H.R. 1 — what changed
For the People Act of 2021
From Introduced in House to Engrossed in House. 81 sections amended, 39 added, and 1 removed between Introduced in House and Engrossed in House.
Sec. 2 Organization of Act into divisions; table of contents
Divisions— This Act is organized into divisions as follows:
Division A—Voting.
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Division B—Campaign FinanceFinance.
Division C—Ethics.
Table of contents— The table of contents of this Act is as follows:
Sec. 3 Findings of general constitutional authority
changed 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:
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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).(1964), and to address partisan gerrymandering, Rucho v. Common Cause, 588 U.S. ____, 32–33 (2019).
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.
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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In general— If For 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 any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply:
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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.Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such a writ is issued), shall have exclusive jurisdiction to hear such actions.
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.
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It shall be the duty of the United States District Court for the District of Columbia, Columbia and the Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
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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).
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was (3)
Intervention by Members of Congress— In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
Sec. 1000 Short title; statement of policy
Short title— This title may be cited as the “Voter Empowerment Act of 2021”.
Statement of policy— It is the policy of the United States that—
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the ability of all eligible citizens of the United States should to access and exercise their constitutional right to vote in a free, fair, and timely manner; manner must be vigilantly enhanced, protected, and maintained; and
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.
Sec. 1006 Report on data collection
added 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.
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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.
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Waiver— Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to “January 1, 2022” were a reference to “January 1, 2024”.
Sec. 1007 Permitting voter registration application form to serve as application for absentee ballot
addedadded Section 5(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)) is amended—
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by striking “and” at the end of subparagraph (D);
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by striking the period at the end of subparagraph (E) and inserting “; and”; and
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by adding at the end the following new subparagraph:
added “(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State.”
Sec. 1008 Effective date
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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.
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Waiver— Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to “January 1, 2022” were a reference to “January 1, 2024”.
Sec. 1012 Automatic registration of eligible individuals
Requiring States To establish and operate automatic registration system—
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.
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.
Registration of voters based on new agency records— The chief State election official shall—
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
not later than 120 days after a contributing agency has transmitted such information with respect to the individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual’s voter registration status.
One-Time registration of voters based on existing contributing agency records— The chief State election official shall—
identify all individuals whose information is transmitted by a contributing agency pursuant to section 1014 and who are eligible to be, but are not currently, registered to vote in that State;
promptly send each such individual written notice, in addition to other means of notice established by this part, which shall not identify the contributing agency that transmitted the information but shall include—
an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote;
a statement offering the opportunity to decline voter registration through means consistent with the requirements of this part;
in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this part;
the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications;
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instructions for correcting any erroneous information; andinformation;
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instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993;1993; and
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an explanation of what information the State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and what privacy programs are available, such as those described in section 1056;
ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially logged telephone communication; and
send written notice to each such individual, in addition to other means of notice established by this part, of the individual’s voter registration status.
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.
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
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.
Requirements for contributing agencies—
Instructions on automatic registration— With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following:
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.
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.
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.
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.
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Opportunity to decline registration required— Each 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, or, in the case of an institution of higher education, each registration of a student for enrollment in a course of study, address cannot be completed until the individual is given the opportunity to decline to be registered to vote.
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Information transmittal— Upon the expiration of the 30-day period which begins on the date the a contributing agency as described in paragraph (1) informs the an individual of the information described in paragraph (1), such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information, unless during such 30-day period the individual declined to be registered to vote:information:
The individual’s given name(s) and surname(s).
The individual’s date of birth.
The individual’s residential address.
Information showing that the individual is a citizen of the United States.
The date on which information pertaining to that individual was collected or last updated.
If available, the individual’s signature in electronic form.
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Information 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.
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.
Alternate procedure for certain contributing agencies— With each application for service or assistance, and with each related recertification, renewal, or change of address, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall—
complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6));
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
for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3).
Required availability of automatic registration opportunity with each application for service or assistance— Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity.
Contributing agencies—
State agencies— In each State, each of the following agencies shall be treated as a contributing agency:
Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993.
Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111–148).
Each State agency primarily responsible for regulating the private possession of firearms.
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)).
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.
Any other agency of the State which is designated by the State as a contributing agency.
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)):
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.
The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process.
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.
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.
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Special rule for institutions of higher education—
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Special rule— For purposes of this part, each institution of higher education described in subparagraph (B) shall be treated as a contributing agency in the State in which it is located, except that—
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the institution shall be treated as a contributing agency only if, in its normal course of operations, the institution requests each student registering for enrollment in a course of study, including enrollment in a program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)), to affirm whether or not the student is a United States citizen; and
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if the institution is treated as a contributing agency in a State pursuant to clause (i), the institution shall serve as a contributing agency only with respect to students, including students enrolled in a program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)), who reside in the State.
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Institutions described— An institution described in this subparagraph is an 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) and which is located in a State to which section 4(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)) does not apply.
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was (6)(5)
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.
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was (6)(6)
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.
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Institutions of higher education—
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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.
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Procedures—
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In general— Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the ’Family Educational Rights and Privacy Act of 1974”) or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection (b) with respect to each in-State student.
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Rules for compliance— In complying with the requirements described in subparagraph (A), the institution—
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may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) to collect information described in paragraph (3) of such subsection for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; and
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shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; and (iii) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965.
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Clarification— Nothing in this part may be construed to require an institution of higher education to request each student to affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship.
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Definitions—
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Covered institution of higher education— In this section, the term “covered institution of higher education” means an institution of higher education that—
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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);
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in its normal course of operations, requests each in-State student enrolling in the institution to affirm whether or not the student is a United States citizen; and
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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.
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In-State student— In this section, the term “in-State student”—
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means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and
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includes a student described in clause (i) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Sec. 1020 Definitions
In this part, the following definitions apply:
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.
The term Commission means the Election Assistance Commission.
The term exempt State means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State (or, in the case of a State in which an individual is automatically registered to vote at the time the individual applies for benefits or services with a Permanent Dividend Fund of the State, provides the appropriate official of such Fund) with such identifying information as the State may require.
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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 District Commonwealth of Columbia.the Northern Mariana Islands.
Sec. 1031 Same day registration
In general— Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—
by redesignating sections 304 and 305 as sections 305 and 306; and
by inserting after section 303 the following new section:
“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.
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“(c) Effective date—Each Ensuring availability of forms—The State shall ensure that each polling place has copies of any forms an individual may be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring complete in November 2022 and for any subsequent election for Federal office.”order to register to vote or revise the individual’s voter registration information under this section.
added “(d) Effective date—Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office.”
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”.
Clerical amendment— The table of contents of such Act is amended—
by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and
by inserting after the item relating to section 303 the following new item:
Sec. 1041 Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks
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—
by redesignating subparagraph (B) as subparagraph (D); and
by inserting after subparagraph (A) the following new subparagraphs:
“(B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless—
“(i) the State obtained the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s social security number, in the interstate cross-check; or
“(ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State.
“(C) In this paragraph—
“(i) the term interstate cross-check means the transmission of information from an election official in one State to an election official of another State; and
“(ii) the term ERIC system means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States.”
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Requiring completion of cross-checks 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)”.
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”.
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.
Sec. 1051 Annual reports on voter registration statistics
Annual report— Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following categories of information for the year:
The number of individuals who were registered under part 2.
The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency.
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.
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.
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.
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.
added
The number of individuals who were purged from the official voter registration list or moved to inactive status, broken down by the reason for those actions, including the method used for identifying those voters.
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.
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.
State defined— In this section, a “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.
Sec. 1055 Permission to place exhibits
addedadded The Secretary of Homeland Security shall implement procedures to allow the chief election officer of a State to provide information about voter registration, including through a display or exhibit, after the conclusion of an administrative naturalization ceremony in that State.
Sec. 1056 Requiring States to establish and operate voter privacy programs
added
added
In general— Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that the State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential.
added
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.
added
Public availability— Each State shall make information about the program established under subsection (a) available on a publicly accessible website.
added
Definitions— In this section:
added
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).
added
The term “trafficking” means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
Sec. 1057 Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications
added
added
Development of uniform statement— The Director of the Bureau of Consumer Financial Protection, in coordination with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of such statement pursuant to this section of how they can register to vote and their voting rights under law.
added
Leases and vouchers for Federally assisted rental housing— The Secretary of Housing and Urban Development shall require—
added
each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (a) to each lessee of a dwelling unit in public housing administered by such agency—
added
together with the lease for such a dwelling unit, at the same time such lease is provided to the lessee; and
added
together with any income verification form, at the same time such form is provided to the lessee;
added
each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (a) to each assisted family or individual—
added
together with the voucher for such assistance, at the time such voucher is issued for such family or individual; and
added
together with any income verification form, at the same time such form is provided to the applicant or assisted family or individual; and
added
each owner of a dwelling unit assisted with Federal project-based rental assistance to provide a copy of the uniform statement developed pursuant to subsection (a) to provide to the lessee of such dwelling unit—
added
together with the lease for such dwelling unit, at the same time such form is provided to the lessee; and
added
together with any income verification form, at the same time such form is provided to the applicant or tenant;
added
Applications for residential mortgage loans— The Director of the Bureau of Consumer Financial Protection shall require each creditor that receives an application (within the meaning of such term as used in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (a) in written form to the applicant for such residential mortgage loan, within 5 business days of the date of application.
added
Optional completion of application— Nothing in this section may be construed to require any individual to complete an application for voter registration.
added
Definitions— As used in this section:
added
Federal project-based rental assistance— The term “Federal project-based rental assistance” means project-based rental assistance provided under—
added
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);
added
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
added
section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
added
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);
added
subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
added
title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);
added
the Housing Trust Fund program under section 1338 of the federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or
added
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.).
added
Owner— The term “owner” has the meaning given such term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)).
added
Public housing; public housing agency— The terms “public housing” and “public housing agency” have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
added
Residential mortgage loan— The term “residential mortgage loan” includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families.
added
Regulations— The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Consumer Financial Protection Bureau may issue such regulations as may be necessary to carry out this section.
Sec. 1061 Availability of requirements payments under HAVA to cover costs of compliance with new requirements
In General— Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended—
in paragraph (1), by striking “as provided in paragraphs (2) and (3)” and inserting “as otherwise provided in this subsection”; and
by adding at the end the following new paragraph:
“(4) Certain voter registration activities—A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021.”
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)”.
changed
Effective Date— The amendments made by this section shall apply with respect to fiscal year 2020 2022 and each succeeding fiscal year.
Sec. 1091 Pilot program for providing voter registration information to secondary school students prior to graduation
changed
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 1-year period beginning after the date of the enactment of this part to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in the 12th grade.
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—
a description of the initiatives the agency intends to carry out with the funds;
added
a description of how the agency will prioritize access to such initiatives for schools that serve—
added
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
added
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;
renumbered
was (3)(4)
an estimate of the costs associated with such initiatives; and
renumbered
was (3)(5)
such other information and assurances as the Commission may require.
added
Priority for schools receiving title I funds— In selecting among eligible local educational agencies for receiving funds under the pilot program under this part, the Commission shall give priority to local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
renumbered
was (4)
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.
renumbered
was (5)
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. 1201 Voter caging and other questionable challenges prohibited
In General— Chapter 29 of title 18, United States Code, as amended by section 1071(a), is amended by adding at the end the following:
“613. Voter caging and other questionable challenges
“(a) Definitions—In this section—
“(1) the term voter caging document means—
“(A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or
“(B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery;
“(2) the term voter caging list means a list of individuals compiled from voter caging documents; and
“(3) the term unverified match list means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual.
“(b) Prohibition Against Voter Caging—No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of—
“(1) a voter caging document or voter caging list;
“(2) an unverified match list;
“(3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004 of the Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or
“(4) any other evidence so designated for purposes of this section by the Election Assistance Commission,
“(c) Requirements for Challenges by Persons Other Than Election Officials
“(1) Requirements for challenges—No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is—
“(A) documented in writing; and
changed “(B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the age, race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph.
“(2) Prohibition on challenges on or near date of election—No person, other than a State or local election official, shall be permitted—
“(A) to challenge an individual’s eligibility to vote in an election for Federal office on Election Day, or
“(B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election.
“(d) Penalties for Knowing Misconduct—Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense.
“(e) No Effect on Related Laws—Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).”
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:
Sec. 1302 Prohibition on deceptive practices in Federal elections
Prohibition— Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended—
by striking “No person” and inserting the following:
“(1) In general—No person”
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—
changed
“(I) any criminal criminal, civil, or other legal penalties associated with voting in any such election; or
“(II) information regarding a voter's registration status or eligibility.
“(3) False statements regarding public endorsements
“(A) Prohibition—No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person—
“(i) knows such statement to be false; and
“(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5).
“(B) Definition of materially false—For purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)—
“(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and
“(ii) such person, political party, or organization has not endorsed the election of such candidate.
“(4) Hindering, interfering with, or preventing voting or registering to vote—No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5).
“(5) Election described—An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.”
Private right of action—
In general— Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended—
by striking “Whenever any person” and inserting the following:
“(1) In general—Whenever any person”
by adding at the end the following new paragraph:
“(2) Civil action—Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.”
Conforming amendments— Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended—
in subsection (e), by striking “subsection (c)” and inserting “subsection (c)(1)”; and
in subsection (g), by striking “subsection (c)” and inserting “subsection (c)(1)”.
Criminal penalties—
Deceptive acts— Section 594 of title 18, United States Code, is amended—
by striking “Whoever” and inserting the following:
“(a) Intimidation—Whoever”
in subsection (a), as inserted by subparagraph (A), by striking “at any election” and inserting “at any general, primary, run-off, or special election”; and
by adding at the end the following new subsections:
“(b) Deceptive acts
“(1) False statements regarding Federal elections
“(A) Prohibition—It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person—
“(i) knows such information to be materially false; and
“(ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e).
“(B) Information described—Information is described in this subparagraph if such information is regarding—
“(i) the time or place of holding any election described in subsection (e); or
“(ii) the qualifications for or restrictions on voter eligibility for any such election, including—
changed
“(I) any criminal 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
changed
“(1) Prohibition—It shall be unlawful for any person, whether acting under color of law or otherwise, to intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e).(e), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government.
“(2) Penalty—Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both.
“(d) Attempt—Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.
“(e) Election described—An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.”
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”.
Sentencing guidelines—
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.
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.
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. 1503 Accessibility and ballot verification for individuals with disabilities
In general— Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
“(B)
“(i) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot as for other voters;
changed
“(ii) satisfy the requirement of subparagraph (A) through the use of a sufficient number, but at least one one, of voting system systems, as determined by the Commission in consultation with the United States Access Board and the National Institute of Standards and Technology, equipped for 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, at each polling place; for all in person voting options; and
“(iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that—
“(I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and
“(II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot;”
changed
Specific requirement of study, testing, and development of accessible paper ballot verification mechanisms—voting options—
Study and reporting— Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended—
by redesignating section 247 as section 248; and
by inserting after section 246 the following new section:
changed
“247. Study and report on accessible paper ballot verification mechanismsvoting options
changed
“(a) Study Grants to study and report—The Director of Commission, in coordination with the National Science Foundation Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 3 three eligible entities to study, test, and develop accessible paper ballot and secure remote voting systems and voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used.disabilities.
changed
“(b) Eligibility—An entity is eligible to receive a grant under this part if it submits to the Director Commission (at such time and in such form as the Director Commission may require) an application containing—
changed
“(1) certifications a certification that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting complete the information printed or marked on such ballots back to such individuals and voters, and casting such ballots;activities carried out with the grant not later than January 1, 2024; and
changed
“(2) a certification that the entity shall complete the activities carried out with such other information and certifications as the grant not later than December 31, 2022; andCommission may require.
removed
“(3) such other information and certifications as the Director 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.
added “(d) Coordination with grants for technology improvements—The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determines necessary to provide for the advancement of accessible voting technology.
changed
“(d) Coordination with grants for technology improvements—The Director shall “(e) Authorization of appropriations—There is authorized to be appropriated to 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 Director and Commission determine necessary $10,000,000, to provide for the advancement of accessible voting technology.remain available until expended.”
removed
“(e) Authorization of appropriations—There is authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended.”
Clerical amendment— The table of contents of such Act is amended—
by redesignating the item relating to section 247 as relating to section 248; and
by inserting after the item relating to section 246 the following new item:
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.
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. 1507 Effective date for new requirements
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows:
“(d) Effective Date
“(1) In general—Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.
“(2) Special rule for certain requirements
“(A) In general—Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year.
“(B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020
“(i) Delay—In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to “2022” were a reference to “2024”, but only with respect to the following requirements of this section:
“(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots).
“(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot).
“(III) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots).
“(ii) Jurisdictions described—A jurisdiction described in this clause is a jurisdiction—
“(I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and
“(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2024.
“(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems
“(I) Requiring ballots to be offered and provided—The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause.
“(II) Treatment of ballot—Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot.
changed
“(III) Posting of notice—The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot.ballot. The notice shall take into consideration factors including the linguistic preferences of voters in the jurisdiction.
“(IV) Training of election officials—The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot.
“(V) Period of applicability—The requirements of this clause apply only during the period in which the delay is in effect under clause (i).
“(C) Special rule for jurisdictions using certain nontabulating ballot marking devices—In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to “any election for Federal office held in 2022 or any succeeding year” were a reference to “elections for Federal office occurring held in 2024 or each succeeding year”, but only with respect to paragraph (3)(B)(iii)(II) of subsection (a) (relating to nonmanual casting of the durable paper ballot).”
Sec. 1601 Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards
In general— Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended—
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following new subsections:
“(d) Statewide counting of provisional ballots
changed “(1) In general—For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official of the jurisdiction in which the individual is registered shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote.
“(2) Effective date—This subsection shall apply with respect to elections held on or after January 1, 2022.
“(e) Uniform and nondiscriminatory standards
“(1) In general—Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots.
“(2) Effective date—This subsection shall apply with respect to elections held on or after January 1, 2022.”
Conforming amendment— Section 302(f) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection (a), is amended by striking “Each State” and inserting “Except as provided in subsections (d)(2) and (e)(2), each State”.
Sec. 1611 Early voting
Requirements— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1101(a), is amended—
by redesignating sections 306 and 307 as sections 307 and 308; and
by inserting after section 305 the following new section:
“306. Early voting
“(a) Requiring Voting Prior to Date of Election
“(1) In general—Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date.
“(2) Length of period—The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election.
“(b) Minimum early voting requirements—Each polling place which allows voting during an early voting period under subsection (a) shall—
“(1) allow such voting for no less than 10 hours on each day;
“(2) have uniform hours each day for which such voting occurs; and
“(3) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time).
“(c) Location of polling places
“(1) Proximity to public transportation—To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route.
“(2) Availability in rural areas—The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period.
added “(3) College campuses—The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located on campuses of institutions of higher education in the State.
“(d) Standards
“(1) In general—The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs.
“(2) Deviation—The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout.
“(e) Ballot processing and scanning requirements
added “(1) In general—The State shall begin processing and scanning ballots cast during in-person early voting for tabulation at least 14 days prior to the date of the election involved.
removed
“(1) In general—The State shall begin processing and scanning ballots cast during early voting for tabulation at least 14 days prior to the date of the election involved.
“(2) Limitation—Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election.
“(f) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.”
Conforming amendment relating to issuance of voluntary guidance by Election Assistance Commission— Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is amended—
by striking “and” at the end of paragraph (3);
by striking the period at the end of paragraph (4) and inserting “; and”; and
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.”
changed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c) and section 1101(d), 1101(c), is amended—
by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308; and
by inserting after the item relating to section 305 the following new item:
Sec. 1621 Voting by mail
Requirements— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), and section 1611(a), is amended—
by redesignating sections 307 and 308 as sections 308 and 309; and
by inserting after section 306 the following new section:
“307. Promoting ability of voters to vote by mail
“(a) Uniform availability of absentee voting to all voters
“(1) In general—If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail.
“(2) Administration of voting by mail
“(A) Prohibiting identification requirement as condition of obtaining ballot—A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot.
“(B) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot—A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot.
“(C) Deadline for returning ballot—A State may impose a reasonable deadline for requesting the absentee ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official.
changed
“(3) 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 No effect on identification requirements for an absentee ballot first-time voters registering by mail mail—Nothing in all subsequent Federal elections held this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the State.requirements of paragraph (2) of such section.
removed
“(4) No effect on identification requirements for first-time voters registering by mail—Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section.
“(b) Due process requirements for States requiring signature verification
“(1) Requirement
“(A) In general—A State may not impose a signature verification requirement as a condition of accepting and counting an absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2).
“(B) Signature verification requirement described—In this subsection, a “signature verification requirement” is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters.
“(2) Due process requirements
“(A) Notice and opportunity to cure discrepancy in signatures—If an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall—
“(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that—
“(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, and
“(II) if such discrepancy is not cured prior to the expiration of the 10-day period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and
“(ii) cure such discrepancy and count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods.
“(B) Notice and opportunity to cure missing signature or other defect—If an individual submits an absentee ballot without a signature or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall—
“(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that—
“(I) the ballot did not include a signature or has some other defect, and
“(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 10-day period which begins on the date the official notifies the individual that the ballot did not include a signature or has some other defect, such ballot will not be counted; and
“(ii) count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect.
“(C) Other requirements—An election official may not make a determination that a discrepancy exists between the signature on an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless—
added “(i) at least 2 election officials make the determination;
changed
“(i) at least 2 election officials make “(ii) each official who makes the determination; determination has received training in procedures used to verify signatures; and
changed
“(ii) each official “(iii) of the officials who makes make the determination has determination, at least one is affiliated with the political party whose candidate received training the most votes in procedures used to verify signatures.the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State.
“(3) Report
changed “(A) In general—Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to Congress and the Commission a report containing the following information for the applicable Federal election cycle in the State:
“(i) The number of ballots invalidated due to a discrepancy under this subsection.
“(ii) Description of attempts to contact voters to provide notice as required by this subsection.
“(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process.
“(B) Federal election cycle defined—For purposes of this subsection, the term Federal election cycle means the period beginning on January 1 of any odd numbered year and ending on December 31 of the following year.
“(4) Rule of construction—Nothing in this subsection shall be construed—
“(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or
“(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection.
changed
“(c) Methods and timing for transmission Transmission of ballots applications, ballots, and balloting materials to voters
changed
“(1) Methods for requesting ballotAutomatic transmission of absentee ballot applications by mail
changed
“(A) In general—In addition to such other methods as Transmission of applications—Not later than 60 days before the date of an election for Federal office, the appropriate State may establish or local election official shall transmit by mail an application for an absentee ballot for the election to each individual who is registered to request an absentee ballot, vote in the election, or, in the case of any State shall permit an individual—that does not register voters, all individuals who are in the State’s central voter file (or if the State does not keep a central voter file, all individuals who are eligible to vote in such election).
changed
“(i) “(B) Exception for individuals already receiving applications automatically—Subparagraph (A) does not apply with respect to submit an individual to whom the State is already required to transmit an application for an absentee ballot for the election because the individual exercised the option described in subparagraph (D) of paragraph (2) to treat an application for an absentee ballot in a request previous election for Federal office in the State as an application for an absentee ballot online; andin all subsequent elections for Federal office in the State.
changed
“(ii) “(C) Exception for States transmitting ballots without application—Subparagraph (A) does not apply with respect to submit a request for an absentee State which transmits a ballot through in an election for Federal office in the use State to a voter prior to the date of an automated telephone-based system, subject the election without regard to whether or not the same terms and conditions applicable under this paragraph voter submitted an application for the ballot to the services made available online.State.
changed
“(B) Treatment “(D) Rule of websites—The State shall construction—Nothing in this paragraph may be considered construed to meet the requirements of subparagraph (A)(i) if the website of prohibit an individual from submitting to the appropriate State or local election official allows an application for an absentee ballot request application to be completed and submitted online and if the website permits in an election for Federal office, including through the individual—methods described in paragraph (2).
added “(2) Other methods for applying for absentee ballot
added “(A) In general—In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, the State shall permit an individual—
added “(i) to submit an application for an absentee ballot online; and
added “(ii) to submit an application for an absentee ballot through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this paragraph to the services made available online.
added “(B) Treatment of websites—The State shall be considered to meet the requirements of subparagraph (A)(i) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual—
“(i) to print the application so that the individual may complete the application and return it to the official; or
“(ii) request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official.
added “(C) Ensuring delivery prior to election—If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual’s application is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after such required period.
added “(D) Application for all future elections—At the option of an individual, a State shall treat the individual’s application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State.
added “(3) Same-day processing—The United States Postal Service shall ensure, to the maximum extent practicable, that ballots are processed and cleared from any postal facility or post office on the same day the ballots are received at such a facility or post office.
removed
“(2) Ensuring delivery prior to election—If an individual requests to vote by absentee ballot in an election for Federal office, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual’s request is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of ballot requests submitted or received after such required period.
“(d) Accessibility for individuals with disabilities—The State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters.
“(e) Uniform deadline for acceptance of mailed ballots
“(1) In General—A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if—
added “(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
removed
“(A) the ballot is postmarked, signed, or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and
“(B) the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election.
“(2) Rule of construction—Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election.
“(f) Alternative methods of returning ballots
“(1) In general—In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including—
“(A) permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and
“(B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official.
“(2) Permitting voters to designate other person to return ballot—The State—
“(A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and
“(B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office.
“(g) Ballot processing and scanning requirements
“(1) In general—The State shall begin processing and scanning ballots cast by mail for tabulation at least 14 days prior to the date of the election involved.
“(2) Limitation—Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election.
added “(h) Prohibiting certain restrictions on access to voting materials
added “(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.
added “(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.
added “(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.
added “(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.).
added “(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.”
removed
“(h) 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.
removed
“(i) 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.).
removed
“(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.”
changed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(d), 1101(c), and section 1611(c), is amended—
by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309; and
by inserting after the item relating to section 306 the following new item:
Development of alternative verification methods—
Development of standards— The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by absentee ballot in elections for Federal office.
Public notice and comment— The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1).
changed
Deadline— Not later than one 1 year after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1).
Sec. 1622 Absentee ballot tracking program
Requirements— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), and section 1621(a), is amended—
by redesignating sections 308 and 309 as sections 309 and 310; and
by inserting after section 307 the following new section:
“308. Absentee ballot tracking program
“(a) Requirement—Each State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official’s office.
changed
“(b) Information on whether vote was counted—The accepted—The information referred to under subsection (a) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, accepted, and, in the case of a vote which was not counted, rejected, the reasons therefor.
“(c) Use of Toll-Free Telephone Number by Officials Without Internet Site—A program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsection (a) if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such subsection.
“(d) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.”
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:
“7 Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots
“297. Payments to States
“(a) Payments For Costs of Program—In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 308 (including costs incurred prior to the date of the enactment of this part).
“(b) Certification of Compliance and Costs
“(1) Certification required—In order to receive a payment under this section, a State shall submit to the Commission a statement containing—
“(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and
“(B) a statement of the costs incurred by the State in establishing the program.
“(2) Amount of payment—The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of—
“(A) the number of jurisdictions in the State which are responsible for operating the program; and
“(B) $3,000.
“(3) Limit on number of payments received—A State may not receive more than one payment under this part.
“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.”
changed
Clerical amendments— The table of contents of such Act, as amended by section 1031(c), section 1101(d), 1101(c), section 1611(c), and section 1621(b), is amended—
by adding at the end of the items relating to subtitle D of title II the following:
by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310; and
by inserting after the item relating to section 307 the following new item:
Sec. 1623 Voting materials postage
Prepayment of postage on return envelopes—
In general— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), and section 1622(a), is amended—
by redesignating sections 309 and 310 as sections 310 and 311; and
by inserting after section 308 the following new section:
“309. Prepayment of postage on return envelopes for voting materials
“(a) Provision of return envelopes—The appropriate State or local election official shall provide a self-sealing return envelope with—
“(1) any voter registration application form transmitted to a registrant by mail;
“(2) any application for an absentee ballot transmitted to an applicant by mail; and
“(3) any blank absentee ballot transmitted to a voter by mail.
“(b) Prepayment of postage—Consistent with regulations of the United States Postal Service, the State or the unit of local government responsible for the administration of the election involved shall prepay the postage on any envelope provided under subsection (a).
“(c) No effect on ballots or balloting materials transmitted to absent military and overseas voters—Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
“(d) Effective date—This section shall take effect on the date that is 90 days after the date of the enactment of this section, except that—
“(1) State and local jurisdictions shall make arrangements with the United States Postal Service to pay for all postage costs that such jurisdictions would be required to pay under this section if this section took effect on the date of enactment; and
“(2) States shall take all reasonable efforts to provide self-sealing return envelopes as provided in this section.”
changed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(d), 1101(c), section 1611(c), and section 1621(b), is amended—
by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311; and
by inserting after the item relating to section 308 the following new item:
Role of United States Postal Service—
In general— Chapter 34 of title 39, United States Code, is amended by adding after section 3406 the following:
changed
“3407. Voting materialsmaterials; restrictions on operational changes prior to elections
“(a) Any voter registration application, absentee ballot application, or absentee ballot with respect to any election for Federal office shall be carried in accordance with the service standards established for first-class mail, regardless of the class of postage prepaid.
changed
“(b) As used in this section—In the case of any election mail carried by the Postal Service that consists of a ballot, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise—
added “(1) the fact that the ballot was carried by the Postal Service; and
added “(2) the date on which the ballot was mailed.
added “(c) During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of voting materials with respect to the election, including voter registration applications, absentee ballot applications, and absentee ballots. This paragraph applies to operational changes which include removing or eliminating any mail collection box without immediately replacing it, and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance.
added “(d) The Postal Service shall appoint an Election Mail Coordinator in every Postal Area and District to facilitate relevant information sharing with State, territorial, local, and tribal election officials in regards to the mailing of voter registration applications, absentee ballot applications, and absentee ballots.
added “(e) As used in this section—
“(1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and
“(2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.
added “(f) Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).”
added
Mail-in ballots and Postal Service barcode service—
added
In general— Section 3001 of title 39, United States Code, is amended by adding at the end the following:
added “(p) Any ballot sent within the United States for an election for Federal office is nonmailable and shall not be carried or delivered by mail unless the ballot is mailed in an envelope that—
added “(1) contains a Postal Service barcode (or successive service or marking) that enables tracking of each individual ballot;
added “(2) satisfies requirements for ballot envelope design that the Postal Service may promulgate by regulation;
added “(3) satisfies requirements for machineable letters that the Postal Service may promulgate by regulation; and
added “(4) includes the Official Election Mail Logo (or any successor label that the Postal Service may establish for ballots).”
added
Application— The amendment made by subsection (a) shall apply to any election for Federal office occurring after the date of enactment of this Act.
removed
“(c) Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).”
renumbered
was (3)(3)
Clerical amendment— The table of sections for chapter 34 of such title is amended by inserting after the item relating to section 3406 the following:
Sec. 1624 Study and report on vote-by-mail procedures
added
added
Study— The Election Assistance Commission shall conduct a study on the 2020 elections and compile a list of recommendations to—
added
help States transitioning to vote-by-mail procedures; and
added
improve their current vote-by-mail systems.
added
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. 1706 Requiring transmission of blank absentee ballots under UOCAVA to certain voters
In general— The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after section 103B the following new section:
“103C. Transmission of blank absentee ballots to certain other voters
“(a) In general
“(1) State responsibilities—Subject to the provisions of this section, each State shall transmit blank absentee ballots electronically to qualified individuals who request such ballots in the same manner and under the same terms and conditions under which the State transmits such ballots electronically to absent uniformed services voters and overseas voters under the provisions of section 102(f), except that no such marked ballots shall be returned electronically.
“(2) Requirements—Any blank absentee ballot transmitted to a qualified individual under this section—
“(A) must comply with the language requirements under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503); and
“(B) must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
“(3) Affirmation—The State may not transmit a ballot to a qualified individual under this section unless the individual provides the State with a signed affirmation in electronic form that—
“(A) the individual is a qualified individual (as defined in subsection (b));
“(B) the individual has not and will not cast another ballot with respect to the election; and
“(C) acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury.
“(4) Clarification regarding free postage—An absentee ballot obtained by a qualified individual under this section shall be considered balloting materials as defined in section 107 for purposes of section 3406 of title 39, United States Code.
“(5) Prohibiting refusal to accept ballot for failure to meet certain requirements—A State shall not refuse to accept and process any otherwise valid blank absentee ballot which was transmitted to a qualified individual under this section and used by the individual to vote in the election solely on the basis of the following:
“(A) Notarization or witness signature requirements.
“(B) Restrictions on paper type, including weight and size.
“(C) Restrictions on envelope type, including weight and size.
“(b) Qualified individual
“(1) In general—In this section, except as provided in paragraph (2), the term qualified individual means any individual who is otherwise qualified to vote in an election for Federal office and who meets any of the following requirements:
“(A) The individual—
“(i) has previously requested an absentee ballot from the State or jurisdiction in which such individual is registered to vote; and
“(ii) has not received such absentee ballot at least 2 days before the date of the election.
“(B) The individual—
“(i) resides in an area of a State with respect to which an emergency or public health emergency has been declared by the chief executive of the State or of the area involved within 5 days of the date of the election under the laws of the State due to reasons including a natural disaster, including severe weather, or an infectious disease; and
“(ii) has not previously requested an absentee ballot.
“(C) The individual expects to be absent from such individual’s jurisdiction on the date of the election due to professional or volunteer service in response to a natural disaster or emergency as described in subparagraph (B).
“(D) The individual is hospitalized or expects to be hospitalized on the date of the election.
“(E) The individual is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and resides in a State which does not offer voters the ability to use secure and accessible remote ballot marking. For purposes of this subparagraph, a State shall permit an individual to self-certify that the individual is an individual with a disability.
“(2) Exclusion of absent uniformed services and overseas voters—The term qualified individual shall not include an absent uniformed services voter or an overseas voter.
“(c) State—For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
changed
“(d) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 2022 and each succeeding election for Federal office.”
Conforming amendment— Section 102(a) of such Act (52 U.S.C. 20302(a)) is amended—
by striking “and” at the end of paragraph (10);
by striking the period at the end of paragraph (11) and inserting “; and”; and
by adding at the end the following new paragraph:
“(12) meet the requirements of section 103C with respect to the provision of blank absentee ballots for the use of qualified individuals described in such section.”
Clerical amendments— The table of contents of such Act is amended by inserting the following after section 103:
Sec. 1707 Department of Justice report on voter disenfranchisement
changed
Except as provided in section 1702(b) and section 1704(b), the amendments made by Not later than 1 year of enactment of this subtitle Act, the Attorney General shall apply with respect submit to elections occurring Congress a report on or after January 1, 2022.the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in federal elections.
Sec. 1708 Effective date
addedadded 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.
Sec. 1801 Grants to States for poll worker recruitment and training
Grants by Election Assistance Commission—
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.
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.
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.
Requirements for Eligibility—
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.
Contents of Application— Each application submitted under paragraph (1) shall—
describe the activities for which assistance under this section is sought;
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;
changed
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; andsection;
added
provide assurances that the State will dedicate poll worker recruitment efforts with respect to youth and minors, including by recruiting at institutions of higher education and secondary education; and
renumbered
was (3)(3)(6)
provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.
Amount of Grant—
In general— The amount of a grant made to a State under this section shall be equal to the product of—
the aggregate amount made available for grants to States under this section; and
the voting age population percentage for the State.
Voting age population percentage defined— In paragraph (1), the “voting age population percentage” for a State is the quotient of—
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
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).
Reports to Congress—
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.
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.
Funding—
Continuing availability of amount appropriated— Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended.
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. 1901 Treatment of institutions of higher education
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—
in paragraph (2)—
by striking “and” at the end of subparagraph (A);
by striking the period at the end of subparagraph (B) and inserting “; and”; and
by adding at the end the following new subparagraph:
“(C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094), other than an institution which is treated as a contributing agency under the Automatic Voter Registration Act of 2021.”
in paragraph (6)(A), by inserting “or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, including enrollment in a program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)),” after “assistance,”.
Responsibilities of institutions under Higher Education Act of 1965—
In general— Section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows:
“(23)
“(A)
“(i) The institution will ensure that an appropriate staff person or office is designated publicly as a “Campus Vote Coordinator” and will ensure that such person’s or office’s contact information is included on the institution’s website.
changed
“(ii) Not fewer than twice during each calendar year (beginning with 2020), 2021), the Campus Vote Coordinator shall transmit electronically to each student enrolled in the institution (including students enrolled in distance education programs) a message containing the following information:
“(I) Information on the location of polling places in the jurisdiction in which the institution is located, together with information on available methods of transportation to and from such polling places.
“(II) A referral to a government-affiliated website or online platform which provides centralized voter registration information for all States, including access to applicable voter registration forms and information to assist individuals who are not registered to vote in registering to vote.
“(III) Any additional voter registration and voting information the Coordinator considers appropriate, in consultation with the appropriate State election official.
changed
“(iii) In addition to transmitting the message described in clause (ii) not fewer than twice during each calendar year, the Campus Vote Coordinator shall transmit the message under such clause clause, and shall include on the institution's website and boost awareness on the institution's social media platforms, not fewer than 30 days prior to the deadline for registering to vote for any election for Federal, State, or local office in the State.
“(B) If the institution in its normal course of operations requests each student registering for enrollment in a course of study, including students registering for enrollment in a program of distance education, to affirm whether or not the student is a United States citizen, the institution will comply with the applicable requirements for a contributing agency under the Automatic Voter Registration Act of 2021.
“(C) If the institution is not described in subparagraph (B), the institution will comply with the requirements for a voter registration agency in the State in which it is located in accordance with section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506).
“(D) This paragraph applies only with respect to an institution which is located in a State to which section 4(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)) does not apply.”
Effective date— The amendments made by this subsection shall apply with respect to elections held on or after January 1, 2022.
Grants to institutions demonstrating excellence in student voter registration—
Grants authorized— The Secretary of Education may award competitive grants to public and private nonprofit institutions of higher education that are subject to the requirements of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a), and that the Secretary determines have demonstrated excellence in registering students to vote in elections for public office beyond meeting the minimum requirements of such section.
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:
Sponsoring large on-campus voter mobilization efforts.
changed
Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts.efforts, including initiatives to facilitate the enfranchisement of groups of individuals that have historically faced barriers to voting.
Creating a website for students with centralized information about voter registration and election dates.
Inviting candidates to speak on campus.
Offering rides to students to the polls to increase voter education, registration, and mobilization.
changed
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.subsection. Of the funds appropriated, the Secretary shall ensure that 25 percent is reserved for Minority Institutions described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
changed
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 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
Requirements— Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection:
“(f) Minimum notification requirements for voters affected by polling place changes
“(1) In general—If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote—
“(A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election or the first day of an early voting period (whichever occurs first); or
“(B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election.
changed
“(2) Methods of notification—The State shall notify an individual under subparagraph (A) of paragraph (1) by mail, telephone, and (if available) text message and electronic mail.mail, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction.
changed
“(3) Placement of signs at closed polling places—If a location which served as a polling place in an election for Federal office does not serve as a polling place in the next election for Federal office held in the jurisdiction involved, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information:information, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction:
“(A) A statement that the location is not serving as a polling place in the election.
“(B) The locations serving as polling places in the election in the jurisdiction involved.
“(C) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election.
changed
“(4) Effective date—This subsection shall apply with respect to elections held on or after January 1, 2020.”2021.”
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. 1906 Ensuring equitable and efficient operation of polling places
In general— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), and section 1623(a), is amended—
by redesignating sections 310 and 311 as sections 311 and 312; and
by inserting after section 309 the following new section:
“310. Ensuring equitable and efficient operation of polling places
“(a) Preventing unreasonable waiting times for voters
“(1) In general—Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure—
“(A) a fair and equitable waiting time for all voters in the State; and
“(B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place.
“(2) Criteria—In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors:
“(A) The voting age population.
“(B) Voter turnout in past elections.
“(C) The number of voters registered.
“(D) The number of voters who have registered since the most recent Federal election.
“(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens.
“(F) The needs and numbers of voters with disabilities and voters with limited English proficiency.
“(G) The type of voting systems used.
“(H) The length and complexity of initiatives, referenda, and other questions on the ballot.
“(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate.
“(3) Rule of construction—Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place.
“(4) Guidelines—Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection.
“(5) Effective date—This subsection shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection, without regard to whether or not the Commission has established and published guidelines under paragraph (4).
“(b) Limiting variations on number of hours of operation of polling places within a State
“(1) Limitation
“(A) In general—Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date.
“(B) Permitting variance on basis of population—Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located.
“(2) Exceptions for polling places with hours established by units of local government—Paragraph (1) does not apply in the case of a polling place—
“(A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or
changed
“(B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established.”established.
added “(c) Minimum hours of operation outside of typical working hours—Each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that no polling place is open for less than a total of 4 hours outside of the hours between 9:00 a.m. and 5:00 p.m. in time zone in which the polling place is located.”
added
Study of methods To enforce fair and equitable waiting times—
added
Study— The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 310(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular.
added
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).
added
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), and section 1623(a), is amended—
removed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(d), section 1611(c), section 1621(c), section 1622(c), and section 1623(a), is amended—
renumbered
was (3)(3)
by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312; and
renumbered
was (3)(4)
by inserting after the item relating to section 309 the following new item:
Sec. 1907 Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office
Requirement— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), and section 1906(a), is amended—
by redesignating sections 311 and 312 as sections 312 and 313; and
by inserting after section 310 the following new section:
“311. Use of secured drop boxes for voted absentee ballots
“(a) Requiring use of drop boxes—In each county in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office.
“(b) Minimum period for availability of drop boxes—The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the county involved.
“(c) Accessibility
“(1) In general—Each State shall ensure that the drop boxes provided under this section are accessible for use—
changed
“(A) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of the State; andState;
changed
“(B) by individuals with limited proficiency in the English language.language; and
added “(C) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act of 1987 (42 U.S.C. 11302)) of the State.
“(2) Determination of accessibility for individuals with disabilities—For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes.
“(3) Rule of construction—If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language.
“(d) Number of drop boxes
“(1) Formula for determination of number—The number of drop boxes provided under this section in a county with respect to an election shall be determined as follows:
“(A) In the case of a county in which the number of individuals who are residents of the county and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number).
“(B) In the case of any other county, the number of drop boxes shall be equal to or greater than one.
added “(C) The State shall ensure that the number of drop boxes provided is sufficient to provide a reasonable opportunity for voters to submit their voted ballots in a timely manner.
“(2) Timing—For purposes of this subsection, the number of individuals who reside in a county and who are registered to vote in the election shall be determined as of the 90th day before the date of the election.
“(e) Location of drop boxes—The State shall determine the location of drop boxes provided under this section in a county on the basis of criteria which ensure that the drop boxes are—
“(1) available to all voters on a non-discriminatory basis;
“(2) accessible to voters with disabilities (in accordance with subsection (c));
“(3) accessible by public transportation to the greatest extent possible;
added “(4) available during all hours of the day;
added “(5) sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)); and
added “(6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner.
removed
“(4) available during all hours of the day; and
removed
“(5) sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)).
“(f) Rules for drop boxes on Tribal lands—In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a county, the appropriate State and local election officials shall—
“(1) consult with Tribal leaders prior to making the determination; and
“(2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation.
“(g) Timing of scanning and processing of ballots—For purposes of section 306(e) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as any other vote cast during early voting.
“(h) Posting of information—On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election.
added “(i) Remote surveillance permitted—The State may provide for the security of drop boxes through remote or electronic surveillance.
added “(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.”
removed
“(i) 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.”
changed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(d), 1101(c), section 1611(c), section 1621(c), 1621(b), section 1622(c), section 1623(a), and section 1906(b), 1906(c), is amended—
by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313; and
by inserting after the item relating to section 310 the following new item:
Sec. 1908 Prohibiting States from restricting curbside voting
Requirement— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), and section 1907(a), is amended—
by redesignating sections 312 and 313 as sections 313 and 314; and
by inserting after section 311 the following new section:
“312. Prohibiting States from restricting curbside voting
“(a) Prohibition—A State may not—
“(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or
“(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting.
“(b) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.”
changed
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(d), 1101(c), section 1611(c), section 1621(c), 1621(b), section 1622(c), section 1623(a), section 1906(b), 1906(c), and section 1907(b), is amended—
by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314; and
by inserting after the item relating to section 311 the following new item:
Sec. 1909 Election Day as legal public holiday
added
added
In general— Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day the following:
added “Election Day, the Tuesday next after the first Monday in November of every even-numbered year.”
added
Effective date— The amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 or any succeeding year.
Sec. 1910 GAO study on voter turnout rates
addedadded The Comptroller General of the United States shall conduct a study on voter turnout rates delineated by age in States and localities that permit voters to participate in elections before reaching the age of 18, with a focus on localities that permit voting upon reaching the age of 16.
Sec. 1910A Study on ranked-choice voting
added
added
Study— The Comptroller General shall conduct a study on the implementation and impact of ranked-choice voting in States and localities with a focus on how to best implement a model for Federal elections nationwide. The study shall include the impact on voter turnout, negative campaigning, and who decides to run for office.
added
Report— Not later than 1 year after the date of enactment of this section, the Comptroller General shall transmit to Congress a report on the study conducted under subsection (a), including any recommendations on how to best implement a ranked-choice voting for Federal elections nationwide.
Sec. 1931 Application of Federal election administration laws to territories of the United States
changed
National Voter Registration Act of 1993— Section 3(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking “States and the District of Columbia” and inserting “States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands”.
Help America Vote Act of 2002—
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”.
Conforming amendments to Help America Vote Act of 2002— Such Act is further amended as follows:
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”.
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”.
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. 1933 Authorizing payments to voting accessibility protection and advocacy systems serving the American Indian Consortium
changed
In general—Recipients defined— Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any Section 291 of the following laws, or to supersede, restrict, or limit the application Help America Vote Act of such laws:2002 (52 U.S.C. 21061) is amended—
changed
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).by redesignating subsection (c) as subsection (d); and
changed
The Voting Accessibility for by inserting after subsection (b) the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.).following new subsection:
added “(c) American Indian Consortium eligibility—A system serving the American Indian Consortium for which funds have been reserved under section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)) shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State.”
removed
The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
removed
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).
removed
The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
removed
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
changed
No effect on preclearance or other requirements under Voting Rights Act—Grant minimums for American Indian Consortium— 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 Section 291(b) of the Voting Rights such Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act.21061(b)) is amended—
added
by inserting “(c)(1)(B),” after “as set forth in subsections”; and
added
by striking “subsections (c)(3)(B) and (c)(4)(B) of that section shall be not less than $70,000 and $35,000, respectively” and inserting “subsection (c)(3)(B) shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) shall not be less than $35,000”.
changed
No effect on authority of States To provide greater opportunities for voting—Effective date— Nothing in this title or the 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 section shall take effect at the amendments made by start of the first fiscal year following the date of enactment of this title.Act.
Sec. 1934 Application of Federal voter protection laws to territories of the United States
added
added
Intimidation of voters— Section 594 of title 18, United States Code, is amended by striking ‘‘Delegate from the District of Columbia, or Resident Commissioner,’’ and inserting ‘‘or Delegate or Resident Commissioner to the Congress’’.
added
Interference by government employees— Section 595 of title 18, United States Code, is amended by striking ‘‘Delegate from the District of Columbia, or Resident Commissioner,’’ and inserting ‘‘or Delegate or Resident Commissioner to the Congress’’.
added
Voting by noncitizens— Section 611(a) of title 18, United States Code, is amended by striking ‘‘Delegate from the District of Columbia, or Resident Commissioner,’’ and inserting ‘‘or Delegate or Resident Commissioner to the Congress’’.
Sec. 1935 Placement of statues of citizens of territories of the United States in Statuary Hall
added
added
In general— Section 1814 of the Revised Statutes of the United States (2 U.S.C. 2131) is amended by adding at the end the following new sentence: “For purposes of this section, the term State includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, and the term citizen includes a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).”.
added
Conforming amendment relating to procedures for replacement of statues— Section 311 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132) is amended by adding at the end the following new subsection:
added “(f) For purposes of this section, the term State includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.”
Sec. 1936 No effect on other laws
added
added
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:
added
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
added
The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.).
added
The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
added
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).
added
The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
added
The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
added
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.
added
No effect on authority of States To provide greater opportunities for voting— Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title.
Sec. 1937 Clarification of Exemption for States Without Voter Registration
addedadded To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.
Sec. 1941 Short title
changed
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 This part may be unconstitutional, the remainder of this title and amendments made by this title, and cited as the application “Voter Notification of the provisions and amendment to any person Timely Information about Changes in Elections Act” or circumstance, shall not be affected by the holding.“Voter Notice Act”.
Sec. 1942 Public education campaigns in event of changes in elections in response to emergencies
added
added
Requirement for election officials to conduct campaigns— Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a) and section 1901(a), is amended—
added
by redesignating subsection (g) as subsection (h); and
added
by inserting after subsection (f) the following new subsection:
added “(g) Public education campaigns in event of changes in elections in response to emergencies
added “(1) Requirement—If the administration of an election for Federal office, including the methods of voting or registering to vote in the election, is changed in response to an emergency affecting public health and safety, the appropriate State or local election official shall conduct a public education campaign through at least one direct mailing to each individual who is registered to vote in the election, and through additional direct mailings, newspaper advertisements, broadcasting (including through television, radio, satellite, and the Internet), and social media, to notify individuals who are eligible to vote or to register to vote in the election of the changes.
added “(2) Frequency and methods of providing information—The election official shall carry out the public education campaign under this subsection at such frequency, and using such methods, as will have the greatest likelihood of providing timely knowledge of the change in the administration of the election to those individuals who will be most adversely affected by the change.
added “(3) Language accessibility—In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), the appropriate election official shall ensure that the information disseminated under a public education campaign conducted under this subsection is provided in the language of the applicable minority group as well as in the English language, as required by section 203 of such Act.
added “(4) Effective date—This subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.”
added
Conforming amendment relating to effective date— Section 302(h) of such Act (52 U.S.C. 21082(h)), as redesignated by subsection (a) and as amended by section 1601(b) and section 1901(b), is amended by striking “and (f)(4)” and inserting “(f)(4), and (g)(4)”.
Sec. 1943 Requirements for websites of election officials
added
added
Requirements— Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), section 1907(a), and 1908(a), is amended—
added
by redesignating sections 313 and 314 as sections 314 and 315; and
added
by inserting after section 312 the following new section:
added “313. Requirements for websites of election officials
added “(a) Accessibility—Each State and local election official shall ensure that the official public website of the official is fully accessible for individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation as the website provides for other individuals.
added “(b) Continuing operation in case of emergencies
added “(1) Establishment of best practices
added “(A) In general—The Director of the National Institute of Standards and Technology shall establish and regularly update best practices for ensuring the continuing operation of the official public websites of State and local election officials during emergencies affecting public health and safety.
added “(B) Deadline—The Director shall first establish the best practices required under this paragraph as soon as practicable after the date of the enactment of this section, but in no case later than August 15, 2021.
added “(2) Requiring websites to meet best practices—Each State and local election official shall ensure that the official public website of the official is in compliance with the best practices established by the Director of the National Institute of Standards and Technology under paragraph (2).
added “(c) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.”
added
Conforming amendment relating to adoption of voluntary guidance by Election Assistance Commission— Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b) and section 1611(b), is amended—
added
by striking “and” at the end of paragraph (4);
added
by striking the period at the end of paragraph (5) and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(6) in the case of the recommendations with respect to section 304, as soon as practicable after the date of the enactment of this paragraph, but in no case later than August 15, 2021.”
added
Clerical amendment— The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), section 1906(c), section 1907(b), and section 1908(b), is amended—
added
by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and
added
by inserting after the item relating to section 312 the following new item:
Sec. 1944 Payments by Election Assistance Commission to States for costs of compliance
added
added
Availability of payments— Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section:
added “907. Payments for costs of compliance with certain requirements relating to public notification
added “(a) Payments
added “(1) Availability and use of payments—The Commission shall make a payment to each eligible State to cover the costs the State incurs or expects to incur in meeting the requirements of section 302(g) (relating to public education campaigns in event of changes in elections in response to emergencies) and section 313 (relating to requirements for the websites of election officials).
added “(2) Schedule of payments—As soon as practicable after the date of the enactment of this section, and not less frequently than once each calendar year thereafter, the Commission shall make payments under this section.
added “(3) Administration of payments—The chief State election official of the State shall receive the payment made to a State under this section, and may use the payment for the purposes set forth in this section without intervening action by the legislature of the State.
added “(b) Amount of payment
added “(1) In general—The amount of a payment made to an eligible State for a year under this section shall be determined by the Commission on the basis of the information provided by the State in its application under subsection (c).
added “(2) Continuing availability of funds after appropriation—A payment made to an eligible State under this section shall be available without fiscal year limitation.
added “(c) Requirements for eligibility
added “(1) Application—Each State that desires to receive a payment under this section for a fiscal year shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require.
added “(2) Contents of application—Each application submitted under paragraph (1) shall—
added “(A) describe the activities for which assistance under this section is sought; and
added “(B) provide an estimate of the costs the State has incurred or expects to incur in carrying out the provisions described in subsection (a), together with such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section.
added “(d) Authorization of appropriations—There are authorized to be appropriated for payments under this section such sums as may be necessary for each of the fiscal years 2022 through 2025.
added “(e) Reports
added “(1) Reports by recipients—Not later than the 6 months after the end of each fiscal year for which an eligible State received a payment under this section, the State shall submit a report to the Commission on the activities conducted with the funds provided during the year.
added “(2) Reports by Commission to committees—With respect to each fiscal year for which the Commission makes payments under this section, the Commission shall submit a report on the activities carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.”
added
Clerical amendment— The table of contents of such Act is amended by adding at the end of the items relating to title IX the following:
Sec. 1951 Severability
addedadded 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.
Sec. 2001 Findings reaffirming commitment of Congress to restore the Voting Rights Act
added
Findings— Congress finds the following:
added
The right to vote for all Americans is a fundamental right guaranteed by the United States Constitution.
added
Federal, State, and local governments should protect the right to vote and promote voter participation across all demographics.
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
As of late-February 2021, 43 States had introduced, prefiled, or carried over 253 bills to restrict voting access that, primarily, limit mail voting access, impose stricter voter ID requirements, slash voter registration opportunities, and/or enable more aggressive voter roll purges.
removed
Congress finds the following:
changed
Purposes— The right to vote for all Americans is sacrosanct and rules for voting and election administration should protect the right to vote and promote voter participation.purposes of this Act are as follows:
added
To improve access to the ballot for all citizens.
added
To establish procedures by which States and localities, in accordance with past actions, submit voting practice changes for preclearance by the Federal Government.
added
To enhance the integrity and security of our voting systems.
added
To ensure greater accountability for the administration of elections by States and localities.
added
To restore protections for voters against practices in States and localities plagued by the persistence of voter disenfranchisement.
added
To ensure that Federal civil rights laws protect the rights of voters against discriminatory and deceptive practices.
removed
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 and ongoing records of racial discrimination.
removed
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 erect barriers to voting for communities of color which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low-income Americans.
removed
The Supreme Court’s 2013 Shelby County v. Holder decision gutted decades-long Federal protections for communities of color that face historic and continuing discrimination, emboldening States and local jurisdictions to pass voter suppression laws and implement procedures, such as those requiring photo identification, limiting early voting hours, eliminating same-day registration, purging voters from the rolls, and reducing the number of polling places. Congress is committed to reversing the devastating impact of this decision.
removed
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, underscore 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 communities of color.
removed
The 2018 midterm and 2020 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 democracy reform cannot be achieved until Congress restores key provisions of the Voting Rights Act.
removed
Congress must remain vigilant in protecting every eligible citizen’s right to vote. Congress should respond by modernizing the electoral system to—
removed
improve access to the ballot;
removed
enhance the integrity and security of our voting systems;
removed
ensure greater accountability for the administration of elections;
removed
restore protections for voters against practices in States and localities plagued by the persistence of voter disenfranchisement; and
removed
ensure that Federal civil rights laws protect the rights of voters against discriminatory and deceptive practices.
Sec. 2401 Requiring congressional redistricting to be conducted through plan of independent State commission
Use of Plan Required— Notwithstanding any other provision of law, and except as provided in subsection (c) and subsection (d), any congressional redistricting conducted by a State shall be conducted in accordance with—
the redistricting plan developed and enacted into law by the independent redistricting commission established in the State, in accordance with part 2; or
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.
Conforming amendment— Section 22(c) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking “in the manner provided by the law thereof” and inserting: “in the manner provided by the Redistricting Reform Act of 2021”.
Special rule for existing commissions— Subsection (a) does not apply to any State in which, under law in effect continuously on and after the date of the enactment of this Act, congressional redistricting is carried out in accordance with a plan developed and approved by an independent redistricting commission which is in compliance with each of the following requirements:
Publicly available application process— Membership on the commission is open to citizens of the State through a publicly available application process.
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.
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.
Multi-partisan composition— Membership on the commission represents those who are affiliated with the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State, as well as those who are unaffiliated with any party or who are affiliated with political parties other than the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State.
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.
Public input— Public hearings are held and comments from the public are accepted before a final map is approved.
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:
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.
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.
changed
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).
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. 2403 Criteria for redistricting
added
added
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:
added
Districts shall comply with the United States Constitution, including the requirement that they equalize total population.
added
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.
added
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.
added
Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area with recognized similarities of interests, including but not limited to ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates.
added
No favoring or disfavoring of political parties—
added
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.
added
Determination of effect—
added
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.
added
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—
added
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
added
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).
added
Determination of intent— For purposes of paragraph (A), a rebuttable presumption shall exist that a redistricting plan enacted by the legislature of a State was not enacted with the intent of unduly favoring or disfavoring a political party if the plan was enacted with the support of at least a third of the members of the second largest political party in each house of the legislature.
added
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.
added
Factors prohibited from consideration— In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (a), subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 2413(d):
added
The residence of any Member of the House of Representatives or candidate.
added
The political party affiliation or voting history of the population of a district.
added
Applicability— This section applies to any authority, whether appointed, elected, judicial, or otherwise, that designs or enacts a congressional redistricting plan of a State.
added
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.
Sec. 2411 Independent redistricting commission
Appointment of members—
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:
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:
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)).
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)).
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)).
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:
The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)).
The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)).
The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)).
Rules for appointment of members appointed by first members—
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.
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.
Designation of alternates to serve in case of vacancies—
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).
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).
Appointment of alternates to serve in case of vacancies—
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).
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).
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).
Procedures for Conducting Commission Business—
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.
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 majority of the whole membership of the commission; and
at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1).
Quorum— A majority of the members of the commission shall constitute a quorum.
Staff; Contractors—
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.
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).
Reports on expenditures for political activity—
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—
any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and
any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity.
changed
Annual reports by employees and vendors— Each person who is an employee or vendor of the independent redistricting commission shall, not later than one 1 year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph (A) during the 10 most recent calendar years.
Expenditure for political activity defined— In this paragraph, the term expenditure for political activity means a disbursement for any of the following:
An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)).
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.
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.
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.
Disqualification; waiver—
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).
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).
Termination—
In general— The independent redistricting commission of a State shall terminate on the earlier of—
June 14 of the next year ending in the numeral zero; or
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).
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
Criteria for Eligibility—
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:
As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State.
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.
The individual submits to the nonpartisan agency established or designated by a State under section 2413, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances:
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.
The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year.
The political party with which the individual is affiliated, if any.
The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to—
any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes;
the individual’s employment and educational history.
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.
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).
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):
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.
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).
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.
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).
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.).
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.).
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:
The 10-year period ending on the date of the individual’s appointment.
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.
The 10-year period beginning on the day after the last day of the period described in subparagraph (B).
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.
Development and Submission of Selection Pool—
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 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.
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.
An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B).
Factors taken into account in developing pool— In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall—
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
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.
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).
Determination of political party affiliation of individuals in selection pool— For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(D), including by considering additional information provided by other persons with knowledge of the individual’s history of political activity.
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.
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).
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.
Action by Select Committee—
changed
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—shall, by majority vote—
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
reject the pool, in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection (c).
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.
Development of Replacement Selection Pool—
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.
Action by Select Committee—
changed
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—shall, by majority vote—
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
reject the pool, in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection (d).
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.
Development of Second Replacement Selection Pool—
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.
Action by Select Committee—
changed
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—shall, by majority vote—
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
reject the pool.
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.
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
changed
Development of redistricting plan—Public notice and input—
removed
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:
removed
Districts shall comply with the United States Constitution, including the requirement that they equalize total population.
removed
Districts shall comply with the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) and all applicable Federal laws.
removed
Districts shall provide racial, ethnic, and language minorities with an equal opportunity to participate in the political process and to elect candidates of choice and shall not dilute or diminish their ability to elect candidates of choice whether alone or in coalition with others.
removed
Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of subparagraphs (A) through (C). A community of interest is defined as an area with recognized similarities of interests, including but not limited to ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates.
removed
No favoring or disfavoring of political parties—
removed
Prohibition— The redistricting plan developed by the independent redistricting commission shall not, when considered on a statewide basis, unduly favor or disfavor any political party.
removed
Determination of favoring or disfavoring— For purposes of subparagraph (A), 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, but not limited to, whether the plan results in durable partisan bias as determined by scientifically accepted measures of partisan fairness, or whether there are alternative plans that would have complied with the requirements of law and resulted in less durable levels of partisan bias. Notwithstanding the previous sentence, no redistricting plan shall be found to be in violation of subparagraph (A) because of application of the criteria set forth in subparagraphs (A), (B), or (C) of paragraph (1).
removed
Factors prohibited from consideration— In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the criteria described in subparagraphs (A) through (C) of paragraph (1), paragraph (2), and to enable the redistricting plan to be measured against the external metrics described in subsection (e):
removed
The residence of any Member of the House of Representatives or candidate.
removed
The political party affiliation or voting history of the population of a district.
removed
Public notice and input—
renumbered
was (3)(2)
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.
added
Website—
added
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:
removed
Website—
removed
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:
renumbered
was (3)(3)(2)(3)
General information on the commission, its role in the redistricting process, and its members, including contact information.
renumbered
was (3)(3)(2)(4)
An updated schedule of commission hearings and activities, including deadlines for the submission of comments.
added
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).
removed
All draft redistricting plans developed by the commission under subsection (c) and the final redistricting plan developed under subsection (d), including the accompanying written evaluation under subsection (e).
renumbered
was (3)(3)(2)(6)
All comments received from the public on the commission’s activities, including any proposed maps submitted under paragraph (1).
renumbered
was (3)(3)(2)(7)
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.
renumbered
was (3)(3)(2)(8)
Access in an easily useable format to the demographic and other data used by the commission to develop and analyze the proposed redistricting plans, together with access to any software used to draw maps of proposed districts and to any reports analyzing and evaluating any such maps.
renumbered
was (3)(3)(2)(9)
A method by which members of the public may submit comments and proposed maps directly to the commission.
renumbered
was (3)(3)(2)(10)
All records of the commission, including all communications to or from members, employees, and contractors regarding the work of the commission.
renumbered
was (3)(3)(2)(11)
A list of all contractors receiving payment from the commission, together with the annual disclosures submitted by the contractors under section 2411(c)(3).
renumbered
was (3)(3)(2)(12)
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.
renumbered
was (3)(3)(3)
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.
renumbered
was (3)(3)(4)
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.
renumbered
was (3)(4)
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—
renumbered
was (3)(4)(3)
which begins on January 1 of the year ending in the numeral one; and
added
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).
removed
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 (d)(2).
renumbered
was (3)(5)
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.
renumbered
was (3)(6)
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.
added
Development and Publication of Preliminary Redistricting Plan—
added
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.
added
Minimum public hearings and opportunity for comment prior to development—
removed
Development and Publication of Preliminary Redistricting Plan—
removed
In general— Prior to developing and publishing a final redistricting plan under subsection (d), the independent redistricting commission of a State shall develop and publish a preliminary redistricting plan.
removed
Minimum public hearings and opportunity for comment prior to development—
renumbered
was (4)(3)(2)
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.
added
Minimum period for notice prior to hearings— Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing.
added
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.
added
Publication of preliminary plan—
added
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.
added
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.
added
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.
added
Post-publication hearings—
removed
Minimum period for notice prior to hearings— Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (b)(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.
removed
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 (b)(2)(A), any such map shall be made publicly available on the commission’s website and open to comment.
removed
Publication of preliminary plan—
removed
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 (b)(3), on the website maintained under subsection (b)(2), and shall provide for the publication of each such plan in newspapers of general circulation throughout the State.
removed
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 (b)(2), as well as through publication of notice in newspapers of general circulation throughout the State, of the pending publication of the plan.
removed
Minimum post-publication period for public comment— The commission shall accept and consider comments from the public (including through the website maintained under subsection (b)(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.
removed
Post-publication hearings—
renumbered
was (4)(6)(2)
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.
added
Minimum period for notice prior to hearings— Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing.
removed
Minimum period for notice prior to hearings— Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (b)(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.
renumbered
was (4)(7)
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.
added
Process for Enactment of Final Redistricting Plan—
added
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.
added
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.
added
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:
removed
Process for Enactment of Final Redistricting Plan—
removed
In general— After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (c), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State.
removed
Meeting; final vote— Not later than the deadline specified in subsection (f), 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.
removed
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 (b)(2), as well as through newspapers of general circulation throughout the State:
renumbered
was (5)(4)(3)
The final redistricting plan, including all relevant maps.
added
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).
removed
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 (c).
renumbered
was (5)(4)(5)
Any dissenting or additional views with respect to the plan of individual members of the commission.
added
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—
removed
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—
renumbered
was (5)(5)(3)
such final plan is approved by a majority of the whole membership of the commission; and
renumbered
was (5)(5)(4)
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.
added
Review by Department of Justice—
added
Requiring submission of plan for review— The final redistricting plan shall not be deemed to be enacted into law unless the State submits the plan to the Department of Justice for an administrative review to determine if the plan is in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1).
added
Termination of review— The Department of Justice shall terminate any administrative review under subparagraph (A) if, during the 45-day period which begins on the date the plan is enacted into law, an action is filed in a United States district court alleging that the plan is not in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1).
added
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.
removed
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 paragraph (1) of subsection (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.
renumbered
was (7)
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
Establishment or Designation of Nonpartisan Agency of State Legislature—
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.
Nonpartisanship described— For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency—
is required to provide services on a nonpartisan basis;
is required to maintain impartiality; and
is prohibited from advocating for the adoption or rejection of any legislative proposal.
Training of members appointed to commission— Not later than January 15 of a year ending in the numeral one, the nonpartisan agency established or designated under this subsection shall provide the members of the independent redistricting commission with initial training on their obligations as members of the commission, including obligations under the Voting Rights Act of 1965 and other applicable laws.
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.
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.
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.
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.
Deadline— The State shall meet the requirements of this subsection not later than each October 15 of a year ending in the numeral nine.
Establishment of Select Committee on Redistricting—
In general— Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under section 2412.
Appointment— The Select Committee on Redistricting for a State under this subsection shall consist of the following members:
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.
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.
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.
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.
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:
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.
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.
Deadline— The State shall meet the requirements of this subsection not later than each January 15 of a year ending in the numeral zero.
added
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. 2421 Enactment of plan developed by 3-judge court
Development of Plan— If any of the triggering events described in subsection (f) occur with respect to a State—
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
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).
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).
Procedures for Development of Plan—
changed
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 2413(a).2403.
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.
Hearing; public participation— In developing a redistricting plan for a State, the Court shall—
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
consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State.
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.
Publication of plan—
changed
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(e)).2413(d)).
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.
Use of interim plan— In the event that the Court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the Court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the Court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the Court to develop and publish the final redistricting plan, including but not limited to the discretion to make any changes the Court deems necessary to an interim redistricting plan.
Triggering Events Described— The “triggering events” described in this subsection are as follows:
The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 2414(a) prior to the expiration of the deadline set forth in section 2414(a)(5).
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).
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).
changed
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(f).2413(e).
Sec. 2432 Civil enforcement
Civil Enforcement—
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.
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.
Expedited Consideration— In any action brought forth under this section, the following rules shall apply:
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.
The action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan.
A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
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.
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.
added
Remedies—
added
Adoption of replacement plan—
added
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—
added
the Court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 2421; or
added
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.
added
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—
added
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
added
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.
added
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.
added
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.
renumbered
was (4)
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.
added
Relation to Other Laws—
removed
Relation to Other Laws—
renumbered
was (5)(2)
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.).
renumbered
was (5)(3)
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.).
renumbered
was (6)
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. 2441 Application of certain requirements for redistricting carried out pursuant to 2020 Census
addedadded 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:
added
Except as provided in subsection (c) and subsection (d) of section 2401, the redistricting shall be conducted in accordance with—
added
the redistricting plan developed and enacted into law by the independent redistricting commission established in the State in accordance with subpart B; or
added
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.
added
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.
added
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
addedadded 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:
added
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).
added
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).
added
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).
added
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).
Sec. 2451 Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census
added
added
Appointment of members—
added
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:
added
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:
added
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)).
added
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)).
added
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)).
added
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:
added
The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)).
added
The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)).
added
The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)).
added
Rules for appointment of members appointed by first members—
added
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.
added
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.
added
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).
added
Procedures for Conducting Commission Business—
added
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—
added
a majority of the whole membership of the commission; and
added
at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1).
added
Quorum— A majority of the members of the commission shall constitute a quorum.
added
Staff; Contractors—
added
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.
added
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).
added
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.
added
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
added
added
Criteria for Eligibility—
added
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:
added
As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State.
added
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.
added
The individual submits to the nonpartisan agency established or designated by a State under section 2453, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances:
added
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.
added
The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year.
added
The political party with which the individual is affiliated, if any.
added
The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to—
added
any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes;
added
the individual’s employment and educational history.
added
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.
added
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.
added
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:
added
The individual or an immediate family member of the individual holds public office or is a candidate for election for public office.
added
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).
added
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.
added
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).
added
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.).
added
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.).
added
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.
added
Development and Submission of Selection Pool—
added
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:
added
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.
added
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.
added
An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B).
added
Factors taken into account in developing pool— In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall—
added
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
added
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.
added
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.
added
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.
added
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).
added
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.
added
Action by Select Committee—
added
In general— Not later than August 1, 2021, the Select Committee on Redistricting shall—
added
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
added
reject the pool, in which case the redistricting plan for the State shall be developed and enacted in accordance with part 3.
added
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
added
added
Public notice and input—
added
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.
added
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).
added
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.
added
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.
added
Development and Publication of Preliminary Redistricting Plan—
added
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.
added
Minimum public hearings and opportunity for comment prior to development—
added
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.
added
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.
added
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.
added
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.
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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.
added
Post-publication hearings—
added
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.
added
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.
added
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.
added
Process for Enactment of Final Redistricting Plan—
added
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.
added
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.
added
Publication of plan and accompanying materials— Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall make the following information to the public, including through newspapers of general circulation throughout the State:
added
The final redistricting plan, including all relevant maps.
added
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).
added
Any dissenting or additional views with respect to the plan of individual members of the commission.
added
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—
added
such final plan is approved by a majority of the whole membership of the commission; and
added
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.
added
Written evaluation of plan against external metrics— The independent redistricting commission of a State under this part shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest.
added
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
added
added
Establishment or Designation of Nonpartisan Agency of State Legislature—
added
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.
added
Nonpartisanship described— For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency—
added
is required to provide services on a nonpartisan basis;
added
is required to maintain impartiality; and
added
is prohibited from advocating for the adoption or rejection of any legislative proposal.
added
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.
added
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.
added
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.
added
Deadline— The State shall meet the requirements of this subsection not later than June 1, 2021.
added
Establishment of Select Committee on Redistricting—
added
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.
added
Appointment— The Select Committee on Redistricting for a State under this subsection shall consist of the following members:
added
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.
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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.
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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.
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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.
added
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:
added
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.
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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.
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Deadline— The State shall meet the requirements of this subsection not later than June 15, 2021.
added
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
addedadded 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).
Sec. 2701 Residence of incarcerated individuals
changed
Section 141 of title 13, United States Code, is amendedamended—
by redesignating subsection (g) as subsection (h); and
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).”
Sec. 2801 Findings relating to youth voting
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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 Congress finds the holding.following:
added
The right to vote is a fundamental right of citizens of the United States.
added
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.”.
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The twenty-sixth amendment of the United States Constitution grants Congress the power to enforce the amendment by appropriate legislation.
added
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.
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Youth voter suppression undercuts participation in our democracy by introducing arduous obstacles to new voters and discouraging a culture of democratic engagement.
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Voting is habit forming, and allowing youth voters unobstructed access to voting ensures that more Americans will start a life-long habit of voting as soon as possible.
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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.
added
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.
added
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.
added
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.
added
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.
Sec. 2901 Severability
addedadded 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.
Sec. 3001 Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements
Availability of grants— Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1622(b), is amended by adding at the end the following new part:
“8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements
“298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements
“(a) Availability and use of grant—The Commission shall make a grant to each eligible State—
“(1) to replace a voting system—
changed
“(A) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which does meet such requirements, for use in the regularly scheduled general elections for Federal office held in November 2022, 2022; or
“(B) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office held in November 2022 with another system which does meet such requirements and is in compliance with such guidelines;
“(2) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding election for Federal office; and
“(3) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots.
“(b) Amount of grant—The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State.
“(c) Pro rata reductions—If the amount of funds appropriated for grants under this part is insufficient to ensure that each State receives the amount of the grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States.
“(d) Surplus appropriations—If the amount of funds appropriated for grants authorized under section 298D(a)(2) exceed the amount necessary to meet the requirements of subsection (b), the Commission shall consider the following in making a determination to award remaining funds to a State:
“(1) The record of the State in carrying out the following with respect to the administration of elections for Federal office:
“(A) Providing voting machines that are less than 10 years old.
“(B) Implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process.
“(C) Conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used.
“(D) Maintaining offline backups of voter registration lists.
“(E) Providing a secure voter registration database that logs requests submitted to the database.
“(F) Publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process.
“(G) Providing secure processes and procedures for reporting vote tallies.
“(H) Providing a secure platform for disseminating vote totals.
“(2) Evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the State for implementing additional conditions.
“(3) Evidence of collaboration between relevant stakeholders, including local election officials, in developing the grant implementation plan described in section 298B.
“(4) The plan of the State to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant.
“(e) Ability of replacement systems To administer ranked choice elections—To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference.
“298A. Voting system security improvements described
“(a) Permitted uses—A voting system security improvement described in this section is any of the following:
“(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate.
“(2) Cyber and risk mitigation training.
“(3) A security risk and vulnerability assessment of the State’s election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider.
“(4) The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office.
“(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the State’s election infrastructure.
“(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4).
“(7) Enhancing the cybersecurity of voter registration systems.
“(b) Qualified election infrastructure vendors described
“(1) In general—For purposes of this part, a “qualified election infrastructure vendor” is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 3601 of the Election Security Act) who meets the criteria described in paragraph (2).
“(2) Criteria—The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements:
“(A) The vendor must be owned and controlled by a citizen or permanent resident of the United States.
“(B) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure.
“(C) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, the identification of any entity or individual with a more than five percent ownership interest in the vendor.
“(D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.
“(E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.
“(F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Technical Guidelines Development Committee.
“(G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Technical Guidelines Development Committee.
changed
“(H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Technical Guidelines Development CommitteeCommittee.
“(I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part.
“(J) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under this part.
“(3) Cybersecurity incident reporting requirements
“(A) In general—A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part—
“(i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred);
“(ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and
“(iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii).
“(B) Contents of notifications—Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification:
“(i) The date, time, and time zone when the election cybersecurity incident began, if known.
“(ii) The date, time, and time zone when the election cybersecurity incident was detected.
“(iii) The date, time, and duration of the election cybersecurity incident.
“(iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any.
“(v) Any planned and implemented technical measures to respond to and recover from the incident.
“(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available.
“298B. Eligibility of States
“A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—
“(1) a description of how the State will use the grant to carry out the activities authorized under this part;
“(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk-limiting audits and will carry out voting system security improvements, as described in section 298A; and
“(3) such other information and assurances as the Commission may require.
“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.
“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.”
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:
Sec. 3002 Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002
changed
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”.amended—
added
in the matter preceding paragraph (1), by striking ‘‘by’’ and inserting ‘‘and the security of election infrastructure by’’; and
added
by striking the semicolon at the end of paragraph (1) and inserting the following: “, and the development, maintenance and dissemination of cybersecurity guidelines to identify vulnerabilities that could lead to, protect against, detect, respond to and recover from cybersecurity incidents;”.
Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission— Section 214(a) of such Act (52 U.S.C. 20944(a)) is amended—
by striking “37 members” and inserting “38 members”; and
by adding at the end the following new paragraph:
“(17) The Secretary of Homeland Security or the Secretary’s designee.”
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—
by redesignating subparagraph (E) as subparagraph (F); and
by inserting after subparagraph (D) the following new subparagraph:
“(E) A representative of the Department of Homeland Security.”
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—
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”;
by striking “and” at the end of paragraph (3);
by redesignating paragraph (4) as paragraph (5); and
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”
Requirements payments—
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.”
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.”.
Composition of committee responsible for developing State plan for use of payments— Section 255 of such Act (52 U.S.C. 21005) is amended—
by redesignating subsection (b) as subsection (c); and
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.”
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.”.
added
Senior Cyber Policy Advisor— Section 204(a) of such Act (52 U.S.C. 20924(a)) is amended—
added
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and
added
by inserting after paragraph (4) the following new paragraph:
added “(5) Senior Cyber Policy Advisor—The Commission shall have a Senior Cyber Policy Advisor, who shall be appointed by the Commission and who shall serve under the Executive Director, and who shall be the primary policy advisor to the Commission on matters of cybersecurity for Federal elections.”
Sec. 3105 Annual reports
changed
Reports on assistance and assessments— Not later than one 1 year after the date of the enactment of this Act and annually thereafter through 2028, the Secretary shall submit to the appropriate congressional committees—
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
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.
Reports on foreign threats— Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2021), the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal Government, shall submit to the appropriate congressional committees a joint report on foreign threats, including physical and cybersecurity threats, to elections in the United States.
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. 3201 National strategy to protect United States democratic institutions
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the President, acting through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election Commission, and the heads of any other appropriate Federal agencies, shall issue a national strategy to protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions.
Considerations— The national strategy required under subsection (a) shall include consideration of the following:
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.
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.
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.
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.
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.
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.
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.
Implementation plan— Not later than 90 days after the issuance of the national strategy required under subsection (a), the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for Federal efforts to implement such strategy that includes the following:
Strategic objectives and corresponding tasks.
Projected timelines and costs for the tasks referred to in paragraph (1).
Metrics to evaluate performance of such tasks.
Classification— The national strategy required under subsection (a) shall be in unclassified form.
Civil rights review— Not later than 60 days after the issuance of the national strategy required under subsection (a), and not later than 60 days after the issuance of the implementation plan required under subsection (c), the Privacy and Civil Liberties Oversight Board (established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to Congress a report on any potential privacy and civil liberties impacts of such strategy and implementation plan, respectively.
Sec. 3301 Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines
Requiring testing of existing voting systems—
In general— Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph:
“(3) Testing to ensure compliance with guidelines
“(A) Testing—Not later than 9 months before the date of each regularly scheduled general election for Federal office, the Commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines applicable to such hardware or software (including election cybersecurity guidelines) issued under this Act.
“(B) Decertification of hardware or software failing to meet guidelines—If, on the basis of the testing described in subparagraph (A), the Commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this Act, the Commission shall decertify such hardware or software.”
Effective date— The amendment made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office.
Issuance of cybersecurity guidelines by Technical Guidelines Development Committee— Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph:
“(3) Election cybersecurity guidelines—Not later than 6 months after the date of the enactment of this paragraph, the Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents.”
added
Blockchain technology study and report—
added
In general— The Election Assistance Commission shall conduct a study with respect to the use of blockchain technology to enhance voter security in an election for Federal office.
added
Report— Not later than 90 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the study conducted under paragraph (1).
Sec. 3305 Exemption of cybersecurity assistance from limitations on amount of coordinated political party expenditures
added
added
Exemption— Section 315(d)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) is amended—
added
by striking “(5)” and inserting “(5)(A)”;
added
by striking the period at the end and inserting “, or to expenditures (whether provided as funds or provided as in-kind services) for secure information communications technology or for a cybersecurity product or service or for any other product or service which assists in responding to threats or harassment online.”; and
added
by adding at the end the following new subparagraph:
added “(B) In subparagraph (A)—
added “(i) the term secure information communications technology means a commercial-off-the-shelf computing device which has been configured to restrict unauthorized access and uses publicly-available baseline configurations; and
added “(ii) the term cybersecurity product or service means a product or service which helps an organization to achieve the set of standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively identify, detect, protect, respond to, and recover from cyber risks as developed by the National Institute of Standards and Technology pursuant to subsections (c)(15) and (e) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272).”
added
Effective date— The amendments made by subsection (a) shall apply with respect to expenditures made on or after the date of the enactment of this Act.
Sec. 3402 Election Security Bug Bounty Program
changed
Establishment— Not later than one 1 year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the “Election Security Bug Bounty Program” (in this subtitle referred to as the “Program”) to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities.
Voluntary participation by election officials and election service providers—
No requirement to participate in program— Participation in the Program shall be entirely voluntary for State and local election officials and election service providers.
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.
Activities funded— In establishing and carrying out the Program, the Secretary shall—
establish a process for State and local election officials and election service providers to voluntarily participate in the Program;
designate appropriate information systems to be included in the Program;
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;
consult with the Attorney General on how to ensure that approved individuals, organizations, and companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law, and from liability under civil actions for specific activities authorized under the Program;
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;
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
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.
Use of service providers— The Secretary may award competitive contracts as necessary to manage the Program.
Definitions— In this section:
The term Department means the Department of Homeland Security.
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).
The term election cybersecurity vulnerability means any security vulnerability that affects an election system.
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.
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.
The term election system means any information system which is part of an election infrastructure.
The term information system has the meaning given such term in section 3502 of title 44, United States Code.
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.
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).
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.
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)).
Sec. 3801 Short title
changed
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 This subtitle may be affected by cited as the holding.“Bots Research Act”.
Sec. 3802 Task Force
added
added
Establishment— Not later than 90 days after the date of enactment of this Act, the Election Assistance Commission, in consultation with the Cybersecurity and Infrastructure Security Agency, shall establish a task force to carry out the study and report required under section 3803.
added
Number and Appointment— The task force shall be comprised of the following:
added
At least 1 expert representing the Government.
added
At least 1 expert representing academia.
added
At least 1 expert representing non-profit organizations.
added
At least 1 expert representing the social media industry.
added
At least 1 election official.
added
Any other expert that the Commission determines appropriate.
added
Qualifications— The Commission shall select task force members to serve by virtue of their expertise in automation technology.
added
Deadline for Appointment— Not later than 90 days after the date of enactment of this Act, the Commission shall appoint the members of the task force.
added
Compensation— Members of the task force shall serve without pay and shall not receive travel expenses.
added
Task Force Support— The Commission shall ensure appropriate staff and officials of the Commission are available to support any task force-related work.
Sec. 3803 Study and Report
added
added
Study— The task force established in this subtitle shall conduct a study of the impact of automated accounts on social media, public discourse, and elections. Such study shall include an assessment of—
added
what qualifies as a bot or automated account;
added
the extent to which automated accounts are used;
added
how the automated accounts are used; and
added
how to most effectively combat any use of automated accounts that negatively effects social media, public discourse, and elections while continuing to promote the protection of the First Amendment on the internet.
added
Task Force Considerations— In carrying out the requirements of this section, the task force shall consider, at a minimum—
added
the promotion of technological innovation;
added
the protection of First Amendment and other constitutional rights of social media users;
added
the need to improve cybersecurity to ensure the integrity of elections; and
added
the importance of continuously reviewing relevant regulations to ensure that such regulations respond effectively to changes in technology.
added
Report— Not later than 1 year after the establishment of the task force, the task force shall develop and submit to Congress and relevant Federal agencies the results and conclusions of the study conducted under subsection (a).
Sec. 3901 Severability
addedadded 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.
Sec. 4111 Reporting of campaign-related disbursements
Disclosure requirements for corporations, labor organizations, and certain other entities—
In general— Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:
“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,
“(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the “base period” shall be 2022.
“(F)
“(i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization—
“(I) the name and address of each person who made such payment during the period covered by the statement;
“(II) the date and amount of such payment; and
“(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,
“(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the “base period” shall be 2022.
“(G) Such other information as required in rules established by the Commission to promote the purposes of this section.
“(3) Exceptions
“(A) Amounts received in ordinary course of business—The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization.
“(B) Donor restriction on use of funds—The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if—
“(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and
“(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements.
“(C) Threat of harassment or reprisal—The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals.
“(4) Other definitions—For purposes of this section:
“(A) Beneficial owner defined
“(i) In general—Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly—
“(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or
“(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity.
“(ii) Exceptions—The term beneficial owner shall not include—
“(I) a minor child;
“(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
“(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;
“(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or
“(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i).
“(iii) Anti-abuse rule—The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A).
“(B) Disclosure date—The term disclosure date means—
“(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and
“(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.
“(C) Election reporting cycle—The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made.
“(D) Payment—The term payment includes any contribution, donation, transfer, payment of dues, or other payment.
“(b) Coordination with other provisions
“(1) Other reports filed with the Commission—Information included in a statement filed under this section may be excluded from statements and reports filed under section 304.
“(2) Treatment as separate segregated fund—A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.
“(c) Filing—Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.
“(d) Campaign-Related disbursement defined
“(1) In general—In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following:
“(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office.
“(B) Any public communication which refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.
“(C) An electioneering communication, as defined in section 304(f)(3).
“(D) A Federal judicial nomination communication.
“(E) A covered transfer.
“(2) Federal judicial nomination communication
“(A) In general—The term Federal judicial nomination communication means any communication—
changed
“(i) that is by means of any paid 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
changed
“(ii) that is susceptible to no reasonable interpretation other than promoting, supporting, attacking, which promotes, supports, attacks, or opposing 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.
changed
“(3) Intent Exception—The term “campaign-related disbursement” does not required—A disbursement for an item described in subparagraph (A), (B), (C), (D), include any news story, commentary, or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of editorial distributed through the intent facilities of the person making the disbursement.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.
added “(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,
“(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.”
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”.
Coordination with FinCEN—
In general— The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as added by this section.
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. 4122 Judicial review of actions related to campaign finance laws
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:
“407. Judicial review
changed “(a) In general—Notwithstanding section 373(f), if any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply:
“(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit.
“(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.
changed
“(3) It shall be the duty of the United States District Court for the District of Columbia, Columbia and the Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
changed
“(b) Intervention by Members Clarifying scope of Congress—In any jurisdiction—If an action described in subsection (a) relating to declaratory or injunctive relief to challenge at the constitutionality time of a provision, its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any Member of other pleading or motion is filed challenging, whether facially or as-applied, the House constitutionality or lawfulness of Representatives (including a Delegate this Act or Resident Commissioner to the Congress) of chapter 95 or Senate shall have 96 of the right to intervene either in support Internal Revenue Code of 1986, or opposition is brought to the position of a party with respect to the case regarding any action of the constitutionality Commission under chapter 95 or 96 of the provision. To avoid duplication Internal Revenue Code of efforts and reduce 1986, the burdens placed on district court shall transfer the parties action to the action, District Court for the court in any such District of Columbia, and the action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to shall thereafter be represented by a single attorney at oral argument.conducted pursuant to subsection (a).
changed
“(c) Challenge Intervention by Members of Congress—Any Member of Congress may bring an action, subject to the special rules Congress—In any action described in subsection (a), for (a) relating to declaratory or injunctive relief to challenge, whether facially or as-applied, challenge the constitutionality of a provision, any provision Member of this Act the House of Representatives (including a Delegate or chapter 95 Resident Commissioner to the Congress) or 96 Senate shall have the right to intervene either in support of or opposition to the Internal Revenue Code position of 1986.”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.
added “(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.”
Conforming amendments—
Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows:
“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.”
Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows:
“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.”
added
Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed.
renumbered
was (3)(4)
Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.
Effective date— The amendments made by this section shall apply to actions brought on or after January 1, 2021.
Sec. 4131 Disclosure of contributions to political committees immediately prior to election
added
added
Disclosure— Section 304(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)) is amended—
added
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F); and
added
by inserting after subparagraph (C) the following new subparagraph:
added “(D)
added “(i) A political committee, including a super PAC, shall notify the Commission of any contribution or donation of more than $5,000 received by the committee during the period beginning on the 20th day before any election in connection with which the committee makes a contribution or expenditure and ending 48 hours before such an election.
added “(ii) The committee shall make the notification under clause (i) not later than 48 hours after the receipt of the contribution or donation involved, and shall include the name of the committee, the name of the person making the contribution or donation, and the date and amount of the contribution or donation.
added “(iii) For purposes of this subparagraph, a pledge, promise, understanding, or agreement to make a contribution or expenditure with respect to an election shall be treated as the making of a contribution or expenditure with respect to the election.
added “(iv) This subparagraph does not apply to an authorized committee of a candidate or any committee of a political party.
added “(v) In this subparagraph, the term “super PAC” means a political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act, and includes an account of such a committee which is established for the purpose of accepting such donations or contributions.”
added
Effective date— The amendment made by subsection (a) shall apply with respect to elections occurring during 2022 or any succeeding year.
Sec. 4208 Political record requirements for online platforms
In general— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002, is amended by adding at the end the following new subsection:
“(k) Disclosure of certain online advertisements
“(1) In general
“(A) Requirements for online platforms—An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500.
“(B) Requirements for advertisers—Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A).
“(2) Contents of record—A record maintained under paragraph (1)(A) shall contain—
“(A) a digital copy of the qualified political advertisement;
changed “(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, the number of views by unique individuals generated by the advertisement, the number of times the advertisement was shared, and the date and time that the advertisement is first displayed and last displayed; and
“(C) information regarding—
“(i) the average rate charged for the advertisement;
“(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable);
“(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and
“(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person, and, if the person purchasing the advertisement is acting as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a statement that the person is acting as the agent of a foreign principal and the identification of the foreign principal involved.
“(3) Online platform—For purposes of this subsection, the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which—
“(A) sells qualified political advertisements; and
“(B) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.
“(4) Qualified political advertisement—For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that—
“(A) is made by or on behalf of a candidate; or
“(B) communicates a message relating to any political matter of national importance, including—
“(i) a candidate;
“(ii) any election to Federal office; or
“(iii) a national legislative issue of public importance.
“(5) Time to maintain file—The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years.
“(6) Safe harbor for platforms making best efforts to identify requests which are subject to record maintenance requirements—In accordance with rules established by the Commission, if an online platform shows that the platform used best efforts to determine whether or not a request to purchase a qualified political advertisement was subject to the requirements of this subsection, the online platform shall not be considered to be in violation of such requirements.
“(7) Penalties—For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.”
Rulemaking— Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules—
requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format;
establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date; and
establishing the criteria for the safe harbor exception provided under paragraph (6) of section 304(k) of such Act (as added by subsection (a)).
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—
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);
recommendations for any modifications to such section to assist in carrying out its purposes; and
identifying ways to bring transparency and accountability to political advertisements distributed online for free.
Sec. 4211 Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared
added
added
Requirement— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection:
added “(l) Ensuring display and sharing of sponsor identification in online political advertisements
added “(1) Requirement—An online platform displaying a qualified political advertisement shall—
added “(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
added “(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform.
added “(2) Definitions—In this subsection,—
added “(A) the term “online platform” has the meaning given such term in subsection (k)(3); and
added “(B) the term “qualified political advertisement” has the meaning given such term in subsection (k)(4).”
added
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.
Sec. 4404 Clarification of application of foreign money ban
added
added
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:
added “(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.”
added
Clarification of application of foreign money ban to all contributions and donations of things of value and to all solicitations of contributions and donations of things of value— Section 319(a) of such Act (52 U.S.C. 30121(a)) is amended—
added
in paragraph (1)(A), by striking “promise to make a contribution or donation” and inserting “promise to make such a contribution or donation”;
added
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
added
by amending paragraph (2) to read as follows:
added “(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.”
Sec. 4411 Notifying States of disinformation campaigns by foreign nationals
changed
Inadmissibility—Requiring disclosure— Section 212(a)(3) of If the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding 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 end Commission shall notify the following:State involved of the determination not later than 30 days after making the determination.
removed
“(H) Improper interference in a United States election—Any alien who a consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows, or has reasonable grounds to believe, is seeking admission to the United States to engage in improper interference in a United States election, or has engaged in improper interference in a United States election, is inadmissible.”
changed
Deportability—Definitions— Section 237(a) of In this section the term foreign national has the meaning given such term in section 319(b) of the Federal Election Campaign Act (8 of 1971 (52 U.S.C. 1227(a)) is amended by adding at the end the following:30121(b)).
removed
“(8) Improper interference in a United States election—Any alien who has engaged, is engaged, or at any time after admission engages in improper interference in a United States election is deportable.”
removed
Definition— Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
removed
“(53) The term improper interference in a United States election means conduct by an alien that—
removed
“(A)
removed
“(i) violates Federal criminal, voting rights, or campaign finance law; or
removed
“(ii) is performed by any person acting as an agent of or on behalf of a foreign government or criminal enterprise; and
removed
“(B) includes any covert, fraudulent, deceptive, or unlawful act or attempted act, undertaken with the purpose or effect of undermining public confidence in election processes or institutions, or influencing, undermining confidence in, or altering the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
removed
“(i) the campaign of a candidate; or
removed
“(ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.”
Sec. 4421 Prohibition on distribution of materially deceptive audio or visual media prior to election
changed
Requiring disclosure—In general— If Title III of 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 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the determination not later than 30 days after making end the determination.following new section:
added “325. Prohibition on distribution of materially deceptive media prior to election
added “(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.
added “(b) Exception
added “(1) Required language—The prohibition in subsection (a) does not apply if the audio or visual media includes—
added “(A) a disclosure stating: “This _____ has been manipulated.”; and
added “(B) filled in the blank in the disclosure under subparagraph (A), the term image, video, or audio, as most accurately describes the media.
added “(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.
added “(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.
added “(c) Inapplicability to certain entities—This section does not apply to the following:
added “(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.
added “(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.
added “(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.
added “(4) Materially deceptive audio or visual media that constitutes satire or parody.
added “(d) Civil action
added “(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.
added “(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.
added “(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.
added “(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.
added “(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:
added “(1) The image or audio or video recording would falsely appear to a reasonable person to be authentic.
added “(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.”
changed
Definitions—Criminal penalties— In this section the term foreign national has the meaning given such term in section 319(b) Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).30109(d)(1)), as amended by section 4004, is further amended by adding at the end the following new subparagraph:
added “(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.”
added
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.
Sec. 4431 Assessment of exemption of registration requirements under FARA for registered lobbyists
added Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to Congress an assessment of the implications of the exemption provided under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) for agents of foreign principals who are also registered lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and shall include in the assessment an analysis of the extent to which revisions in such Acts might mitigate the risk of foreign government money influencing elections or political processes in the United States.
removed
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:
removed
“325. Prohibition on distribution of materially deceptive media prior to election
removed
“(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.
removed
“(b) Exception
removed
“(1) Required language—The prohibition in subsection (a) does not apply if the audio or visual media includes—
removed
“(A) a disclosure stating: “This _____ has been manipulated.”; and
removed
“(B) filled in the blank in the disclosure under subparagraph (A), the term image, video, or audio, as most accurately describes the media.
removed
“(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.
removed
“(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.
removed
“(c) Inapplicability to certain entities—This section does not apply to the following:
removed
“(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.
removed
“(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.
removed
“(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.
removed
“(4) Materially deceptive audio or visual media that constitutes satire or parody.
removed
“(d) Civil action
removed
“(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.
removed
“(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.
removed
“(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.
removed
“(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.
removed
“(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:
removed
“(1) The image or audio or video recording would falsely appear to a reasonable person to be authentic.
removed
“(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.”
removed
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:
removed
“(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.”
removed
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.
Sec. 4441 Assessment of exemption of registration requirements under FARA for registered lobbyists
removed
removed
Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to Congress an assessment of the implications of the exemption provided under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) for agents of foreign principals who are also registered lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and shall include in the assessment an analysis of the extent to which revisions in such Acts might mitigate the risk of foreign government money influencing elections or political processes in the United States.
Sec. 4501 Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations
changed
Section 122 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–___) 116–260) is hereby repealed.
Sec. 4502 Repeal of regulations
changed
The final regulations of the Department of the Treasury relating to guidance under section 6033 of the Internal Revenue Procedure 2018–38 Code of 1986 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect.
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
changed
Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–___) 116–260) is hereby repealed.
Sec. 4602 Assessment of shareholder preferences for disbursements for political purposes
Assessment required— The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10D the following:
“10E. Assessment of shareholder preferences for disbursements for political purposes
“(a) Assessment required before making a disbursement for a political purpose
“(1) Requirement—An issuer with an equity security listed on a national securities exchange may not make a disbursement for a political purpose unless—
“(A) the issuer has in place procedures to assess the preferences of the shareholders of the issuer with respect to making such disbursements; and
“(B) such an assessment has been made within the 1-year period ending on the date of such disbursement.
changed
“(2) Treatment of issuers whose shareholders are prohibited from expressing preferences—Notwithstanding paragraph (1), an issuer described under such paragraph with procedures in place to assess the preferences of its shareholders with respect to making disbursements for political purposes shall not be considered subject to meet the requirements of such paragraph if a majority of the number of the outstanding equity securities of the issuer are held by persons who are prohibited from expressing partisan or political preferences by law, contract, or the requirement to meet a fiduciary duty.
“(3) No assessment of preferences of foreign nationals—Notwithstanding paragraph (1), an issuer described in such paragraph shall not use the procedures described in such paragraph to assess the preferences of any shareholder who is a foreign national, as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121).
“(b) Assessment requirements—The assessment described under subsection (a) shall assess—
“(1) which types of disbursements for a political purpose the shareholder believes the issuer should make;
“(2) whether the shareholder believes that such disbursements should be made in support of, or in opposition to, Republican, Democratic, Independent, or other political party candidates and political committees;
“(3) whether the shareholder believes that such disbursements should be made with respect to elections for Federal, State, or local office; and
“(4) such other information as the Commission may specify, by rule.
“(c) Disbursement for a political purpose defined
“(1) In general—For purposes of this section, the term disbursement for a political purpose means any of the following:
“(A) A disbursement for an independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)).
“(B) A disbursement for an electioneering communication, as defined in section 304(f) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)).
“(C) A disbursement for any public communication, as defined in section 301(22) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))—
“(i) which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office; or
“(ii) which refers to a clearly identified candidate for election for Federal office and which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.
“(D) Any other disbursement which is made for the purpose of influencing the outcome of an election for a public office.
“(E) Any transfer of funds to another person which is made with the intent that such person will use the funds to make a disbursement described in subparagraphs (A) through (D), or with the knowledge that the person will use the funds to make such a disbursement.
“(2) Exceptions—The term disbursement for a political purpose does not include any of the following:
“(A) Any disbursement made from a separate segregated fund of the corporation under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118).
“(B) Any transfer of funds to another person which is made in a commercial transaction in the ordinary course of any trade or business conducted by the corporation or in the form of investments made by the corporation.
“(C) Any transfer of funds to another person which is subject to a written prohibition against the use of the funds for a disbursement for a political purpose.
“(d) Other definitions—In this section, each of the terms candidate, election, political committee, and political party has the meaning given such term under section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).”
Conforming amendment to Federal Election Campaign Act of 1971 To prohibit disbursements by corporations failing To assess preferences— Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection:
“(d) Prohibiting disbursements by corporations failing To assess shareholder preferences
“(1) Prohibition—It shall be unlawful for a corporation to make a disbursement for a political purpose unless the corporation has in place procedures to assess the preferences of its shareholders with respect to making such disbursements, as provided in section 10E of the Securities Exchange Act of 1934.
“(2) Definition—In this section, the term disbursement for a political purpose has the meaning given such term in section 10E(c) of the Securities Exchange Act of 1934.”
Effective date— The amendments made by this section shall apply with respect to disbursements made on or after December 31, 2021.
Sec. 4603 Governance and operations of corporate PACs
added
added
Assessment of governance— Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection:
added “(d) Assessment of governance—The Commission shall, on an ongoing basis, collect information on the governance of the separate segregated funds of corporations under this section, using the most recent statements of organization provided by such funds under section 303(a), including information on the following:
added “(1) The extent to which such funds have by-laws which govern their operations.
added “(2) The extent to which those funds which have by-laws which govern their operations use a board of directors to oversee the operation of the fund.
added “(3) The characteristics of those individuals who serve on boards of directors which oversee the operations of such funds, including the relation of such individuals to the corporation.”
added
Analysis of donors—
added
Analysis— The Federal Election Commission shall conduct an analysis of the composition of the base of donors to separate segregated funds of corporations under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118).
added
Report— Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the analysis conducted under paragraph (1), and shall initiate the promulgation of a regulation to establish a new designation and classification of such separate segregated funds.
Sec. 4701 Repeal of restriction on use of funds to require disclosure of political spending by government contractors
changed
Section 735 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–___) 116–260) is hereby repealed.
Sec. 4802 Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees
changed
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 4431, 4421, is amended by adding at the end the following new section:
“326. Inaugural committees
“(a) Prohibited donations
“(1) In general—It shall be unlawful—
“(A) for an Inaugural Committee—
“(i) to solicit, accept, or receive a donation from a person that is not an individual; or
“(ii) to solicit, accept, or receive a donation from a foreign national;
“(B) for a person—
“(i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation;
“(ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or
“(iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); and
“(C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee.
“(2) Conversion of donation to personal use—For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code.
“(3) No effect on disbursement of unused funds to nonprofit organizations—Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
“(b) Limitation on donations
“(1) In general—It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000.
“(2) Indexing—At the beginning of each Presidential election year (beginning with 2028), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.
“(c) Disclosure of certain donations and disbursements
“(1) Donations over $1,000
“(A) In general—An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation.
“(B) Contents of report—A report filed under subparagraph (A) shall contain—
“(i) the amount of the donation;
“(ii) the date the donation is received; and
“(iii) the name and address of the individual making the donation.
“(2) Final report—Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information:
“(A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200—
“(i) the amount of the donation;
“(ii) the date the donation is received; and
“(iii) the name and address of the individual making the donation.
“(B) The total amount of all disbursements, and all disbursements in the following categories:
“(i) Disbursements made to meet committee operating expenses.
“(ii) Repayment of all loans.
“(iii) Donation refunds and other offsets to donations.
“(iv) Any other disbursements.
“(C) The name and address of each person—
“(i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense;
“(ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment;
“(iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and
“(iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement.
“(d) Definitions—For purposes of this section:
“(1)
“(A) The term donation includes—
“(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or
“(ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose.
“(B) The term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee.
“(2) The term foreign national has the meaning given that term by section 319(b).
“(3) The term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code.”
Confirming amendment related to reporting requirements— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended—
by striking subsection (h); and
by redesignating subsection (i) as subsection (h).
Conforming amendment related to status of committee— Section 510 of title 36, United States Code, is amended to read as follows:
“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.”
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.
Sec. 5103 Reports
Preliminary report— Not later than 6 months after the first election cycle of the program operation period, a State which operates a voucher pilot program under this part shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require.
Final report— Not later than 6 months after the end of the program operation period, the State shall submit a final report to the Commission analyzing the operation and effectiveness of the program and including such other information as the Commission may require.
added
Study and report on impact and effectiveness of voucher programs—
added
Study— The Federal Election Commission shall conduct a study on the efficacy of political voucher programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Commission shall publish and submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Commission considers appropriate which would enable political voucher programs to be implemented on a national scale.
removed
Report by Commission— Not later than the end of the first election cycle which begins after the program operation period, the Commission shall submit a report to Congress which summarizes and analyzes the results of the voucher pilot program, and shall include in the report such recommendations as the Commission considers appropriate regarding the expansion of the pilot program to all States and territories, along with such other recommendations and other information as the Commission considers appropriate.
Sec. 5111 Benefits and eligibility requirements for candidates
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following:
“V Small Dollar Financing of Congressional Election Campaigns
“A Benefits
“501. Benefits for participating candidates
“(a) In general—If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title.
“(b) Amount of payment—The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c).
“(c) Limit on aggregate amount of payments—The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000.
“502. Procedures for making payments
“(a) In general—The Commission shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes—
“(1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle;
“(2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request;
“(3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and
“(4) such other information and assurances as the Commission may require.
“(b) Restrictions on submission of requests—A candidate may not submit a request under subsection (a) unless each of the following applies:
“(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election.
“(2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request.
“(c) Time of payment—The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a).
“503. Use of funds
“(a) Use of funds for authorized campaign expenditures—A candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved.
“(b) Prohibiting use of funds for legal expenses, fines, or penalties—Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty.
“504. Qualified small dollar contributions described
“(a) In general—In this title, the term qualified small dollar contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements:
“(1) The contribution is in an amount that is—
“(A) not less than $1; and
“(B) not more than $200.
“(2)
“(A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not—
“(i) forwarded from the individual making the contribution to the candidate or committee by another person; or
“(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person.
“(B) In this paragraph—
“(i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and
“(ii) a contribution is not “made at the request, suggestion, or recommendation of another person” solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.
“(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution.
“(b) Treatment of my voice vouchers—Any payment received by a candidate and the authorized committees of a candidate which consists of a My Voice Voucher under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a).
“(c) Restriction on subsequent contributions
“(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle
“(A) In general—An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution.
“(B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period—Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title.
“(2) Treatment of subsequent nonqualified contributions—If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions:
“(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a).
“(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom From Influence Fund under section 541 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved.
“(3) No effect on ability to make multiple contributions—Nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a).
“(d) Notification requirements for candidates
“(1) Notification—Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee:
“(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received.
“(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title.
“(C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution.
“(2) Alternative methods of meeting requirements—An authorized committee may meet the requirements of paragraph (1)—
“(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or
“(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet).
“B Eligibility and Certification
“511. Eligibility
“(a) In general—A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements:
“(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate.
“(2) The candidate meets the qualifying requirements of section 512.
“(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d).
“(4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate—
“(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521;
“(B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and
“(C) has either qualified or will take steps to qualify under State law to be on the ballot.
“(b) General election—Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law.
“(c) Small Dollar Democracy qualifying period Defined—The term Small Dollar Democracy qualifying period means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office.
“512. Qualifying requirements
“(a) Receipt of qualified small dollar contributions—A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs:
“(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate.
“(2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000.
“(b) Requirements relating to receipt of qualified small dollar contribution—Each qualified small dollar contribution—
“(1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Commission;
“(2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor’s name and address; and
“(3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission.
“(c) Verification of contributions—The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title.
“513. Certification
“(a) Deadline and Notification
“(1) In general—Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall—
“(A) determine whether or not the candidate meets the requirements for certification as a participating candidate;
“(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and
“(C) notify the candidate of the Commission's determination.
“(2) Deemed certification for all elections in election cycle—If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle.
“(b) Revocation of certification
“(1) In general—The Commission shall revoke a certification under subsection (a) if—
“(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle);
“(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or
“(C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission.
“(2) Existence of criminal sanction—The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election.
“(3) Effect of revocation—If a candidate’s certification is revoked under this subsection—
“(A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and
“(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)—
“(i) the candidate shall repay to the Freedom From Influence Fund established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received; and
“(ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle.
“(4) Prohibiting participation in future elections for candidates with multiple revocations—If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.
“(c) Voluntary withdrawal from participating during qualifying period—At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502.
“(d) Participating Candidate defined—In this title, a “participating candidate” means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title.
“C Requirements for Candidates Certified as Participating Candidates
“521. Contribution and expenditure requirements
“(a) Permitted sources of contributions and expenditures—Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following:
“(1) Qualified small dollar contributions.
“(2) Payments under this title.
“(3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315.
“(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions).
“(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000.
“(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315.
“(b) Special rules for personal funds
“(1) Limit on amount—A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as—
“(A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and
“(B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved.
“(2) Immediate family member defined—In this subsection, the term immediate family member means, with respect to a candidate—
“(A) the candidate’s spouse;
“(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and
“(C) the spouse of any person described in subparagraph (B).
“(c) Exceptions
“(1) Exception for contributions received prior to filing of statement of intent—A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are—
“(A) returned to the contributor;
“(B) submitted to the Commission for deposit in the Freedom From Influence Fund established under section 541; or
“(C) spent in accordance with paragraph (2).
“(2) Exception for expenditures made prior to filing of statement of intent—If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate.
“(3) Exception for campaign surpluses from a previous election—Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate.
“(4) Exception for contributions received before the effective date of this title—Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2).
“(d) Special Rule for Coordinated Party Expenditures—For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate.
“(e) Prohibition on joint fundraising committees
“(1) Prohibition—An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate.
“(2) Status of existing committees for prior elections—If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title.
“(f) Prohibition on Leadership PACs
“(1) Prohibition—A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC.
“(2) Status of existing leadership PACs—If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title.
“(3) Leadership PAC defined—In this subsection, the term leadership PAC has the meaning given such term in section 304(i)(8)(B).
“522. Administration of campaign
“(a) Separate accounting for various permitted contributions—Each authorized committee of a candidate certified as a participating candidate under this title—
“(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and
“(2) shall provide for separate accounting for the payments received under this title.
“(b) Enhanced disclosure of information on donors
changed
“(1) Mandatory identification of individuals making qualified small dollar contributions—Each authorized committee of a participating candidate under this title shall elect, shall, in accordance with section 304(b)(3)(A), to include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee.
“(2) Mandatory disclosure through Internet—Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner.
“523. Preventing unnecessary spending of public funds
“(a) Mandatory spending of available private funds—An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).
“(b) Limitation—Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title.
“524. Remitting unspent funds after election
“(a) Remittance required—Not later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Freedom From Influence Fund established under section 541 an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date.
“(b) Permitting candidates participating in next election cycle To retain portion of unspent funds—Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld.
“D Enhanced Match Support
“531. Enhanced support for general election
“(a) Availability of Enhanced Support—In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle.
“(b) Use of funds—A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved.
“532. Eligibility
“(a) In General—A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements:
“(1) The candidate is on the ballot for the general election for the office the candidate seeks.
“(2) The candidate is certified as a participating candidate under this title with respect to the election.
“(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000.
“(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes—
“(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period;
“(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and
“(C) such other information and assurances as the Commission may require.
“(5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle.
“(b) Enhanced Support Qualifying Period Described—In this subtitle, the term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election.
“533. Amount
“(a) In General—Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of—
“(1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or
“(2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit.
“(b) Limit—The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000.
“(c) No Effect on Aggregate Limit—The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c).
“534. Waiver of authority to retain portion of unspent funds after election
“Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1).
“E Administrative Provisions
“541. Freedom From Influence Fund
“(a) Establishment—There is established in the Treasury a fund to be known as the “Freedom From Influence Fund”.
“(b) Amounts held by Fund—The Fund shall consist of the following amounts:
“(1) Assessments against fines, settlements, and penalties—Amounts transferred under section 3015 of title 18, United States Code, section 9706 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986.
“(2) Deposits—Amounts deposited into the Fund under—
“(A) section 521(c)(1)(B) (relating to exceptions to contribution requirements);
“(B) section 523 (relating to remittance of unused payments from the Fund); and
“(C) section 544 (relating to violations).
“(c) Use of Fund To make payments to participating candidates
“(1) Payments to participating candidates—Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title.
“(2) Mandatory reduction of payments in case of insufficient amounts in Fund
“(A) Advance audits by Commission—Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall—
“(i) audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and
“(ii) submit a report to Congress describing the results of the audit.
“(B) Reductions in amount of payments
“(i) Automatic reduction on pro rata basis—If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle.
“(ii) Restoration of reductions in case of availability of sufficient funds during election cycle—If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under clause (i) (or any portion thereof, as the case may be).
“(iii) No use of amounts from other sources—In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments.
“(d) Use of Fund To make other payments—In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation—
“(1) to make payments to States under the My Voice Voucher Program under the Government By the People Act of 2021, subject to reductions under section 5101(f)(3) of such Act;
“(2) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and
“(3) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code.
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“(e) Effective date—This section shall take effect on the date of No taxpayer funds permitted—No taxpayer funds may be deposited into the enactment of this title.Fund.
added “(f) Effective date—This section shall take effect on the date of the enactment of this title.
“542. Reviews and reports by Government Accountability Office
“(a) Review of Small Dollar financing
“(1) In general—After each regularly scheduled general election for Federal office, the Comptroller General of the United States shall conduct a comprehensive review of the Small Dollar financing program under this title, including—
“(A) the maximum and minimum dollar amounts of qualified small dollar contributions under section 504;
“(B) the number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate;
“(C) the maximum amount of payments a candidate may receive under this title;
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“(D) the overall satisfaction of participating candidates and the American public with the program; and
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“(E) such other matters relating to financing “(D) the overall satisfaction of campaigns as participating candidates and the Comptroller General determines are appropriate.American public with the program;
added “(E) the extent to which the program increased opportunities for participation by candidates of diverse racial, gender, and socio-economic backgrounds; and
added “(F) such other matters relating to financing of campaigns as the Comptroller General determines are appropriate.
“(2) Criteria for review—In conducting the review under subparagraph (A), the Comptroller General shall consider the following:
“(A) Qualified small dollar contributions—Whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Comptroller General determines is appropriate.
“(B) Review of payment levels—Whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified small dollar contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Comptroller General determines is appropriate.
“(3) Recommendations for adjustment of amounts—Based on the review conducted under subparagraph (A), the Comptroller General may recommend to Congress adjustments of the following amounts:
“(A) The number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate.
“(B) The maximum amount of payments a candidate may receive under this title.
“(b) Reports—Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Comptroller General shall submit to the Committee on House Administration of the House of Representatives a report—
“(1) containing an analysis of the review conducted under subsection (a), including a detailed statement of Comptroller General’s findings, conclusions, and recommendations based on such review, including any recommendations for adjustments of amounts described in subsection (a)(3); and
“(2) documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title.
“(c) Authorization of appropriations—There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
“543. Administration by Commission
“The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures for—
“(1) verifying the amount of qualified small dollar contributions with respect to a candidate;
“(2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions;
“(3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and
“(4) monitoring the use of allocations from the Freedom From Influence Fund established under section 541 and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3) of all participating candidates or other mechanisms.
“544. Violations and penalties
“(a) Civil penalty for violation of contribution and expenditure requirements—If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Freedom From Influence Fund established under section 541.
“(b) Repayment for improper use of Freedom From Influence Fund
“(1) In general—If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to—
“(A) the amount of payments so used or not remitted, as appropriate; and
“(B) interest on any such amounts (at a rate determined by the Commission).
“(2) Other action not precluded—Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.
“(c) Prohibiting certain candidates from qualifying as participating candidates
“(1) Candidates with multiple civil penalties—If the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election.
“(2) Candidates subject to criminal penalty—A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election.
“(d) Imposition of criminal penalties—For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d).
“545. Appeals process
“(a) Review of Actions—Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought.
“(b) Procedures—The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section.
“546. Indexing of amounts
“(a) Indexing—In any calendar year after 2026, section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the “base period” shall be 2026.
“(b) Amounts described—The amounts described in this subsection are as follows:
“(1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment).
“(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution).
“(3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions).
“(4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election).
“(5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate).
“(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle).
“(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D).
“(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D).
“547. Election cycle defined
“In this title, the term election cycle means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).”
Sec. 5115 Study and report on small dollar financing program
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—
assess—
the amount of payment referred to in section 501 of such Act; and
the amount of a qualified small dollar contribution referred to in section 504(a)(1) of such Act; and
submit to Congress a report that discusses whether such amounts are sufficient to meet the goals of the program.
Update— The Commission shall update and revise the study and report required by subsection (a) on a biennial basis.
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Termination— The requirements of this section shall terminate ten 10 years after the date on which the first study and report required by subsection (a) is submitted to Congress.
Sec. 5302 Treatment of payments for child care and other personal use services as authorized campaign expenditure
Personal use services as authorized campaign expenditure— Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113, is amended by adding at the end the following new subsection:
“(e) Treatment of payments for child care and other personal use services as authorized campaign expenditure
“(1) Authorized expenditures—For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities.
“(2) Limitations
“(A) Limit on total amount of payments—The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose).
changed
“(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 (E) (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.”
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act.
Sec. 6002 Membership of Federal Election Commission
Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members—
In general; quorum— Section 306(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking the second and third sentences and inserting the following: “The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who are serving at the time shall constitute a quorum.”.
Conforming amendments relating to reduction in number of members—
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”.
Such Act is further amended by striking “affirmative vote of 4 of its members” and inserting “affirmative vote of a majority of the members of the Commission who are serving at the time” each place it appears in the following sections:
Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)).
Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)).
Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)).
Section 311(b) (52 U.S.C. 30111(b)).
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).
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.
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“(B) Special rule for initial appointments—Of the members first appointed to serve terms that begin in January 2024, 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.”
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
Appointment of Chair by President—
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
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“(A) Initial appointment—Of the members first appointed to serve terms that begin in January 2024, 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.
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“(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 2024 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.”
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”.
Powers—
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).”
Conforming amendments relating to personnel authority— Section 306(f) of such Act (52 U.S.C. 30106(f)) is amended—
by amending the first sentence of paragraph (1) to read as follows: “The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members.”;
in paragraph (2), by striking “With the approval of the Commission” and inserting “With the approval of the Chair of the Commission”; and
by striking paragraph (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”.
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”.
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
Standard for initiating investigations and determining whether violations have occurred—
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.
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“(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 and 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.”
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—
in the third sentence, by striking “the Commission” and inserting “the general counsel”; and
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.”.
Revision of standard for review of dismissal of complaints—
In general— Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows:
“(8)
“(A)
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“(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party after finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint.
“(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint.
“(B)
“(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia.
“(ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law.
“(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.”
Effective date— The amendments made by paragraph (1) shall apply—
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
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. 6006 Permanent extension of administrative penalty authority
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”.
changed
Effective date— The amendment made by subsection (a) shall take effect on December 31, 2020.2021.
Sec. 6010 Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971
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In General—Civil offenses— Except as otherwise provided, Section 309(a) of the amendments made Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by this subtitle shall apply beginning January 1, 2024.inserting after paragraph (9) the following new paragraph:
added “(10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 15 years after the date on which the violation occurred.”
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Criminal offenses— Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking “5 years” and inserting “10 years”.
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Effective date— The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act.
removed
Transition—
removed
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, 2023, shall expire on that date.
removed
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, 2023, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date.
Sec. 6011 Effective date; transition
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added
In General— Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022.
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Transition—
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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.
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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.
Sec. 6102 Clarification of treatment of coordinated expenditures as contributions to candidates
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—
by striking “or” at the end of clause (i);
by striking the period at the end of clause (ii) and inserting “; or”; and
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).”
changed
Definitions— Title III of such Act (52 U.S.C. 30101 et seq.), as amended by section 4431 4421 and section 4802(a), is amended by adding at the end the following new section:
“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.”
Effective date—
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—
the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading “Coordination”) are repealed; and
the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act.
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. 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—
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
by inserting after subsection (b) the following new subsection:
“(c) Disposal
“(1) Timeframe—Contributions or donations described in subsection (a) may only be used—
changed
“(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; orperiod;
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“(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.lobbyist; or
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“(2) Means of disposal; prioritization—Beginning on the date the 6-year period described in subparagraph (A) of paragraph (1) ends (or, “(C) in the case of an individual described in subparagraph (B) of such paragraph, the date on which the individual who becomes an agent of a registered lobbyist foreign principal that would require registration under section 2 of the Lobbying Disclosure Foreign Agents Registration Act of 1995), contributions or donations that remain available to an individual described in 1938, as amended (22 U.S.C. 612), before the date on which such paragraph shall be disposed of, not later than 30 days after individual becomes such date, as follows:an agent of a foreign principal.
added “(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
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—
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not later than one 1 year after the date of the enactment of this section; and
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.
Individuals described— An individual described in this subsection is an individual who, as of the date of the enactment of this section—
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
is an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995; and
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.
Sec. 7105 Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients
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added
Method and form of disclaimer; preservation of disclaimers by certain social media platforms—
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Requirements described— Section 4(b) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614(b)) is amended—
added
by striking “(b) It shall be unlawful” and inserting “(b)(1) It shall be unlawful”; and
added
by adding at the end the following new paragraph:
added “(2) In the case of informational materials for or in the interests of a foreign principal which are transmitted or caused to be transmitted by an agent of a foreign principal by posting on an online platform, the agent shall ensure that the conspicuous statement required to be placed in such materials under this subsection is placed directly with the material posted on the platform and is not accessible only through a hyperlink or other reference to another source.
added “(3) If the Attorney General determines that the application of paragraph (2) to materials posted on an online platform is not feasible because the length of the conspicuous statement required to be placed in materials under this subsection makes the inclusion of the entire statement incompatible with the posting of the materials on that platform, an agent may meet the requirements of paragraph (2) by ensuring that an abbreviated version of the statement, stating that the materials are distributed by a foreign agent on behalf of a clearly identified foreign principal, is placed directly with the material posted on the platform.
added “(4) An online platform on which informational materials described in paragraph (2) are posted shall ensure that the conspicuous statement described in such paragraph (or, if applicable, the abbreviated statement described in paragraph (3)) is maintained with such materials at all times, including after the material is shared in a social media post on the platform, but only if the platform has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the 12 months preceding the dissemination of the materials.”
added
Effective date— The amendments made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period.
added
Application of requirements to persons outside the United States—
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In general— Section 4(b)(1) of such Act (22 U.S.C. 614(b)(1)), as amended by subsection (a), is amended by striking “any person within the United States” and inserting “any person”.
added
Effective date— The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period.
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Requirements for online platforms disseminating informational materials transmitted by agents of foreign principals—
added
In general— Section 4 of such Act (22 U.S.C. 614) is amended by adding at the end the following new subsection:
added “(g) If the Attorney General determines that an agent of a foreign principal transmitted or caused to be transmitted informational materials on an online platform for or in the interests of the foreign principal and did not meet the requirements of subsection (b)(2) (relating to the conspicuous statement required to be placed in such materials)—
added “(1) the Attorney General shall notify the online platform; and
added “(2) the online platform shall remove such materials and use reasonable efforts to inform recipients of such materials that the materials were disseminated by a foreign agent on behalf of a foreign principal.”
added
Effective date— The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.
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Definition— Section 1 of such Act (22 U.S.C. 611) is amended by inserting after subsection (i) the following new subsection:
added “(j) The term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine).”
Sec. 7106 Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principals
addedadded Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after “United States” the following: “(whether within or outside of the United States)”.
Sec. 7107 Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938
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added
Analysis— The Attorney General shall conduct an analysis of the legal, policy, and procedural challenges to the effective enforcement of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.).
added
Report— Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the analysis conducted under subsection (a), and shall include in the report such recommendations, including recommendations for revisions to the Foreign Agents Registration Act of 1938, as the Attorney General considers appropriate to promote the effective enforcement of such Act.
Sec. 8003 Requirements relating to slowing the revolving door
In general— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
“VI Enhanced Requirements for Certain Employees
“601. Definitions
“In this title:
“(1) Covered agency—The term covered agency—
“(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and
“(B) shall include the Executive Office of the President.
“(2) Covered employee—The term covered employee means an officer or employee referred to in paragraph (2) of section 207(c) or paragraph (1) of section 207(d) of title 18, United States Code.
“(3) Director—The term Director means the Director of the Office of Government Ethics.
“(4) Executive branch—The term executive branch has the meaning given that term in section 109.
“(5) Former client—The term former client—
“(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and
“(B) does not include any agency or instrumentality of the Federal Government.
“(6) Former employer—The term former employer—
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“(A) means a person for whom a covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2 year 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and
“(B) does not include—
“(i) an entity in the Federal Government, including an executive branch agency;
“(ii) a State or local government;
“(iii) the District of Columbia;
“(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or
“(v) the government of a territory or possession of the United States.
“(7) Particular matter—The term particular matter has the meaning given that term in section 207(i) of title 18, United States Code.
“602. Conflict of interest and eligibility standards
“(a) In general—A covered employee may not participate personally and substantially in a particular matter in which the covered employee knows or reasonably should have known that a former employer or former client of the covered employee has a financial interest.
“(b) Waiver
“(1) In general
“(A) Agency heads—With respect to the head of a covered agency who is a covered employee, the Designated Agency Ethics Official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the head engages in the action otherwise prohibited by such subsection if the Designated Agency Ethics Official for the Executive Office of the President determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the head’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.
“(B) Other covered employees—With respect to any covered employee not covered by subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the covered employee engages in the action otherwise prohibited by such subsection if the head of the covered agency determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the covered employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.
“(2) Publication—For any waiver granted under paragraph (1), the individual who granted the waiver shall—
“(A) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and
“(B) publish the waiver on the website of the applicable agency not more than 30 calendar days after granting such waiver.
“(3) Review—Upon receiving a written waiver under paragraph (1)(A), the Director shall—
“(A) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and
“(B) if the Director so objects—
“(i) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and
“(ii) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted.
“603. Penalties and injunctions
“(a) Criminal penalties
“(1) In general—Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.
“(2) Willful violations—Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.
“(b) Civil enforcement
“(1) In general—The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602.
“(2) Civil penalty
“(A) In general—If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of—
“(i) $100,000 for each violation; or
“(ii) the amount of compensation the person received or was offered for the conduct constituting the violation.
“(B) Rule of construction—A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person.
“(3) Injunctive relief
“(A) In general—In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602.
“(B) Standard—The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602.
“(C) Rule of construction—The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.”
Sec. 8015 Legal defense funds
Definitions— In this section—
the term Director means the Director of the Office of Government Ethics;
the term legal defense fund means a trust—
that has only one beneficiary;
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;
that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements;
that is subject to a trust agreement that prohibits the use of its resources for any purpose other than—
the administration of the trust;
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
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;
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
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;
the term lobbying activity has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
the term officer or employee means—
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;
the Vice President; and
the President; and
the term relative has the meaning given that term in section 3110 of title 5, United States Code.
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.
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—
prohibit the receipt of any gift or donation described in subsection (b)—
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;
from a registered lobbyist;
from a foreign government or an agent of a foreign principal;
from a State government or an agent of a State government;
from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee;
from any person conducting activities regulated by the agency employing the officer or employee;
from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee;
from an officer or employee of the executive branch; or
from any organization a majority of whose members are described in (A)–(H); and
require that a legal defense fund, in order to be certified by the Director, only permit distributions to the applicable officer or employee.
Written notice—
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:
The name and contact information for any proposed trustee of the legal defense fund.
A copy of any proposed trust document for the legal defense fund.
The nature of the legal proceeding (or proceedings), investigation or other matter which give rise to the establishment of the legal defense fund.
An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitation under this section.
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.
Reporting—
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—
the source and amount of each contribution to the legal defense fund; and
the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose.
Public availability— The Director shall make publicly available online—
each report submitted under paragraph (1) in a searchable, sortable, and downloadable form;
each trust agreement and any amendment thereto;
the written notice and acknowledgment required by subsection (d); and
the Director’s written certification of the legal defense fund.
changed
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 2 years from the date of the most recent gift or donation to the legal defense fund.
Sec. 8022 Procedure for waivers and authorizations relating to ethics requirements
changed
In general— Notwithstanding any other provision of law, not later than 30 days after an officer or employee issues or approves a waiver or authorization pursuant to any section 3 of Executive order related to ethics commitments Order No. 13770 (82 6 Fed. Reg. 9333), or compliance by covered employees, any subsequent similar order, such officer or employee shall—
transmit a written copy of such waiver or authorization to the Director of the Office of Government Ethics; and
make a written copy of such waiver or authorization available to the public on the website of the employing agency of the covered employee.
added
Retroactive application— In the case of a waiver or authorization described in subsection (a) issued during the period beginning on January 20, 2017, and ending on the date of enactment of this Act, the issuing officer or employee of such waiver or authorization shall comply with the requirements of paragraphs (1) and (2) of such subsection not later than 30 days after the date of enactment of this Act.
renumbered
was (3)
Office of Government Ethics public availability— Not later than 30 days after receiving a written copy of a waiver or authorization under subsection (a)(1), the Director of the Office of Government Ethics shall make such waiver or authorization available to the public on the website of the Office of Government Ethics.
added
Report to Congress— Not later than 45 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress on the impact of the application of subsection (b), including the name of any individual who received a waiver or authorization described in subsection (a) and who, by operation of subsection (b), submitted the information required by such subsection.
added
Definition of covered employee— In this section, the term “covered employee”—
removed
Definition of covered employee— In this section, the term covered employee—
renumbered
was (4)(3)
means a non-career Presidential or Vice Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), or an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency; and
renumbered
was (4)(4)
does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.
Sec. 8036 Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations
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.
Quarterly report on travel—
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.
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.
changed
Travel regulation report— Not later than one 1 year after enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations. On the date such report is so submitted, the Director shall publish such report on the Office’s public website.
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. 8042 Disclosure of certain types of contributions
Definitions— Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and
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;
changed
“(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; andCode;
“(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
added “(v) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); and
“(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);”
Disclosure requirements— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
in section 101—
in subsection (a)—
by inserting “(1)” before “Within”;
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
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).”
in subsection (b)(1), in the first sentence, by inserting “and the information required by section 102(j)” after “described in section 102(b)”;
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
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
in section 102—
in subsection (g), by striking “Political campaign funds” and inserting “Except as provided in subsection (j), political campaign funds”; and
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.”
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.”
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.
Technical and conforming amendments—
The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—
in section 101(f)—
in paragraph (9), by striking “section 109(12)” and inserting “section 109(15)”;
in paragraph (10), by striking “section 109(13)” and inserting “section 109(16)”;
in paragraph (11), by striking “section 109(10)” and inserting “section 109(13)”; and
in paragraph (12), by striking “section 109(8)” and inserting “section 109(11)”;
in section 103(l)—
in paragraph (9), by striking “section 109(12)” and inserting “section 109(15)”; and
in paragraph (10), by striking “section 109(13)” and inserting “section 109(16)”; and
in section 105(b)(3)(A), by striking “section 109(8) or 109(10)” and inserting “section 109(11) or 109(13)”.
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)”.
Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u–1) is amended—
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
in subsection (h)(2)—
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
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.)”.
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.)”.
Sec. 8052 Presidential transition ethics programs
changed
Section 6(b)(1) of the The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended—
added
in section 3(f), by adding at the end the following:
added “(3) Not later than 10 days after submitting an application for a security clearance for any individual, and not later than 10 days after any such individual is granted a security clearance (including an interim clearance), each eligible candidate (as that term is described in subsection (h)(4)(A)) or the President-elect (as the case may be) shall submit a report containing the name of such individual to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.”
added
in section 6(b)—
added
in paragraph (1)—
renumbered
was (3)
in subparagraph (A), by striking “and” at the end;
renumbered
was (4)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
renumbered
was (5)
by adding at the end the following:
added “(C) a list of all positions each transition team member has held outside the Federal Government for the previous 12-month period, including paid and unpaid positions;
added “(D) sources of compensation for each transition team member exceeding $5,000 a year for the previous 12-month period;
added “(E) a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team;
added “(F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and
added “(G) an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (E).”
added
in paragraph (2), by inserting “not later than 2 business days” after “public”; and
added
by adding at the end the following:
added “(3) The head of a Federal department or agency, or their designee, shall not permit access to the Federal department or agency, or employees of such department or agency, that would not be provided to a member of the public for any transition team member who does not make the disclosures listed under paragraph (1).”
removed
“(C) a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team;
removed
“(D) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and
removed
“(E) an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (E).”
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:
“II Ethics Pledge
“201. Definitions
“For the purposes of this title, the following definitions apply:
“(1) The term executive agency has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office.
“(2) The term appointee means any noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.
“(3) The term gift—
“(A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations (or any successor regulation); and
“(B) does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title 5.
“(4) The term covered executive branch official and lobbyist have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
“(5) The term registered lobbyist or lobbying organization means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, registered lobbyist includes each of the lobbyists identified therein.
“(6) The term lobby and lobbied mean to act or have acted as a registered lobbyist.
“(7) The term former employer—
“(A) means a person or entity for whom an appointee served as an employee, officer, director, trustee, partner, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and
“(B) does not include—
“(i) an agency or instrumentality of the Federal Government;
“(ii) a State or local government;
“(iii) the District of Columbia;
“(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or
“(v) the government of a territory or possession of the United States.
changed
“(8) The term former client means a person or entity for whom an appointee served personally as agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government, but does not include an agency or instrumentality of the Federal Government;Government.
“(9) The term directly and substantially related to my former employer or former clients means matters in which the appointee’s former employer or a former client is a party or represents a party.
“(10) The term participate means to participate personally and substantially.
“(11) The term post-employment restrictions includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations.
“(12) The term Government official means any employee of the executive branch.
“(13) The term Administration means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title.
“(14) The term pledge means the ethics pledge set forth in section 202 of this title.
“(15) All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title.
“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:
“203. Waiver
“(a) The President or the President’s designee may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the President’s designee certifies (in writing) that, in light of all the relevant circumstances, the interest of the Federal Government in the employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.
“(b) Any waiver under this section shall take effect when the certification is signed by the President or the President’s designee.
“(c) For purposes of subsection (a)(2), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph (2)(B) of the pledge.
“(d) For any waiver granted under this section, the individual who granted the waiver shall—
“(1) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and
“(2) publish the waiver on the website of the applicable agency not later than 30 calendar days after granting such waiver.
“(e) Upon receiving a written waiver under subsection (d), the Director shall—
“(1) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and
“(2) if the Director so objects—
“(A) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and
“(B) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted.
“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.”