[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2093 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 77
117th CONGRESS
1st Session
S. 2093
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2021
Mr. Merkley (for himself, Ms. Klobuchar, and Mr. Schumer) introduced
the following bill; which was read the first time
June 17, 2021
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
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. Application of rules to certain exempt States.
Sec. 1007. Report on data collection.
Sec. 1008. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1009. 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. Voter protection and security in automatic registration.
Sec. 1015. Payments and grants.
Sec. 1016. Treatment of exempt States.
Sec. 1017. Miscellaneous provisions.
Sec. 1018. Definitions.
Sec. 1019. 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. Biennial 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. Authorizing the dissemination of voter registration
information displays following
naturalization ceremonies.
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. Establishment and maintenance of State accessible election
websites.
Sec. 1103. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1106. Appointments to EAC Board of Advisors.
Sec. 1107. Funding for protection and advocacy systems.
Sec. 1108. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1109. 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-
Verifiable 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. Ballot marking device cybersecurity requirements.
Sec. 1508. 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. Balloting materials tracking program.
Sec. 1623. Election mail and delivery improvements.
Sec. 1624. Carriage of election mail.
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. Transmission requirements; repeal of waiver provision.
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. Technical clarifications to conform to 2009 move act
amendments related to the federal write-in
absentee ballot.
Sec. 1707. Treatment of post card registration requests.
Sec. 1708. Applicability to Commonwealth of the Northern Mariana
Islands.
Sec. 1709. Elimination of 14-day time period between general election
and runoff election for Federal elections
in the Virgin Islands and Guam.
Sec. 1710. Department of justice report on voter disenfranchisement.
Sec. 1711. 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. Ensuring equitable and efficient operation of polling
places.
Sec. 1906. Requiring States to provide secured drop boxes for voted
ballots in elections for Federal office.
Sec. 1907. Prohibiting States from restricting curbside voting.
Sec. 1908. Prohibiting restrictions on donations of food and beverages
at polling stations.
Sec. 1909. GAO study on voter turnout rates.
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 laws to Commonwealth of Northern Mariana
Islands.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Clarification of exemption for States which do not collect
telephone information.
Sec. 1934. No effect on other laws.
Sec. 1935. Clarification of exemption for States without voter
registration.
Subtitle O--Increased Protections for Election Workers
Sec. 1941. Harassment of election workers prohibited.
Sec. 1942. Protection of election workers.
Subtitle P--Severability
Sec. 1951. Severability.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming the Commitment of Congress to Restore
the Voting Rights Act of 1965
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--Post-election Audit Requirement
Sec. 3011. Post-election audit requirement.
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. Election cybersecurity.
Sec. 3302. Guidelines and certification for electronic poll books and
remote ballot marking systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
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--Severability
Sec. 3801. 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 connection 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.
Subtitle C--Honest Ads
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. 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.
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. Shareholder approval of corporate political activity.
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--Senate Elections
Sec. 5100. Short title.
PART 1--Small Donor Incentive Programs
Sec. 5101. Sense of the Senate regarding small donor incentive
programs.
PART 2--Small Dollar Financing of Senate Election Campaigns
Sec. 5111. Eligibility requirements and benefits of fair elections
financing of Senate election campaigns.
Sec. 5112. Prohibition on joint fundraising committees.
Sec. 5113. Exception to limitation on coordinated expenditures by
political party committees with
participating candidates.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
PART 3--Responsibilities of the Federal Election Commission
Sec. 5121. Petition for certiorari.
Sec. 5122. Electronic filing of FEC reports.
PART 4--Miscellaneous Provisions
Sec. 5131. Severability.
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.
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. Use of general election payments for general election legal
and accounting compliance.
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 the statutes of limitations for offenses under
the 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.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of
1995.
Sec. 7202. 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--Foreign Lobbying
Sec. 7501. Prohibition on foreign lobbying.
Subtitle G--Severability
Sec. 7601. 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 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. Rules of construction; inspectors general.
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, 139 S. Ct. 2484 (2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United States,
to fulfill the promise of article IV, section 4, of the
Constitution, which states: ``The United States shall guarantee
to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is 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 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.
(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.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an
individual under this section, the appropriate State or
local election official shall provide the individual a
notice confirming the State's receipt of the
application and providing instructions on how the
individual may check the status of the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) though the
online submission process and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(2) Notice of disposition.--
``(A) In general.--Not later than 7 days after the
appropriate State or local election official has
approved or rejected an application submitted by an
individual under this section, the official shall
provide the individual a notice of the disposition of
the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) by regular mail
and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
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)(i) If the individual is assigned to vote in
the election at a specific polling place--
``(I) the name and address of the polling
place; and
``(II) the hours of operation for the
polling place.
``(ii) If the individual is not assigned to vote in
the election at a specific polling place--
``(I) the name and address of locations at
which the individual is eligible to vote; and
``(II) the hours of operation for those
locations.
``(B) A description of any identification or other
information the individual may be required to present
at the polling place or a location described in
subparagraph (A)(ii)(I) to vote in the election.''.
SEC. 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. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.
Section 4 of the National Voter Registration Act of 1993 (52 U.S.C.
20503) is amended by adding at the end the following new subsection:
``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions shall apply to
a State described in paragraph (2) thereof:
``(1) Section 6A (as added by section 1001(a) of the Voter
Registration Modernization Act of 2021).
``(2) Section 8(a)(1)(D) (as added by section 1001(c)(1) of
the Voter Registration Modernization Act of 2021).
``(3) Section 8(a)(5) (as amended by section 1001(c)(2) of
Voter Registration Modernization Act of 2021), but only to the
extent such provision relates to section 6A.
``(4) Section 8(j) (as added by section 1004 of the Voter
Registration Modernization Act of 2021), but only to the extent
such provision relates to section 6A.''.
SEC. 1007. 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. 1008. 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. 1009. 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.--If a State certifies to the Election Assistance
Commission not later than January 1, 2022, that the State will not meet
the deadline described in subsection (a) because it would be
impracticable to do so and includes in the certification the reasons
for the failure to meet such deadline, subsection (a) shall apply to
the State as if the reference in such subsection to ``January 1, 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 an individual is
registered under this part, 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) 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.
(d) 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.--Except as
otherwise provided in this section, with each application for
service or assistance, and with each related recertification,
renewal, or change of address, or, in the case of a covered
institution of higher education, upon initial enrollment of an
in-State student, each contributing agency (other than a
contributing agency described in subsection (e)(1)(B)(ii)) 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 or
enrollment) 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.--Each contributing agency
shall electronically transmit to the appropriate State election
official the following information for each individual
described in paragraph (1) who did not decline to be registered
to vote:
(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.
(4) Provision of information regarding participation in
primary elections.--In the case of a State in which affiliation
or enrollment with a political party is required in order to
participate in an election to select the party's candidate in
an election for Federal office, if the information transmitted
under paragraph (3)(G) for an individual does not include
information regarding the individual's affiliation or
enrollment with a political party, the chief State election
official shall--
(A) notify the individual that such affiliation or
enrollment is required to participate in primary
elections; and
(B) provide an opportunity for the individual to
update their registration with a party affiliation or
enrollment.
(5) Clarification.--Nothing in this section shall be read
to require a contributing agency to transmit to an election
official the information described in paragraph (3) for an
individual who is ineligible to vote in elections for Federal
office in the State, except to the extent required to pre-
register citizens between 16 and 18 years of age.
(c) Alternate Procedure for Certain Contributing Agencies.--
(1) In general.--With each application for service or
assistance, and with each related recertification, renewal, or
change of address, a contributing agency described in paragraph
(2) shall--
(A) complete the requirements of section 7(a)(6) of
the National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(B) ensure that each applicant's transaction with
the agency cannot be completed until the applicant has
indicated whether the applicant wishes to register to
vote or declines to register to vote in elections for
Federal office held in the State; and
(C) for each individual who wishes to register to
vote, transmit that individual's information in
accordance with subsection (b)(3).
(2) Contributing agencies described.--The following
contributing agencies are described in this paragraph:
(A) Any contributing agency (other than a
contributing agency that is a covered institution of
higher education) 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).
(B) A contributing agency described in subsection
(e)(1)(B)(ii).
(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, upon initial enrollment of a student, 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 voter
registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a
program pursuant to--
(i) title III of the Social Security Act
(42 U.S.C. 501 et seq.);
(ii) title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.); or
(iii) 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) Institutions of higher education.--
(A) 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.
(B) Procedures for institutions of higher
education.--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. In complying with
such requirements, an institution of higher education--
(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 (b) for purposes of
transmitting such information to the
appropriate State election official pursuant to
such paragraph;
(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;
(iii) shall not request information on the
affiliation or enrollment with a political
party of a student in accordance with
subsection (b)(3)(G); and
(iv) shall not withhold, delay, or impede
the provision of Federal financial aid provided
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.).
(C) Clarification.--Nothing in this part shall be
construed to require an institution of higher education
to request each student affirm whether or not the
student is a United States citizen or otherwise collect
information with respect to citizenship.
(4) 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.
(5) 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.
(6) Permitting state medicaid agencies to share information
with election officials for voter registration purposes.--
Section 1902(a)(7)(A) of the Social Security Act (42 U.S.C.
1396a(a)(7)(A)) is amended--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following new clause:
``(iii) the provision to an appropriate
State election official, in accordance with
subsection (c) of section 1013 of the Automatic
Voter Registration Act of 2021, of information
described in subsection (b)(3) of such section
with respect to an applicant or recipient;
and''.
(f) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution of higher education that--
(A) 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);
(B) 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.
(2) In-state student.--The term ``in-State student''--
(A) means a student enrolled in a covered
institution of higher education who--
(i) for purposes related to in-State
tuition, financial aid eligibility, or other
similar purposes, resides in the State; or
(ii) the institution otherwise knows
maintains permanent residence in the State; and
(B) includes a student described in clause (i) or
(ii) of subparagraph (A) 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. 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, except as
necessary to comply with title III of the Civil Rights Act of 1960 (52
U.S.C. 20701 et seq.):
(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.--The prohibition on public disclosure in
subparagraph (A) shall not apply with respect to the
telephone number or email address of 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.
(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.--Not later than 1 year
after the date of the enactment of this Act, the Director of
the National Institute of Standards and Technology, in
consultation with State and local election officials, shall,
after providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request; and
(D) ensure that the standards developed pursuant to
this paragraph are maintained and updated in a manner
that reflects innovations and best practices in the
security of database management.
(4) Security policy.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall,
after providing the public with notice and the
opportunity to comment, publish privacy and security
standards for voter registration information not later
than 45 days after the deadline for public notice and
comment. The standards shall require the chief State
election official of each State to adopt a policy that
shall specify--
(i) each class of users who shall have
authorized access to the computerized statewide
voter registration list, specifying for each
class the permission and levels of access to be
granted, and setting forth other safeguards to
protect the privacy, security, and accuracy of
the information on the list; and
(ii) security safeguards to protect
personal information transmitted through the
information transmittal processes of section
1013, the online system used pursuant to
section 6A of the National Voter Registration
Act of 1993 (as added by section 1001), any
telephone interface, the maintenance of the
voter registration database, and any audit
procedure to track access to the system.
(B) Maintenance and updating.--The Director shall
ensure that the standards developed pursuant to this
paragraph are maintained and updated in a manner that
reflects innovations and best practices in the privacy
and security of voter registration information.
(5) State compliance with national standards.--
(A) Certification.--The chief State election
official of the State shall annually file with the
Election Assistance Commission a statement certifying
to the Director of the National Institute of Standards
and Technology that the State is in compliance with the
standards referred to in paragraphs (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 1014(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,
juror selection, or enforcement relating to election crimes, any of the
following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 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. 1015. 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 or
expanding its automatic voter registration program in a manner
consistent with the requirements of this part).
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between 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. 1016. 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 1015 (relating to payments and grants).
(2) Section 1017(e) (relating to enforcement).
(3) Section 1017(f) (relating to relation to other laws).
SEC. 1017. 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 1014.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this part and by
the State under section 1014 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.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 1018. 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 a system of automatic
registration (as defined in section 1012(a)(2)) at the motor
vehicle authority of the State or a Permanent Dividend Fund of
the State under which an individual is provided the opportunity
to decline registration during the transaction or by way of a
notice sent by mail or electronically after the transaction.
(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. 1019. 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 and contributing agencies within a State--
(1) beginning January 1, 2023, for State motor vehicle
authorities; and
(2) beginning January 1, 2025, for all other contributing
agencies.
(b) Waiver.--
(1) Deadline for state motor vehicle authorities.--If a
State certifies to the Commission not later than January 1,
2023, that the State will not meet the deadline described in
subsection (a)(1) because it would be impracticable to do so
and includes in the certification the reasons for the failure
to meet such deadline, subsection (a)(1) shall apply to the
State as if the reference in such subsection to ``January 1,
2023'' were a reference to ``January 1, 2025''.
(2) Deadline for all other contributing agencies.--If a
State certifies to the Commission not later than January 1,
2025, that the State will not meet the deadline described in
subsection (a)(2) because it would be impracticable to do so
and includes in the certification the reasons for the failure
to meet such deadline, subsection (a)(2) shall apply to the
State as if the reference in such subsection to ``January 1,
2025'' were a reference to ``January 1, 2028''.
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, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Ensuring Availability of Forms.--The State shall ensure that
each polling place has copies of any forms an individual may be
required to complete in order to register to vote or revise the
individual's voter registration information under this section.
``(d) Effective Date.--
``(1) In general.--Subject to paragraph (2), each State
shall be required to comply with the requirements of this
section for the regularly scheduled general election for
Federal office occurring in November 2022 and for any
subsequent election for Federal office.
``(2) Special rules for elections before november 2026.--
``(A) Elections prior to november 2024 general
election.--A State shall be deemed to be in compliance
with the requirements of this section for the regularly
scheduled general election for Federal office occurring
in November 2022 and subsequent elections for Federal
office occurring before the regularly scheduled general
election for Federal office in November 2024 if at
least one location for each 15,000 registered voters in
each jurisdiction in the State meets such requirements.
``(B) November 2024 general election.--If a State
certifies to the Commission not later than November 5,
2024, that the State will not be in compliance with the
requirements of this section for the regularly
scheduled general election for Federal office occurring
in November 2024 because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such requirements, the State shall
be deemed to be in compliance with the requirements of
this section for such election if at least one location
for each 15,000 registered voters in each jurisdiction
in the State meets such requirements.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
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
matched 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 matched 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 matched 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. BIENNIAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Biennial Reports.--Not later than 90 days after the end of each
even-numbered year, each State shall submit to the Election Assistance
Commission a report containing the following categories of information
for the preceding 2 years:
(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(e) 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.
(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) Submission to Congress.--Not later than 10 days after receiving
a report under subsection (a), the Election Assistance Commission shall
transmit such report to Congress.
(e) 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.
(f) Sense of Congress.--It is the Sense of Congress that for any
State participating in the Election Administration and Voting Survey
administered by the Election Assistance Commission, the Commission
should use the information submitted in the report under subsection (a)
as part of the State's participation in the survey.
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 pre-registration
processes;
(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. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION
INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES.
The Secretary of Homeland Security shall establish a process for
authorizing the chief State of a State to disseminate voter
registration information at the conclusion of any naturalization
ceremony in such State, which may involve a display or exhibit.
SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY
PROGRAMS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 1031(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. VOTER PRIVACY PROGRAMS.
``(a) In General.--Each State shall establish and operate a privacy
program to enable victims of domestic violence, dating violence,
stalking, sexual assault, and trafficking to have personally
identifiable information that State or local election officials
maintain with respect to an individual voter registration status for
purposes of elections for Federal office in the State, including
addresses, be kept confidential.
``(b) Notice.--Each State shall notify residents of that State of
the information that State and local election officials maintain with
respect to an individual voter registration status for purposes of
elections for Federal office in the State, how that information is
shared or sold and with whom, what information is automatically kept
confidential, what information is needed to access voter information
online, and the privacy programs that are available.
``(c) Public Availability.--Each State shall make information about
the program established under subsection (a) available on a publicly
accessible website.
``(d) Definitions.--In this section:
``(1) The terms `domestic violence', `stalking', `sexual
assault', and `dating violence' have the meanings given such
terms in section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291).
``(2) The term `trafficking' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(e) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on and after
January 1, 2023.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Voter privacy programs.''.
SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN
LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING
AND MORTGAGE APPLICATIONS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Protection.
(2) 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 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.).
(3) Owner.--The term ``owner'' has the meaning given the
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(4) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given those terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(5) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan that is secured by a first or
subordinate lien on residential real property, including
individual units of condominiums and cooperatives, designed
principally for the occupancy of from 1- to 4- families.
(b) Development of Uniform Statement.--The Director, in
coordination with the Election Assistance Commission, shall develop a
uniform statement designed to provide recipients of the statement
pursuant to this section of how the recipient can register to vote and
the voting rights of the recipient under law.
(c) Leases and Vouchers for Federally Assisted Rental Housing.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Housing and Urban Development shall require--
(A) each public housing agency to provide a copy of
the uniform statement developed pursuant to subsection
(b) to each lessee of a dwelling unit in public housing
administered by the agency--
(i) together with the lease for the
dwelling unit, at the same time the lease is
provided to the lessee; and
(ii) together with any income verification
form, at the same time the form is provided to
the lessee;
(B) each public housing agency that administers
rental assistance under the Housing Choice Voucher
program under section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)), including the program
under paragraph (13) of such section 8(o), to provide a
copy of the uniform statement developed pursuant to
subsection (b) to each assisted family or individual--
(i) together with the voucher for the
assistance, at the time the voucher is issued
for the family or individual; and
(ii) together with any income verification
form, at the same time the form is provided to
the applicant or assisted family or individual;
and
(C) 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 (b) to provide to the lessee of the dwelling
unit--
(i) together with the lease for the
dwelling unit, at the same time the form is
provided to the lessee; and
(ii) together with any income verification
form, at the same time the form is provided to
the applicant or tenant.
(2) Rural housing.--The Secretary of Agriculture shall
administer the requirement under paragraph (1)(C) with respect
to Federal project-based rental assistance described in
subsection (a)(1)(D).
(d) Applications for Residential Mortgage Loans.--The Director
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 et seq.)) for a residential mortgage loan to provide a copy
of the uniform statement developed pursuant to subsection (b) in
written form to the applicant for the residential mortgage loan not
later than 5 business days after the date of the application.
(e) Optional Completion of Application.--Nothing in this section
may be construed to require any individual to complete an application
for voter registration.
(f) Regulations.--The Secretary of Housing and Urban Development,
the Secretary of Agriculture, and the Director 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.--
Notwithstanding paragraph (3), a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2021, including the
requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2021.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
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, in
consultation with the Department of Justice, 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.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply with respect to a
State beginning January 1, 2023.
(2) Waiver.--If a State certifies to the Election
Assistance Commission not later than January 1, 2023, that the
State will not meet the deadline described in paragraph (1)
because it would be impracticable to do so and includes in the
certification the reasons for the failure to meet such
deadline, paragraph (1) shall apply to the State as if the
reference in such paragraph to ``January 1, 2023'' were a
reference to ``January 1, 2025''.
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 one-
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 grade 12.
(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
eligible local educational agencies to receive 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)
and section 1056(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308, respectively; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) ensure that absentee registration forms, absentee
ballot applications, and absentee ballots that are available
electronically are accessible (as defined in section 307);
``(2) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(3) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official within the deadline for the
election which is applicable under Federal law;
``(4) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c));
and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(5) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d); and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office to Provide Information on
Registration and Absentee Ballot Procedures for Voters With
Disabilities in State.--
``(1) In general.--Each State shall designate a single
office which shall be responsible for providing information
regarding voter registration procedures, absentee ballot
procedures, and in-person voting procedures to be used by
individuals with disabilities with respect to elections for
Federal office to all individuals with disabilities who wish to
register to vote or vote in any jurisdiction in the State.
``(2) Responsibilities.--Each State shall, through the
office designated in paragraph (1)--
``(A) provide information to election officials--
``(i) on how to set up and operate
accessible voting systems; and
``(ii) regarding the accessibility of
voting procedures, including guidance on
compatibility with assistive technologies such
as screen readers and ballot marking devices;
``(B) integrate information on accessibility,
accommodations, disability, and older individuals into
regular training materials for poll workers and
election administration officials;
``(C) train poll workers on how to make polling
places accessible for individuals with disabilities and
older individuals;
``(D) promote the hiring of individuals with
disabilities and older individuals as poll workers and
election staff; and
``(E) publicly post the results of any audits to
determine the accessibility of polling places no later
than 6 months after the completion of the audit.
``(c) Designation Of Means of Electronic Communication for
Individuals With Disabilities to Request and for States to Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of accessible electronic
communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(4);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(4)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots
by mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot envelope, to ensure
that if an individual with a disability requests the State to
transmit a blank absentee ballot to the individual in
accordance with this subsection, the voted absentee ballot
which is returned by the individual is the same blank absentee
ballot which the State transmitted to the individual.
``(e) Rule of Construction.--Nothing in this section may be
construed to allow a voter's ballot selections to be transmitted over
the internet or to allow for the electronic submission of a marked
ballot.
``(f) 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.
``(g) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 306, January 1, 2022.''.
(2) Redesignation.--
(A) In general.--Title III of such Act (52 U.S.C.
21081 et seq.) is amended by redesignating sections 311
and 312 as sections 321 and 322, respectively.
(B) Conforming amendment.--Section 322(a) of such
Act, as redesignated by subparagraph (A), is amended by
striking ``section 312'' and inserting ``section 322''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c) and section 1056(b), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308, respectively; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION
WEBSITES.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1056(a), and section 1101(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309, respectively; and
(2) by inserting after section 306 the following:
``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION
WEBSITES.
``(a) In General.--Not later than January 1, 2023, each State shall
establish a single election website that is accessible and meets the
following requirements:
``(1) Local election officials.--The website shall provide
local election officials, poll workers, and volunteers with--
``(A) guidance to ensure that polling places are
accessible for individuals with disabilities and older
individuals in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters; and
``(B) online training and resources on--
``(i) how best to promote the access and
participation of individuals with disabilities
and older individuals in elections for public
office; and
``(ii) the voting rights and protections
for individuals with disabilities and older
individuals under State and Federal law.
``(2) Voters.--The website shall provide information about
voting, including--
``(A) the accessibility of all polling places
within the State, including outreach programs to inform
individuals about the availability of accessible
polling places;
``(B) how to register to vote and confirm voter
registration in the State;
``(C) the location and operating hours of all
polling places in the State;
``(D) the availability of aid or assistance for
individuals with disabilities and older individuals to
cast their vote in a manner that provides the same
opportunity for access and participation (including
privacy and independence) as for other voters at
polling places;
``(E) the availability of transportation aid or
assistance to the polling place for individuals with
disabilities or older individuals;
``(F) the rights and protections under State and
Federal law for individuals with disabilities and older
individuals to participate in elections; and
``(G) how to contact State, local, and Federal
officials with complaints or grievances if individuals
with disabilities, older individuals, Native Americans,
Alaska Natives, and individuals with limited
proficiency in the English language feel their ability
to register to vote or vote has been blocked or
delayed.
``(b) Partnership With Outside Technical Organization.--The chief
State election official of each State, through the committee of
appropriate individuals under subsection (c)(2), shall partner with an
outside technical organization with demonstrated experience in
establishing accessible and easy to use accessible election websites
to--
``(1) update an existing election website to make it fully
accessible in accordance with this section; or
``(2) develop an election website that is fully accessible
in accordance with this section.
``(c) State Plan.--
``(1) Development.--The chief State election official of
each State shall, through a committee of appropriate
individuals as described in paragraph (2), develop a State plan
that describes how the State and local governments will meet
the requirements under this section.
``(2) Committee membership.--The committee shall comprise
at least the following individuals:
``(A) The chief election officials of the four most
populous jurisdictions within the State.
``(B) The chief election officials of the four
least populous jurisdictions within the State.
``(C) Representatives from two disability advocacy
groups, including at least one such representative who
is an individual with a disability.
``(D) Representatives from two older individual
advocacy groups, including at least one such
representative who is an older individual.
``(E) Representatives from two independent non-
governmental organizations with expertise in
establishing and maintaining accessible websites.
``(F) Representatives from two independent non-
governmental voting rights organizations.
``(G) Representatives from State protection and
advocacy systems as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002).
``(d) Partnership To Monitor and Verify Accessibility.--The chief
State election official of each eligible State, through the committee
of appropriate individuals under subsection (c)(2), shall partner with
at least two of the following organizations to monitor and verify the
accessibility of the election website and the completeness of the
election information and the accuracy of the disability information
provided on such website:
``(1) University Centers for Excellence in Developmental
Disabilities Education, Research, and Services designated under
section 151(a) of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15061(a)).
``(2) Centers for Independent Living, as described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.).
``(3) A State Council on Developmental Disabilities
described in section 125 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
``(4) State protection and advocacy systems as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(5) Statewide Independent Living Councils established
under section 705 of the Rehabilitation Act of 1973 (29 U.S.C.
796d).
``(6) State Assistive Technology Act Programs.
``(7) A visual access advocacy organization.
``(8) An organization for the deaf.
``(9) A mental health organization.
``(e) Definitions.--For purposes of this section, section 305, and
section 307:
``(1) Accessible.--The term `accessible' means--
``(A) in the case of the election website under
subsection (a) or an electronic communication under
section 305--
``(i) that the functions and content of the
website or electronic communication, including
all text, visual, and aural content, are as
accessible to people with disabilities as to
those without disabilities;
``(ii) that the functions and content of
the website or electronic communication are
accessible to individuals with limited
proficiency in the English language; and
``(iii) that the website or electronic
communication meets, at a minimum, conformance
to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines); and
``(B) in the case of a facility (including a
polling place), that the facility is readily accessible
to and usable by individuals with disabilities and
older individuals, as determined under the 2010 ADA
Standards for Accessible Design adopted by the
Department of Justice (or any successor standards).
``(2) Individual with a disability.--The term `individual
with a disability' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102), and who is otherwise qualified to vote
in elections for Federal office.
``(3) Older individual.--The term `older individual' means
an individual who is 60 years of age or older and who is
otherwise qualified to vote in elections for Federal office.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.''.
(b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b), is amended by
striking ``section 306'' and inserting ``sections 306 and 307''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), and section 1101(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309, respectively; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Establishment and maintenance of accessible election
websites.''.
SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH
DISABILITIES AND OLDER INDIVIDUALS.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1056(a), section 1101(a), and
section 1102(a), is amended--
(A) by redesignating sections 308 and 309 as
sections 309 and 310, respectively; and
(B) by inserting after section 307 the following:
``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND
OLDER INDIVIDUALS.
``(a) In General.--Each State shall--
``(1) ensure all polling places within the State are
accessible, as defined in section 306;
``(2) consider procedures to address long wait times at
polling places that allow individuals with disabilities and
older individuals alternate options to cast a ballot in person
in an election for Federal office, such as the option to cast a
ballot outside of the polling place or from a vehicle, or
providing an expedited voting line; and
``(3) consider options to establish `mobile polling sites'
to allow election officials or volunteers to travel to long-
term care facilities and assist residents who request
assistance in casting a ballot in order to maintain the privacy
and independence of voters in these facilities.
``(b) Clarification.--Nothing in this section may be construed to
alter the requirements under Federal law that all polling places for
Federal elections are accessible to individuals with disabilities and
older individuals.
``(c) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2024.''.
(2) Voluntary guidance.--Section 321(b)(4) such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by section 1102, is amended by striking ``and
307'' and inserting ``, 307, and 308''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1056(b), section
1101(c), and section 1102(c), is amended--
(A) by redesignating the items relating to sections
308 and 309 as relating to sections 309 and 310,
respectively; and
(B) by inserting after the item relating to section
307 the following new item:
``Sec. 308. Access to voting for individuals with disabilities and
older individuals.''.
(b) Revisions to Voting Accessibility for the Elderly and
Handicapped Act.--
(1) Reports to election assistance commission.--Section
3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(A) in the subsection heading, by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission'';
(B) in each of paragraphs (1) and (2), by striking
``Federal Election Commission'' and inserting
``Election Assistance Commission''; and
(C) by striking paragraph (3).
(2) Conforming amendments relating to references.--The
Voting Accessibility for the Elderly and Handicapped Act (52
U.S.C. 20101 et seq.), as amended by paragraph (1), is
amended--
(A) by striking ``handicapped and elderly
individuals'' each place it appears and inserting
``individuals with disabilities and older
individuals'';
(B) by striking ``handicapped and elderly voters''
each place it appears and inserting ``individuals with
disabilities and older individuals'';
(C) in section 3(b)(2)(B), by striking
``handicapped or elderly voter'' and inserting
``individual with a disability or older individual'';
(D) in section 5(b), by striking ``handicapped
voter'' and inserting ``individual with a disability'';
and
(E) in section 8--
(i) by striking paragraphs (1) and (2) and
inserting the following:
``(1) `accessible' has the meaning given that term in
section 307 of the Help America Vote Act of 2002, as added by
section 1102(a) of the For the People Act of 2021;
``(2) `older individual' has the meaning given that term in
such section 307;''; and
(ii) by striking paragraph (4), and
inserting the following:
``(4) `individual with a disability' has the meaning given
that term in such section 306; and''.
(3) Short title amendment.--
(A) In general.--Section 1 of the ``Voting
Accessibility for the Elderly and Handicapped Act''
(Public Law 98-435; 42 U.S.C. 1973ee note) is amended
by striking ``for the Elderly and Handicapped'' and
inserting ``for Individuals with Disabilities and Older
Individuals''.
(B) References.--Any reference in any other
provision of law, regulation, document, paper, or other
record of the United States to the ``Voting
Accessibility for the Elderly and Handicapped Act''
shall be deemed to be a reference to the ``Voting
Accessibility for Individuals with Disabilities and
Older Individuals Act''.
(4) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2024, and apply to with respect
to elections for Federal office held on or after that date.
SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1056(a), section 1101(a), section 1102(a), and section
1103(a)(1), is amended--
(1) by redesignating sections 309 and 310 as sections 310
and 311, respectively; and
(2) by inserting after section 308 the following:
``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.
``(a) In General.--A State shall not determine that an individual
lacks the capacity to vote in an election for Federal office on the
ground that the individual is subject to guardianship, unless a court
of competent jurisdiction issues a court order finding by clear and
convincing evidence that the individual cannot communicate, with or
without accommodations, a desire to participate in the voting process.
``(b) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102 and 1103, is amended by striking ``and 308'' and
inserting ``308, and 309''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), section 1101(c), section
1102(c), and section 1103(a)(3), is amended--
(1) by redesignating the items relating to sections 309 and
310 as relating to sections 310 and 311, respectively; and
(2) by inserting after the item relating to section 308 the
following new item:
``Sec. 309. Access to voting for individuals with disabilities and
older individuals.''.
SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2022 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2022 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
SEC. 1106. APPOINTMENTS TO EAC BOARD OF ADVISORS.
(a) In General.--Section 214(a) of the Help America Vote Act of
2002 (52 U.S.C. 20944(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``37'' and inserting ``61''; and
(2) by adding at the end the following new paragraphs:
``(17) Two members appointed by the National Council on
Disability.
``(18) Two members appointed by the Assistant Secretary of
Health and Human Services for Aging.
``(19) Four members from organizations, whose executive
leadership team consists of fifty-one percent of individuals
with disabilities, representing the interests of voters with
disabilities, of whom--
``(A) two members shall be appointed by the
Committee on House Administration of the House of
Representatives, of whom one shall be appointed by the
chair and one shall be appointed by the ranking
minority member; and
``(B) two members shall be appointed by the
Committee on Rules and Administration of the Senate, of
whom one shall be appointed by the chair and one shall
be appointed by the ranking minority member.
``(20) Four members from organizations representing the
interests of older voters, of whom--
``(A) two members shall be appointed by the
Committee on House Administration, of whom one shall be
appointed by the chair and one shall be appointed by
the ranking minority member; and
``(B) two members shall be appointed by the
Committee on Rules and Administration of the Senate, of
whom one shall be appointed by the chair and one shall
be appointed by the ranking minority member.
``(21) Twelve members who are nationally recognized subject
matter experts regarding election integrity, having
specializations to include election cybersecurity,
authentication, accessibility, transparency, verification, and
auditing, and who are not full-time election officials, of
whom--
``(A) two members shall be appointed by the
Cybersecurity and Infrastructure Security Agency;
``(B) two members shall be appointed by the
National Science Foundation;
``(C) two members shall be appointed by the
Institute for Defense Analyses;
``(D) two members shall be appointed by the
Association for Computing Machinery;
``(E) two members shall be appointed by the
National Association of State Chief Information
Officers;
``(F) one member shall be appointed by the Center
for Internet Security; and
``(G) one member shall be the Director of the
Elections Infrastructure Information Sharing and
Analysis Center, or the Director's designee.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2022.
SEC. 1107. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.
(a) Inclusion of System Serving American Indian Consortium.--
Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C.
21061(a)) is amended by striking ``of each State'' and inserting ``of
each State and the eligible system serving the American Indian
consortium (within the meaning of section 509(c)(1)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''.
(b) Grant Amount.--Section 291(b) of the Help America Vote Act of
2002 (52 U.S.C. 21061(b)) is amended--
(1) by striking ``as set forth in subsections (c)(3)'' and
inserting ``as set forth in subsections (c)(1)(B) (regardless
of the fiscal year), (c)(3)''; and
(2) by striking ``except that'' and all that follows and
inserting ``except that the amount of the grants to systems
referred to in subsection (c)(3)(B) of that section shall not
be less than $70,000 and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) of that
section shall not be less than $35,000.''.
(c) Definition.--Section 291 of the Help America Vote Act of 2002
(52 U.S.C. 21061) is amended by adding at the end the following:
``(d) State.--In this section, the term `State' means--
``(1) a State as defined in section 901; and
``(2) the Commonwealth of the Northern Mariana Islands.''.
SEC. 1108. 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. 1109. 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) Definitions.--In this section--
(1) the term ``voter caging document'' means--
(A) a non-forwardable 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(a)(2)(B) of
the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
(c) Requirements for Challenges by Persons Other Than Election
Officials.--
(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote in
an election for Federal office or to vote in an election for
Federal office unless that challenge is supported by personal
knowledge with respect to each individual challenged regarding
the grounds for ineligibility which is--
(A) documented in writing; and
(B) subject to an oath or attestation under penalty
of perjury that the challenger has a good faith factual
basis to believe that the individual who is the subject
of the challenge is ineligible to register to vote or
vote in that election, except a challenge which is
based on the 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
on grounds that could have been made in advance of such
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) Enforcement.--
(1) Civil enforcement.--
(A) In general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to
carry out this section.
(B) Private right of action.--
(i) In general.--A person who is aggrieved
by a violation of this section may provide
written notice of the violation to--
(I) in the case of a violation of
subsection (b), the chief election
official of the State involved; and
(II) in the case of a violation of
subsection (c), the Attorney General.
(ii) 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.
(iii) Exception.--If the violation occurred
within 30 days before the date of an election
for Federal office, the aggrieved person need
not provide notice under paragraph (1) before
bringing a civil action to obtain declaratory
or injunctive relief with respect to the
violation.
(2) Criminal penalty.--Whoever knowingly challenges the
eligibility of one or more individuals to register or vote or
knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that
one or more eligible voters be disqualified, shall be fined
under title 18, United States Code, or imprisoned not more than
1 year, or both, for each such violation. Each violation shall
be a separate offense.
(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.).
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, in
consultation with the Department of Justice, shall develop and publish
for the use of States recommendations for best practices to deter and
prevent violations of section 1201, 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 1201 of the For the People Act
of 2021), 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), including by operating a
polling place or ballot box that falsely purports to be an
official location established for such an election by a unit of
government.
``(5) Election described.--An election described in this
paragraph is any general, primary, runoff, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, runoff, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in subsection
(e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, runoff, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 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, runoff, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 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 United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all. In
2020, the District of Columbia re-enfranchised its citizens who
are under the supervision of the Federal Bureau of Prisons. In
30 States, individuals with convictions may not vote while they
are on parole and 28 of those States disenfranchise individuals
on felony probation as well. In 11 States, a conviction can
result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2020, an estimated 5,200,000 citizens of the United
States, or about 1 in 44 adults in the United States, could not
vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting then, only 24 percent were in
prison. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 2,200,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. As of November 2018, the
lifetime ban for persons with certain felony convictions was
eliminated through a Florida ballot initiative. As a result, as
many as 1,400,000 people are now eligible to have their voting
rights restored. In 4 States--Alabama, Florida, Mississippi,
and Tennessee--more than 7 percent of the total population is
disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Individuals convicted of a Federal
offense often have additional barriers to regaining voting
rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
states--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the states that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. In recent years,
Latinos have been imprisoned at 2.5 times the rate of Whites.
More than 2 percent of the voting-age Latino population, or
560,000 Latinos, are disenfranchised due to a felony
conviction. In 34 states Latinos are disenfranchised at a
higher rate than the general population. In 11 states 4 percent
or more of Latino adults are disenfranchised due to a felony
conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4
percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6
percent; Minnesota, 4 percent; Mississippi, 5 percent;
Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4
percent), twice the national average for Latinos.
(11) 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.
(12) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well. Models of
successful re-entry for persons convicted of a crime emphasize
the importance of community ties, feeling vested and
integrated, and prosocial attitudes. Individuals with criminal
convictions who succeed in avoiding recidivism are typically
more likely to see themselves as law-abiding members of the
community. Restoration of voting rights builds those qualities
and facilitates reintegration into the community. That is why
allowing citizens with criminal convictions who are living in a
community to vote is correlated with a lower likelihood of
recidivism. Restoration of voting rights thus reduces violence
and protects public safety.
(13) The United States is one of the only Western
democracies that permits the permanent denial of voting rights
for individuals with felony convictions.
(14) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic precept
of justice ``that punishment for crime should be graduated and
proportioned to [the] offense.'' Id. (quoting Weems v. United
States, 217 U.S. 349, 367 (1910)). As the Supreme Court has
long recognized, ``[t]he concept of proportionality is central
to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59
(2010)). Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to disenfranchisement
and thus violate the bar on cruel and unusual punishments. For
example, a number of states mandate lifetime disenfranchisement
for a single felony conviction or just two felony convictions,
even where the convictions were for non-violent offenses. In
numerous other States, disenfranchisement can last years or
even decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(15) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States or
any State by reason of failure to pay any poll tax or other
tax.''. Section 2 of the Twenty-Fourth Amendment gives Congress
the power to enforce this article by appropriate legislation.
Court fines and fees that individuals must pay to have their
voting rights restored constitute an ``other tax'' for purposes
of the Twenty-Fourth Amendment. At least five States explicitly
require the payment of fines and fees before individuals with
felony convictions can have their voting rights restored. More
than 20 other states effectively tie the right to vote to the
payment of fines and fees, by requiring that individuals
complete their probation or parole before their rights are
restored. In these States, the non-payment of fines and fees is
a basis on which probation or parole can be extended. Moreover,
these states sometimes do not record the basis on which an
individual's probation or parole was extended, making it
impossible to determine from the State's records whether non-
payment of fines and fees is the reason that an individual
remains on probation or parole. For these reasons, the only way
to ensure that States do not deny the right to vote based
solely on non-payment of fines and fees is to prevent States
from conditioning voting rights on the completion of probation
or parole.
SEC. 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--
(A) notify in writing any individual who has been
convicted of a criminal offense under the law of that
State that such individual--
(i) has the right to vote in an election
for Federal office pursuant to the Democracy
Restoration Act of 2021; and
(ii) may register to vote in any such
election; and
(B) provide such individual with any materials that
are necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law--
(A) shall be notified in accordance with paragraph
(2) that such individual--
(i) has the right to vote in an election
for Federal office pursuant to the Democracy
Restoration Act of 2021; and
(ii) may register to vote in any such
election; and
(B) shall be provided with any materials that are
necessary to register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 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
may be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies established by
this subtitle--
(1) are in addition to all other rights and remedies
provided by law, and
(2) shall not supersede, restrict, or limit the application
of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or
the National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.).
SEC. 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-
Verifiable 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-verifiable paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verifiable paper
ballot of the voter's vote selections that
shall be marked by the voter and presented to
the voter for physical verification before the
voter's ballot is preserved in accordance with
clause (ii), and which shall be counted by hand
or other counting device or read by a ballot
tabulation device. For purposes of this
subclause, the term `individual, durable,
voter-verifiable paper ballot' means a paper
ballot marked by the voter by hand or a paper
ballot marked through the use of a
nontabulating ballot marking device or system,
so long as the voter shall have the option at
every in-person voting location to mark by hand
a printed ballot that includes all relevant
contests and candidates.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verifiable paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verifiable paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
selections.
``(IV) The voting system shall prevent,
through mechanical means or through
independently verified protections, the
modification or addition of vote selections on
a printed or marked ballot at any time after
the voter has been provided an opportunity to
correct errors on the ballot pursuant to
subclause (II).
``(ii) Preservation as official record.--
The individual, durable, voter-verifiable 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 such ballots, or at
least those ballots the machine could not
count, shall be counted by hand in any recount
or audit conducted with respect to any election
for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verifiable paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verifiable 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.
``(v) Sense of congress.--It is the sense
of Congress that as innovation occurs in the
election infrastructure sector, Congress should
ensure that this Act and other Federal
requirements for voting systems are updated to
keep pace with best practices and
recommendations for security and accessibility.
``(B) 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-
verifiable 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 and Federal
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.--Paragraph (3) of section 301(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as
follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters;
``(ii)(I) ensure that individuals with
disabilities and others are given an equivalent
opportunity to vote, including with privacy and
independence, in a manner that produces a
voter-verifiable paper ballot; and
``(II) satisfy the requirement of clause
(i) through the use at in-person polling
locations of a sufficient number (not less than
one) of voting systems equipped to serve
individuals with and without disabilities,
including nonvisual and enhanced visual
accessibility for the blind and visually
impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity
impaired; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2007, meet the voting system standards for
disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting
system may meet the requirements of subparagraph (A)(i)
and paragraph (2)(A) by--
``(i) allowing the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote tabulation or
auditing;
``(ii) allowing the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;
``(iii) marking ballots that are identical
in size, ink, and paper stock to those ballots
that would either be marked by hand or be
marked by a ballot marking device made
generally available to voters; and
``(iv) combining ballots produced by any
ballot marking devices reserved for individuals
with disabilities with ballots that have either
been marked by voters by hand or marked by
ballot marking devices made generally available
to voters, in a way that prevents
identification of the ballots that were cast
using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of
subparagraph (A)(ii)(II), the sufficient number of
voting systems for any in-person polling location shall
be determined based on guidance from the Attorney
General, in consultation with the Architectural and
Transportation Barriers Compliance Board established
under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 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 2 eligible entities to
study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraph (1) and
(2).
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January 1,
2024; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Commission shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Commission
determine necessary to provide for the advancement of accessible voting
technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $10,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
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-verifiable
paper ballots required to be used under this
Act shall be marked or printed on durable
paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verifiable
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by a
ballot tabulation device or other device equipped for
individuals with disabilities.''.
SEC. 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.--To the extent
practical, 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. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by sections 1504 and 1506, is further amended by
adding at the end the following new paragraph:
``(9) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters (except as necessary
for individuals with disabilities to use ballot marking devices
that meet the accessibility requirements of paragraph (3)), or
upon which votes are cast, tabulated, or aggregated shall
contain, use, or be accessible by any wireless, power-line, or
concealed communication device.
``(10) Prohibiting connection of system to the internet.--
No system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters, or upon which votes are cast, tabulated, or
aggregated shall be connected to the internet or any non-local
computer system via telephone or other communication network at
any time.''.
SEC. 1508. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State or
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2021 shall apply with respect to voting systems used
for any election for Federal office held in 2022 or any
succeeding year.
``(B) 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 `the
applicable year', 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-verifiable paper ballots).
``(II) 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) and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2021), for the
administration of the regularly
scheduled general election for Federal
office held in November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as
provided in subclause (II), the term
`applicable year' means 2026.
``(II) Extension.--If a State or
jurisdiction certifies to the
Commission not later than January 1,
2026, that the State or jurisdiction
will not meet the requirements
described in subclauses (I) and (II) of
clause (i) by such date because it
would be impractical to do so and
includes in the certification the
reasons for the failure to meet the
deadline, the term `applicable year'
means 2030.
``(iv) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank printed paper ballot which the
individual may mark by hand and which
is not produced by the direct recording
electronic voting machine or other such
system. The official shall provide the
individual with the ballot and the
supplies necessary to mark the ballot,
and shall ensure (to the greatest
extent practicable) that the waiting
period for the individual to cast a
vote is the lesser of 30 minutes or the
average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a
printed blank paper ballot. The notice
shall 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 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) Delay for certain jurisdictions using voting
systems with wireless communication devices or internet
connections.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2022' were a reference to `the
applicable year', but only with respect to the
following requirements of this section.
``(I) Paragraph (9) of subsection
(a) (relating to prohibition of
wireless communication devices)
``(II) Paragraph (10) of subsection
(a) (relating to prohibition of
connecting systems to the internet)
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used a voting system
which is not in compliance with
paragraphs (9) or (10) of subsection
(a) (as amended or added by the Voter
Confidence and Increased Accessibility
Act of 2021) for the administration of
the regularly scheduled general
election for Federal office held in
November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as
provided in subclause (II), the term
`applicable year' means 2026.
``(II) Extension.--If a State or
jurisdiction certifies to the
Commission not later than January 1,
2026, that the State or jurisdiction
will not meet the requirements
described in subclauses (I) and (II) of
clause (i) by such date because it
would be impractical to do so and
includes in the certification the
reasons for the failure to meet the
deadline, the term `applicable year'
means 2030.''.
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) Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4), if a
provisional ballot is cast within the same county in which the
voter is registered or otherwise eligible to vote, then
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the county, the appropriate
election official of the jurisdiction in which the individual
is registered or otherwise eligible to vote shall count each
vote on such ballot for each election in which the individual
who cast such ballot is eligible to vote.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit a State or jurisdiction from counting a
provisional ballot which is cast in a different county within
the State than the county in which the voter is registered or
otherwise eligible to vote.
``(3) 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)(3)
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),
section 1056(a), section 1101(a), section 1102(a), section 1103(a), and
section 1104(a), is amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312, respectively; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--Each 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
a manner that allows the individual to receive, complete, and cast
their ballot in-person.
``(b) Minimum Early Voting Requirements.--
``(1) In general.--
``(A) Length of period.--The early voting period
required under this subsection with respect to an
election shall consist of a period of consecutive days
(including weekends) which begins on the 15th day
before the date of the election (or, at the option of
the State, on a day prior to the 15th day before the
date of the election) and ends no earlier than the
second day before the date of the election.
``(B) Hours for early voting.--Each polling place
which allows voting during an early voting period under
subparagraph (A) shall--
``(i) allow such voting for no less than 10
hours on each day during the period;
``(ii) have uniform hours each day for
which such voting occurs; and
``(iii) allow such voting to be held for
some period of time prior to 9:00 a.m (local
time) and some period of time after 5:00 p.m.
(local time).
``(2) Requirements for vote-by-mail jurisdictions.--In the
case of a jurisdiction that sends every registered voter a
ballot by mail--
``(A) paragraph (1) shall not apply;
``(B) such jurisdiction shall allow eligible
individuals to vote during an early voting period that
ensures voters are provided the greatest opportunity to
cast ballots ahead of election day and which includes
at least one consecutive Saturday and Sunday; and
``(C) each polling place which allows voting during
an early voting period under subparagraph (B) shall
allow such voting--
``(i) during the election office's regular
business hours; and
``(ii) for a period of not less than 8
hours on Saturdays and Sundays included in the
early voting period.
``(3) Requirements for small jurisdictions.--
``(A) In general.--In the case of a jurisdiction
described in subparagraph (B)--
``(i) paragraph (1)(B) shall not apply; and
``(ii) each polling place which allows
voting during the early voting period described
in paragraph (1)(A) shall allow such voting--
``(I) during the election office's
regular business hours; and
``(II) for a period of not less
than 8 hours on Saturdays and Sundays
included in the early voting period.
``(B) Jurisdiction described.--A jurisdiction is
described in this subparagraph if such jurisdiction--
``(i) had less than 3,000 registered voters
at the time of the most recent prior election
for Federal office; and
``(ii) consists of a geographic area that
is smaller than the jurisdiction of the county
in which such jurisdiction is located.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to limit the availability of additional
temporary voting sites which provide voters more
opportunities to cast their ballots but which do not
meet the requirements of this subsection;
``(B) to limit a polling place from being open for
additional hours outside of the uniform hours set for
the polling location on any day of the early voting
period; or
``(C) to limit a State or jurisdiction from
offering early voting on the Monday before election
day.
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, each State and jurisdiction shall ensure
that each polling place which allows voting during an early
voting period under subsection (b) is located within walking
distance of a stop on a public transportation route.
``(2) Availability in rural areas.--In the case of a
jurisdiction that includes a rural area, the State or
jurisdiction shall--
``(A) ensure that polling places which allow voting
during an early voting period under subsection (b) will
be located in such rural areas; and
``(B) ensure that such polling places are located
in communities which will provide the greatest
opportunity for residents of rural areas to vote during
the early voting period.
``(3) College campuses.--In the case of a jurisdiction that
includes an institution of higher education, the State or
jurisdiction shall--
``(A) ensure that an appropriate number of polling
places which allow voting during the early voting
period under subsection (b) will be located on the
campus of the institution of higher education; and
``(B) ensure that such polling places provide the
greatest opportunity for residents of the jurisdiction
to vote.
``(d) Standards.--Not later than June 30, 2022, the Commission
shall issue voluntary standards for the administration of voting during
voting periods which occur prior to the date of a Federal election.
Subject to subsection (c), such voluntary standards shall include the
nondiscriminatory geographic placement of polling places at which such
voting occurs.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--Each State or jurisdiction shall begin
processing and scanning ballots cast during in-person early
voting for tabulation not later than the date that is 14 days
prior to the date of the election involved, except that a State
may begin processing and scanning ballots cast during in-person
early voting for tabulation after such date if the date on
which the State begins such processing and scanning ensures, to
the greatest extent practical, that ballots cast before the
date of the election are processed and scanned before the date
of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an
election before the closing of the polls on the date of
the election unless such tabulation is a necessary
component of preprocessing in the State and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(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 Amendments Relating to Issuance of Voluntary
Guidance by Election Assistance Commission.--Section 321(b) of such Act
(52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b),
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
For the People Act of 2021, June 30, 2022.''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), section 1101(c), section
1102(c), section 1103(a), and section 1104(c), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312, respectively; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Early voting.''.
Subtitle I--Voting by Mail
SEC. 1621. VOTING BY MAIL.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1056(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), and section 1611(a),
is amended--
(A) by redesignating sections 311 and 312 as
sections 312 and 313, respectively; and
(B) by inserting after section 310 the following
new section:
``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State may
not impose any additional conditions or requirements on the
eligibility of the individual to cast the vote in such election
by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining 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 subparagraph may be construed to
prevent a State from requiring--
``(i) identifying information as part of a
voter registration application (including the
voter's date of birth or the last four digits
of the voter's social security number); or
``(ii) 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,
except that nothing in this subparagraph may be
construed to prohibit a State from enforcing a law
which has a witness signature requirement for a ballot
where a voter oath is attested to with a mark rather
than a voter's signature.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section or to exempt an individual
described in paragraph (5)(A) of section 303(b) from meeting
the requirements of paragraph (5)(B).
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting a mail-in ballot or absentee
ballot submitted by any individual with respect to an
election for Federal office unless the State meets the
due process requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the individual's signature on
the mail-in ballot or absentee ballot with the
individual's signature on the official list of
registered voters in the State or another official
record or other document used by the State to verify
the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits a mail-in ballot
or an absentee ballot and the appropriate State or
local election official determines that a discrepancy
exists between the signature on such ballot and the
signature of such individual on the official list of
registered voters in the State or other official record
or document used by the State to verify the signatures
of voters, such election official, prior to making a
final determination as to the validity of such ballot,
shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) a discrepancy exists between
the signature on such ballot and the
signature of the individual on the
official list of registered voters in
the State or other official record or
document used by the State to verify
the signatures of voters; and
``(II) if such discrepancy is not
cured prior to the expiration of the
third day following the State's
deadline for receiving mail-in ballots
or absentee ballots, such ballot will
not be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the third
day following the State's deadline for
receiving mail-in ballots or absentee ballots,
the individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing
signature or other defect.--If an individual submits a
mail-in ballot or an absentee ballot without a
signature or submits a mail-in ballot or an absentee
ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the
appropriate State or local election official, prior to
making a final determination as to the validity of the
ballot, shall--
``(i) as soon as practical, but no later
than the next business day after such
determination is made, make a good faith effort
to notify the individual by mail, telephone,
and (if available) text message and electronic
mail that--
``(I) the ballot did not include a
signature or has some other defect; and
``(II) if the individual does not
provide the missing signature or cure
the other defect prior to the
expiration of the third day following
the State's deadline for receiving
mail-in ballots or absentee ballots,
such ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the third day following the
State's deadline for receiving mail-in ballots
or absentee ballots, the individual provides
the official with the missing signature on a
form proscribed by the State or cures the other
defect.
This subparagraph does not apply with respect to a
defect consisting of the failure of a ballot to meet
the applicable deadline for the acceptance of the
ballot, as described in subsection (e).
``(C) Other requirements.--
``(i) In general.--An election official may
not make a determination that a discrepancy
exists between the signature on a mail-in
ballot or an absentee ballot and the signature
of the individual 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.
``(ii) Exception.--Clause (i)(III) shall
not apply to any State in which, under a law
that is in effect continuously on and after the
date of enactment of this section,
determinations regarding signature
discrepancies are made by election officials
who are not affiliated with a political party.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to the Commission a
report containing the following information for the
applicable Federal election cycle in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Submission to congress.--Not later than 10
days after receiving a report under subparagraph (A),
the Commission shall transmit such report to Congress.
``(C) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means, with respect to any regularly scheduled election
for Federal office, the period beginning on the day
after the date of the preceding regularly scheduled
general election for Federal office and ending on the
date of such regularly scheduled general election.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot
attempted to be cast in an election for Federal office
by an individual who is not eligible to vote in the
election; or
``(B) to prohibit a State from providing an
individual with more time and more methods for curing a
discrepancy in the individual's signature, providing a
missing signature, or curing any other defect than the
State is required to provide under this subsection.
``(c) Applications for Absentee Ballots.--
``(1) In general.--In addition to such other methods as the
State may establish for an individual to apply for an absentee
ballot, each State shall permit an individual to submit an
application for an absentee ballot online.
``(2) Treatment of websites.--A State shall be considered
to meet the requirements of paragraph (1) if the website of the
appropriate State or local election official allows an
application for an absentee ballot to be completed and
submitted online and if the website permits the individual--
``(A) to print the application so that the
individual may complete the application and return it
to the official; or
``(B) to request that a paper copy of the
application be transmitted to the individual by mail or
electronic mail so that the individual may complete the
application and return it to the official.
``(3) Ensuring delivery prior to election.--
``(A) In general.--If an individual who is eligible
to vote in an election for Federal office submits an
application for an absentee ballot in the election and
such application is received by the appropriate State
or local election official not later than the date that
is 5 days before the applicable date, the election
official shall ensure that the ballot and related
voting materials are promptly mailed to the individual.
``(B) Applications received close to election
day.--If an individual who is eligible to vote in an
election for Federal office submits an application for
an absentee ballot in the election and such application
is received by the appropriate State or local election
official after the date described in subparagraph (A)
but not later than the applicable date, the election
official shall, to the greatest extent practical,
ensure that the ballot and related voting materials are
mailed to the individual within 1 business day of the
receipt of the application.
``(C) Applicable date.--For purposes of this
paragraph, the term `applicable date' means, with
respect to any election for Federal office, the date
that is 7 days (excluding Saturdays, Sundays, and legal
public holidays) before the date of the election.
``(D) Rule of construction.--Nothing in this
paragraph shall preclude a State or local jurisdiction
from allowing for the acceptance and processing of
absentee ballot applications submitted or received
after the applicable date.
``(4) 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.
``(d) Accessibility for Individuals With Disabilities.--Each State
shall ensure that all absentee ballot applications, absentee ballots,
and related voting materials in elections for Federal office are
accessible to individuals with disabilities in a manner that provides
the same opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State or local election official may
not refuse to accept or process a ballot submitted by an
individual by mail with respect to an election for Federal
office in the State on the grounds that the individual did not
meet a deadline for returning the ballot to the appropriate
State or local election official if--
``(A) the ballot is postmarked or otherwise
indicated by the United States Postal Service to have
been mailed on or before the date of the election, 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 7-day
period which begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 7 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(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, each
State shall permit the individual to cast the ballot by
delivering the ballot at such times and to such locations as
the State may establish, including--
``(A) permitting the individual to deliver the
ballot to a polling place within the jurisdiction in
which the individual is registered or otherwise
eligible to vote on any date on which voting in the
election is held at the polling place; and
``(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.--A 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.--Each State or jurisdiction shall begin
processing and scanning ballots cast by mail for tabulation not
later than the date that is 14 days prior to the date of the
election involved, except that a State may begin processing and
scanning ballots cast by mail for tabulation after such date if
the date on which the State begins such processing and scanning
ensures, to the greatest extent practical, that ballots cast
before the date of the election are processed and scanned
before the date of the election.
``(2) Limitation.--Nothing in this subsection shall be
construed--
``(A) to permit a State to tabulate ballots in an
election before the closing of the polls on the date of
the election unless such tabulation is a necessary
component of preprocessing in the State and is
performed in accordance with existing State law; or
``(B) to permit an official to make public any
results of tabulation and processing before the closing
of the polls on the date of the election.
``(h) Prohibiting 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.''.
(2) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1056(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c), and
section 1611(c), is amended--
(A) by redesignating the items relating to sections
311 and 312 as relating to sections 312 and 313,
respectively; and
(B) by inserting after the item relating to section
310 the following new item:
``Sec. 311. Promoting ability of voters to vote by mail.''.
(b) Same-day Processing of Absentee Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the maximum
extent practicable, that any ballot carried by the Postal Service is
processed by and cleared from any postal facility or post office on the
same day that the ballot is received by that facility or post office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``3407. Same-day processing of ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of alternative
methods which could be used in place of signature verification
requirements for purposes of verifying the identification of an
individual voting by mail-in or absentee ballot in elections
for Federal office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).
SEC. 1622. BALLOTING MATERIALS TRACKING PROGRAM.
(a) In General.--
(1) Requirements.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1056(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1611(a), and
section 1621(a), is amended--
(A) by redesignating sections 312 and 313 as
sections 313 and 314, respectively; and
(B) by inserting after section 311 the following
new section:
``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of mail-in ballots and absentee ballots in an
election for Federal office under which the State or local election
official responsible for the receipt of such voted ballots in the
election carries out procedures to track and confirm the receipt of
such ballots, and makes information on the receipt of such ballots
available to the individual who cast the ballot.
``(b) Means of Carrying Out Program.--A State may meet the
requirements of subsection (a)--
``(1) through a program--
``(A) which is established by the State;
``(B) under which the State or local election
official responsible for the receipt of voted mail-in
ballots and voted absentee ballots in the election--
``(i) carries out procedures to track and
confirm the receipt of such ballots; and
``(ii) makes information on the receipt of
such ballots available to the individual who
cast the ballot; and
``(C) which meets the requirements of subsection
(c); or
``(2) through the ballot materials tracking service
established under section 1622(b) of the For the People Act of
2021.
``(c) State Program Requirements.--The requirements of this
subsection are as follows:
``(1) Information on whether vote was accepted.--The
information referred to under subsection (b)(1)(B)(ii) with
respect to the receipt of mail-in ballot or an absentee ballot
shall include information regarding whether the vote cast on
the ballot was accepted, and, in the case of a vote which was
rejected, the reasons therefor.
``(2) Availability of information.--Information on whether
a ballot was accepted or rejected shall be available within 1
business day of the State accepting or rejecting the ballot.
``(3) Accessibility of information.--
``(A) In general.--Except as provided under
subparagraph (B), the information provided under the
program shall be available by means of online access
using the internet site of the State or local election
office.
``(B) Use of toll-free telephone number by
officials without internet site.--In the case of a
State or local election official whose office does not
have an internet site, the program shall require the
official to establish a toll-free telephone number that
may be used by an individual who cast an absentee
ballot to obtain the information required under
subsection (b)(1)(B).
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(2) Conforming amendments.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a))
is amended by striking subsection (h) and redesignating
subsection (i) as subsection (h).
(b) Balloting Materials Tracking Service.--
(1) In general.--Not later than January 1, 2024, the
Secretary of Homeland Security, in consultation with the Chair
of the Election Assistance Commission, the Postmaster General,
the Director of the General Services Administration, the
Presidential designee, and State election officials, shall
establish a balloting materials tracking service to be used by
State and local jurisdictions to inform voters on the status of
voter registration applications, absentee ballot applications,
absentee ballots, and mail-in ballots.
(2) Information tracked.--The balloting materials tracking
service established under paragraph (1) shall provide to a
voter the following information with respect to that voter:
(A) In the case of balloting materials sent by
mail, tracking information from the United States
Postal Service and the Presidential designee on
balloting materials sent to the voter and, to the
extent feasible, returned by the voter.
(B) The date on which any request by the voter for
an application for voter registration or an absentee
ballot was received.
(C) The date on which any such requested
application was sent to the voter.
(D) The date on which any such completed
application was received from the voter and the status
of such application.
(E) The date on which any mail-in ballot or
absentee ballot was sent to the voter.
(F) The date on which any mail-in ballot or
absentee ballot was received by the voter.
(G) The date on which the post office processes the
ballot.
(H) The date on which post office delivered the
ballot to the election office.
(I) Whether such ballot was accepted and counted,
and in the case of any ballot not counted, the reason
why the ballot was not counted.
The information described in subparagraph (I) shall be
available not later than 1 day after a determination is made on
whether or not to accept and count the ballot.
(3) Method of providing information.--The balloting
materials tracking service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials tracking service in connection with any Federal,
State, or local election.
(5) Presidential designee.--For purposes of this
subsection, the term ``Presidential designee'' means the
Presidential designee under section 101(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 30201).
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(c) Reimbursement for Costs Incurred by States in Establishing
Program.--Subtitle D of title II of the Help America Vote Act of 2002
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following
new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments for Costs of Program.--In accordance with this
section, the Commission shall make a payment to a State to reimburse
the State for the costs incurred in establishing the absentee ballot
tracking program under section 312(b)(1) (including costs incurred
prior to the date of the enactment of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2022 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(d) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), 1056(b), section 1101(c), section 1102(c),
section 1103(a), section 1104(c), section 1611(c), and section 1621(a),
is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``PART 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314, respectively; and
(3) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Absentee ballot tracking program.''.
SEC. 1623. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 1621(b), is amended by adding at
the end the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot carried by
the Postal Service, the Postal Service shall indicate on the ballot
envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 1621(b), is amended by adding at the end the
following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after January 1, 2022.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1056(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1611(a),
section 1621(a), and section 1622(a), is amended--
(A) by redesignating sections 313 and 314 as
sections 314 and 315, respectively; and
(B) by inserting after section 312 the following
new section:
``SEC. 313. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined for
a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode is utilized for any
official ballot relating to an election for Federal office that
is destined for a domestic or international address, ensure the
specific ballot service type identifier for such mail is
visible.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on and after January 1,
2022.''.
(2) Voluntary guidance.--Section 321(b)(4) of such Act (52
U.S.C. 21101(b)), as added and redesignated by section 1101(b)
and as amended by sections 1102, 1103 and 1104, is amended by
striking ``and 309'' and inserting ``309, and 313''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1056(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1611(c), section 1621(a), and section 1622(a), is
amended--
(A) by redesignating the items relating to sections
313 and 314 as relating to sections 314 and 315; and
(B) by inserting after the item relating to section
312 the following new item:
``Sec. 313. Ballot visibility.''.
SEC. 1624. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section
1623(a), is amended by adding at the end the following:
``Sec. 3409. Domestic election mail; restriction of operational changes
prior to elections
``(a) Definition.--In this section, the term `election mail'
means--
``(1) a blank or completed voter registration application
form, voter registration card, or similar materials, relating
to an election for Federal office;
``(2) a blank or completed absentee and other mail-in
ballot application form, and a blank or completed absentee or
other mail-in ballot, relating to an election for Federal
office, and
``(3) other materials relating to an election for Federal
office that are mailed by a State or local election official to
an individual who is registered to vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act), individually or in bulk,
shall be carried--
``(1) in accordance with the service standards established
for first-class mail under section 3691; and
``(2) free of postage.
``(c) Restriction of Operational Changes.--During the 120-day
period which ends on the date of an election for Federal office, the
Postal Service may not carry out any new operational change that would
restrict the prompt and reliable delivery of election mail. This
subsection applies to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than for
routine maintenance.
``(d) Election Mail Coordinator.--The Postal Service shall appoint
an Election Mail Coordinator at each area office and district office to
facilitate relevant information sharing with State, territorial, local,
and Tribal election officials in regards to the mailing of election
mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended by
striking ``sections 3217 and 3403 through 3406'' and inserting
``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 34 of title 39, United States Code, as amended by section
1623(a), is amended by adding at the end the following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section shall
apply to election mail relating to an election for Federal office
occurring on or after January 1, 2022.
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 certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 46 days before the election. The
report shall be in a form prescribed by the Attorney General
and shall require the State to certify specific information
about ballot availability from each unit of local government
which will administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before
any election for Federal office held in a State, the
chief State election official of such State shall
submit a report containing the information in
subparagraph (B) to the Attorney General.
``(B) Information reported.--The report under
subparagraph (A) shall consist of the following:
``(i) The total number of absentee ballots
validly requested by absent uniformed services
voters and overseas voters whose requests were
received by the 47th day before the election by
each unit of local government within the State
that will transmit absentee ballots.
``(ii) The total number of ballots
transmitted to such voters by the 46th day
before the election by each unit of local
government within the State that will
administer the election.
``(iii) Specific information about any late
transmitted ballots.
``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A)
shall be in a format prescribed by the Attorney General
in consultation with the chief State election officials
of each State.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Election
Assistance Commission on the combined number of absentee
ballots transmitted to absent uniformed services voters and
overseas voters for the election and the combined number of
such ballots which were returned by such voters and cast in the
election, and shall make such report available to the general
public that same day.''.
SEC. 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, a local election
official, or unit of local government violated any provision of
this title, it may, to vindicate the public interest, assess a
civil penalty against the State, local election official, or
unit of local government--
``(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
violation of this title by a State, a local election official, or unit
of local government 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.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit an election official or a unit of local
government from being named as a defendant.''.
(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. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is
amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (52 U.S.C.
20302(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall
transmit the absentee ballot not later than 46 days
before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) In general.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide
for the return of such ballot by
express delivery.
``(iii) Cost of express delivery.--In any
case in which express delivery is required
under this subparagraph, the cost of such
express delivery--
``(I) shall not be paid by the
voter; and
``(II) if determined appropriate by
the chief State election official, may
be required by the State to be paid by
a local jurisdiction.
``(iv) Exception.--Clause (ii)(II) shall
not apply when an absent uniformed services
voter or overseas voter indicates the
preference to return the late sent absentee
ballot by electronic transmission in a State
that permits return of an absentee ballot by
electronic transmission.
``(v) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of
this provision or to effectuate the purposes of
this Act.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm,
volcanic eruption, landslide, fire, flood, or
explosion), or an act of terrorism prevents the State
from transmitting any absentee ballot by the 46th day
before the election as required by subparagraph (A),
the chief State election official shall notify the
Attorney General as soon as practicable and take all
actions necessary, including seeking any necessary
judicial relief, to ensure that affected absent
uniformed services voters and overseas voters are
provided a reasonable opportunity to receive and return
their absentee ballots in time to be counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a valid
request for an absentee ballot is received less than 47 days
but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot within one
business day of receipt of the request.''.
SEC. 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. TREATMENT OF BALLOT REQUESTS.
``(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the end of the
calendar year following the next regularly scheduled general election
for Federal office, the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Requirement for Revision to Postcard Form.--
(1) In general.--The Presidential designee shall ensure
that the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the
form to--
(A) request an absentee ballot for each election
for Federal office held in a State through the end of
the calendar year following the next regularly
scheduled general election for Federal office; or
(B) request an absentee ballot for a specific
election or elections for Federal office held in a
State during the period described in subparagraph (A).
(2) Presidential designee.--For purposes of this paragraph,
the term ``Presidential designee'' means the individual
designated under section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of the enactment of this Act.
SEC. 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), as amended by section 1622, is amended by adding
at the end the following new subsection:
``(i) Guarantee of Residency for Spouses and Dependents of Absent
Members of Uniformed Service.--For the purposes of voting in any
election for any Federal office or any State or local office, a spouse
or dependent of an individual who is an absent uniformed services voter
described in subparagraph (A) or (B) of section 107(1) shall not,
solely by reason of that individual's absence and without regard to
whether or not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 1706. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT
AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by
striking ``general elections'' and inserting ``general, special,
primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (52 U.S.C.
20303) is amended--
(1) in subsection (b)(2)(B), by striking ``general''; and
(2) in the heading thereof, by striking ``general''.
SEC. 1707. TREATMENT OF POST CARD REGISTRATION REQUESTS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302), as amended by sections 1622 and 1705, is amended
by adding at the end the following new subsection:
``(j) Treatment of Post Card Registrations.--A State shall not
remove any absent uniformed services voter or overseas voter who has
registered to vote using the official post card form (prescribed under
section 101) from the official list of registered voters except in
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507).''.
SEC. 1708. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by
striking ``and American Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 1709. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION
AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN
ISLANDS AND GUAM.
Section 2 of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands shall each be
represented in Congress by a Delegate to the House of
Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is
amended--
(1) by striking ``(a) The Delegate'' and inserting ``The
Delegate'';
(2) by striking ``on the fourteenth day following such an
election'' in the fourth sentence of subsection (a); and
(3) by striking subsection (b).
SEC. 1710. 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
elections for Federal elections.
SEC. 1711. 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--
(i) youth and minors, including by
recruiting at institutions of higher education
and secondary education; and
(ii) diversity, including with respect to
race, ethnicity, and disability; and
(E) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(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.--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.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b) (including any
individual who seeks to enforce the individual's right to a voter-
verifiable paper ballot, the right to have the voter-verifiable paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2022 or any succeeding year.
Subtitle 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 section 1013 of the For the People Act of
2021.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, upon initial enrollment of
a student,'' after ``assistance,''.
(b) Responsibilities of Institutions Under Higher Education Act of
1965.--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) The institution will make every reasonable effort
to--
``(i) distribute voter registration applications
for elections for Federal office using a form that
meets the requirements of section 9(b) of the National
Voter Registration Act of 1993 (52 U.S.C. 20508), which
may include sharing a direct, guided link to such
application, to each student enrolled at the
institution who has not been automatically registered
to vote by the institution in accordance with section
1013 of the For the People Act of 2021, including
students who do not qualify as an in-State student as
defined in section 1013(f)(2) of the For the People Act
of 2021;
``(ii) provide clear guidance that each student
enrolled at the institution should--
``(I) register in the State in which the
student is eligible to vote in the next
election if registration is required, which may
include informing students from another State
of the ability to vote in the State of the
institution in which the students are enrolled
and physically in attendance, in accordance
with applicable State law; and
``(II) in the case of a student who has
already registered to vote in a State described
in subclause (I), update the student's existing
voter registration if the student's address has
changed recently or since the last election in
which the student was eligible to vote;
``(iii) periodically share credible, nonpartisan
resources (to be identified in consultation with the
Election Assistance Commission) to help students
determine where and how they are eligible to vote,
which may include resources from State and local
election officials on voter registration and voting
requirements, including voter registration deadlines,
residency requirements, voter identification
requirements, and absentee voting options, as
applicable; and
``(iv) in distributing voting materials (as defined
in section 203(b)(3) of the Voting Rights Act of 1965
(52 U.S.C. 10503(b)(3)) that are produced by a covered
State or political subdivision described in subsection
203(b)(2) of such Act, ensure to the greatest extent
practicable that--
``(I) such voting materials are provided in
accordance with section 203 of that Act (52
U.S.C. 10503); and
``(II) all materials and information made
available electronically under this paragraph--
``(aa) are accessible to
individuals with disabilities; and
``(bb) are compliant with the most
recent Web Content Accessibility
Guidelines, or successor guidelines.
``(B) An institution shall be considered to have
satisfied the requirements of clauses (i), (ii), and
(iii) of subparagraph (A) if--
``(i) with respect to each student enrolled
in the institution who is not exclusively
enrolled in distance education at the
institution and who has not already been
registered to vote by the institution in
accordance with section 1013 of the For the
People Act of 2021, including students who do
not qualify as an in-State student as defined
in section 1013(f)(2) of such Act--
``(I) the institution, not less
than 30 days in advance of the deadline
for registering to vote within the
State for the next scheduled statewide
Federal or State primary election and
not less than 30 days in advance of the
deadline for registering to vote within
the State for the next scheduled
statewide Federal or State general
election--
``(aa) distributes voter
registration applications to
such students; or
``(bb) electronically
transmits a message to each
such student that is devoted
exclusively to voter
registration and contains a
voter registration application
acceptable for use in the State
in which the institution is
located, or an internet address
where such voter registration
application can be accessed or
downloaded;
``(II) during a period that an
institution requires or encourages such
students to remain off-campus due to a
national, State, or local public health
or other emergency for an extended
period of time, resulting in a
significant disruption to such
students' ability to vote in person, as
applicable, the institution
additionally--
``(aa) requests that the
State provide the institution
with absentee ballot
applications, as applicable, or
that the State share the
official State website or
online portal through which
eligible voters can directly
request an absentee ballot;
``(bb) distributes to each
such student an absentee ballot
application requested from the
State under item (aa) or the
official State website or
online portal through which
eligible voters can directly
request an absentee ballot,
with instructions that the
form, website, or online portal
should be used only by students
eligible to vote in the State;
``(cc) notifies such
students of--
``(AA) applicable
deadlines for
requesting and
submitting an absentee
ballot; and
``(BB) additional
options for early and
in-person voting and
voting on Election Day,
as applicable; and
``(dd) shares credible,
nonpartisan resources (to be
identified in consultation with
the Election Assistance
Commission) to help students
who are registered in another
State to apply for absentee
ballots in such State, which
may include resources from
State and local election
officials; and
``(III) the institution ensures
that an appropriate staff person or
office has been designated as a Campus
Vote Coordinator, who shall--
``(aa) ensure compliance in
accordance with this paragraph
at the institution;
``(bb) be publicly
designated as the Campus Vote
Coordinator, including the
Campus Vote Coordinator's
contact information, on the
website of the institution; and
``(cc) upon request,
provide to students residency
requirements for voting,
including the ability of
students from other States to
vote in the State of the
institution in which they are
enrolled and physically in
attendance, in accordance with
applicable State law; and
``(ii) with respect to each student
enrolled exclusively in distance education or
correspondence programs, the institution--
``(I)(aa) transmits a message
devoted exclusively to voter
registration that refers such students
to a centralized voter registration
website or platform by providing the
Internet address or other method to
access such website or platform, that--
``(AA) provides applicable
voter registration application
and voting information for all
States; and
``(BB) is hosted by a
website operated by the
Federal, State or local
government;
``(bb) transmits such message not
less than twice in each calendar year;
and
``(cc) maintains information on the
institution's website containing
credible, nonpartisan resources to help
students determine where and how they
are eligible to vote, or a link to such
resources, and boosts awareness of such
information on the institution's social
media platforms; or
``(II) provides information to such
students in the same manner as the
institution provides information to
students not enrolled exclusively in
distance education under clause (i)(I).
``(C) The institution will substantially comply
with the requirements that apply to the institution
under section 7 of the National Voter Registration Act
of 1993 (52 U.S.C. 20506) or section 1013 of the For
the People Act of 2021, as the case may be.
``(D) In this paragraph--
``(i) the term `voter registration
application' means the mail voter registration
application form for elections for Federal
office prescribed pursuant to section 9 of the
National Voter Registration Act of 1993 (52
U.S.C. 20508);
``(ii) the term `absentee ballot' means any
ballot cast by any means other than in person
and for which the State requires an
application;
``(iii) the term `distance education' has
the meaning given the term in section 103,
except such term shall not include distance
education that is provided due to a decision of
an institution to require or encourage students
of the institution to remain off-campus due to
a national, State, or local public health or
other emergency; and
``(iv) the term `Federal office' has the
meaning given in section 301(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30101(3)).''.
(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 (b),
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
and voter education 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 mobilization.
(3) Authorization of appropriations; reservation.--
(A) 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.
(B) Reservation.--Of the funds appropriated under
subparagraph (A) for a fiscal year, the Secretary of
Education 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) Requirement for precinct-based polling.--
``(A) In general.--If an applicable individual has
been assigned to a polling place that is different than
the polling place that such individual was assigned
with respect to the most recent past election for
Federal office in which the individual was eligible to
vote--
``(i) the appropriate election official
shall, not later than 2 days before the
beginning of an early voting period--
``(I) notify the individual of the
location of the polling place not later
than 2 days before the beginning of an
early voting period; and
``(II) post a general notice on the
website of the State or jurisdiction,
on social media platforms (if
available), and on signs a the prior
polling place; and
``(ii) if such assignment is made after the
date which is 2 days before the beginning of an
early voting period and the individual appears
on the date of the election at the polling
place to which the individual was previously
assigned, the jurisdiction shall make every
reasonable effort to enable the individual to
vote a ballot on the date of the election
without the use of a provisional ballot.
``(B) Applicable individual.--For purposes of
subparagraph (A), the term `applicable individual'
means, with respect to any election for Federal office,
any individual--
``(i) who is registered to vote in a
jurisdiction for such election and was
registered to vote in such jurisdiction for the
most recent past election for Federal office;
and
``(ii) whose voter registration address has
not changed since such most recent past
election for Federal office.
``(C) Methods of notification.--The appropriate
election official shall notify an individual under
clause (i)(I) of subparagraph (A) by mail, telephone,
and (if available) text message and electronic mail,
taking into consideration factors which include the
linguistic preferences of voters in the jurisdiction.
``(2) Requirements for vote centers.--In the case of a
jurisdiction in which individual are not assigned to specific
polling places, not later than 2 days before the beginning of
an early voting period, the appropriate election official shall
notify each voter eligible to vote in such jurisdiction of the
location of all polling places at which the individual may
vote.
``(3) Notice with respect to closed polling places.--
``(A) In general.--If a location which served as a
polling place for an election for Federal office in a
State does not serve as a polling place in the next
election for Federal office held in the State, the
State shall ensure that signs, taking into
consideration factors which include the linguistic
preferences of voters in the jurisdiction, are posted
at such location on the date of the election and during
any early voting period for the election containing the
following information:
``(i) A statement that the location is not
serving as a polling place in the election.
``(ii) The locations serving as polling
places in the election in the jurisdiction
involved.
``(iii) The name and address of any
substitute polling place serving the same
precinct and directions from the former polling
place to the new polling place.
``(iv) Contact information, including a
telephone number and website, for the
appropriate State or local election official
through which an individual may find the
polling place to which the individual is
assigned for the election.
``(B) Internet posting.--Each State which is
required to post signs under subparagraph (A) shall
also provide such information through a website and
through social media (if available).
``(4) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(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.--Subtitle A of title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 303 the following new section:
``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT OR STUDENT
IDENTIFICATION CARD TO MEET IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement or Student Identification Card.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect any 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--
``(i) 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
``(ii) if such individual is a student
enrolled at an institution of higher education
(as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), a
student identification card assigned to the
individual from an institution of higher
education; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot--
``(i) the statement described in
subparagraph (A)(i); or
``(ii) if such individual is a student
enrolled at an institution of higher education
(as so defined), a copy of the student
identification card described in subparagraph
(A)(ii).
``(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)(i) 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)(i) 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 or presents a student identification card 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 to the requirements under
paragraph (2) of section 303(b) with respect to any individual
described in paragraph (1) of such section who is required to meet the
requirements of paragraph (2) of such section or to an individual
described in paragraph (5)(A) of section 303(b) who is required to meet
the requirements of paragraph (5)(B) of such section.''.
(b) Requiring States To Include Information on Use of Sworn Written
Statement and Student Identification Card 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 any
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 or student identification card
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 or student
identification card to meet identification
requirements.''.
(d) 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 be required only 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 be required only 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. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
(a) In General.--
(1) Requirement.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1056(a), section 1101(a), section
1102(a), section 1103(a), section 1104(a), section 1611(a),
section 1621(a), section 1622(a), and section 1623(b), is
amended--
(A) by redesignating sections 314 and 315 as
sections 315 and 316, respectively; and
(B) by inserting after section 313 the following
new section:
``SEC. 314. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State or jurisdiction shall take
reasonable efforts to provide a sufficient number of voting
systems, poll workers, and other election resources (including
physical resources) at a polling place used in any election for
Federal office, including a polling place at which individuals
may cast ballots prior to the date of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State or jurisdiction; and
``(B) that no individual will be required to wait
longer than 30 minutes to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State or
jurisdiction shall take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by the
polling place, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(I) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed--
``(A) to authorize a State or jurisdiction to meet
the requirements of this subsection by closing any
polling place, prohibiting an individual from entering
a line at a polling place, or refusing to permit an
individual who has arrived at a polling place prior to
closing time from voting at the polling place; or
``(B) to limit the use of mobile voting centers.
``(b) Limiting Variations on Number of Hours of Operation of
Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), each State shall
establish hours of operation for all polling places in
the State on the date of any election for Federal
office held in the State such that the polling place
with the greatest number of hours of operation on such
date is not in operation for more than 2 hours longer
than the polling place with the fewest number of hours
of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the
State establishes variations in the hours of operation
of polling places on the basis of the overall
population or the voting age population (as the State
may select) of the unit of local government in which
such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply in
the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local
government in which the polling place is located; or
``(B) which is required pursuant to an order by a
court to extend its hours of operation beyond the hours
otherwise established.
``(c) Effective Date.--This section shall take effect upon the
expiration of the 180-day period which begins on the date of the
enactment of this subsection.''.
(2) Conforming amendments relating to issuance of voluntary
guidance by election assistance commission.--Section 321(b) of
such Act (52 U.S.C. 21101(b)), as redesignated and amended by
section 1101(b) and as amended by sections, 1102, 1103, 1104,
and 1611, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6);
(C) in paragraph (6), as so redesignated, by
striking ``paragraph (4)'' and inserting ``paragraph
(4) or (5)''; and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) in the case of the recommendations with respect to
section 314, 180 days after the date of the enactment of such
section; and''.
(3) Clerical amendments.--The table of contents of such
Act, as amended by section 1031(c), section 1056(b), section
1101(c), section 1102(c), section 1103(a), section 1104(c),
section 1611(c), section 1621(a), section 1622(a), and section
1623(b), is amended--
(A) by redesignating the items relating to sections
314 and 315 as relating to sections 315 and 316,
respectively; and
(B) by inserting after the item relating to section
313 the following new item:
``Sec. 314. Ensuring equitable and efficient operation of polling
places.''.
(b) Study of Methods to Enforce Fair and Equitable Waiting Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a joint
study of the effectiveness of various methods of enforcing the
requirements of section 314(a) of the Help America Vote Act of
2002, as added by subsection (a), including methods of best
allocating resources to jurisdictions which have had the most
difficulty in providing a fair and equitable waiting time at
polling places to all voters, and to communities of color in
particular.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish and
submit to Congress a report on the study conducted under
paragraph (1).
SEC. 1906. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1056(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(b), and section 1905(a), is amended--
(1) by redesignating sections 315 and 316 as sections 316
and 317, respectively; and
(2) by inserting after section 314 the following new
section:
``SEC. 315. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.
``(a) Requiring Use of Drop Boxes.--Each jurisdiction 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 ballots in an election for Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The period
described in this subsection is, with respect to an election, the
period which begins on the first day on which the jurisdiction sends
mail-in ballots or absentee ballots (other than ballots for absent
uniformed overseas voters (as defined in section 107(1) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20310(1))) or overseas voters (as defined in section 107(5) of such Act
(52 U.S.C. 20310(5)))) to voters for such election and which ends at
the time the polls close for the election in the jurisdiction involved.
``(c) Accessibility.--
``(1) Hours of access.--
``(A) In general.--Except as provided in
subparagraph (B), each drop box provided under this
section shall be accessible to voters for a reasonable
number of hours each day.
``(B) 24-hour drop boxes.--
``(i) In general.--Of the number of drop
boxes provided in any jurisdiction, not less
the required number shall be accessible for 24-
hours per day during the period described in
subsection (b).
``(ii) Required number.--The required
number is the greater of--
``(I) 25 percent of the drop boxes
required under subsection (d); or
``(II) 1 drop box.
``(2) Population.--
``(A) In general.--Drop boxes provided under this
section shall be accessible for use--
``(i) by individuals with disabilities, as
determined in consultation with the protection
and advocacy systems (as defined in section 102
of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C.
15002)) of the State;
``(ii) by individuals with limited
proficiency in the English language; and
``(iii) by homeless individuals (as defined
in section 103 of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11302)) within the
State.
``(B) Determination of accessibility for
individuals with disabilities.--For purposes of this
paragraph, drop boxes shall be considered to be
accessible for use by individuals with disabilities if
the drop boxes meet such criteria as the Attorney
General may establish for such purposes.
``(C) Rule of construction.--If a drop box provided
under this section is on the grounds of or inside a
building or facility which serves as a polling place
for an election during the period described in
subsection (b), nothing in this subsection may be
construed to waive any requirements regarding the
accessibility of such polling place for the use of
individuals with disabilities, individuals with limited
proficiency in the English language, or homeless
individuals.
``(d) Number of Drop Boxes.--Each jurisdiction shall have--
``(1) in the case of any election for Federal office prior
to the regularly scheduled general election for Federal office
held in November 2024, not less than 1 drop box for every
45,000 registered voters located in the jurisdiction; and
``(2) in the case of the regularly scheduled general
election for Federal office held in November 2024 and each
election for Federal office occurring thereafter, not less than
the greater of--
``(A) 1 drop box for every 45,000 registered voters
located in the jurisdiction; or
``(B) 1 drop box for every 15,000 votes that were
cast by mail in the jurisdiction in the most recent
general election that includes an election for the
office of President.
In no case shall a jurisdiction have less than 1 drop box for
any election for Federal office.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a jurisdiction on
the basis of criteria which ensure that the drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
jurisdiction, including rural communities and on Tribal lands
within the jurisdiction (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a timely
manner.
``(f) 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 jurisdiction, 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 311(g) (relating to the timing of the processing and
scanning of ballots for tabulation), a vote cast using a drop box
provided under this section shall be treated in the same manner as a
ballot cast by mail.
``(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.--Nothing in this section shall prohibit
a State from providing 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 Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1611(c), section
1621(c), section 1622(a), section 1623(b), and section 1905(a), is
amended--
(1) by redesignating the items relating to sections 315 and
316 as relating to sections 316 and 317, respectively; and
(2) by inserting after the item relating to section 314 the
following new item:
``Sec. 315. Use of secured drop boxes for voted absentee ballots.''.
SEC. 1907. 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 1056(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(b), section 1905(a), and section 1906(a), is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new
section:
``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside voting
as a method by which individuals may cast ballots in the
election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by 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 Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1611(c), section
1621(a), section 1622(a), section 1623(b), section 1905(a), and section
1906(b), is amended--
(1) by redesignating the items relating to sections 316 and
317 as relating to sections 317 and 318, respectively; and
(2) by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Prohibiting States from restricting curbside voting.''.
SEC. 1908. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES
AT POLLING STATIONS.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1056(a), section 1101(a), section 1102(a), section 1103(a),
section 1104(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(b), section 1905(a), section 1906(a), and section 1907(a),
is amended--
(1) by redesignating sections 317 and 318 as sections 318
and 319, respectively; and
(2) by inserting after section 316 the following new
section:
``SEC. 317. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND
BEVERAGES AT POLLING STATIONS.
``(a) Prohibition.--A State may not impose any restriction on
providing food and nonalcoholic beverages to persons at a polling
location for a Federal election, provided that such food and
nonalcoholic beverages are distributed without regard to the electoral
participation or political preferences of the recipients.
``(b) Effective Date.--This section shall apply with respect to
elections for Federal office occurring on and after January 1, 2022.''.
(b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C.
21101(b)), as added and redesignated by section 1101(b) and as amended
by sections 1102, 1103, 1104, and 1623, is amended by striking ``and
313'' and inserting ``313, and 317''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1056(b), section 1101(c), section
1102(c), section 1103(a), section 1104(c), section 1611(c), section
1621(a), section 1622(a), section 1623(b), section 1905(a), section
1906(b), and section 1907(b) is amended--
(1) by redesignating the items relating to sections 317 and
318 as relating to sections 319 and 320, respectively; and
(2) by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Prohibiting States from restricting donations of food and
beverages at polling stations.''.
SEC. 1909. 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.
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 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) Publication.--Each State and jurisdiction shall make
the plan established under paragraph (1) publicly available,
except that such State or jurisdiction may redact provisions
necessary to preserve national security or public safety.
(3) 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, election staff, 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 of 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 LAWS TO COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
(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, 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. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT
TELEPHONE INFORMATION.
(a) Amendment to Help America Vote Act of 2002.--Subtitle A of
title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et
seq.), as amended by section 1031(a), section 1056(a) section 1101(a),
section 1102(a), section 1103(a), section 1104(a), section 1611(a),
section 1621(a), section 1622(a), section 1623(b),section 1905(a),
section 1906(a), section 1907(a), and section 1908(a), is amended--
(1) by redesignating section 319 as section 320; and
(2) by inserting after section 318 the following new
section:
``SEC. 319. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT
COLLECT TELEPHONE INFORMATION.
``(a) In General.--To the extent that any provision of this title
imposes a requirement on a State or jurisdiction relating to contacting
voters by telephone, such provision shall not apply in the case of any
State in which continuously on and after the date of the enactment of
this Act, does not collect telephone numbers for voters as part of
voter registration in the State with respect to an election for Federal
office.
``(b) Exception.--Subsection (a) shall not apply in any case in
which the voter has voluntarily provided telephone information.''.
(b) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1101(d), section 1102(c), section
1103(a)(3), section 1104(c), section 1611(c), section 1621(c), section
1622(c), section 1623(b), section 1905(b), section 1906(a), section
1907(b), and section 1908(b), is amended--
(1) by redesignating the items relating to sections 319 as
relating to sections 320; and
(2) by inserting after the item relating to section 318 the
following new item:
``Sec. 319. Application of certain provisions to States which do not
collect telephone information.''.
SEC. 1934. 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. 1935. 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.
Subtitle O--Increased Protections for Election Workers
SEC. 1941. HARASSMENT OF ELECTION WORKERS PROHIBITED.
(a) In General.--Chapter 29 of title 18, United 6 States Code, as
amended by section 1071(a), is amended by adding at the end the
following new section:
``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS.
``(a) Harassment of Election Workers.--It shall be unlawful for any
person, whether acting under color of law or otherwise, to intimidate,
threaten, coerce, harass, or attempt to intimidate, threaten, coerce or
harass an election worker described in subsection (b) with intent to
impede, intimidate, or interfere with such official while engaged in
the performance of official duties, or with intent to retaliate against
such official on account of the performance of official duties.
``(b) Election Worker Described.--An election worker as described
in this section is any individual who is an election official, poll
worker, or an election volunteer in connection with an election for a
Federal office.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined not more than $100,000, imprisoned for not more than 5 years, or
both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 1071(b), is amended
by adding at the end the following new item:
``613. Harassment of election related officials.''.
SEC. 1942. PROTECTION OF ELECTION WORKERS.
Paragraph (2) of section 119(b) of title 18, United States Code, is
amended by striking ``or'' at the end of subparagraph (C), by inserting
``or'' at the end of sub-paragraph (D), and by adding at the end the
following new subparagraph:
``(E) any individual who is an election official, a
poll worker, or an election volunteer in connection
with an election for a Federal office;''.
Subtitle P--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 the Commitment of Congress to Restore
the Voting Rights Act of 1965
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,
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 9 field
hearings in Indian Country (2017 and 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 of 1965 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 of 1965 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
and the Voting Rights Advancement Act.
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 World War I, 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.--After August 31, 2021, and before October 1,
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 determines are 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 (demonstrated
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 determines is
appropriate.
(h) Consensus Views.--To the greatest extent practicable, the
report issued under subsection (g) shall reflect the shared views of
all 12 Members of the Task Force, 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 14th amendment to the Constitution gives Congress the power
to enact laws to enforce section 2 of such amendment, which
requires Representatives to be apportioned among the several
States according to their number.
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), 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 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 that 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 2
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 2
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) 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
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
(1), 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 as necessary to comply with the criteria described in
paragraphs (1) through (3) of subsection (a), to achieve partisan
fairness and comply with subsection (b), and to enable the
redistricting plan to be measured against the external metrics
described in section 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 one 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 2414, 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--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes; and
(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)(C), 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 usable 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 (52 U.S.C. 10503).
(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 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 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 paragraphs (2) and (3) of section
2403(a).
(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 paragraphs (2) and (3) of section
2403(a).
(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 (52 U.S.C. 10301 et seq.)
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 for the State by the nonpartisan agency pursuant
to section 2412(b).
(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 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)(8).
(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 (52 U.S.C. 10301 et seq.), 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), 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 2454, 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--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes; and
(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 (52 U.S.C. 10503).
(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 available 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 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) 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 election mail, unless the election mail has been
returned as undeliverable.
``(C) The failure of the registrant to take any
other action with respect to voting in any election or
with respect to the registrant's status as a
registrant.
``(3) Exception.--This subsection shall not prevent a State
from considering the factors described in paragraph (2) when
removing a registrant from the official list of voters pursuant
to section 8(d)(1)(B), provided that the notice sent under
section 8(d)(2) was itself sent on the basis of objective and
reliable evidence.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a
State removes the name of a registrant from the
official list of eligible voters, the State shall send
notice of the removal to the former registrant, and
shall include in the notice the grounds for the removal
and information on how the former registrant may
contest the removal or be reinstated, including a
telephone number for the appropriate election official.
``(B) Exceptions.--Subparagraph (A) does not apply
in the case of a registrant--
``(i) who sends written confirmation to the
State that the registrant is no longer eligible
to vote in the registrar's jurisdiction in
which the registrant was registered; or
``(ii) who is removed from the official
list of eligible voters by reason of the death
of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters (as
described in section 8(a)(4)), the State shall disseminate a
public notice through such methods as may be reasonable to
reach the general public (including by publishing the notice in
a newspaper of wide circulation and posting the notice on the
websites of the appropriate election officials) that list
maintenance is taking place and that registrants should check
their registration status to ensure no errors or mistakes have
been made. The State shall ensure that the public notice
disseminated under this paragraph is in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.''.
(b) Conditions for Transmission of Notices of Removal.--Section
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end
the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``registrants'' the second place it appears
and inserting ``and subject to section 8A of such Act,
registrants''.
(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 lifelong 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.
(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.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1622(c), is amended by adding at the end the following
new part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) which does not meet the requirements
which are first imposed on the State pursuant
to the amendments made by the Voter Confidence
and Increased Accessibility Act of 2021 with a
voting system which--
``(I) does meet such requirements;
and
``(II) in the case of a
grandfathered voting system (as defined
in paragraph (2)), is in compliance
with the most recent voluntary voting
system guidelines; or
``(ii) which does meet such requirements
but which is not in compliance with the most
recent voluntary voting system guidelines with
another system which does meet such
requirements and is in compliance with such
guidelines;
``(B) to carry out voting system security
improvements described in section 298A with respect to
the regularly scheduled general election for Federal
office held in November 2022 and each succeeding
election for Federal office;
``(C) to implement and model best practices for
ballot design, ballot instructions, and the testing of
ballots; and
``(D) to purchase or acquire accessible voting
systems that meet the requirements of paragraph (2)(A)
and paragraph (3)(A)(i) of section 301(a) by the means
described in paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum payment
amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
aggregate amount made available for payments under this
section; and
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, or the United States Virgin
Islands, one-tenth of 1 percent of such aggregate
amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph is
the product of--
``(A) the aggregate amount made available for
payments under this section minus the total of all of
the minimum payment amounts determined under paragraph
(2); and
``(B) the voting age population proportion for the
State (as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10 percent
of funds received by the State under this section to purchase
accessible voting systems described in subsection (a)(1)(D).
``(c) 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 infrastructure used for elections,
including addressing risks and vulnerabilities which are
identified under either of the security risk and vulnerability
assessments described in paragraph (3), except that none of the
funds provided under this part may be used to renovate or
replace a building or facility which is not a primary provider
of information technology services for the administration of
elections, and which is used primarily for purposes other than
the administration of elections for public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure 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.--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 section 3001(b) of the Election Security Act.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
298A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to the 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.''.
(2) 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.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chairman, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 298A of
the Help America Vote Act of 2002 (as added by this Act).
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or
permanent resident of the United States or a
member of the Five Eyes intelligence-sharing
alliance; and
(ii) in the case of any election
infrastructure which is a voting machine,
ensure that such voting machine is assembled in
the United States.
(B) The vendor shall disclose to the Secretary and
the Chairman, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under part 8 of subtitle A
of title II of the Help America Vote Act of 2002 (as
added by this Act), of any sourcing outside the United
States for parts of the election infrastructure.
(C) The vendor shall disclose to the Secretary and
the Chairman, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under such part 8, the
identification of any entity or individual with a more
than 5 percent ownership interest in the vendor.
(D) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the cybersecurity best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the supply chain best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(G) The vendor agrees to ensure that it has
personnel policies and practices in place that are
consistent with personnel best practices, including
cybersecurity training and background checks, issued by
the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with data integrity best
practices, including requirements for encrypted
transfers and validation, testing and checking printed
materials for accuracy, and disclosure of quality
control incidents, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(I) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant
under part 8 of subtitle A of title II of the Help
America Vote Act of 2002 (as added by this Act).
(J) The vendor agrees to permit independent
security testing by the Commission (in accordance with
section 231(a) of the Help America Vote Act of 2002 (52
U.S.C. 20971)) and by the Secretary of the goods and
services provided by the vendor pursuant to a grant
under part 8 of subtitle A of title II of the Help
America Vote Act of 2002 (as added by this Act).
(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 part 8
of subtitle A of title II of the Help America Vote Act
of 2002 (as added by this Act)--
(i) the vendor promptly assesses whether or
not such an incident occurred, and submits a
notification meeting the requirements of
subparagraph (B) to the Secretary and the
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.
(C) Development of criteria for reporting.--Not
later than 1 year after the date of enactment of this
Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall, in consultation
with the Election Infrastructure Sector Coordinating
Council, develop criteria for incidents which are
required to be reported in accordance with subparagraph
(A).
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 in the
matter preceding paragraph (1) by striking ``by'' and inserting ``and
the security of election infrastructure by''.
(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)), as amended by section 1106, is amended--
(1) by striking ``49 members'' and inserting ``50
members''; and
(2) by adding at the end the following new paragraph:
``(21) 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) in the matter preceding subparagraph (A), by striking
``14'' and inserting ``15'';
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) 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.''.
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. 659).
``(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--POST-ELECTION AUDIT REQUIREMENT
SEC. 3011. POST-ELECTION AUDIT REQUIREMENT.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 1903(a) and section 1922,
is amended by inserting after section 303B the following new section:
``SEC. 303C. POST-ELECTION AUDITS.
``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome
is not the correct outcome;
``(B) will not change the outcome if the reported
outcome is the correct outcome; and
``(C) involves a manual adjudication of voter
intent from some or all of the ballots validly cast in
the election contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported
outcome' means the outcome of an election contest which
is determined according to the canvass and which will
become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``(B) Correct outcome.--The term `correct outcome'
means the outcome that would be determined by a manual
adjudication of voter intent for all votes validly cast
in the election contest.
``(C) Outcome.--The term `outcome' means the winner
or set of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from electronic
or mechanical tabulation devices, of the ballot choices marked
by voters on each voter-verifiable paper record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of
the voting system used to tabulate votes;
``(B) functions as a sampling frame for conducting
a post-election audit; and
``(C) accounts for all ballots validly cast
regardless of how they were tabulated and includes a
precise description of the manner in which the ballots
are physically stored, including the total number of
physical groups of ballots, the numbering system for
each group, a unique label for each group, and the
number of ballots in each such group.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and
jurisdiction shall administer post-election
audits of the results of all election contests
for Federal office held in the State in
accordance with the requirements of paragraph
(2).
``(ii) Exception.--Clause (i) shall not
apply to any election contest for which the
State or jurisdiction conducts a full recount
through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election
audit conducted under subparagraph (A) corrects the
reported outcome of an election contest, the State or
jurisdiction shall use the results of the manual
adjudication of voter intent conducted as part of the
post-election audit as the official results of the
election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years
after the date of the enactment of this
section, the chief State election official of
the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and
procedures established under clause (i) shall
include the following:
``(I) Rules and procedures for
ensuring the security of ballots and
documenting that prescribed procedures
were followed.
``(II) Rules and procedures for
ensuring the accuracy of ballot
manifests produced by jurisdictions.
``(III) Rules and procedures for
governing the format of ballot
manifests and other data involved in
post-election audits.
``(IV) Methods to ensure that any
cast vote records used in a post-
election audit are those used by the
voting system to tally the results of
the election contest sent to the chief
State election official of the State
and made public.
``(V) Rules and procedures for the
random selection of ballots to be
inspected manually during each audit.
``(VI) Rules and procedures for the
calculations and other methods to be
used in the audit and to determine
whether and when the audit of each
election contest is complete.
``(VII) Rules and procedures for
testing any software used to conduct
post-election audits.
``(B) Public report.--
``(i) In general.--After the completion of
the post-election audit and at least 5 days
before the election contest is certified by the
State, the State shall make public and submit
to the Commission a report on the results of
the audit, together with such information as
necessary to confirm that the audit was
conducted properly.
``(ii) Format of data.--All data published
with the report under clause (i) shall be
published in machine-readable, open data
formats.
``(iii) Protection of anonymity of votes.--
Information and data published by the State
under this subparagraph shall not compromise
the anonymity of votes.
``(iv) Report made available by
commission.--After receiving any report
submitted under clause (i), the Commission
shall make such report available on its
website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each State and jurisdiction
shall be required to comply with the requirements of
this subsection for the first regularly scheduled
election for Federal office occurring in 2032 and for
each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph
(C), if a State certifies to the Election Assistance
Commission not later than the first regularly scheduled
election for Federal office occurring in 2032, that the
State will not meet the deadline described in
subparagraph (A) because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such deadline, subparagraph (A) of
this subsection and subsection (c)(2)(A) shall apply to
the State as if the reference in such subsections to
`2032' were a reference to `2034'.
``(C) Additional waiver period.--If a State
certifies to the Election Assistance Commission not
later than the first regularly scheduled election for
Federal office occurring in 2034, that the State will
not meet the deadline described in subparagraph (B)
because it would be impracticable to do so and includes
in the certification the reasons for the failure to
meet such deadline, subparagraph (B) of this subsection
and subsection (c)(2)(A) shall apply to the State as if
the reference in such subsections to `2034' were a
reference to `2036'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled
elections for Federal office occurring in 2024 and
2026, each State shall administer a post-election audit
of the result of at least one statewide election
contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(B) Post-election audit defined.--In this
subsection, the term `post-election audit' means a
post-election process that involves a manual
adjudication of voter intent from a sample of ballots
validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2028 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2032, each State shall administer a
post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election contest
for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such Act, as
amended by section 1903(c) and section 1922, is amended by inserting
after the item relating to section 303B the following new item:
``Sec. 303C . Post-election audits.......................... ''.
(c) Study on Post-election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory committee
to study post-election audits and establish best practices for
post-election audit methodologies and procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint individuals
to the advisory committee and secure the representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in
election security;
(C) individuals with experience and expertise in
post-election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
purposes of this subsection.
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 4 years after the regularly scheduled
general election for Federal office occurring in 2024, the Comptroller
General of the United States shall conduct an analysis of the extent to
which post-election audits under section 303C of the Help America Vote
Act of 2002, as added by section 3011(a), have improved the
administration of 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 are 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:
``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:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official
(as defined in section 3601 of the For the People Act of 2021)
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 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.--Beginning with fiscal year 2021,
not later than 90 days after the end of each fiscal year, 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) Chairman.--The term ``Chairman'' means the chair of the
Election Assistance Commission.
(2) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to be
responsible for coordination of the State's responsibilities
under such Act.
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
(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 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 date on
which the national strategy required under subsection (a) is issued,
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 date on
which the national strategy required under subsection (a) is issued,
and not later than 60 days after the date on which the implementation
plan required under subsection (c) is issued, 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 a report to Congress 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 (hereafter 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 of the Senate, the Chairman of the Committee on
the Judiciary of the Senate, and the Chairman of the
Committee on Rules and Administration of the Senate.
(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 of the Senate, the ranking
minority member of the Committee on the Judiciary of
the Senate, and the ranking minority member of the
Committee on Rules and Administration of the Senate.
(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 of
the House of Representatives, the Chairman of the
Committee on House Administration of the House of
Representatives, and the Chairman of the Committee on
the Judiciary of the House of Representatives.
(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 of the House of Representatives, the
ranking minority member of the Committee on the
Judiciary of the House of Representatives, and the
ranking minority member of the Committee on House
Administration of the House of Representatives.
(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 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. ELECTION CYBERSECURITY.
Not later than 1 year after the date of the enactment of this
subsection, the Director of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security, in consultation
with the Commission, 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.
SEC. 3302. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND
REMOTE BALLOT MARKING SYSTEMS.
(a) Inclusion Under Voluntary Voting System Guidelines.--Section
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f);
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission shall
adopt voluntary voting system guidelines that describe functionality,
accessibility, and security principles for the design, development, and
operation of voting systems, electronic poll books, and remote ballot
marking systems.''; and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and Remote
Ballot Marking Systems.--
``(1) Adoption date.--The Commission shall adopt initial
voluntary voting system guidelines for electronic poll books
and remote ballot marking systems by January 1, 2022.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems without
modifying the most recently adopted voluntary voting system
guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Voting system defined.--The term `voting system' has
the same meaning given that term in section 301.
``(2) Electronic pollbook defined.--The term `electronic
poll book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the
software, firmware, and documentation required to program,
control, and support the equipment) that is used--
``(A) to retain the list of registered voters at a
polling location, or vote center, or other location at
which voters cast votes in an election for Federal
office; and
``(B) to identify registered voters who are
eligible to vote in an election.''.
``(3) Remote ballot marking system defined.--The term
`remote ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots
outside of a voting center or polling place;
``(B) allows a voter to receive a blank ballot to
mark electronically, print, and then cast by returning
the printed ballot to the elections office or other
designated location; and
``(C) does not allow a voter to cast and return a
ballot electronically.''.
(b) Providing for Certification of Electronic Poll Books and Remote
Ballot Marking System.--Section 231(a) of the Help America Vote Act of
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and
(2), by inserting ``, electronic poll books, and remote ballot marking
systems'' after ``software''.
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. If a
jurisdiction acquires and implements a new voting system within the 120
days before the date of the election, it shall notify the chief State
election official of the State, who shall submit to the Commission in a
timely manner an updated report under the preceding sentence.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2022 and each succeeding regularly scheduled general election
for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 301 the
following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 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).''.
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
enactment of this Act, the Secretary shall establish a program to be
known as the ``Election Security Bug Bounty Program'' (hereafter 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;
(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 5--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 of 2021.
``(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) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 223 the
following new items:
``PART 5--Election Security Grants Advisory Committee
``Sec. 225. Election security grants advisory committee.''.
(c) 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 sections 3106 and 3402, in this title, the
following definitions apply:
(1) Chairman.--The term ``Chairman'' means the chair of the
Election Assistance Commission.
(2) Appropriate congressional committees.--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) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to be
responsible for coordination of the State's responsibilities
under such Act.
(4) Commission.--The term ``Commission'' means the Election
Assistance Commission.
(5) Democratic institutions.--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) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(7) 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.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR
IMPLEMENTATION.
Not later than 120 days after the date of 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 1506,
and section 1507, is further amended by adding at the end the following
new paragraph:
``(11) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure to the extent
practicable that any voting machine used in such
election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the
date of the regularly scheduled general election for
Federal office occurring in November 2024, each State
shall seek to ensure that any voting machine purchased
or acquired for such election and in any subsequent
election for Federal office is assembled in the United
States.
``(C) Software and code requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure that any software or
code developed for any voting system purchased or
acquired for such election and in any subsequent
election for Federal office is developed and stored in
the United States.''.
(b) Conforming Amendment Relating to Effective Date.--Section
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section
1508, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(11) and paragraph (2)''.
Subtitle I--Severability
SEC. 3801. 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.
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(b) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section'' and inserting
the following: ``Definitions.--For purposes of this section--
``(1) Foreign national.--The term''; and
(3) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement to
or on behalf of any account of a political committee which is
established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
(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 CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 4102(a), is
amended by adding at the end the following new paragraph:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum.''.
(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)), as amended by
section 4101, 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);
``(J) a disbursement for a Federal judicial
nomination communication (as defined in section
324(d)(3));''.
(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 1941, 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
1941, is amended by inserting after the item relating to section 612
the following:
``614. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 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 calendar year 2022.
``(F)(i) If the covered organization makes
campaign-related disbursements using funds other than
funds in a segregated bank account described in
subparagraph (E), for each payment to the covered
organization--
``(I) the name and address of each person
who made such payment during the period covered
by the statement;
``(II) the date and amount of such payment;
and
``(III) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle (or, if earlier, the period
beginning one year before the disclosure date)
and ending on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2022, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be calendar year 2022.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(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) An applicable public communication.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A Federal judicial nomination communication.
``(E) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication that
refers to a clearly identified candidate for election
for Federal office and which promotes or supports the
election of a candidate for that office, or attacks or
opposes the election of a candidate for that office,
without regard to whether the communication expressly
advocates a vote for or against a candidate for that
office.
``(B) Exception.--Such term shall not include any
news story, commentary, or editorial distributed
through the facilities of any broadcasting station or
any print, online, or digital newspaper, magazine,
publication, or periodical, unless such facilities are
owned or controlled by any political party, political
committee, or candidate.
``(3) 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.
``(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 amended 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(b)(2) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement
described in section 324(a)(3)(A), to another person
who made a campaign-related disbursement consisting of
a covered transfer (as described in section 324) during
the 2-year period ending on the date of the
disbursement.''.
SEC. 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.--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 of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at the time
of its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95 or 96 of
the Internal Revenue Code of 1986, or is brought to with respect to any
action of the Commission under chapter 95 or 96 of the Internal Revenue
Code of 1986, the district court shall transfer the action to the
District Court for the District of Columbia, and the action shall
thereafter be conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action described
in subsection (a) relating to declaratory or injunctive relief to
challenge the constitutionality of a provision, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(d) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge, whether
facially or as-applied, the constitutionality of any provision of this
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply to actions brought on or after January 1, 2021.
Subtitle C--Honest Ads
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) In 2002, the Bipartisan Campaign Reform Act of 2002
(Public Law 107-155) became law, establishing disclosure
requirements for political advertisements distributed from a
television or radio broadcast station or provider of cable or
satellite television. In 2003, the Supreme Court upheld
regulations on electioneering communications established under
the Act, noting that such requirements ``provide the electorate
with information and insure that the voters are fully informed
about the person or group who is speaking.'' The Court
reaffirmed this conclusion in 2010 by an 8-1 vote.
(2) In its 2006 rulemaking, the Federal Election
Commission, the independent Federal agency charged with
protecting the integrity of the Federal campaign finance
process, noted that 18 percent of all Americans cited the
internet as their leading source of news about the 2004
Presidential election. By contrast, Gallup and the Knight
Foundation found in 2020 that the majority of Americans, 58
percent, got most of their news about elections online.
(3) According to a study from Borrell Associates, in 2016,
$1,415,000,000 was spent on online advertising, more than
quadruple the amount in 2012.
(4) The reach of a few large internet platforms--larger
than any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
210,000,000 American users--over 160,000,000 of them on a daily
basis. By contrast, the largest cable television provider has
22,430,000 subscribers, while the largest satellite television
provider has 21,000,000 subscribers. And the most-watched
television broadcast in United States history had 118,000,000
viewers.
(5) 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.
(6) 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.
(7) Large social media platforms are the only entities in
possession of certain key data related to paid online ads,
including the exact audience targeted by those ads and their
number of impressions. Such information, which cannot be
reliably disclosed by the purchasers of ads, is extremely
useful for informing the electorate, guarding against
corruption, and aiding in the enforcement of existing campaign
finance regulations.
(8) Paid advertisements on social media platforms have
served as critical tools for foreign online influence
campaigns--even those that rely on large amounts of unpaid
content--because such ads allow foreign actors to test the
effectiveness of different messages, expose their messages to
audiences who have not sought out such content, and recruit
audiences for future campaigns and posts.
(9) 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.''.
(10) 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.''.
(11) 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''.
(12) 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 ***''.
(13) 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.
(14) 2018 reporting by the Washington Post estimated that
paid Russian ads received more than 37,000,000 impressions in
2016 and 2017.
(15) A 2019 Senate Select Committee on Intelligence's
Report on Russian Active Measures Campaigns and Interference in
the 2016 U.S. Election Volume 2: Russia's Use of Social Media
with Additional Views, the Committee recommended ``that
Congress examine legislative approaches to ensuring Americans
know the sources of online political advertisements. The
Federal Election Campaign Act of 1971 requires political
advertisements on television, radio and satellite to disclose
the sponsor of the advertisement. The same requirements should
apply online. This will also help to ensure that the IRA or any
similarly situated actors cannot use paid advertisements for
purposes of foreign interference.''.
(16) A 2020 study by researchers at New York University
found undisclosed political advertisement purchases on a large
social media platform by a Chinese state media company in
violation of that platform's supposed prohibitions on foreign
spending on ads of social, national, or electoral importance.
(17) The same study also found that ``there are persistent
issues with advertisers failing to disclose political ads'' and
that in one social media platform's political ad archive,
68,879 pages (54.6 percent of pages with political ads included
in the archive) never provided a disclosure. Overall, there
were 357,099 ads run on that platforms without a disclosure,
accounting for at least $37,000,000 in spending on political
ads.
(18) A 2020 report by the bipartisan and bicameral U.S.
Cyberspace Solarium Commission found that ``Although foreign
nationals are banned from contributing to U.S. political
campaigns, they are still allowed to purchase U.S. political
advertisements online, making the internet a fertile
environment for conducting a malign influence campaign to
undermine American elections.'' The Commission concluded that
Russian interference in the 2016 election was and still is
possible, ``because the FECA, which establishes rules for
transparency in television, radio, and print media political
advertising, has not been amended to extend the same political
advertising requirements to internet platforms,'' and that
``[a]pplying these standards across all media of communication
would, among other things, increase transparency of funding for
political advertisements, which would in turn strengthen
regulators' ability to reduce improper foreign influence in our
elections.''
(19) On March 16, 2021, the Office of the Director of
National Intelligence released the declassified Intelligence
Community assessment of foreign threats to the 2020 U.S.
Federal elections. The declassified report found: ``Throughout
the election cycle, Russia's online influence actors sought to
affect U.S. public perceptions of the candidates, as well as
advance Moscow's longstanding goals of undermining confidence
in US election processes and increasing sociopolitical
divisions among the American people.'' The report also
determined that Iran sought to influence the election by
``creating and amplifying social media content that criticized
[candidates].''
(20) According to a Wall Street Journal report in April
2021, voluntary ad libraries operated by major platforms rely
on foreign governments to self-report political ad purchases.
These ad-buys, including those diminishing major human rights
violations like the Uighur genocide, are under-reported by
foreign government purchasers, with no substantial oversight or
repercussions from the platforms.
(21) Multiple reports have indicated that online ads have
become a key vector for strategic influence by the People's
Republic of China. An April 2021 Wall Street Journal report
noted that the Chinese government and Chinese state-owned
enterprises are major purchasers of ads on the U.S.'s largest
social media platform, including to advance Chinese propaganda.
(22) Large online platforms have made changes to their
policies intended to make it harder for foreign actors to
purchase political ads. However, these private actions have not
been taken by all platforms, have not been reliably enforced,
and are subject to immediate change at the discretion of the
platforms.
(23) The Federal Election Commission has failed to take
action to address online political advertisements and current
regulations on political advertisements do not provide
sufficient transparency to uphold the public's right to be
fully informed about political advertisements made online.
SEC. 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, be they
foreign or domestic, in order to make informed political
choices and hold elected officials accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 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''.
(d) Regulation.--Not later than 1 year after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
regulations on what constitutes a paid internet or paid digital
communication for purposes of paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971(52 U.S.C. 30101(22)), as amended
by subsection (a), except that such regulation shall not define a paid
internet or paid digital communication to include communications for
which the only payment consists of internal resources, such as employee
compensation, of the entity paying for the communication.
SEC. 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.--
``(i) In general.--An online platform shall
maintain, and make available for online public
inspection in machine readable format, a
complete record of any request to purchase on
such online platform a qualified political
advertisement which is made by a person whose
aggregate requests to purchase qualified
political advertisements on such online
platform during the calendar year exceeds $500.
``(ii) Requirement relating to political
ads sold by third party advertising vendors.--
An online platform that displays a qualified
political advertisement sold by a third party
advertising vendor as defined in (3)(C), shall
include on its own platform an easily
accessible and identifiable link to the records
maintained by the third-party advertising
vendor under clause (i) regarding such
qualified political advertisement.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political
advertisement on an online platform shall provide the
online platform with such information as is necessary
for the online platform to comply with the requirements
of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the 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.
``(3) Online platform.--
``(A) In general.--For purposes of this subsection,
subject to subparagraph (B), the term `online platform'
means any public-facing website, web application, or
digital application (including a social network, ad
network, or search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any
online platform that is a distribution facility of any
broadcasting station or newspaper, magazine, blog,
publication, or periodical.
``(C) Third-party advertising vendor defined.--For
purposes of this subsection, the term `third-party
advertising vendor' includes, but is not limited to,
any third-party advertising vendor network, advertising
agency, advertiser, or third-party advertisement
serving company that buys and sells advertisement space
on behalf of unaffiliated third-party websites, search
engines, digital applications, or social media sites.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Special rule.--For purposes of this subsection,
multiple versions of an advertisement that contain no material
differences (such as versions that differ only because they
contain a recipient's name, or differ only in size, color,
font, or layout) may be treated as a single qualified political
advertisement.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) 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(j) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(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) In general.--Each television or radio broadcast
station, provider of cable or satellite television, or online
platform (as defined in section 304(k)(3)) shall make
reasonable efforts to ensure that communications described in
section 318(a) and made available by such station, provider, or
platform are not purchased by a foreign national, directly or
indirectly.
``(2) Regulations.-- Not later than 1 year after the date
of the enactment of this subsection, the Commission shall
promulgate regulations on what constitutes reasonable efforts
under paragraph (1).''.
SEC. 4210. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 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)(3))
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 4105,
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 decision-making 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
decision-making 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)), as amended by section 4105 and section
4403, 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 180 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.
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. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.
(a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2)
the following:
``SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES AND
DISCLOSURE OF VOTES OF INSTITUTIONAL INVESTORS.
``(a) Definitions.--In this section--
``(1) the term `expenditure for political activities'--
``(A) means--
``(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 that Act (52
U.S.C. 30104(f)(3))) and any other public
communication (as defined in section 301(22) of
that Act (52 U.S.C. 30101(22))) that would be
an electioneering communication if it were a
broadcast, cable, or satellite communication;
or
``(iii) 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 that Code that are, or could reasonably be
anticipated to be, used or transferred to
another association or organization for the
purposes described in clauses (i) or (ii); and
``(B) does not include--
``(i) direct lobbying efforts through
registered lobbyists employed or hired by the
issuer;
``(ii) communications by an issuer to its
shareholders and executive or administrative
personnel and their families; or
``(iii) the establishment and
administration of contributions to a separate
segregated fund to be utilized for political
purposes by a corporation; and
``(2) the term `issuer' does not include an investment
company registered under section 8 of the Investment Company
Act of 1940 (15 U.S.C. 80a-8).
``(b) Shareholder Authorization for Political Expenditures.--Each
solicitation of proxy, consent, or authorization by an issuer with a
class of equity securities registered under section 12 shall--
``(1) contain--
``(A) a description of the specific nature of any
expenditure for political activities proposed to be
made by the issuer for the forthcoming fiscal year that
has not been authorized by a vote of the shareholders
of the issuer, to the extent the specific nature is
known to the issuer; and
``(B) the total amount of expenditures for
political activities proposed to be made by the issuer
for the forthcoming fiscal year; and
``(2) provide for a separate vote of the shareholders of
the issuer to authorize such expenditures for political
activities in the total amount described in paragraph (1).
``(c) Vote Required To Make Expenditures.--No issuer shall make an
expenditure for political activities in any fiscal year unless such
expenditure--
``(1) is of the nature of those proposed by the issuer in
subsection (b)(1); and
``(2) has been authorized by a vote of the majority of the
outstanding shares of the issuer in accordance with subsection
(b)(2).
``(d) Fiduciary Duty; Liability.--
``(1) Fiduciary duty.--A violation of subsection (c) shall
be considered a breach of a fiduciary duty of the officers and
directors who authorized the expenditure for political
activities.
``(2) Liability.--An officer or director of an issuer who
authorizes an expenditure for political activities in violation
of subsection (c) shall be jointly and severally liable in any
action brought in a court of competent jurisdiction to any
person or class of persons who held shares at the time the
expenditure for political activities was made for an amount
equal to 3 times the amount of the expenditure for political
activities.
``(e) Disclosure of Votes.--
``(1) Disclosure required.--Each institutional investment
manager subject to section 13(f) shall disclose not less
frequently than annually how the institutional investment
manager voted on any shareholder vote under subsection (a),
unless the vote is otherwise required by rule of the Commission
to be reported publicly.
``(2) Rules.--Not later than 6 months after the date of
enactment of this section, the Commission shall issue rules to
carry out this subsection that require that a disclosure
required under paragraph (1)--
``(A) be made not later than 30 days after a vote
described in paragraph (1); and
``(B) be made available to the public through the
EDGAR system as soon as practicable.
``(f) Safe Harbor for Certain Divestment Decisions.--
Notwithstanding any other provision of Federal or State law, if an
institutional investment manager makes the disclosures required under
subsection (e), no person may bring any civil, criminal, or
administrative action against the institutional investment manager, or
any employee, officer, or director thereof, based solely upon a
decision of the investment manager to divest from, or not to invest in,
securities of an issuer due to an expenditure for political activities
made by the issuer.''.
(b) Required Board Vote on Corporate Expenditures for Political
Activities.--The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.)
is amended by adding after section 16 (15 U.S.C. 78p) the following:
``SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EXPENDITURES FOR POLITICAL
ACTIVITIES.
``(a) Definitions.--In this section, the terms `expenditure for
political activities' and `issuer' have the meanings given the terms in
section 14C.
``(b) Listing on Exchanges.--Not later than 180 days after the date
of enactment of this section, the Commission shall, by rule, direct the
national securities exchanges and national securities associations to
prohibit the listing of any class of equity security of an issuer that
is not in compliance with the requirements of any portion of subsection
(c).
``(c) Requirement for Vote in Corporate Bylaws.--
``(1) Vote required.--The bylaws of an issuer shall
expressly provide for a vote of the board of directors of the
issuer on--
``(A) any expenditure for political activities in
excess of $50,000; and
``(B) any expenditure for political activities that
would result in the total amount spent by the issuer
for a particular election (as defined in section 301(1)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(1))) in excess of $50,000.
``(2) Public availability.--An issuer shall make the votes
of each member of the board of directors for a vote required
under paragraph (1) publicly available not later than 48 hours
after the vote, including in a clear and conspicuous location
on the internet web site of the issuer.
``(d) No Effect on Determination of Coordination With Candidates or
Campaigns.--For purposes of the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.), an expenditure for political activities by
an issuer shall not be treated as made in concert or cooperation with,
or at the request or suggestion of, any candidate or committee solely
because a member of the board of directors of the issuer voted on the
expenditure as required under this section.''.
(c) Reporting Requirements.--Section 13 of the Securities Exchange
Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the
following:
``(s) Reporting Requirements Relating to Certain Political
Expenditures.--
``(1) Definitions.--In this subsection, the terms
`expenditure for political activities' and `issuer' have the
meanings given the terms in section 14C.
``(2) Quarterly reports.--
``(A) Reports required.--Not later than 180 days
after the date of enactment of this subsection, the
Commission shall amend the reporting rules under this
section to require each issuer with a class of equity
securities registered under section 12 of this title to
submit to the Commission and the shareholders of the
issuer a quarterly report containing--
``(i) a description of any expenditure for
political activities made during the preceding
quarter;
``(ii) the date of each expenditure for
political activities;
``(iii) the amount of each expenditure for
political activities;
``(iv) the votes of each member of the
board of directors authorizing the expenditure
for political activity, as required under
section 16A(c);
``(v) if the expenditure for political
activities was made in support of or opposed to
a candidate, the name of the candidate and the
office sought by, and the political party
affiliation of, the candidate; and
``(vi) the name or identity of 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 which receive dues or other
payments as described in section
14C(a)(1)(A)(iii).
``(B) Public availability.--The Commission shall
ensure that, to the greatest extent practicable, the
quarterly reports required under this paragraph are
publicly available through the internet web site of the
Commission and through the EDGAR system in a manner
that is searchable, sortable, and downloadable,
consistent with the requirements under section 24.
``(3) Annual reports.--Not later than 180 days after the
date of enactment of this subsection, the Commission shall, by
rule, require each issuer to include in the annual report of
the issuer to shareholders a summary of each expenditure for
political activities made during the preceding year in excess
of $10,000, and each expenditure for political activities for a
particular election if the total amount of such expenditures
for that election is in excess of $10,000.''.
(d) Reports.--
(1) Securities and exchange commission.--The Securities and
Exchange Commission shall--
(A) conduct an annual assessment of the compliance
of issuers and officers and members of the boards of
directors of issuers with sections 13(s), 14C, and 16A
of the Securities Exchange Act of 1934, as added by
this section; and
(B) submit to Congress an annual report containing
the results of the assessment under paragraph (1).
(2) Government accountability office.--The Comptroller
General of the United States shall periodically evaluate and
report to Congress on the effectiveness of the oversight by the
Securities and Exchange Commission of the reporting and
disclosure requirements under sections 13(s), 14C, and 16A of
the Securities Exchange Act of 1934, as added by this section.
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 solicit or 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.
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--Senate Elections
SEC. 5100. SHORT TITLE.
This subtitle may be cited as the ``Fair Elections Now Act of
2021''.
PART 1--SMALL DONOR INCENTIVE PROGRAMS
SEC. 5101. SENSE OF THE SENATE REGARDING SMALL DONOR INCENTIVE
PROGRAMS.
It is the sense of the Senate that Congress should take steps to
allow more Americans to fully participate in our democracy through
authorizing publicly financed small donor incentive programs, including
small-dollar voucher programs that broaden and diversify the number of
Americans who are able to have their voice heard in the marketplace of
ideas.
PART 2--SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS
SEC. 5111. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS
FINANCING OF SENATE ELECTION CAMPAIGNS.
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--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Allocation from the fund.--The term `allocation from
the Fund' means an allocation of money from the Freedom From
Influence Fund to a participating candidate pursuant to section
522.
``(2) Commission.--The term `Commission' means the Federal
Election Commission.
``(3) Enhanced matching contribution.--The term `enhanced
matching contribution' means an enhanced matching payment
provided to a participating candidate for qualified small
dollar contributions, as provided under section 524.
``(4) Enhanced support qualifying period.--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.
``(5) Fair elections qualifying period.--The term `Fair
Elections qualifying period' means, with respect to any
candidate for Senator, the period--
``(A) beginning on the date on which the candidate
files a statement of intent under section 511(a)(1);
and
``(B) ending on the date that is 30 days before--
``(i) the date of the primary election; or
``(ii) in the case of a State that does not
hold a primary election, the date prescribed by
State law as the last day to qualify for a
position on the general election ballot.
``(6) Fair elections start date.--The term `Fair Elections
start date' means, with respect to any candidate, the date that
is 180 days before--
``(A) the date of the primary election; or
``(B) in the case of a State that does not hold a
primary election, the date prescribed by State law as
the last day to qualify for a position on the general
election ballot.
``(7) Fund.--The term `Fund' means the Freedom From
Influence Fund established by section 502.
``(8) Immediate family.--The term `immediate family' means,
with respect to any 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).
``(9) Matching contribution.--The term `matching
contribution' means a matching payment provided to a
participating candidate for qualified small dollar
contributions, as provided under section 523.
``(10) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for Senator who
is not a participating candidate.
``(11) Participating candidate.--The term `participating
candidate' means a candidate for Senator who is certified under
section 514 as being eligible to receive an allocation from the
Fund.
``(12) Qualifying contribution.--The term `qualifying
contribution' means, with respect to a candidate, a
contribution that--
``(A) is in an amount that is--
``(i) not less than $5; and
``(ii) not more than $200;
``(B) is made by an individual who is not otherwise
prohibited from making a contribution under this Act;
``(C) is made during the Fair Elections qualifying
period; and
``(D) meets the requirements of section 512(b).
``(13) Qualified small dollar contribution.--The term
`qualified small dollar contribution' means, with respect to a
candidate, any contribution (or series of contributions)--
``(A) which is not a qualifying contribution (or
does not include a qualifying contribution);
``(B) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(C) the aggregate amount of which does not exceed
$200 per election.
``(14) Qualifying multicandidate political committee
contribution.--
``(A) In general.--The term `qualifying
multicandidate political committee contribution' means
any contribution to a candidate that is made from a
qualified account of a multicandidate political
committee (within the meaning of section 315(a)(2)).
``(B) Qualified account.--For purposes of
subparagraph (A), the term `qualified account' means,
with respect to a multicandidate political committee, a
separate, segregated account of the committee that
consists solely of contributions which meet the
following requirements:
``(i) All contributions to such account are
made by individuals who are not prohibited from
making contributions under this Act.
``(ii) The aggregate amount of
contributions from each individual to such
account and all other accounts of the political
committee do not exceed the amount described in
paragraph (13)(C).
``SEC. 502. 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 9707 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 513(c) (relating to exceptions to
contribution requirements);
``(B) section 521(c) (relating to remittance of
unused payments from the Fund); and
``(C) section 532 (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) No Taxpayer Funds Permitted.--No taxpayer funds may be
deposited into the Fund.
``(e) 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 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
``(2) 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.
``(f) Effective Date.--This section shall take effect on the date
of the enactment of this title.
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for Senator is eligible to receive
an allocation from the Fund for any 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
under this title during the period beginning on the Fair
Elections start date and ending on the last day of the Fair
Elections qualifying period.
``(2) The candidate meets the qualifying contribution
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 513(d)(2).
``(4) Not later than the last day of the Fair Elections
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 513;
``(B) if certified, will not run as a
nonparticipating candidate during such year in any
election for the office that such candidate is seeking;
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 receive an allocation from the Fund
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 otherwise qualified to be on
the ballot under State law.
``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for Senator meets the requirement of
this section if, during the Fair Elections qualifying period, the
candidate obtains--
``(1) a number of qualifying contributions equal to the sum
of--
``(A) 2,000; plus
``(B) 500 for each congressional district in the
State with respect to which the candidate is seeking
election; and
``(2) a total dollar amount of qualifying contributions
equal to 10 percent of the amount of the allocation such
candidate would be entitled to receive for the primary election
under section 522(c)(1) (determined without regard to paragraph
(5) thereof) if such candidate were a participating candidate.
``(b) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, or electronic payment account;
``(2) shall be accompanied by a signed statement containing
the contributor's name and the contributor's address in the
State in which the contributor is registered to vote; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy kept by the candidate for the
Commission and a copy kept by the candidate for the election
authorities in the State with respect to which the candidate is
seeking election.
``(c) Verification of Qualifying Contributions.--The Commission
shall establish procedures for the auditing and verification of
qualifying contributions to ensure that such contributions meet the
requirements of this section.
``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) General Rule.--A candidate for Senator meets the requirements
of this section if, during the election cycle of the candidate, the
candidate--
``(1) except as provided in subsection (b), accepts no
contributions other than--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523;
``(F) enhanced matching contributions under section
524;
``(G) subject to subsection (c), personal funds of
the candidate or of any immediate family member of the
candidate (other than funds received through qualified
small dollar contributions); and
``(H) subject to subsection (d), 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; and
``(2) makes no expenditures from any amounts other than
from--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523;
``(F) enhanced matching contributions under section
524;
``(G) subject to subsection (c), personal funds of
the candidate or of any immediate family member of the
candidate (other than funds received through qualified
small dollar contributions); and
``(H) subject to subsection (d), 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.
For purposes of this subsection, 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.
``(b) Contributions for Leadership PACs, etc.--A political
committee of a participating candidate which is not an authorized
committee of such candidate may accept contributions other than
contributions described in subsection (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
calendar year do not exceed $200; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Special Rules for Personal Funds.--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--
``(1) 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
``(2) 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.
``(d) Requirements Relating to Subsequent Contributions and
Notification Requirements.--
``(1) Restriction on subsequent contributions.--
``(A) Prohibiting donor from making subsequent
nonqualified contributions during election cycle.--An
individual who makes a qualified small dollar
contribution to a candidate with respect to an election
may not make any subsequent contribution to such
candidate with respect to the election cycle which is
not a qualified small dollar contribution.
``(B) Treatment of subsequent nonqualified
contributions.--If, notwithstanding the prohibition
described in subparagraph (A), an individual who makes
a qualified small dollar contribution to a candidate
with respect to an election makes a subsequent
contribution to such candidate with respect to the
election which is prohibited under subparagraph (A)
because it is not a qualified small dollar
contribution, the candidate may take one of the
following actions:
``(i) 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
(13)(C) of section 501 (relating to the
aggregate amount of qualified small dollar
contributions that may be made by an individual
to a candidate), the candidate may return an
amount equal to the difference between the
amount of the subsequent contribution and the
amount described in such paragraph.
``(ii) 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 established by section 502 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.
``(C) No effect on ability to make multiple
contributions.--Nothing in this subsection 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 the definition of a qualified small
dollar contribution under section 501(13).
``(2) Notification requirements for candidates.--
``(A) 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:
``(i) 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.
``(ii) A statement that a contribution
which meets the definition of a qualified small
dollar contribution under section 501(13) shall
be treated as a qualified small dollar
contribution under this title.
``(iii) 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.
``(B) Alternative methods of meeting
requirements.--An authorized committee may meet the
requirements of subparagraph (A)--
``(i) 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
``(ii) by modifying the information it
provides to persons making contributions which
is otherwise required under title III
(including information it provides through the
internet).
``(e) Exception.--Notwithstanding subsection (a), a candidate shall
not be treated as having failed to meet the requirements of this
section if any contributions that are not qualified small dollar
contributions, qualifying contributions, qualifying multicandidate
political committee contributions, or contributions that meet the
requirements of subsection (b) and that are accepted before the date
the candidate files a statement of intent under section 511(a)(1) are--
``(1) returned to the contributor; or
``(2) submitted to the Commission for deposit in the Fund.
``SEC. 514. CERTIFICATION.
``(a) In General.--Not later than 5 days after a candidate for
Senator files an affidavit under section 511(a)(4), the Commission
shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) notify the candidate of the Commission's
determination.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may 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; or
``(B) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Repayment of benefits.--If certification is revoked
under paragraph (1), the candidate shall repay to the Fund an
amount equal to the value of benefits received under this title
plus interest (at a rate determined by the Commission) on any
such amount received.
``Subtitle C--Benefits
``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--For each election with respect to which a
candidate is certified as a participating candidate under section 514,
such candidate shall be entitled to--
``(1) an allocation from the Fund to make or obligate to
make expenditures with respect to such election, as provided in
section 522;
``(2) matching contributions, as provided in section 523;
and
``(3) enhanced matching contributions, as provided in
section 524.
``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under
section 522, matching contributions under section 523, and enhanced
matching contributions under section 524 may only be used for campaign-
related costs.
``(c) Remitting Allocations From the Fund.--
``(1) In general.--Not later than the date that is 180 days
after an election in which the participating candidate appeared
on the ballot, such participating candidate shall remit to the
Commission for deposit in the Fund an amount equal to the
lesser of--
``(A) the amount of money in the candidate's
campaign account; or
``(B) the sum of the allocations from the Fund
received by the candidate under section 522, the
matching contributions received by the candidate under
section 523, and the enhanced matching contributions
under section 524.
``(2) Exceptions.--
``(A) Subsequent election.--In the case of a
candidate who qualifies to be on the ballot for a
primary runoff election, a general election, or a
general runoff election, the amounts described in
paragraph (1) may be retained by the candidate and used
in such subsequent election.
``(B) Candidate seeking certification for next
election cycle.--Notwithstanding paragraph (1), a
participating candidate may withhold not more than
$100,000 from the amount required to be remitted under
paragraph (1) 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
qualifying period for the next election cycle (as
described in section 511), or if the Commission
notifies the candidate of the Commission's
determination that the candidate 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.
``SEC. 522. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations from the
Fund under section 521(a)(1) to a participating candidate--
``(1) in the case of amounts provided under subsection
(d)(1), after the date on which such candidate is certified as
a participating candidate under section 514;
``(2) in the case of a general election after--
``(A) the date of the certification of the results
of the primary election or the primary runoff election;
or
``(B) in any case in which there is no primary
election, the date the candidate qualifies to be placed
on the ballot; and
``(3) in the case of a primary runoff election or a general
runoff election, after the certification of the results of the
primary election or the general election, as the case may be.
``(b) Method of Payment.--The Commission shall distribute funds
available to participating candidates under this section through the
use of an electronic funds exchange or a debit card.
``(c) Timing 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 date of
the applicable certification as described in subsection (a).
``(d) Amounts.--
``(1) Primary election allocation; initial allocation.--
Except as provided in paragraph (5), the Commission shall make
an allocation from the Fund for a primary election to a
participating candidate in an amount equal to 67 percent of the
base amount with respect to such participating candidate.
``(2) Primary runoff election allocation.--The Commission
shall make an allocation from the Fund for a primary runoff
election to a participating candidate in an amount equal to 25
percent of the amount the participating candidate was eligible
to receive under this section for the primary election.
``(3) General election allocation.--Except as provided in
paragraph (5), the Commission shall make an allocation from the
Fund for a general election to a participating candidate in an
amount equal to the base amount with respect to such candidate.
``(4) General runoff election allocation.--The Commission
shall make an allocation from the Fund for a general runoff
election to a participating candidate in an amount equal to 25
percent of the base amount with respect to such candidate.
``(5) Uncontested elections.--
``(A) In general.--In the case of a primary or
general election that is an uncontested election, the
Commission shall make an allocation from the Fund to a
participating candidate for such election in an amount
equal to 25 percent of the allocation which such
candidate would be entitled to under this section for
such election if this paragraph did not apply.
``(B) Uncontested election defined.--For purposes
of this subparagraph, an election is uncontested if not
more than 1 candidate has campaign funds (including
payments from the Fund) in an amount equal to or
greater than 10 percent of the allocation a
participating candidate would be entitled to receive
under this section for such election if this paragraph
did not apply.
``(e) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is an amount
equal to the sum of--
``(A) $750,000; plus
``(B) $150,000 for each congressional district in
the State with respect to which the candidate is
seeking election.
``(2) Indexing.--In each even-numbered year after 2027--
``(A) each dollar amount under paragraph (1) shall
be increased by the percent difference between the
price index (as defined in section 315(c)(2)(A)) for
the 12 months preceding the beginning of such calendar
year and the price index for calendar year 2022;
``(B) each dollar amount so increased shall remain
in effect for the 2-year period beginning on the first
day following the date of the last general election in
the year preceding the year in which the amount is
increased and ending on the date of the next general
election; and
``(C) if any amount after adjustment under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.
``(a) In General.--The Commission shall pay to each participating
candidate an amount equal to 600 percent of the amount of qualified
small dollar contributions received by the candidate from individuals
after the date on which such candidate is certified under section 514.
``(b) Limitation.--The aggregate payments under subsection (a) with
respect to any candidate shall not exceed 400 percent of the allocation
such candidate is entitled to receive for such election under section
522 (determined without regard to subsection (d)(5) thereof).
``(c) Time of Payment.--The Commission shall make payments under
this section not later than 2 business days after the receipt of a
report made under subsection (d).
``(d) Reports.--
``(1) In general.--Each participating candidate shall file
reports of receipts of qualified small dollar contributions at
such times and in such manner as the Commission may by
regulations prescribe.
``(2) Contents of reports.--Each report under this
subsection shall disclose--
``(A) the amount of each qualified small dollar
contribution received by the candidate; and
``(B) the name, address, and occupation of each
individual who made a qualified small dollar
contribution to the candidate.
``(3) Frequency of reports.--Reports under this subsection
shall be made no more frequently than--
``(A) once every month until the date that is 90
days before the date of the election; and
``(B) once every week after the period described in
subparagraph (A) and until the date of the election.
``(4) Limitation on regulations.--The Commission may not
prescribe any regulations with respect to reporting under this
subsection with respect to any election after the date that is
180 days before the date of such election.
``(e) Appeals.--The Commission shall provide a written explanation
with respect to any denial of any payment under this section and shall
provide the opportunity for review and reconsideration within 5
business days of such denial.
``SEC. 524. ENHANCED MATCHING SUPPORT.
``(a) In General.--In addition to the payments made under section
523, the Commission shall make an additional payment to an eligible
candidate under this section.
``(b) Eligibility.--A candidate is eligible to receive an
additional payment under this section 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 the sum of $15,000 for each
congressional district in the State with respect to which the
candidate is seeking election.
``(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 title.
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the amount of
the additional payment made to an eligible candidate under this
subtitle shall be an amount equal to 50 percent of--
``(A) the amount of the payment made to the
candidate under section 523 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 (b)(4)(A)); or
``(B) in the case of a candidate who is not
eligible to receive a payment under section 523 with
respect to such qualified small dollar contributions
because the candidate has reached the limit on the
aggregate amount of payments under section 523, the
amount of the payment which would have been made to the
candidate under section 523 with respect to such
qualified small dollar contributions if the candidate
had not reached such limit.
``(2) Limit.--The amount of the additional payment
determined under paragraph (1) with respect to a candidate may
not exceed the sum of $150,000 for each congressional district
in the State with respect to which the candidate is seeking
election.
``(3) No effect on aggregate limit.--The amount of the
additional payment made to a candidate under this section shall
not be included in determining the aggregate amount of payments
made to a participating candidate with respect to an election
cycle under section 523.
``Subtitle D--Administrative Provisions
``SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMISSION.
``(a) Duties and Powers.--
``(1) Administration.--The Commission shall have the power
to administer the provisions of this title and shall prescribe
regulations to carry out the purposes of this title, including
regulations--
``(A) to establish procedures for--
``(i) verifying the amount of valid
qualifying contributions with respect to a
candidate;
``(ii) effectively and efficiently
monitoring and enforcing the limits on the
raising of qualified small dollar
contributions;
``(iii) monitoring the raising of
qualifying multicandidate political committee
contributions through effectively and
efficiently monitoring and enforcing the limits
on individual contributions to qualified
accounts of multicandidate political
committees;
``(iv) effectively and efficiently
monitoring and enforcing the limits on the use
of personal funds by participating candidates;
and
``(v) monitoring the use of allocations
from the Fund and matching contributions under
this title through audits or other mechanisms;
and
``(B) regarding the conduct of debates in a manner
consistent with the best practices of States that
provide public financing for elections.
``(2) Review of fair elections financing.--
``(A) In general.--After each general election for
Federal office, the Commission shall conduct a
comprehensive review of the Fair Elections financing
program under this title, including--
``(i) the maximum dollar amount of
qualified small dollar contributions under
section 501(13);
``(ii) the maximum and minimum dollar
amounts for qualifying contributions under
section 501(12);
``(iii) the number and value of qualifying
contributions a candidate is required to obtain
under section 512 to qualify for allocations
from the Fund;
``(iv) the amount of allocations from the
Fund that candidates may receive under section
522;
``(v) the maximum amount of matching
contributions a candidate may receive under
section 523;
``(vi) the maximum amount of enhanced
matching contributions a candidate may receive
under section 524;
``(vii) the overall satisfaction of
participating candidates and the American
public with the program; and
``(viii) such other matters relating to
financing of Senate campaigns as the Commission
determines are appropriate.
``(B) Criteria for review.--In conducting the
review under subparagraph (A), the Commission shall
consider the following:
``(i) Qualifying contributions and
qualified small dollar contributions.--The
Commission shall consider whether the number
and dollar amount of qualifying contributions
required and maximum dollar amount for such
qualifying contributions and qualified small
dollar contributions strikes a 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
Commission determines is appropriate.
``(ii) Review of program benefits.--The
Commission shall consider whether the totality
of the amount of funds allowed to be raised by
participating candidates (including through
qualifying contributions and small dollar
contributions), allocations from the Fund under
section 522, matching contributions under
section 523, and enhanced matching
contributions under section 524 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
Commission determines is appropriate.
``(C) Recommendations for adjustment of amounts.--
Based on the review conducted under subparagraph (A),
the Commission shall make recommendations to Congress
for any adjustment of the following amounts:
``(i) The maximum dollar amount of
qualified small dollar contributions under
section 501(13)(C).
``(ii) The maximum and minimum dollar
amounts for qualifying contributions under
section 501(12)(A).
``(iii) The number and value of qualifying
contributions a candidate is required to obtain
under section 512(a)(1).
``(iv) The base amount for candidates under
section 522(d).
``(v) The maximum amount of matching
contributions a candidate may receive under
section 523(b).
``(vi) The maximum amount of enhanced
matching contributions a candidate may receive
under section 524(c).
``(D) Report.--Not later than March 30 following
any general election for Federal office, the Commission
shall submit a report to Congress on the review
conducted under subparagraph (A) and any
recommendations developed under subparagraph (C). Such
report shall contain a detailed statement of the
findings, conclusions, and recommendations of the
Commission based on such review.
``(b) Reports.--Not later than March 30, 2026, and every 2 years
thereafter, the Commission shall submit to the Senate Committee on
Rules and Administration a report 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 subtitle.
``SEC. 532. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate under section 514 accepts a contribution or makes an
expenditure that is prohibited under section 513, the Commission shall
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
Fund.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(1) In general.--If the Commission determines that any
benefit made available to a participating candidate under this
title 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 benefits 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.''.
SEC. 5112. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(e)) is amended by adding at the end the following new
paragraph:
``(6) No authorized committee of a participating candidate
(as defined in section 501) may establish a joint fundraising
committee with a political committee other than an authorized
committee of a candidate.''.
SEC. 5113. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY
POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.
Section 315(d) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(d)) is amended--
(1) in paragraph (3)(A), by striking ``in the case of'' and
inserting ``except as provided in paragraph (6), in the case
of''; and
(2) by adding at the end the following new paragraph:
``(6)(A) The limitation under paragraph (3)(A) shall not
apply with respect to any expenditure from a qualified
political party-participating candidate coordinated expenditure
fund.
``(B) In this paragraph, the term `qualified political
party-participating candidate coordinated expenditure fund'
means a fund established by the national committee of a
political party, or a State committee of a political party,
including any subordinate committee of a State committee, for
purposes of making expenditures in connection with the general
election campaign of a candidate for election to the office of
Senator who is a participating candidate (as defined in section
501), that only accepts qualified coordinated expenditure
contributions.
``(C) In this paragraph, the term `qualified coordinated
expenditure contribution' means, with respect to the general
election campaign of a candidate for election to the office of
Senator who is a participating candidate (as defined in section
501), any contribution (or series of contributions)--
``(i) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(ii) the aggregate amount of which does not
exceed $500 per election.''.
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 502 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. 9707. 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 502 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 502 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
``Sec. 6761. 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
523 of such Act; and
(B) the amount of a qualified small dollar
contribution referred to in section 501(13) 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.
PART 3--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 5121. 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. 5122. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30104(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in electronic form accessible by computers.'';
(2) in subparagraph (B), by striking ``48 hours'' and all
that follows through ``filed electronically)'' and inserting
``24 hours''; and
(3) by striking subparagraph (D).
PART 4--MISCELLANEOUS PROVISIONS
SEC. 5131. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and amendments made by this subtitle, and the application of
the provisions and amendment to any person or circumstance, shall not
be affected by the holding.
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 2027' 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 (A) 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 inserting ``or
9033(b)'' after ``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) adding at the end 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''.
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 certify 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. 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.''.
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 subtitle and the amendments made by this subtitle 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 subtitle and the amendments made by this
subtitle.
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) is amended by adding at the end the following new subsection:
``(d) 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 4402(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.
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--
(A) 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. 3 members of the Commission shall
constitute a quorum.'';
(B) by inserting ``(A)'' after ``(1)''; and
(C) by adding at the end the following new
subparagraph:
``(B) An individual shall not be treated as affiliated with a
political party under subparagraph (A) solely on the basis that the
individual has made contributions or donations to a candidate or
political committee affiliated with such political party unless such
individual has, within the 5-year period ending on the date on which
such individual is nominated to be a member of the Commission--
``(i) made one or more contributions in an amount equal to
the maximum permitted by law at the time of the contribution to
any individual candidate, political action committee, or party
committee that is affiliated with such political party; or
``(ii) made 5 or more contributions in excess of $100 to
any candidate, political action committee, or party committee
that is affiliated with such political party.''.
(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, provided a quorum is present'' 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 striking the first sentence of paragraph (1)
and inserting the following: ``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 act on such complaint, may file a
petition with the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's failure to act on the
complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
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 THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER
THE FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after
paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under this
subsection with respect to a violation of this Act unless a complaint
is filed with the Commission with respect to the violation under
paragraph (1), or the Commission responds to information with respect
to the violation which is ascertained in the normal course of carrying
out its supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C.
30145(a)) is amended by striking ``5 years'' and inserting ``10
years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 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 under the heading ``Coordination'' in subpart C
of part 109 of title 11, Code of Federal Regulations)
are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
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 one 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.
(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 1 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:
``(d) Civil Money Penalties.--
``(1) Registration statements.--A person who fails to file
timely, or to complete, a registration statement in accordance
with section 2(a) shall be subject to a civil money penalty of
not more than $10,000 per violation.
``(2) Supplements.--A person who fails to file timely, or
to complete, any supplement in accordance with section 2(b)
shall be subject to a civil money penalty of not more than
$1,000 per violation.
``(3) Other violations.--
``(A) Definition of covered person.--In this
paragraph, the term `covered person' means a person
that knowingly fails--
``(i) to remedy a defective filing by the
date that is 60 days after the date of receipt
of a notice from the Attorney General
describing the defect; or
``(ii) to comply with any other applicable
provision of this Act.
``(B) Penalty.--On proof, by a preponderance of the
evidence, of a knowing failure described in
subparagraph (A), the applicable covered person shall
be subject to a civil money penalty of not more than
$200,000, as determined based on the extent and gravity
of the failure.
``(4) No fines paid by foreign principals.--A civil money
penalty under paragraph (1), (2), or (3) 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 pay the costs of the
enforcement unit established under subsection (i)(1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of 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) Digitized Format Required.--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
in order to enable the Attorney General to meet the requirements of
section 6(d)(1)''.
(b) Requirements for Electronic Database of Registration Statements
and Updates.--Section 6(d)(1) of the Foreign Agents Registration Act of
1938, as amended (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 inserting ``, in a digitized
format,'' after ``includes''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to statements, supplements, and amendments filed
under section 2 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 612), on or after the date that is 180 days after
the date of enactment of this Act.
Subtitle C--Lobbying Disclosure Reform
SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO
REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995.
(a) 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--
(1) by striking ``efforts'' and inserting ``any efforts'';
and
(2) 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''.
(b) 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.''.
(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. 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, other
than an officer or employee who serves in the Executive Office of 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--
``(i) shall include a party that is an entity in
which the President has a substantial interest; and
``(ii) shall not include a particular matter in
which--
``(I) the President is a party to
litigation in his or her official capacity; or
``(II) the outcome of the particular matter
would have a direct bearing on the President's
ability to carry out his or her constitutional
duties; or
``(B) the spouse of the President who appointed the officer
or employee, which shall include a party that is an entity in
which the spouse of the President has a substantial interest.
``(2)(A)(i) 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.
``(ii) The most senior career appointee in the agency, or component
of the agency if applicable, of an officer or employee recused under
paragraph (1) (or the designee of such career appointee) shall perform
the functions and duties of the recused officer or employee, and such
career appointee shall perform those functions and duties until the
particular matter concludes, unless the head of the agency determines
in writing that good cause exists to reassign those functions and
duties to a different career appointee.
``(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.
``(f) 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 section 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--Foreign Lobbying
SEC. 7501. PROHIBITION ON FOREIGN LOBBYING.
(a) In General.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.) is amended--
(1) by redesignating section 26 (2 U.S.C. 1614) as section
27; and
(2) by inserting after section 25 (2 U.S.C. 1613) the
following:
``SEC. 26. PROHIBITION ON FOREIGN LOBBYING.
``(a) Definition.--In this section--
``(1) the term `covered lobbyist' means--
``(A) a lobbyist that is registered or is required
to register under section 4(a)(1);
``(B) an organization that employs 1 or more
lobbyists and is registered, or is required to
register, under section 4(a)(2); and
``(C) an employee listed or required to be listed
as a lobbyist by a registrant under section 4(b)(6) or
5(b)(2)(C); and
``(2) the terms `information-service employee', `public-
relations counsel', and `publicity agent' have the meanings
given those terms in section 1 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611).
``(b) Prohibition.--Except as provided in subsection (c), a covered
lobbyist may not accept financial or other compensation for services
that include lobbying activities on behalf of a foreign entity.
``(c) Exemptions.--The prohibition under subsection (b) shall not
apply the following covered lobbyists:
``(1) Diplomatic or consular officers.--A duly accredited
diplomatic or consular officer of a foreign government who is
so recognized by the Department of State, while the officer is
engaged exclusively in activities that are recognized by the
Department of State as being within the scope of the functions
of the officer.
``(2) Officials of foreign governments.--An official of a
foreign government, if that government is recognized by the
United States, who is not a public-relations counsel, a
publicity agent, or an information-service employee, or a
citizen of the United States, whose name and status and the
character of whose duties as an official are of public record
in the Department of State, while said official is engaged
exclusively in activities that are recognized by the Department
of State as being within the scope of the functions of the
official.
``(3) Staff members of diplomatic or consular officers.--A
member of the staff of, or any person employed by, a duly
accredited diplomatic or consular officer of a foreign
government who is so recognized by the Department of State,
other than a public-relations counsel, a publicity agent, or an
information-service employee, whose name and status and the
character of whose duties as such member or employee are of
public record in the Department of State, while the member or
employee is engaged exclusively in the performance of
activities that are recognized by the Department of State as
being within the scope of the functions of the member or
employee.
``(4) Persons engaging or agreeing to engage in the
soliciting or collecting of funds for humanitarian relief.--A
person engaging or agreeing to engage only in the soliciting or
collecting of funds and contributions within the United States
to be used only for medical aid and assistance, or for food and
clothing to relieve human suffering, if the solicitation or
collection of funds and contributions is in accordance with,
and subject to, the provisions of the Neutrality Act of 1939
(22 U.S.C. 441 et seq.), and such rules and regulations as may
be prescribed thereunder.
``(5) Certain persons qualified to practice law.--
``(A) In general.--A person qualified to practice
law, insofar as the person engages, or agrees to engage
in, the legal representation of a disclosed foreign
entity before any court of law or any agency of the
Government of the United States.
``(B) Legal representation.--For the purpose of
this paragraph, legal representation does not include
any attempt to influence or persuade agency personnel
or officials other than in the course of--
``(i) a judicial proceeding;
``(ii) a criminal or civil law enforcement
inquiry, investigation, or proceeding; or
``(iii) an agency proceeding required by
statute or regulation to be conducted on the
record.
``(d) Penalties.--Any person who knowingly violates this section
shall be fined not more than $200,000, imprisoned for not more than 5
years, or both, and any compensation received for engaging in the
unlawful activity shall be subject to disgorgement.''.
(b) Conforming Amendment.--Section 7 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1606) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Whoever'' and inserting ``Except as
otherwise provided in this Act, whoever''; and
(2) in subsection (b), by striking ``Whoever'' and
inserting ``Except as otherwise provided in this Act,
whoever''.
Subtitle G--Severability
SEC. 7601. 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.
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 REVOLVING DOOR.
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.--
``(A) In general.--The term `covered agency'
means--
``(i) an Executive agency (as defined in
section 105 of title 5, United States Code);
``(ii) the Postal Service; and
``(iii) the Postal Rate Commission.
``(B) Inclusion.--The term `covered agency'
includes the Executive Office of the President.
``(C) Exclusions.--The term `covered agency' does
not include--
``(i) the Government Accountability Office;
or
``(ii) the government of the District of
Columbia.
``(2) Covered employee.--The term `covered employee' means
an officer or employee referred to in subsection (c)(2) or
(d)(1) of section 207 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 the term in section 109.
``(5) Former client.--
``(A) In general.--The term `former client', with
respect to a covered employee, means a person for whom
the covered employee served personally as an agent,
attorney, or consultant during the 2-year period ending
on the day before the date on which the covered
employee begins service in the Federal Government.
``(B) Exclusions.--The term `former client' 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 included on the list
published under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131); or
``(v) the government of a territory or
possession of the United States.
``(6) Former employer.--
``(A) In general.--The term `former employer', with
respect to a covered employee, means a person for whom
the covered employee served as an employee, officer,
director, trustee, agent, attorney, consultant, or
contractor during the 2-year period ending on the day
before the date on which the covered employee begins
service in the Federal Government.
``(B) Exclusions.--The term `former employer' 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 the term in section 207(i) of title 18,
United States Code.
``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS.
``(a) Prohibition.--
``(1) In general.--A covered employee may not participate
personally and substantially in any particular matter involving
specific parties by which the covered employee knows that a
material financial interest of a former employer or former
client will be directly and predictably affected.
``(2) Exemptions.--
``(A) Regulations.--The Director shall publish in
the Federal Register regulations applicable to all or a
portion of covered employees providing exemptions to
the prohibition under paragraph (1).
``(B) Inclusion.--The regulations under
subparagraph (A) shall include an exemption for any
covered employee in a case in which a particular matter
involves a financial interest described in paragraph
(1) that is too remote or too inconsequential to affect
the integrity of the services provided by the covered
employee.
``(b) Waivers.--
``(1) In general.--
``(A) Covered agency heads.--With respect to a 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 prohibition
under subsection (a) before the covered agency head
engages in an action otherwise prohibited by that
subsection, if the designated agency ethics official
determines and certifies in writing that, in
consideration of all relevant circumstances, the
interest of the Federal Government in the participation
of the covered agency head outweighs the concern that a
reasonable person may question the integrity of the
programs or operations of the covered agency.
``(B) Other covered employees.--With respect to any
covered employee not described in subparagraph (A), the
head of the covered agency employing the covered
employee, in consultation with the Director, may grant
a written waiver of the prohibition under subsection
(a) before the covered employee engages in an action
otherwise prohibited by that subsection, if the head of
the covered agency determines and certifies in writing
that, in consideration of all relevant circumstances,
the interest of the Federal Government in the
participation of the covered employee outweighs the
concern that a reasonable person may question the
integrity of the programs or operations of the covered
agency.
``(2) Notice and publication.--For any waiver granted under
paragraph (1), the individual who granted the waiver shall--
``(A) not later than 48 hours after the waiver is
granted, submit to the Director a copy of the waiver;
and
``(B) not later than 30 calendar days after the
date on which the waiver is granted, publish the waiver
on the website of the applicable covered agency.
``(3) Directorial review.--On receipt of a written waiver
under paragraph (2)(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 has an objection described in
subparagraph (A)--
``(i) provide reasons for the objection, in
writing, to the head of the covered agency who
granted the waiver by not later than 15
calendar days after the date on which the
waiver was granted; and
``(ii) publish the objection on the website
of the Office of Government Ethics by not later
than 30 calendar days after the date on which
the waiver was granted.
``SEC. 603. ENFORCEMENT.
``(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 against the person
a civil penalty of not more than the greater of--
``(i) $100,000 for each violation; and
``(ii) the amount of compensation the
person received or was offered for the conduct
constituting the violation.
``(B) Treatment.--A civil penalty under this
subsection may be in addition to any other criminal or
civil statutory, common law, or administrative remedy
available to--
``(i) the United States; or
``(ii) any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought
against a person under paragraph (1), 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) Treatment.--The filing of a petition seeking
injunctive relief under this paragraph shall not
preclude any other remedy available by law to--
``(i) the United States; or
``(ii) 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 chapter 21 of
title 41, United States Code, as amended by this section, 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 (18
U.S.C. 3056 note).
(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) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(3) 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).
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, Cabinet Member, 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 ``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
(4) 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 subparagraphs (A) through (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
gives 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 limitations 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 two 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) Definitions.--In this section:
(1) Covered employee.--
(A) In general.--The term ``covered employee''
means--
(i) a noncareer Presidential or Vice
Presidential appointee;
(ii) a noncareer appointee in the Senior
Executive Service (or any other SES-type
system); and
(iii) an appointee to a position that has
been excepted from the competitive service by
reason of being of a confidential or policy-
determining character (such as a position under
Schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations (as in effect on
the date of enactment of this Act), and any
other position excepted under comparable
criteria) in an Executive agency.
(B) Exclusions.--The term ``covered employee'' does
not include any individual appointed--
(i) as a member of the Senior Foreign
Service; or
(ii) solely as a uniformed service
commissioned officer.
(2) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(b) Procedure.--Notwithstanding any other provision of law, not
later than 30 days after the date on which an officer or employee
issues or approves a waiver or authorization for a covered employee
pursuant to section 3 of Executive Order 13770 (82 Fed. Reg. 9335) (or
any subsequent similar order), the issuing officer or employee shall--
(1) submit to the Director a written copy of the waiver or
authorization; and
(2) make a written copy of the waiver or authorization
available to the public on the website of the employing agency
of the covered employee.
(c) Public Availability.--Not later than 30 days after the date of
receipt of a written copy of a waiver or authorization under subsection
(b)(1), the Director shall make the waiver or authorization available
to the public on the website of the Office of Government Ethics.
(d) Retroactive Application.--
(1) In general.--In the case of a waiver or authorization
described in subsection (b) that is issued during the period
beginning on January 20, 2017, and ending on the date of
enactment of this Act, the issuing officer or employee shall
comply with the requirements of paragraphs (1) and (2) of
subsection (b) by not later than 30 days after the date of
enactment of this Act.
(2) Report to congress.--Not later than 45 days after the
date of enactment of this Act, the Director shall submit to
Congress a report that describes the impact of the application
of paragraph (1), including the name of--
(A) each covered employee who received a waiver or
authorization described in subsection (b); and
(B) each individual who, by operation of paragraph
(1), submitted the information required under that
subsection.
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 determined
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 semicolon 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'';
(3) by striking ``collect, review, evaluate, and if
applicable, make'' and insert ``collects, reviews, evaluates,
and, if applicable, makes''; and
(4) 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), 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''; 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 determined 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.--The Ethics in Government Act of 1978 (5 U.S.C. App) is
amended by striking section 408.
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 one 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; and
``(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
``(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) Each eligible candidate (as defined in subsection (h)(4)(A))
or the President-elect (as the case may be) shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of the House of
Representatives a report containing the names of the candidates for
high level security positions submitted under paragraph (1)--
``(A) not later than 10 days after the date of the
submission to the Federal Bureau of Investigation or other
appropriate agency under paragraph (1); and
``(B) not later than 10 days after any such candidate is
granted a security clearance (including an interim clearance)
under paragraph (2).''; 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 every position each transition team member
has held outside of the Federal Government during the previous
12-month period, including paid and unpaid positions;
``(D) sources of compensation received by each transition
team member exceeding $5,000 during the previous 12-month
period;
``(E) a description of the role of each transition team
member, including--
``(i) a list of any policy issues that the
transition team member expects to work on; and
``(ii) a list of agencies with which the transition
team member expects to interact 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 ethics plan described in
section 4(g)(3); and
``(G) an affirmation that no transition team member has a
financial conflict of interest that precludes the transition
team member from working on the matters of the member 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) If the President-elect and Vice-President elect do not make
information required under paragraph (1) publicly available with
respect to a particular transition team member, the head of a Federal
department or agency may not permit the transition team member to
access the Federal department or agency or any employee of the Federal
department or agency in a manner that would not be permitted to a
member of the public.''.
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.
``(a) In General.--For the purposes of this title, the following
definitions apply:
``(1) 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.
``(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 `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).
``(4) 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.
``(5) 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.
``(6) 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 appointee begins service in the Federal
Government, but does not include an agency or instrumentality
of the Federal Government.
``(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 appointee 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 `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.
``(9) The term `Government official' means any employee of
the executive branch.
``(10) The term `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(11) The term `participate' means to participate
personally and substantially.
``(12) The term `pledge' means the ethics pledge set forth
in section 202 of this title.
``(13) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18, United
States Code, and the implementing regulations.
``(14) 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.
``(b) References.--All references to provisions of law and
regulations under subsection (a) 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), the interest of the Federal
Government 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 President or the President's designee 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 Act'' or
the ``SWAMP FLYERS Act''.
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 is 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 title
5, United States Code; 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.
(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 20 as clause 21; and
(2) by inserting after clause 19 the following new clause:
``20. 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 (2 U.S.C. 1601 et seq.), 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 the Federal Election Campaign Act of 1971 (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 (2 U.S.C. 1601 et seq.), 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 the Federal
Election Campaign Act of 1971 (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 (2 U.S.C. 1601 et seq.), 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 the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002(a),
section 4208(a), and section 4210(a), is amended by adding at the end
the following new subsection:
``(m) 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 U.S.C.
1601 et seq.).
``(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 (52 U.S.C. 30101 et seq.) 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) to the extent practicable, 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 a 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), (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. RULES OF CONSTRUCTION; INSPECTORS GENERAL.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information, records, or
reports that are exempt from public disclosure under section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''), or that may be withheld under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''); or
(2) 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) Withholding of Information.--Nothing in this subtitle shall be
construed to require the publication, on the online portal or
otherwise, of any report containing information--
(1) that is exempt from disclosure under section 552 of
title 5, United States Code, or that may be withheld under
section 552a of title 5, United States Code;
(2) that is classified;
(3) that is law enforcement sensitive; or
(4) the public release of which could have a harmful effect
on national security.
(c) Relationship to Offices of Inspectors General.--The inspector
general of each Federal agency, except for an inspector general
belonging to an element of the intelligence community, as defined in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003), shall
be responsible for the submission of their reports to the Director.
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.
(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 ``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).
(3) The term ``major party'' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
(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 (32 U.S.C. 30101 et seq.), 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 (32
U.S.C. 30101 et seq.).
(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 the
Internal Revenue Code of 1986 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.
Calendar No. 77
117th CONGRESS
1st Session
S. 2093
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 17, 2021
Read the second time and placed on the calendar