time to have that ballot counted in the election for
Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(5)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Attorney General the
written waiver request not later than 90 days before
the election for Federal office with respect to which
the request is submitted. The Attorney General shall
approve or deny the waiver request not later than 65
days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Attorney General the written waiver
request as soon as practicable. The Attorney General
shall approve or deny the waiver request not later than
5 business days after the date on which the request is
received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Attorney General
shall only approve a waiver if the State has submitted a
request under paragraph (1) with respect to such election.
``(f) Rule of Construction.--Nothing in this section may be
construed to allow the marking or casting of ballots over the internet.
``(g) 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.
``(h) 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 305, January 1, 2022.''.
(2) Redesignation.--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.
(c) 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;
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.'';
and
(3) by redesignating the items relating to sections 311 and
312 as relating to sections 321 and 322.
SEC. 1102. 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 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. 1103. 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. 1104. 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--Prohibiting Voter Caging
SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 1071(a), is amended by adding at the end the
following:
``Sec. 613. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document 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 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, unless at least two
Federal election cycles have passed since the date of
the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a 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 of the
Revised Statutes, as amended (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) 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 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 age, 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 Election Day,
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.
``(d) Penalties for Knowing Misconduct.--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 this title
or imprisoned not more than 1 year, or both, for each such violation.
Each violation shall be a separate offense.
``(e) 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.).''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 1071(b), is amended
by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING
VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish for the use of States recommendations for best practices to
deter and prevent violations of section 613 of title 18, United States
Code, as added by section 1201(a), including practices to provide for
the posting of relevant information at polling places and voter
registration agencies, the training of poll workers and election
officials, and relevant educational measures. 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 Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)),
as amended by section 1072(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition
against voter caging and other questionable challenges
(as set forth in section 613 of title 18, United States
Code), including information on how individuals may
report allegations of violations of such
prohibition.''.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2021''.
SEC. 1302. 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).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, 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, 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
subsection (b)(2), (b)(3), or (b)(4) 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, run-off, 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 mislead voters, or
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
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 subsection
(e), 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.
``(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, run-off, 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. 1303. 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 1302(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. 1304. 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 1302(a), relating to the general election for Federal
office and any primary, run-off, 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 1302(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 1302(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 subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
Subtitle E--Democracy Restoration
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration Act of
2021''.
SEC. 1402. 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 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.
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) Two States (Maine and Vermont), the District of
Columbia, and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all,
but 48 States have laws that deny convicted individuals the
right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under the
supervision of the criminal justice system or after they have
completed a criminal sentence. In 30 States, convicted
individuals may not vote while they are on parole and 27 States
disenfranchise individuals on felony probation as well. In 11
States, a conviction can result in lifetime disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,200,000 citizens of the United States,
or about 1 in 44 adults in the United States, currently cannot
vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting, only 24 percent are in prison. By
contrast, 75 percent of the disenfranchised reside in their
communities while on probation or parole or after having
completed their sentences. Approximately 2,200,000 citizens who
have completed their sentences remain disenfranchised due to
restrictive State laws. In at least 6 States--Alabama, Florida,
Kentucky, Mississippi, Tennessee, and Virginia--more than 5
percent of the total voting-age population is disenfranchised.
(9) 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
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.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. More than 6 percent of the
African-American voting-age population, or 1,800,000 African
Americans, are disenfranchised. Currently, 1 of every 16
voting-age African Americans are rendered unable to vote
because of felony disenfranchisement, which is a rate more than
3.7 times greater than non-African Americans. Over 6 percent of
African-American adults are disenfranchised whereas only 1.7
percent of non-African Americans are. In 7 States (Alabama, 16
percent; Florida, 15 percent; Kentucky, 15 percent;
Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16
percent; and Wyoming, 36 percent), more than 1 in 7 African
Americans are unable to vote because of prior convictions,
twice the national average for African Americans.
(11) Latino citizens are 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.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
SEC. 1403. 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. 1404. 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. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2021 and may register to vote in any such election and 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 shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2021 and may register to vote in
any such election and 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--
(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. 1406. 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. 1407. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this subtitle
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 are in addition to all other rights and remedies provided
by law, and neither rights and remedies established by this Act shall
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. 1408. 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 1403.
SEC. 1409. 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 F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2021''.
SEC. 1502. 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-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified 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 to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verified 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
without the voter's consent.
``(ii) Preservation as official record.--
The individual, durable, voter-verified paper
ballot used in accordance with clause (i) 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.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and 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-verified paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified paper ballots used pursuant to
subparagraph (A)(i) with respect to any
election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(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. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(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-verified paper ballot as for
other voters;
``(ii) satisfy the requirement of subparagraph (A)
through the use of a sufficient number, but at least
one, of voting systems, as determined by the Commission
in consultation with the United States Access Board and
the National Institute of Standards and Technology,
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, for all in person
voting options; and
``(iii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows 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 counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;''.
(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 246 the following
new section:
``SEC. 247. 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 three eligible entities to
study, test, and develop accessible and secure remote voting systems
and voting, verification, and casting devices to enhance the
accessibility of voting and verification for individuals with
disabilities.
``(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
determines 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
246 the following new item:
``Sec. 247. Study and report on accessible voting options.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance 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. 1504. 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-verified 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-verified
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 an
optical character recognition device or other device
equipped for individuals with disabilities.''.
SEC. 1505. 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 January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 1504, is further amended by adding at
the end the following new paragraph:
``(8) Printing requirements for ballots.--All paper ballots
used in an election for Federal office shall be printed in the
United States on paper manufactured in the United States.''.
SEC. 1507. 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 and
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) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 2020.--
``(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
`2024', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-verified paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (7) of subsection
(a) (relating to durability and
readability requirements for ballots).
``(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)(I),
(3)(B)(iii)(i) and (II), 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 2024.
``(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 pre-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 pre-
printed blank paper ballot. The notice
shall take into consideration factors
including the linguistic preferences of
voters in the jurisdiction.
``(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 pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `any election for Federal
office held in 2022 or any succeeding year' were a
reference to `elections for Federal office occurring
held in 2024 or each succeeding year', but only with
respect to paragraph (3)(B)(iii)(II) of subsection (a)
(relating to nonmanual casting of the durable paper
ballot).''.
Subtitle G--Provisional Ballots
SEC. 1601. 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) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official of the jurisdiction in which the individual
is registered shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(e) 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.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C.
21082(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
Subtitle H--Early Voting
SEC. 1611. 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)
and section 1101(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--
``(1) In general.--Each State 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 the
same manner as voting is allowed on such date.
``(2) 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 on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 10 hours on each
day;
``(2) have uniform hours each day for which such voting
occurs; and
``(3) 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).
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on
a public transportation route.
``(2) Availability in rural areas.--The State shall ensure
that polling places which allow voting during an early voting
period under subsection (a) will be located in rural areas of
the State, and shall 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) College campuses.--The State shall ensure that
polling places which allow voting during an early voting period
under subsection (a) will be located on campuses of
institutions of higher education in the State.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast during in-person early voting for
tabulation at least 14 days prior to the date of the election
involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(f) 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 Amendment 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
For the People Act of 2021, June 30, 2022.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c) and section 1101(c), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Early voting.''.
Subtitle I--Voting by Mail
SEC. 1621. VOTING BY MAIL.
(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 1101(a), and section 1611(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309; and
(2) by inserting after section 306 the following new
section:
``SEC. 307. 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 ballot.--A State may not require
an individual to provide any form of identification as
a condition of obtaining an absentee ballot, except
that nothing in this paragraph may be construed to
prevent a State from requiring a signature of the
individual or similar affirmation as a condition of
obtaining an absentee ballot.
``(B) 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.
``(C) Deadline for returning ballot.--A State may
impose a reasonable deadline for requesting the
absentee ballot and related voting materials from the
appropriate State or local election official and for
returning the ballot to the appropriate State or local
election official.
``(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.
``(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 an 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 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.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits 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) make a good faith effort to
immediately 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
10-day period which begins on the date
the official notifies the individual of
the discrepancy, such ballot will not
be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the 10-
day period described in clause (i)(II), 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 an
absentee ballot without a signature or submits 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) make a good faith effort to
immediately 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 10-day period which
begins on the date the official
notifies the individual that the ballot
did not include a signature or has some
other defect, such ballot will not be
counted; and
``(ii) count the ballot if, prior to the
expiration of the 10-day period described in
clause (i)(II), 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.--An election official may
not make a determination that a discrepancy exists
between the signature on an absentee ballot and the
signature of the individual who submits the ballot 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.
``(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 Congress and 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) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means the period beginning on January 1 of any odd
numbered year and ending on December 31 of the
following year.
``(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) Transmission of Applications, Ballots, and Balloting
Materials to Voters.--
``(1) Automatic transmission of absentee ballot
applications by mail.--
``(A) Transmission of applications.--Not later than
60 days before the date of an election for Federal
office, the appropriate State or local election
official shall transmit by mail an application for an
absentee ballot for the election to each individual who
is registered to vote in the election, or, in the case
of any State that does not register voters, all
individuals who are in the State's central voter file
(or if the State does not keep a central voter file,
all individuals who are eligible to vote in such
election).
``(B) Exception for individuals already receiving
applications automatically.--Subparagraph (A) does not
apply with respect to an individual to whom the State
is already required to transmit an application for an
absentee ballot for the election because the individual
exercised the option described in subparagraph (D) of
paragraph (2) to treat an application for an absentee
ballot in a previous election for Federal office in the
State as an application for an absentee ballot in all
subsequent elections for Federal office in the State.
``(C) Exception for states transmitting ballots
without application.--Subparagraph (A) does not apply
with respect to a State which transmits a ballot in an
election for Federal office in the State to a voter
prior to the date of the election without regard to
whether or not the voter submitted an application for
the ballot to the State.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to prohibit an individual
from submitting to the appropriate State or local
election official an application for an absentee ballot
in an election for Federal office, including through
the methods described in paragraph (2).
``(2) Other methods for applying for absentee ballot.--
``(A) In general.--In addition to such other
methods as the State may establish for an individual to
apply for an absentee ballot, the State shall permit an
individual--
``(i) to submit an application for an
absentee ballot online; and
``(ii) to submit an application for an
absentee ballot through the use of an automated
telephone-based system, subject to the same
terms and conditions applicable under this
paragraph to the services made available
online.
``(B) Treatment of websites.--The State shall be
considered to meet the requirements of subparagraph
(A)(i) 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--
``(i) to print the application so that the
individual may complete the application and
return it to the official; or
``(ii) 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.
``(C) Ensuring delivery prior to election.--If an
individual who is eligible to vote in an election for
Federal office submits an application for an absentee
ballot in the election, the appropriate State or local
election official shall ensure that the ballot and
relating voting materials are received by the
individual prior to the date of the election so long as
the individual's application is received by the
official not later than 5 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of
the election, except that 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 such
required period.
``(D) Application for all future elections.--At the
option of an individual, a State shall treat the
individual's application to vote by absentee ballot by
mail in an election for Federal office as an
application for an absentee ballot by mail in all
subsequent Federal elections held in the State.
``(3) Same-day processing.--The United States Postal
Service shall ensure, to the maximum extent practicable, that
ballots are processed and cleared from any postal facility or
post office on the same day the ballots are received at such a
facility or post office.
``(d) Accessibility for Individuals With Disabilities.--The 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 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, or
has been signed by the voter 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 10-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 10 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(1) In general.--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, the 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--
``(A) permitting the individual to deliver the
ballot to a polling place on any date on which voting
in the election is held at the polling place; and
``(B) 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.
``(2) Permitting voters to designate other person to return
ballot.--The State--
``(A) shall permit a voter to designate any person
to return a voted and sealed absentee ballot to the
post office, a ballot drop-off location, tribally
designated building, or election office so long as the
person designated to return the ballot 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;
and
``(B) may not put any limit on how many voted and
sealed absentee ballots any designated person can
return to the post office, a ballot drop off location,
tribally designated building, or election office.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast by mail for tabulation at least 14 days
prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(h) Prohibiting Certain Restrictions on Access to Voting
Materials.--
``(1) 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.
``(2) Unsolicited provision of voter registration
applications by election officials.--A State may not prohibit
an election official from providing an unsolicited application
to register to vote in an election for Federal office to any
individual who is eligible to register 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.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), and section 1611(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Promoting ability of voters to vote by mail.''.
(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 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 1 year after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).
SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM.
(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 1101(a), section 1611(a), and section 1621(a), is amended--
(1) by redesignating sections 308 and 309 as sections 309
and 310; and
(2) by inserting after section 307 the following new
section:
``SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of absentee ballots in an election for Federal
office under which the State or local election official responsible for
the receipt of voted absentee 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, by means of online access using the Internet site
of the official's office.
``(b) Information on Whether Vote Was Accepted.--The information
referred to under subsection (a) with respect to the receipt of 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.
``(c) Use of Toll-Free Telephone Number by Officials Without
Internet Site.--A program established by a State or local election
official whose office does not have an Internet site may meet the
requirements of subsection (a) if the official has established a toll-
free telephone number that may be used by an individual who cast an
absentee ballot to obtain the information on the receipt of the voted
absentee ballot as provided under such subsection.
``(d) 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) 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 308 (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.''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), and
section 1621(b), 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 308 and
309 as relating to sections 309 and 310; and
(3) by inserting after the item relating to section 307 the
following new item:
``Sec. 308. Absentee ballot tracking program.''.
SEC. 1623. VOTING MATERIALS POSTAGE.
(a) Prepayment of Postage on Return Envelopes.--
(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 1101(a), section 1611(a), section
1621(a), and section 1622(a), is amended--
(A) by redesignating sections 309 and 310 as
sections 310 and 311; and
(B) by inserting after section 308 the following
new section:
``SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING
MATERIALS.
``(a) Provision of Return Envelopes.--The appropriate State or
local election official shall provide a self-sealing return envelope
with--
``(1) any voter registration application form transmitted
to a registrant by mail;
``(2) any application for an absentee ballot transmitted to
an applicant by mail; and
``(3) any blank absentee ballot transmitted to a voter by
mail.
``(b) Prepayment of Postage.--Consistent with regulations of the
United States Postal Service, the State or the unit of local government
responsible for the administration of the election involved shall
prepay the postage on any envelope provided under subsection (a).
``(c) No Effect on Ballots or Balloting Materials Transmitted to
Absent Military and Overseas Voters.--Nothing in this section may be
construed to affect the treatment of any ballot or balloting materials
transmitted to 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.).
``(d) Effective Date.--This section shall take effect on the date
that is 90 days after the date of the enactment of this section, except
that--
``(1) State and local jurisdictions shall make arrangements
with the United States Postal Service to pay for all postage
costs that such jurisdictions would be required to pay under
this section if this section took effect on the date of
enactment; and
``(2) States shall take all reasonable efforts to provide
self-sealing return envelopes as provided in this section.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(c), section
1611(c), and section 1621(b), is amended--
(A) by redesignating the items relating to sections
309 and 310 as relating to sections 310 and 311; and
(B) by inserting after the item relating to section
308 the following new item:
``Sec. 309. Prepayment of postage on return envelopes for voting
materials.''.
(b) Role of United States Postal Service.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Voting materials; restrictions on operational changes
prior to elections
``(a) Any voter registration application, absentee ballot
application, or absentee ballot with respect to any election for
Federal office shall be carried in accordance with the service
standards established for first-class mail, regardless of the class of
postage prepaid.
``(b) In the case of any election mail carried by the Postal
Service that consists of a ballot, 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.
``(c) 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 voting materials with respect to the election, including
voter registration applications, absentee ballot applications, and
absentee ballots. This paragraph applies to operational changes which
include removing or eliminating any mail collection box without
immediately replacing it, and removing, decommissioning, or any other
form of stopping the operation of mail sorting machines, other than for
routine maintenance.
``(d) The Postal Service shall appoint an Election Mail Coordinator
in every Postal Area and District to facilitate relevant information
sharing with State, territorial, local, and tribal election officials
in regards to the mailing of voter registration applications, absentee
ballot applications, and absentee ballots.
``(e) 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.
``(f) Nothing in this section may be construed to affect the
treatment of any ballot or balloting materials transmitted to 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.).''.
(2) Mail-in ballots and postal service barcode service.--
(A) In general.--Section 3001 of title 39, United
States Code, is amended by adding at the end the
following:
``(p) Any ballot sent within the United States for an election for
Federal office is nonmailable and shall not be carried or delivered by
mail unless the ballot is mailed in an envelope that--
``(1) contains a Postal Service barcode (or successive
service or marking) that enables tracking of each individual
ballot;
``(2) satisfies requirements for ballot envelope design
that the Postal Service may promulgate by regulation;
``(3) satisfies requirements for machineable letters that
the Postal Service may promulgate by regulation; and
``(4) includes the Official Election Mail Logo (or any
successor label that the Postal Service may establish for
ballots).''.
(B) Application.--The amendment made by subsection
(a) shall apply to any election for Federal office
occurring after the date of enactment of this Act.
(3) Clerical amendment.--The table of sections for chapter
34 of such title is amended by inserting after the item
relating to section 3406 the following:
``3407. Voting materials; restrictions on operational changes prior to
elections.''.
SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCEDURES.
(a) Study.--The Election Assistance Commission shall conduct a
study on the 2020 elections and compile a list of recommendations to--
(1) help States transitioning to vote-by-mail procedures;
and
(2) improve their current vote-by-mail systems.
(b) Report.--Not later than January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
SEC. 1701. 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, the Election
Assistance Commission (hereafter in this subsection referred to
as the `Commission'), and the Presidential Designee, and make
that report publicly available that same day, 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 45 days before the election. The
report shall be in a form prescribed jointly by the Attorney
General and the Commission 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 ballot
transmission.--Not later than 43 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Commission, and
the Presidential Designee, and make that report publicly
available that same day, certifying whether all absentee
ballots have been transmitted by not later than 45 days before
the election to all qualified absent uniformed services and
overseas voters whose requests were received at least 45 days
before the election. The report shall be in a form prescribed
jointly by the Attorney General and the Commission, and shall
require the State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.
``(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 Attorney
General, the Commission, and the Presidential Designee 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. 1702. 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.--
``(1) In 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.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest, assess
a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--A person who is aggrieved by a
State's 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. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as
provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by
subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.
``(3) Payment for use of express delivery.--The State shall
be responsible for the payment of the costs associated with the
use of express delivery for the transmittal of ballots under
this subsection.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
SEC. 1704. 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. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.
``(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 next
regularly scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of such
general election), 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) 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. 1705. 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) is amended by adding at the end the following new
subsection:
``(j) Guarantee of Residency for Spouses and Dependents of Absent
Members of Uniformed Service.--For the purposes of voting for 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. 1706. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER
UOCAVA TO CERTAIN VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after
section 103B the following new section:
``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER
VOTERS.
``(a) In General.--
``(1) State responsibilities.--Subject to the provisions of
this section, each State shall transmit blank absentee ballots
electronically to qualified individuals who request such
ballots in the same manner and under the same terms and
conditions under which the State transmits such ballots
electronically to absent uniformed services voters and overseas
voters under the provisions of section 102(f), except that no
such marked ballots shall be returned electronically.
``(2) Requirements.--Any blank absentee ballot transmitted
to a qualified individual under this section--
``(A) must comply with the language requirements
under section 203 of the Voting Rights Act of 1965 (52
U.S.C. 10503); and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(3) Affirmation.--The State may not transmit a ballot to
a qualified individual under this section unless the individual
provides the State with a signed affirmation in electronic form
that--
``(A) the individual is a qualified individual (as
defined in subsection (b));
``(B) the individual has not and will not cast
another ballot with respect to the election; and
``(C) acknowledges that a material misstatement of
fact in completing the ballot may constitute grounds
for conviction of perjury.
``(4) Clarification regarding free postage.--An absentee
ballot obtained by a qualified individual under this section
shall be considered balloting materials as defined in section
107 for purposes of section 3406 of title 39, United States
Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to accept
and process any otherwise valid blank absentee ballot which was
transmitted to a qualified individual under this section and
used by the individual to vote in the election solely on the
basis of the following:
``(A) Notarization or witness signature
requirements.
``(B) Restrictions on paper type, including weight
and size.
``(C) Restrictions on envelope type, including
weight and size.
``(b) Qualified Individual.--
``(1) In general.--In this section, except as provided in
paragraph (2), the term `qualified individual' means any
individual who is otherwise qualified to vote in an election
for Federal office and who meets any of the following
requirements:
``(A) The individual--
``(i) has previously requested an absentee
ballot from the State or jurisdiction in which
such individual is registered to vote; and
``(ii) has not received such absentee
ballot at least 2 days before the date of the
election.
``(B) The individual--
``(i) resides in an area of a State with
respect to which an emergency or public health
emergency has been declared by the chief
executive of the State or of the area involved
within 5 days of the date of the election under
the laws of the State due to reasons including
a natural disaster, including severe weather,
or an infectious disease; and
``(ii) has not previously requested an
absentee ballot.
``(C) The individual expects to be absent from such
individual's jurisdiction on the date of the election
due to professional or volunteer service in response to
a natural disaster or emergency as described in
subparagraph (B).
``(D) The individual is hospitalized or expects to
be hospitalized on the date of the election.
``(E) The individual is an individual with a
disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) and
resides in a State which does not offer voters the
ability to use secure and accessible remote ballot
marking. For purposes of this subparagraph, a State
shall permit an individual to self-certify that the
individual is an individual with a disability.
``(2) Exclusion of absent uniformed services and overseas
voters.--The term `qualified individual' shall not include an
absent uniformed services voter or an overseas voter.
``(c) State.--For purposes of 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.
``(d) 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 Amendment.--Section 102(a) of such Act (52 U.S.C.
20302(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to the provision of blank absentee ballots for the use of
qualified individuals described in such section.''.
(c) Clerical Amendments.--The table of contents of such Act is
amended by inserting the following after section 103:
``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed
services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other
voters.''.
SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER DISENFRANCHISEMENT.
Not later than 1 year of enactment of this Act, the Attorney
General 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
federal elections.
SEC. 1708. EFFECTIVE DATE.
Except as provided in section 1702(b) and section 1704(b), the
amendments made by this subtitle shall apply with respect to elections
occurring on or after January 1, 2022.
Subtitle K--Poll Worker Recruitment and Training
SEC. 1801. 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 youth
and minors, including by recruiting at institutions of
higher education and secondary education; 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.
(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. 1802. 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 L--Enhancement of Enforcement
SEC. 1811. 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.--
``(1) In general.--A person who is aggrieved by a violation
of title III which has occurred, is occurring, or is about to
occur may file a written, signed, 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.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General
that require responses and determinations to be made within the
same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in
section 402(a)(2). The Attorney General shall immediately
provide a copy of the response made 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)(1) (including any
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified 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 M--Federal Election Integrity
SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) holding any position (including any unpaid or
honorary position) with an authorized committee of a candidate,
or participating in any decision-making of an authorized
committee of a candidate;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception in Case of Recusal From Administration of Elections
Involving Official or Immediate Family Member.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate, but
only if--
``(A) such official recuses himself or herself from
all of the official's responsibilities for the
administration of such election; and
``(B) the official who assumes responsibility for
supervising the administration of the election does not
report directly to such official.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2021.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.
(a) Treatment of Certain Institutions as Voter Registration
Agencies Under National Voter Registration Act of 1993.--Section 7(a)
of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is
amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) each institution of higher education which
has a program participation agreement in effect with
the Secretary of Education under section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094), other
than an institution which is treated as a contributing
agency under the Automatic Voter Registration Act of
2021.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, with each registration of a
student for enrollment in a course of study, including
enrollment in a program of distance education, as defined in
section 103(7) of the Higher Education Act of 1965 (20 U.S.C.
1003(7)),'' after ``assistance,''.
(b) Responsibilities of Institutions Under Higher Education Act of
1965.--
(1) In general.--Section 487(a)(23) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as
follows:
``(23)(A)(i) The institution will ensure that an
appropriate staff person or office is designated publicly as a
`Campus Vote Coordinator' and will ensure that such person's or
office's contact information is included on the institution's
website.
``(ii) Not fewer than twice during each calendar year
(beginning with 2021), the Campus Vote Coordinator shall
transmit electronically to each student enrolled in the
institution (including students enrolled in distance education
programs) a message containing the following information:
``(I) Information on the location of polling places
in the jurisdiction in which the institution is
located, together with information on available methods
of transportation to and from such polling places.
``(II) A referral to a government-affiliated
website or online platform which provides centralized
voter registration information for all States,
including access to applicable voter registration forms
and information to assist individuals who are not
registered to vote in registering to vote.
``(III) Any additional voter registration and
voting information the Coordinator considers
appropriate, in consultation with the appropriate State
election official.
``(iii) In addition to transmitting the message described
in clause (ii) not fewer than twice during each calendar year,
the Campus Vote Coordinator shall transmit the message under
such clause, and shall include on the institution's website and
boost awareness on the institution's social media platforms,
not fewer than 30 days prior to the deadline for registering to
vote for any election for Federal, State, or local office in
the State.
``(B) If the institution in its normal course of operations
requests each student registering for enrollment in a course of
study, including students registering for enrollment in a
program of distance education, to affirm whether or not the
student is a United States citizen, the institution will comply
with the applicable requirements for a contributing agency
under the Automatic Voter Registration Act of 2021.
``(C) If the institution is not described in subparagraph
(B), the institution will comply with the requirements for a
voter registration agency in the State in which it is located
in accordance with section 7 of the National Voter Registration
Act of 1993 (52 U.S.C. 20506).
``(D) This paragraph applies only with respect to an
institution which is located in a State to which section 4(b)
of the National Voter Registration Act of 1993 (52 U.S.C.
20503(b)) does not apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to elections held on or after January
1, 2022.
(c) Grants to Institutions Demonstrating Excellence in Student
Voter Registration.--
(1) Grants authorized.--The Secretary of Education may
award competitive grants to public and private nonprofit
institutions of higher education that are subject to the
requirements of section 487(a)(23) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a),
and that the Secretary determines have demonstrated excellence
in registering students to vote in elections for public office
beyond meeting the minimum requirements of such section.
(2) Eligibility.--An institution of higher education is
eligible to receive a grant under this subsection if the
institution submits to the Secretary of Education, at such time
and in such form as the Secretary may require, an application
containing such information and assurances as the Secretary may
require to make the determination described in paragraph (1),
including information and assurances that the institution
carried out activities to promote voter registration by
students, such as the following:
(A) Sponsoring large on-campus voter mobilization
efforts.
(B) Engaging the surrounding community in
nonpartisan voter registration and get out the vote
efforts, including initiatives to facilitate the
enfranchisement of groups of individuals that have
historically faced barriers to voting.
(C) Creating a website for students with
centralized information about voter registration and
election dates.
(D) Inviting candidates to speak on campus.
(E) Offering rides to students to the polls to
increase voter education, registration, and
mobilization.
(3) Authorization of appropriations.--There are authorized
to be appropriated for fiscal year 2022 and each succeeding
fiscal year such sums as may be necessary to award grants under
this subsection. Of the funds appropriated, the Secretary shall
ensure that 25 percent is reserved for Minority Institutions
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(d) Sense of Congress Relating to Option of Students To Register in
Jurisdiction of Institution of Higher Education or Jurisdiction of
Domicile.--It is the sense of Congress that, as provided under existing
law, students who attend an institution of higher education and reside
in the jurisdiction of the institution while attending the institution
should have the option of registering to vote, without being subjected
to intimidation or deceptive practices, in elections for Federal office
in that jurisdiction or in the jurisdiction of their own domicile.
SEC. 1902. 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), as amended by section 1601(a), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is
a registered voter in a State to a polling place with respect
to an election for Federal office which is not the same polling
place to which the individual was previously assigned with
respect to the most recent election for Federal office in the
State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the
location of the polling place not later than 7 days
before the date of the election or the first day of an
early voting period (whichever occurs first); or
``(B) if the State makes such an assignment fewer
than 7 days before the date of the election and the
individual appears on the date of the election at the
polling place to which the individual was previously
assigned, the State shall make every reasonable effort
to enable the individual to vote on the date of the
election.
``(2) Methods of notification.--The State shall notify an
individual under subparagraph (A) of paragraph (1) by mail,
telephone, and (if available) text message and electronic mail,
taking into consideration factors which include the linguistic
preferences of voters in the jurisdiction.
``(3) Placement of signs at closed polling places.--If a
location which served as a polling place in an election for
Federal office does not serve as a polling place in the next
election for Federal office held in the jurisdiction involved,
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, taking
into consideration factors which include the linguistic
preferences of voters in the jurisdiction:
``(A) A statement that the location is not serving
as a polling place in the election.
``(B) The locations serving as polling places in
the election in the jurisdiction involved.
``(C) 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.
``(4) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2021.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C.
21082(g)), as redesignated by subsection (a) and as amended by section
1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(4)''.
SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--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. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of receiving and casting a ballot
in an election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting 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 and attesting
that the individual is eligible to vote in the
election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed version
of the statement described in paragraph (1)(A) which includes a
blank space for an individual to provide a name and signature
for use by election officials in States which are subject to
paragraph (1).
``(3) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is
prepared by the Commission available at polling places
for election officials to distribute to individuals who
desire to vote in person; and
``(B) include a copy of such pre-printed version of
the statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by
mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or submits a
sworn written statement in accordance with subsection (a)(1) shall be
permitted to cast a ballot in the election in the same manner as an
individual who presents identification.
``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States To Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by
section 1072(b) and section 1202(b), is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of receiving and casting a ballot in an
election for Federal office, information on how an
individual may meet such requirement by presenting a
sworn written statement in accordance with section
303A.''.
(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. Permitting use of sworn written statement to meet
identification requirements.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision shall
provide the Indian Tribe with accurate precinct maps for all
precincts located within Indian lands 60 days before the
election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to each
individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a ballot
pickup and collection location with respect to an election for
Federal office 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. If
there is no tribally designated building within a voter's
precinct, the voter may use another tribally designated
building within the Indian lands where the voter is located.
Voters using a tribally designated building outside of the
voter's precinct may use the 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.
(4) Language accessibility.--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 subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Election for federal office.--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) 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).
(C) Indian lands.--The term ``Indian lands''
includes--
(i) any Indian country of an Indian Tribe,
as defined under section 1151 of title 18,
United States Code;
(ii) 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));
(iii) any land on which the seat of the
Tribal Government is located; and
(iv) 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.
(D) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(E) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(7) Enforcement.--
(A) 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 subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is
aggrieved by a violation of this subsection may
provide written notice of the violation to the
chief election official of the State involved.
(ii) An aggrieved person or Tribal
Government may bring a civil action in an
appropriate district court for declaratory or
injunctive relief with respect to a violation
of this subsection, if--
(I) that person or Tribal
Government provides the notice
described in clause (i); and
(II)(aa) 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
clause (i); or
(bb) in the case of a violation
that occurs 120 days or less 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
clause (i).
(iii) 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 Tribal Government may bring
a civil action in an 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 clause (i).
(b) 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 ``2010''; 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) of
this section 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 Tribal
Government of that minority group has certified that
the language of the applicable American Indian or
Alaska Native language is presently unwritten or the
Tribal Government 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.''.
(c) Effective Date.--This section and the amendments made by 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.
SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General
shall coordinate the establishment of a State-based response
system for responding to questions and complaints from
individuals voting or seeking to vote, or registering to vote
or seeking to register to vote, in elections for Federal
office. Such system shall provide--
(A) State-specific, same-day, and immediate
assistance to such individuals, including information
on how to register to vote, the location and hours of
operation of polling places, and how to obtain absentee
ballots; and
(B) State-specific, same-day, and immediate
assistance to individuals encountering problems with
registering to vote or voting, including individuals
encountering intimidation or deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the
United States--
(A) may connect directly to the State-based
response system described in paragraph (1) with respect
to the State involved;
(B) may obtain information on voting in elections
for Federal office, including information on how to
register to vote in such elections, the locations and
hours of operation of polling places, and how to obtain
absentee ballots; and
(C) may report information to the Attorney General
on problems encountered in registering to vote or
voting, including incidences of voter intimidation or
suppression.
(3) Collaboration with state and local election
officials.--
(A) Collection of information from states.--The
Attorney General shall coordinate the collection of
information on State and local election laws and
policies, including information on the statewide
computerized voter registration lists maintained under
title III of the Help America Vote Act of 2002, so that
individuals who contact the free telephone service
established under paragraph (2) on the date of an
election for Federal office may receive an immediate
response on that day.
(B) Forwarding questions and complaints to
states.--If an individual contacts the free telephone
service established under paragraph (2) on the date of
an election for Federal office with a question or
complaint with respect to a particular State or
jurisdiction within a State, the Attorney General shall
forward the question or complaint immediately to the
appropriate election official of the State or
jurisdiction so that the official may answer the
question or remedy the complaint on that date.
(4) Consultation requirements for development of systems
and services.--The Attorney General shall ensure that the
State-based response system under paragraph (1) and the free
telephone service under paragraph (2) are each developed in
consultation with civil rights organizations, voting rights
groups, State and local election officials, voter protection
groups, and other interested community organizations,
especially those that have experience in the operation of
similar systems and services.
(b) Use of Service by Individuals With Disabilities and Individuals
With Limited English Language Proficiency.--The Attorney General shall
design and operate the telephone service established under this section
in a manner that ensures that individuals with disabilities are fully
able to use the service, and that assistance is provided 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.
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3) to
serve on a Voter Hotline Task Force to provide ongoing analysis
and assessment of the operation of the telephone service
established under this section, and shall give special
consideration in making appointments to the Task Force to
individuals who represent civil rights organizations. At least
one member of the Task Force shall be a representative of an
organization promoting voting rights or civil rights which has
experience in the operation of similar telephone services or in
protecting the rights of individuals to vote, especially
individuals who are members of racial, ethnic, or linguistic
minorities or of communities who have been adversely affected
by efforts to suppress voting rights.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task Force
shall be staggered so that there are at least 3 individuals
serving on the Task Force during each year. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this section during the previous 2 years, and shall include in the
report--
(1) an enumeration of the number and type of calls that
were received by the service;
(2) a compilation and description of the reports made to
the service by individuals citing instances of voter
intimidation or suppression, together with a description of any
actions taken in response to such instances of voter
intimidation or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity of elections, including
but not limited to identifying how to eliminate coordinated
voter suppression efforts and how to establish effective
mechanisms for distributing updates on changes to voting
requirements; and
(5) any recommendations on best practices for the State-
based response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2021 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this section for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15 percent
shall be used for outreach activities to make the public aware
of the availability of the telephone service established under
this section, with an emphasis on outreach to individuals with
disabilities and individuals with limited proficiency in the
English language.
SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
(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 1101(a), section 1611(a), section 1621(a), section 1622(a), and
section 1623(a), is amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State shall 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; 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 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.
``(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 to authorize a State 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.
``(4) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(5) Effective date.--This subsection shall take effect
upon the expiration of the 180-day period which begins on the
date of the enactment of this subsection, without regard to
whether or not the Commission has established and published
guidelines under paragraph (4).
``(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) Minimum Hours of Operation Outside of Typical Working
Hours.--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 no polling place is open for less than a total
of 4 hours outside of the hours between 9:00 a.m. and 5:00 p.m. in time
zone in which the polling place is located.''.
(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 310(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).
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), and section 1623(a), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Ensuring equitable and efficient operation of polling
places.''.
SEC. 1907. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
ABSENTEE 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 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), and section 1906(a), is amended--
(1) by redesignating sections 311 and 312 as sections 312
and 313; and
(2) by inserting after section 310 the following new
section:
``SEC. 311. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS.
``(a) Requiring Use of Drop Boxes.--In each county in the State,
each State shall provide in-person, secured, and clearly labeled drop
boxes at which individuals may, at any time during the period described
in subsection (b), drop off voted absentee 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 45 days before the date of the election and which
ends at the time the polls close for the election in the county
involved.
``(c) Accessibility.--
``(1) In general.--Each State shall ensure that the drop
boxes provided under this section are accessible for use--
``(A) 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;
``(B) by individuals with limited proficiency in
the English language; and
``(C) by homeless individuals (as defined in
section 103 of the McKinney-Vento Homeless Assistance
Act of 1987 (42 U.S.C. 11302)) of the State.
``(2) Determination of accessibility for individuals with
disabilities.--For purposes of this subsection, 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.
``(3) Rule of construction.--If a State provides a drop box
under this section 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 or individuals with limited
proficiency in the English language.
``(d) Number of Drop Boxes.--
``(1) Formula for determination of number.--The number of
drop boxes provided under this section in a county with respect
to an election shall be determined as follows:
``(A) In the case of a county in which the number
of individuals who are residents of the county and who
are registered to vote in the election is equal to or
greater than 20,000, the number of drop boxes shall be
a number equal to or greater than the number of such
individuals divided by 20,000 (rounded to the nearest
whole number).
``(B) In the case of any other county, the number
of drop boxes shall be equal to or greater than one.
``(C) The State shall ensure that the number of
drop boxes provided is sufficient to provide a
reasonable opportunity for voters to submit their voted
ballots in a timely manner.
``(2) Timing.--For purposes of this subsection, the number
of individuals who reside in a county and who are registered to
vote in the election shall be determined as of the 90th day
before the date of the election.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a county 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
county, including rural communities and on Tribal lands within
the county (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) Rules for Drop Boxes on Tribal Lands.--In making a
determination of the number and location of drop boxes provided under
this section on Tribal lands in a county, the appropriate State and
local election officials shall--
``(1) consult with Tribal leaders prior to making the
determination; and
``(2) take into account criteria such as the availability
of direct-to-door residential mail delivery, the distance and
time necessary to travel to the drop box locations (including
in inclement weather), modes of transportation available,
conditions of roads, and the availability (if any) of public
transportation.
``(g) Timing of Scanning and Processing of Ballots.--For purposes
of section 306(e) (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 any
other vote cast during early voting.
``(h) 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.
``(i) Remote Surveillance Permitted.--The State may provide for the
security of drop boxes through remote or electronic surveillance.
``(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 Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), and section 1906(c), is
amended--
(1) by redesignating the items relating to sections 311 and
312 as relating to sections 312 and 313; and
(2) by inserting after the item relating to section 310 the
following new item:
``Sec. 311. Use of secured drop boxes for voted absentee ballots.''.
SEC. 1908. 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 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), section 1906(a), and section 1907(a), is amended--
(1) by redesignating sections 312 and 313 as sections 313
and 314; and
(2) by inserting after section 311 the following new
section:
``SEC. 312. 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 the method of curbside voting.
``(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 Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), section 1906(c), and section
1907(b), is amended--
(1) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314; and
(2) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Prohibiting States from restricting curbside voting.''.
SEC. 1909. 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 of every even-numbered year.''.
(b) 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.
SEC. 1910. GAO STUDY ON VOTER TURNOUT RATES.
The Comptroller General of the United States shall conduct a study
on voter turnout rates delineated by age in States and localities that
permit voters to participate in elections before reaching the age of
18, with a focus on localities that permit voting upon reaching the age
of 16.
SEC. 1910A. STUDY ON RANKED-CHOICE VOTING.
(a) Study.--The Comptroller General shall conduct a study on the
implementation and impact of ranked-choice voting in States and
localities with a focus on how to best implement a model for Federal
elections nationwide. The study shall include the impact on voter
turnout, negative campaigning, and who decides to run for office.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Comptroller General shall transmit to Congress a
report on the study conducted under subsection (a), including any
recommendations on how to best implement a ranked-choice voting for
Federal elections nationwide.
PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS
SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN
RESPONSE TO NATURAL DISASTERS AND EMERGENCIES.
(a) In General.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, each State and each jurisdiction
in a State which is responsible for administering elections for
Federal office shall establish and make publicly available a
contingency plan to enable individuals to vote in elections for
Federal office during a state of emergency, public health
emergency, or national emergency which has been declared for
reasons including--
(A) a natural disaster; or
(B) an infectious disease.
(2) Updating.--Each State and jurisdiction shall update the
contingency plan established under this subsection not less
frequently than every 5 years.
(b) Requirements Relating to Safety.--The contingency plan
established under subsection (a) shall include initiatives to provide
equipment and resources needed to protect the health and safety of poll
workers and voters when voting in person.
(c) Requirements Relating to Recruitment of Poll Workers.--The
contingency plan established under subsection (a) shall include
initiatives by the chief State election official and local election
officials to recruit poll workers from resilient or unaffected
populations, which may include--
(1) employees of other State and local government offices;
and
(2) in the case in which an infectious disease poses
significant increased health risks to elderly individuals,
students of secondary schools and institutions of higher
education in the State.
(d) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action against any State or jurisdiction 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 carry out the requirements of this section.
(2) Private right of action.--
(A) In general.--In the case of a violation of this
section, any person who is aggrieved by such violation
may provide written notice of the violation to the
chief election official of the State involved.
(B) Relief.--If the violation is not corrected
within 20 days after receipt of a notice under
subparagraph (A), or within 5 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.
(C) Special rule.--If the violation occurred within
5 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 involved under
subparagraph (A) before bringing a civil action under
subparagraph (B).
(e) Definitions.--
(1) Election for federal office.--For purposes of this
section, 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) State.--For purposes of 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.
(f) 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.
PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1921. 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 2021 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further
amended by inserting after section 303A the following new section:
``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and any succeeding election.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1903(c), is further amended by inserting after the
item relating to section 303A the following new item:
``Sec. 303B. Requiring participation in post-general election
surveys.''.
SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON
USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is
amended by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2021, 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 December 31, 2021, 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. 1925. 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 4--MISCELLANEOUS PROVISIONS
SEC. 1931. 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. 1932. 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. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSIBILITY PROTECTION AND
ADVOCACY SYSTEMS SERVING THE AMERICAN INDIAN CONSORTIUM.
(a) Recipients Defined.--Section 291 of the Help America Vote Act
of 2002 (52 U.S.C. 21061) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) American Indian Consortium Eligibility.--A system serving the
American Indian Consortium for which funds have been reserved under
section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
794e(c)(1)(B)) shall be eligible for payments under subsection (a) in
the same manner as a protection and advocacy system of a State.''.
(b) Grant Minimums for American Indian Consortium.--Section 291(b)
of such Act (52 U.S.C. 21061(b)) is amended--
(1) by inserting ``(c)(1)(B),'' after ``as set forth in
subsections''; and
(2) by striking ``subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and $35,000,
respectively'' and inserting ``subsection (c)(3)(B) 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) shall not be
less than $35,000''.
(c) Effective Date.--The amendments made by this section shall take
effect at the start of the first fiscal year following the date of
enactment of this Act.
SEC. 1934. 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. 1935. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF THE
UNITED STATES IN STATUARY HALL.
(a) In General.--Section 1814 of the Revised Statutes of the United
States (2 U.S.C. 2131) is amended by adding at the end the following
new sentence: ``For purposes of this section, the term `State' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the United States Virgin Islands,
and the term `citizen' includes 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)).''.
(b) Conforming Amendment Relating to Procedures for Replacement of
Statues.--Section 311 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 2132) is amended by adding at the end the following new
subsection:
``(f) For purposes of this section, the term `State' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the United States Virgin
Islands.''.
SEC. 1936. 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.).
(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. 1937. 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.
PART 5--VOTER NOTICE
SEC. 1941. SHORT TITLE.
This part may be cited as the ``Voter Notification of Timely
Information about Changes in Elections Act'' or the ``Voter Notice
Act''.
SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF CHANGES IN ELECTIONS
IN RESPONSE TO EMERGENCIES.
(a) Requirement for Election Officials to Conduct Campaigns.--
Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as
amended by section 1601(a) and section 1901(a), is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Public Education Campaigns in Event of Changes in Elections
in Response to Emergencies.--
``(1) Requirement.--If the administration of an election
for Federal office, including the methods of voting or
registering to vote in the election, is changed in response to
an emergency affecting public health and safety, the
appropriate State or local election official shall conduct a
public education campaign through at least one direct mailing
to each individual who is registered to vote in the election,
and through additional direct mailings, newspaper
advertisements, broadcasting (including through television,
radio, satellite, and the Internet), and social media, to
notify individuals who are eligible to vote or to register to
vote in the election of the changes.
``(2) Frequency and methods of providing information.--The
election official shall carry out the public education campaign
under this subsection at such frequency, and using such
methods, as will have the greatest likelihood of providing
timely knowledge of the change in the administration of the
election to those individuals who will be most adversely
affected by the change.
``(3) Language accessibility.--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), the appropriate election official shall
ensure that the information disseminated under a public
education campaign conducted under this subsection is provided
in the language of the applicable minority group as well as in
the English language, as required by section 203 of such Act.
``(4) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.''.
(b) Conforming Amendment Relating to Effective Date.--Section
302(h) of such Act (52 U.S.C. 21082(h)), as redesignated by subsection
(a) and as amended by section 1601(b) and section 1901(b), is amended
by striking ``and (f)(4)'' and inserting ``(f)(4), and (g)(4)''.
SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.
(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 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), section 1906(a), section 1907(a), and 1908(a), is
amended--
(1) by redesignating sections 313 and 314 as sections 314
and 315; and
(2) by inserting after section 312 the following new
section:
``SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.
``(a) Accessibility.--Each State and local election official shall
ensure that the official public website of the official is fully
accessible for individuals with disabilities, including the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation as the website provides for other individuals.
``(b) Continuing Operation in Case of Emergencies.--
``(1) Establishment of best practices.--
``(A) In general.--The Director of the National
Institute of Standards and Technology shall establish
and regularly update best practices for ensuring the
continuing operation of the official public websites of
State and local election officials during emergencies
affecting public health and safety.
``(B) Deadline.--The Director shall first establish
the best practices required under this paragraph as
soon as practicable after the date of the enactment of
this section, but in no case later than August 15,
2021.
``(2) Requiring websites to meet best practices.--Each
State and local election official shall ensure that the
official public website of the official is in compliance with
the best practices established by the Director of the National
Institute of Standards and Technology under paragraph (2).
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Adoption 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
section 1611(b), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) in the case of the recommendations with respect to
section 304, as soon as practicable after the date of the
enactment of this paragraph, but in no case later than August
15, 2021.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), section 1906(c), section
1907(b), and section 1908(b), is amended--
(1) by redesignating the items relating to sections 313 and
314 as relating to sections 314 and 315; and
(2) by inserting after the item relating to section 312 the
following new item:
``Sec. 313. Requirements for websites of election officials.''.
SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES FOR
COSTS OF COMPLIANCE.
(b) Availability of Payments.--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. PAYMENTS FOR COSTS OF COMPLIANCE WITH CERTAIN REQUIREMENTS
RELATING TO PUBLIC NOTIFICATION.
``(a) Payments.--
``(1) Availability and use of payments.--The Commission
shall make a payment to each eligible State to cover the costs
the State incurs or expects to incur in meeting the
requirements of section 302(g) (relating to public education
campaigns in event of changes in elections in response to
emergencies) and section 313 (relating to requirements for the
websites of election officials).
``(2) Schedule of payments.--As soon as practicable after
the date of the enactment of this section, and not less
frequently than once each calendar year thereafter, the
Commission shall make payments under this section.
``(3) Administration of payments.--The chief State election
official of the State shall receive the payment made to a State
under this section, and may use the payment for the purposes
set forth in this section without intervening action by the
legislature of the State.
``(b) Amount of Payment.--
``(1) In general.--The amount of a payment made to an
eligible State for a year under this section shall be
determined by the Commission on the basis of the information
provided by the State in its application under subsection (c).
``(2) Continuing availability of funds after
appropriation.--A payment made to an eligible State under this
section shall be available without fiscal year limitation.
``(c) Requirements for Eligibility.--
``(1) Application.--Each State that desires to receive a
payment under this section for a fiscal year 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; and
``(B) provide an estimate of the costs the State
has incurred or expects to incur in carrying out the
provisions described in subsection (a), together with
such additional information and certifications as the
Commission determines to be essential to ensure
compliance with the requirements of this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for payments under this section such sums as may be
necessary for each of the fiscal years 2022 through 2025.
``(e) Reports.--
``(1) Reports by recipients.--Not later than the 6 months
after the end of each fiscal year for which an eligible State
received a payment under this section, the State shall submit a
report to the Commission on the activities conducted with the
funds provided during the year.
``(2) Reports by commission to committees.--With respect to
each fiscal year for which the Commission makes payments under
this section, the Commission shall submit a report on the
activities carried out under this part to the Committee on
House Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate.''.
(c) 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:
``Sec. 907. Payments for costs of compliance with certain requirements
relating to public notification.''.
Subtitle O--Severability
SEC. 1951. 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.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Sec. 2302. Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the
United States.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State
commission.
Sec. 2402. Ban on mid-decade redistricting.
Sec. 2403. Criteria for redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent
redistricting commissions.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census
subpart a--application of certain requirements for redistricting
carried out pursuant to 2020 census
Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.
subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census
Sec. 2451. Use of independent redistricting commissions for
redistricting carried out pursuant to 2020
Census.
Sec. 2452. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2453. Criteria for redistricting plan; public notice and input.
Sec. 2454. Establishment of related entities.
Sec. 2455. Report on diversity of memberships of independent
redistricting commissions.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Residence of Incarcerated Individuals
Sec. 2701. Residence of incarcerated individuals.
Subtitle I--Findings Relating to Youth Voting
Sec. 2801. Findings relating to youth voting.
Subtitle J--Severability
Sec. 2901. Severability.
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO RESTORE THE
VOTING RIGHTS ACT.
(a) Findings.--Congress finds the following:
(1) The right to vote for all Americans is a fundamental
right guaranteed by the United States Constitution.
(2) Federal, State, and local governments should protect
the right to vote and promote voter participation across all
demographics.
(3) The Voting Rights Act has empowered the Department of
Justice and Federal courts for nearly a half a century to block
discriminatory voting practices before their implementation in
States and localities with the most troubling histories,
ongoing records of racial discrimination, and demonstrations of
lower participation rates for protected classes.
(4) There continues to be an alarming movement to erect
barriers to make it more difficult for Americans to participate
in our Nation's democratic process. The Nation has witnessed
unprecedented efforts to turn back the clock and enact
suppressive laws that block access to the franchise for
communities of color which have faced historic and continuing
discrimination, as well as disabled, young, elderly, and low-
income Americans.
(5) The Supreme Court's decision in Shelby County v. Holder
(570 U.S. 529 (2013)), gutted decades-long Federal protections
for communities of color and language-minority populations
facing ongoing discrimination, emboldening States and local
jurisdictions to pass voter suppression laws and implement
procedures, like those requiring photo identification, limiting
early voting hours, eliminating same-day registration, purging
voters from the rolls, and reducing the number of polling
places.
(6) Racial discrimination in voting is a clear and
persistent problem. The actions of States and localities around
the country post-Shelby County, including at least 10 findings
by Federal courts of intentional discrimination, underscored
the need for Congress to conduct investigatory and evidentiary
hearings to determine the legislation necessary to restore the
Voting Rights Act and combat continuing efforts in America that
suppress the free exercise of the franchise in Black and other
communities of color.
(7) Evidence of discriminatory voting practice spans from
decades ago through to the past several election cycles. The
2018 midterm elections, for example, demonstrated ongoing
discrimination in voting.
(8) During the 116th Congress, congressional committees in
the House of Representatives held numerous hearings, collecting
substantial testimony and other evidence which underscored the
need to pass a restoration of the Voting Rights Act.
(9) On December 6, 2019, the House of Representatives
passed the John R. Lewis Voting Rights Advancement Act, which
would restore and modernize the Voting Rights Act, in
accordance with language from the Shelby County decision.
Congress reaffirms that the barriers faced by too many voters
across this Nation when trying to cast their ballot necessitate
reintroduction of many of the protections once afforded by the
Voting Rights Act.
(10) The 2020 primary and general elections provide further
evidence that systemic voter discrimination and intimidation
continues to occur in communities of color across the country,
making it clear that full access to the franchise will not be
achieved until Congress restores key provisions of the Voting
Rights Act.
(11) As of late-February 2021, 43 States had introduced,
prefiled, or carried over 253 bills to restrict voting access
that, primarily, limit mail voting access, impose stricter
voter ID requirements, slash voter registration opportunities,
and/or enable more aggressive voter roll purges.
(b) Purposes.--The purposes of this Act are as follows:
(1) To improve access to the ballot for all citizens.
(2) To establish procedures by which States and localities,
in accordance with past actions, submit voting practice changes
for preclearance by the Federal Government.
(3) To enhance the integrity and security of our voting
systems.
(4) To ensure greater accountability for the administration
of elections by States and localities.
(5) To restore protections for voters against practices in
States and localities plagued by the persistence of voter
disenfranchisement.
(6) To ensure that Federal civil rights laws protect the
rights of voters against discriminatory and deceptive
practices.
Subtitle B--Findings Relating to Native American Voting Rights
SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING RIGHTS.
Congress finds the following:
(1) The right to vote for all Americans is sacred. Congress
must fulfill the Federal Government's trust responsibility to
protect and promote Native Americans' exercise of their
fundamental right to vote, including equal access to voter
registration voting mechanisms and locations, and the ability
to serve as election officials.
(2) The Native American Voting Rights Coalition's four-
State survey of voter discrimination (2016) and nine field
hearings in Indian Country (2017-2018) revealed obstacles that
Native Americans must overcome, including a lack of accessible
and proximate registration and polling sites, nontraditional
addresses for residents on Indian reservations, inadequate
language assistance for Tribal members, and voter
identification laws that discriminate against Native Americans.
The Department of Justice and courts have recognized that some
jurisdictions have been unresponsive to reasonable requests
from federally recognized Indian Tribes for more accessible and
proximate voter registration sites and in-person voting
locations.
(3) The 2018 midterm and 2020 general elections provide
further evidence that systemic voter discrimination and
intimidation continues to occur in communities of color and
Tribal lands across the country, making it clear that democracy
reform cannot be achieved until Congress restores key
provisions of the Voting Rights Act and passes additional
protections.
(4) Congress has broad, plenary authority to enact
legislation to safeguard the voting rights of Native American
voters.
(5) Congress must conduct investigatory and evidentiary
hearings to determine the necessary legislation to restore the
Voting Rights Act and combat continuous efforts that suppress
the voter franchise within Tribal lands, to include, but not to
be limited to, the Native American Voting Rights Act (NAVRA)
and the Voting Rights Advancement Act (VRAA).
Subtitle C--Findings Relating to District of Columbia Statehood
SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA STATEHOOD.
Congress finds the following:
(1) The 705,000 District of Columbia residents deserve
voting representation in Congress and local self-government,
which only statehood can provide.
(2) The United States is the only democratic country that
denies both voting representation in the national legislature
and local self-government to the residents of its Nation's
capital.
(3) There are no constitutional, historical, fiscal, or
economic reasons why the Americans who live in the District of
Columbia should not be granted statehood.
(4) Since the founding of the United States, the residents
of the District of Columbia have always carried all of the
obligations of citizenship, including serving in all of the
Nation's wars and paying Federal taxes, but have been denied
voting representation in Congress and freedom from
congressional interference in purely local matters.
(5) The District of Columbia pays more Federal taxes per
capita than any State and more Federal taxes than 22 States.
(6) The District of Columbia has a larger population than 2
States (Wyoming and Vermont), and 6 States have a population
under one million.
(7) The District of Columbia has a larger budget than 12
States.
(8) The Constitution of the United States gives Congress
the authority to admit new States (clause 1, section 3, article
IV) and reduce the size of the seat of the Government of the
United States (clause 17, section 8, article I). All 37 new
States have been admitted by an Act of Congress, and Congress
has previously reduced the size of the seat of the Government
of the United States.
(9) On June 26, 2020, by a vote of 232-180, the House of
Representatives passed H.R. 51, the Washington, D.C. Admission
Act, which would have admitted the State of Washington,
Douglass Commonwealth from the residential portions of the
District of Columbia and reduced the size of the seat of the
Government of the United States to the United States Capitol,
the White House, the United States Supreme Court, the National
Mall, and the principal Federal monuments and buildings.
Subtitle D--Territorial Voting Rights
SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS.
Congress finds the following:
(1) The right to vote is one of the most powerful
instruments residents of the territories of the United States
have to ensure that their voices are heard.
(2) These Americans have played an important part in the
American democracy for more than 120 years.
(3) Political participation and the right to vote are among
the highest concerns of territorial residents in part because
they were not always afforded these rights.
(4) Voter participation in the territories consistently
ranks higher than many communities on the mainland.
(5) Territorial residents serve and die, on a per capita
basis, at a higher rate in every United States war and conflict
since WWI, as an expression of their commitment to American
democratic principles and patriotism.
SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF UNITED STATES
CITIZEN RESIDENTS OF TERRITORIES OF THE UNITED STATES.
(a) Establishment.--There is established within the legislative
branch a Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the United States (in this section
referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of 12 members as
follows:
(1) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on Natural
Resources of the House of Representatives.
(2) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on the
Judiciary of the House of Representatives.
(3) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on House
Administration of the House of Representatives.
(4) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on Natural Resources of the House of
Representatives.
(5) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on the Judiciary of the House of
Representatives.
(6) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on House Administration of the House of
Representatives.
(7) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on Energy and Natural Resources of
the Senate.
(8) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on the Judiciary of the Senate.
(9) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on Rules and Administration of the
Senate.
(10) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on Energy and Natural
Resources of the Senate.
(11) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on the Judiciary of
the Senate.
(12) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on Rules and
Administration of the Senate.
(c) Deadline for Appointment.--All appointments to the Task Force
shall be made not later than 30 days after the date of enactment of
this Act.
(d) Chair.--The Speaker shall designate one Member to serve as
chair of the Task Force.
(e) Vacancies.--Any vacancy in the Task Force shall be filled in
the same manner as the original appointment.
(f) Status Update.--Between September 1, 2021, and September 30,
2021, the Task Force shall provide a status update to the House of
Representatives and the Senate that includes--
(1) information the Task Force has collected; and
(2) a discussion on matters that the chairman of the Task
Force deems urgent for consideration by Congress.
(g) Report.--Not later than December 31, 2021, the Task Force shall
issue a report of its findings to the House of Representatives and the
Senate regarding--
(1) the economic and societal consequences (through
statistical data and other metrics) that come with political
disenfranchisement of United States citizens in territories of
the United States;
(2) impediments to full and equal voting rights for United
States citizens who are residents of territories of the United
States in Federal elections, including the election of the
President and Vice President of the United States;
(3) impediments to full and equal voting representation in
the House of Representatives for United States citizens who are
residents of territories of the United States;
(4) recommended changes that, if adopted, would allow for
full and equal voting rights for United States citizens who are
residents of territories of the United States in Federal
elections, including the election of the President and Vice
President of the United States;
(5) recommended changes that, if adopted, would allow for
full and equal voting representation in the House of
Representatives for United States citizens who are residents of
territories of the United States; and
(6) additional information the Task Force deems
appropriate.
(h) Consensus Views.--To the greatest extent practicable, the
report issued under subsection (g) shall reflect the shared views of
all 12 Members, except that the report may contain dissenting views.
(i) Hearings and Sessions.--The Task Force may, for the purpose of
carrying out this section, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Task Force
considers appropriate.
(j) Stakeholder Participation.--In carrying out its duties, the
Task Force shall consult with the governments of American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the Commonwealth of
Puerto Rico, and the United States Virgin Islands.
(k) Resources.--The Task Force shall carry out its duties by
utilizing existing facilities, services, and staff of the House of
Representatives and the Senate.
(l) Termination.--The Task Force shall terminate upon issuing the
report required under subsection (g).
Subtitle E--Redistricting Reform
SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This subtitle may be cited as the ``Redistricting
Reform Act of 2021''.
(b) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions States must
follow in carrying out congressional redistricting after an
apportionment of Members of the House of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth 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.
PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED
THROUGH PLAN OF INDEPENDENT STATE COMMISSION.
(a) Use of Plan Required.--Notwithstanding any other provision of
law, and except as provided in subsection (c) and subsection (d), any
congressional redistricting conducted by a State shall be conducted in
accordance with--
(1) the redistricting plan developed and enacted into law
by the independent redistricting commission established in the
State, in accordance with part 2; or
(2) if a plan developed by such commission is not enacted
into law, the redistricting plan developed and enacted into law
by a 3-judge court, in accordance with section 2421.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in the manner
provided by the Redistricting Reform Act of 2021''.
(c) Special Rule for Existing Commissions.--Subsection (a) does not
apply to any State in which, under law in effect continuously on and
after the date of the enactment of this Act, congressional
redistricting is carried out in accordance with a plan developed and
approved by an independent redistricting commission which is in
compliance with each of the following requirements:
(1) Publicly available application process.--Membership on
the commission is open to citizens of the State through a
publicly available application process.
(2) Disqualifications for government service and political
appointment.--Individuals who, for a covered period of time as
established by the State, hold or have held public office,
individuals who are or have been candidates for elected public
office, and individuals who serve or have served as an officer,
employee, or paid consultant of a campaign committee of a
candidate for public office are disqualified from serving on
the commission.
(3) Screening for conflicts.--Individuals who apply to
serve on the commission are screened through a process that
excludes persons with conflicts of interest from the pool of
potential commissioners.
(4) Multi-partisan composition.--Membership on the
commission represents those who are affiliated with the two
political parties whose candidates received the most votes in
the most recent statewide election for Federal office held in
the State, as well as those who are unaffiliated with any party
or who are affiliated with political parties other than the two
political parties whose candidates received the most votes in
the most recent statewide election for Federal office held in
the State.
(5) Criteria for redistricting.--Members of the commission
are required to meet certain criteria in the map drawing
process, including minimizing the division of communities of
interest and a ban on drawing maps to favor a political party.
(6) Public input.--Public hearings are held and comments
from the public are accepted before a final map is approved.
(7) Broad-based support for approval of final plan.--The
approval of the final redistricting plan requires a majority
vote of the members of the commission, including the support of
at least one member of each of the following:
(A) Members who are affiliated with the political
party whose candidate received the most votes in the
most recent statewide election for Federal office held
in the State.
(B) Members who are affiliated with the political
party whose candidate received the second most votes in
the most recent statewide election for Federal office
held in the State.
(C) Members who are not affiliated with any
political party or who are affiliated with political
parties other than the political parties described in
subparagraphs (A) and (B).
(d) Treatment of State of Iowa.--Subsection (a) does not apply to
the State of Iowa, so long as congressional redistricting in such State
is carried out in accordance with a plan developed by the Iowa
Legislative Services Agency with the assistance of a Temporary
Redistricting Advisory Commission, under law which was in effect for
the most recent congressional redistricting carried out in the State
prior to the date of the enactment of this Act and which remains in
effect continuously on and after the date of the enactment of this Act.
SEC. 2402. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this subtitle
and a State described in section 2401(c) or section 2401(d) may not be
redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the Constitution of the State, or the terms or conditions of
this subtitle.
SEC. 2403. CRITERIA FOR REDISTRICTING.
(a) Criteria.--Under the redistricting plan of a State, there shall
be established single-member congressional districts using the
following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they equalize
total population.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where two or more politically cohesive groups
protected by such Act are able to elect representatives of
choice in coalition with one another, and all applicable
Federal laws.
(3) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's citizen voting age population.
(4) Districts shall respect communities of interest,
neighborhoods, and political subdivisions to the extent
practicable and after compliance with the requirements of
paragraphs (1) through (3). A community of interest is defined
as an area with recognized similarities of interests, including
but not limited to ethnic, racial, economic, tribal, social,
cultural, geographic or historic identities. The term
communities of interest may, in certain circumstances, include
political subdivisions such as counties, municipalities, tribal
lands and reservations, or school districts, but shall not
include common relationships with political parties or
political candidates.
(b) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--The redistricting plan enacted by a State
shall not, when considered on a Statewide basis, be drawn with
the intent or the effect of unduly favoring or disfavoring any
political party.
(2) Determination of effect.--
(A) Totality of circumstances.--For purposes of
paragraph (1), the determination of whether a
redistricting plan has the effect of unduly favoring or
disfavoring a political party shall be based on the
totality of circumstances, including evidence regarding
the durability and severity of a plan's partisan bias.
(B) Plans deemed to have effect of unduly favoring
or disfavoring a political party.--Without limiting
other ways in which a redistricting plan may be
determined to have the effect of unduly favoring or
disfavoring a political party under the totality of
circumstances under subparagraph (A), a redistricting
plan shall be deemed to have the effect of unduly
favoring or disfavoring a political party if--
(i) modeling based on relevant historical
voting patterns shows that the plan is
statistically likely to result in a partisan
bias of more than one seat in States with 20 or
fewer congressional districts or a partisan
bias of more than 2 seats in States with more
than 20 congressional districts, as determined
using quantitative measures of partisan
fairness, which may include, but are not
limited to, the seats-to-votes curve for an
enacted plan, the efficiency gap, the
declination, partisan asymmetry, and the mean-
median difference, and
(ii) alternative plans, which may include,
but are not limited to, those generated by
redistricting algorithms, exist that could have
complied with the requirements of law and not
been in violation of paragraph (1).
(3) Determination of intent.--For purposes of paragraph
(A), a rebuttable presumption shall exist that a redistricting
plan enacted by the legislature of a State was not enacted with
the intent of unduly favoring or disfavoring a political party
if the plan was enacted with the support of at least a third of
the members of the second largest political party in each house
of the legislature.
(4) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of partisan bias attributable to the
application of the criteria set forth in paragraphs (1), (2),
or (3) of subsection (a), unless one or more alternative plans
could have complied with such paragraphs without having the
effect of unduly favoring or disfavoring a political party.
(c) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the independent redistricting
commission may not take into consideration any of the following
factors, except to the extent necessary to comply with the criteria
described in paragraphs (1) through (3) of subsection (a), subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 2413(d):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(d) Applicability.--This section applies to any authority, whether
appointed, elected, judicial, or otherwise, that designs or enacts a
congressional redistricting plan of a State.
(e) Severability of Criteria.--If any of the criteria set forth in
this section, or the application of such criteria to any person or
circumstance, is held to be unconstitutional, the remaining criteria
set forth in this section, and the application of such criteria to any
person or circumstance, shall not be affected by the holding.
PART 2--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2414(a) shall establish an
independent redistricting commission for the State, which shall
consist of 15 members appointed by the agency as follows:
(A) Not later than October 1 of a year ending in
the numeral zero, the agency shall, at a public meeting
held not earlier than 15 days after notice of the
meeting has been given to the public, first appoint 6
members as follows:
(i) The agency shall appoint 2 members on a
random basis from the majority category of the
approved selection pool (as described in
section 2412(b)(1)(A)).
(ii) The agency shall appoint 2 members on
a random basis from the minority category of
the approved selection pool (as described in
section 2412(b)(1)(B)).
(iii) The agency shall appoint 2 members on
a random basis from the independent category of
the approved selection pool (as described in
section 2412(b)(1)(C)).
(B) Not later than November 15 of a year ending in
the numeral zero, the members appointed by the agency
under subparagraph (A) shall, at a public meeting held
not earlier than 15 days after notice of the meeting
has been given to the public, then appoint 9 members as
follows:
(i) The members shall appoint 3 members
from the majority category of the approved
selection pool (as described in section
2412(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
2412(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
2412(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B)
of paragraph (1), as well as the designation of
alternates for such members pursuant to subparagraph
(B) of paragraph (3) and the appointment of alternates
to fill vacancies pursuant to subparagraph (B) of
paragraph (4), shall require the affirmative vote of at
least 4 of the members appointed by the nonpartisan
agency under subparagraph (A) of paragraph (1),
including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9
members pursuant to subparagraph (B) of paragraph (1),
as well as in designating alternates pursuant to
subparagraph (B) of paragraph (3) and in appointing
alternates to fill vacancies pursuant to subparagraph
(B) of paragraph (4), the first members of the
independent redistricting commission shall ensure that
the membership is representative of the demographic
groups (including racial, ethnic, economic, and gender)
and geographic regions of the State, and provides
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965 with a meaningful
opportunity to participate in the development of the
State's redistricting plan.
(3) Designation of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--At the time the
agency appoints the members of the independent
redistricting commission under subparagraph (A) of
paragraph (1) from each of the categories referred to
in such subparagraph, the agency shall, on a random
basis, designate 2 other individuals from such category
to serve as alternate members who may be appointed to
fill vacancies in the commission in accordance with
paragraph (4).
(B) Members appointed by first members.--At the
time the members appointed by the agency appoint the
other members of the independent redistricting
commission under subparagraph (B) of paragraph (1) from
each of the categories referred to in such
subparagraph, the members shall, in accordance with the
special rules described in paragraph (2), designate 2
other individuals from such category to serve as
alternate members who may be appointed to fill
vacancies in the commission in accordance with
paragraph (4).
(4) Appointment of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--If a vacancy
occurs in the commission with respect to a member who
was appointed by the nonpartisan agency under
subparagraph (A) of paragraph (1) from one of the
categories referred to in such subparagraph, the agency
shall fill the vacancy by appointing, on a random
basis, one of the 2 alternates from such category who
was designated under subparagraph (A) of paragraph (3).
At the time the agency appoints an alternate to fill a
vacancy under the previous sentence, the agency shall
designate, on a random basis, another individual from
the same category to serve as an alternate member, in
accordance with subparagraph (A) of paragraph (3).
(B) Members appointed by first members.--If a
vacancy occurs in the commission with respect to a
member who was appointed by the first members of the
commission under subparagraph (B) of paragraph (1) from
one of the categories referred to in such subparagraph,
the first members shall, in accordance with the special
rules described in paragraph (2), fill the vacancy by
appointing one of the 2 alternates from such category
who was designated under subparagraph (B) of paragraph
(3). At the time the first members appoint an alternate
to fill a vacancy under the previous sentence, the
first members shall, in accordance with the special
rules described in paragraph (2), designate another
individual from the same category to serve as an
alternate member, in accordance with subparagraph (B)
of paragraph (3).
(5) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance of
the evidence that the member is not eligible to serve on the
commission under section 2412(a).
(b) Procedures for Conducting Commission Business.--
(1) Chair.--Members of an independent redistricting
commission established under this section shall select by
majority vote one member who was appointed from the independent
category of the approved selection pool described in section
2412(b)(1)(C) to serve as chair of the commission. The
commission may not take any action to develop a redistricting
plan for the State under section 2413 until the appointment of
the commission's chair.
(2) Requiring majority approval for actions.--The
independent redistricting commission of a State may not publish
and disseminate any draft or final redistricting plan, or take
any other action, without the approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2412(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection, the
independent redistricting commission of a State shall appoint
and set the pay of technical experts, legal counsel,
consultants, and such other staff as it considers appropriate,
subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 2412(b)(1).
(3) Reports on expenditures for political activity.--
(A) Report by applicants.--Each individual who
applies for a position as an employee of the
independent redistricting commission and each vendor
who applies for a contract with the commission shall,
at the time of applying, file with the commission a
report summarizing--
(i) any expenditure for political activity
made by such individual or vendor during the 10
most recent calendar years; and
(ii) any income received by such individual
or vendor during the 10 most recent calendar
years which is attributable to an expenditure
for political activity.
(B) Annual reports by employees and vendors.--Each
person who is an employee or vendor of the independent
redistricting commission shall, not later than 1 year
after the person is appointed as an employee or enters
into a contract as a vendor (as the case may be) and
annually thereafter for each year during which the
person serves as an employee or a vendor, file with the
commission a report summarizing the expenditures and
income described in subparagraph (A) during the 10 most
recent calendar years.
(C) Expenditure for political activity defined.--In
this paragraph, the term ``expenditure for political
activity'' means a disbursement for any of the
following:
(i) An independent expenditure, as defined
in section 301(17) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(17)).
(ii) An electioneering communication, as
defined in section 304(f)(3) of such Act (52
U.S.C. 30104(f)(3)) or any other public
communication, as defined in section 301(22) of
such Act (52 U.S.C. 30101(22)) that would be an
electioneering communication if it were a
broadcast, cable, or satellite communication.
(iii) Any dues or other payments to trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code that are, or could reasonably be
anticipated to be, used or transferred to
another association or organization for a use
described in paragraph (1), (2), or (4) of
section 501(c) of such Code.
(4) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner, and may require any person who
applies for an appointment to a staff position or for a
vendor's contract with the commission to provide information on
the person's history of political activity beyond the
information on the person's expenditures for political activity
provided in the reports required under paragraph (3) (including
donations to candidates, political committees, and political
parties) as a condition of the appointment or the contract.
(5) Disqualification; waiver.--
(A) In general.--The independent redistricting
commission may not appoint an individual as an
employee, and may not enter into a contract with a
vendor, if the individual or vendor meets any of the
criteria for the disqualification of an individual from
serving as a member of the commission which are set
forth in section 2412(a)(2).
(B) Waiver.--The commission may by unanimous vote
of its members waive the application of subparagraph
(A) to an individual or a vendor after receiving and
reviewing the report filed by the individual or vendor
under paragraph (3).
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the next year ending in the numeral
zero; or
(B) the day on which the nonpartisan agency
established or designated by a State under section
2414(a) has, in accordance with section 2412(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
2414(b).
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as may
be necessary to enable the State to respond to any civil action
brought with respect to congressional redistricting in the
State.
SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission if the
individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 2413, at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement, with an
attestation under penalty of perjury, containing the
following information and assurances:
(i) The full current name and any former
names of, and the contact information for, the
individual, including an electronic mail
address, the address of the individual's
residence, mailing address, and telephone
numbers.
(ii) The individual's race, ethnicity,
gender, age, date of birth, and household
income for the most recent taxable year.
(iii) The political party with which the
individual is affiliated, if any.
(iv) The reason or reasons the individual
desires to serve on the independent
redistricting commission, the individual's
qualifications, and information relevant to the
ability of the individual to be fair and
impartial, including, but not limited to--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes;
(II) the individual's employment
and educational history.
(v) An assurance that the individual shall
commit to carrying out the individual's duties
under this subtitle in an honest, independent,
and impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(vi) An assurance that, during the covered
periods described in paragraph (3), the
individual has not taken and will not take any
action which would disqualify the individual
from serving as a member of the commission
under paragraph (2).
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies during any of the covered periods described in
paragraph (3):
(A) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds public office or is a candidate for
election for public office.
(B) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual serves as an officer of a political party or
as an officer, employee, or paid consultant of a
campaign committee of a candidate for public office or
of any political action committee (as determined in
accordance with the law of the State).
(C) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds a position as a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) or an equivalent State or local law.
(D) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an employee of an elected public
official, a contractor with the government of the
State, or a donor to the campaign of any candidate for
public office or to any political action committee
(other than a donor who, during any of such covered
periods, gives an aggregate amount of $1,000 or less to
the campaigns of all candidates for all public offices
and to all political action committees).
(E) The individual paid a civil money penalty or
criminal fine, or was sentenced to a term of
imprisonment, for violating any provision of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
(F) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an agent of a foreign principal under the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the appointment
of an individual to the commission, any of the following:
(A) The 10-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the
individual's appointment and ending on August 14 of the
next year ending in the numeral one.
(C) The 10-year period beginning on the day after
the last day of the period described in subparagraph
(B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 2414(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 2414(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
subtitle, consisting of individuals in the following
categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the most votes in the most
recent statewide election for Federal office held in
the State.
(B) A minority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the second most votes in the
most recent statewide election for Federal office held
in the State.
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic,
and gender) and geographic regions of the State, and
includes applicants who would allow racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 a meaningful opportunity to participate in
the development of the State's redistricting plan; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Interviews of applicants.--To assist the nonpartisan
agency in developing the selection pool under this subsection,
the nonpartisan agency shall conduct interviews of applicants
under oath. If an individual is included in a selection pool
developed under this section, all of the interviews of the
individual shall be transcribed and the transcriptions made
available on the nonpartisan agency's website contemporaneously
with release of the report under paragraph (6).
(4) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(D), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(5) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(6) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish and post on the agency's public website a report
describing the process by which the pool was developed, and
shall include in the report a description of how the
individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(7) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (6), the agency shall
accept comments from the public on the individuals included in
the selection pool. The agency shall post all such comments
contemporaneously on the nonpartisan agency's website and shall
transmit them to the Select Committee on Redistricting
immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not
later than 21 days after receiving the selection pool
from the nonpartisan agency under paragraph (1), the
Select Committee on Redistricting shall, by majority
vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
replacement selection pool in accordance with
subsection (c).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan agency
under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(7) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in the
rejected selection pool submitted under subsection (b), so long
as at least one of the individuals in the replacement pool was
not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 21 days after
receiving the replacement selection pool from the
nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall, by majority vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
second replacement selection pool in accordance
with subsection (d).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14 days
after the rejection, the nonpartisan agency shall develop and
submit to the Select Committee a second replacement selection
pool, under the same terms and conditions that applied to the
development and submission of the selection pool under
paragraphs (1) through (7) of subsection (b). The second
replacement selection pool submitted under this paragraph may
include individuals who were included in the rejected selection
pool submitted under subsection (b) or the rejected replacement
selection pool submitted under subsection (c), so long as at
least one of the individuals in the replacement pool was not
included in either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not earlier than 15 days and not
later than 14 days after receiving the second
replacement selection pool from the nonpartisan agency
under paragraph (1), the Select Committee on
Redistricting shall, by majority vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(C) Effect of rejection.--If the Select Committee
on Redistricting rejects the second replacement pool
from the nonpartisan agency under paragraph (1), the
redistricting plan for the State shall be developed and
enacted in accordance with part 3.
SEC. 2413. PUBLIC NOTICE AND INPUT.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public, including proposed maps, throughout
the process of developing the redistricting plan for the State,
and shall carry out its duties in an open and transparent
manner which provides for the widest public dissemination
reasonably possible of its proposed and final redistricting
plans.
(2) Website.--
(A) Features.--The commission shall maintain a
public Internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) General information on the commission,
its role in the redistricting process, and its
members, including contact information.
(ii) An updated schedule of commission
hearings and activities, including deadlines
for the submission of comments.
(iii) All draft redistricting plans
developed by the commission under subsection
(b) and the final redistricting plan developed
under subsection (c), including the
accompanying written evaluation under
subsection (d).
(iv) All comments received from the public
on the commission's activities, including any
proposed maps submitted under paragraph (1).
(v) Live streaming of commission hearings
and an archive of previous meetings, including
any documents considered at any such meeting,
which the commission shall post not later than
24 hours after the conclusion of the meeting.
(vi) Access in an easily useable format to
the demographic and other data used by the
commission to develop and analyze the proposed
redistricting plans, together with access to
any software used to draw maps of proposed
districts and to any reports analyzing and
evaluating any such maps.
(vii) A method by which members of the
public may submit comments and proposed maps
directly to the commission.
(viii) All records of the commission,
including all communications to or from
members, employees, and contractors regarding
the work of the commission.
(ix) A list of all contractors receiving
payment from the commission, together with the
annual disclosures submitted by the contractors
under section 2411(c)(3).
(x) A list of the names of all individuals
who submitted applications to serve on the
commission, together with the applications
submitted by individuals included in any
selection pool, except that the commission may
redact from such applications any financial or
other personally sensitive information.
(B) Searchable format.--The commission shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(C) Deadline.--The commission shall ensure that the
public internet site under this paragraph is
operational (in at least a preliminary format) not
later than January 1 of the year ending in the numeral
one.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in
the numeral one; and
(B) which ends 7 days before the date of the
meeting at which the commission shall vote on approving
the final redistricting plan for enactment into law
under subsection (c)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(5) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
posted and published under this section available in any
language in which the State (or any jurisdiction in the State)
is required to provide election materials under section 203 of
the Voting Rights Act of 1965.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State shall develop and publish a
preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 3 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 3 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Minimum period for notice prior to hearings.--
Not fewer than 14 days prior to the date of each
hearing held under this paragraph, the commission shall
post notices of the hearing in on the website
maintained under subsection (a)(2), and shall provide
for the publication of such notices in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or
portions of maps for consideration by the commission.
As provided under subsection (a)(2)(A), any such map
shall be made publicly available on the commission's
website and open to comment.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the
preliminary redistricting plan developed under this
subsection, together with a report that includes the
commission's responses to any public comments received
under subsection (a)(3), on the website maintained
under subsection (a)(2), and shall provide for the
publication of each such plan in newspapers of general
circulation throughout the State.
(B) Minimum period for notice prior to
publication.--Not fewer than 14 days prior to the date
on which the commission posts and publishes the
preliminary plan under this paragraph, the commission
shall notify the public through the website maintained
under subsection (a)(2), as well as through publication
of notice in newspapers of general circulation
throughout the State, of the pending publication of the
plan.
(4) Minimum post-publication period for public comment.--
The commission shall accept and consider comments from the
public (including through the website maintained under
subsection (a)(2)) with respect to the preliminary
redistricting plan published under paragraph (3), including
proposed revisions to maps, for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and
publishing the preliminary redistricting plan under
paragraph (3), the commission shall hold not fewer than
3 public hearings in different geographic areas of the
State at which members of the public may provide input
and comments regarding the preliminary plan.
(B) Minimum period for notice prior to hearings.--
Not fewer than 14 days prior to the date of each
hearing held under this paragraph, the commission shall
post notices of the hearing in on the website
maintained under subsection (a)(2), and shall provide
for the publication of such notices in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(c) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (b), the independent
redistricting commission of a State shall develop and publish a
final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), the commission shall hold a public
hearing at which the members of the commission shall vote on
approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained under
subsection (a)(2), as well as through newspapers of general
circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (b).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final
redistricting plan developed and published under this
subsection shall be deemed to be enacted into law upon the
expiration of the 45-day period which begins on the date on
which--
(A) such final plan is approved by a majority of
the whole membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2412(b)(1) approves such
final plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The
final redistricting plan shall not be deemed to be
enacted into law unless the State submits the plan to
the Department of Justice for an administrative review
to determine if the plan is in compliance with the
criteria described in subparagraphs (B) and (C) of
section 2413(a)(1).
(B) Termination of review.--The Department of
Justice shall terminate any administrative review under
subparagraph (A) if, during the 45-day period which
begins on the date the plan is enacted into law, an
action is filed in a United States district court
alleging that the plan is not in compliance with the
criteria described in subparagraphs (B) and (C) of
section 2413(a)(1).
(d) Written Evaluation of Plan Against External Metrics.--The
independent redistricting commission shall include with each
redistricting plan developed and published under this section a written
evaluation that measures each such plan against external metrics which
cover the criteria set forth in section 2403(a), including the impact
of the plan on the ability of communities of color to elect candidates
of choice, measures of partisan fairness using multiple accepted
methodologies, and the degree to which the plan preserves or divides
communities of interest.
(e) Timing.--The independent redistricting commission of a State
may begin its work on the redistricting plan of the State upon receipt
of relevant population information from the Bureau of the Census, and
shall approve a final redistricting plan for the State in each year
ending in the numeral one not later than 8 months after the date on
which the State receives the State apportionment notice or October 1,
whichever occurs later.
SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State in accordance with section 2411.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Training of members appointed to commission.--Not later
than January 15 of a year ending in the numeral one, the
nonpartisan agency established or designated under this
subsection shall provide the members of the independent
redistricting commission with initial training on their
obligations as members of the commission, including obligations
under the Voting Rights Act of 1965 and other applicable laws.
(4) Regulations.--The nonpartisan agency established or
designated under this subsection shall adopt and publish
regulations, after notice and opportunity for comment,
establishing the procedures that the agency will follow in
fulfilling its duties under this subtitle, including the
procedures to be used in vetting the qualifications and
political affiliation of applicants and in creating the
selection pools, the randomized process to be used in selecting
the initial members of the independent redistricting
commission, and the rules that the agency will apply to ensure
that the agency carries out its duties under this subtitle in a
maximally transparent, publicly accessible, and impartial
manner.
(5) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this
subtitle, so long as the agency meets the requirements for
nonpartisanship under this subsection.
(6) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (5) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(7) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency are retained in the
appropriate State archive in such manner as may be necessary to
enable the State to respond to any civil action brought with
respect to congressional redistricting in the State.
(8) Deadline.--The State shall meet the requirements of
this subsection not later than each October 15 of a year ending
in the numeral nine.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the independent redistricting commission for
the State under section 2412.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) Two members of the State legislature appointed
by the chair of the political party of the State whose
candidate received the highest percentage of votes in
the most recent statewide election for Federal office
held in the State.
(B) Two members of the State legislature appointed
by the chair of the political party whose candidate
received the second highest percentage of votes in the
most recent statewide election for Federal office held
in the State.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than each January 15 of a year ending
in the numeral zero.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than May 15 of a year ending in the numeral one, the
Comptroller General of the United States shall submit to Congress a
report on the extent to which the memberships of independent
redistricting commissions for States established under this part with
respect to the immediately preceding year ending in the numeral zero
meet the diversity requirements as provided for in sections
2411(a)(2)(B) and 2412(b)(2).
PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events described
in subsection (f) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, the United States district court for
the applicable venue, acting through a 3-judge Court convened
pursuant to section 2284 of title 28, United States Code, shall
develop and publish the congressional redistricting plan for
the State; and
(2) the final plan developed and published by the Court
under this section shall be deemed to be enacted on the date on
which the Court publishes the final plan, as described in
subsection (d).
(b) Applicable Venue Described.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the capital of the State is
located, as selected by the first party to file with the court
sufficient evidence of the occurrence of a triggering event described
in subsection (f).
(c) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the Court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the
independent redistricting commission of the State under section
2403.
(2) Access to information and records of commission.--The
Court shall have access to any information, data, software, or
other records and material that was used (or that would have
been used, as the case may be) by the independent redistricting
commission of the State in carrying out its duties under this
subtitle.
(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.
(d) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
Court shall make the plans available to the public at no cost,
and shall also make available the underlying data used by the
Court to develop the plans and a written evaluation of the
plans against external metrics (as described in section
2413(d)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
Court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the Court
shall develop and publish the final redistricting plan for the
State.
(e) Use of Interim Plan.--In the event that the Court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the Court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the Court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the Court to develop and publish the final
redistricting plan, including but not limited to the discretion to make
any changes the Court deems necessary to an interim redistricting plan.
(f) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
2414(a) prior to the expiration of the deadline set forth in
section 2414(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 2414(b) prior to the expiration
of the deadline set forth in section 2414(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 2412 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 2412(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 2413(e).
SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF
FEDERAL COURT.
If a Federal court requires a State to conduct redistricting
subsequent to an apportionment of Representatives in the State in order
to comply with the Constitution or to enforce the Voting Rights Act of
1965, section 2413 shall apply with respect to the redistricting,
except that the court may revise any of the deadlines set forth in such
section if the court determines that a revision is appropriate in order
to provide for a timely enactment of a new redistricting plan for the
State.
PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d), not
later than 30 days after a State receives a State apportionment notice,
the Election Assistance Commission shall, subject to the availability
of appropriations provided pursuant to subsection (e), make a payment
to the State in an amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this
section to establish and operate the State's independent redistricting
commission, to implement the State redistricting plan, and to otherwise
carry out congressional redistricting in the State.
(c) No Payment to States With Single Member.--The Election
Assistance Commission shall not make a payment under this section to
any State which is not entitled to more than one Representative under
its State apportionment notice.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--
(1) Requirement.--Except as provided in paragraph (2) and
paragraph (3), the Election Assistance Commission may not make
a payment to a State under this section until the State
certifies to the Commission that the nonpartisan agency
established or designated by a State under section 2414(a) has,
in accordance with section 2412(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 2414(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 2401(c), is exempt
from the requirements of section 2401(a), the Commission may
not make a payment to the State under this section until the
State certifies to the Commission that its redistricting
commission meets the requirements of section 2401(c).
(3) Exception for state of iowa.--In the case of the State
of Iowa, the Commission may not make a payment to the State
under this section until the State certifies to the Commission
that it will carry out congressional redistricting pursuant to
the State's apportionment notice in accordance with a plan
developed by the Iowa Legislative Services Agency with the
assistance of a Temporary Redistricting Advisory Commission, as
provided under the law described in section 2401(d).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 2432. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for such
relief as may be appropriate to carry out this subtitle.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State to meet
the requirements of this subtitle may bring a civil action in
the United States district court for the applicable venue for
such relief as may be appropriate to remedy the failure. For
purposes of this section, the ``applicable venue'' is the
District of Columbia or the judicial district in which the
capital of the State is located, as selected by the person who
brings the civil action.
(b) Expedited Consideration.--In any action brought forth under
this section, the following rules shall apply:
(1) The action shall be filed in the district court of the
United States for the District of Columbia or for the judicial
district in which the capital of the State is located, as
selected by the person bringing the action.
(2) The action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(3) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(4) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(5) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(6) It shall be the duty of the district court and the
Supreme Court of the United States to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this subtitle--
(i) the Court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 2421; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court may allow a State to
develop and propose a remedial congressional
redistricting plan for consideration by the
court, and such remedial plan may be developed
by the State by adopting such appropriate
changes to the State's enacted plan as may be
ordered by the court.
(B) Special rule in case final adjudication not
expected within 3 months of election.--If final
adjudication of an action under this section is not
reasonably expected to be completed at least three
months prior to the next regularly scheduled election
for the House of Representatives in the State, the
district court shall, as the balance of equities
warrant--
(i) order development, adoption, and use of
an interim congressional redistricting plan in
accordance with section 2421(e) 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, as needed, to allow sufficient
opportunity for adjudication of the matter and
adoption of a remedial or replacement plan for
use in the next regularly scheduled general
elections for the House of Representatives.
(2) No injunctive relief permitted.--Any remedial or
replacement congressional redistricting plan ordered under this
subsection shall not be subject to temporary or preliminary
injunctive relief from any court unless the record establishes
that a writ of mandamus is warranted.
(3) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
subtitle, 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.
(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 subtitle 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 subtitle
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 subtitle.
SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED.
In this subtitle, the ``State apportionment notice'' means, with
respect to a State, the notice sent to the State from the Clerk of the
House of Representatives under section 22(b) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives
to which the State is entitled.
SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this subtitle or in any amendment made by this subtitle
may be construed to affect the manner in which a State carries out
elections for State or local office, including the process by which a
State establishes the districts used in such elections.
SEC. 2435. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall apply
with respect to redistricting carried out pursuant to the decennial
census conducted during 2030 or any succeeding decennial census.
PART 5--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020
CENSUS
Subpart A--Application of Certain Requirements for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING
CARRIED OUT PURSUANT TO 2020 CENSUS.
Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle
and the amendments made by such parts shall apply with respect to
congressional redistricting carried out pursuant to the decennial
census conducted during 2020 in the same manner as such parts and the
amendments made by such parts apply with respect to redistricting
carried out pursuant to the decennial census conducted during 2030,
except as follows:
(1) Except as provided in subsection (c) and subsection (d)
of section 2401, the redistricting shall be conducted in
accordance with--
(A) the redistricting plan developed and enacted
into law by the independent redistricting commission
established in the State in accordance with subpart B;
or
(B) if a plan developed by such commission is not
enacted into law, the redistricting plan developed and
enacted into law by a 3-judge court in accordance with
section 2421.
(2) If any of the triggering events described in section
2442 occur with respect to the State, the United States
district court for the applicable venue shall develop and
publish the redistricting plan for the State, in accordance
with section 2421, not later than December 15, 2021.
(3) For purposes of section 2431(d)(1), the Election
Assistance Commission may not make a payment to a State under
such section until the State certifies to the Commission that
the nonpartisan agency established or designated by a State
under section 2454(a) has, in accordance with section
2452(b)(1), submitted a selection pool to the Select Committee
on Redistricting for the State established under section
2454(b).
SEC. 2442. TRIGGERING EVENTS.
For purposes of the redistricting carried out pursuant to the
decennial census conducted during 2020, the triggering events described
in this section are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency under section 2454(a) prior to the
expiration of the deadline under section 2454(a)(6).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 2454(b) prior to the expiration
of the deadline under section 2454(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve a selection pool under section 2452(b) prior to the
expiration of the deadline under section 2452(b)(7).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State under section 2453 prior to the expiration of the
deadline under section 2453(e).
Subpart B--Independent Redistricting Commissions for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR
REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2454(a) shall establish an
independent redistricting commission under this part for the
State, which shall consist of 15 members appointed by the
agency as follows:
(A) Not later than August 5, 2021, the agency
shall, at a public meeting held not earlier than 15
days after notice of the meeting has been given to the
public, first appoint 6 members as follows:
(i) The agency shall appoint 2 members on a
random basis from the majority category of the
approved selection pool (as described in
section 2452(b)(1)(A)).
(ii) The agency shall appoint 2 members on
a random basis from the minority category of
the approved selection pool (as described in
section 2452(b)(1)(B)).
(iii) The agency shall appoint 2 members on
a random basis from the independent category of
the approved selection pool (as described in
section 2452(b)(1)(C)).
(B) Not later than August 15, 2021, the members
appointed by the agency under subparagraph (A) shall,
at a public meeting held not earlier than 15 days after
notice of the meeting has been given to the public,
then appoint 9 members as follows:
(i) The members shall appoint 3 members
from the majority category of the approved
selection pool (as described in section
2452(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
2452(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
2452(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B)
of paragraph (1) shall require the affirmative vote of
at least 4 of the members appointed by the nonpartisan
agency under subparagraph (A) of paragraph (1),
including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9
members pursuant to subparagraph (B) of paragraph (1),
the first members of the independent redistricting
commission shall ensure that the membership is
representative of the demographic groups (including
racial, ethnic, economic, and gender) and geographic
regions of the State, and provides racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 with a meaningful opportunity to
participate in the development of the State's
redistricting plan.
(3) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance of
the evidence that the member is not eligible to serve on the
commission under section 2452(a).
(b) Procedures for Conducting Commission Business.--
(1) Requiring majority approval for actions.--The
independent redistricting commission of a State under this part
may not publish and disseminate any draft or final
redistricting plan, or take any other action, without the
approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2452(b)(1).
(2) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection, the
independent redistricting commission of a State under this part
shall appoint and set the pay of technical experts, legal
counsel, consultants, and such other staff as it considers
appropriate, subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 2452(b)(1).
(3) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner.
(d) Preservation of Records.--The State shall ensure that the
records of the independent redistricting commission are retained in the
appropriate State archive in such manner as may be necessary to enable
the State to respond to any civil action brought with respect to
congressional redistricting in the State.
SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission under this
part if the individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 2453, at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement, with an
attestation under penalty of perjury, containing the
following information and assurances:
(i) The full current name and any former
names of, and the contact information for, the
individual, including an electronic mail
address, the address of the individual's
residence, mailing address, and telephone
numbers.
(ii) The individual's race, ethnicity,
gender, age, date of birth, and household
income for the most recent taxable year.
(iii) The political party with which the
individual is affiliated, if any.
(iv) The reason or reasons the individual
desires to serve on the independent
redistricting commission, the individual's
qualifications, and information relevant to the
ability of the individual to be fair and
impartial, including, but not limited to--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes;
(II) the individual's employment
and educational history.
(v) An assurance that the individual shall
commit to carrying out the individual's duties
under this subtitle in an honest, independent,
and impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(vi) An assurance that, during such covered
period as the State may establish with respect
to any of the subparagraphs of paragraph (2),
the individual has not taken and will not take
any action which would disqualify the
individual from serving as a member of the
commission under such paragraph.
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies with respect to such covered period as the State may
establish:
(A) The individual or an immediate family member of
the individual holds public office or is a candidate
for election for public office.
(B) The individual or an immediate family member of
the individual serves as an officer of a political
party or as an officer, employee, or paid consultant of
a campaign committee of a candidate for public office
or of any political action committee (as determined in
accordance with the law of the State).
(C) The individual or an immediate family member of
the individual holds a position as a registered
lobbyist under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) or an equivalent State or local
law.
(D) The individual or an immediate family member of
the individual is an employee of an elected public
official, a contractor with the government of the
State, or a donor to the campaign of any candidate for
public office or to any political action committee
(other than a donor who, during any of such covered
periods, gives an aggregate amount of $1,000 or less to
the campaigns of all candidates for all public offices
and to all political action committees).
(E) The individual paid a civil money penalty or
criminal fine, or was sentenced to a term of
imprisonment, for violating any provision of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
(F) The individual or an immediate family member of
the individual is an agent of a foreign principal under
the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(3) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than July 15, 2021, the
nonpartisan agency established or designated by a State under
section 2454(a) shall develop and submit to the Select
Committee on Redistricting for the State established under
section 2454(b) a selection pool of 36 individuals who are
eligible to serve as members of the independent redistricting
commission of the State under this part, consisting of
individuals in the following categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the most votes in the most
recent Statewide election for Federal office held in
the State.
(B) A minority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the second most votes in the
most recent Statewide election for Federal office held
in the State.
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic,
and gender) and geographic regions of the State, and
includes applicants who would allow racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 a meaningful opportunity to participate in
the development of the State's redistricting plan; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(C), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(4) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(5) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish a report describing the process by which the pool was
developed, and shall include in the report a description of how
the individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(6) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (5), the agency shall
accept comments from the public on the individuals included in
the selection pool. The agency shall transmit all such comments
to the Select Committee on Redistricting immediately upon the
expiration of such period.
(7) Action by select committee.--
(A) In general.--Not later than August 1, 2021, the
Select Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2451(a)(1); or
(ii) reject the pool, in which case the
redistricting plan for the State shall be
developed and enacted in accordance with part
3.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State under this part shall hold
each of its meetings in public, shall solicit and take into
consideration comments from the public, including proposed
maps, throughout the process of developing the redistricting
plan for the State, and shall carry out its duties in an open
and transparent manner which provides for the widest public
dissemination reasonably possible of its proposed and final
redistricting plans.
(2) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time until 7 days
before the date of the meeting at which the commission shall
vote on approving the final redistricting plan for enactment
into law under subsection (c)(2).
(3) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(4) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
published under this section available in any language in which
the State (or any jurisdiction in the State) is required to
provide election materials under section 203 of the Voting
Rights Act of 1965.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State under this part shall
develop and publish a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 2 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 2 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or
portions of maps for consideration by the commission.
(3) Publication of preliminary plan.--The commission shall
provide for the publication of the preliminary redistricting
plan developed under this subsection, including in newspapers
of general circulation throughout the State, and shall make
publicly available a report that includes the commission's
responses to any public comments received under this
subsection.
(4) Public comment after publication.--The commission shall
accept and consider comments from the public with respect to
the preliminary redistricting plan published under paragraph
(3), including proposed revisions to maps, until 14 days before
the date of the meeting under subsection (c)(2) at which the
members of the commission shall vote on approving the final
redistricting plan for enactment into law.
(5) Post-publication hearings.--
(A) 2 hearings required.--After publishing the
preliminary redistricting plan under paragraph (3), and
not later than 14 days before the date of the meeting
under subsection (c)(2) at which the members of the
commission shall vote on approving the final
redistricting plan for enactment into law, the
commission shall hold not fewer than 2 public hearings
in different geographic areas of the State at which
members of the public may provide input and comments
regarding the preliminary plan.
(B) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(c) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (b), the independent
redistricting commission of a State under this part shall
develop and publish a final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), the commission shall hold a public
hearing at which the members of the commission shall vote on
approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall make the following
information to the public, including through newspapers of
general circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (b).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law upon the expiration of the 45-day period which begins
on the date on which--
(A) such final plan is approved by a majority of
the whole membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2452(b)(1) approves such
final plan.
(d) Written Evaluation of Plan Against External Metrics.--The
independent redistricting commission of a State under this part shall
include with each redistricting plan developed and published under this
section a written evaluation that measures each such plan against
external metrics which cover the criteria set forth section 2403(a),
including the impact of the plan on the ability of communities of color
to elect candidates of choice, measures of partisan fairness using
multiple accepted methodologies, and the degree to which the plan
preserves or divides communities of interest.
(e) Deadline.--The independent redistricting commission of a State
under this part shall approve a final redistricting plan for the State
not later than November 15, 2021.
SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State under this part in accordance with section 2451.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this
subtitle, so long as the agency meets the requirements for
nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(5) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency are retained in the
appropriate State archive in such manner as may be necessary to
enable the State to respond to any civil action brought with
respect to congressional redistricting in the State.
(6) Deadline.--The State shall meet the requirements of
this subsection not later than June 1, 2021.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the independent redistricting commission for
the State under this part under section 2452.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) Two members of the State legislature appointed
by the chair of the political party of the State whose
candidate received the highest percentage of votes in
the most recent Statewide election for Federal office
held in the State.
(B) Two members of the State legislature appointed
by the chair of the political party whose candidate
received the second highest percentage of votes in the
most recent Statewide election for Federal office held
in the State.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than June 15, 2021.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than November 15, 2021, the Comptroller General of the
United States shall submit to Congress a report on the extent to which
the memberships of independent redistricting commissions for States
established under this part with respect to the immediately preceding
year ending in the numeral zero meet the diversity requirements as
provided for in sections 2451(a)(2)(B) and 2452(b)(2).
Subtitle F--Saving Eligible Voters From Voter Purging
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Stop Automatically Voiding
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``SAVE
VOTERS Act''.
SEC. 2502. 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), 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 notice sent under section 8(d), unless the notice
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.
``(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 for any reason (other
than the death of the registrant), 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 or 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'' and inserting ``, and
subject to section 8A of such Act, registrants''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
SEC. 2601. 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.
Subtitle H--Residence of Incarcerated Individuals
SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS.
Section 141 of title 13, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g)(1) Effective beginning with the 2020 decennial census of
population, in taking any tabulation of total population by States
under subsection (a) for purposes of the apportionment of
Representatives in Congress among the several States, the Secretary
shall, with respect to an individual incarcerated in a State, Federal,
county, or municipal correctional center as of the date on which such
census is taken, attribute such individual to such individual's last
place of residence before incarceration.
``(2) In carrying out this subsection, the Secretary shall consult
with each State department of corrections to collect the information
necessary to make the determination required under paragraph (1).''.
Subtitle I--Findings Relating to Youth Voting
SEC. 2801. FINDINGS RELATING TO YOUTH VOTING.
Congress finds the following:
(1) The right to vote is a fundamental right of citizens of
the United States.
(2) The twenty-sixth amendment of the United States
Constitution guarantees that ``The right of citizens of the
United States, who are eighteen years of age or older, to vote
shall not be denied or abridged by the United States or by any
State on account of age.''.
(3) The twenty-sixth amendment of the United States
Constitution grants Congress the power to enforce the amendment
by appropriate legislation.
(4) The language of the twenty-sixth amendment closely
mirrors that of the fifteenth amendment and the nineteenth
amendment. Like those amendments, the twenty-sixth amendment
not only prohibits denial of the right to vote but also
prohibits any actions that abridge the right to vote.
(5) Youth voter suppression undercuts participation in our
democracy by introducing arduous obstacles to new voters and
discouraging a culture of democratic engagement.
(6) Voting is habit forming, and allowing youth voters
unobstructed access to voting ensures that more Americans will
start a life-long habit of voting as soon as possible.
(7) Youth voter suppression is a clear, persistent, and
growing problem. The actions of States and political
subdivisions resulting in at least four findings of twenty-
sixth amendment violations as well as pending litigation
demonstrate the need for Congress to take action to enforce the
twenty-sixth amendment.
(8) In League of Women Voters of Florida, Inc. v. Detzner
(2018), the United States District Court in the Northern
District of Florida found that the Secretary of State's actions
that prevented in-person early voting sites from being located
on university property revealed a stark pattern of
discrimination that was unexplainable on grounds other than age
and thus violated university students' twenty-sixth Amendment
rights.
(9) In 2019, Michigan agreed to a settlement to enhance
college-age voters' access after a twenty-sixth amendment
challenge was filed in federal court. The challenge prompted
the removal of a Michigan voting law which required first time
voters who registered by mail or through a third-party voter
registration drive to vote in person for the first time, as
well as the removal of another law which required the address
listed on a voter's driver license to match the address listed
on their voter registration card.
(10) Youth voter suppression tactics are often linked to
other tactics aimed at minority voters. For example, students
at Prairie View A&M University (PVAMU), a historically black
university in Texas, have been the targets of voter suppression
tactics for decades. Before the 2018 election, PVAMU students
sued Waller County on the basis of both racial and age
discrimination over the County's failure to ensure equal early
voting opportunities for students, spurring the County to
reverse course and expand early voting access for students.
(11) The more than 25 million United States citizens ages
18-24 deserve equal opportunity to participate in the electoral
process as guaranteed by the twenty-sixth amendment.
Subtitle J--Severability
SEC. 2901. 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.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election
administration requirements under Help
America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-Limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Sec. 3106. Pre-election threat assessments.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other
guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Sec. 3305. Exemption of cybersecurity assistance from limitations on
amount of coordinated political party
expenditures.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Subtitle F--Election Security Grants Advisory Committee
Sec. 3501. Establishment of advisory committee.
Subtitle G--Miscellaneous Provisions
Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.
Subtitle H--Use of Voting Machines Manufactured in the United States
Sec. 3701. Use of voting machines manufactured in the United States.
Subtitle I--Study and Report on Bots
Sec. 3801. Short title.
Sec. 3802. Task Force.
Sec. 3803. Study and Report.
Subtitle J--Severability
Sec. 3901. Severability.
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This title may be cited as the ``Election
Security Act''.
(b) Sense of Congress on Need To Improve Election Infrastructure
Security.--It is the sense of Congress that, in light of the lessons
learned from Russian interference in the 2016 Presidential election,
the Federal Government should intensify its efforts to improve the
security of election infrastructure in the United States, including
through the use of individual, durable, paper ballots marked by the
voter by hand.
Subtitle A--Financial Support for Election Infrastructure
PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1622(b), 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.--The Commission shall make a
grant to each eligible State--
``(1) to replace a voting system--
``(A) 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
does meet such requirements, for use in the regularly
scheduled general elections for Federal office held in
November 2022; or
``(B) which does meet such requirements but which
is not in compliance with the most recent voluntary
voting system guidelines issued by the Commission prior
to the regularly scheduled general election for Federal
office held in November 2022 with another system which
does meet such requirements and is in compliance with
such guidelines;
``(2) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general elections for Federal office held in November
2022 and each succeeding election for Federal office; and
``(3) to implement and model best practices for ballot
design, ballot instructions, and the testing of ballots.
``(b) Amount of Grant.--The amount of a grant made to a State under
this section shall be such amount as the Commission determines to be
appropriate, except that such amount may not be less than the product
of $1 and the average of the number of individuals who cast votes in
any of the two most recent regularly scheduled general elections for
Federal office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds appropriated for
grants under this part is insufficient to ensure that each State
receives the amount of the grant calculated under subsection (b), the
Commission shall make such pro rata reductions in such amounts as may
be necessary to ensure that the entire amount appropriated under this
part is distributed to the States.
``(d) Surplus Appropriations.--If the amount of funds appropriated
for grants authorized under section 298D(a)(2) exceed the amount
necessary to meet the requirements of subsection (b), the Commission
shall consider the following in making a determination to award
remaining funds to a State:
``(1) The record of the State in carrying out the following
with respect to the administration of elections for Federal
office:
``(A) Providing voting machines that are less than
10 years old.
``(B) Implementing strong chain of custody
procedures for the physical security of voting
equipment and paper records at all stages of the
process.
``(C) Conducting pre-election testing on every
voting machine and ensuring that paper ballots are
available wherever electronic machines are used.
``(D) Maintaining offline backups of voter
registration lists.
``(E) Providing a secure voter registration
database that logs requests submitted to the database.
``(F) Publishing and enforcing a policy detailing
use limitations and security safeguards to protect the
personal information of voters in the voter
registration process.
``(G) Providing secure processes and procedures for
reporting vote tallies.
``(H) Providing a secure platform for disseminating
vote totals.
``(2) Evidence of established conditions of innovation and
reform in providing voting system security and the proposed
plan of the State for implementing additional conditions.
``(3) Evidence of collaboration between relevant
stakeholders, including local election officials, in developing
the grant implementation plan described in section 298B.
``(4) The plan of the State to conduct a rigorous
evaluation of the effectiveness of the activities carried out
with the grant.
``(e) Ability of Replacement Systems To Administer Ranked Choice
Elections.--To the greatest extent practicable, an eligible State which
receives a grant to replace a voting system under this section shall
ensure that the replacement system is capable of administering a system
of ranked choice voting under which each voter shall rank the
candidates for the office in the order of the voter's preference.
``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 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 election infrastructure, 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 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 or designates as critical to the operation of
the State's election infrastructure.
``(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.--
``(1) In general.--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 on behalf of a State, unit of
local government, or election agency (as defined in section
3601 of the Election Security Act) who meets the criteria
described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph
are such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a
citizen or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, of any
sourcing outside the United States for parts of the
election infrastructure.
``(C) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, the
identification of any entity or individual with a more
than five 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 Technical Guidelines
Development Committee.
``(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Technical Guidelines Development Committee.
``(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 Technical Guidelines
Development Committee.
``(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 Technical Guidelines Development Committee.
``(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 Technical Guidelines
Development Committee.
``(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 this part.
``(J) The vendor agrees to permit independent
security testing by the Commission (in accordance with
section 231(a)) and by the Secretary of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(3) Cybersecurity incident reporting requirements.--
``(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 this
part--
``(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
Chairman 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.
``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 risk-
limiting audits and 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 appropriate congressional
committees, including 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) $1,000,000,000 for fiscal year 2021; and
``(2) $175,000,000 for each of the fiscal years 2022, 2024,
2026, and 2028.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1622(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.''.
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE
OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION
REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202 of the
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended--
(1) in the matter preceding paragraph (1), by striking
``by'' and inserting ``and the security of election
infrastructure by''; and
(2) by striking the semicolon at the end of paragraph (1)
and inserting the following: ``, and the development,
maintenance and dissemination of cybersecurity guidelines to
identify vulnerabilities that could lead to, protect against,
detect, respond to and recover from cybersecurity incidents;''.
(b) Membership of Secretary of Homeland Security on Board of
Advisors of Election Assistance Commission.--Section 214(a) of such Act
(52 U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38
members''; and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the
Secretary's designee.''.
(c) Representative of Department of Homeland Security on Technical
Guidelines Development Committee.--Section 221(c)(1) of such Act (52
U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of
Homeland Security.''.
(d) Goals of Periodic Studies of Election Administration Issues;
Consultation With Secretary of Homeland Security.--Section 241(a) of
such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Commission shall'' and inserting ``the Commission, in
consultation with the Secretary of Homeland Security (as
appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) will be secure against attempts to undermine the
integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security
improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)),
as amended by section 1061(a)(2), is further amended by adding
at the end the following new paragraph:
``(5) Permitting use of payments for voting system security
improvements.--A State may use a requirements payment to carry
out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) 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 or designates as critical to
the operation of the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of
the information technology infrastructure described in
subparagraph (B).
``(D) Enhancing the security of voter registration
databases.''.
(2) Incorporation of election infrastructure protection in
state plans for use of payments.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking the period at
the end and inserting ``, including the protection of election
infrastructure.''.
(3) Composition of committee responsible for developing
state plan for use of payments.--Section 255 of such Act (52
U.S.C. 21005) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Geographic Representation.--The members of the committee
shall be a representative group of individuals from the State's
counties, cities, towns, and Indian tribes, and shall represent the
needs of rural as well as urban areas of the State, as the case may
be.''.
(f) Ensuring Protection of Computerized Statewide Voter
Registration List.--Section 303(a)(3) of such Act (52 U.S.C.
21083(a)(3)) is amended by striking the period at the end and inserting
``, as well as other measures to prevent and deter cybersecurity
incidents, as identified by the Commission, the Secretary of Homeland
Security, and the Technical Guidelines Development Committee.''.
(g) Senior Cyber Policy Advisor.--Section 204(a) of such Act (52
U.S.C. 20924(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Senior cyber policy advisor.--The Commission shall
have a Senior Cyber Policy Advisor, who shall be appointed by
the Commission and who shall serve under the Executive
Director, and who shall be the primary policy advisor to the
Commission on matters of cybersecurity for Federal
elections.''.
SEC. 3003. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141), as amended by section 1921(b)(1), is amended to read
as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3601 of the Election Security Act.
``(3) 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.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 901 to read as
follows:
``Sec. 901. Definitions.''.
PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
sections 1622(b) and 3001(a), is amended by adding at the end the
following new part:
``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2022 and each succeeding
election for Federal office.
``(b) Risk-Limiting Audits Described.--In this part, a `risk-
limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved in
the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) 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.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election 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.
``SEC. 299A. 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 certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 299;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 299(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
part $20,000,000 for fiscal year 2021, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 1622(c) and 3001(b), is further amended by adding
at the end of the items relating to subtitle D of title II the
following:
``Part 9--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 299. Grants for conducting risk-limiting audits of
results of elections.
``Sec. 299A. Eligibility of States.
``Sec. 299B. Authorization of appropriations.''.
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first election for
Federal office is held after grants are first awarded to States for
conducting risk-limiting audits under part 9 of subtitle D of title II
of the Help America Vote Act of 2002 (as added by section 3011) for
conducting risk-limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an analysis of
the extent to which such audits have improved the administration of
such elections and the security of election infrastructure in the
States receiving such grants.
(b) Report.--The Comptroller General of the United States shall
submit a report on the analysis conducted under subsection (a) to the
appropriate congressional committees.
PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM
SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, in coordination with the Chairman
of the Election Assistance Commission (established pursuant to the Help
America Vote Act of 2002) and in consultation with the Director of the
National Science Foundation and the Director of the National Institute
of Standards and Technology, shall establish a competitive grant
program to award grants to eligible entities, on a competitive basis,
for purposes of research and development that are determined to have
the potential to significantly improve the security (including
cybersecurity), quality, reliability, accuracy, accessibility, and
affordability of election infrastructure, and increase voter
participation.
``(b) Report to Congress.--Not later than 90 days after the
conclusion of each fiscal year for which grants are awarded under this
section, the Secretary shall submit to the Committee on Homeland
Security and the Committee on House Administration of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Rules and Administration of the Senate a
report describing such grants and analyzing the impact, if any, of such
grants on the security and operation of election infrastructure, and on
voter participation.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $20,000,000 for each of fiscal years 2021
through 2029 for purposes of carrying out this section.
``(d) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) an institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), including an institution of higher
education that is a historically Black college or university
(which has the meaning given the term ``part B institution'' in
section 322 of such Act (20 U.S.C. 1061)) or other minority-
serving institution listed in section 371(a) of such Act (20
U.S.C. 1067q(a));
``(2) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; or
``(3) an organization, association, or a for-profit
company, including a small business concern (as such term is
described in section 3 of the Small Business Act (15 U.S.C.
632)), including a small business concern owned and controlled
by socially and economically disadvantaged individuals (as such
term is defined in section 8(d)(3)(C) of the Small Business Act
(15 U.S.C. 637(d)(3)(C)).''.
(b) Definition.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended--
(1) by redesignating paragraphs (6) through (20) as
paragraphs (7) through (21), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) 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.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 320 the following new item:
``Sec. 321. Election infrastructure innovation grant program.''.
Subtitle B--Security Measures
SEC. 3101. 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. 3102. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act of 2002
(6 U.S.C. 121) is amended by adding at the end the following new
paragraph:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official of
the State with respect to which such information pertains.''.
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.
In order to promote the timely sharing of information on threats to
election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official;
(2) sponsor a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official; and
(3) facilitate the issuance of a temporary clearance to the
chief State election official and other appropriate State
personnel involved in the administration of elections, as
designated by the chief State election official, if the
Secretary determines classified information to be timely and
relevant to the election infrastructure of the State at issue.
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the Homeland
Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting
``(including by carrying out a security risk and vulnerability
assessment)'' after ``risk management support''.
(b) Prioritization To Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a
written request from a chief State election official, the
Secretary shall, to the extent practicable, commence a security
risk and vulnerability assessment (pursuant to paragraph (6) of
section 2209(c) of the Homeland Security Act of 2002, as
amended by subsection (a)) on election infrastructure in the
State at issue.
(2) Notification.--If the Secretary, upon receipt of a
request described in paragraph (1), determines that a security
risk and vulnerability assessment referred to in such paragraph
cannot be commenced within 90 days, the Secretary shall
expeditiously notify the chief State election official who
submitted such request.
SEC. 3105. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than 1 year
after the date of the enactment of this Act and annually thereafter
through 2028, the Secretary shall submit to the appropriate
congressional committees--
(1) efforts to carry out section 3103 during the prior
year, including specific information regarding which States
were helped, how many officials have been helped in each State,
how many security clearances have been sponsored in each State,
and how many temporary clearances have been issued in each
State; and
(2) efforts to carry out section 3104 during the prior
year, including specific information regarding which States
were helped, the dates on which the Secretary received a
request for a security risk and vulnerability assessment
referred to in such section, the dates on which the Secretary
commenced each such request, and the dates on which the
Secretary transmitted a notification in accordance with
subsection (b)(2) of such section.
(b) Reports on Foreign Threats.--Not later than 90 days after the
end of each fiscal year (beginning with fiscal year 2021), the
Secretary and the Director of National Intelligence, in coordination
with the heads of appropriate offices of the Federal Government, shall
submit to the appropriate congressional committees a joint report on
foreign threats, including physical and cybersecurity threats, to
elections in the United States.
(c) Information From States.--For purposes of preparing the reports
required under this section, the Secretary shall solicit and consider
information and comments from States and election agencies, except that
the provision of such information and comments by a State or election
agency shall be voluntary and at the discretion of the State or
election agency.
SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS.
(a) Submission of Assessment by DNI.--Not later than 180 days
before the date of each regularly scheduled general election for
Federal office, the Director of National Intelligence shall submit an
assessment of the full scope of threats, including cybersecurity
threats posed by state actors and terrorist groups, to election
infrastructure and recommendations to address or mitigate such threats,
as developed by the Secretary and Chairman, to--
(1) the chief State election official of each State;
(2) the appropriate congressional committees; and
(3) any other relevant congressional committees.
(b) Updates to Initial Assessments.--If, at any time after
submitting an assessment with respect to an election under subsection
(a), the Director of National Intelligence determines that the
assessment should be updated to reflect new information regarding the
threats involved, the Director shall submit a revised assessment under
such subsection.
(c) Definitions.--In this section:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) 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.
(3) 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.
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
(5) 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).
(d) Effective Date.--This subtitle 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.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the President, acting through the Secretary, in
consultation with the Chairman, the Secretary of Defense, the Secretary
of State, the Attorney General, the Secretary of Education, the
Director of National Intelligence, the Chairman of the Federal Election
Commission, and the heads of any other appropriate Federal agencies,
shall issue a national strategy to protect against cyber attacks,
influence operations, disinformation campaigns, and other activities
that could undermine the security and integrity of United States
democratic institutions.
(b) Considerations.--The national strategy required under
subsection (a) shall include consideration of the following:
(1) The threat of a foreign state actor, foreign terrorist
organization (as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic
actor carrying out a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(2) The extent to which United States democratic
institutions are vulnerable to a cyber attack, influence
operation, disinformation campaign, or other activity aimed at
undermining the security and integrity of such democratic
institutions.
(3) Potential consequences, such as an erosion of public
trust or an undermining of the rule of law, that could result
from a successful cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(4) Lessons learned from other governments the institutions
of which were subject to a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of such institutions, as well as
actions that could be taken by the United States Government to
bolster collaboration with foreign partners to detect, deter,
prevent, and counter such activities.
(5) Potential impacts, such as an erosion of public trust
in democratic institutions, as could be associated with a
successful cyber breach or other activity negatively affecting
election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials and
representatives of multi-state information sharing and analysis
centers.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect United
States Democratic Institutions, authorized pursuant to section
3202.
(c) Implementation Plan.--Not later than 90 days after the issuance
of the national strategy required under subsection (a), the President,
acting through the Secretary, in coordination with the Chairman, shall
issue an implementation plan for Federal efforts to implement such
strategy that includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to
in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under
subsection (a) shall be in unclassified form.
(e) Civil Rights Review.--Not later than 60 days after the issuance
of the national strategy required under subsection (a), and not later
than 60 days after the issuance of the implementation plan required
under subsection (c), the Privacy and Civil Liberties Oversight Board
(established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to
Congress a report on any potential privacy and civil liberties impacts
of such strategy and implementation plan, respectively.
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) Establishment.--There is established within the legislative
branch the National Commission to Protect United States Democratic
Institutions (in this section referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to counter efforts
to undermine democratic institutions within the United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10
members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) Two members shall be appointed by the majority
leader of the Senate, in consultation with the Chairman
of the Committee on Homeland Security and Governmental
Affairs, the Chairman of the Committee on the
Judiciary, and the Chairman of the Committee on Rules
and Administration.
(D) Two members shall be appointed by the minority
leader of the Senate, in consultation with the ranking
minority member of the Committee on Homeland Security
and Governmental Affairs, the ranking minority member
of the Committee on the Judiciary, and the ranking
minority member of the Committee on Rules and
Administration.
(E) Two members shall be appointed by the Speaker
of the House of Representatives, in consultation with
the Chairman of the Committee on Homeland Security, the
Chairman of the Committee on House Administration, and
the Chairman of the Committee on the Judiciary.
(F) Two members shall be appointed by the minority
leader of the House of Representatives, in consultation
with the ranking minority member of the Committee on
Homeland Security, the ranking minority member of the
Committee on the Judiciary, and the ranking minority
member of the Committee on House Administration.
(2) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including
cybersecurity, national security, and the Constitution of the
United States.
(3) No compensation for service.--Members may not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days after the
date of the enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the
date on which all members have been appointed or, if such
meeting cannot be mutually agreed upon, on a date designated by
the Speaker of the House of Representatives and the President
pro Tempore of the Senate. Each subsequent meeting shall occur
upon the call of the Chair or a majority of its members. A
majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any
member of the Commission may, if authorized by the Commission,
take any action that the Commission is authorized to take under
this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the
authority of the Commission, any subcommittee or member
thereof) may, for the purpose of carrying out this section,
hold hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission considers advisable to carry out its
duties.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), the Department of
Homeland Security, the Election Assistance Commission, and
other appropriate departments and agencies of the United States
shall provide to the Commission such services, funds,
facilities, and staff as they may determine advisable and as
may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and
agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and
staff with appropriate security clearances to the extent
possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees,
and entering into contracts for the provision of services for
the Commission, the Commission shall give preference to
individuals who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission
of the final report under paragraph (2), the Commission may
submit interim reports to the President and Congress containing
such findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States as
have been agreed to by a majority of the members of the
Commission.
(2) Final report.--Not later than 18 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report containing
such findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States as
have been agreed to by a majority of the members of the
Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period referred to in paragraph (1), the Commission
may carry out such administrative activities as may be required
to conclude its work, including providing testimony to
committees of Congress concerning the final report and
disseminating the final report.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH
ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the
end the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the
date of each regularly scheduled general election for
Federal office, the Commission shall provide for the
testing by accredited laboratories under this section
of the voting system hardware and software which was
certified for use in the most recent such election, on
the basis of the most recent voting system guidelines
applicable to such hardware or software (including
election cybersecurity guidelines) issued under this
Act.
``(B) Decertification of hardware or software
failing to meet guidelines.--If, on the basis of the
testing described in subparagraph (A), the Commission
determines that any voting system hardware or software
does not meet the most recent guidelines applicable to
such hardware or software issued under this Act, the
Commission shall decertify such hardware or
software.''.
(2) Effective date.--The amendment made by paragraph (1)
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) Issuance of Cybersecurity Guidelines by Technical Guidelines
Development Committee.--Section 221(b) of the Help America Vote Act of
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following
new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of this paragraph, the
Development Committee shall issue election cybersecurity
guidelines, including standards and best practices for
procuring, maintaining, testing, operating, and updating
election systems to prevent and deter cybersecurity
incidents.''.
(c) Blockchain Technology Study and Report.--
(1) In general.--The Election Assistance Commission shall
conduct a study with respect to the use of blockchain
technology to enhance voter security in an election for Federal
office.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Commission shall submit to Congress
a report on the study conducted under paragraph (1).
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING
SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is
amended--
(1) by redesignating subsections (d) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, 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--
``(1) 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
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as redesignated by subsection (b), is amended by striking
the period at the end and inserting the following: ``, or, with respect
to any requirements relating to electronic poll books, on and after
January 1, 2022.''.
SEC. 3303. 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.
``(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. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922)
is amended--
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35
of title 44, United States Code, shall not apply to the collection of
information for purposes of maintaining the clearinghouse described in
paragraph (1) of subsection (a).''.
SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE FROM LIMITATIONS ON
AMOUNT OF COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Exemption.--Section 315(d)(5) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(5)) is amended--
(1) by striking ``(5)'' and inserting ``(5)(A)'';
(2) by striking the period at the end and inserting ``, or
to expenditures (whether provided as funds or provided as in-
kind services) for secure information communications technology
or for a cybersecurity product or service or for any other
product or service which assists in responding to threats or
harassment online.''; and
(3) by adding at the end the following new subparagraph:
``(B) In subparagraph (A)--
``(i) the term `secure information communications
technology' means a commercial-off-the-shelf computing device
which has been configured to restrict unauthorized access and
uses publicly-available baseline configurations; and
``(ii) the term `cybersecurity product or service' means a
product or service which helps an organization to achieve the
set of standards, guidelines, best practices, methodologies,
procedures, and processes to cost-effectively identify, detect,
protect, respond to, and recover from cyber risks as developed
by the National Institute of Standards and Technology pursuant
to subsections (c)(15) and (e) of section 2 of the National
Institute of Standards and Technology Act (15 U.S.C. 272).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to expenditures made on or after the date of the
enactment of this Act.
Subtitle E--Preventing Election Hacking
SEC. 3401. SHORT TITLE.
This subtitle may be cited as the ``Prevent Election Hacking Act of
2021''.
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program to be
known as the ``Election Security Bug Bounty Program'' (in this subtitle
referred to as the ``Program'') to improve the cybersecurity of the
systems used to administer elections for Federal office by facilitating
and encouraging assessments by independent technical experts, in
cooperation with State and local election officials and election
service providers, to identify and report election cybersecurity
vulnerabilities.
(b) Voluntary Participation by Election Officials and Election
Service Providers.--
(1) No requirement to participate in program.--
Participation in the Program shall be entirely voluntary for
State and local election officials and election service
providers.
(2) Encouraging participation and input from election
officials.--In developing the Program, the Secretary shall
solicit input from, and encourage participation by, State and
local election officials.
(c) Activities Funded.--In establishing and carrying out the
Program, the Secretary shall--
(1) establish a process for State and local election
officials and election service providers to voluntarily
participate in the Program;
(2) designate appropriate information systems to be
included in the Program;
(3) provide compensation to eligible individuals,
organizations, and companies for reports of previously
unidentified security vulnerabilities within the information
systems designated under paragraph (2) and establish criteria
for individuals, organizations, and companies to be considered
eligible for such compensation in compliance with Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, and companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States Code,
and similar provisions of law, and from liability under civil
actions for specific activities authorized under the Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons that
may be applied from such programs;
(6) develop an expeditious process by which an individual,
organization, or company can register with the Department,
submit to a background check as determined by the Department,
and receive a determination regarding eligibility for
participation in the Program; and
(7) engage qualified interested persons, including
representatives of private entities, about the structure of the
Program and, to the extent practicable, establish a recurring
competition for independent technical experts to assess
election systems for the purpose of identifying and reporting
election cybersecurity vulnerabilities.
(d) Use of Service Providers.--The Secretary may award competitive
contracts as necessary to manage the Program.
(e) Definitions.--In this section:
(1) The term ``Department'' means the Department of
Homeland Security.
(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 ``election cybersecurity vulnerability'' means
any security vulnerability that affects an election system.
(4) The term ``election infrastructure'' has the meaning
given such term in paragraph (6) of section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101), as added by section 3021
of this title.
(5) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(6) The term ``election system'' means any information
system which is part of an election infrastructure.
(7) The term ``information system'' has the meaning given
such term in section 3502 of title 44, United States Code.
(8) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the
Director of Cybersecurity and Infrastructure Security of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, or a Senate-confirmed official
who reports to the Director.
(9) The term ``security vulnerability'' has the meaning
given such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501).
(10) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of Northern Mariana
Islands, and the United States Virgin Islands.
(11) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002 (52
U.S.C. 21081(b)).
Subtitle F--Election Security Grants Advisory Committee
SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end
the following:
``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an advisory
committee (hereinafter in this part referred to as the `Committee') to
assist the Commission with respect to the award of grants to States
under this Act for the purpose of election security.
``(b) Duties.--
``(1) In general.--The Committee shall, with respect to an
application for a grant received by the Commission--
``(A) review such application; and
``(B) recommend to the Commission whether to award
the grant to the applicant.
``(2) Considerations.--In reviewing an application pursuant
to paragraph (1)(A), the Committee shall consider--
``(A) the record of the applicant with respect to--
``(i) compliance of the applicant with the
requirements under subtitle A of title III; and
``(ii) adoption of voluntary guidelines
issued by the Commission under subtitle B of
title III; and
``(B) the goals and requirements of election
security as described in title III of the For the
People Act.
``(c) Membership.--The Committee shall be composed of 15
individuals appointed by the Executive Director of the Commission with
experience and expertise in election security.
``(d) No Compensation for Service.--Members of the Committee shall
not receive any compensation for their service, but shall be paid
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Committee.''.
(b) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
Subtitle G--Miscellaneous Provisions
SEC. 3601. DEFINITIONS.
Except as provided in section 3402, in this title, the following
definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Rules and Administration
of the Senate.
(3) 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.
(4) The term ``Commission'' means the Election Assistance
Commission.
(5) The term ``democratic institutions'' means the diverse
range of institutions that are essential to ensuring an
independent judiciary, free and fair elections, and rule of
law.
(6) 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.
(7) 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.
(8) The term ``Secretary'' means the Secretary of Homeland
Security.
(9) 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).
SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR
IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the Chairman
and the Secretary shall submit a report to the appropriate committees
of Congress, including the Committees on Homeland Security and House
Administration of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, analyzing the
adequacy of the funding, resources, and personnel available to carry
out this title and the amendments made by this title.
Subtitle H--Use of Voting Machines Manufactured in the United States
SEC. 3701. 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 1504, section 1505,
and section 1507, is further amended by adding at the end the following
new paragraph:
``(10) Voting machine 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 used in such election and in any
subsequent election for Federal office is manufactured 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
1508, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(10) and paragraph (2)''.
Subtitle I--Study and Report on Bots
SEC. 3801. SHORT TITLE.
This subtitle may be cited as the ``Bots Research Act''.
SEC. 3802. TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Election Assistance Commission, in
consultation with the Cybersecurity and Infrastructure Security Agency,
shall establish a task force to carry out the study and report required
under section 3803.
(b) Number and Appointment.--The task force shall be comprised of
the following:
(1) At least 1 expert representing the Government.
(2) At least 1 expert representing academia.
(3) At least 1 expert representing non-profit
organizations.
(4) At least 1 expert representing the social media
industry.
(5) At least 1 election official.
(6) Any other expert that the Commission determines
appropriate.
(c) Qualifications.--The Commission shall select task force members
to serve by virtue of their expertise in automation technology.
(d) Deadline for Appointment.--Not later than 90 days after the
date of enactment of this Act, the Commission shall appoint the members
of the task force.
(e) Compensation.--Members of the task force shall serve without
pay and shall not receive travel expenses.
(f) Task Force Support.--The Commission shall ensure appropriate
staff and officials of the Commission are available to support any task
force-related work.
SEC. 3803. STUDY AND REPORT.
(a) Study.--The task force established in this subtitle shall
conduct a study of the impact of automated accounts on social media,
public discourse, and elections. Such study shall include an assessment
of--
(1) what qualifies as a bot or automated account;
(2) the extent to which automated accounts are used;
(3) how the automated accounts are used; and
(4) how to most effectively combat any use of automated
accounts that negatively effects social media, public
discourse, and elections while continuing to promote the
protection of the First Amendment on the internet.
(b) Task Force Considerations.--In carrying out the requirements of
this section, the task force shall consider, at a minimum--
(1) the promotion of technological innovation;
(2) the protection of First Amendment and other
constitutional rights of social media users;
(3) the need to improve cybersecurity to ensure the
integrity of elections; and
(4) the importance of continuously reviewing relevant
regulations to ensure that such regulations respond effectively
to changes in technology.
(c) Report.--Not later than 1 year after the establishment of the
task force, the task force shall develop and submit to Congress and
relevant Federal agencies the results and conclusions of the study
conducted under subsection (a).
Subtitle J--Severability
SEC. 3901. 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 B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Establishing Duty To Report Foreign Election Interference
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Sec. 4002. Federal campaign reporting of foreign contacts.
Sec. 4003. Federal campaign foreign contact reporting compliance
system.
Sec. 4004. Criminal penalties.
Sec. 4005. Report to congressional intelligence committees.
Sec. 4006. Rule of construction.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 4101. Clarification of prohibition on participation by foreign
nationals in election-related activities.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 4103. Audit and report on illicit foreign money in Federal
elections.
Sec. 4104. Prohibition on contributions and donations by foreign
nationals in connections with ballot
initiatives and referenda.
Sec. 4105. Disbursements and activities subject to foreign money ban.
Sec. 4106. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Part 4--Disclosure of Contributions to Political Committees Immediately
Prior to Election
Sec. 4131. Disclosure of contributions to political committees
immediately prior to election.
Subtitle C--Strengthening Oversight of Online Political Advertising
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 4210. Independent study on media literacy and online political
content consumption.
Sec. 4211. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand by every ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on internet communications.
Sec. 4305. Effective date.
Subtitle E--Deterring Foreign Interference in Elections
Part 1--Deterrence Under Federal Election Campaign Act of 1971
Sec. 4401. Restrictions on exchange of campaign information between
candidates and foreign powers.
Sec. 4402. Clarification of standard for determining existence of
coordination between campaigns and outside
interests.
Sec. 4403. Prohibition on provision of substantial assistance relating
to contribution or donation by foreign
nationals.
Sec. 4404. Clarification of application of foreign money ban.
Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals
Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.
Part 3--Prohibiting Use of Deepfakes in Election Campaigns
Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.
Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists
Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.
Subtitle F--Secret Money Transparency
Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political
activity of certain nonprofit
organizations.
Sec. 4502. Repeal of regulations.
Subtitle G--Shareholder Right-to-Know
Sec. 4601. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders
of corporations have knowledge of
corporation political activity.
Sec. 4602. Assessment of shareholder preferences for disbursements for
political purposes.
Sec. 4603. Governance and operations of corporate PACs.
Subtitle H--Disclosure of Political Spending by Government Contractors
Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government
contractors.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle J--Miscellaneous Provisions
Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.
Subtitle A--Establishing Duty To Report Foreign Election Interference
SEC. 4001. 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 anti-corruption laws and regulations.
SEC. 4002. 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) coordination or
collaboration with, an offer or
provision of information or services to
or from, or persistent and repeated
contact with, 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 amendment 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. 4003. 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. 4004. 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. 4005. 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 4002(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.
(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. 4006. 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 B--DISCLOSE Act
SEC. 4100. 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''.
PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN
NATIONALS IN ELECTION-RELATED ACTIVITIES.
(a) Clarification of Prohibition.--Section 319(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a foreign national to direct, dictate, control, or
directly or indirectly participate in the decision making
process of any person (including a corporation, labor
organization, political committee, or political organization)
with regard to such person's Federal or non-Federal election-
related activity, including any decision concerning the making
of contributions, donations, expenditures, or disbursements in
connection with an election for any Federal, State, or local
office or any decision concerning the administration of a
political committee.''.
(b) Certification of Compliance.--Section 319 of such Act (52
U.S.C. 30121) is amended by adding at the end the following new
subsection:
``(c) Certification of Compliance Required Prior To Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation, labor organization (as defined in section 316(b)), limited
liability corporation, or partnership during a year, the chief
executive officer of the corporation, labor organization, limited
liability corporation, or partnership (or, if the corporation, labor
organization, limited liability corporation, or partnership does not
have a chief executive officer, the highest ranking official of the
corporation, labor organization, limited liability corporation, or
partnership), shall file a certification with the Commission, under
penalty of perjury, that a foreign national did not direct, dictate,
control, or directly or indirectly participate in the decision making
process relating to such activity in violation of subsection (a)(3),
unless the chief executive officer has previously filed such a
certification during that calendar year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act, and shall take effect without regard
to whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs and Other Persons.--
Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and
inserting the following: ``, including any disbursement to a political
committee which accepts donations or contributions that do not comply
with any of the limitations, prohibitions, and reporting requirements
of this Act (or any disbursement to or on behalf of any account of a
political committee which is established for the purpose of accepting
such donations or contributions), or to any other person for the
purpose of funding an expenditure, independent expenditure, or
electioneering communication (as defined in section 304(f)(3));''.
(b) Conditions Under Which Corporate PACs May Make Contributions
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may
not make a contribution or expenditure during a year unless the fund
has certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decisionmaking authority for the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''.
SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL
ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.), as amended by section 1821, is further
amended by inserting after section 319A the following new section:
``SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.
``(a) Audit.--
``(1) In general.--The Commission shall conduct an audit
after each Federal election cycle to determine the incidence of
illicit foreign money in such Federal election cycle.
``(2) Procedures.--In carrying out paragraph (1), the
Commission shall conduct random audits of any disbursements
required to be reported under this Act, in accordance with
procedures established by the Commission.
``(b) Report.--Not later than 180 days after the end of each
Federal election cycle, the Commission shall submit to Congress a
report containing--
``(1) results of the audit required by subsection (a)(1);
``(2) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on depressing turnout among rural communities
and the success or failure of these efforts, together with
recommendations to address these efforts in future elections;
``(3) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on depressing turnout among African-American
and other minority communities and the success or failure of
these efforts, together with recommendations to address these
efforts in future elections;
``(4) an analysis of the extent to which illicit foreign
money was used to carry out disinformation and propaganda
campaigns focused on influencing military and veteran
communities and the success or failure of these efforts,
together with recommendations to address these efforts in
future elections; and
``(5) recommendations to address the presence of illicit
foreign money in elections, as appropriate.
``(c) Definitions.--As used in this section:
``(1) The term `Federal election cycle' means the period
which begins on the day after the date of a regularly scheduled
general election for Federal office and which ends on the date
of the first regularly scheduled general election for Federal
office held after such date.
``(2) The term `illicit foreign money' means any
disbursement by a foreign national (as defined in section
319(b)) prohibited under such section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the Federal election cycle that began during
November 2020, and each succeeding Federal election cycle.
SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking
``State, or local election'' and inserting the following: ``State, or
local election, including a State or local ballot initiative or
referendum''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2022 or any succeeding year.
SEC. 4105. 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 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 the activity contains
express advocacy or the functional equivalent of
express advocacy); and
``(J) a disbursement for a Federal judicial
nomination communication (as defined in section
324(d)(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. 4106. 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 1071(a) and section 1201(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 1071(b) and section
1201(b), is amended by inserting after the item relating to section 613
the following:
``614. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the first
such disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such 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 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 2022.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office, except that in the case of a campaign-
related disbursement for a Federal judicial nomination
communication, such term means any calendar year in
which the campaign-related disbursement is made.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) Any public communication which 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.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A Federal judicial nomination communication.
``(E) A covered transfer.
``(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.
``(3) Exception.--The term `campaign-related disbursement'
does 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.
``(4) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), (D), or (E) of
paragraph (1) shall be treated as a campaign-related
disbursement regardless of the intent of the person making the
disbursement.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(D) made campaign-related disbursements (other
than a covered transfer) in an aggregate amount of
$50,000 or more during the 2-year period ending on the
date of the transfer or payment, or knew or had reason
to know that the person receiving the transfer or
payment made such disbursements in such an aggregate
amount during that 2-year period; or
``(E) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from any account used to make
campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Nothing in this
section shall be construed to waive or otherwise affect any other
requirement of this Act which relates to the reporting of campaign-
related disbursements.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(b) Coordination With FinCEN.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network of the Department of the Treasury shall
provide the Federal Election Commission with such information
as necessary to assist in administering and enforcing section
324 of the Federal Election Campaign Act of 1971, as added by
this section.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the Financial
Crimes Enforcement Network of the Department of the Treasury,
shall submit to Congress a report with recommendations for
providing further legislative authority to assist in the
administration and enforcement of such section 324.
SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended by
striking the semicolon at the end and inserting the following: ``, and
any disbursement, other than an 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. 4113. 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. 4121. 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. 4122. 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.--Notwithstanding section 373(f), if any action is
brought for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality or lawfulness of any
provision of this Act or of chapter 95 or 96 of the Internal Revenue
Code of 1986, or is brought to with respect to any action of the
Commission under chapter 95 or 96 of the Internal Revenue Code of 1986,
the following rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal from
the decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, 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 of chapter 95 or 96 of
the Internal Revenue Code of 1986, or is brought to with respect to any
action of the Commission under chapter 95 or 96 of the Internal Revenue
Code of 1986, the district court shall transfer the action to the
District Court for the District of Columbia, and the action shall
thereafter be conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action described
in subsection (a) relating to declaratory or injunctive relief to
challenge the constitutionality of a provision, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(d) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality of any provision of this
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply to actions brought on or after January 1, 2021.
PART 4--DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY
PRIOR TO ELECTION
SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES
IMMEDIATELY PRIOR TO ELECTION.
(a) Disclosure.--Section 304(a)(6) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(a)(6)) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) A political committee, including a super PAC, shall notify
the Commission of any contribution or donation of more than $5,000
received by the committee during the period beginning on the 20th day
before any election in connection with which the committee makes a
contribution or expenditure and ending 48 hours before such an
election.
``(ii) The committee shall make the notification under clause (i)
not later than 48 hours after the receipt of the contribution or
donation involved, and shall include the name of the committee, the
name of the person making the contribution or donation, and the date
and amount of the contribution or donation.
``(iii) For purposes of this subparagraph, a pledge, promise,
understanding, or agreement to make a contribution or expenditure with
respect to an election shall be treated as the making of a contribution
or expenditure with respect to the election.
``(iv) This subparagraph does not apply to an authorized committee
of a candidate or any committee of a political party.
``(v) In this subparagraph, the term `super PAC' means a political
committee which accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting requirements of this
Act, and includes an account of such a committee which is established
for the purpose of accepting such donations or contributions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring during 2022 or any succeeding
year.
Subtitle C--Strengthening Oversight of Online Political Advertising
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 4202. 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. 4203. FINDINGS.
Congress makes the following findings:
(1) 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''.
(2) 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.''.
(3) 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.
(4) 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 * * *''.
(5) In 2002, the Bipartisan Campaign Reform Act 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.''.
(6) 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.
(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 Americans 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) In its 2006 rulemaking, the Federal Election
Commission noted that only 18 percent of all Americans cited
the internet as their leading source of news about the 2004
Presidential election; by contrast, the Pew Research Center
found that 65 percent of Americans identified an internet-based
source as their leading source of information for the 2016
election.
(11) The Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process by providing transparency and
administering campaign finance laws, has failed to take action
to address online political advertisements.
(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) 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. 4204. 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 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. 4205. 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''.
SEC. 4206. 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.
SEC. 4207. 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).
(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''.
SEC. 4208. 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 4002, 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.--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.
``(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, the number of views by unique
individuals generated by the advertisement, the number
of times the advertisement was shared, and the date and
time that the advertisement is first displayed and last
displayed; and
``(C) information regarding--
``(i) the average rate charged for 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,
and, if the person purchasing the advertisement
is acting as the agent of a foreign principal
under the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.), a
statement that the person is acting as the
agent of a foreign principal and the
identification of the foreign principal
involved.
``(3) Online platform.--For purposes of this subsection,
the term `online platform' means any public-facing website, web
application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United
States visitors or users for a majority of months
during the preceding 12 months.
``(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) Safe harbor for platforms making best efforts to
identify requests which are subject to record maintenance
requirements.--In accordance with rules established by the
Commission, if an online platform shows that the platform used
best efforts to determine whether or not a request to purchase
a qualified political advertisement was subject to the
requirements of this subsection, the online platform shall not
be considered to be in violation of such requirements.
``(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) 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;
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date; and
(3) establishing the criteria for the safe harbor exception
provided under paragraph (6) of section 304(k) of such Act (as
added by subsection (a)).
(c) 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. 4209. 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), as amended by section 4101(b), is further amended by adding at
the end the following new subsection:
``(d) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) Responsibilities described.--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. For purposes of the previous sentence, a station,
provider, or online platform shall not be considered to have
made reasonable efforts under this paragraph in the case of the
availability of a communication unless the station, provider,
or online platform directly inquires from the individual or
entity making such purchase whether the purchase is to be made
by a foreign national, directly or indirectly.
``(2) Special rules for disbursement paid with credit
card.--For purposes of paragraph (1), a television or radio
broadcast station, provider of cable or satellite television,
or online platform shall be considered to have made reasonable
efforts under such paragraph in the case of a purchase of the
availability of a communication which is made with a credit
card if--
``(A) the individual or entity making such purchase
is required, at the time of making such purchase, to
disclose the credit verification value of such credit
card; and
``(B) the billing address associated with such
credit card is located in the United States or, in the
case of a purchase made by an individual who is a
United States citizen living outside of the United
States, the individual provides the television or radio
broadcast station, provider of cable or satellite
television, or online platform with the United States
mailing address the individual uses for voter
registration purposes.''.
SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL
CONTENT CONSUMPTION.
(a) Independent Study.--Not later than 30 days after the date of
enactment of this Act, the Federal Election Commission shall commission
an independent study and report on media literacy with respect to
online political content consumption among voting-age Americans.
(b) Elements.--The study and report under subsection (a) shall
include the following:
(1) An evaluation of media literacy skills, such as the
ability to evaluate sources, synthesize multiple accounts into
a coherent understanding of an issue, understand the context of
communications, and responsibly create and share information,
among voting-age Americans.
(2) An analysis of the effects of media literacy education
and particular media literacy skills on the ability to
critically consume online political content, including
political advertising.
(3) Recommendations for improving voting-age Americans'
ability to critically consume online political content,
including political advertising.
(c) Deadline.--Not later than 270 days after the date of enactment
of this Act, the entity conducting the study and report under
subsection (a) shall submit the report to the Commission.
(d) Submission to Congress.--Not later than 30 days after receiving
the report under subsection (c), the Commission shall submit the report
to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration of the
Senate, together with such comments on the report as the Commission
considers appropriate.
(e) Definition of Media Literacy.--The term ``media literacy''
means the ability to--
(1) access relevant and accurate information through media;
(2) critically analyze media content and the influences of
media;
(3) evaluate the comprehensiveness, relevance, credibility,
authority, and accuracy of information;
(4) make educated decisions based on information obtained
from media and digital sources;
(5) operate various forms of technology and digital tools;
and
(6) reflect on how the use of media and technology may
affect private and public life.
SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) Requirement.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 4002 and section
4208(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.
Subtitle D--Stand By Every Ad
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Stand By Every Ad Act''.
SEC. 4302. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120), as amended by section 4207(b)(1), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Expanded Disclaimer Requirements for Communications Not
Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including an
Internet or digital communication), or which is an Internet or
digital communication transmitted in a text or graphic format,
shall include, in addition to the requirements of paragraph (3)
of subsection (a), the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted in a
video format, or is an Internet or digital
communication which is transmitted in a text or graphic
format, and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Five Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Five Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Five Funders list, the name of a website
which contains the Top Five Funders list (if
applicable) or, in the case of an Internet or
digital communication, a hyperlink to such
website.
``(C) If the communication is transmitted in an
audio format and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Two Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Two Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Two Funders list, the name of a website
which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in
with the title of the applicable individual;
and
``(iii) the third and fourth blank each to
be filled in with the name of the organization
or other person paying for the communication.
``(3) Method of conveyance of statement.--
``(A) Communications in text or graphic format.--In
the case of a communication to which this subsection
applies which is transmitted in a text or graphic
format, the disclosure statements required under
paragraph (1) shall appear in letters at least as large
as the majority of the text in the communication.
``(B) Communications transmitted in audio format.--
In the case of a communication to which this subsection
applies which is transmitted in an audio format, the
disclosure statements required under paragraph (1)
shall be made by audio by the applicable individual in
a clear and conspicuous manner.
``(C) Communications transmitted in video format.--
In the case of a communication to which this subsection
applies which is transmitted in a video format, the
information required under paragraph (1)--
``(i) shall appear in writing at the end of
the communication or in a crawl along the
bottom of the communication in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 6
seconds; and
``(ii) shall also be conveyed by an
unobscured, full-screen view of the applicable
individual or by the applicable individual
making the statement in voice-over accompanied
by a clearly identifiable photograph or similar
image of the individual, except in the case of
a Top Five Funders list.
``(4) Applicable individual defined.--The term `applicable
individual' means, with respect to a communication to which
this subsection applies--
``(A) if the communication is paid for by an
individual, the individual involved;
``(B) if the communication is paid for by a
corporation, the chief executive officer of the
corporation (or, if the corporation does not have a
chief executive officer, the highest ranking official
of the corporation);
``(C) if the communication is paid for by a labor
organization, the highest ranking officer of the labor
organization; and
``(D) if the communication is paid for by any other
person, the highest ranking official of such person.
``(5) Top five funders list and top two funders list
defined.--
``(A) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the five persons who, during the 12-month
period ending on the date of the disbursement, provided
the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 to the person who is
paying for the communication and the amount of the
payments each such person provided. If two or more
people provided the fifth largest of such payments, the
person paying for the communication shall select one of
those persons to be included on the Top Five Funders
list.
``(B) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the persons who, during the 12-month period
ending on the date of the disbursement, provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 to
the person who is paying for the communication and the
amount of the payments each such person provided. If
two or more persons provided the second largest of such
payments, the person paying for the communication shall
select one of those persons to be included on the Top
Two Funders list.
``(C) Exclusion of certain payments.--For purposes
of subparagraphs (A) and (B), in determining the amount
of payments made by a person to a person paying for a
communication, there shall be excluded the following:
``(i) Any amounts provided in the ordinary
course of any trade or business conducted by
the person paying for the communication or in
the form of investments in the person paying
for the communication.
``(ii) Any payment which the person
prohibited, in writing, from being used for
campaign-related disbursements, but only if the
person paying for the communication agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(6) Special rules for certain communications.--
``(A) Exception for communications paid for by
political parties and certain political committees.--
This subsection does not apply to any communication to
which subsection (d)(2) applies.
``(B) Treatment of video communications lasting 10
seconds or less.--In the case of a communication to
which this subsection applies which is transmitted in a
video format, or is an Internet or digital
communication which is transmitted in a text or graphic
format, the communication shall meet the following
requirements:
``(i) The communication shall include the
individual disclosure statement described in
paragraph (2)(A) (if the person paying for the
communication is an individual) or the
organizational disclosure statement described
in paragraph (2)(B) (if the person paying for
the communication is not an individual).
``(ii) The statement described in clause
(i) shall appear in writing at the end of the
communication, or in a crawl along the bottom
of the communication, in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 4
seconds.
``(iii) The communication shall include, in
a clear and conspicuous manner, a website
address with a landing page which will provide
all of the information described in paragraph
(1) with respect to the communication. Such
address shall appear for the full duration of
the communication.
``(iv) To the extent that the format in
which the communication is made permits the use
of a hyperlink, the communication shall include
a hyperlink to the website address described in
clause (iii).''.
(b) Application of Expanded Requirements to Public Communications
Consisting of Campaign-Related Disbursements.--
(1) In general.--Section 318(a) of such Act (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of financing
communications expressly advocating the election or defeat of a
clearly identified candidate'' and inserting ``for a campaign-
related disbursement, as defined in section 324, consisting of
a public communication''.
(2) Clarification of exemption from inclusion of candidate
disclaimer statement in federal judicial nomination
communications.--Section 318(a)(3) of such Act (52 U.S.C.
30120(a)(3)) is amended by striking ``shall state'' and
inserting ``shall (except in the case of a Federal judicial
nomination communication, as defined in section 324(d)(2))
state''.
(c) Exception for Communications Paid for by Political Parties and
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C.
30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A)
Any communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a communication
paid for in whole or in part during a calendar year with a
campaign-related disbursement, but only if the covered
organization making the campaign-related disbursement made
campaign-related disbursements (as defined in section 324)
aggregating more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining the
amount of campaign-related disbursements made by a covered
organization during a year, there shall be excluded the
following:
``(I) Any amounts received by the covered
organization in the ordinary course of any trade or
business conducted by the covered organization or in
the form of investments in the covered organization.
``(II) Any amounts received by the covered
organization from a person who prohibited, in writing,
the organization from using such amounts for campaign-
related disbursements, but only if the covered
organization agreed to follow the prohibition and
deposited the amounts in an account which is segregated
from any account used to make campaign-related
disbursements.''.
SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH
PRERECORDED TELEPHONE CALLS.
(a) Application of Requirements.--
(1) In general.--Section 318(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by
section 4205(c), is amended by striking ``public
communication'' each place it appears and inserting the
following: ``public communication (including a telephone call
consisting in substantial part of a prerecorded audio
message)''.
(2) Application to communications subject to expanded
disclaimer requirements.--Section 318(e)(1) of such Act (52
U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in
the matter preceding subparagraph (A) by striking ``which is
transmitted in an audio or video format'' and inserting ``which
is transmitted in an audio or video format or which consists of
a telephone call consisting in substantial part of a
prerecorded audio message''.
(b) Treatment as Communication Transmitted in Audio Format.--
(1) Communications by candidates or authorized persons.--
Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by
adding at the end the following new paragraph:
``(3) Prerecorded telephone calls.--Any communication
described in paragraph (1), (2), or (3) of subsection (a)
(other than a communication which is subject to subsection (e))
which is a telephone call consisting in substantial part of a
prerecorded audio message shall include, in addition to the
requirements of such paragraph, the audio statement required
under subparagraph (A) of paragraph (1) or the audio statement
required under paragraph (2) (whichever is applicable), except
that the statement shall be made at the beginning of the
telephone call.''.
(2) Communications subject to expanded disclaimer
requirements.--Section 318(e)(3) of such Act (52 U.S.C.
30120(e)(3)), as added by section 4302(a), is amended by adding
at the end the following new subparagraph:
``(D) Prerecorded telephone calls.--In the case of
a communication to which this subsection applies which
is a telephone call consisting in substantial part of a
prerecorded audio message, the communication shall be
considered to be transmitted in an audio format.''.
SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS
ON INTERNET COMMUNICATIONS.
Nothing in this subtitle or the amendments made by this subtitle
may be construed to require any person who is not required under
section 318 of the Federal Election Campaign Act of 1971 to include a
disclaimer on communications made by the person through the internet to
include any disclaimer on any such communications.
SEC. 4305. EFFECTIVE DATE.
The amendments made by this subtitle 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.
Subtitle E--Deterring Foreign Interference in Elections
PART 1--DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971
SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN
CANDIDATES AND FOREIGN POWERS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 4101(b) and section 4209, is further
amended by adding at the end the following new subsection:
``(e) Restrictions on Exchange of Information Between Candidates
and Foreign Powers.--
``(1) Treatment of offer to share nonpublic campaign
material as solicitation of contribution from foreign
national.--If a candidate or an individual affiliated with the
campaign of a candidate, or if a political committee or an
individual affiliated with a political committee, provides or
offers to provide nonpublic campaign material to a covered
foreign national or to another person whom the candidate,
committee, or individual knows or has reason to know will
provide the material to a covered foreign national, the
candidate, committee, or individual (as the case may be) shall
be considered for purposes of this section to have solicited a
contribution or donation described in subsection (a)(1)(A) from
a foreign national.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) The term `candidate' means an individual who
seeks nomination for, or election to, any Federal,
State, or local public office.
``(B) The term `covered foreign national' has the
meaning given such term in section 304(j)(3)(C).
``(C) The term `individual affiliated with a
campaign' means, with respect to a candidate, an
employee of any organization legally authorized under
Federal, State, or local law to support the candidate's
campaign for nomination for, or election to, any
Federal, State, or local public office, as well as any
independent contractor of such an organization and any
individual who performs services on behalf of the
organization, whether paid or unpaid.
``(D) The term `individual affiliated with a
political committee' means, with respect to a political
committee, an employee of the committee as well as any
independent contractor of the committee and any
individual who performs services on behalf of the
committee, whether paid or unpaid.
``(E) The term `nonpublic campaign material' means,
with respect to a candidate or a political committee,
campaign material that is produced by the candidate or
the committee or produced at the candidate or
committee's expense or request which is not distributed
or made available to the general public or otherwise in
the public domain, including polling and focus group
data and opposition research, except that such term
does not include material produced for purposes of
consultations relating solely to the candidate's or
committee's position on a legislative or policy
matter.''.
SEC. 4402. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF
COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE INTERESTS.
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) For purposes of paragraph (7), an expenditure or
disbursement may be considered to have been made in cooperation,
consultation, or concert with, or coordinated with, a person without
regard to whether or not the cooperation, consultation, or coordination
is carried out pursuant to agreement or formal collaboration.''.
SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING
TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 4101(a), section 4101(b), section 4209,
and section 4401, is further amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; or''; and
(C) by adding at the end the following:
``(4) a person to knowingly provide substantial assistance
to another person in carrying out an activity described in
paragraph (1), (2), or (3).''; and
(2) by adding at the end the following new subsections:
``(f) Knowingly Described.--
``(1) In general.--For purposes of subsection (a)(4), the
term `knowingly' means actual knowledge, constructive
knowledge, awareness of pertinent facts that would lead a
reasonable person to conclude there is a substantial
probability, or awareness of pertinent facts that would lead a
reasonable person to conduct a reasonable inquiry to
establish--
``(A) with respect to an activity described in
subsection (a)(1), that the contribution, donation,
expenditure, independent expenditure, or disbursement
is from a foreign national;
``(B) with respect to an activity described in
subsection (a)(2), that the contribution or donation
solicited, accepted, or received is from a foreign
national; and
``(C) with respect to an activity described in
subsection (a)(3), that the person directing,
dictating, controlling, or directly or indirectly
participating in the decisionmaking process is a
foreign national.
``(2) Pertinent facts.--For purposes of paragraph (1),
pertinent facts include, but are not limited to, that the
person making the contribution, donation, expenditure,
independent expenditure, or disbursement, or that the person
from whom the contribution or donation is solicited, accepted,
or received, or that the person directing, dictating,
controlling, or directly or indirectly participating in the
decisionmaking process--
``(A) uses a foreign passport or passport number
for identification purposes;
``(B) provides a foreign address;
``(C) uses a check or other written instrument
drawn on a foreign bank, or by a wire transfer from a
foreign bank, in carrying out the activity; or
``(D) resides abroad.
``(g) Substantial Assistance Defined.--As used in this section, the
term `substantial assistance' means, with respect to an activity
prohibited by paragraph (1), (2), or (3) of subsection (a), involvement
with an intent to facilitate successful completion of the activity.''.
SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.
(a) Clarification of Treatment of Provision of Certain Information
as Contribution or Donation of a Thing of Value.--Section 319 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by
section 4101(a), section 4101(b), section 4209, section 4401, and
section 4403, is amended by adding at the end the following new
subsection:
``(h) Clarification of Treatment of Provision of Certain
Information as Contribution or Donation of a Thing of Value.--For
purposes of this section, a `contribution or donation of money or other
thing of value' includes the provision of opposition research, polling,
or other non-public information relating to a candidate for election
for a Federal, State, or local office for the purpose of influencing
the election, regardless of whether such research, polling, or
information has monetary value, except that nothing in this subsection
shall be construed to treat the mere provision of an opinion about a
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All
Contributions and Donations of Things of Value and to All Solicitations
of Contributions and Donations of Things of Value.--Section 319(a) of
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a
contribution or donation'' and inserting ``promise to make such
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and
inserting ``donation of money or other thing of value, or to
make an express or implied promise to make such a contribution
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or
indirectly) a contribution, donation, or disbursement described
in paragraph (1), or to solicit, accept, or receive (directly
or indirectly) an express or implied promise to make such a
contribution or donation, from a foreign national.''.
PART 2--NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN
NATIONALS
SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN
NATIONALS.
(a) Requiring Disclosure.--If the Federal Election Commission makes
a determination that a foreign national has initiated or has attempted
to initiate a disinformation campaign targeted at an election for
public office held in a State, the Commission shall notify the State
involved of the determination not later than 30 days after making the
determination.
(b) Definitions.--In this section the term ``foreign national'' has
the meaning given such term in section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)).
PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS
SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR
VISUAL MEDIA PRIOR TO ELECTION.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the
following new section:
``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA
PRIOR TO ELECTION.
``(a) In General.--Except as provided in subsections (b) and (c), a
person, political committee, or other entity shall not, within 60 days
of an election for Federal office at which a candidate for elective
office will appear on the ballot, distribute, with actual malice,
materially deceptive audio or visual media of the candidate with the
intent to injure the candidate's reputation or to deceive a voter into
voting for or against the candidate.
``(b) Exception.--
``(1) Required language.--The prohibition in subsection (a)
does not apply if the audio or visual media includes--
``(A) a disclosure stating: ``This _____ has been
manipulated.''; and
``(B) filled in the blank in the disclosure under
subparagraph (A), the term `image', `video', or
`audio', as most accurately describes the media.
``(2) Visual media.--For visual media, the text of the
disclosure shall appear in a size that is easily readable by
the average viewer and no smaller than the largest font size of
other text appearing in the visual media. If the visual media
does not include any other text, the disclosure shall appear in
a size that is easily readable by the average viewer. For
visual media that is video, the disclosure shall appear for the
duration of the video.
``(3) Audio-only media.--If the media consists of audio
only, the disclosure shall be read in a clearly spoken manner
and in a pitch that can be easily heard by the average
listener, at the beginning of the audio, at the end of the
audio, and, if the audio is greater than 2 minutes in length,
interspersed within the audio at intervals of not greater than
2 minutes each.
``(c) Inapplicability to Certain Entities.--This section does not
apply to the following:
``(1) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, that broadcasts materially deceptive audio or visual
media prohibited by this section as part of a bona fide
newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner that
can be easily heard or read by the average listener or viewer,
that there are questions about the authenticity of the
materially deceptive audio or visual media.
``(2) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, when it is paid to broadcast materially deceptive
audio or visual media.
``(3) An internet website, or a regularly published
newspaper, magazine, or other periodical of general
circulation, including an internet or electronic publication,
that routinely carries news and commentary of general interest,
and that publishes materially deceptive audio or visual media
prohibited by this section, if the publication clearly states
that the materially deceptive audio or visual media does not
accurately represent the speech or conduct of the candidate.
``(4) Materially deceptive audio or visual media that
constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--A candidate
for elective office whose voice or likeness appears in a
materially deceptive audio or visual media distributed in
violation of this section may seek injunctive or other
equitable relief prohibiting the distribution of audio or
visual media in violation of this section. An action under this
paragraph shall be entitled to precedence in accordance with
the Federal Rules of Civil Procedure.
``(2) Damages.--A candidate for elective office whose voice
or likeness appears in a materially deceptive audio or visual
media distributed in violation of this section may bring an
action for general or special damages against the person,
committee, or other entity that distributed the materially
deceptive audio or visual media. The court may also award a
prevailing party reasonable attorney's fees and costs. This
paragraph shall not be construed to limit or preclude a
plaintiff from securing or recovering any other available
remedy.
``(3) Burden of proof.--In any civil action alleging a
violation of this section, the plaintiff shall bear the burden
of establishing the violation through clear and convincing
evidence.
``(e) Rule of Construction.--This section shall not be construed to
alter or negate any rights, obligations, or immunities of an
interactive service provider under section 230 of title 47, United
States Code.
``(f) Materially Deceptive Audio or Visual Media Defined.--In this
section, the term `materially deceptive audio or visual media' means an
image or an audio or video recording of a candidate's appearance,
speech, or conduct that has been intentionally manipulated in a manner
such that both of the following conditions are met:
``(1) The image or audio or video recording would falsely
appear to a reasonable person to be authentic.
``(2) The image or audio or video recording would cause a
reasonable person to have a fundamentally different
understanding or impression of the expressive content of the
image or audio or video recording than that person would have
if the person were hearing or seeing the unaltered, original
version of the image or audio or video recording.''.
(b) Criminal Penalties.--Section 309(d)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by section
4004, is further amended by adding at the end the following new
subparagraph:
``(G) Any person who knowingly and willfully
commits a violation of section 325 shall be fined not
more than $100,000, imprisoned not more than 5 years,
or both.''.
(c) Effect on Defamation Action.--For purposes of an action for
defamation, a violation of section 325 of the Federal Election Campaign
Act of 1971, as added by subsection (a), shall constitute defamation
per se.
PART 4--ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA
FOR REGISTERED LOBBYISTS
SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER
FARA FOR REGISTERED LOBBYISTS.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct and submit
to Congress an assessment of the implications of the exemption provided
under the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.) for agents of foreign principals who are also
registered lobbyists under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.), and shall include in the assessment an analysis
of the extent to which revisions in such Acts might mitigate the risk
of foreign government money influencing elections or political
processes in the United States.
Subtitle F--Secret Money Transparency
SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE
SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF
CERTAIN NONPROFIT ORGANIZATIONS.
Section 122 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
SEC. 4502. REPEAL OF REGULATIONS.
The final regulations of the Department of the Treasury relating to
guidance under section 6033 of the Internal Revenue Code of 1986
regarding the reporting requirements of exempt organizations (published
at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect.
Subtitle G--Shareholder Right-to-Know
SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY SECURITIES AND
EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF
CORPORATIONS HAVE KNOWLEDGE OF CORPORATION POLITICAL
ACTIVITY.
Section 631 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
SEC. 4602. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR
POLITICAL PURPOSES.
(a) Assessment Required.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended by inserting after section 10D the
following:
``SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR
POLITICAL PURPOSES.
``(a) Assessment Required Before Making a Disbursement for a
Political Purpose.--
``(1) Requirement.--An issuer with an equity security
listed on a national securities exchange may not make a
disbursement for a political purpose unless--
``(A) the issuer has in place procedures to assess
the preferences of the shareholders of the issuer with
respect to making such disbursements; and
``(B) such an assessment has been made within the
1-year period ending on the date of such disbursement.
``(2) Treatment of issuers whose shareholders are
prohibited from expressing preferences.--Notwithstanding
paragraph (1), an issuer described under such paragraph with
procedures in place to assess the preferences of its
shareholders with respect to making disbursements for political
purposes shall not be subject to the requirements of such
paragraph if a majority of the number of the outstanding equity
securities of the issuer are held by persons who are prohibited
from expressing partisan or political preferences by law,
contract, or the requirement to meet a fiduciary duty.
``(3) No assessment of preferences of foreign nationals.--
Notwithstanding paragraph (1), an issuer described in such
paragraph shall not use the procedures described in such
paragraph to assess the preferences of any shareholder who is a
foreign national, as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121).
``(b) Assessment Requirements.--The assessment described under
subsection (a) shall assess--
``(1) which types of disbursements for a political purpose
the shareholder believes the issuer should make;
``(2) whether the shareholder believes that such
disbursements should be made in support of, or in opposition
to, Republican, Democratic, Independent, or other political
party candidates and political committees;
``(3) whether the shareholder believes that such
disbursements should be made with respect to elections for
Federal, State, or local office; and
``(4) such other information as the Commission may specify,
by rule.
``(c) Disbursement for a Political Purpose Defined.--
``(1) In general.--For purposes of this section, the term
`disbursement for a political purpose' means any of the
following:
``(A) A disbursement for an independent
expenditure, as defined in section 301(17) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30101(17)).
``(B) A disbursement for an electioneering
communication, as defined in section 304(f) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)).
``(C) A disbursement for any public communication,
as defined in section 301(22) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(22))--
``(i) 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; or
``(ii) which refers to a clearly identified
candidate for election for Federal office and
which promotes or supports a candidate for that
office, or attacks or opposes a candidate for
that office, without regard to whether the
communication expressly advocates a vote for or
against a candidate for that office.
``(D) Any other disbursement which is made for the
purpose of influencing the outcome of an election for a
public office.
``(E) Any transfer of funds to another person which
is made with the intent that such person will use the
funds to make a disbursement described in subparagraphs
(A) through (D), or with the knowledge that the person
will use the funds to make such a disbursement.
``(2) Exceptions.--The term `disbursement for a political
purpose' does not include any of the following:
``(A) Any disbursement made from a separate
segregated fund of the corporation under section 316 of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30118).
``(B) Any transfer of funds to another person which
is made in a commercial transaction in the ordinary
course of any trade or business conducted by the
corporation or in the form of investments made by the
corporation.
``(C) Any transfer of funds to another person which
is subject to a written prohibition against the use of
the funds for a disbursement for a political purpose.
``(d) Other Definitions.--In this section, each of the terms
`candidate', `election', `political committee', and `political party'
has the meaning given such term under section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).''.
(b) Conforming Amendment to Federal Election Campaign Act of 1971
To Prohibit Disbursements by Corporations Failing To Assess
Preferences.--Section 316 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30118) is amended by adding at the end the following new
subsection:
``(d) Prohibiting Disbursements by Corporations Failing To Assess
Shareholder Preferences.--
``(1) Prohibition.--It shall be unlawful for a corporation
to make a disbursement for a political purpose unless the
corporation has in place procedures to assess the preferences
of its shareholders with respect to making such disbursements,
as provided in section 10E of the Securities Exchange Act of
1934.
``(2) Definition.--In this section, the term `disbursement
for a political purpose' has the meaning given such term in
section 10E(c) of the Securities Exchange Act of 1934.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after December 31, 2021.
SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS.
(a) Assessment of Governance.--Section 316 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end
the following new subsection:
``(d) Assessment of Governance.--The Commission shall, on an
ongoing basis, collect information on the governance of the separate
segregated funds of corporations under this section, using the most
recent statements of organization provided by such funds under section
303(a), including information on the following:
``(1) The extent to which such funds have by-laws which
govern their operations.
``(2) The extent to which those funds which have by-laws
which govern their operations use a board of directors to
oversee the operation of the fund.
``(3) The characteristics of those individuals who serve on
boards of directors which oversee the operations of such funds,
including the relation of such individuals to the
corporation.''.
(b) Analysis of Donors.--
(1) Analysis.--The Federal Election Commission shall
conduct an analysis of the composition of the base of donors to
separate segregated funds of corporations under section 316 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30118).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall submit to Congress
a report on the analysis conducted under paragraph (1), and
shall initiate the promulgation of a regulation to establish a
new designation and classification of such separate segregated
funds.
Subtitle H--Disclosure of Political Spending by Government Contractors
SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE DISCLOSURE
OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS.
Section 735 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
SEC. 4801. SHORT TITLE.
This subtitle may be cited as the ``Presidential Inaugural
Committee Oversight Act''.
SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as
amended by section 4421, is amended by adding at the end the following
new section:
``SEC. 326. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an
Inaugural Committee to personal use as
described in paragraph (2); and
``(C) for a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the responsibilities of
the Inaugural Committee under chapter 5 of title 36, United
States Code.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall
file with the Commission a report disclosing any
donation by an individual to the committee in an amount
of $1,000 or more not later than 24 hours after the
receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of
value made to the committee in an aggregate amount
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and
all disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an
aggregate amount or value in excess of $200 is
made by the committee to meet a committee
operating expense, together with date, amount,
and purpose of such operating expense;
``(ii) who receives a loan repayment from
the committee, together with the date and
amount of such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan,
advance, or deposit of money or anything of
value made by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the
value of services provided without compensation by any
individual who volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given
that term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.''.
(b) Confirming Amendment Related to Reporting Requirements.--
Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--Section
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee
for purposes of this chapter unless the committee agrees to, and meets,
the requirements of section 326 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to Inaugural Committees established under chapter 5 of
title 36, United States Code, for inaugurations held in 2025 and any
succeeding year.
Subtitle J--Miscellaneous Provisions
SEC. 4901. EFFECTIVE DATES OF PROVISIONS.
Each provision of this title and each amendment made by a provision
of this title shall take effect on the effective date provided under
this title for such provision or such amendment without regard to
whether or not the Federal Election Commission, the Attorney General,
or any other person has promulgated regulations to carry out such
provision or such amendment.
SEC. 4902. 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.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign
expenditure.
Subtitle E--Empowering Small Dollar Donations
Sec. 5401. Permitting political party committees to provide enhanced
support for candidates through use of
separate small dollar accounts.
Subtitle F--Severability
Sec. 5501. Severability.
Subtitle A--Findings Relating to Citizens United Decision
SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION.
Congress finds the following:
(1) The American Republic was founded on the principle that
all people are created equal, with rights and responsibilities
as citizens to vote, be represented, speak, debate, and
participate in self-government on equal terms regardless of
wealth. To secure these rights and responsibilities, our
Constitution not only protects the equal rights of all
Americans but also provides checks and balances to prevent
corruption and prevent concentrated power and wealth from
undermining effective self-government.
(2) The Founders designed the First Amendment to help
prevent tyranny by ensuring that the people have the tools they
need to ensure self-government and to keep their elected
leaders responsive to the public. The Amendment thus guarantees
the right of everyone to speak, to petition the government for
redress, to assemble together, and for a free press. If only
the wealthiest individuals can participate meaningfully in our
democracy, then these First Amendment principles become an
illusion.
(3) Campaign finance laws promote these First Amendment
interests. They increase robust debate from diverse voices,
enhance the responsiveness of elected officeholders, and help
prevent corruption. They do not censor anyone's speech but
simply ensure that no one's speech is drowned out. The Supreme
Court has failed to recognize that these laws are essential,
proactive rules that help guarantee true democratic self-
government.
(4) The Supreme Court's decisions in Citizens United v.
Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon
v. FEC, 572 U.S. 185 (2014), as well as other court decisions,
erroneously invalidated even-handed rules about the spending of
money in local, State, and Federal elections. These rules do
not prevent anyone from speaking their mind, much less pick
winners and losers of political debates. Although the Court has
upheld other content-neutral laws like these, it has failed to
apply to same logic to campaign finance laws. These flawed
decisions have empowered large corporations, extremely wealthy
individuals, and special interests to dominate election
spending, corrupt our politics, and degrade our democracy
through tidal waves of unlimited and anonymous spending. These
decisions also stand in contrast to a long history of efforts
by Congress and the States to regulate money in politics to
protect democracy, and they illustrate a troubling deregulatory
trend in campaign finance-related court decisions.
Additionally, an unknown amount of foreign money continues to
be spent in our political system as subsidiaries of foreign-
based corporations and hostile foreign actors sometimes
connected to nation-states work to influence our elections.
(5) The Supreme Court's misinterpretation of the
Constitution to empower monied interests at the expense of the
American people in elections has seriously eroded over 100
years of congressional action to promote fairness and protect
elections from the toxic influence of money.
(6) In 1907, Congress passed the Tillman Act in response to
the concentration of corporate power in the post-Civil War
Gilded Age. The Act prohibited corporations from making
contributions in connection with Federal elections, aiming
``not merely to prevent the subversion of the integrity of the
electoral process [but] * * * to sustain the active, alert
responsibility of the individual citizen in a democracy for the
wise conduct of government''.
(7) By 1910, Congress began passing disclosure requirements
and campaign expenditure limits, and dozens of States passed
corrupt practices Acts to prohibit corporate spending in
elections. States also enacted campaign spending limits, and
some States limited the amount that people could contribute to
campaigns.
(8) In 1947, the Taft-Hartley Act prohibited corporations
and unions from making campaign contributions or other
expenditures to influence elections. In 1962, a Presidential
commission on election spending recommended spending limits and
incentives to increase small contributions from more people.
(9) The Federal Election Campaign Act of 1971 (FECA), as
amended in 1974, required disclosure of contributions and
expenditures, imposed contribution and expenditure limits for
individuals and groups, set spending limits for campaigns,
candidates, and groups, implemented a public funding system for
Presidential campaigns, and created the Federal Election
Commission to oversee and enforce the new rules.
(10) In the wake of Citizens United and other damaging
Federal court decisions, Americans have witnessed an explosion
of outside spending in elections. Outside spending increased
more than 700 percent between the 2008 and 2020 Presidential
election years. Spending by outside groups nearly doubled again
from 2016 to 2020 with super PACs, tax-exempt groups, and
others spending more than $3,000,000,000. And as political
entities adapt to a post-Citizens United, post-McCutcheon
landscape, these trends are getting worse, as evidenced by the
record-setting 2020 elections which cost more than
$14,000,000,000 in total.
(11) Since the landmark Citizens United decision, 21 States
and more than 800 municipalities, including large cities like
New York, Los Angeles, Chicago, and Philadelphia, have gone on
record supporting a constitutional amendment. Transcending
political leanings and geographic location, voters in States
and municipalities across the country that have placed
amendment questions on the ballot have routinely supported
these initiatives by considerably large margins.
(12) The Court has tied the hands of Congress and the
States, severely restricting them from setting reasonable
limits on campaign spending. For example, the Court has held
that only the Government's interest in preventing quid pro quo
corruption, like bribery, or the appearance of such corruption,
can justify limits on campaign contributions. More broadly, the
Court has severely curtailed attempts to reduce the ability of
the Nation's wealthiest and most powerful to skew our democracy
in their favor by buying outsized influence in our elections.
Because this distortion of the Constitution has prevented other
critical regulation or reform of the way we finance elections
in America, a constitutional amendment is needed to achieve a
democracy for all the people.
(13) The torrent of money flowing into our political system
has a profound effect on the democratic process for everyday
Americans, whose voices and policy preferences are increasingly
being drowned out by those of wealthy special interests. The
more campaign cash from wealthy special interests can flood our
elections, the more policies that favor those interests are
reflected in the national political agenda. When it comes to
policy preferences, our Nation's wealthiest tend to have
fundamentally different views than do average Americans when it
comes to issues ranging from unemployment benefits to the
minimum wage to health care coverage.
(14) At the same time millions of Americans have signed
petitions, marched, called their Members of Congress, written
letters to the editor, and otherwise demonstrated their public
support for a constitutional amendment to overturn Citizens
United that will allow Congress to reign in the outsized
influence of unchecked money in politics. Dozens of
organizations, representing tens of millions of individuals,
have come together in a shared strategy of supporting such an
amendment.
(15) In order to protect the integrity of democracy and the
electoral process and to ensure political equality for all, the
Constitution should be amended so that Congress and the States
may regulate and set limits on the raising and spending of
money to influence elections and may distinguish between
natural persons and artificial entities, like corporations,
that are created by law, including by prohibiting such
artificial entities from spending money to influence elections.
Subtitle B--Congressional Elections
SEC. 5100. SHORT TITLE.
This subtitle may be cited as the ``Government By the People Act of
2021''.
PART 1--MY VOICE VOUCHER PILOT PROGRAM
SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a pilot
program under which the Commission shall select 3 eligible States to
operate a voucher pilot program which is described in section 5102
during the program operation period.
(b) Eligibility of States.--A State is eligible to be selected to
operate a voucher pilot program under this part if, not later than 180
days after the beginning of the program application period, the State
submits to the Commission an application containing--
(1) information and assurances that the State will operate
a voucher program which contains the elements described in
section 5102(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
5102(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 5102(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
5102(d);
(5) information and assurances that the State will submit
reports as required under section 5103; and
(6) such other information and assurances as the Commission
may require.
(c) Selection of Participating States.--
(1) In general.--Not later than 1 year after the beginning
of the program application period, the Commission shall select
the 3 States which will operate voucher pilot programs under
this part.
(2) Criteria.--In selecting States for the operation of the
voucher pilot programs under this part, the Commission shall
apply such criteria and metrics as the Commission considers
appropriate to determine the ability of a State to operate the
program successfully, and shall attempt to select States in a
variety of geographic regions and with a variety of political
party preferences.
(3) No supermajority required for selection.--The selection
of States by the Commission under this subsection shall require
the approval of only half of the Members of the Commission.
(d) Duties of States During Program Preparation Period.--During the
program preparation period, each State selected to operate a voucher
pilot program under this part shall take such actions as may be
necessary to ensure that the State will be ready to operate the program
during the program operation period, and shall complete such actions
not later than 90 days before the beginning of the program operation
period.
(e) Termination.--Each voucher pilot program under this part shall
terminate as of the first day after the program operation period.
(f) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 5103(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 voucher pilot program under this part during
the cycle.
(2) Source of funds.--Payments to States under the program
shall be made using amounts in the Freedom From Influence Fund
under section 541 of the Federal Election Campaign Act of 1971
(as added by section 5111), hereafter referred to as the
``Fund''.
(3) Mandatory reduction of payments in case of insufficient
amounts in freedom from influence fund.--
(A) Advance audits by commission.--Not later than
90 days before the first day of each program operation
period, the Commission shall--
(i) audit the Fund to determine whether,
after first making payments to participating
candidates under title V of the Federal
Election Campaign Act of 1971 (as added by
section 5111), the amounts remaining in the
Fund will be sufficient to make payments to
States under this part in the amounts provided
under this subsection; and
(ii) submit a report to Congress describing
the results of the audit.
(B) Reductions in amount of payments.--
(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to an election cycle
involved is not, or may not be, sufficient to
make payments to States under this part in the
full amount provided under this subsection, the
Commission shall reduce each amount which would
otherwise be paid to a State under this
subsection by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made with respect
to the cycle will not exceed the amount
anticipated to be available for such payments
in the Fund with respect to such cycle.
(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to States with respect to an election
cycle under clause (i), the Commission
determines that there are sufficient amounts in
the Fund to restore the amount by which such
payments were reduced (or any portion thereof),
to the extent that such amounts are available,
the Commission may make a payment on a pro rata
basis to each such State with respect to the
cycle in the amount by which such State's
payments were reduced under clause (i) (or any
portion thereof, as the case may be).
(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that there are insufficient moneys
in the Fund to make payments to States under
this part, moneys shall not be made available
from any other source for the purpose of making
such payments.
(4) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to any program
operation period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to the program operation period involved 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 period, the State shall reduce the amount of the
voucher 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 period.
SEC. 5102. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
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 voucher
worth $25 to be known as a ``My Voice Voucher'' 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 My
Voice Voucher, the individual may submit the My Voice
Voucher 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 My Voice Voucher in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the My Voice Voucher
to the Commission, the Commission shall pay the
candidate the portion of the value of the My Voice
Voucher 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 My Voice Voucher; 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 My Voice Voucher 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 Voucher that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall permit an individual to revoke a My Voice Voucher
not later than 2 days after submitting the My Voice Voucher to a
candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a voucher pilot 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 voucher pilot program
under this part shall carry out a public information campaign to
disseminate awareness of the program among qualified individuals.
SEC. 5103. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the first
election cycle of the program operation period, a State which operates
a voucher pilot program under this part shall submit a report to the
Commission analyzing the operation and effectiveness of the program
during the cycle and including such other information as the Commission
may require.
(b) Final Report.--Not later than 6 months after the end of the
program operation period, the State shall submit a final report to the
Commission analyzing the operation and effectiveness of the program and
including such other information as the Commission may require.
(c) Study and Report on Impact and Effectiveness of Voucher
Programs.--
(1) Study.--The Federal Election Commission shall conduct a
study on the efficacy of political voucher 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 date of the
enactment of this Act, the Commission shall publish and submit
to Congress a report on the study conducted under subsection
(a), and shall include in the report such recommendations as
the Commission considers appropriate which would enable
political voucher programs to be implemented on a national
scale.
SEC. 5104. DEFINITIONS.
(a) Election Cycle.--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.
(b) Definitions Relating to Periods.--In this part, the following
definitions apply:
(1) Program application period.--The term ``program
application period'' means the first election cycle which
begins after the date of the enactment of this Act.
(2) Program preparation period.--The term ``program
preparation period'' means the first election cycle which
begins after the program application period.
(3) Program operation period.--The term ``program operation
period'' means the first 2 election cycles which begin after
the program preparation period.
PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 5111. 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 CONGRESSIONAL ELECTION CAMPAIGNS
``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.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Commission 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
Commission 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 Commission 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 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 My Voice Vouchers.--Any payment received by a
candidate and the authorized committees of a candidate which consists
of a My Voice Voucher under the Government By the People Act of 2021
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 for deposit in the Freedom
From Influence Fund under section 541 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.
``(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.
``(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 Commission;
``(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.--The Commission 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.
``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
Commission shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Commission determines that the
candidate meets such requirements, certify the
candidate as a participating candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commission shall be deemed to
have certified the candidate as a participating candidate with
respect to all subsequent elections of the election cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission 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 Commission 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
Freedom From Influence Fund established under
section 541 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; 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 Commission
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.
``(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 for deposit in
the Freedom From Influence Fund established under
section 541; 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 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 PUBLIC 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 for deposit in the Freedom From Influence Fund
established under section 541 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.
``(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 Commission 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 Commission 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
Commission 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. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Assessments against fines, settlements, and
penalties.--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.
``(2) Deposits.--Amounts deposited into the Fund under--
``(A) section 521(c)(1)(B) (relating to exceptions
to contribution requirements);
``(B) section 523 (relating to remittance of unused
payments from the Fund); and
``(C) section 544 (relating to violations).
``(c) Use of Fund To Make Payments to Participating Candidates.--
``(1) Payments to participating candidates.--Amounts in the
Fund shall be available without further appropriation or fiscal
year limitation to make payments to participating candidates as
provided in this title.
``(2) Mandatory reduction of payments in case of
insufficient amounts in fund.--
``(A) Advance audits by commission.--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), the
Commission shall--
``(i) audit the Fund to determine whether
the amounts in the Fund will be sufficient to
make payments to participating candidates in
the amounts provided in this title during such
election cycle; and
``(ii) submit a report to Congress
describing the results of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to the election cycle
involved is not, or may not be, sufficient to
satisfy the full entitlements of participating
candidates to payments under this title for
such election cycle, the Commission shall
reduce each amount which would otherwise be
paid to a participating candidate under this
title by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made with respect
to the election cycle will not exceed the
amount anticipated to be available for such
payments in the Fund with respect to such
election cycle.
``(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to participating candidates with respect
to an election cycle under clause (i), the
Commission determines that there are sufficient
amounts in the Fund to restore the amount by
which such payments were reduced (or any
portion thereof), to the extent that such
amounts are available, the Commission may make
a payment on a pro rata basis to each such
participating candidate with respect to the
election cycle in the amount by which such
candidate's payments were reduced under clause
(i) (or any portion thereof, as the case may
be).
``(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that there are insufficient moneys
in the Fund to make payments to participating
candidates under this title, moneys shall not
be made available from any other source for the
purpose of making such payments.
``(d) Use of Fund To Make Other Payments.--In addition to the use
described in subsection (d), amounts in the Fund shall be available
without further appropriation or fiscal year limitation--
``(1) to make payments to States under the My Voice Voucher
Program under the Government By the People Act of 2021, subject
to reductions under section 5101(f)(3) of such Act;
``(2) to make payments to candidates under chapter 95 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9013(b) of such Code; and
``(3) to make payments to candidates under chapter 96 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9043(b) of such Code.
``(e) No Taxpayer Funds Permitted.--No taxpayer funds may be
deposited into the Fund.
``(f) Effective Date.--This section shall take effect on the date
of the enactment of this title.
``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
``(a) Review of Small Dollar Financing.--
``(1) In general.--After each regularly scheduled general
election for Federal office, the Comptroller General of the
United States shall conduct a comprehensive review of the Small
Dollar financing program under this title, including--
``(A) the maximum and minimum dollar amounts of
qualified small dollar contributions under section 504;
``(B) the number and value of qualified small
dollar contributions a candidate is required to obtain
under section 512(a) to be eligible for certification
as a participating candidate;
``(C) the maximum amount of payments a candidate
may receive under this title;
``(D) the overall satisfaction of participating
candidates and the American public with the program;
``(E) the extent to which the program increased
opportunities for participation by candidates of
diverse racial, gender, and socio-economic backgrounds;
and
``(F) such other matters relating to financing of
campaigns as the Comptroller General determines are
appropriate.
``(2) Criteria for review.--In conducting the review under
subparagraph (A), the Comptroller General shall consider the
following:
``(A) Qualified small dollar contributions.--
Whether the number and dollar amounts of qualified
small dollar contributions required strikes an
appropriate balance regarding the importance of voter
involvement, the need to assure adequate incentives for
participating, and fiscal responsibility, taking into
consideration the number of primary and general
election participating candidates, the electoral
performance of those candidates, program cost, and any
other information the Comptroller General determines is
appropriate.
``(B) Review of payment levels.--Whether the
totality of the amount of funds allowed to be raised by
participating candidates (including through qualified
small dollar contributions) and payments under this
title are sufficient for voters in each State to learn
about the candidates to cast an informed vote, taking
into account the historic amount of spending by winning
candidates, media costs, primary election dates, and
any other information the Comptroller General
determines is appropriate.
``(3) Recommendations for adjustment of amounts.--Based on
the review conducted under subparagraph (A), the Comptroller
General may recommend to Congress adjustments of the following
amounts:
``(A) The number and value of qualified small
dollar contributions a candidate is required to obtain
under section 512(a) to be eligible for certification
as a participating candidate.
``(B) The maximum amount of payments a candidate
may receive under this title.
``(b) Reports.--Not later than each June 1 which follows a
regularly scheduled general election for Federal office for which
payments were made under this title, the Comptroller General shall
submit to the Committee on House Administration of the House of
Representatives a report--
``(1) containing an analysis of the review conducted under
subsection (a), including a detailed statement of Comptroller
General's findings, conclusions, and recommendations based on
such review, including any recommendations for adjustments of
amounts described in subsection (a)(3); and
``(2) documenting, evaluating, and making recommendations
relating to the administrative implementation and enforcement
of the provisions of this title.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section.
``SEC. 543. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations to establish procedures
for--
``(1) verifying the amount of qualified small dollar
contributions with respect to a candidate;
``(2) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified small dollar
contributions;
``(3) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates; and
``(4) monitoring the use of allocations from the Freedom
From Influence Fund established under section 541 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.
``SEC. 544. 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 deposited into the Freedom From Influence Fund
established under section 541.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(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 Fund an amount 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. 545. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in carrying
out this title shall be subject to review by the United States Court of
Appeals for the District of Columbia upon petition filed in the Court
not later than 30 days after the Commission takes the action for which
the review is sought.
``(b) Procedures.--The provisions of chapter 7 of title 5, United
States Code, apply to judicial review under this section.
``SEC. 546. 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. 547. 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. 5112. 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
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 5113. 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. 5114. 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 Freedom From Influence 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 Freedom From Influence Fund under section 541 of the
Federal Election Campaign Act of 1971 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 Freedom From Influence 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 Freedom From Influence 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
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 Freedom From Influence Fund under section 541 of the
Federal Election Campaign Act of 1971 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 Freedom From Influence 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 Freedom From Influence 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 Freedom From Influence Fund
``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE 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 Freedom From Influence 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
Freedom From Influence Fund established under section 541 of the
Federal Election Campaign Act of 1971 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 freedom from influence 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.
SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANCING PROGRAM.
(a) Study and Report.--Not later than 2 years after the completion
of the first election cycle in which the program established under
title V of the Federal Election Campaign Act of 1971, as added by
section 5111, is in effect, the Federal Election Commission shall--
(1) assess--
(A) the amount of payment referred to in section
501 of such Act; and
(B) the amount of a qualified small dollar
contribution referred to in section 504(a)(1) of such
Act; and
(2) submit to Congress a report that discusses whether such
amounts are sufficient to meet the goals of the program.
(b) Update.--The Commission shall update and revise the study and
report required by subsection (a) on a biennial basis.
(c) Termination.--The requirements of this section shall terminate
10 years after the date on which the first study and report required by
subsection (a) is submitted to Congress.
SEC. 5116. EFFECTIVE DATE.
(a) In General.--Except as may otherwise be provided in this part
and in the amendments made by this part, this part and the amendments
made by this part shall apply with respect to elections occurring
during 2028 or any succeeding year, 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 (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle C--Presidential Elections
SEC. 5200. SHORT TITLE.
This subtitle may be cited as the ``Empower Act of 2021''.
PART 1--PRIMARY ELECTIONS
SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of
each contribution'' and inserting ``an amount equal to
600 percent of the amount of each matchable
contribution (disregarding any amount of contributions
from any person to the extent that the total of the
amounts contributed by such person for the election
exceeds $200)''; and
(B) by striking ``authorized committees'' and all
that follows through ``$250'' and inserting
``authorized committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection
(a); and
(B) by adding at the end the following new
subsection:
``(c) Matchable Contribution Defined.--For purposes of this section
and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, a
contribution by an individual to a candidate or an authorized
committee of a candidate with respect to which the candidate
has certified in writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A); and
``(C) such contribution was a direct contribution.
``(2) Contribution.--For purposes of this subsection, the
term `contribution' means a gift of money made by a written
instrument which identifies the individual making the
contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money, or
anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).
``(3) Direct contribution.--
``(A) In general.--For purposes of this subsection,
the term `direct contribution' means, with respect to a
candidate, a contribution which 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) Other definitions.--In subparagraph (A)--
``(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 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) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by
striking ``section 9034(a)'' and inserting ``section
9034''.
(B) Section 9033(b)(3) of such Code is amended by
striking ``matching contributions'' and inserting
``matchable contributions''.
(b) Modification of Payment Limitation.--Section 9034(b) of such
Code is amended--
(1) by striking ``The total'' and inserting the following:
``(1) In general.--The total'';
(2) by striking ``shall not exceed'' and all that follows
and inserting ``shall not exceed $250,000,000.''; and
(3) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--
``(A) In general.--In the case of any applicable
period beginning after 2029, the dollar amount in
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year following the year which such
applicable period begins, determined by
substituting `calendar year 2028' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this
paragraph, the term `applicable period' means the 4-
year period beginning with the first day following the
date of the general election for the office of
President and ending on the date of the next such
general election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (1) is not a multiple of $10,000, such
amount shall be rounded to the nearest multiple of
$10,000.''.
SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State; Disregarding of
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding any amount of contributions from any
such resident to the extent that the total of the amounts
contributed by such resident for the election exceeds $200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) the candidate and the authorized committees of the
candidate will not accept aggregate contributions from any
person with respect to the nomination for election to the
office of President of the United States in excess of $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by
adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the
meaning given such term in section 301(8) of the Federal Election
Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by
section 5201(a)(3)(A), is amended by striking ``section
9034'' and inserting ``section 9033(b) or 9034''.
(c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code 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 inserting after paragraph (4) the following new
paragraph:
``(5) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95.''.
(d) Prohibition on Joint Fundraising Committees.--Section 9033(b)
of such Code, as amended by subsection (c), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the candidate will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate, except that candidate
established a joint fundraising committee with respect to a
prior election for which the candidate was not eligible to
receive payments under section 9037 and the candidate does not
terminate the committee, the candidate shall not be considered
to be in violation of this paragraph 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 eligible to receive payments under such
section.''.
SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall
knowingly make expenditures from his personal funds, or the personal
funds of his immediate family, in connection with his campaign for
nomination for election to the office of President in excess of, in the
aggregate, $50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the candidate will comply with the personal
expenditure limitation under section 9035,''.
SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 is amended by
striking ``the beginning of the calendar year in which a general
election for the office of President of the United States will be
held'' and inserting ``the date that is 6 months prior to the date of
the earliest State primary election''.
SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is amended by
inserting ``and matchable contributions accepted by'' after ``qualified
campaign expenses of''.
SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL
PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and
inserting ``four-year election cycle''.
SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 96 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made to
candidates under this chapter shall be made from the Freedom From
Influence Fund established under section 541 of the Federal Election
Campaign Act of 1971 (hereafter in this section referred to as the
`Fund').
``(b) Mandatory Reduction of Payments in Case of Insufficient
Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2021, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If,
on the basis of the audit described in paragraph (1),
the Commission determines that the amount anticipated
to be available in the Fund with respect to the
Presidential election cycle involved is not, or may not
be, sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter 96 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9043. Use of Freedom From Influence Fund as source of
payments.''.
PART 2--GENERAL ELECTIONS
SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC
FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--In order to be eligible to receive any payments
under section 9006, the candidates of a political party in a
Presidential election shall meet the following requirements:
``(1) Participation in primary payment system.--The
candidate for President received payments under chapter 96 for
the campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission
such evidence as it may request of the qualified
campaign expenses of such candidates,
``(B) agree to keep and furnish to the Commission
such records, books, and other information as it may
request, and
``(C) agree to an audit and examination by the
Commission under section 9007 and to pay any amounts
required to be paid under such section.
``(3) Prohibition on joint fundraising committees.--
``(A) Prohibition.--The candidates certifies in
writing that the candidates will not establish a joint
fundraising committee with a political committee other
than another authorized committee of the candidate.
``(B) Status of existing committees for prior
elections.--If a candidate established a joint
fundraising committee described in subparagraph (A)
with respect to a prior election for which the
candidate was not eligible to receive payments under
section 9006 and the candidate does not terminate the
committee, the candidate shall not be considered to be
in violation of subparagraph (A) so long as that joint
fundraising committee does not receive any
contributions or make any disbursements with respect to
the election for which the candidate is eligible to
receive payments under section 9006.''.
SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED
CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without Expenditure
Limits; Application of Same Requirements for Major, Minor, and New
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
Presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized
committees have not and will not accept any
contributions to defray qualified campaign expenses
other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent
necessary to make up any deficiency payments
received out of the fund on account of the
application of section 9006(c), and
``(B) such candidates and their authorized
committees have not and will not accept any
contribution to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of
section 9002(11).
``(2) Timing of certification.--The candidate shall make
the certification required under this subsection at the same
time the candidate makes the certification required under
subsection (a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section 9002 of
such Code is amended by adding at the end the following new paragraph:
``(13) Qualified campaign contribution.--The term
`qualified campaign contribution' means, with respect to any
election for the office of President of the United States, a
contribution from an individual to a candidate or an authorized
committee of a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has
certified in writing that--
``(i) the individual making such
contribution has not made aggregate
contributions (including such qualified
contribution) to such candidate and the
authorized committees of such candidate in
excess of the amount described in subparagraph
(A), and
``(ii) such candidate and the authorized
committees of such candidate will not accept
contributions from such individual (including
such qualified contribution) aggregating more
than the amount described in subparagraph (A)
with respect to such election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116) is
amended by striking subsection (b).
(B) Conforming amendments.--Section 315(c) of such
Act (52 U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``,
(b)''; and
(ii) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting
``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal
Revenue Code of 1986 is amended by striking paragraph
(2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section
9007(b) of such Code, as redesignated by subparagraph
(A), is amended--
(i) by striking ``a major party'' and
inserting ``a party'';
(ii) by striking ``contributions (other
than'' and inserting ``contributions (other
than qualified contributions''; and
(iii) by striking ``(other than qualified
campaign expenses with respect to which payment
is required under paragraph (2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section
9012 of the Internal Revenue Code of 1986 is amended by
striking subsection (a).
(B) Penalty for acceptance of disallowed
contributions; application of same penalty for
candidates of major, minor, and new parties.--
Subsection (b) of section 9012 of such Code is amended
to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a Presidential
election or any of his authorized committees knowingly and
willfully to accept--
``(A) any contribution other than a qualified
campaign contribution to defray qualified campaign
expenses, except to the extent necessary to make up any
deficiency in payments received out of the fund on
account of the application of section 9006(c); or
``(B) any contribution to defray expenses which
would be qualified campaign expenses but for
subparagraph (C) of section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than one
year, or both. In the case of a violation by an authorized
committee, any officer or member of such committee who
knowingly and willfully consents to such violation shall be
fined not more than $5,000, or imprisoned not more than one
year, or both.''.
SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT
AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a) of
section 9004 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) In General.--Subject to the provisions of this chapter, the
eligible candidates of a party in a Presidential election shall be
entitled to equal payment under section 9006 in an amount equal to 600
percent of the amount of each matchable contribution received by such
candidate or by the candidate's authorized committees (disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person for the election exceeds $200),
except that total amount to which a candidate is entitled under this
paragraph shall not exceed $250,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2029, the $250,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year following
the year which such applicable period begins,
determined by substituting `calendar year 2028' for
`calendar year 1992' in subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-year period beginning
with the first day following the date of the general election
for the office of President and ending on the date of the next
such general election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence: ``The
Commission shall make such additional certifications as may be
necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as amended
by section 5212(b), is amended by adding at the end the following new
paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the office
of President of the United States, a contribution by an
individual to a candidate or an authorized committee of a
candidate with respect to which the candidate has certified in
writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A) with respect to such election; and
``(C) such contribution was a direct contribution
(as defined in section 9034(c)(3)).''.
SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
``(2)(A) The national committee of a political party may not make
any expenditure in connection with the general election campaign of any
candidate for President of the United States who is affiliated with
such party which exceeds $100,000,000.
``(B) For purposes of this paragraph--
``(i) any expenditure made by or on behalf of a national
committee of a political party and in connection with a
Presidential election shall be considered to be made in
connection with the general election campaign of a candidate
for President of the United States who is affiliated with such
party; and
``(ii) any communication made by or on behalf of such party
shall be considered to be made in connection with the general
election campaign of a candidate for President of the United
States who is affiliated with such party if any portion of the
communication is in connection with such election.
``(C) Any expenditure under this paragraph shall be in addition to
any expenditure by a national committee of a political party serving as
the principal campaign committee of a candidate for the office of
President of the United States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-Living
Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)) is amended--
(A) in subparagraph (B), by striking ``(d)'' and
inserting ``(d)(2)''; and
(B) by adding at the end the following new
subparagraph:
``(D) In any calendar year after 2028--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for
the calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)) is amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting
``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar
year 2027.''.
SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the Treasury
receives a certification from the Commission under section 9005 for
payment to the eligible candidates of a political party, the Secretary
shall pay to such candidates out of the fund the amount certified by
the Commission on the later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such
candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the Internal
Revenue Code of 1986 is amended by striking ``10 days'' and inserting
``24 hours''.
SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``In making a
determination of whether there are insufficient moneys in the fund for
purposes of the previous sentence, the Secretary shall take into
account in determining the balance of the fund for a Presidential
election year the Secretary's best estimate of the amount of moneys
which will be deposited into the fund during the year, except that the
amount of the estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL
AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (A), an expense incurred by a candidate or authorized
committee for general election legal and accounting compliance purposes
shall be considered to be an expense to further the election of such
candidate.''.
SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 95 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made under
this chapter shall be made from the Freedom From Influence Fund
established under section 541 of the Federal Election Campaign Act of
1971.
``(b) Mandatory Reduction of Payments in Case of Insufficient
Amounts in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2021 and then making payments to candidates under
chapter 96, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If,
on the basis of the audit described in paragraph (1),
the Commission determines that the amount anticipated
to be available in the Fund with respect to the
Presidential election cycle involved is not, or may not
be, sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric
research initiative.--This section does not apply to the
transfer of funds under section 9008(i).
``(4) Presidential election cycle defined.--In this
section, the term `Presidential election cycle' means, with
respect to a Presidential election, the period beginning on the
day after the date of the previous Presidential general
election and ending on the date of the Presidential
election.''.
(b) Clerical Amendment.--The table of sections for chapter 95 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9013. Use of Freedom From Influence Fund as source of
payments.''.
PART 3--EFFECTIVE DATE
SEC. 5221. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this subtitle and
the amendments made by this subtitle shall apply with respect to the
Presidential election held in 2028 and each succeeding Presidential
election, 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 (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
SEC. 5301. 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. 5302. 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 5113, 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.
Subtitle E--Empowering Small Dollar Donations
SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED
SUPPORT FOR 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 5112(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 committee of a political party
(including a national congressional campaign committee of a political
party) consisting 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.
Subtitle F--Severability
SEC. 5501. 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.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Extension of statute of limitations for offenses under
Federal Election Campaign Act of 1971.
Sec. 6011. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Disposal of Contributions or Donations
Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
Sec. 6301. Recommendations to ensure filing of reports before date of
election.
Subtitle E--Severability
Sec. 6401. Severability.
Subtitle A--Restoring Integrity to America's Elections
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to
America's Elections Act''.
SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.
(a) Reduction in Number of Members; Removal of Secretary of Senate
and Clerk of House as Ex Officio Members.--
(1) In general; quorum.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking the second and third sentences and
inserting the following: ``The Commission is composed of 5
members appointed by the President by and with the advice and
consent of the Senate, of whom no more than 2 may be affiliated
with the same political party. A member shall be treated as
affiliated with a political party if the member was affiliated,
including as a registered voter, employee, consultant, donor,
officer, or attorney, with such political party or any of its
candidates or elected public officials at any time during the
5-year period ending on the date on which such individual is
nominated to be a member of the Commission. A majority of the
number of members of the Commission who are serving at the time
shall constitute a quorum.''.
(2) Conforming amendments relating to reduction in number
of members.--(A) Section 306(c) of such Act (52 U.S.C.
30106(c)) is amended by striking the period at the end of the
first sentence and all that follows and inserting the
following: ``, except that an affirmative vote of a majority of
the members of the Commission who are serving at the time shall
be required in order for the Commission to take any action in
accordance with paragraph (6), (7), (8), or (9) of section
307(a) or with chapter 95 or chapter 96 of the Internal Revenue
Code of 1986. A member of the Commission may not delegate to
any person his or her vote or any decisionmaking authority or
duty vested in the Commission by the provisions of this Act''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 of its members'' and inserting ``affirmative vote of
a majority of the members of the Commission who are serving at
the time'' each place it appears in the following sections:
(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
(ii) Section 309(a)(4)(A)(i) (52 U.S.C.
30109(a)(4)(A)(i)).
(iii) Section 309(a)(5)(C) (52 U.S.C.
30109(a)(5)(C)).
(iv) Section 309(a)(6)(A) (52 U.S.C.
30109(a)(6)(A)).
(v) Section 311(b) (52 U.S.C. 30111(b)).
(3) Conforming amendment relating to removal of ex officio
members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is
amended by striking ``(other than the Secretary of the Senate
and the Clerk of the House of Representatives)'' each place it
appears in paragraphs (4) and (5).
(b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C.
30106(a)(2)) is amended to read as follows:
``(2) Terms of service.--
``(A) In general.--Each member of the Commission
shall serve for a single term of 6 years.
``(B) Special rule for initial appointments.--Of
the members first appointed to serve terms that begin
in January 2022, the President shall designate 2 to
serve for a 3-year term.
``(C) No reappointment permitted.--An individual
who served a term as a member of the Commission may not
serve for an additional term, except that--
``(i) an individual who served a 3-year
term under subparagraph (B) may also be
appointed to serve a 6-year term under
subparagraph (A); and
``(ii) for purposes of this subparagraph,
an individual who is appointed to fill a
vacancy under subparagraph (D) shall not be
considered to have served a term if the portion
of the unexpired term the individual fills is
less than 50 percent of the period of the term.
``(D) Vacancies.--Any vacancy occurring in the
membership of the Commission shall be filled in the
same manner as in the case of the original appointment.
Except as provided in subparagraph (C), an individual
appointed to fill a vacancy occurring other than by the
expiration of a term of office shall be appointed only
for the unexpired term of the member he or she
succeeds.
``(E) Limitation on service after expiration of
term.--A member of the Commission may continue to serve
on the Commission after the expiration of the member's
term for an additional period, but only until the
earlier of--
``(i) the date on which the member's
successor has taken office as a member of the
Commission; or
``(ii) the expiration of the 1-year period
that begins on the last day of the member's
term.''.
(c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C.
30106(a)(3)) is amended to read as follows:
``(3) Qualifications.--
``(A) In general.--The President may select an
individual for service as a member of the Commission if
the individual has experience in election law and has a
demonstrated record of integrity, impartiality, and
good judgment.
``(B) Assistance of blue ribbon advisory panel.--
``(i) In general.--Prior to the regularly
scheduled expiration of the term of a member of
the Commission and upon the occurrence of a
vacancy in the membership of the Commission
prior to the expiration of a term, the
President shall convene a Blue Ribbon Advisory
Panel that includes individuals representing
each major political party and individuals who
are independent of a political party and that
consists of an odd number of individuals
selected by the President from retired Federal
judges, former law enforcement officials, or
individuals with experience in election law,
except that the President may not select any
individual to serve on the panel who holds any
public office at the time of selection. The
President shall also make reasonable efforts to
encourage racial, ethnic, and gender diversity
on the panel.
``(ii) Recommendations.--With respect to
each member of the Commission whose term is
expiring or each vacancy in the membership of
the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the
President at least one but not more than 3
individuals for nomination for appointment as a
member of the Commission.
``(iii) Publication.--At the time the
President submits to the Senate the nominations
for individuals to be appointed as members of
the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations
for such nominations.
``(iv) Exemption from federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a Blue
Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission
shall not engage in any other business, vocation, or
employment. Any individual who is engaging in any other
business, vocation, or employment at the time of his or
her appointment to the Commission shall terminate or
liquidate such activity no later than 90 days after
such appointment.''.
SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION
COMMISSION.
(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read
as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first
appointed to serve terms that begin in January 2022,
one such member (as designated by the President at the
time the President submits nominations to the Senate)
shall serve as Chair of the Commission.
``(B) Subsequent appointments.--Any individual who
is appointed to succeed the member who serves as Chair
of the Commission for the term beginning in January
2022 (as well as any individual who is appointed to
fill a vacancy if such member does not serve a full
term as Chair) shall serve as Chair of the Commission.
``(C) Vice chair.--The Commission shall select, by
majority vote of its members, one of its members to
serve as Vice Chair, who shall act as Chair in the
absence or disability of the Chair or in the event of a
vacancy in the position of Chair.''.
(2) Conforming amendment.--Section 309(a)(2) of such Act
(52 U.S.C. 30109(a)(2)) is amended by striking ``through its
chairman or vice chairman'' and inserting ``through the
Chair''.
(b) Powers.--
(1) Assignment of certain powers to chair.--Section 307(a)
of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
``(a) Distribution of Powers Between Chair and Commission.--
``(1) Powers assigned to chair.--
``(A) Administrative powers.--The Chair of the
Commission shall be the chief administrative officer of
the Commission and shall have the authority to
administer the Commission and its staff, and (in
consultation with the other members of the Commission)
shall have the power--
``(i) to appoint and remove the staff
director of the Commission;
``(ii) to request the assistance (including
personnel and facilities) of other agencies and
departments of the United States, whose heads
may make such assistance available to the
Commission with or without reimbursement; and
``(iii) to prepare and establish the budget
of the Commission and to make budget requests
to the President, the Director of the Office of
Management and Budget, and Congress.
``(B) Other powers.--The Chair of the Commission
shall have the power--
``(i) to appoint and remove the general
counsel of the Commission with the concurrence
of at least 2 other members of the Commission;
``(ii) to require by special or general
orders, any person to submit, under oath, such
written reports and answers to questions as the
Chair may prescribe;
``(iii) to administer oaths or
affirmations;
``(iv) to require by subpoena, signed by
the Chair, the attendance and testimony of
witnesses and the production of all documentary
evidence relating to the execution of its
duties;
``(v) in any proceeding or investigation,
to order testimony to be taken by deposition
before any person who is designated by the
Chair, and shall have the power to administer
oaths and, in such instances, to compel
testimony and the production of evidence in the
same manner as authorized under clause (iv);
and
``(vi) to pay witnesses the same fees and
mileage as are paid in like circumstances in
the courts of the United States.
``(2) Powers assigned to commission.--The Commission shall
have the power--
``(A) to initiate (through civil actions for
injunctive, declaratory, or other appropriate relief),
defend (in the case of any civil action brought under
section 309(a)(8) of this Act) or appeal (including a
proceeding before the Supreme Court on certiorari) any
civil action in the name of the Commission to enforce
the provisions of this Act and chapter 95 and chapter
96 of the Internal Revenue Code of 1986, through its
general counsel;
``(B) to render advisory opinions under section 308
of this Act;
``(C) to develop such prescribed forms and to make,
amend, and repeal such rules, pursuant to the
provisions of chapter 5 of title 5, United States Code,
as are necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of the Internal
Revenue Code of 1986;
``(D) to conduct investigations and hearings
expeditiously, to encourage voluntary compliance, and
to report apparent violations to the appropriate law
enforcement authorities; and
``(E) to transmit to the President and Congress not
later than June 1 of each year a report which states in
detail the activities of the Commission in carrying out
its duties under this Act, and which includes any
recommendations for any legislative or other action the
Commission considers appropriate.
``(3) Permitting commission to exercise other powers of
chair.--With respect to any investigation, action, or
proceeding, the Commission, by an affirmative vote of a
majority of the members who are serving at the time, may
exercise any of the powers of the Chair described in paragraph
(1)(B).''.
(2) Conforming amendments relating to personnel
authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is
amended--
(A) by amending the first sentence of paragraph (1)
to read as follows: ``The Commission shall have a staff
director who shall be appointed by the Chair of the
Commission in consultation with the other members and a
general counsel who shall be appointed by the Chair
with the concurrence of at least two other members.'';
(B) in paragraph (2), by striking ``With the
approval of the Commission'' and inserting ``With the
approval of the Chair of the Commission''; and
(C) by striking paragraph (3).
(3) Conforming amendment relating to budget submission.--
Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is
amended by striking ``the Commission submits any budget'' and
inserting ``the Chair (or, pursuant to subsection (a)(3), the
Commission) submits any budget''.
(4) Other conforming amendments.--Section 306(c) of such
Act (52 U.S.C. 30106(c)) is amended by striking ``All
decisions'' and inserting ``Subject to section 307(a), all
decisions''.
(5) Technical amendment.--The heading of section 307 of
such Act (52 U.S.C. 30107) is amended by striking ``the
commission'' and inserting ``the chair and the commission''.
SEC. 6004. 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 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 promptly submit to the Commission the general
counsel's recommendation that the Commission find either that there is
probable cause or that there is not 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 include with the recommendation 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
recommendation under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such recommendation 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) Not later than 30 days after the general counsel submits the
recommendation to the Commission under subparagraph (A) (or, if the
respondent submits a brief under subparagraph (B), not later than 30
days after the general counsel submits the respondent's brief to the
Commission under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the members of
the Commission who are serving at the time.''.
(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 either dismiss the complaint or
to find reason to believe a violation has occurred or is about to
occur, 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
treat the failure to act on the complaint as a dismissal of the
complaint, and 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.
SEC. 6005. 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. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
(a) Extension of 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''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2021.
SEC. 6007. 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. 6008. 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. 6009. 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. 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR OFFENSES UNDER
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 15 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 the
enactment of this Act.
SEC. 6011. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, the amendments made
by this subtitle shall apply beginning January 1, 2022.
(b) Transition.--
(1) Termination of service of current members.--
Notwithstanding any provision of the Federal Election Campaign
Act of 1971, the term of any individual serving as a member of
the Federal Election Commission as of December 31, 2021, shall
expire on that date.
(2) 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 December 31, 2021, including any
investigation initiated by the Commission prior to such date or
any proceeding (including any enforcement action) pending as of
such date.
Subtitle B--Stopping Super PAC-Candidate Coordination
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 6102. 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 326) 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.),
as amended by section 4421 and section 4802(a), is amended by adding at
the end the following new section:
``SEC. 327. 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 (d)) 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).
``(4) No safe harbor for use of firewall.--A person 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
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment.
``(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 (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), 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, without regard to whether the person
providing the professional services used a firewall.
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) 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.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making 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 in 11 CFR Part 109, Subpart C, under the heading
``Coordination'') 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.
SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY
FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or 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 or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2022.
Subtitle C--Disposal of Contributions or Donations
SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DISPOSAL OF
CONTRIBUTIONS OR DONATIONS.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 5113 and section 5302, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Disposal.--
``(1) Timeframe.--Contributions or donations described in
subsection (a) may only be used--
``(A) in the case of an individual who is not a
candidate with respect to an election for any Federal
office for a 6-year period beginning on the day after
the date of the most recent such election in which the
individual was a candidate for any such office, during
such 6-year period;
``(B) in the case of an individual who becomes a
registered lobbyist under the Lobbying Disclosure Act
of 1995, before the date on which such individual
becomes such a registered lobbyist; or
``(C) in the case of an individual who becomes an
agent of a foreign principal that would require
registration under section 2 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612),
before the date on which such individual becomes such
an agent of a foreign principal.
``(2) Means of disposal; prioritization.--Beginning on the
date the 6-year period described in subparagraph (A) of
paragraph (1) ends (or, in the case of an individual described
in subparagraph (B) of such paragraph, the date on which the
individual becomes a registered lobbyist under the Lobbying
Disclosure Act of 1995, or, in the case of an individual
described in subparagraph (C) of such paragraph, the date on
which the individual becomes a registered agent of a foreign
principal under the Foreign Agents Registration Act of 1938, as
amended), contributions or donations that remain available to
an individual described in such paragraph shall be disposed of,
not later than 30 days after such date, as follows:
``(A) First, to pay any debts or obligations owed
in connection with the campaign for election for
Federal office of the individual.
``(B) Second, to the extent such contribution or
donations remain available after the application of
subparagraph (A), through any of the following means of
disposal (or a combination thereof), in any order the
individual considers appropriate:
``(i) Returning such contributions or
donations to the individuals, entities, or
both, who made such contributions or donations.
``(ii) Making contributions to an
organization described in section 170(c) of the
Internal Revenue Code of 1986.
``(iii) Making transfers to a national,
State, or local committee of a political
party.''.
SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDIVIDUALS.
(a) In General.--In the case of an individual described in
subsection (b), any contributions or donations remaining available to
the individual shall be disposed of--
(1) not later than 1 year after the date of the enactment
of this section; and
(2) in accordance with the prioritization specified in
subparagraphs (A) through (D) of subsection (c)(2) of section
313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 6201.
(b) Individuals Described.--An individual described in this
subsection is an individual who, as of the date of the enactment of
this section--
(1)(A) is not a candidate with respect to an election for
any Federal office for a period of not less than 6 years
beginning on the day after the date of the most recent such
election in which the individual was a candidate for any such
office; or
(B) is an individual who becomes a registered lobbyist
under the Lobbying Disclosure Act of 1995; and
(2) would be in violation of subsection (c) of section 313
of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114),
as amended by section 6201.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF REPORTS BEFORE DATE OF
ELECTION.
Not later than 180 days after the date of the enactment of this
Act, the Federal Election Commission shall submit a report to Congress
providing recommendations, including recommendations for changes to
existing law, on how to ensure that each political committee under the
Federal Election Campaign Act of 1971, including a committee which
accepts donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements of such Act, will
file a report under section 304 of such Act prior to the date of the
election for which the committee receives contributions or makes
disbursements, without regard to the date on which the committee first
registered under such Act, and shall include specific recommendations
to ensure that such committees will not delay until after the date of
the election the reporting of the identification of persons making
contributions that will be used to repay debt incurred by the
committee.
Subtitle E--Severability
SEC. 6401. 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 C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Sec. 7105. Disclaimer requirements for materials posted on online
platforms by agents of foreign principals
on behalf of clients.
Sec. 7106. Clarification of treatment of individuals who engage with
the United States in political activities
for a foreign principal in any place as
agents of foreign principals.
Sec. 7107. Analysis and report on challenges to enforcement of Foreign
Agents Registration Act of 1938.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of
1995.
Sec. 7202. Prohibiting receipt of compensation for lobbying activities
on behalf of foreign countries violating
human rights.
Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon
making any lobbying contacts.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Clearinghouse on Lobbying Information
Sec. 7401. Establishment of clearinghouse.
Subtitle F--Severability
Sec. 7501. Severability.
Subtitle A--Supreme Court Ethics
SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES.
(a) In General.--Chapter 57 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 964. Code of conduct
``Not later than one year after the date of the enactment of this
section, the Judicial Conference shall issue a code of conduct, which
applies to each justice and judge of the United States, except that the
code of conduct may include provisions that are applicable only to
certain categories of judges or justices.''.
(b) Clerical Amendment.--The table of sections for chapter 57 of
title 28, United States Code, is amended by adding after the item
related to section 963 the following:
``964. Code of conduct.''.
Subtitle B--Foreign Agents Registration
SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT
WITHIN DEPARTMENT OF JUSTICE.
Section 8 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 618) is amended by adding at the end the following
new subsection:
``(i) Dedicated Enforcement Unit.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Attorney General
shall establish a unit within the counterespionage section of
the National Security Division of the Department of Justice
with responsibility for the enforcement of this Act.
``(2) Powers.--The unit established under this subsection
is authorized to--
``(A) take appropriate legal action against
individuals suspected of violating this Act; and
``(B) coordinate any such legal action with the
United States Attorney for the relevant jurisdiction.
``(3) Consultation.--In operating the unit established
under this subsection, the Attorney General shall, as
appropriate, consult with the Director of National
Intelligence, the Secretary of Homeland Security, and the
Secretary of State.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out the activities of
the unit established under this subsection $10,000,000 for
fiscal year 2021 and each succeeding fiscal year.''.
SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.
(a) Establishing Authority.--Section 8 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 618) is amended by
inserting after subsection (c) the following new subsection:
``(d) Civil Money Penalties.--
``(1) Registration statements.--Whoever fails to file
timely or complete a registration statement as provided under
section 2(a) shall be subject to a civil money penalty of not
more than $10,000 per violation.
``(2) Supplements.--Whoever fails to file timely or
complete supplements as provided under section 2(b) shall be
subject to a civil money penalty of not more than $1,000 per
violation.
``(3) Other violations.--Whoever knowingly fails to--
``(A) remedy a defective filing within 60 days
after notice of such defect by the Attorney General; or
``(B) comply with any other provision of this Act,
shall upon proof of such knowing violation by a preponderance
of the evidence, be subject to a civil money penalty of not
more than $200,000, depending on the extent and gravity of the
violation.
``(4) No fines paid by foreign principals.--A civil money
penalty paid under paragraph (1) may not be paid, directly or
indirectly, by a foreign principal.
``(5) Use of fines.--All civil money penalties collected
under this subsection shall be used to defray the cost of the
enforcement unit established under subsection (i).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL
VALUE CONFERRED ON OFFICEHOLDERS.
(a) Requiring Agents To Disclose Known Transactions.--
(1) In general.--Section 2(a) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612(a)) is
amended--
(A) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12); and
(B) by inserting after paragraph (9) the following
new paragraph:
``(10) To the extent that the registrant has knowledge of
any transaction which occurred in the preceding 60 days and in
which the foreign principal for whom the registrant is acting
as an agent conferred on a Federal or State officeholder any
thing of financial value, including a gift, profit, salary,
favorable regulatory treatment, or any other direct or indirect
economic or financial benefit, a detailed statement describing
each such transaction.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to statements filed on or after the
expiration of the 90-day period which begins on the date of the
enactment of this Act.
(b) Supplemental Disclosure for Current Registrants.--Not later
than the expiration of the 90-day period which begins on the date of
the enactment of this Act, each registrant who (prior to the expiration
of such period) filed a registration statement with the Attorney
General under section 2(a) of the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any
transaction described in paragraph (10) of section 2(a) of such Act (as
added by subsection (a)(1)) which occurred at any time during which the
registrant was an agent of the foreign principal involved, shall file
with the Attorney General a supplement to such statement under oath, on
a form prescribed by the Attorney General, containing a detailed
statement describing each such transaction.
SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS.
(a) Requiring Statements Filed by Registrants To Be in Digitized
Format.--Section 2(g) of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 612(g)) is amended by striking ``in electronic
form'' and inserting ``in a digitized format which will enable the
Attorney General to meet the requirements of section 6(d)(1) (relating
to public access to an electronic database of statements and
updates)''.
(b) Requirements for Electronic Database of Registration Statements
and Updates.--Section 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``to the extent technically practicable,''; and
(2) in subparagraph (A), by striking ``includes the
information'' and inserting ``includes in a digitized format
the information''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to statements filed on or after the expiration of
the 180-day period which begins on the date of the enactment of this
Act.
SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE
PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF
CLIENTS.
(a) Method and Form of Disclaimer; Preservation of Disclaimers by
Certain Social Media Platforms.--
(1) Requirements described.--Section 4(b) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 614(b))
is amended--
(A) by striking ``(b) It shall be unlawful'' and
inserting ``(b)(1) It shall be unlawful''; and
(B) by adding at the end the following new
paragraph:
``(2) In the case of informational materials for or in the
interests of a foreign principal which are transmitted or caused to be
transmitted by an agent of a foreign principal by posting on an online
platform, the agent shall ensure that the conspicuous statement
required to be placed in such materials under this subsection is placed
directly with the material posted on the platform and is not accessible
only through a hyperlink or other reference to another source.
``(3) If the Attorney General determines that the application of
paragraph (2) to materials posted on an online platform is not feasible
because the length of the conspicuous statement required to be placed
in materials under this subsection makes the inclusion of the entire
statement incompatible with the posting of the materials on that
platform, an agent may meet the requirements of paragraph (2) by
ensuring that an abbreviated version of the statement, stating that the
materials are distributed by a foreign agent on behalf of a clearly
identified foreign principal, is placed directly with the material
posted on the platform.
``(4) An online platform on which informational materials described
in paragraph (2) are posted shall ensure that the conspicuous statement
described in such paragraph (or, if applicable, the abbreviated
statement described in paragraph (3)) is maintained with such materials
at all times, including after the material is shared in a social media
post on the platform, but only if the platform has 50,000,000 or more
unique monthly United States visitors or users for a majority of months
during the 12 months preceding the dissemination of the materials.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(b) Application of Requirements to Persons Outside the United
States.--
(1) In general.--Section 4(b)(1) of such Act (22 U.S.C.
614(b)(1)), as amended by subsection (a), is amended by
striking ``any person within the United States'' and inserting
``any person''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Attorney General has promulgated regulations to carry out such
amendments prior to the expiration of such period.
(c) Requirements for Online Platforms Disseminating Informational
Materials Transmitted by Agents of Foreign Principals.--
(1) In general.--Section 4 of such Act (22 U.S.C. 614) is
amended by adding at the end the following new subsection:
``(g) If the Attorney General determines that an agent of a foreign
principal transmitted or caused to be transmitted informational
materials on an online platform for or in the interests of the foreign
principal and did not meet the requirements of subsection (b)(2)
(relating to the conspicuous statement required to be placed in such
materials)--
``(1) the Attorney General shall notify the online
platform; and
``(2) the online platform shall remove such materials and
use reasonable efforts to inform recipients of such materials
that the materials were disseminated by a foreign agent on
behalf of a foreign principal.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to materials disseminated on or after
the expiration of the 60-day period which begins on the date of
the enactment of this Act.
(d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended
by inserting after subsection (i) the following new subsection:
``(j) The term `online platform' means any public-facing website,
web application, or digital application (including a social network, ad
network, or search engine).''.
SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH
THE UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN
PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS.
Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after
``United States'' the following: ``(whether within or outside of the
United States)''.
SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN
AGENTS REGISTRATION ACT OF 1938.
(a) Analysis.--The Attorney General shall conduct an analysis of
the legal, policy, and procedural challenges to the effective
enforcement of the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report on the analysis conducted under subsection (a), and shall
include in the report such recommendations, including recommendations
for revisions to the Foreign Agents Registration Act of 1938, as the
Attorney General considers appropriate to promote the effective
enforcement of such Act.
Subtitle C--Lobbying Disclosure Reform
SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO
REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995.
(a) Coverage of Individuals Providing Counseling Services.--
(1) Treatment of counseling services in support of lobbying
contacts as lobbying activity.--Section 3(7) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended--
(A) by striking ``efforts'' and inserting ``any
efforts''; and
(B) by striking ``research and other background
work'' and inserting the following: ``counseling in
support of such preparation and planning activities,
research, and other background work''.
(2) Treatment of lobbying contact made with support of
counseling services as lobbying contact made by individual
providing services.--Section 3(8) of such Act (2 U.S.C.
1602(8)) is amended by adding at the end the following new
subparagraph:
``(C) Treatment of providers of counseling
services.--Any individual, with authority to direct or
substantially influence a lobbying contact or contacts
made by another individual, and for financial or other
compensation provides counseling services in support of
preparation and planning activities which are treated
as lobbying activities under paragraph (7) for that
other individual's lobbying contact or contacts and who
has knowledge that the specific lobbying contact or
contacts were made, shall be considered to have made
the same lobbying contact at the same time and in the
same manner to the covered executive branch official or
covered legislative branch official involved.''.
(b) Reduction of Percentage Exemption for Determination of
Threshold of Lobbying Contacts Required for Individuals To Register as
Lobbyists.--Section 3(10) of such Act (2 U.S.C. 1602(10)) is amended by
striking ``less than 20 percent'' and inserting ``less than 10
percent''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act.
SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES
ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) is amended by inserting after section 5 the following new
section:
``SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES
ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS.
``(a) Prohibition.--Notwithstanding any other provision of this
Act, no person may accept financial or other compensation for lobbying
activity under this Act on behalf of a client who is a government which
the President has determined is a government that engages in gross
violations of human rights.
``(b) Clarification of Treatment of Diplomatic or Consular
Officers.--Nothing in this section may be construed to affect any
activity of a duly accredited diplomatic or consular officer of a
foreign government who is so recognized by the Department of State,
while said officer is engaged in activities which are recognized by the
Department of State as being within the scope of the functions of such
officer.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to lobbying activity under the Lobbying Disclosure
Act of 1995 which occurs pursuant to contracts entered into on or after
the date of the enactment of this Act.
SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS LOBBYISTS UPON
MAKING ANY LOBBYING CONTACTS.
(a) Mandatory Disclosure at Time of Contact.--Section 14 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Requiring Identification at Time of Lobbying Contact.--Any
person or entity that makes a lobbying contact with a covered
legislative branch official or a covered executive branch official
shall, at the time of the lobbying contact--
``(1) indicate whether the person or entity is registered
under this chapter and identify the client on whose behalf the
lobbying contact is made; and
``(2) indicate whether such client is a foreign entity and
identify any foreign entity required to be disclosed under
section 4(b)(4) that has a direct interest in the outcome of
the lobbying activity.''; and
(2) by redesignating subsection (c) as subsection (b).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act.
Subtitle D--Recusal of Presidential Appointees
SEC. 7301. RECUSAL OF APPOINTEES.
Section 208 of title 18, United States Code, is amended by adding
at the end the following:
``(e)(1) Any officer or employee appointed by the President shall
recuse himself or herself from any particular matter involving specific
parties in which a party to that matter is--
``(A) the President who appointed the officer or
employee, which shall include any entity in which the
President has a substantial interest; or
``(B) the spouse of the President who appointed the
officer or employee, which shall include any entity in
which the spouse of the President has a substantial
interest.
``(2)(A) Subject to subparagraph (B), if an officer or employee is
recused under paragraph (1), a career appointee in the agency of the
officer or employee shall perform the functions and duties of the
officer or employee with respect to the matter.
``(B)(i) In this subparagraph, the term `Commission' means a board,
commission, or other agency for which the authority of the agency is
vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a matter
under paragraph (1) would result in there not being a statutorily
required quorum of members of the Commission available to participate
in the matter, notwithstanding such statute or any other provision of
law, the members of the Commission not recused under paragraph (1)
may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of the
Commission; or
``(III) designate an officer or employee of the Commission
who was not appointed by the President who appointed the member
of the Commission recused from the matter to exercise the
authorities and duties of the recused member with respect to
the matter.
``(3) Any officer or employee who violates paragraph (1) shall be
subject to the penalties set forth in section 216.
``(4) For purposes of this section, the term `particular matter'
shall have the meaning given the term in section 207(i).''.
Subtitle E--Clearinghouse on Lobbying Information
SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE.
(a) Establishment.--The Attorney General shall establish and
operate within the Department of Justice a clearinghouse through which
members of the public may obtain copies (including in electronic form)
of registration statements filed under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.).
(b) Format.--The Attorney General shall ensure that the information
in the clearinghouse established under this Act is maintained in a
searchable and sortable format.
(c) Agreements With Clerk of House and Secretary of the Senate.--
The Attorney General shall enter into such agreements with the Clerk of
the House of Representatives and the Secretary of the Senate as may be
necessary for the Attorney General to obtain registration statements
filed with the Clerk and the Secretary under the Lobbying Disclosure
Act of 1995 for inclusion in the clearinghouse.
Subtitle F--Severability
SEC. 7501. 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.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government
officers and employees.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal defense funds.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency ethics officials training and duties.
Sec. 8036. Prohibition on use of funds for certain Federal employee
travel in contravention of certain
regulations.
Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.
Subtitle I--Severability
Sec. 8081. Severability.
Subtitle A--Executive Branch Conflict of Interest
SEC. 8001. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch Conflict of
Interest Act''.
SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT
SERVICE.
Section 209 of title 18, United States Code, is amended--
(1) in subsection (a);
(A) by striking ``any salary'' and inserting ``any
salary (including a bonus)''; and
(B) by striking ``as compensation for his
services'' and inserting ``at any time, as compensation
for serving''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) For purposes of paragraph (1), a pension, retirement,
group life, health or accident insurance, profit-sharing, stock
bonus, or other employee welfare or benefit plan that makes
payment of any portion of compensation contingent on accepting
a position in the United States Government shall not be
considered bona fide.''.
SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES
``Sec. 601. Definitions
``In this title:
``(1) Covered agency.--The term `covered agency'--
``(A) means an Executive agency, as defined in
section 105 of title 5, United States Code, the Postal
Service and the Postal Rate Commission, but does not
include the Government Accountability Office or the
Government of the District of Columbia; and
``(B) shall include the Executive Office of the
President.
``(2) Covered employee.--The term `covered employee' means
an officer or employee referred to in paragraph (2) of section
207(c) or paragraph (1) of section 207(d) of title 18, United
States Code.
``(3) Director.--The term `Director' means the Director of
the Office of Government Ethics.
``(4) Executive branch.--The term `executive branch' has
the meaning given that term in section 109.
``(5) Former client.--The term `former client'--
``(A) means a person for whom a covered employee
served personally as an agent, attorney, or consultant
during the 2-year period ending on the date before the
date on which the covered employee begins service in
the Federal Government; and
``(B) does not include any agency or
instrumentality of the Federal Government.
``(6) Former employer.--The term `former employer'--
``(A) means a person for whom a covered employee
served as an employee, officer, director, trustee,
agent, attorney, consultant, or contractor during the
2-year period ending on the date before the date on
which the covered employee begins service in the
Federal Government; and
``(B) does not include--
``(i) an entity in the Federal Government,
including an executive branch agency;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(7) Particular matter.--The term `particular matter' has
the meaning given that term in section 207(i) of title 18,
United States Code.
``Sec. 602. Conflict of interest and eligibility standards
``(a) In General.--A covered employee may not participate
personally and substantially in a particular matter in which the
covered employee knows or reasonably should have known that a former
employer or former client of the covered employee has a financial
interest.
``(b) Waiver.--
``(1) In general.--
``(A) Agency heads.--With respect to the head of a
covered agency who is a covered employee, the
Designated Agency Ethics Official for the Executive
Office of the President, in consultation with the
Director, may grant a written waiver of the
restrictions under subsection (a) before the head
engages in the action otherwise prohibited by such
subsection if the Designated Agency Ethics Official for
the Executive Office of the President determines and
certifies in writing that, in light of all the relevant
circumstances, the interest of the Federal Government
in the head's participation outweighs the concern that
a reasonable person may question the integrity of the
agency's programs or operations.
``(B) Other covered employees.--With respect to any
covered employee not covered by subparagraph (A), the
head of the covered agency employing the covered
employee, in consultation with the Director, may grant
a written waiver of the restrictions under subsection
(a) before the covered employee engages in the action
otherwise prohibited by such subsection if the head of
the covered agency determines and certifies in writing
that, in light of all the relevant circumstances, the
interest of the Federal Government in the covered
employee's participation outweighs the concern that a
reasonable person may question the integrity of the
agency's programs or operations.
``(2) Publication.--For any waiver granted under paragraph
(1), the individual who granted the waiver shall--
``(A) provide a copy of the waiver to the Director
not more than 48 hours after the waiver is granted; and
``(B) publish the waiver on the website of the
applicable agency not more than 30 calendar days after
granting such waiver.
``(3) Review.--Upon receiving a written waiver under
paragraph (1)(A), the Director shall--
``(A) review the waiver to determine whether the
Director has any objection to the issuance of the
waiver; and
``(B) if the Director so objects--
``(i) provide reasons for the objection in
writing to the head of the agency who granted
the waiver not more than 15 calendar days after
the waiver was granted; and
``(ii) publish the written objection on the
website of the Office of Government Ethics not
more than 30 calendar days after the waiver was
granted.
``Sec. 603. Penalties and injunctions
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 602
shall be fined under title 18, United States Code, imprisoned
for not more than 1 year, or both.
``(2) Willful violations.--Any person who willfully
violates section 602 shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
``(b) Civil Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates, or whom the Attorney General
has reason to believe is engaging in conduct that violates,
section 602.
``(2) Civil penalty.--
``(A) In general.--If the court finds by a
preponderance of the evidence that a person violated
section 602, the court shall impose a civil penalty of
not more than the greater of--
``(i) $100,000 for each violation; or
``(ii) the amount of compensation the
person received or was offered for the conduct
constituting the violation.
``(B) Rule of construction.--A civil penalty under
this subsection may be in addition to any other
criminal or civil statutory, common law, or
administrative remedy available to the United States or
any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought under
paragraph (1) against a person, the Attorney General
may petition the court for an order prohibiting the
person from engaging in conduct that violates section
602.
``(B) Standard.--The court may issue an order under
subparagraph (A) if the court finds by a preponderance
of the evidence that the conduct of the person violates
section 602.
``(C) Rule of construction.--The filing of a
petition seeking injunctive relief under this paragraph
shall not preclude any other remedy that is available
by law to the United States or any other person.''.
SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT
FROM GOVERNMENT CONTRACTORS.
(a) Expansion of Prohibition on Acceptance by Former Officials of
Compensation From Contractors.--Section 2104 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or consultant'' and
inserting ``attorney, consultant,
subcontractor, or lobbyist''; and
(ii) by striking ``one year'' and inserting
``2 years''; and
(B) in paragraph (3), by striking ``personally made
for the Federal agency'' and inserting ``participated
personally and substantially in''; and
(2) by striking subsection (b) and inserting the following:
``(b) Prohibition on Compensation From Affiliates and
Subcontractors.--A former official responsible for a Government
contract referred to in paragraph (1), (2), or (3) of subsection (a)
may not accept compensation for 2 years after awarding the contract
from any division, affiliate, or subcontractor of the contractor.''.
(b) Requirement for Procurement Officers To Disclose Job Offers
Made to Relatives.--Section 2103(a) of title 41, United States Code, is
amended in the matter preceding paragraph (1) by inserting after ``that
official'' the following: ``, or for a relative (as defined in section
3110 of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of division B of subtitle I of
title 41, United States Code, is amended by adding at the end
the following new section:
``Sec. 2108. Prohibition on involvement by certain former contractor
employees in procurements
``An employee of the Federal Government may not participate
personally and substantially in any award of a contract to, or the
administration of a contract awarded to, a contractor that is a former
employer of the employee during the 2-year period beginning on the date
on which the employee leaves the employment of the contractor.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 21 of title 41, United States Code, is
amended by adding at the end the following new item:
``2108. Prohibition on involvement by certain former contractor
employees in procurements.''.
(d) Regulations.--The Director of the Office of Government Ethics,
in consultation with the Administrator of General Services, shall
promulgate regulations to carry out and ensure the enforcement of
chapter 21 of title 41, United States Code, as amended by this section.
(e) Monitoring and Compliance.--The Administrator of General
Services, in consultation with designated agency ethics officials (as
that term is defined in section 109(3) of the Ethics in Government Act
of 1978 (5 U.S.C. App.)), shall monitor compliance with such chapter 21
by individuals and agencies.
SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE
PRIVATE SECTOR.
(a) In General.--Subsection (c) of section 207 of title 18, United
States Code, is amended--
(1) in the subsection heading, by striking ``One-year'' and
inserting ``Two-year'';
(2) in paragraph (1)--
(A) by striking ``1 year'' in each instance and
inserting ``2 years''; and
(B) by inserting ``, or conducts any lobbying
activity to facilitate any communication to or
appearance before,'' after ``any communication to or
appearance before''; and
(3) in paragraph (2)(B), by striking ``1-year'' and
inserting ``2-year''.
(b) Application.--The amendments made by subsection (a) shall apply
to any individual covered by subsection (c) of section 207 of title 18,
United States Code, separating from the civil service on or after the
date of enactment of this Act.
SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall issue guidance on ethical standards applicable to unpaid
employees of an agency.
(b) Definitions.--In this section--
(1) the term ``agency'' includes the Executive Office of
the President and the White House; and
(2) the term ``unpaid employee'' includes any individual
occupying a position at an agency and who is unpaid by
operation of section 3110 of title 5, United States Code, or
any other provision of law, but does not include any employee
who is unpaid due to a lapse in appropriations.
SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT
BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND
EMPLOYEES.
(a) Limitation on Federal Funds.--Beginning in fiscal year 2022 and
in each fiscal year thereafter, no Federal funds may be obligated or
expended for purposes of procuring goods or services at any business
owned or controlled by a covered individual or any family member of
such an individual, unless such obligation or expenditure of funds is
authorized under the Presidential Protection Assistance Act of 1976
(Public Law 94-524).
(b) Prohibition on Contracts.--No Executive agency may enter into
or hold a contract with a business owned or controlled by a covered
individual or any family member of such an individual.
(c) Determination of Ownership.--For purposes of this section, a
business shall be deemed to be owned or controlled by a covered
individual or any family member of such an individual if the covered
individual or member of family (as the case may be)--
(1) is a member of the board of directors or similar
governing body of the business;
(2) directly or indirectly owns or controls more than 50
percent of the voting shares of the business; or
(3) is the beneficiary of a trust which owns or controls
more than 50 percent of the business and can direct
distributions under the terms of the trust.
(d) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) the President;
(B) the Vice President;
(C) the head of any Executive department (as that
term is defined in section 101 of title 5, United
States Code); and
(D) any individual occupying a position designated
by the President as a Cabinet-level position.
(2) Family member.--The term ``family member'' means an
individual with any of the following relationships to a covered
individual:
(A) Spouse, and parents thereof.
(B) Sons and daughters, and spouses thereof.
(C) Parents, and spouses thereof.
(D) Brothers and sisters, and spouses thereof.
(E) Grandparents and grandchildren, and spouses
thereof.
(F) Domestic partner and parents thereof, including
domestic partners of any individual in subparagraphs
(A) through (E).
(3) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
Subtitle B--Presidential Conflicts of Interest
SEC. 8011. SHORT TITLE.
This subtitle may be cited as the ``Presidential Conflicts of
Interest Act of 2021''.
SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT
AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF
INTEREST.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding after title VI (as added by section 8003)
the following:
``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE
PRESIDENT AND VICE PRESIDENT
``Sec. 701. Divestiture of financial interests posing a conflict of
interest
``(a) Applicability to the President and Vice President.--The
President and Vice President shall, within 30 days of assuming office,
divest of all financial interests that pose a conflict of interest
because the President or Vice President, the spouse, dependent child,
or general partner of the President or Vice President, or any person or
organization with whom the President or Vice President is negotiating
or has any arrangement concerning prospective employment, has a
financial interest, by--
``(1) converting each such interest to cash or other
investment that meets the criteria established by the Director
of the Office of Government Ethics through regulation as being
an interest so remote or inconsequential as not to pose a
conflict; or
``(2) placing each such interest in a qualified blind trust
as defined in section 102(f)(3) or a diversified trust under
section 102(f)(4)(B).
``(b) Disclosure Exemption.--Subsection (a) shall not apply if the
President or Vice President complies with section 102.''.
(b) Additional Disclosures.--Section 102(a) of the Ethics in
Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end
the following:
``(9) With respect to any such report filed by the
President or Vice President, for any corporation, company,
firm, partnership, or other business enterprise in which the
President, Vice President, or the spouse or dependent child of
the President or Vice President, has a significant financial
interest--
``(A) the name of each other person who holds a
significant financial interest in the firm,
partnership, association, corporation, or other entity;
``(B) the value, identity, and category of each
liability in excess of $10,000; and
``(C) a description of the nature and value of any
assets with a value of $10,000 or more.''.
(c) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall promulgate regulations to define the criteria required by section
701(a)(1) of the Ethics in Government Act of 1978 (as added by
subsection (a)) and the term ``significant financial interest'' for
purposes of section 102(a)(9) of the Ethics in Government Act (as added
by subsection (b)).
SEC. 8013. INITIAL FINANCIAL DISCLOSURE.
Subsection (a) of section 101 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``position'' and adding at
the end the following: ``position, with the exception of the President
and Vice President, who must file a new report.''.
SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
Vice President, Cabinet Member, or a'' after ``Contracts by'';
and
(2) in the first undesignated paragraph, by inserting ``the
President, Vice President, or any Cabinet member'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
SEC. 8015. LEGAL DEFENSE FUNDS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Government Ethics;
(2) the term ``legal defense fund'' means a trust--
(A) that has only one beneficiary;
(B) that is subject to a trust agreement creating
an enforceable fiduciary duty on the part of the
trustee to the beneficiary, pursuant to the applicable
law of the jurisdiction in which the trust is
established;
(C) that is subject to a trust agreement that
provides for the mandatory public disclosure of all
donations and disbursements;
(D) that is subject to a trust agreement that
prohibits the use of its resources for any purpose
other than--
(i) the administration of the trust;
(ii) the payment or reimbursement of legal
fees or expenses incurred in investigative,
civil, criminal, or other legal proceedings
relating to or arising by virtue of service by
the trust's beneficiary as an officer or
employee, as defined in this section, or as an
employee, contractor, consultant or volunteer
of the campaign of the President or Vice
President; or
(iii) the distribution of unused resources
to a charity selected by the trustee that has
not been selected or recommended by the
beneficiary of the trust;
(E) that is subject to a trust agreement that
prohibits the use of its resources for any other
purpose or personal legal matters, including tax
planning, personal injury litigation, protection of
property rights, divorces, or estate probate; and
(F) that is subject to a trust agreement that
prohibits the acceptance of donations, except in
accordance with this section and the regulations of the
Office of Government Ethics;
(3) the term ``lobbying activity'' has the meaning given
that term in section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602);
(4) the term ``officer or employee'' means--
(A) an officer (as that term is defined in section
2104 of title 5, United States Code) or employee (as
that term is defined in section 2105 of such title) of
the executive branch of the Government;
(B) the Vice President; and
(C) the President; and
(5) the term ``relative'' has the meaning given that term
in section 3110 of title 5, United States Code.
(b) Legal Defense Funds.--An officer or employee may not accept or
use any gift or donation for the payment or reimbursement of legal fees
or expenses incurred in investigative, civil, criminal, or other legal
proceedings relating to or arising by virtue of the officer or
employee's service as an officer or employee, as defined in this
section, or as an employee, contractor, consultant or volunteer of the
campaign of the President or Vice President except through a legal
defense fund that is certified by the Director of the Office of
Government Ethics.
(c) Limits on Gifts and Donations.--Not later than 120 days after
the date of the enactment of this Act, the Director shall promulgate
regulations establishing limits with respect to gifts and donations
described in subsection (b), which shall, at a minimum--
(1) prohibit the receipt of any gift or donation described
in subsection (b)--
(A) from a single contributor (other than a
relative of the officer or employee) in a total amount
of more than $5,000 during any calendar year;
(B) from a registered lobbyist;
(C) from a foreign government or an agent of a
foreign principal;
(D) from a State government or an agent of a State
government;
(E) from any person seeking official action from,
or seeking to do or doing business with, the agency
employing the officer or employee;
(F) from any person conducting activities regulated
by the agency employing the officer or employee;
(G) from any person whose interests may be
substantially affected by the performance or
nonperformance of the official duties of the officer or
employee;
(H) from an officer or employee of the executive
branch; or
(I) from any organization a majority of whose
members are described in (A)-(H); and
(2) require that a legal defense fund, in order to be
certified by the Director, only permit distributions to the
applicable officer or employee.
(d) Written Notice.--
(1) In general.--An officer or employee who wishes to
accept funds or have a representative accept funds from a legal
defense fund shall first ensure that the proposed trustee of
the legal defense fund submits to the Director the following
information:
(A) The name and contact information for any
proposed trustee of the legal defense fund.
(B) A copy of any proposed trust document for the
legal defense fund.
(C) The nature of the legal proceeding (or
proceedings), investigation or other matter which give
rise to the establishment of the legal defense fund.
(D) An acknowledgment signed by the officer or
employee and the trustee indicating that they will be
bound by the regulations and limitation under this
section.
(2) Approval.--An officer or employee may not accept any
gift or donation to pay, or to reimburse any person for, fees
or expenses described in subsection (b) of this section except
through a legal defense fund that has been certified in writing
by the Director following that office's receipt and approval of
the information submitted under paragraph (1) and approval of
the structure of the fund.
(e) Reporting.--
(1) In general.--An officer or employee who establishes a
legal defense fund may not directly or indirectly accept
distributions from a legal defense fund unless the fund has
provided the Director a quarterly report for each quarter of
every calendar year since the establishment of the legal
defense fund that discloses, with respect to the quarter
covered by the report--
(A) the source and amount of each contribution to
the legal defense fund; and
(B) the amount, recipient, and purpose of each
expenditure from the legal defense fund, including all
distributions from the trust for any purpose.
(2) Public availability.--The Director shall make publicly
available online--
(A) each report submitted under paragraph (1) in a
searchable, sortable, and downloadable form;
(B) each trust agreement and any amendment thereto;
(C) the written notice and acknowledgment required
by subsection (d); and
(D) the Director's written certification of the
legal defense fund.
(f) Recusal.--An officer or employee, other than the President and
the Vice President, who is the beneficiary of a legal defense fund may
not participate personally and substantially in any particular matter
in which the officer or employee knows a donor of any source of a gift
or donation to the legal defense fund established for the officer or
employee has a financial interest, for a period of 2 years from the
date of the most recent gift or donation to the legal defense fund.
Subtitle C--White House Ethics Transparency
SEC. 8021. SHORT TITLE.
This subtitle may be cited as the ``White House Ethics Transparency
Act of 2021''.
SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING TO ETHICS
REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law, not
later than 30 days after an officer or employee issues or approves a
waiver or authorization pursuant to section 3 of Executive Order No.
13770 (82 6 Fed. Reg. 9333), or any subsequent similar order, such
officer or employee shall--
(1) transmit a written copy of such waiver or authorization
to the Director of the Office of Government Ethics; and
(2) make a written copy of such waiver or authorization
available to the public on the website of the employing agency
of the covered employee.
(b) Retroactive Application.--In the case of a waiver or
authorization described in subsection (a) issued during the period
beginning on January 20, 2017, and ending on the date of enactment of
this Act, the issuing officer or employee of such waiver or
authorization shall comply with the requirements of paragraphs (1) and
(2) of such subsection not later than 30 days after the date of
enactment of this Act.
(c) Office of Government Ethics Public Availability.--Not later
than 30 days after receiving a written copy of a waiver or
authorization under subsection (a)(1), the Director of the Office of
Government Ethics shall make such waiver or authorization available to
the public on the website of the Office of Government Ethics.
(d) Report to Congress.--Not later than 45 days after the date of
enactment of this Act, the Director of the Office of Government Ethics
shall submit a report to Congress on the impact of the application of
subsection (b), including the name of any individual who received a
waiver or authorization described in subsection (a) and who, by
operation of subsection (b), submitted the information required by such
subsection.
(e) Definition of Covered Employee.--In this section, the term
``covered employee''--
(1) means a non-career Presidential or Vice Presidential
appointee, non-career appointee in the Senior Executive Service
(or other SES-type system), or an appointee to a position that
has been excepted from the competitive service by reason of
being of a confidential or policymaking character (Schedule C
and other positions excepted under comparable criteria) in an
executive agency; and
(2) does not include any individual appointed as a member
of the Senior Foreign Service or solely as a uniformed service
commissioned officer.
Subtitle D--Executive Branch Ethics Enforcement
SEC. 8031. SHORT TITLE.
This subtitle may be cited as the ``Executive Branch Comprehensive
Ethics Enforcement Act of 2021''.
SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS.
Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended by striking ``fiscal year 2007'' and inserting ``fiscal
years 2021 through 2025.''.
SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.
Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by striking the period at the end and inserting ``,
subject to removal only for inefficiency, neglect of duty, or
malfeasance in office. The Director may continue to serve beyond the
expiration of the term until a successor is appointed and has
qualified, except that the Director may not continue to serve for more
than one year after the date on which the term would otherwise expire
under this subsection.''.
SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS.
(a) In General.--Section 402(a) of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``, in consultation with
the Office of Personnel Management,''.
(b) Responsibilities of the Director.--Section 402(b) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) by striking ``developing, in consultation with
the Attorney General and the Office of Personnel
Management, rules and regulations to be promulgated by
the President or the Director'' and inserting
``developing and promulgating rules and regulations'';
and
(B) by striking ``title II'' and inserting ``title
I'';
(2) by striking paragraph (2) and inserting the following:
``(2) providing mandatory education and training programs
for designated agency ethics officials, which may be delegated
to each agency or the White House Counsel as deemed appropriate
by the Director;'';
(3) in paragraph (3), by striking ``title II'' and
inserting ``title I'';
(4) in paragraph (4), by striking ``problems'' and
inserting ``issues'';
(5) in paragraph (6)--
(A) by striking ``issued by the President or the
Director''; and
(B) by striking ``problems'' and inserting
``issues'';
(6) in paragraph (7)--
(A) by striking ``, when requested,''; and
(B) by striking ``conflict of interest problems''
and inserting ``conflicts of interest, as well as other
ethics issues'';
(7) in paragraph (9)--
(A) by striking ``ordering'' and inserting
``receiving allegations of violations of this Act or
regulations of the Office of Government Ethics and,
when necessary, investigating an allegation to
determine whether a violation occurred, and ordering'';
and
(B) by inserting before the semi-colon the
following: ``, and recommending appropriate
disciplinary action'';
(8) in paragraph (12)--
(A) by striking ``evaluating, with the assistance
of'' and inserting ``promulgating, with input from'';
(B) by striking ``the need for''; and
(C) by striking ``conflict of interest and ethical
problems'' and inserting ``conflict of interest and
ethics issues'';
(9) in paragraph (13)--
(A) by striking ``with the Attorney General'' and
inserting ``with the Inspectors General and the
Attorney General'';
(B) by striking ``violations of the conflict of
interest laws'' and inserting ``conflict of interest
issues and allegations of violations of ethics laws and
regulations and this Act''; and
(C) by striking ``, as required by section 535 of
title 28, United States Code'';
(10) in paragraph (14), by striking ``and'' at the end;
(11) in paragraph (15)--
(A) by striking ``, in consultation with the Office
of Personnel Management,'';
(B) by striking ``title II'' and inserting ``title
I''; and
(C) by striking the period at the end and inserting
a semicolon; and
(12) by adding at the end the following:
``(16) directing and providing final approval, when
determined appropriate by the Director, for designated agency
ethics officials regarding the resolution of conflicts of
interest as well as any other ethics issues under the purview
of this Act in individual cases; and
``(17) reviewing and approving, when determined appropriate
by the Director, any recusals, exemptions, or waivers from the
conflicts of interest and ethics laws, rules, and regulations
and making approved recusals, exemptions, and waivers made
publicly available by the relevant agency available in a
central location on the official website of the Office of
Government Ethics.''.
(c) Written Procedures.--Paragraph (1) of section 402(d) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``, by the exercise of any authority
otherwise available to the Director under this title,'';
(2) by striking ``the agency is''; and
(3) by inserting after ``filed by'' the following: ``, or
written documentation of recusals, waivers, or ethics
authorizations relating to,''.
(d) Corrective Actions.--Section 402(f) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1)--
(A) in clause (i) of subparagraph (A), by striking
``of such agency''; and
(B) in subparagraph (B), by inserting before the
period at the end ``and determine that a violation of
this Act has occurred and issue appropriate
administrative or legal remedies as prescribed in
paragraph (2)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (ii)--
(I) in subclause (I)--
(aa) by inserting ``to the
President or the President's
designee if the matter involves
employees of the Executive
Office of the President or''
after ``may recommend'';
(bb) by striking ``and'' at
the end; and
(II) in subclause (II)--
(aa) by inserting
``President or'' after
``determines that the''; and
(bb) by adding ``and'' at
the end;
(ii) in subclause (II) of clause (iii)--
(I) by striking ``notify, in
writing,'' and inserting ``advise the
President or order'';
(II) by inserting ``to take
appropriate disciplinary action
including reprimand, suspension,
demotion, or dismissal against the
officer or employee (provided, however,
that any order issued by the Director
shall not affect an employee's right to
appeal a disciplinary action under
applicable law, regulation, collective
bargaining agreement, or contractual
provision).'' after ``employee's
agency''; and
(III) by striking ``of the
officer's or employee's noncompliance,
except that, if the officer or employee
involved is the agency head, the
notification shall instead be submitted
to the President; and''; and
(iii) by striking clause (iv);
(B) in subparagraph (B)(i)--
(i) by striking ``subparagraph (A)(iii) or
(iv)'' and inserting ``subparagraph (A)'';
(ii) by inserting ``(I)'' before ``In order
to''; and
(iii) by adding at the end the following:
``(II)(aa) The Director may secure
directly from any agency information
necessary to enable the Director to
carry out this Act. Upon request of the
Director, the head of such agency shall
furnish that information to the
Director.
``(bb) The Director may
require by subpoena the
production of all information,
documents, reports, answers,
records, accounts, papers, and
other data in any medium and
documentary evidence necessary
in the performance of the
functions assigned by this Act,
which subpoena, in the case of
refusal to obey, shall be
enforceable by order of any
appropriate United States
district court.'';
(C) in subparagraph (B)(ii)(I)--
(i) by striking ``Subject to clause (iv) of
this subparagraph, before'' and inserting
``Before''; and
(ii) by striking ``subparagraphs (A) (iii)
or (iv)'' and inserting ``subparagraph
(A)(iii)'';
(D) in subparagraph (B)(iii), by striking ``Subject
to clause (iv) of this subparagraph, before'' and
inserting ``Before''; and
(E) in subparagraph (B)(iv)--
(i) by striking ``title 2'' and inserting
``title I''; and
(ii) by striking ``section 206'' and
inserting ``section 106''; and
(3) in paragraph (4), by striking ``(iv),''.
(e) Definitions.--Section 402 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
``(g) For purposes of this title--
``(1) the term `agency' shall include the Executive Office
of the President; and
``(2) the term `officer or employee' shall include any
individual occupying a position, providing any official
services, or acting in an advisory capacity, in the White House
or the Executive Office of the President.
``(h) In this title, a reference to the head of an agency shall
include the President or the President's designee.
``(i) The Director shall not be required to obtain the prior
approval, comment, or review of any officer or agency of the United
States, including the Office of Management and Budget, before
submitting to Congress, or any committee or subcommittee thereof, any
information, reports, recommendations, testimony, or comments, if such
submissions include a statement indicating that the views expressed
therein are those of the Director and do not necessarily represent the
views of the President.''.
SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES.
(a) In General.--Section 403 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a), by adding a period at the end of the
matter following paragraph (2); and
(2) by adding at the end the following:
``(c)(1) All designated agency ethics officials and alternate
designated agency ethics officials shall register with the Director as
well as with the appointing authority of the official.
``(2) The Director shall provide ethics education and
training to all designated and alternate designated agency
ethics officials in a time and manner deemed appropriate by the
Director.
``(3) Each designated agency ethics official and each
alternate designated agency ethics official shall biannually
attend ethics education and training, as provided by the
Director under paragraph (2).
``(d) Each Designated Agency Ethics Official, including the
Designated Agency Ethics Official for the Executive Office of the
President--
``(1) shall provide to the Director, in writing, in a
searchable, sortable, and downloadable format, all approvals,
authorizations, certifications, compliance reviews,
determinations, directed divestitures, public financial
disclosure reports, notices of deficiency in compliance,
records related to the approval or acceptance of gifts,
recusals, regulatory or statutory advisory opinions, waivers,
including waivers under section 207 or 208 of title 18, United
States Code, and any other records designated by the Director,
unless disclosure is prohibited by law;
``(2) shall, for all information described in paragraph (1)
that is permitted to be disclosed to the public under law, make
the information available to the public by publishing the
information on the website of the Office of Government Ethics,
providing a link to download an electronic copy of the
information, or providing printed paper copies of such
information to the public; and
``(3) may charge a reasonable fee for the cost of providing
paper copies of the information pursuant to paragraph (2).
``(e)(1) For all information that is provided by an agency to the
Director under paragraph (1) of subsection (d), the Director shall make
the information available to the public in a searchable, sortable,
downloadable format by publishing the information on the website of the
Office of Government Ethics or providing a link to download an
electronic copy of the information.
``(2) The Director may, upon request, provide printed paper copies
of the information published under paragraph (1) and charge a
reasonable fee for the cost of printing such copies.''.
(b) Repeal.--Section 408 of the Ethics in Government Act of 1978 (5
U.S.C. App.) is hereby repealed.
SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE
TRAVEL IN CONTRAVENTION OF CERTAIN REGULATIONS.
(a) In General.--Beginning on the date of enactment of this Act, no
Federal funds appropriated or otherwise made available in any fiscal
year may be used for the travel expenses of any senior Federal official
in contravention of sections 301-10.260 through 301-10.266 of title 41,
Code of Federal Regulations, or any successor regulation.
(b) Quarterly Report on Travel.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act and every 90 days thereafter, the head of
each Federal agency shall submit a report to the Committee on
Oversight and Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate detailing travel on Government aircraft by any senior
Federal official employed at the applicable agency.
(2) Application.--Any report required under paragraph (1)
shall not include any classified travel, and nothing in this
Act shall be construed to supersede, alter, or otherwise affect
the application of section 101-37.408 of title 41, Code of
Federal Regulations, or any successor regulation.
(c) Travel Regulation Report.--Not later than 1 year after
enactment of this Act, the Director of the Office of Government Ethics
shall submit a report to Congress detailing suggestions on
strengthening Federal travel regulations. On the date such report is so
submitted, the Director shall publish such report on the Office's
public website.
(d) Senior Federal Official Defined.--In this section, the term
``senior Federal official'' has the meaning given that term in section
101-37.100 of title 41, Code of Federal Regulations, as in effect on
the date of enactment of this Act, and includes any senior executive
branch official (as that term is defined in such section).
SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense, in consultation with the Secretary of the Air Force, shall
submit to the Chairman and Ranking Member of the Committee on Armed
Services of the House of Representatives a report detailing the direct
and indirect costs to the Department of Defense in support of
Presidential travel. Each such report shall include costs incurred for
travel to a property owned or operated by the individual serving as
President or an immediate family member of such individual.
(b) Immediate Family Member Defined.--In this section, the term
``immediate family member'' means the spouse of such individual, the
adult or minor child of such individual, or the spouse of an adult
child of such individual.
SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFICIAL TRAVEL.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the Chairman and Ranking Member of the
Committee on Armed Services of the House of Representatives a report
detailing the direct and indirect costs to the Department of Defense in
support of travel by senior Federal officials on military aircraft.
Each such report shall include whether spousal travel furnished by the
Department was reimbursed to the Federal Government.
(b) Exception.--Required use travel, as outlined in Department of
Defense Directive 4500.56, shall not be included in reports under
subsection (a).
(c) Senior Federal Official Defined.--In this section, the term
``senior Federal official'' has the meaning given that term in section
8036(d).
Subtitle E--Conflicts From Political Fundraising
SEC. 8041. SHORT TITLE.
This subtitle may be cited as the ``Conflicts from Political
Fundraising Act of 2021''.
SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.
(a) Definitions.--Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraphs (2) through (19) as
paragraphs (5) through (22), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) `covered contribution' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of
value--
``(A)(i) that--
``(I) is--
``(aa) made by or on behalf of a
covered individual; or
``(bb) solicited in writing by or
at the request of a covered individual;
and
``(II) is made--
``(aa) to a political organization,
as defined in section 527 of the
Internal Revenue Code of 1986; or
``(bb) to an organization--
``(AA) that is described in
paragraph (4) or (6) of section
501(c) of the Internal Revenue
Code of 1986 and exempt from
tax under section 501(a) of
such Code; and
``(BB) that promotes or
opposes changes in Federal laws
or regulations that are (or
would be) administered by the
agency in which the covered
individual has been nominated
for appointment to a covered
position or is serving in a
covered position; or
``(ii) that is--
``(I) solicited in writing by or on behalf
of a covered individual; and
``(II) made--
``(aa) by an individual or entity
the activities of which are subject to
Federal laws or regulations that are
(or would be) administered by the
agency in which the covered individual
has been nominated for appointment to a
covered position or is serving in a
covered position; and
``(bb) to--
``(AA) a political
organization, as defined in
section 527 of the Internal
Revenue Code of 1986; or
``(BB) an organization that
is described in paragraph (4)
or (6) of section 501(c) of the
Internal Revenue Code of 1986
and exempt from tax under
section 501(a) of such Code;
and
``(B) that is made to an organization described in
item (aa) or (bb) of clause (i)(II) or clause
(ii)(II)(bb) of subparagraph (A) for which the total
amount of such payments, advances, forbearances,
renderings, or deposits of money, or any thing of
value, during the calendar year in which it is made is
not less than the contribution limitation in effect
under section 315(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for
elections occurring during such calendar year;
``(3) `covered individual' means an individual who has been
nominated or appointed to a covered position; and
``(4) `covered position'--
``(A) means--
``(i) a position described under sections
5312 through 5316 of title 5, United States
Code;
``(ii) a position placed in level IV or V
of the Executive Schedule under section 5317 of
title 5, United States Code;
``(iii) a position as a limited term
appointee, limited emergency appointee, or
noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6),
and (7), respectively, of section 3132(a) of
title 5, United States Code;
``(iv) a position in the executive branch
of the Government of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5 of the Code of
Federal Regulations; and
``(v) a chief of mission (as defined in
section 102(a)(3) of the Foreign Service Act of
1980); and
``(B) does not include a position if the individual
serving in the position has been excluded from the
application of section 101(f)(5);''.
(b) Disclosure Requirements.--The Ethics in Government Act of 1978
(5 U.S.C. App.) is amended--
(1) in section 101--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Within'';
(ii) by striking ``unless'' and inserting
``and, if the individual is assuming a covered
position, the information described in section
102(j), except that, subject to paragraph (2),
the individual shall not be required to file a
report if''; and
(iii) by adding at the end the following:
``(2) If an individual has left a position described in subsection
(f) that is not a covered position and, within 30 days, assumes a
position that is a covered position, the individual shall, within 30
days of assuming the covered position, file a report containing the
information described in section 102(j)(2)(A).'';
(B) in subsection (b)(1), in the first sentence, by
inserting ``and the information required by section
102(j)'' after ``described in section 102(b)'';
(C) in subsection (d), by inserting ``and, if the
individual is serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(D) in subsection (e), by inserting ``and, if the
individual was serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(2) in section 102--
(A) in subsection (g), by striking ``Political
campaign funds'' and inserting ``Except as provided in
subsection (j), political campaign funds''; and
(B) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to a report filed pursuant to
subsection (a) or (b) of section 101, the year of
filing and the 4 calendar years preceding the year of
the filing; and
``(ii) with respect to a report filed pursuant to
subsection (d) or (e) of section 101, the preceding
calendar year; and
``(B) the term `covered gift' means a gift that--
``(i) is made to a covered individual, the spouse
of a covered individual, or the dependent child of a
covered individual;
``(ii) is made by an entity described in item (aa)
or (bb) of section 109(2)(A)(i)(II); and
``(iii) would have been required to be reported
under subsection (a)(2) if the covered individual had
been required to file a report under section 101(d)
with respect to the calendar year during which the gift
was made.
``(2)(A) A report filed pursuant to subsection (a), (b), (d), or
(e) of section 101 by a covered individual shall include, for each
covered contribution during the applicable period--
``(i) the date on which the covered contribution was made;
``(ii) if applicable, the date or dates on which the
covered contribution was solicited;
``(iii) the value of the covered contribution;
``(iv) the name of the person making the covered
contribution; and
``(v) the name of the person receiving the covered
contribution.
``(B)(i) Subject to clause (ii), a covered contribution made by or
on behalf of, or that was solicited in writing by or on behalf of, a
covered individual shall constitute a conflict of interest, or an
appearance thereof, with respect to the official duties of the covered
individual.
``(ii) The Director of the Office of Government Ethics may exempt a
covered contribution from the application of clause (i) if the Director
determines the circumstances of the solicitation and making of the
covered contribution do not present a risk of a conflict of interest
and the exemption of the covered contribution would not affect
adversely the integrity of the Government or the public's confidence in
the integrity of the Government.
``(3) A report filed pursuant to subsection (a) or (b) of section
101 by a covered individual shall include the information described in
subsection (a)(2) with respect to each covered gift received during the
applicable period.''.
(c) Provision of Reports and Ethics Agreements to Congress.--
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) Not later than 30 days after receiving a written request from
the Chairman or Ranking Member of a committee or subcommittee of either
House of Congress, the Director of the Office of Government Ethics
shall provide to the Chairman and Ranking Member each report filed
under this title by the covered individual and any ethics agreement
entered into between the agency and the covered individual.''.
(d) Rules on Ethics Agreements.--The Director of the Office of
Government Ethics shall promptly issue rules regarding how an agency in
the executive branch shall address information required to be disclosed
under the amendments made by this subtitle in drafting ethics
agreements between the agency and individuals appointed to positions in
the agency.
(e) Technical and Conforming Amendments.--
(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(A) in section 101(f)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)'';
(iii) in paragraph (11), by striking
``section 109(10)'' and inserting ``section
109(13)''; and
(iv) in paragraph (12), by striking
``section 109(8)'' and inserting ``section
109(11)'';
(B) in section 103(l)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
and
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)''; and
(C) in section 105(b)(3)(A), by striking ``section
109(8) or 109(10)'' and inserting ``section 109(11) or
109(13)''.
(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13)'' and inserting ``section 109(16)''.
(3) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 109(11) of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(11)))'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.))''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking
``section 109(8) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(8))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''; and
(ii) in subparagraph (C), by striking
``section 109(10) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(10))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''.
(4) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of
the Ethics in Government Act of 1978'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.
Subtitle F--Transition Team Ethics
SEC. 8051. SHORT TITLE.
This subtitle may be cited as the ``Transition Team Ethics
Improvement Act''.
SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) in section 3(f), by adding at the end the following:
``(3) Not later than 10 days after submitting an application for a
security clearance for any individual, and not later than 10 days after
any such individual is granted a security clearance (including an
interim clearance), each eligible candidate (as that term is described
in subsection (h)(4)(A)) or the President-elect (as the case may be)
shall submit a report containing the name of such individual to the
Committee on Oversight and Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate.''; and
(2) in section 6(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) a list of all positions each transition team member
has held outside the Federal Government for the previous 12-
month period, including paid and unpaid positions;
``(D) sources of compensation for each transition team
member exceeding $5,000 a year for the previous 12-month
period;
``(E) a description of the role of each transition team
member, including a list of any policy issues that the member
expects to work on, and a list of agencies the member expects
to interact with, while serving on the transition team;
``(F) a list of any issues from which each transition team
member will be recused while serving as a member of the
transition team pursuant to the transition team ethics plan
outlined in section 4(g)(3); and
``(G) an affirmation that no transition team member has a
financial conflict of interest that precludes the member from
working on the matters described in subparagraph (E).'';
(B) in paragraph (2), by inserting ``not later than
2 business days'' after ``public''; and
(C) by adding at the end the following:
``(3) The head of a Federal department or agency, or their
designee, shall not permit access to the Federal department or agency,
or employees of such department or agency, that would not be provided
to a member of the public for any transition team member who does not
make the disclosures listed under paragraph (1).''.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
SEC. 8061. SHORT TITLE.
This subtitle may be cited as the ``Ethics in Public Service Act''.
SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH
EMPLOYEES.
The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is
amended by inserting after title I the following new title:
``TITLE II--ETHICS PLEDGE
``SEC. 201. DEFINITIONS.
``For the purposes of this title, the following definitions apply:
``(1) The term `executive agency' has the meaning given
that term in section 105 of title 5, United States Code, and
includes the Executive Office of the President, the United
States Postal Service, and Postal Regulatory Commission, but
does not include the Government Accountability Office.
``(2) The term `appointee' means any noncareer Presidential
or Vice-Presidential appointee, noncareer appointee in the
Senior Executive Service (or other SES-type system), or
appointee to a position that has been excepted from the
competitive service by reason of being of a confidential or
policymaking character (Schedule C and other positions excepted
under comparable criteria) in an executive agency, but does not
include any individual appointed as a member of the Senior
Foreign Service or solely as a uniformed service commissioned
officer.
``(3) The term `gift'--
``(A) has the meaning given that term in section
2635.203(b) of title 5, Code of Federal Regulations (or
any successor regulation); and
``(B) does not include those items excluded by
sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k),
and (l) of such title 5.
``(4) The term `covered executive branch official' and
`lobbyist' have the meanings given those terms in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
``(5) The term `registered lobbyist or lobbying
organization' means a lobbyist or an organization filing a
registration pursuant to section 4(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of
an organization filing such a registration, `registered
lobbyist' includes each of the lobbyists identified therein.
``(6) The term `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(7) The term `former employer'--
``(A) means a person or entity for whom an
appointee served as an employee, officer, director,
trustee, partner, agent, attorney, consultant, or
contractor during the 2-year period ending on the date
before the date on which the covered employee begins
service in the Federal Government; and
``(B) does not include--
``(i) an agency or instrumentality of the
Federal Government;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(8) The term `former client' means a person or entity for
whom an appointee served personally as agent, attorney, or
consultant during the 2-year period ending on the date before
the date on which the covered employee begins service in the
Federal Government, but does not include an agency or
instrumentality of the Federal Government.
``(9) The term `directly and substantially related to my
former employer or former clients' means matters in which the
appointee's former employer or a former client is a party or
represents a party.
``(10) The term `participate' means to participate
personally and substantially.
``(11) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18, United
States Code, and the implementing regulations.
``(12) The term `Government official' means any employee of
the executive branch.
``(13) The term `Administration' means all terms of office
of the incumbent President serving at the time of the
appointment of an appointee covered by this title.
``(14) The term `pledge' means the ethics pledge set forth
in section 202 of this title.
``(15) All references to provisions of law and regulations
shall refer to such provisions as in effect on the date of
enactment of this title.
``SEC. 202. ETHICS PLEDGE.
``Each appointee in every executive agency appointed on or after
the date of enactment of this section shall be required to sign an
ethics pledge upon appointment. The pledge shall be signed and dated
within 30 days of taking office and shall include, at a minimum, the
following elements:
```As a condition, and in consideration, of my employment in the
United States Government in a position invested with the public trust,
I commit myself to the following obligations, which I understand are
binding on me and are enforceable under law:
```(1) Lobbyist Gift Ban.--I will not accept gifts from
registered lobbyists or lobbying organizations for the duration
of my service as an appointee.
```(2) Revolving Door Ban; Entering Government.--
```(A) All Appointees Entering Government.--I will
not, for a period of 2 years from the date of my
appointment, participate in any particular matter
involving specific party or parties that is directly
and substantially related to my former employer or
former clients, including regulations and contracts.
```(B) Lobbyists Entering Government.--If I was a
registered lobbyist within the 2 years before the date
of my appointment, in addition to abiding by the
limitations of subparagraph (A), I will not for a
period of 2 years after the date of my appointment--
```(i) participate in any particular matter
on which I lobbied within the 2 years before
the date of my appointment;
```(ii) participate in the specific issue
area in which that particular matter falls; or
```(iii) seek or accept employment with any
executive agency that I lobbied within the 2
years before the date of my appointment.
```(3) Revolving Door Ban; Appointees Leaving Government.--
```(A) All Appointees Leaving Government.--If, upon
my departure from the Government, I am covered by the
post-employment restrictions on communicating with
employees of my former executive agency set forth in
section 207(c) of title 18, United States Code, I agree
that I will abide by those restrictions for a period of
2 years following the end of my appointment.
```(B) Appointees Leaving Government to Lobby.--In
addition to abiding by the limitations of subparagraph
(A), I also agree, upon leaving Government service, not
to lobby any covered executive branch official or
noncareer Senior Executive Service appointee for the
remainder of the Administration.
```(4) Employment Qualification Commitment.--I agree that
any hiring or other employment decisions I make will be based
on the candidate's qualifications, competence, and experience.
```(5) Assent to Enforcement.--I acknowledge that title II
of the Ethics in Government Act of 1978, which I have read
before signing this document, defines certain of the terms
applicable to the foregoing obligations and sets forth the
methods for enforcing them. I expressly accept the provisions
of that title as a part of this agreement and as binding on me.
I understand that the terms of this pledge are in addition to
any statutory or other legal restrictions applicable to me by
virtue of Federal Government service.' .
``SEC. 203. WAIVER.
``(a) The President or the President's designee may grant to any
current or former appointee a written waiver of any restrictions
contained in the pledge signed by such appointee if, and to the extent
that, the President or the President's designee certifies (in writing)
that, in light of all the relevant circumstances, the interest of the
Federal Government in the employee's participation outweighs the
concern that a reasonable person may question the integrity of the
agency's programs or operations.
``(b) Any waiver under this section shall take effect when the
certification is signed by the President or the President's designee.
``(c) For purposes of subsection (a)(2), the public interest shall
include exigent circumstances relating to national security or to the
economy. De minimis contact with an executive agency shall be cause for
a waiver of the restrictions contained in paragraph (2)(B) of the
pledge.
``(d) For any waiver granted under this section, the individual who
granted the waiver shall--
``(1) provide a copy of the waiver to the Director not more
than 48 hours after the waiver is granted; and
``(2) publish the waiver on the website of the applicable
agency not later than 30 calendar days after granting such
waiver.
``(e) Upon receiving a written waiver under subsection (d), the
Director shall--
``(1) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(2) if the Director so objects--
``(A) provide reasons for the objection in writing
to the head of the agency who granted the waiver not
more than 15 calendar days after the waiver was
granted; and
``(B) publish the written objection on the website
of the Office of Government Ethics not more than 30
calendar days after the waiver was granted.
``SEC. 204. ADMINISTRATION.
``(a) The head of each executive agency shall, in consultation with
the Director of the Office of Government Ethics, establish such rules
or procedures (conforming as nearly as practicable to the agency's
general ethics rules and procedures, including those relating to
designated agency ethics officers) as are necessary or appropriate to
ensure--
``(1) that every appointee in the agency signs the pledge
upon assuming the appointed office or otherwise becoming an
appointee;
``(2) that compliance with paragraph (2)(B) of the pledge
is addressed in a written ethics agreement with each appointee
to whom it applies;
``(3) that spousal employment issues and other conflicts
not expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
``(4) compliance with this title within the agency.
``(b) With respect to the Executive Office of the President, the
duties set forth in subsection (a) shall be the responsibility of the
Counsel to the President.
``(c) The Director of the Office of Government Ethics shall--
``(1) ensure that the pledge and a copy of this title are
made available for use by agencies in fulfilling their duties
under subsection (a);
``(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officers in providing advice to current or former
appointees regarding the application of the pledge;
``(3) adopt such rules or procedures as are necessary or
appropriate--
``(A) to carry out the responsibilities assigned by
this subsection;
``(B) to apply the lobbyist gift ban set forth in
paragraph 1 of the pledge to all executive branch
employees;
``(C) to authorize limited exceptions to the
lobbyist gift ban for circumstances that do not
implicate the purposes of the ban;
``(D) to make clear that no person shall have
violated the lobbyist gift ban if the person properly
disposes of a gift;
``(E) to ensure that existing rules and procedures
for Government employees engaged in negotiations for
future employment with private businesses that are
affected by their official actions do not affect the
integrity of the Government's programs and operations;
and
``(F) to ensure, in consultation with the Director
of the Office of Personnel Management, that the
requirement set forth in paragraph (4) of the pledge is
honored by every employee of the executive branch;
``(4) in consultation with the Director of the Office of
Management and Budget, report to the President, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of
the Senate on whether full compliance is being achieved with
existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive
branch can take to expand to the fullest extent practicable
disclosure of such executive branch procurement lobbying and of
lobbying for presidential pardons, and to include in the report
both immediate action the executive branch can take and, if
necessary, recommendations for legislation; and
``(5) provide an annual public report on the administration
of the pledge and this title.
``(d) All pledges signed by appointees, and all waiver
certifications with respect thereto, shall be filed with the head of
the appointee's agency for permanent retention in the appointee's
official personnel folder or equivalent folder.''.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
SEC. 8071. SHORT TITLE.
This subtitle may be cited as the ``Stop Waste And Misuse by
Presidential Flyers Landing Yet Evading Rules and Standards'' or the
``SWAMP FLYERS''.
SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT.
(a) In General.--Beginning on the date of enactment of this
subtitle, no Federal funds appropriated or otherwise made available in
any fiscal year may be used to pay the travel expenses of any senior
political appointee for travel on official business on a non-
commercial, private, or chartered flight.
(b) Exceptions.--The limitation in subsection (a) shall not apply--
(1) if no commercial flight was available for the travel in
question, consistent with subsection (c); or
(2) to any travel on aircraft owned or leased by the
Government.
(c) Certification.--
(1) In general.--Any senior political appointee who travels
on a non-commercial, private, or chartered flight under the
exception provided in subsection (b)(1) shall, not later than
30 days after the date of such travel, submit a written
statement to Congress certifying that no commercial flight was
available.
(2) Penalty.--Any statement submitted under paragraph (1)
shall be considered a statement for purposes of applying
section 1001 of title 18, United States Code.
(d) Definition of Senior Political Appointee.--In this subtitle,
the term ``senior political appointee'' means any individual
occupying--
(1) a position listed under the Executive Schedule
(subchapter II of chapter 53 of title 5, United States Code);
(2) a Senior Executive Service position that is not a
career appointee as defined under section 3132(a)(4) of such
title; or
(3) a position of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations.
Subtitle I--Severability
SEC. 8081. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this title and the amendments made by this title, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards
under Congressional Accountability Act of
1995 in all cases of employment
discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are
registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
Sec. 9401. Reports on outside compensation earned by congressional
employees.
Subtitle F--Severability
Sec. 9501. Severability.
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR
AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER
CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF
EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS.
(a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C))
is amended to read as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(b) Conforming Amendment Relating to Notification of Possibility of
Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended to read
as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995 Reform Act.
Subtitle B--Conflicts of Interests
SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM SERVING
ON BOARDS OF FOR-PROFIT ENTITIES.
Rule XXIII of the Rules of the House of Representatives is
amended--
(1) by redesignating clause 22 as clause 23; and
(2) by inserting after clause 21 the following new clause:
``22. A Member, Delegate, or Resident Commissioner may not serve on
the board of directors of any for-profit entity.''.
SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND
CONGRESSIONAL STAFF.
No Member, officer, or employee of a committee or Member of either
House of Congress may knowingly use his or her official position to
introduce or aid the progress or passage of legislation, a principal
purpose of which is to further only his or her pecuniary interest, only
the pecuniary interest of his or her immediate family, or only the
pecuniary interest of a limited class of persons or enterprises, when
he or she, or his or her immediate family, or enterprises controlled by
them, are members of the affected class.
SEC. 9103. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
Subtitle C--Campaign Finance and Lobbying Disclosure
SEC. 9201. SHORT TITLE.
This subtitle may be cited as the ``Connecting Lobbyists and
Electeds for Accountability and Reform Act'' or the ``CLEAR Act''.
SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL
ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED
LOBBYISTS.
(a) Reports Filed by Political Committees.--Section 304(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if any person identified in subparagraph (A), (E),
(F), or (G) of paragraph (3) is a registered lobbyist under the
Lobbying Disclosure Act of 1995, a separate statement that such
person is a registered lobbyist under such Act.''.
(b) Reports Filed by Persons Making Independent Expenditures.--
Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) if the person filing the statement, or a person whose
identification is required to be disclosed under subparagraph
(C), is a registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person is a registered
lobbyist under such Act.''.
(c) Reports Filed by Persons Making Disbursements for
Electioneering Communications.--Section 304(f)(2) of such Act (52
U.S.C. 30104(f)(2)) is amended by adding at the end the following new
subparagraph:
``(G) If the person making the disbursement, or a
contributor described in subparagraph (E) or (F), is a
registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person or
contributor is a registered lobbyist under such Act.''.
(d) Requiring Commission To Establish Link to Websites of Clerk of
House and Secretary of Senate.--Section 304 of such Act (52 U.S.C.
30104), as amended by section 4002 and section 4208(a), is amended by
adding at the end the following new subsection:
``(l) Requiring Information on Registered Lobbyists To Be Linked to
Websites of Clerk of House and Secretary of Senate.--
``(1) Links to websites.--The Commission shall ensure that
the Commission's public database containing information
described in paragraph (2) is linked electronically to the
websites maintained by the Secretary of the Senate and the
Clerk of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995.
``(2) Information described.--The information described in
this paragraph is each of the following:
``(A) Information disclosed under paragraph (9) of
subsection (b).
``(B) Information disclosed under subparagraph (D)
of subsection (c)(2).
``(C) Information disclosed under subparagraph (G)
of subsection (f)(2).''.
SEC. 9203. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
reports required to be filed under the Federal Election Campaign Act of
1971 on or after the expiration of the 90-day period which begins on
the date of the enactment of this Act.
Subtitle D--Access to Congressionally Mandated Reports
SEC. 9301. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 9302. DEFINITIONS.
In this subtitle:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required to be submitted
to either House of Congress or any committee of
Congress, or subcommittee thereof, by a statute,
resolution, or conference report that accompanies
legislation enacted into law; and
(B) does not include a report required under part B
of subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
(4) Open format.--The term ``open format'' means a file
format for storing digital data based on an underlying open
standard that--
(A) is not encumbered by any restrictions that
would impede reuse; and
(B) is based on an underlying open data standard
that is maintained by a standards organization.
(5) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
9303(a).
SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain an online portal accessible by the public that allows
the public to obtain electronic copies of all congressionally
mandated reports in one place. The Director may publish other
reports on the online portal.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian
of Congress regarding the requirements for and maintenance of
congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute, conference report,
or resolution requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) The statute, resolution, or conference
report requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for
the report that is consistent across report
editions.
(viii) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information
specified by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to
the reports online portal.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by section 9304.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection
(b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that is not in an
open format, the Director shall include the congressionally
mandated report in another format on the reports online portal.
(d) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(e) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes of this
subtitle.
SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Concurrently with
the submission to Congress of each congressionally mandated report, the
head of the Federal agency submitting the congressionally mandated
report shall submit to the Director the information required under
subparagraphs (A) through (D) of section 9303(b)(1) with respect to the
congressionally mandated report. Nothing in this subtitle shall relieve
a Federal agency of any other requirement to publish the
congressionally mandated report on the online portal of the Federal
agency or otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of enactment
of this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this subtitle.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the open format criteria established by
the Director in the guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated report.
(e) List of Reports.--As soon as practicable each calendar year
(but not later than April 1), and on a rolling basis during the year if
feasible, the Librarian of Congress shall submit to the Director a list
of congressionally mandated reports from the previous calendar year, in
consultation with the Clerk of the House of Representatives, which
shall--
(1) be provided in an open format;
(2) include the information required under clauses (i),
(ii), (iv), and (v) of section 9303(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.
SEC. 9305. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the reports online portal may
only be changed or removed, with the exception of technical changes, by
the head of the Federal agency concerned if--
(1) the head of the Federal agency consults with each
congressional committee to which the report is submitted; and
(2) Congress enacts a joint resolution authorizing the
changing or removal of the report.
SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information or records that
are exempt from public disclosure under section 552 of title 5,
United States Code; or
(2) to impose any affirmative duty on the Director to
review congressionally mandated reports submitted for
publication to the reports online portal for the purpose of
identifying and redacting such information or records.
(b) Redaction of Information.--The head of a Federal agency may
redact information required to be disclosed under this subtitle if the
information would be properly withheld from disclosure under section
552 of title 5, United States Code, and shall--
(1) redact information required to be disclosed under this
subtitle if disclosure of such information is prohibited by
law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under
this subsection from the submission of information or from any
congressionally mandated report submitted under this subtitle;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction
is made.
SEC. 9307. IMPLEMENTATION.
Except as provided in section 9304(b), this subtitle shall be
implemented not later than 1 year after the date of enactment of this
Act and shall apply with respect to congressionally mandated reports
submitted to Congress on or after the date that is 1 year after such
date of enactment.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY CONGRESSIONAL
EMPLOYEES.
(a) Reports.--The supervisor of an individual who performs services
for any Member, committee, or other office of the Senate or House of
Representatives for a period in excess of four weeks and who receives
compensation therefor from any source other than the Federal Government
shall submit a report identifying the identity of the source, amount,
and rate of such compensation to--
(1) the Select Committee on Ethics of the Senate, in the
case of an individual who performs services for a Member,
committee, or other office of the Senate; or
(2) the Committee on Ethics of the House of
Representatives, in the case of an individual who performs
services for a Member (including a Delegate or Resident
Commissioner to the Congress), committee, or other office of
the House.
(b) Timing.--The supervisor shall submit the report required under
subsection (a) with respect to an individual--
(1) when such individual first begins performing services
described in such subparagraph;
(2) at the close of each calendar quarter during which such
individual is performing such services; and
(3) when such individual ceases to perform such services.
Subtitle F--Severability
SEC. 9501. 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.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.
(a) Definitions.--In this section--
(1) The term ``covered candidate'' means a candidate of a
major party in a general election for the office of President
or Vice President.
(2) The term ``major party'' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
(3) The term ``income tax return'' means, with respect to
an individual, any return (as such term is defined in section
6103(b)(1) of the Internal Revenue Code of 1986, except that
such term shall not include declarations of estimated tax) of--
(A) such individual, other than information returns
issued to persons other than such individual; or
(B) of any corporation, partnership, or trust in
which such individual holds, directly or indirectly, a
significant interest as the sole or principal owner or
the sole or principal beneficial owner (as such terms
are defined in regulations prescribed by the Secretary
of the Treasury or his delegate).
(4) The term ``Secretary'' means the Secretary of the
Treasury or the delegate of the Secretary.
(b) Disclosure.--
(1) In general.--
(A) Candidates for president and vice president.--
Not later than the date that is 15 days after the date
on which an individual becomes a covered candidate, the
individual shall submit to the Federal Election
Commission a copy of the individual's income tax
returns for the 10 most recent taxable years for which
a return has been filed with the Internal Revenue
Service.
(B) President and vice president.--With respect to
an individual who is the President or Vice President,
not later than the due date for the return of tax for
each taxable year, such individual shall submit to the
Federal Election Commission a copy of the individual's
income tax returns for the taxable year and for the 9
preceding taxable years.
(C) Transition rule for sitting presidents and vice
presidents.--Not later than the date that is 30 days
after the date of enactment of this section, an
individual who is the President or Vice President on
such date of enactment shall submit to the Federal
Election Commission a copy of the income tax returns
for the 10 most recent taxable years for which a return
has been filed with the Internal Revenue Service.
(2) Failure to disclose.--If any requirement under
paragraph (1) to submit an income tax return is not met, the
chairman of the Federal Election Commission shall submit to the
Secretary a written request that the Secretary provide the
Federal Election Commission with the income tax return.
(3) Publicly available.--The chairman of the Federal
Election Commission shall make publicly available each income
tax return submitted under paragraph (1) in the same manner as
a return provided under section 6103(l)(23) of the Internal
Revenue Code of 1986 (as added by this section).
(4) Treatment as a report under the federal election
campaign act of 1971.--For purposes of the Federal Election
Campaign Act of 1971, any income tax return submitted under
paragraph (1) or provided under section 6103(l)(23) of the
Internal Revenue Code of 1986 (as added by this section) shall,
after redaction under paragraph (3) or subparagraph (B)(ii) of
such section, be treated as a report filed under the Federal
Election Campaign Act of 1971.
(c) Disclosure of Returns of Presidents and Vice Presidents and
Certain Candidates for President and Vice President.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
vice presidents and certain candidates for president and vice
president.--
``(A) In general.--Upon written request by the
chairman of the Federal Election Commission under
section 10001(b)(2) of the For the People Act of 2021,
not later than the date that is 15 days after the date
of such request, the Secretary shall provide copies of
any return which is so requested to officers and
employees of the Federal Election Commission whose
official duties include disclosure or redaction of such
return under this paragraph.
``(B) Disclosure to the public.--
``(i) In general.--The chairman of the
Federal Election Commission shall make publicly
available any return which is provided under
subparagraph (A).
``(ii) Redaction of certain information.--
Before making publicly available under clause
(i) any return, the chairman of the Federal
Election Commission shall redact such
information as the Federal Election Commission
and the Secretary jointly determine is
necessary for protecting against identity
theft, such as social security numbers.''.
(2) Conforming amendments.--Section 6103(p)(4) of such Code
is amended--
(A) in the matter preceding subparagraph (A) by
striking ``or (22)'' and inserting ``(22), or (23)'';
and
(B) in subparagraph (F)(ii) by striking ``or (22)''
and inserting ``(22), or (23)''.
(3) Effective date.--The amendments made by this subsection
shall apply to disclosures made on or after the date of
enactment of this Act.
Passed the House of Representatives March 3, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.